BETA

494 Amendments of Simon BUSUTTIL

Amendment 4 #

2012/2223(INI)

Draft opinion
Paragraph 2
2. Points out that many useful instruments already exist at an EU level and that these instruments include the EU Crisis and Coordination Arrangements, Civil Protection, EEAS Crisis Response and Operational Coordination, EU Intelligence Analysis Centre, Strategic Analysis and Response Capability, Europol's First Response Network, CBRN Action Plan, Atlas Network, ARGUS and agencies such as Frontex; notes that the Solidarity Clause should avoid creating new instruments and opt for the coordination or strengthening of these instruments for the purposes of preventing and responding to disasters and attacks;
2012/10/03
Committee: LIBE
Amendment 4 #

2012/2092(BUD)

Draft opinion
Paragraph 6
6. InsistNotes that the Agencies, such as EASO and Frontex, should, on the bEASO is a new agency that is still growing and that Frontex has new tasiks of their outputs and results, receunder its amended Regulation; insists that EASO and Frontex be given appropriate funding and should be allocatedequate financial resources and the necessary staff for them to carrying out their activities;mandate and tasks to the full.
2012/08/29
Committee: LIBE
Amendment 17 #

2012/2032(INI)

Motion for a resolution
Paragraph 4
4. Underlines the fact that there has been a sharp decrease in the number of asylum applications in the past decade in the EU; highlights that as a whole and in some Member States; highlights however that, when considering their geographic and demographic characteristics, certain Member States face disproportionate asylum requests compared to others, and that asylum applications are unevenly spread across the EU; stresses that it is crucial to identify these inequalities by, inter alia, comparing absolute numbers andwith capacity indicators;
2012/06/07
Committee: LIBE
Amendment 22 #

2012/2032(INI)

Motion for a resolution
Paragraph 5
5. Stresses that a high level of protection for asylum applicants and beneficiaries of international protection cannot be achieved if the discrepancies in the proportion of asylum applications to the individual Member States' absorption capacity and in the technical and administrative capacities in different Member States are not redressed;
2012/06/07
Committee: LIBE
Amendment 25 #

2012/2032(INI)

Motion for a resolution
Paragraph 6
6. Takes the view that although the number of asylum applications is not constant, it is predictable to some extent, especially as regards EU entry pointsthere is evidence of specific entry points at the EU's external borders which constitute hot spots, and from which it is reasonably predictable that a large number of asylum applications may be lodged;
2012/06/07
Committee: LIBE
Amendment 87 #

2012/2032(INI)

Motion for a resolution
Paragraph 21
21. Considers that the Dublin Regulation, which governs the allocation of responsibility for asylum applications, while placinges a disproportionate burden on Member States constituting entry points into the EU, and does not provide the means for them to respond adequately to the administrative and financial demands involvedallow for a fair distribution of asylum responsibility among Member States; notes that the Dublin system as it has been applied so far has led to the unequal treatment of asylum seekers across the EUin some Member States while also having an adverse impact on family reunification and integration; stresses, moreover, its shortcomings in terms of efficiency and cost-effectiveness, since more than half of agreed transfers never take place and multiple applications are still the rule;
2012/06/07
Committee: LIBE
Amendment 100 #

2012/2032(INI)

Motion for a resolution
Paragraph 24
24. Considers that joint processing could constitute a valuable tool for solidarity and responsibility-sharing in preventing or rectifying capacity problems, reducing the burdens and costs related to asylum processing, and ensuring a more equitable sharing of responsibility for the processing of asylum applications; notes that this would need to be complemented by a system to ensure a more equitable sharing of responsibility once applications are processed;
2012/06/07
Committee: LIBE
Amendment 112 #

2012/2032(INI)

Motion for a resolution
Paragraph 29
29. Stresses the importance of projects such as the European Union's Relocation Project for Malta (EUREMA), which relocates and its extension, under which beneficiaries of international protection have been, and are being, relocated from Malta to other Member States, and advocates developing more initiatives of this kind; regrets that this project has not been as successful as expected because Member States were reluctant to participate; calls on Member States to actively participate in the EUREMA project in a spirit of solidarity; welcomes the Commission's commitment to undertake a thorough evaluation of the EUREMA project and submit a proposal for a permanent EU Relocation SchemeMechanism;
2012/06/07
Committee: LIBE
Amendment 118 #

2012/2032(INI)

Motion for a resolution
Paragraph 29 a (new)
29 a. Calls on the Commission to submit as soon as possible a legislative proposal for the establishment of a permanent and effective intra-EU Relocation Mechanism for beneficiaries of international protection and asylum-seekers present in Member States which are facing specific and disproportionate pressures on their national asylum systems, in particular due to their geographic location or their demographic situation;
2012/06/07
Committee: LIBE
Amendment 120 #

2012/2032(INI)

Motion for a resolution
Paragraph 29 b (new)
29 b. Calls on the Commission to base this intra-EU Relocation Mechanism on a European Distribution Key which takes into consideration Member States' GDP, population and the size of their land territory. Such a European Distribution Key would be without prejudice to each Member States' obligation to fully implement and apply the existing European asylum acquis and to adhere to all international obligations in this field;
2012/06/07
Committee: LIBE
Amendment 123 #

2012/2032(INI)

Motion for a resolution
Paragraph 30
30. Calls on the Commission to include strong procedural safeguards and clear criteria in its proposal for a permanent EU relocation scheme, in order to guarantee potential beneficiaries’ best interests and relieve migratory pressure in the Member States particularly exposed to migration flows; Rrecommends involving the host community, civil society and local authorities from the outset in relocation initiatives;
2012/06/07
Committee: LIBE
Amendment 131 #

2012/2032(INI)

Motion for a resolution
Paragraph 32 a (new)
32 a. Notes that the Commission has indicated that it will always consider activating the mechanism of the Temporary Protection Directive when the appropriate conditions are met, in particular in the event of a mass influx or imminent mass influx of displaced persons unable to return to their country of origin in safe and durable conditions; calls on the Commission to make it possible for this Directive to be activated even in cases where the relevant influx constitutes a mass influx for at least one Member State and not only when it constitutes a mass influx for the EU as a whole;
2012/06/07
Committee: LIBE
Amendment 17 #

2012/2016(BUD)

Draft opinion
Paragraph 4 a (new)
4a. Notes that sufficient financial resources should be made available for the purpose of intra-EU relocation of migrants, on the basis of solidarity with Member States which face disproportionate migratory pressures due to their geographical location;
2012/05/16
Committee: LIBE
Amendment 24 #

2012/2016(BUD)

Draft opinion
Paragraph 6
6. Regrets the fact that the Commission has proposed insufficient human and financial resources to ensure the functioning of the EASOcontinuing development and functioning of the EASO; notes that EASO will have a crucial role especially in the successful implementation of the Early Warning, Preparedness and Crisis Management Mechanism as envisaged by the Council Conclusions of 8 March 2012 on a Common Framework for genuine and practical solidarity towards Member States facing particular pressures on their asylum systems, including through mixed migration flows;
2012/05/16
Committee: LIBE
Amendment 28 #

2012/2016(BUD)

Draft opinion
Paragraph 7
7. Considers that, in the light of its new mandateincreased tasks under its new mandate as well as the future implementation of EUROSUR, Frontex should be allocated additional staff;
2012/05/16
Committee: LIBE
Amendment 6 #

2011/2182(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Emphasises in particular the importance of removing obstacles to the free movement of Europe's citizens in particular by ensuring that citizens enjoy their EU rights pertaining to the several aspects of their life in any Member State to which they travel. This is particularly important with respect to the free movement of workers and professionals and thus to the completion of the internal market.
2011/11/29
Committee: IMCO
Amendment 8 #

2011/2182(INI)

Draft opinion
Paragraph 1 b (new)
1 b. Commends the Commission's commitment to propose by 2012 a legislative instrument for faster and less bureaucratic recognition of professional qualifications. Regards access to apply electronically for recognition of qualifications as an important priority in this area.
2011/11/29
Committee: IMCO
Amendment 9 #

2011/2182(INI)

Draft opinion
Paragraph 1 c (new)
1 c. Recalls the importance of portability of pensions across EU Member States which remains a significant obstacle discouraging citizens from exercising their right to free movement.
2011/11/29
Committee: IMCO
Amendment 10 #

2011/2182(INI)

Draft opinion
Paragraph 1 d (new)
1 d. Strongly reaffirms its belief in the importance of one-stop-shop information points. Commends the Commission's efforts in creating its online one-stop-shop information portal and ongoing efforts to streamline information. Calls on the Commission to step-up solutions for adequately resourced physical one-stop- shops located within each Member State. Proposes that such one-stop-shops be located within the representations of the European Commission in the various EU Member States.
2011/11/29
Committee: IMCO
Amendment 11 #

2011/2182(INI)

Draft opinion
Paragraph 1 e (new)
1 e. Recognizes that administrative hurdles remain a major barrier within the European Union. Calls on the Commission to find more effective solutions, by constantly identifying and addressing the barriers and bottlenecks for citizens dealing in cross-border administrative procedures, whether directly or through the local administrative authority.
2011/11/29
Committee: IMCO
Amendment 12 #

2011/2182(INI)

Draft opinion
Paragraph 1 f (new)
1 f. Recognizes the language difficulties faced by citizens in dealing with national courts, institutions and administrations when moving freely within the European Union. Calls on the Commission to offer tangible and expedient solutions to help citizens overcome this significant obstacle, without placing a significant burden on the Member State authorities.
2011/11/29
Committee: IMCO
Amendment 13 #

2011/2182(INI)

Draft opinion
Paragraph 1 g (new)
1 g. Commends the Commission's efforts to ensure that air passengers know about and enjoy their rights particularly with respect to flight delays and cancellations. Requests that the Commission continue to monitor the situation of passenger rights in the EU and to propose and pursue effective actions in this field. Commends the Commission's plans to revise Regulation (EC) 261/2004 on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. Calls on the Commission to avoid further delays in revising the Package Travel Directive.
2011/11/29
Committee: IMCO
Amendment 14 #

2011/2182(INI)

Draft opinion
Paragraph 1 h (new)
1 h. Supports the Commission's efforts to devise an initiative on registration of motor vehicles previously registered in another Member State as this will reduce cumbersome re-registration formalities and paperwork and will avoid instances of dual payment of registration tax. Calls on the Commission to ensure that a legislative proposal is presented in this regard in 2012.
2011/11/29
Committee: IMCO
Amendment 15 #

2011/2182(INI)

Draft opinion
Paragraph 1 i (new)
1 i. Welcomes the Commission's proposals to facilitate access to cross-border healthcare to ensure peace of mind for citizens located outside their Member State and to improve quality and accessibility to health services for all EU citizens.
2011/11/29
Committee: IMCO
Amendment 16 #

2011/2182(INI)

Draft opinion
Paragraph 2
2. Takes note of the recent Commission publications on ‘Consumer Empowerment’ and ‘The 20 main concerns’, which highlight the information, legislative and implementation gaps which persist within the Single Market, as well as citizens' antagonism and lack of knowledge with regard to their rights within the market on the other hand;’ frustration at not being adequately informed and therefore not being able to exercise their rights within the single market effectively. Calls on the Commission to fill in these gaps.
2011/11/29
Committee: IMCO
Amendment 28 #

2011/2182(INI)

Draft opinion
Paragraph 3
3. Recalls the importance of effective redress mechanisms as a means to ensure that consumers may pursue their rights. Emphasises that ADR systems like the SOLVIT network have proven effective in solving problems affecting citizens such as the recognition of professional qualifications and portability of pension funds of mobile workers, but that nevertheless the ADR landscape of Europe remains largely fragmented; urges the Commission to ensure that foreseen EU legislative action in the fields of ADR and collective redress is completed by 2012;. Emphasises the importance that the adopted tools should facilitate consumer redress in cross-border purchases of goods and services.
2011/11/29
Committee: IMCO
Amendment 42 #

2011/2182(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Welcomes the Commission's proposals to provide patients with secure online access to their medical health data; Calls on the Commission to continue working towards its target of widespread deployment of telemedicine services by 2020.
2011/11/29
Committee: IMCO
Amendment 45 #

2011/2182(INI)

Draft opinion
Paragraph 5 b (new)
5 b. Demands further action from the Member States in coordination with the Commission to overcome hurdles preventing online companies from offering their services to citizens of particular Member States. Welcomes, in this regard, the Commission proposal on a European Contract Law.
2011/11/29
Committee: IMCO
Amendment 47 #

2011/2182(INI)

Draft opinion
Paragraph 5 c (new)
5 c. Reminds the European Commission of its duty to investigate infringements of EU law particularly with respect to infringements of citizens' EU rights. Stresses that the burden of proof regarding such infringements of EU law must not be pushed onto citizens who do not have the resources to furnish such information.
2011/11/29
Committee: IMCO
Amendment 14 #

2011/2157(INI)

Draft opinion
Paragraph 2 a (new)
2a. Believes that, to support the recent developments towards democratic reforms and civil liberties in North Africa and the Mediterranean region, the EU should further open its market, starting with Egypt, Tunisia and the Transitional National Council of Libya;
2011/09/15
Committee: LIBE
Amendment 15 #

2011/2157(INI)

Draft opinion
Paragraph 2 b (new)
2b. Takes the view that, in order to concretely support the aspirations for freedom in North Africa and the Mediterranean region, the EU should at the same time consider engaging a dialogue to encourage these countries to strengthen their regional relations, with the goal of removing obstacles to freedom of movement for people, goods and services among themselves;
2011/09/15
Committee: LIBE
Amendment 56 #

2011/2157(INI)

Draft opinion
Paragraph 6
6. Strongly supports the partnership with societies approach and thus calls on the Commission and the Vice-President/High Representative to develop mechanisms to ensure its full application, in particular by setting up a mconitoringsultation mechanism involving civil society in the definition of objectives and benchmarks and in the implementation and monitoring of all agreements with partners, where appropriate; by maintaining a transparent dialogue on JHA matters with democratically elected authorities and national parliaments; and by increasing the democratic scrutiny of the EP in all mechanisms and dialogues on migration;
2011/09/15
Committee: LIBE
Amendment 1 #

2011/2155(INI)

Motion for a resolution
Citation 1 a (new)
– having regard to the Commission Staff Working Document of 24 February 2012 "Making the Single Market Deliver", Annual Governance check-up 2011, published by the European Commission,
2012/03/26
Committee: IMCO
Amendment 2 #

2011/2155(INI)

Motion for a resolution
Citation 2 a (new)
– having regard to the Commission's Staff Working Paper of 24 February 2012 "Reinforcing effective problem-solving in the Single Market - unlocking SOLVIT's potential at the occasion of its 10th anniversary",
2012/03/26
Committee: IMCO
Amendment 3 #

2011/2155(INI)

Motion for a resolution
Citation 2 b (new)
– having regard to the statement of the Members of the European Council of the 30th January 2012 entitled "Towards growth-friendly consolidation and job- friendly growth" regarding the governance of the Single Market and the commitment to "swiftly and fully implement at the national level" what Member States have already agreed, to deliver the full potential of the Single Market,
2012/03/26
Committee: IMCO
Amendment 6 #

2011/2155(INI)

Motion for a resolution
Recital D
D. whereas the publication of the Internal Market Scoreboard has consistently helped to reduce the transposition deficit, butenhance transposition of Single Market rules by providing objective and substantive data on transposition and implementation of these rules by the Member States, and whereas objective data should remain at the core of the Internal Market Scoreboard exercise; whereas a more qualitative approach needs to be takenadopted which looks beyond the figures and identifies the reasons for this deficit;
2012/03/26
Committee: IMCO
Amendment 8 #

2011/2155(INI)

Motion for a resolution
Recital E
E. whereas although the Internal Market Scoreboard and the Consumer Market Scoreboard are used in different contexts and have different methodologies with different scopes and different sets of indicators, they share the overall aim of improving the functioning of the internal market;
2012/03/26
Committee: IMCO
Amendment 9 #

2011/2155(INI)

Motion for a resolution
Recital F
F. whereas Malta has the best record on timely transposition of EU Directives, and the Czech RepublicBelgium is at the bottom of the league, albeit registering steady progresshaving increased its already high transposition backlog;
2012/03/26
Committee: IMCO
Amendment 11 #

2011/2155(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas Member States with small administrations have limited resources to handle the transposition of complex legislative dossiers but whereas small Member States such as Malta have nonetheless succeeded in meeting the transposition deadlines;
2012/03/26
Committee: IMCO
Amendment 12 #

2011/2155(INI)

Motion for a resolution
Recital G
G. whereas the current average deficit of 1.2 % is in accordance withonce more above the 1% target agreed by the Heads of State and Government in 2007, but the latest trend shows that more Member States (16) are fmany Member States have reduced the number of directives remailning to comply with this targetbe transposed;
2012/03/26
Committee: IMCO
Amendment 15 #

2011/2155(INI)

Motion for a resolution
Recital H
H. whereas 9085 directives remain untransposed in at least one Member State (the fragmentation factor is 6 %) and thus cannot produce their full effect in the single market;
2012/03/26
Committee: IMCO
Amendment 16 #

2011/2155(INI)

Motion for a resolution
Recital I
I. whereas threewo directives are more than two years behind their transposition deadline, in direct violation of the ‘zero tolerance’ target set by the Heads of State and Government in 2007;
2012/03/26
Committee: IMCO
Amendment 18 #

2011/2155(INI)

Motion for a resolution
Recital K
K. whereas more accurate information is needed on the quality of transposition, and whereas the Commission's Pilot Project can be used in tandem with the Internal Market Scoreboard to detect transposition failures and act rapidly to solve them;
2012/03/26
Committee: IMCO
Amendment 19 #

2011/2155(INI)

Motion for a resolution
Recital K a (new)
Ka. whereas better quality in the drafting of adopted legislation could help reduce delays in the transposition of EU law;
2012/03/26
Committee: IMCO
Amendment 20 #

2011/2155(INI)

Motion for a resolution
Recital L
L. whereas the Lisbon Treaty introduced for the first time the possibility of immediate fines imposed by the European Court of Justice in the event of non- communication of transposition measures;
2012/03/26
Committee: IMCO
Amendment 21 #

2011/2155(INI)

Motion for a resolution
Recital N
N. whereas, when internal market rules are misapplied, the lack of an operativeefficient redress systems can hinder the effectiveness of citizens' rights by obliging them to start long, slow judicial proceedings in order to defend themselves;
2012/03/26
Committee: IMCO
Amendment 22 #

2011/2155(INI)

Motion for a resolution
Recital S
S. whereas, although SOLVIT's capacity has recently been improved thanks to better staffing, it is nevertheless important to consolidate itit is important to consolidate and further develop SOLVIT's presence and capacities in all layers of the national administrations in order to guarantee its maximum efficiency and best results;
2012/03/26
Committee: IMCO
Amendment 23 #

2011/2155(INI)

Motion for a resolution
Recital T
T. whereas SOLVIT should not be a substitute forcomplement to the European Commission's legal work on infringement proceedings by alerting the European Commission on specific issues with the transposition and implementation of EU law in the Member States;
2012/03/26
Committee: IMCO
Amendment 24 #

2011/2155(INI)

Motion for a resolution
Recital U
U. whereas the Commission is preparing a new strategy to reinforce SOLVIT, and the possibility of giving it a specific legal basis is being considered;
2012/03/26
Committee: IMCO
Amendment 26 #

2011/2155(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Internal Market Scoreboard and SOLVIT as important tools with which to achieve better functioning of the, albeit of a different nature, to monitor and identify problems in the transposition and implementation of EU law, but also to identify gaps and bottlenecks in the Single Market, with a view to encouraging action for a better functioning internal market;
2012/03/26
Committee: IMCO
Amendment 27 #

2011/2155(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the fact that the Commission willhas merged the Internal Market Scoreboard, Your Europe and SOLVIT reports into a single report, which will allow a, Your Europe Advice, SOLVIT, IMI and single points of contact reports into a single comprehensive report, the Annual Governance Checkup, which allows for a reader-friendly, holistic assessment of the functioning of the single market;
2012/03/26
Committee: IMCO
Amendment 28 #

2011/2155(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Considers that constant and frequent monitoring of the progress made by Member States is one of the key factors in encouraging them to step up their efforts; Welcomes in this regard the Commission's announcement that a distinct Internal Market Scoreboard will continue to be published each year in or around the summer; notes with concern however that separate reports for each of the different elements of the Annual Governance Check- up could divert the focus away from a holistic approach, and deviate the efforts of the Commission's services towards reporting rather than solving problems highlighted in the Annual Governance Checkup;
2012/03/26
Committee: IMCO
Amendment 31 #

2011/2155(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Welcomes the fact that considerable progress has been registered in reducing the number of long overdue directives and calls on Member States to continue their good efforts in this respect;
2012/03/26
Committee: IMCO
Amendment 33 #

2011/2155(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission to carry out a qualitative assessment of the type oflassify outstanding infringements in the Internal Market Scoreboard that distinguishes between infringementsaccording to those which may be easily resolved and those which result in outright disagreement between the Commission and the Member States;
2012/03/26
Committee: IMCO
Amendment 36 #

2011/2155(INI)

Motion for a resolution
Paragraph 6
6. Takes note of the Commission's success with the EU Pilot; cautions, however, that while this may have resulted in a lower number of infringement cases, it may leave the Commission to deal with the most difficult cases in the formal infringement proceedings which could also be the cause of longer duration of infringement cases; fears that this will result in longer delays in resolving internal market gaps;
2012/03/26
Committee: IMCO
Amendment 37 #

2011/2155(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Takes note that almost 50% of pending Internal Market infringement proceedings relate to areas of taxation and environment; Calls on Member States to dedicate particular attention to better and timelier transposition and implementation of EU rules in these two areas;
2012/03/26
Committee: IMCO
Amendment 38 #

2011/2155(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission to ensure that infringements of EU law are met with timelpursued swiftly by infringement proceedings;
2012/03/26
Committee: IMCO
Amendment 39 #

2011/2155(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls on the Commission to make more use of SOLVIT as a first port of call for complaints concerning a misapplication of EU law in a cross- border context; calls also on the Commission to ensure that cases which could not be resolved by SOLVIT are appropriately followed up;
2012/03/26
Committee: IMCO
Amendment 40 #

2011/2155(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Calls on the Commission to provide support for Member States in the transposition of EU law by developing new tools such as transposition guidelines and a transposition helpdesk;
2012/03/26
Committee: IMCO
Amendment 44 #

2011/2155(INI)

Motion for a resolution
Paragraph 11
11. Welcomes the Commission's announcement that an Internal Market Scoreboard will be published each year in or around the summer; considers that constant and frequent monitoring of the progress made by Member States is one of the key factors in encouraging them to step up their efforts;deleted
2012/03/26
Committee: IMCO
Amendment 46 #

2011/2155(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to complement the Internal Market Scoreboard by providinge evaluations of findings further to petitions submitted to the European Parliament on single market problems and to incorporate this in the Annual Governance Check-up; stresses that the petitions process should be better utilised to improve the EU's legislative process;
2012/03/26
Committee: IMCO
Amendment 48 #

2011/2155(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission to ensure that correlation tables are made public, to reduceinsist that Member States formally accept a reduction in numerical targets limiting the transposition and compliance deficit for national legislation to 0.5 % for the transposition deficit and 0.5 % for the compliance deficit respectively, and to ensure more effective application of infringement proceedings by means of numerical targets relating to the stages of the procedure, since, as the Commission identified in the Single Market act, these are necessary to thorough and comprehensive implementation of single market legislation;
2012/03/26
Committee: IMCO
Amendment 49 #

2011/2155(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Calls on Member States to systematically provide proper correlation tables setting out how Internal Market Directives are applied in national regulations;
2012/03/26
Committee: IMCO
Amendment 50 #

2011/2155(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Calls on the Commission to take measures to improve the quality of drafting in European legislation; welcomes the efforts devoted to better and smarter law-making and encourages all three institutions involved in the legislative process to constantly endeavour to improve the quality of the legislation they jointly produce;
2012/03/26
Committee: IMCO
Amendment 51 #

2011/2155(INI)

Motion for a resolution
Paragraph 17
17. Calls on the Commission to find ways to increase coordination between tools such as SOLVIT, Your Europe Advice, the Enterprise Europe Network, European Consumer Centres and, the European Employment Service, andIMI and the points of single contact to avoid duplication of efforts and resources;
2012/03/26
Committee: IMCO
Amendment 53 #

2011/2155(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Calls on the Commission to propose ways of better integrating tools such as SOLVIT with the Petitions process of the European Parliament;
2012/03/26
Committee: IMCO
Amendment 55 #

2011/2155(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Member States to ensure that SOLVIT centres are appropriately staffed and that there is the necessary degree of coordination and communication with all instances of the national administrations to ensure that decisions are implemented, as well as with the different services of the European Commission, to ensure that decisions are implemented; calls on the Commission to modernise the 2001 Commission Recommendation on principles for using "SOLVIT" - the Internal Market Problem Solving Network, in line with what is proposed in the Commission Staff Working Document "Reinforcing effective problem-solving in the Single Market";
2012/03/26
Committee: IMCO
Amendment 56 #

2011/2155(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Notes that cumbersome social security procedures are one of the main concerns of citizens discouraging mobility of workers in Europe; Calls for more resources for SOLVIT to be dedicated to dealing with social security cases;
2012/03/26
Committee: IMCO
Amendment 57 #

2011/2155(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Commission to focus on deliveringcontinue its efforts to offer citizens and businesses an integrated virtual package of information and help services, particularly by further developing the Your Europe portal as the single online gateway to all information and help; Notes however the importance of direct human contact and in this regard suggests complementing these efforts with a single live point of contact for citizens and consumers via the Commission's representative offices in each Member State; takes the view that bringing liaison officers from SOLVIT, Your Europe Advice, the Enterprise Europe Network, European Consumer Centres and the European Employment Service together within the representative offices would meet this aim, as well as resulting in better coordination and cohesion; calls on the Commission to consider the feasibility of giving SOLVIT a specific legal basis;
2012/03/26
Committee: IMCO
Amendment 60 #

2011/2155(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to report on the feasibility of providing Commission staff for the single live points of contact in each Member State; considers that this could be a solution to the staffing problems identified by SOLVIT in various national public administrations; calls on the Commission to consider the feasibility of giving SOLVIT a specific legal basis;
2012/03/26
Committee: IMCO
Amendment 61 #

2011/2155(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Calls on the Commission to ensure the setting up of online Points of Single Contact via e-government portals in all Member States in the official language of the host country and in English; notes that the Points of Single Contact are key for the implementation of the services directive; regrets the fact that only one third of available online e-government portals provide access to online electronic procedures; calls on the Member States to provide user-friendly information in several EU languages regarding online administrative rules and procedures regarding the provision of services, in order to facilitate cross-border business in Europe;
2012/03/26
Committee: IMCO
Amendment 62 #

2011/2155(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Calls on the Commission to consider including findings of Eurobarometer surveys in the Annual Governance Checkup as part of its evaluation to better inform decision-making;
2012/03/26
Committee: IMCO
Amendment 64 #

2011/2155(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission to identifyreport on the main internal market obstacles particular to citizens and consumers with a disability and to arrange for special efforts to be made to remove such obstacles;
2012/03/26
Committee: IMCO
Amendment 1 #

2011/2084(INI)

Motion for a resolution
Citation 4
– having regard to the relevant case law of the Court of Justice of the European Union1, __________________ 1 In particular the judgments in the following cases: Schindler 1994 (C- 275/92), Gebhard 1995 (C-55/94), Läärä 1999 (C-124/97), Zenatti 1999 (C-67/98), Anomar 2003 (C-6/01), Gambelli 2003 (C- 243/01), Lindman 2003 (C-42/02), Fixtures Marketing Ltd v OPAP 2004 (C-444/02), Fixtures Marketing Ltd v Svenska Spel AB 2004 (C-338/02), Fixtures Marketing Ltd v Oy Veikkaus Ab 2005 (C-46/02), Stauffer 2006 (C-386/04), Unibet 2007 (C-432/05), Placanica and others 2007 (C-338/04, C- 359/04 and C-360/04), Kommission v Italien 2007 (C-206/04), Liga Portuguesa de Futebol Profissional 2009 (C-42/07), Ladbrokes 2010 (C-258/08), Sporting Exchange 2010 (C-203/08), Sjöberg and Gerdin 2010 (C-447/08 and C-448/08), Markus Stoß and others 2010 (C-316/07, C-358/07, C-359/07, C-360/07, C-409/07 and C-410/07), Carmen Media 2010 (C- 46/08) and, Engelmann 2010 (C-64/08), Neukirchinger 2011 (C-382/08), Webb 1981 (C-279/80) and Canal Satélite Digital SL 2002 (C-390/99).
2011/09/08
Committee: IMCO
Amendment 15 #

2011/2084(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas gambling services fall under Article 56 TFEU and are thus covered by the rules on the provision of services,
2011/09/08
Committee: IMCO
Amendment 18 #

2011/2084(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas gambling services are subject to a number of EU acts such as the Audiovisual Media Services Directive, the Unfair Commercial Practices Directive, the Distance Selling Directive, the Anti- Money Laundering Directive, the Data Protection Directive, the Directive on privacy and electronic communication, and the Directive on the common system of value added tax,
2011/09/08
Committee: IMCO
Amendment 23 #

2011/2084(INI)

Motion for a resolution
Recital C
C. whereas market fragmentation not only makes it difficult for regulated providers to supply legal offeringprovide lawful gaming services on a cross- border basis, but also makes it virtually impossible to protect consumers and combat the crime associated with gambling,
2011/09/08
Committee: IMCO
Amendment 38 #

2011/2084(INI)

Motion for a resolution
Recital E
E. whereas Article 56 TFEU guarantees the freedom to provide services, but Internet gambling was expressly exempted from the Services Directive because it is not a normal service,
2011/09/08
Committee: IMCO
Amendment 47 #

2011/2084(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas gambling is an economic activity to which internal market rules, namely freedom of establishment and freedom to provide services, apply; while restrictive measures imposed by Member States must be justified, appropriate, proportionate and necessary as laid down by the case-law of the Court of Justice,
2011/09/08
Committee: IMCO
Amendment 48 #

2011/2084(INI)

Motion for a resolution
Recital G
G. whereas Internet gambling and betting involve a greater risk of addiction and dangers thans with traditional physical, location- based gambling,
2011/09/08
Committee: IMCO
Amendment 59 #

2011/2084(INI)

Motion for a resolution
Recital H
H. whereas gambling represents a considerable source of revenue for thewhich Member States, for can channel to publicly beneficial and charitable purposes and for the funding of sport,
2011/09/08
Committee: IMCO
Amendment 79 #

2011/2084(INI)

Motion for a resolution
Paragraph 1 – point 2
(2) contain the illegal gambling market"black market" as defined in the Commission Green Paper,
2011/09/08
Committee: IMCO
Amendment 96 #

2011/2084(INI)

Draft opinion
Paragraph 1 – point 7 a (new)
(7a) that gaming is kept free from crime, fraud and any form of money laundering;
2011/09/08
Committee: IMCO
Amendment 98 #

2011/2084(INI)

Motion for a resolution
Paragraph 2
2. Underscores the standpoint of the European Court of Justice12, that the 12 Carmen Media 2010 (C-46/08). 12 Carmen Media 2010 (C-46/08). Internet is simply aa unique channel for offering games of chance with sophisticated technologies that can be used to protect consumers and to maintain public order;
2011/09/08
Committee: IMCO
Amendment 110 #

2011/2084(INI)

Motion for a resolution
Paragraph 4
4. Is of the opinion that attractive, legalwell regulated provision of gambling offeringservices on the Internet could considerably rein in the unlicensed black market and also increase government revenue;
2011/09/08
Committee: IMCO
Amendment 118 #

2011/2084(INI)

Motion for a resolution
Paragraph 5
5. Rejects, accordingly, any European legislative act uniformly regulating the entire gambling market, but nonetheless takes the view that, in some sectors, a uniform European approach would be appropriateTakes the view that, a common and consistent European approach would be appropriate to regulate the gambling sector in Europe and to provide European consumers with a minimum standard of consumer protection which is essential given the cross-border nature of online gambling services;
2011/09/08
Committee: IMCO
Amendment 142 #

2011/2084(INI)

Motion for a resolution
Paragraph 7
7. Insists, however, that Member States which open up the Internet gambling market must ensure complete transparency and make non-discriminatory competition possible; suggest, in this instance, to the Member States that they introduce a licensing model which makes it possible for any European gambling provider meeting the conditions imposed by Member States to apply for a licence and which avoids additional administrative burdens by avoiding the duplication of requirements and controls;
2011/09/08
Committee: IMCO
Amendment 153 #

2011/2084(INI)

Motion for a resolution
Paragraph 8
8. Is of the opinion that the principle of mutual recognition of licences on the gambling market does not apply, but that nevertheless, in keeping with the internal market, simplified licence application procedures should be set up in someduly recognizing requirements and controls that have been carried out in other Member States;
2011/09/08
Committee: IMCO
Amendment 164 #

2011/2084(INI)

Motion for a resolution
Paragraph 9
9. Calls - in keeping with the principle of ‘active subsidiarity’ - for a common regulatory framework laying down binding high-level minimum standards with regard to preventing gambling addiction and betting fraud and to protecting young people; states that, where a provider complies with those minimum standards, the other Member States should recognise this accordingly, but may set further conditions; is of the opinion that a pan- European code of conduct for Internet gambling could be a first step;
2011/09/08
Committee: IMCO
Amendment 186 #

2011/2084(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission and the Member Sts guardian of the Treaties, into concert,tinue to carry out effective checks on compliance with the conditions set by Member StatesEU law and to penalise infringements;
2011/09/08
Committee: IMCO
Amendment 218 #

2011/2084(INI)

Draft opinion
Paragraph 14
14. Calls on the Commission and the Member States to take note of studies already conducted in this field and furthermore collect and publish statistics on Internet gambling markets and gambling addiction in the EU;
2011/09/08
Committee: IMCO
Amendment 258 #

2011/2084(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Calls on the Commission to assess the possibilities for an independently functioning model of financing sports with the least burden on the gaming industry to ensure a sustainable funding model for sports events;
2011/09/08
Committee: IMCO
Amendment 21 #

2011/2025(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the regulated processing of personal data is necessary for the purposes of security and for the functioning of instruments in the fight against terrorism and during these processes the data protection rights of individuals have to be safeguarded; whereas data processing for the purposes of security and the fight against terrorism should be considered distinctly from data processing for other purposes,
2011/05/03
Committee: LIBE
Amendment 32 #

2011/2025(INI)

Motion for a resolution
Recital E
E. whereas technology makesis increasingly making it possible to create, send, process and store personal data any time and anywhere in many different forms, and whereas, in this context, it is crucially important that data subjects retain effective control over their own data,
2011/05/03
Committee: LIBE
Amendment 69 #

2011/2025(INI)

Motion for a resolution
Paragraph 4 – indent 1
– full harmonisation and legal certainty, providing a uniform, complete and high level of protection of individuals in all circumstances, in all areas where data protection issues arise,
2011/05/03
Committee: LIBE
Amendment 6 #

2011/2020(BUD)

Draft opinion
Paragraph 3 c (new)
3 c. Notes that enough financial resources must be made available for Frontex to perform its tasks under its new mandate and that the Frontex budget should be reviewed in the first part of 2012 when, following the entry into force of the new Regulation, the Agency would be able to establish the resources it needs to start carrying out its new tasks during 2012 and to possibly also set up Frontex Operational Offices;
2011/08/25
Committee: LIBE
Amendment 8 #

2011/2020(BUD)

Draft opinion
Paragraph 3 e (new)
3 e. Calls for sufficient resources to be made available to the European Asylum Support Office in order to enable the Agency to continue setting itself up and become fully operational as soon as possible;
2011/08/25
Committee: LIBE
Amendment 13 #

2011/2019(BUD)

Draft opinion
Paragraph 2
2. Considers that it is necessary to dedicate funding to international protection and integration and not to focus primarily on countering irregular migration;
2011/05/06
Committee: LIBE
Amendment 58 #

2011/0427(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) The aims of this regulation take on increasing importance in view of the frequency of attempts to illegally cross the EU's external borders and given that the criminal networks involved in the facilitation of illegal migration are often also involved in trafficking in human beings, drugs and nuclear material and in supporting terrorist groups.
2012/09/27
Committee: LIBE
Amendment 211 #

2011/0427(COD)

Proposal for a regulation
Article 12 – paragraph 2 – introductory part
2. The Agency mayshall provide a national coordination centre upon request with information on the external borders of the requesting Member State and on the pre- frontier area which is derived from:
2012/09/27
Committee: LIBE
Amendment 220 #

2011/0427(COD)

Proposal for a regulation
Article 12 – paragraph 3 – introductory part
3. The Agency mayshall provide the information referred to in paragraph 1 by combining and analysing data collected from the following systems, sensors and platforms:
2012/09/27
Committee: LIBE
Amendment 226 #

2011/0427(COD)

Proposal for a regulation
Article 12 bis (new)
Article 12a Processing of personal data 1. EUROSUR shall provide for the exchange of personal data with a view to contributing to the security of the external borders of EU Member States. 2. The processing of personal data shall respect the principles of necessity and proportionality. 3. Processing of personal data by the Agency and the national coordination centres shall be limited to personal data obtained during operations for monitoring, detection, identification, tracking, prevention and interception of illegal border crossings regarding persons who are suspected on reasonable grounds of involvement in cross-border criminal activities, in illegal migration activities or in human trafficking activities as defined in Article 1 (1) (a) and (b) of Council Directive 2002/90/EC, or persons who are victims of such activities and whose data may lead to the perpetrators of such illegal activities. 4. The personal data shall be deleted as soon as the purpose for which they have been collected has been achieved. The term of storage shall in any event not exceed three months after the date of the collection of those data. 5. The personal data processed by the Agency and the national coordination centres for the aim referred to in this article shall, within the framework of the cooperation referred to in Article 17, be forwarded to Europol.
2012/09/27
Committee: LIBE
Amendment 255 #

2011/0427(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. The exchange of information and cooperationfficient functioning of EUROSUR shall depend on its ability to cooperate and collaborate with neighbouring third countries oin preventing irregular migration and cross-border crime may take place on the basis ofthe exchange of information. The European Union and/or one or several Member States shall draw up bilateral or multilateral agreements betweenwith one or several Member States and one or several neighbouring third countries concerned. The national coordination centres of the Member States shall be the contact point for the exchange of information between the network referred to in Article 7 and the regional networks with neighbouring third countrof the third countries concerned in order to prevent irregular migration and cross-border criminal activities.
2012/09/27
Committee: LIBE
Amendment 53 #

2011/0365(COD)

Proposal for a regulation
Recital 3 a (new)
(3a) The Internal Security Fund should take special account of Member States which are facing disproportionate burdens from migratory flows due to their geographical location.
2012/09/18
Committee: LIBE
Amendment 140 #

2011/0365(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b
(b) operating equipment, means of transport and communication systems required for effective border control, search and rescue and the detection of persons, such as fixed terminals for VIS, SIS and the European Image Archiving System (FADO), including state-of-the-art technology;
2012/09/18
Committee: LIBE
Amendment 99 #

2011/0340(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b – point 6
(6) enhancing the transparency of consumerthe internal markets and consumer information; , including through access to reliable information allowing consumers to compare not only prices, but also quality and sustainability of goods and services;
2012/05/15
Committee: IMCO
Amendment 100 #

2011/0340(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b – point 7
(7) enhancmpower consumers to make free and informed choices by raising consumer educationawareness;
2012/05/15
Committee: IMCO
Amendment 102 #

2011/0340(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b – point 7 a (new)
(7a) ensure that vulnerable consumers also have access to information on goods and services, in order to have equal opportunities to make free and informed choices;
2012/05/15
Committee: IMCO
Amendment 119 #

2011/0340(COD)

Proposal for a regulation
Annex I – point 6 – point c
(c) actions increasing consumers' access to relevant information on products and marketsgoods and services in the internal market, enabling consumers to compare not only prices but also quality, both online and offline, including cross-border;
2012/05/15
Committee: IMCO
Amendment 120 #

2011/0340(COD)

Proposal for a regulation
Annex I – point 6 – point g a (new)
(ga) development and monitoring of the implementation of a certification label for price comparison websites utilising a harmonised methodology for price comparisons;
2012/05/15
Committee: IMCO
Amendment 121 #

2011/0340(COD)

Proposal for a regulation
Annex I – point 6 – point h
(h) support for communication on consumer issues, including through support to the media to drive consumer empowerment and enforcement.by encouraging the media to take responsibility in providing correct information, raising awareness and empowering consumers;
2012/05/15
Committee: IMCO
Amendment 122 #

2011/0340(COD)

Proposal for a regulation
Annex I – point 6 – point h a (new)
(ha) paying particular attention to information to minors, ensuring responsible advertising by refraining from aggressive or misleading TV and online advertising;
2012/05/15
Committee: IMCO
Amendment 123 #

2011/0340(COD)

Proposal for a regulation
Annex I – point 6 – point h b (new)
(hb) paying particular attention to vulnerable consumers that have difficulties in accessing and comprehending consumer information, in order to ensure that they are not misled;
2012/05/15
Committee: IMCO
Amendment 128 #

2011/0340(COD)

Proposal for a regulation
Annex I – point 11 – introductory part
11. Financial contributions for joint actions with public or non-profit bodies constituting Community networks which provide information and assistance to consumers to help them exercise their rights and obtain access to appropriate dispute resolution, including out of court online resolution schemes (the European Consumer Centres NetwOnline Dispute Resolution platforkm), including
2012/05/15
Committee: IMCO
Amendment 131 #

2011/0340(COD)

Proposal for a regulation
Annex II - Objective 2 – row 1 a (new)
Number of Consumer Pages n/a 500 % Unique visitors on Your Europe increase in 7 Online Portal years (http://europa.eu/ youreurope/citize ns/shopping/inde x_en.htm)
2012/05/15
Committee: IMCO
Amendment 132 #

2011/0340(COD)

Proposal for a regulation
Annex II - objective 3 – table - column 4
Target 5075 % in 7 years 38.5200.000 (+12140 %) in 7 years
2012/05/15
Committee: IMCO
Amendment 32 #

2011/0300(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The Commission shall establish a Union-wide list of projects of common interest. The list shall be reviewed and updated as necessary every two years. The first list shall be adopted by 31 July 2013 at the latest. The Commission shall also take into account the specific characteristics of small island member states to ensure that no EU Member State remains isolated from the European gas and electricity networks after 2015 or see its energy security jeopardised by lack of the appropriate connections, in terms of timely development of projects. The Union-wide list shall also include such projects.
2012/03/28
Committee: ENVI
Amendment 2 #

2011/0167(NLE)

Draft opinion
Paragraph 1 a (new)
1a. Reiterates that Europe needs an international agreement to step up the fight against counterfeit products as these products are causing billions of Euros of damage every year to European companies, thereby also putting European jobs at risk; notes that in addition, counterfeit products often do not fulfil European safety requirements, posing significant health hazards to consumers;
2012/05/21
Committee: LIBE
Amendment 3 #

2011/0167(NLE)

Draft opinion
Paragraph 1 b (new)
1b. Notes that ACTA must fully respect Union law, especially the Charter and the data protection acquis; reiterates that it is important that ACTA is not open to any interpretation that could lead Member States to infringe the Charter when implementing provisions of ACTA and therefore calls on the Commission and Member States to ensure legal clarity in the provisions of ACTA;
2012/05/21
Committee: LIBE
Amendment 22 #

2011/0167(NLE)

Draft opinion
Paragraph 9 a (new)
9a. Notes that concern has especially been raised on those provisions that leave room for flexibility in their implementation, on the basis that these provisions might be implemented in the Union in a manner that could be illegal or contrary to fundamental rights; considers that this is an unsubstantiated assumption which is contrary to the general principles of law and to the letter of ACTA itself as it explicitly requires that the optional or flexible provisions therein be implemented in compliance with fundamental rights and applicable domestic provisions; reiterates however that this does not justify ambiguities contained in ACTA;
2012/05/21
Committee: LIBE
Amendment 23 #

2011/0167(NLE)

Draft opinion
Paragraph 9 b (new)
9b. Notes that despite the ambiguities that remain in ACTA, there is no evidence whatsoever, not even in the European Data Protection Supervisor's opinion on ACTA, that it goes contrary to Union law or that it violates fundamental rights and freedoms in any manner;
2012/05/21
Committee: LIBE
Amendment 30 #

2011/0167(NLE)

Draft opinion
Paragraph 14 a (new)
14a. Emphasises that Internet Service Providers (ISPs) should not police the Internet and therefore calls on the Commission and the Council to ensure legal clarity on the role of ISPs under ACTA;
2012/05/21
Committee: LIBE
Amendment 31 #

2011/0167(NLE)

Draft opinion
Paragraph 14 b (new)
14b. Considers that ACTA only targets large-scale infringement of intellectual property rights (IPRs), allowing for signatory states to exempt non- commercial use from its provisions on criminal enforcement procedures; notes, however, that it is unclear where to draw the line between commercial and non- commercial use; calls therefore on the Commission and on Member States to define the notion of infringement of IPRs on a commercial scale and to add legal clarity as to when Member States could impose criminal enforcement measures on internet users;
2012/05/21
Committee: LIBE
Amendment 34 #

2011/0167(NLE)

Draft opinion
Paragraph 15
15. Considers that when fundamental rights are at stake ambiguity must be avoided and at the least reduced to a minimum; moreover, and without assigning any wrongful intentions ("procès d'intention") to the ACTA implementation measures, takes the view that in the current state of affairs precaution should be exercised as regards ACTA in the light of the serious and remainingthe remaining serious question- marks surrounding the balance reached within the agreement between IPRs and other core fundamental rights and its level of legal certainty. need to be addressed;
2012/05/21
Committee: LIBE
Amendment 37 #

2011/0167(NLE)

Draft opinion
Paragraph 15 a (new)
15a. Calls therefore on the Commission and on Member States to provide solutions for the concerns identified in this opinion, so as to address ambiguities in ACTA and ensure that the strict observance of fundamental rights and freedoms is clearly guaranteed;
2012/05/21
Committee: LIBE
Amendment 44 #

2011/0154(COD)

Draft legislative resolution
Paragraph 1 – point 1a (new)
1a. Approves its statement annexed to this resolution; For information, the text of the statement is: ‘Article 47 of the Charter of Fundamental Rights of the European Union provides that legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice. The Roadmap on procedural rights underlines that the right to legal aid should ensure effective access to the right to legal advice. Having regard to these provisions, considering the need for all the persons to have an effective access to justice and emphasizing the importance of ensuring equal access to justice for all the citizens, The European Parliament calls on the Commission to come up with a proposal on legal aid at the earliest.’
2012/03/22
Committee: LIBE
Amendment 60 #

2011/0154(COD)

Proposal for a directive
Recital 10
(10) To be effective, access to a lawyer should entail the possibility for the lawyer to carry out all the wide range of activities which pertain to legal counselling, as the European Court of Human Rights has held. This should include active participation in any interrogation or hearing, meetings with the client to discuss the case and prepare the defence, the search for exculpatory evidence, support to a distressed client and control of detention conditions;
2012/03/22
Committee: LIBE
Amendment 3 #

2010/2311(INI)

Motion for a resolution
Citation 5 a (new)
- having regard to the Europol EU Terrorism Situation and Trend Report for 2011 (TE-SAT 2011),
2011/05/02
Committee: LIBE
Amendment 20 #

2010/2311(INI)

Motion for a resolution
Recital A a (new)
A a. whereas Member States and EU citizens have been subject to terrorist attacks which have led to significant injury and loss of life; whereas the threat of terrorism within the EU remains considerably high,
2011/05/02
Committee: LIBE
Amendment 32 #

2010/2311(INI)

Motion for a resolution
Recital B a (new)
B a. whereas EU citizens and other persons also want their safety and security guaranteed within the EU and elsewhere and the EU has an important role to play in this regard,
2011/05/02
Committee: LIBE
Amendment 35 #

2010/2311(INI)

Motion for a resolution
Recital C
C. whereas the primary objective of counter-terrorism policies should be to prevent, avoid and combat terrorist activities and spare lives of innocent people; whereas the aim of counter- terrorism policies should be to undermine the objectives of terrorism, which are to destroy the fabric of our free, open and democratic society; whereas the aim of counter-terrorism must be on the long term to protect and strengthen that fabric of democratic society and the effectiveness of counter-terrorism policies must be measured against this aim; whereas in this logic, strengthening civil liberties and democratic scrutiny is not an obstacle to such policies, but their prime objective,
2011/05/02
Committee: LIBE
Amendment 39 #

2010/2311(INI)

Motion for a resolution
Recital C
C. whereas the aim of counter-terrorism policies should be to undermine the objectives of terrorism and the execution of terrorist acts, which are to destroy the fabric of our free, open and democratic society and to identify the parties responsible for perpetrating terrorism; whereas the aim of counter-terrorism must be to protect and strengthen that fabric of democratic society and to guarantee the security of citizens and the effectiveness of counter-terrorism policies must be measured against thisese aims; whereas in this logic, strengthening civil liberties and democratic scrutiny is not an obstacle to such policies, but their prime objective,
2011/05/02
Committee: LIBE
Amendment 86 #

2010/2311(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Considers that counter-terrorism policies should aim first of all at protecting and saving lives,
2011/05/02
Committee: LIBE
Amendment 133 #

2010/2311(INI)

Motion for a resolution
Paragraph 5 – point c
c. include a full overview of the accumulated impact of counter-terrorism measures on civil liberties, taking into consideration their added value in guaranteeing the security of citizens, including Member State policies and measures by third countries with a direct impact in the EU;
2011/05/02
Committee: LIBE
Amendment 145 #

2010/2311(INI)

Motion for a resolution
Paragraph 5 – point e a (new)
e a. identify how counter-terrorism measures can be improved in cases where there are gaps in security which can be abused for the purposes of executing terrorist acts;
2011/05/02
Committee: LIBE
Amendment 203 #

2010/2311(INI)

Motion for a resolution
Paragraph 15
15. Calls on the Commission within its competencies and the Council to open an investigatione into the possible collection of personal data for law enforcement purposes without an adequate legal base or by applying irregular, or even illegal, procedures;
2011/05/02
Committee: LIBE
Amendment 213 #

2010/2311(INI)

Motion for a resolution
Paragraph 17
17. Calls on the European Data Protection Supervisor and the Fundamental Rights Agency according to their mandate to report annually on profiling, data mining and detection and identification techniques used in Europe for counter-terrorism (and possibly other) purposes;
2011/05/02
Committee: LIBE
Amendment 221 #

2010/2311(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to launch proposals for strengthening the protection of civil liberties, transparency and democratic scrutiny in the context of counter-terrorism policies, such as improving access to documents by creating an EU Freedom of Information Act and strengthening the Fundamental Rights Agency, the EDPS and the Article 29 WP;
2011/05/02
Committee: LIBE
Amendment 223 #

2010/2311(INI)

Motion for a resolution
Paragraph 20 a (new)
20 a. while ensuring transparency and democratic scrutiny related to counter- terrorism policies, due consideration must be given to the fact that disclosure of information may put human lives in danger and derail counter-terrorism activities;
2011/05/02
Committee: LIBE
Amendment 1 #

2010/2309(INI)

Motion for a resolution
Citation 4 a (new)
- having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA,
2011/05/31
Committee: LIBE
Amendment 8 #

2010/2309(INI)

Motion for a resolution
Citation 7 a (new)
- having regard to the annual reports of the European Monitoring Centre for Drugs and Drug Addiction on the state of the drugs problem in Europe,
2011/05/31
Committee: LIBE
Amendment 17 #

2010/2309(INI)

Motion for a resolution
Citation 20 a (new)
- having regard to the report from the Commission to the European Parliament and to the Council based on Article 8 of Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime (COM(201)176),
2011/05/31
Committee: LIBE
Amendment 82 #

2010/2309(INI)

Motion for a resolution
Paragraph 3
3. Calls on the Member States to clarify their political will to combat organised crime, first and foremost by strengtheningby comparing – constructively – the legislation and resources designed to support the activities of their judicial authorities and police forces based on the best current experience and by assigning adequate human and financial resources for that purpose;
2011/05/31
Committee: LIBE
Amendment 96 #

2010/2309(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Welcomes the adoption of Directive 2011/36/EU on preventing and combating trafficking in human beings, a phenomenon often related to the activities of organised crime in the form of the exploitation of prostitution and labour, the removal of organs and enslavement;
2011/05/31
Committee: LIBE
Amendment 105 #

2010/2309(INI)

Motion for a resolution
Paragraph 7
7. Is dissatisfied with the extremely limitedWishes to see an ever-increasing impact on the legislative systems of the Member States of Framework Decision 2008/841/JHA on organised crime, which has not made any significantheralding a further improvement to national laws or to operational cooperation to counter organised crime; stresses, therefore, the need to review and strengthen the legislative framework and calls on the Commission to submit, by the end of 20123, a proposal for a directive which contains a less general definition of organised crime and manages better to identify the key features of the phenomenon, with due regard, however, for the different and specific characteristics of the various national legal systems; requests that, as regards the offence of membership of a criminal organisation, whilst showing due respect for different legislative systems, the abolition of the current dual approach (which criminalises both membership and conspiracy) be proposed and a range of habitual offences committed by organised crime be identified, which, regardless of the maximum sentence permitted intypical behaviours which, in the legal system of the Member States, could be deemed to constitute such a criminal offence;
2011/05/31
Committee: LIBE
Amendment 125 #

2010/2309(INI)

Motion for a resolution
Paragraph 10
10. Stresses the importance of providing appropriate protection for the victims of organised crime, witnesses, informers and their families and calls on the Commission to submit, as soon as possible, a legislative proposal on this issue, the subject of which should be not only victims and their families but also witnesses and informers; calls for all types of victim to be treated equally (in particular the victims of organised crime, of duty and of terrorism) and for the protection of court witnesses to be extended over and beyond the duration of the court proceedings; proposes establishing a European fund for the protection of victims and court witnesses; in this connection, welcomes the adoption by some Member States of legislative provisions designed to improve the protection of witnesses and informers in cases related to organised crime, for example through the introduction of remote court hearings, legal appeals against measures to amend or revoke special protection measures for informers, and the exclusion of protection programmes from automatic suspension;
2011/05/31
Committee: LIBE
Amendment 157 #

2010/2309(INI)

Motion for a resolution
Paragraph 15
15. Reiterates its firm support for the implementation of Article 86 of the Treaty on the Functioning of the European Union concerning the establishment of a European Public Prosecutor’s Office and calls on the Commission to arrange, as soon as possible, an impact assessment on the added value of this institution, considering as bethe possibility of extending within its scope boths remit (which covers the protection of the EU’s financial interests and) to include the combating of serious cross-border organised crime, as provided for under Article 86(4) of the Treaty on the Functioning of the European Union; reiterates its request that the Commission immediately launch debates and consultations with the parties concerned, including civil society, on the establishment of the European Public Prosecutor’s Office and make all the necessary arrangements to set up the appropriate institutional infrastructure, giving Eurojust full powers and consolidating, clarifying and simplifying its relations with key players such as the European Judicial Network, OLAF and Europol and with individual national judicial and administrative institutions;
2011/05/31
Committee: LIBE
Amendment 173 #

2010/2309(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Is in favour of closer cooperation between Member States on recognition and proper execution of seizure and confiscation orders, which are effective means of combating organised crime and attacking the assets generated by such crime;
2011/05/31
Committee: LIBE
Amendment 198 #

2010/2309(INI)

Motion for a resolution
Paragraph 21
21. Calls for, with all due respect for fundamental rights, stricter sentencethe introduction of an appropriate system of penalties and suitable detention provisions for offences relating to organised crime and harsher prison conditions, both to discourage the commission of offences and to prevent prisoners from continuing to lead organisations during their sentences or from helping them to achieve their aims by committing further crimes; looks favourably, therefore, on the legal provisions establishing harsher penalties for the offence of mafia association that some Member States introduced very recently;
2011/05/31
Committee: LIBE
Amendment 225 #

2010/2309(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Stresses that organised crime uses communication and information technologies for illegal purposes, to commit offences involving identity theft, cybercrime, illegal gambling and rigged sports events; calls, in this connection, for the development of a coherent European legislative framework;
2011/05/31
Committee: LIBE
Amendment 229 #

2010/2309(INI)

Motion for a resolution
Paragraph 26
26. Calls on the Commission carefully to monitor the transposition by the Member States of the EU directive on the protection of the environment through criminal law, to ensure that it is done promptly and effectively; requests that clarification be given by the EU institutions, to avoid problems of interpretation in the courts of the Member States, as to the civil liability of legal persons provided for in Directive 2008/99/EC; calls on the Commission to submit a proposal to extend to the EU Italy’s positive experience with the offence of ‘organised illegal waste trafficking’, as provided for in Article 260 of Legislative Decree 152/06calls on the Commission to submit a proposal to extend to the EU Italy’s positive experience with the offence of ‘organised illegal waste trafficking’, as provided for in Article 260 of Legislative Decree 152/06, bearing in mind that, in order to afford increased protection, under Article 11 of the recently enacted Act No 136/2011 such trafficking is now classed as an offence with a major social impact (and thus dealt with by the District Anti-Mafia Bureau);
2011/05/31
Committee: LIBE
Amendment 237 #

2010/2309(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Urges the Member States and the EU institutions to give due consideration to the fact that organised crime is continuing to further its own activities and interests, including by means of drug trafficking, and endeavouring to extend the global market in illegal drugs to new markets and new substances;
2011/05/31
Committee: LIBE
Amendment 124 #

2010/2289(INI)

Motion for a resolution
Paragraph 28
28. Asks the Commission to set a benchmark of 12 months for the maximum averatarget time taken to process infringements, from opening the file to sending the application to the Court of Justice;
2011/02/15
Committee: IMCO
Amendment 28 #

2010/2278(INI)

Motion for a resolution
Recital E
E. whereas the Single Market allows Europeans more choice, especially for those who live in less accessible areas, such as island, mountain and sparsely populated regions, and those who suffer from reduced mobility,
2011/02/10
Committee: IMCO
Amendment 29 #

2010/2278(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas printed and online material published by the Commission is often either too abstract or too complex to truly engage citizens and truly reach a wide audience,
2011/02/10
Committee: IMCO
Amendment 123 #

2010/2278(INI)

Motion for a resolution
Paragraph 8
8. Calls upon the Member States and the Commission to promote better communication with citizens to ensure their EU rights are widely understood and enforced; acknowledges in this respect the need for better communications strategies that truly interest and engage the majority of citizens;
2011/02/10
Committee: IMCO
Amendment 166 #

2010/2278(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Calls on the Commission to consider establishing a ‘Single Market Platform’ that would provide citizens with a single one-stop-shop where they can obtain information and advice relating to all the freedoms of the Single Market; Considers that such an initiative would bring European Citizens closer to the Single Market if it is designed in a way that is at once user-friendly, comprehensive, and visible to citizens;
2011/02/10
Committee: IMCO
Amendment 24 #

2010/2277(INI)

Motion for a resolution
Recital L
L. whereas differences in fiscal provisions, such as corporate taxation and reporting obligations for VAT, may result in significant obstacles to cross- border transactions; whereas these barriers can be removed without harmonizing tax rates,
2011/02/10
Committee: IMCO
Amendment 146 #

2010/2277(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Supports the Commission's measures aimed at reducing the administrative burden on SMEs;
2011/02/10
Committee: IMCO
Amendment 166 #

2010/2277(INI)

Motion for a resolution
Paragraph 15
15. Stresses that a common consolidated corporate tax base would increase the transparency and comparability of corporate tax rates, thus reducing th and may reduce obstacles to cross-border activities;
2011/02/10
Committee: IMCO
Amendment 178 #

2010/2277(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Supports the Commission's proposal to develop effective dispute resolution mechanisms but calls on the Commission to focus also on the prevention of disputes such as through stronger measures that prevent unfair commercial practices;
2011/02/10
Committee: IMCO
Amendment 184 #

2010/2277(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Supports the Commission in its intension to review the Misleading and Comparative Advertising Directive and calls on the Commission to insert specific provisions relating to widespread fraudulent practices, such as in the case of Misleading Business Directories;
2011/02/10
Committee: IMCO
Amendment 49 #

2010/2269(INI)

Draft opinion
Paragraph 5 a (new)
5a. Is convinced of the importance of bilateral agreements between the European Union and third countries to step up cooperation in the Area of Freedom, Security and Justice and optimise the management of migratory movements;
2011/02/03
Committee: LIBE
Amendment 5 #

2010/2206(INI)

Draft opinion
Recital C a (new)
C a. Whereas Europe's tourism must continue to target internal tourism as well as tourism of third country nationals;
2011/01/27
Committee: IMCO
Amendment 8 #

2010/2206(INI)

Draft opinion
Recital C b (new)
C b. Whereas a strong internal market is essential towards a truly European tourism industry;
2011/01/27
Committee: IMCO
Amendment 31 #

2010/2206(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Calls on the Commission to maximize the dissemination of its own tourism initiatives by making full use of all the disposable media and to find innovative ways of making such initiatives self- financing;
2011/01/27
Committee: IMCO
Amendment 32 #

2010/2206(INI)

Draft opinion
Paragraph 3 b (new)
3 b. Encourages the Commission to work more closely with private enterprise through public-private partnerships when spearheading tourism initiatives; recognizes that intelligent involvement of the private sector in such initiatives will lead towards more efficiency as well as self-sustainability of the initiatives;
2011/01/27
Committee: IMCO
Amendment 33 #

2010/2206(INI)

Draft opinion
Paragraph 3 c (new)
3 c. Approves of the Commission's determination to integrate the objectives of tourism policy into its various other policies which have a direct or an indirect impact on the tourism sector;
2011/01/27
Committee: IMCO
Amendment 34 #

2010/2206(INI)

Draft opinion
Paragraph 3 d (new)
3 d. Notes the importance of tourism as a source of income for the economies of islands, mountain and sparsely populated regions; calls on the Commission to devise targeted measures to support the tourist industry in regions which suffer from severe and permanent natural or demographic handicaps, such as island, mountain and sparsely populated regions;
2011/01/27
Committee: IMCO
Amendment 35 #

2010/2206(INI)

Draft opinion
Paragraph 3 e (new)
3 e. Calls on the Commission to support less accessible tourist destinations such as islands and mountainous regions and to adopt a special focus towards maritime tourism, islands tourism and mountain tourism in its initiatives;
2011/01/27
Committee: IMCO
Amendment 50 #

2010/2206(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Calls on the Commission to devise and promote intelligent ways of combining private and public funding to sustain Europe's cultural heritage such as through promoting best practice models;
2011/01/27
Committee: IMCO
Amendment 56 #

2010/2206(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Calls on the Member States to work more closely with the Commission to find new and better ways of developing and promoting European Tours;
2011/01/27
Committee: IMCO
Amendment 32 #

2010/2154(INI)

Draft opinion
Paragraph 4
4. Calls for every body scanner to meet a minimum set of technical requirements before it can be placed on a permissible screening methods list; these requirements should inter alia ensure the prevention of any possible health risk, including long- term risks; calls in this regard for any form offull x-ray technology to be explicitly excluded from the permissible screening methods list, when it does not meet existing EU health standards; in this regard, particular attention should be given to vulnerable people;
2011/03/25
Committee: LIBE
Amendment 47 #

2010/2154(INI)

Draft opinion
Paragraph 6
6. Stresses that every personassenger should have the right to refuse a body scan, without the obligation to give any explanation, and the right to request a standard security check; in case of refusal, the person concerned should undergo a standard security check, that should guarantee the same level of security, with full respect for the rights and dignity of that person; calls in this regard for all security personnel to receive proper, and extensive training;
2011/03/25
Committee: LIBE
Amendment 56 #

2010/2154(INI)

Draft opinion
Paragraph 7
7. Stresses that refusal to undergo a body scan should not constitute ipso facto any suspicion of the person concerned and that, in the procedure before being submitted to a body scan or related to the refusal of a body scan, any form of profilingdiscrimination based on, for example, sex, race, colour, ethnicity, genetic features, language, religion or belief is unacceptableshould be prohibited;
2011/03/25
Committee: LIBE
Amendment 62 #

2010/2154(INI)

Draft opinion
Paragraph 8
8. Calls for peopleassengers who are willing to be submitted to a body scan to be properly and comprehensibly informed about the body scanner, including their right to refuse to be submitted to a body scan and their right to complain and seek redress in case of perceived irregularities related to the body scan or their refusal to be submitted to it and the subsequent standard security check; stresses that information to the traveller about the body scan should be provided not only at the time of the booking by the airline or on the airport website but also at the screening point;
2011/03/25
Committee: LIBE
Amendment 75 #

2010/2154(INI)

Draft opinion
Paragraph 9
9. Stresses that any proposal to allow the deployment and use of body scanners as a permissible screening method should be extensively justified in an impact assessment covering inter alia the fundamental rights aspect of body scanners and the possible health risks, taking into account the opinions of the European Union, international and national human rights and data protection authorities, such as the EDPS, the FRA and the UN Special Rapporteur on the Protection of Human Rights while Countering Terrorism; considers that such a proposal should also foresee a long term monitoring and evaluation on body scanners, taking into account the development of new technologies;
2011/03/25
Committee: LIBE
Amendment 80 #

2010/2154(INI)

Draft opinion
Paragraph 9 b (new)
9b. Calls on the Commission and Member States to raise the issue of the use of body scanners in the appropriate international bodies, as fight against terrorism is a global challenge and aviation security has to be pursued beyond European borders;
2011/03/25
Committee: LIBE
Amendment 13 #

2010/2152(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission and Council to promote international standardisation and the removal of non-tariff barriers to trade, and to further engage with major trading partners, particularly with China, on consumer product safety, sanitary norms and production conditions, in particular concerning exploitation of women and children, and with Japan, paying special attention to removing non- tariff barriers;
2011/03/24
Committee: IMCO
Amendment 14 #

2010/2152(INI)

Draft opinion
Paragraph 3 – subparagraph 1 (new)
Believes that trade policy is one of the main tools at the EU's disposal to support the recent developments towards reform and democratisation in North Africa and the Mediterranean region, and, in this light, considers that the EU should further improve the openness of its market, starting with Egypt and Tunisia;
2011/03/24
Committee: IMCO
Amendment 15 #

2010/2152(INI)

Draft opinion
Paragraph 3 – subparagraph 2 (new)
Takes the view that the EU should at the same time consider engaging in a dialogue to encourage these countries to strengthen their regional trade relations, with the ultimate goal of establishing a customs union among themselves;
2011/03/24
Committee: IMCO
Amendment 1 #

2010/2080(INI)

Draft opinion
Paragraph 1
1. Underlines that the correct functioning of the single market supports the European Area of Freedom, Security and Justice and contributes to strengthening the European model of social market economy; also acknowledges that the establishment of a European Area of Freedom, Security and Justice will strengthen the single market and in particular consumer protection;
2010/07/20
Committee: IMCO
Amendment 4 #

2010/2080(INI)

Draft opinion
Paragraph 3
3. Stresses that Article 12 of the Treaty on the Functioning of the European Union reaffirms – as a provision of general application – that consumer protection should be taken into account in defining and implementing other Union policies and activities; emphasises the importance of the proposed new Consumer Rights Directive as well as the upcoming modernisation of the Directive on package travel, the Unfair Commercial Practices Directive and the Directive concerning misleading and comparative advertising;
2010/07/20
Committee: IMCO
Amendment 5 #

2010/2080(INI)

Draft opinion
Paragraph 3 a (new)
3a. Observes that the Commission will seek further remedies to remove obstacles to free movement such as through the citizenship report; highlights the fundamental importance of removing impediments to free movement within the Single Market; notes how unimpeded freedom of movement empowers citizens and exposes them to a wider array of employment opportunities;
2010/07/20
Committee: IMCO
Amendment 10 #

2010/2080(INI)

Draft opinion
Paragraph 5
5. Underlines the need to quickly achieve greater legal securicertainty and clarity in contractual relations and access to adequate, affordable and effective systems of redress including alternative dispute resolution mechanisms;
2010/07/20
Committee: IMCO
Amendment 12 #

2010/2080(INI)

Draft opinion
Paragraph 5 a (new)
5a. Emphasises the importance of cross- border justice in resolving cases of fraud and misleading business practices which originate in one Member State and target individuals, NGOs and SMEs in other Member States;
2010/07/20
Committee: IMCO
Amendment 13 #

2010/2080(INI)

Draft opinion
Paragraph 5 b (new)
5b. Strongly supports the Commission in its goal to enact legislation that reduces business and transaction costs, particularly for SMEs;
2010/07/20
Committee: IMCO
Amendment 15 #

2010/2080(INI)

Draft opinion
Paragraph 6
6. Encourages any initiative to support SMEs operating across borders throughout the EU by cutting red-tape to achieve a tangible reduction in administrative, financial and regulatory burdens; welcomes the upcoming revision of the Late Payments Directive;
2010/07/20
Committee: IMCO
Amendment 17 #

2010/2080(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to ensure the removal of all barriers to the development of e-commerce through both legislative and non-legislative means; urges a quick solution to cross-border trade problems for online consumer purchases, particularly with respect to payments and cross-border deliveries; stresses the need to increase the confidence of consumers and business in cross-border e-commerce.
2010/07/20
Committee: IMCO
Amendment 44 #

2010/2052(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Reminds that the scope of the UCPD is limited to B2C relations while the MCAD deals with B2B relations; underlines that certain entities do not fall in the scope either of the UCPD nor the MCAD, such as NGOs or interest groups; therefore calls on the Commission to conduct a separate analysis on the impact of misleading advertising practices targeting those categories apparently not covered by either Directive; calls on the Member States to improve coordination between themselves and to provide adequate solutions for those categories that have been subjected to intra-EU cross-border misleading advertising practices;
2010/10/21
Committee: IMCO
Amendment 91 #

2010/2002(BUD)

Motion for a resolution
Paragraph 36 a new
36a. Points to the need for better-funded action to improve conditions for prisoners, in particular in jails known to be overcrowded, not least because there are convicts from third countries, as stated in Parliament's resolution of 25 November 2009 on the Stockholm Programme; points to the need for priorities to include the appropriate social inclusion measures, with schemes for reintegration into society, as provided for in that programme;
2010/05/12
Committee: BUDG
Amendment 94 #

2010/2002(BUD)

Motion for a resolution
Paragraph 36 b new
36b. Considers that anti-drugs action should be stepped up - with suitable funding - through prevention and rehabilitation, without prejudice, where necessary, to measures to lessen the harm caused;
2010/05/12
Committee: BUDG
Amendment 102 #

2010/2002(BUD)

Motion for a resolution
Paragraph 38
38.Acknowledges that the proposed decrease of appropriations foreseen for FRONTEX in 2011 despite its growing tasks stems from an updated evaluation of its unused appropriations and annual surpluse Reaffirms the political priority that it has always attributed to FRONTEX and the need to ensure that this agency has sufficient financial resources to be able to perform its mandate; notes that the imminent review of the mandate of the agency will include decisions, such as on the ability of the agency to purchase or hire its own assets and equipment, which will imply significant financial considerations;
2010/05/12
Committee: BUDG
Amendment 103 #

2010/2002(BUD)

Motion for a resolution
Paragraph 38 a new
38a. Calls for an urgent review of the funds of the 'Solidarity and Management of Migration Flows' General Programme in order to assess their level of implementation and whether their objectives should be reviewed in the light of experience and best practices;
2010/05/12
Committee: BUDG
Amendment 104 #

2010/2002(BUD)

Motion for a resolution
Paragraph 38 b new
38b. Welcomes the adoption of the regulation on the establishment of a European Asylum Support Office (EASO) and calls on the Commission to ensure that the EASO commences its operations in good time before 2011 and that enough financial resources are made available for the office to commence its mandate;
2010/05/12
Committee: BUDG
Amendment 6 #

2010/2001(BUD)

Draft opinion
Paragraph 2
2. Insists that the agencies of the Area of Freedom, Security and Justice must have appropriate funding enabling them to carry out their activities, especially those having new tasks; in this regard, calls on the Commission to ensure that the European Asylum Support Office commences its operations in good time before 2011 and that sufficient financial resources are made available for the Office to start to perform its mandate;
2010/08/27
Committee: LIBE
Amendment 9 #

2010/2001(BUD)

Draft opinion
Paragraph 2 a (new)
2a. Considers that the imminent review of the mandate of the Frontex agency will include decisions which in due course will involve significant financial considerations, such as those concerning the ability of the agency to purchase or hire its own assets and equipment, and as a result emphasises the need to ensure that the agency has sufficient financial resources to be able to perform its mandate;
2010/08/27
Committee: LIBE
Amendment 50 #

2010/0821(NLE)

Motion for a resolution
Paragraph 5 a (new)
5a. Stresses that the European stability mechanism, and the strict conditionality incorporated therein, involves all Member States whose currency is the euro, even the small ones whose economy may be seen as not "indispensable" for the purposes of safeguarding the euro area as a whole;
2011/03/03
Committee: AFCO
Amendment 96 #

2010/0802(COD)

Draft directive
Recital 4 a (new)
(4a) In order to establish the causes of violence and enhance the protection of victims, it is necessary to have statistics and comparable data on violence at Union level. To this effect Member States should collect data related to the number of European protection orders requested, issued and enforced, data related to breaches of the protection measures adopted, as well as information on the types of crimes, for example domestic violence, forced marriages, female genital mutilation, honour-related violence, abuse of the elderly, stalking and harassment and other forms of gender- based violence. In addition, data on victims of terrorism and of organised crime should be included in the data collection and all data should be differentiated by gender and forwarded every year to the Commission and to the European Parliament.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 99 #

2010/0802(COD)

Draft directive
Recital 6 a (new)
(6a) This Directive should not be solely restricted to victims of gender violence but should also apply to all types of victims from the acts or behaviour of another person which may, in whatever way, endanger the victim's life, integrity, dignity or personal liberty. The measures undertaken in this Directive should also aim at preventing any form of harassment, abduction, stalking and any form of indirect coercion. They should also seek to prevent the commission of any new criminal acts and reduce the consequences and effects of any previous ones.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 102 #

2010/0802(COD)

Draft directive
Recital 6 b (new)
(6b) Member States should also facilitate the issuance of a European protection order to protect the family members, living together with the victim, who already has a European protection order.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 105 #

2010/0802(COD)

Draft directive
Recital 8
(8) This Directive should be applied and enforced in such a way that the protected person receives the same or equivalent protection in the executing State as he would have received if the protection measure had been issued in that State ab initio, thus avoiding any discrimination. Member States should take the necessary measures in order to ensure that no financial costs are imposed on the protected person when he or she requests the issuing of a European protection order.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 107 #

2010/0802(COD)

Draft directive
Recital 8 a (new)
(8a) Taking into consideration the different judicial systems in the Member States, it seems appropriate to provide a high degree of flexibility in the cooperation mechanism between the Member States under this Directive. Following receipt of a European protection order, the executing State, while under a general obligation to act, should be allowed to give effect to this order in the way which is most appropriate in the light of its own legal system.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 110 #

2010/0802(COD)

Draft directive
Recital 8 b (new)
(8b) When implementing this Directive, Member States should consider putting in place procedures allowing for the protected person and the person causing danger to be heard, if needed, before recognising and enforcing a European protection order, as well as legal remedies against decisions to recognise and enforce a European protection order.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 115 #

2010/0802(COD)

Draft directive
Recital 10 a (new)
(10a) Member States should pay particular attention to cases where children are concerned and should take the necessary measures in order to ensure that they will be provided with assistance, support and protection, in cooperation with the appropriate national child protection associations taking into account the best interests of the child.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 116 #

2010/0802(COD)

Draft directive
Recital 10 b (new)
(10b) Member States should pay particular attention to cases where mentally and physically disabled persons are concerned and should take in account the necessary assistance, medical and psychological help as provided by the Member States.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 117 #

2010/0802(COD)

Draft directive
Recital 10 c (new)
(10c) As terrorist acts are usually perpetrated on an international scale by unidentified aggressors, easily attract media attention and instil a common fear in society, Member States should pay particular attention to victims of terrorism.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 119 #

2010/0802(COD)

Draft directive
Article - 1 new
Article -1 Objective This Directive sets out rules allowing a judicial or equivalent authority in a Member State, in which a protection measure has been issued for the purposes of protecting a person against a criminal act and from offensive or threatening behaviour of another person which may endanger his life, integrity, dignity, and personal liberty, to issue a European protection order enabling a competent authority in another Member State to continue the protection of the person concerned in its territory.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 129 #

2010/0802(COD)

Draft directive
Article 1 – paragraph 2
2) “Protection measure” means a decision adopted by a competent authority of a Member State imposing on a person causing dangerin the issuing State in accordance with its national law and procedures by which one or more of the obligations or prohibitions, referred to in Article 2(2), provided that the infringement of such obligations or prohibitions constitutes a criminal offence under the law of the Member State concerned or may otherwise be punishable by a deprivation of liberty in that Member Stateare imposed on a person or persons causing or likely to cause danger, for the benefit of a protected person with a view to protecting the latter against an act which may endanger his life, physical or psychological integrity and dignity, personal liberty or sexual integrity.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 136 #

2010/0802(COD)

Draft directive
Article 2 – paragraph 2 – point a
(a) an obligation not to enter certain prohibition from entering the localities, places or defined areas where the protected person resides or that he, works or visits;
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 158 #

2010/0802(COD)

Draft directive
Article 5 – paragraph 3
3. The authority which adopts a protection measure containing one or more of the obligations referred to in Article 2(2) shall inform the protected person about the possibility of requesting a European protection order when he intends to move to another Member State. The authority shall advise the protected person to submit the application before leaving the territory of the issuing State. or his or her legal representative, guardian or tutor in any appropriate way in accordance with procedures under its national law about the possibility of requesting a European protection order when he or she decides to reside or already resides in another Member State or he or she decides to stay or already stays on the territory of another Member State. The authority shall advise the protected person to submit the application before leaving the territory of the issuing State, while informing the protected person about the possibility of requesting the issuance of the European protection order in the executing State. Victims shall have the opportunity to request to be physically accompanied by a social worker during the issuing of the European protection order, if needed.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 169 #

2010/0802(COD)

Draft directive
Article 6 - point i a (new)
(ia) both the issuing state and executing state, where appropriate, with full respect for freedom of expression, shall encourage the media and journalists to adopt self -regulatory measures to ensure the protection of the private and family life of victims in the framework of information activities.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 173 #

2010/0802(COD)

Draft directive
Article 7 - Paragraph 1a (new)
(1a) Necessary measures, such as the possibility of requesting information in the executing state in the language spoken by the victim, need to be taken into account in order to reduce communication difficulties with the victim as regards the understanding of the protection measures by the victim,
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 191 #

2010/0802(COD)

Draft directive
Article 8 a (new)
Article 8a Prevention, information campaigns and training 1. Member States shall take appropriate measures to prevent violence against persons 2. Member States shall take appropriate actions such as information and awareness raising campaigns, research and education programmes, including preventive and warning measures towards the person causing danger, where appropriate in cooperation with civil society organisations, aimed at raising awareness about the existence of the possibility of issuing the European protection order and reducing the risk of people becoming victims of violence. 3. Member States shall promote regular training for the judicial authorities and other competent authorities likely to come into contact with victims and potential victims, aimed at enabling them to offer adequate assistance.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 192 #

2010/0802(COD)

Draft directive
Article 8 a (new)
Article 8a Prevention, information campaigns and training 1. Member States shall take appropriate actions such as information and awareness-raising campaigns, research and education programmes, where appropriate in cooperation with civil society organisations, aimed at raising awareness about the existence of the possibility of issuing the European protection order and reducing the risk of people becoming victims of violence. 2. Member States shall promote regular training for members of the judiciary and other competent authorities likely to come into contact with victims, aimed at enabling them to offer adequate assistance.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 203 #

2010/0802(COD)

Draft directive
Article 9 a (new)
Article 9a Request for review The victim whose request for a European protection order has been denied, shall have the possibility to ask for a review.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 206 #

2010/0802(COD)

Draft directive
Article 10 – paragraph 1 a (new)
(1a) If the victim leaves the executing state and returns to the issuing State, the issuing State shall continue to provide the victim with the protection measures that were initially imposed by that State.
2010/07/19
Committee: LIBEFEMMLIBEFEMM
Amendment 39 #

2010/0373(COD)

Proposal for a regulation
Recital 12
(12) It is appropriate to set dateadlines by whenich all credit transfers and direct debit transactions should comply with those technical requirements, while leaving the market open for further development and innovation. Payment service providers and payment service users should be provided with sufficient time to adapt to the technical requirements but the time- period must not unnecessarily delay the benefits to consumers or penalise the efforts of proactive operators that have already moved towards SEPA payments systems. For national payment transactions the payment service providers should provide their retail customers with the necessary services in order to ensure a smooth and secure conversion to the technical requirements laid down in this Regulation.
2011/06/07
Committee: IMCO
Amendment 41 #

2010/0373(COD)

Proposal for a regulation
Recital 13
(13) SeparatA single migration dates should be set in order to take into account the differences between credit transfers and direct debits. Union-wide credit transfers and direct debits do not have the same level of maturity, since a direct debit is a more complex instrument than a credit transfer and, consequently, migration to Union-wide direct debits requires significantly more resources than migration to Union-wide credit transffor Union-wide credit transfers and direct debits in order to allow a concerted transition process in the interests of clarity and simplicity for consumers.
2011/06/07
Committee: IMCO
Amendment 54 #

2010/0373(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) consumers shall not be charged any amounts relating to R-transactions other than those costs for which the consumer is directly responsible
2011/06/07
Committee: IMCO
Amendment 56 #

2010/0373(COD)

Proposal for a regulation
Article 8 a (new)
Article 8a Information requirements 1. Member States shall require banks to provide clear information on the benefits of the system to consumers and on this basis shall encourage banks to migrate early from BBAN to IBAN. 2. Banks shall provide clear and understandable information to consumers on R-transaction fees in the interests of transparency and consumer protection.
2011/06/07
Committee: IMCO
Amendment 65 #

2010/0074(COD)

Proposal for a regulation
Recital 3
(3) These procedures and conditions should be clear, simple, user-friendly and proportionate to the nature of the citizens' initiative, so as to encourage participation by citizens and to make the Union more accessible. They should strike a judicious balance between rights and obligations.
2010/11/17
Committee: PETI
Amendment 66 #

2010/0074(COD)

Proposal for a regulation
Recital 3 a (new)
(3a) It is important that information campaigns concerning citizens' initiatives be organised, in order to raise citizens' awareness and to provide accurate information on this new instrument. The Commission and the European Parliament, via their respective representations and offices in the Member States, should upon request provide citizens with information and informal advice about citizens' initiatives, notably as regards the registration criteria, the values and competencies of the Union and the European Treaties. A user's guide to the citizens' initiatives should be prepared in every official language of the Union and should be available online.
2010/11/17
Committee: PETI
Amendment 73 #

2010/0074(COD)

Proposal for a regulation
Recital 12a (new)
(12a) It is crucial that transparency be maintained throughout the whole process. Therefore, any financial or political support received should be indicated in the statement of support form relating to each citizens' initiative. Funding by political parties and European political groups should not be permitted.
2010/11/17
Committee: PETI
Amendment 75 #

2010/0074(COD)

Proposal for a regulation
Recital 17
(17) The Commission should examine a citizens' initiative and set out its conclusions and the actions it envisages to take in response to it, within a period ofrespond to it in a clear, comprehensible and detailed manner and within a time frame corresponding to its handling of legislative initiatives of the European Parliament under Article 225 of the Treaty on the Functioning of the European Union. Thus, as a first step, the Commission should after three months inform the organisers of a successful initiative how it intends to act on the initiative. As a second step, citizens should have the assurance that a successful citizens' initiative will be the subject of an official public hearing at European Union level. The Commission, as the addressee of an initiative, should ensure that such a hearing takes place and that it will be represented at an appropriate level. The European Parliament, through its committee responsible, should always be invited to participate in the organising of such hearings. The Petitions Committee of the European Parliament should, in view of its long experience in dealing with citizens' petitions, be a privileged contact in this matter. As a third step, the Commission should come forward with its final response to the initiative after one year, either by proposing legislation accordingly or by explaining in a detailed manner its reasons four monthsnot acting on the initiative. The Commission should also give a thorough explanation in the event that the legislative proposal diverges significantly from the citizens' initiative.
2010/11/17
Committee: PETI
Amendment 83 #

2010/0074(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Prior to initiating the collection of statements of support from signatories for a proposed citizens' initiative, the organisers shall be required to register it with the Commission, providing the information set out in Annex II, in particular on the subject-matter and objectives as well as on the sources of funding and support for the proposed citizens' initiative. of the proposed citizens' initiative. The organisers shall provide, for the register defined in the third subparagraph and where appropriate on their website, regularly updated information on all sources of support and funding for the initiative. Funding by political parties and European political groups shall not be permitted. This information shall be provided in one of thr more official languages of the Union, in an online register made available for that purpose by the Commission (hereafter "the register"). Information in an official language other the language(s) in which it was originally provided may be provided subsequently for entry in the register. The translation of the initiative into other official languages of the Union shall be the responsibility of the organisers.
2010/11/17
Committee: PETI
Amendment 90 #

2010/0074(COD)

Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1 a (new)
At the end of that period, the register shall indicate that the period has expired and, where appropriate, that the Commission has ascertained that the necessary statements of support have not been submitted.
2010/11/17
Committee: PETI
Amendment 92 #

2010/0074(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. Prior to initiating the collection of statements of support from signatories, the organisers shall ensure that the online collection system used for that purpose complies with the provisions of paragraph 4. The organisers may, at any time, ask the relevant competent authority of the Member State in which the data collected is or will be stored, to certify that the online collection system complies with those provisions. The organisers shall, in any case, request that certification prior to submitting statements of support for verification in accordance with Article 9initiating the collection of statements of support. The organisers shall make a copy of the certificate issued in that regard publicly available on the website used for the online collection system. Within six months following the entry into force of this Regulation, the Commission shall make available an open-source software incorporating some of the technical and security features necessary for compliance with the provisions of this Regulation regarding the online collection systems. The software shall be freely made available to organisers. The Commission shall inform the European Parliament of the state of progress in the creation of the open- source software by no later than three months after the entry into force of this Regulation.
2010/11/17
Committee: PETI
Amendment 98 #

2010/0074(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Signatories shall be considered as coming from the Member State which issued the identification document indicated in theiere they have their permanent residence. A signatory who is not a national of the Member State in which he or she permanently resides may choose to be considered as coming either from the Member State in which he or she permanently resides or from the Member State of which he or she is a national. A signatory permanently resident in a third country shall be considered as coming from the Member sStatement of support of which he or she is a national.
2010/11/17
Committee: PETI
Amendment 99 #

2010/0074(COD)

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
The organiser shall submit statements of support to the Member State that issued the identification document indicated thereinwhere the signatories have their permanent residence. A signatory who is not a national of the Member State in which he or she permanently resides may choose to be considered as coming either from the Member State in which he or she permanently resides or from the Member State of which he or she is a national. In cases where signatories have their permanent residence in a third country, the organiser shall submit statements of support to the Member State of which they are nationals.
2010/11/17
Committee: PETI
Amendment 101 #

2010/0074(COD)

Proposal for a regulation
Article 10 – paragraph 1
After having obtained the certificates provided for in Article 9(2), and provided that all relevant procedures and conditions set out in this Regulation have been complied with, the organisers may submit the citizens’ initiative to the Commission. When doing so, the organisers shall provide the Commission with precise and detailed information concerning all the sources of support and funding received for the citizens' initiative. Funding by political parties and European political groups shall not be permitted.
2010/11/17
Committee: PETI
Amendment 104 #

2010/0074(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Where the Commission receives a citizens’ initiative in accordance with Article 10 it shall: a. publish the citizens' initiative without delay on its website; b. examine the citizens' initiative and, within 4three months, set out in a communication its initial conclusions on the initiative, the action it intends to take, if any, and its reasons for doing so; ba. organise a public hearing, if appropriate jointly with the European Parliament, notably its Petitions Committee, at which the organisers shall have the opportunity to explain in detail the matters raised by the initiative; bb. present a legislative proposal within one year or include that proposal in its next year's Work Programme. If the Commission does not present such a proposal it shall give the organisers as well as the European Parliament and the Council detailed explanations of its reasons for not acting on the initiative.
2010/11/17
Committee: PETI
Amendment 107 #

2010/0074(COD)

Proposal for a regulation
Article 15
The Commission may adopt, by means of delegated acts in accordance with Articles 16, 17 and 18,: – technical specifications for online collection systems pursuant to Article 6(5); – amendments to the Annexes tof this Regulation.
2010/11/17
Committee: PETI
Amendment 109 #

2010/0074(COD)

Proposal for a regulation
Article 21
FivThree years after the entry into force of this Regulation, and every three years thereafter, the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation, with special emphasis on online collection systems and the application of transparency requirements concerning support and funding of initiatives, together, if appropriate, with a legislative proposal for amendment of this Regulation.
2010/11/17
Committee: PETI
Amendment 114 #

2010/0074(COD)

Proposal for a regulation
Annex III – box 2 – point 5 a (new)
5a. all sources of support and funding received in respect of the proposed citizens' initiative.
2010/11/17
Committee: PETI
Amendment 63 #

2010/0064(COD)

Proposal for a directive
Recital 10
(10) Measures to protect child victims and measures to adapt the justice system dealing with them should be adopted in their best interest, taking into account an assessment of their needs. Child victims should have easy access to legal remedies, including free legal counselling and representation and measures to address conflicts of interest where abuse occurs in the family and of their right to be protected against the risk of repeated victimisation, especially through violation of their privacy, and giving their opinions and views due weight, as envisaged, for example, in the UN Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime and in the Guidelines of the Committee of Ministers of the Council of Europe on child friendly justice. Child victims should have easy access to legal remedies, including free legal counselling and representation and measures to address conflicts of interest where abuse occurs in the family. In that regard, child victims, and their parents if not implicated in the alleged abuse, should be fully informed about their rights, the services at their disposal, the progress and outcome of the proceedings, and legal counselling and representation should also be provided for claiming compensation. Furthermore, provisions should be made for non-implicated parents or guardians to receive adequate help and training in order to assist their child throughout the proceedings and the recovery period. Moreover, child victims should be protected from sanctions, for example under national legislation on immigration or prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma as a result of interviews or visual contact with offenders.
2011/01/19
Committee: LIBE
Amendment 107 #

2010/0064(COD)

Proposal for a directive
Article 3 – paragraph 2
2. Causing, for sexual purposes, a child who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least twohree years.
2011/01/19
Committee: LIBE
Amendment 210 #

2010/0064(COD)

Proposal for a directive
Article 8 – paragraph 1
TAt the discretion of the courts on a case by case basis and in accordance with national provisions for the implementation of the law concerning the age of sexual consent, the provisions of Article 3 (2), with regard to witnessing sexual activities, and (3);, Article 4 (2) and (4) and Article 5 do not governmay be waived for consensual sexual activities between children or involving persons who are close in age and degree of psychological and physical development or maturity, insofar as the acts did not involve any abuse, including that defined in Article 3(4) and (5).
2011/01/19
Committee: LIBE
Amendment 261 #

2010/0064(COD)

Proposal for a directive
Article 17 – paragraph 1
1. Victims of the offences referred to in Articles 3 to 7 shall be provided assistance, support and protection, taking into account the best interests of the child. Assistance and training should be extended to the parents or guardians of the child, in case they are not implicated as suspects in relation to the offence concerned, in order to help them assist their child throughout the proceedings and the recovery period.
2011/01/19
Committee: LIBE
Amendment 109 #

2010/0039(COD)

Proposal for a regulation – amending act
Article 1 – point 2 – point a
Regulation (EC) No 2007/2004
Article 1a – point 2
2. "host Member State" means a Member State on the territory of which, or adjacent to,r from the territory of which a deployment of a Rrapid Bborder Iintervention Teammission or a joint operation or a pilot project takes place;
2011/01/06
Committee: LIBE
Amendment 117 #

2010/0039(COD)

Proposal for a regulation – amending act
Article 1 – point 3 – point a – point ii
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point f
(f) provide Member States with the necessary support, including, upon request, coordination regarding organising joint return operations and voluntary returns;
2011/01/06
Committee: LIBE
Amendment 127 #

2010/0039(COD)

Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 1 – subparagraph 2
The Agency may itself initiate joint operations and pilot projects in cooperation with Member States and in agreement with the host Member State.
2011/01/06
Committee: LIBE
Amendment 135 #

2010/0039(COD)

Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 1 – subparagraph 5
The Agency may also terminate joint operations, rapid border intervention missions and pilot projects if the conditions to conduct these initiatives are no longer fulfilled.
2011/01/06
Committee: LIBE
Amendment 145 #

2010/0039(COD)

Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 5
5. The Agency may decide to finance or co-finance the joint operatshall finance the joint operations, rapid border intervention missions and pilot projects referred to in paragraph 1, with grants from its budget in accordance with the financial rules applicable to the Agency.
2011/01/06
Committee: LIBE
Amendment 166 #

2010/0039(COD)

Proposal for a regulation – amending act
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3b (new) – paragraph 5
5. In accordance with Article 83g the Agency wishall nominate a coordinating officer for each joint operation or pilot project where Frontex Joint Support Team members will be deployed, rapid intervention mission or pilot project where EU Border Guard System members will be deployed. The role of the coordinating officer shall be, inter alia, to monitor the operation of and to foster cooperation and coordination amongst host and participating Member States.
2011/01/06
Committee: LIBE
Amendment 191 #

2010/0039(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Regulation (EC) No 2007/2004
Article 8
(9) Article 8 is deleted.amended as follows: (a) paragraph 1 is replaced by the following: "1. Without prejudice to Article 64(2) of the Treaty, one or more Member States facing specific and disproportionate pressures and confronted with circumstances requiring increased technical and operational assistance when implementing their obligations with regard to control and surveillance of external borders may request the Agency for assistance. The Agency shall organise the appropriate technical and operational assistance for the requesting Member State(s)." (b) in paragraph 2 the following point is added: "(ba) deploy border guards from the EU Border Guard System."
2011/01/06
Committee: LIBE
Amendment 211 #

2010/0039(COD)

Proposal for a regulation – amending act
Article 1 – point 15 a (new)
Regulation (EC) No 2007/2004
Article 11 a a (new)
(15 a) The following Article is inserted: "Article 11aa Processing of personal data 1. In performing its tasks, the Agency may process personal data in order to contribute to the security of the external borders of the Member States. 2. The processing of personal data shall respect the principles of necessity and proportionality. 3.The processing of personal data by the Agency shall be limited to data received from other Union agencies and to personal data obtained during joint operations or pilot projects or rapid border intervention missions regarding persons who are suspected on reasonable grounds of involvement in cross-border criminal activities, in illegal migration activities or in human trafficking activities as defined in Article 1(1)(a) and (b) of Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence1, persons who are victims of such activities and whose data may lead to the perpetrators of such illegal activities as well as persons who are subject to return operations in which the Agency is involved. 4. The personal data shall be deleted as soon as the purpose for which they have been collected has been achieved. The term of storage shall in any event not exceed three months after the date of the collection of those data or when the data are received from other EU agencies, from the date of when the data have been received by the Agency. 5. Personal data processed by the Agency for the purpose specified in this Article shall, subject to Article 13, shall be transmitted to Europol. 6. Onward transmission or other communication of personal data processed by the Agency to other European Union agencies or bodies shall be subject to specific working agreements regarding the exchange of personal data and subject to the prior approval of the supervisory authorities within the respective agencies. Such transmissions shall be monitored by the European Data Protection Supervisor. 7. Onward transmission or other communication of personal data processed by the Agency to third countries or other third parties shall be prohibited. _______ 1 OJ L 328, 5.12.2007, p. 17."
2011/01/06
Committee: LIBE
Amendment 255 #

2010/0039(COD)


Regulation (EC) No 2007/2004 is amended as follows: (1) In Article 1, paragraph 2 is replaced by the following: "2. While considering that the responsibility for the control and surveillance of external borders lies with the Member States, the Agency, as a body of the Union as defined in Article 15 and in accordance with Article 19, shall facilitate and render more effective the application of existing and future Union measures relating to the management of external borders, in particular the Schengen Borders Code3▌. It shall do so by ensuring the coordination of Member States' actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control 1 OJ L 131, 1.6.2000, p. 43. 2 OJ L 64, 7.3.2002, p. 20. 3 OJ L 105 13.4.2006, p. 1. on persons and surveillance of the external borders of the Member States. The Agency shall fulfil its tasks in full compliance with the relevant Union law, including the Charter of Fundamental Rights of the European Union, international law, including the Convention Relating to the Status of Refugees of 28 July 1951 ("the Geneva Convention"), obligations related to access to international protection, in particular the principle of non-refoulement, and fundamental rights and taking into account the reports of the Consultative Forum referred to in Article 26a." (1a) In Article 1, paragraph 3 is replaced by the following: "3. The Agency shall also provide the Commission and the Member States with the necessary technical support and expertise in the management of the external borders and promote solidarity between Member States, especially those facing specific and disproportionate pressures." (2) Article 1a is amended as follows: (a) the following point is inserted: "1a. "European Border Guard Teams" means for the purpose of Article 3, Article 3b, Article 3c, Article 8 and Article 17 teams to be deployed during joint operations and pilot projects; for the purpose of Articles 8a to 8g teams to be deployed for rapid border interventions (hereinafter referred to as "rapid interventions") within the meaning of Regulation (EC) No 863/2007 and for the purpose of points (ea) and (g) of Article 2(1) and Article 5 teams to be deployed during joint operations, pilot projects and rapid interventions;" (aa) point 2 is replaced by the following: "2. "host Member State" means a Member State in which a rapid intervention, a joint operation or a pilot project takes place or from which it is launched;" (b) point 4 is replaced by the following: "4. "members of the teams" means border guards of Member States serving with the European Border Guard Teams other than those of the host Member State;" (c) point 5 is replaced by the following: "5. "requesting Member State" means a Member State whose competent authorities request the Agency to deploy rapid interventions on its territory;" (3) Article 2 is amended as follows: (a) paragraph 1 is amended as follows: (i) points (c) and (d) are replaced by the following: "(c) carry out risk analyses , including the assessment of the capacity of Member States to face threats and pressure at the external borders; (d) participate in the development of research relevant for the control and surveillance of external borders;" (ia) the following point is inserted: "(da) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, taking into account that some situations may involve humanitarian emergencies and rescue at sea;" (ib) point (e) is replaced by the following: "(e) assist Member States in circumstances requiring increased technical and operational assistance at external borders, especially those Member States facing specific and disproportionate pressures;" (ic) the following point is inserted: "(ea) set up European Border Guard Teams that are to be deployed during joint operations, pilot projects and rapid interventions;" (ii) point (f) is replaced by the following: "(f) provide Member States with the necessary support, including, upon request, coordination or organisation of joint return operations;" (iia) point (g) is replaced by the following: "(g) deploy border guards from the European Border Guard Teams to Member States in joint operations, pilot projects or in rapid interventions in accordance with Regulation (EC) No 863/2007;" (iii) the following points ▌are added: "(h) develop and operate, in accordance with Regulation (EC) No 45/2001, information systems that enable swift and reliable exchanges of information regarding emerging risks at the external borders, including the Information and Coordination Network established by Council Decision 2005/267/EC*; (i) provide the necessary assistance to the development and operation of a European border surveillance system and, as appropriate, to the development of a common information sharing environment, including interoperability of systems. __________________ OJ L 83, 1.4.2005, p. 48." (b) the following paragraph ▌is inserted: "1a. In accordance with Union and international law, no person shall be disembarked in, or otherwise handed over to the authorities of, a country in contravention of the principle of non-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle. The special needs of children, victims of trafficking, persons in need of medical assistance, persons in need of international protection and other vulnerable persons shall be addressed in accordance with Union and international law." (c) in paragraph 2 the last subparagraph is replaced by the following: "Member States shall report to the Agency on these operational matters at the external borders outside the framework of the Agency. The Executive Director shall inform the Management Board on these matters on a regular basis and at least once a year." (3a) The following article is inserted: "Article 2a Code of Conduct The Agency shall draw up and further develop a Code of Conduct applicable to all operations coordinated by the Agency. The Code of Conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on unaccompanied minors and vulnerable persons, as well as persons seeking international protection, applicable to all persons participating in the activities of the Agency. The Code of Conduct shall be developed in cooperation with the Consultative Forum referred to in Article 26a." (4) Article 3 is replaced by the following: "Article 3 Joint operations and pilot projects at the external borders 1. The Agency shall evaluate, approve and coordinate proposals for joint operations and pilot projects made by Member States, including the requests of Member States related to circumstances requiring increased technical and operational assistance, especially in cases of specific and disproportionate pressures. The Agency may itself initiate and carry out joint operations and pilot projects in cooperation with the Member States concerned and in agreement with the host Member States. It may also decide to put its technical equipment at the disposal of Member States participating in the joint operations or pilot projects. Joint operations and pilot projects should be preceded by a thorough risk analysis. 1a. The Agency may also terminate, after informing the Member State concerned, joint operations and pilot projects if the conditions to conduct these initiatives are no longer fulfilled. Participating Member States may request the Agency to terminate a joint operation or pilot project. The home Member State shall provide for appropriate disciplinary or other measures in accordance with their law in case of violations of fundamental rights or international protection obligations in the course of such activities. The Executive Director of the Agency shall suspend or terminate, in whole or in part, joint operations and pilot projects if he/she considers that violations concerned are of a serious nature or are likely to persist. 2. The Agency shall constitute a pool of border guards called European Border Guard Teams in accordance with the provisions of Article 3b, for possible deployment during joint operations and pilot projects referred to in paragraph 1. It shall decide on the deployment of human resources and technical equipment in accordance with Articles 3a and 7. 3. The Agency may operate through its specialised branches provided for in Article 16 for the practical organisation of joint operations and pilot projects. 4. The Agency shall evaluate the results of the joint operations and pilot projects and transmit the detailed evaluation reports within 60 days following the end of the activity to the Management Board, together with the observations of the Fundamental Rights Officer referred to in Article 26a. The Agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future operations and projects to be included in its general report provided for in Article 20(2)(b). 5. The Agency shall finance or co-finance the joint operations and pilot projects referred to in paragraph 1, with grants from its budget in accordance with the financial rules applicable to the Agency. 5a. Paragraphs 1a and 5 shall apply also to rapid interventions." (5) The following Articles▌are inserted: "Article 3a Organisational aspects of joint operations and pilot projects 1. The Executive Director shall draw up an operational plan for activities referred to in Article 3(1). The Executive Director and the host Member State, in consultation with participating Member States, shall agree on the operational plan detailing the organisational aspects in due time before the envisaged beginning of the activity. The operational plan shall cover all aspects considered necessary for carrying out the joint operation or the pilot project, including the following: (a) a description of the situation, with modus operandi and objectives of the deployment, including the operational aim; (b) the foreseeable duration of the joint operation or pilot projects; (c) the geographical area where the joint operation or pilot project will take place; (d) description of the tasks and special instructions for the guest officers, including on permissible consultation of databases and permissible service weapons, ammunition and equipment in the host Member State; (e) the composition of the teams of guest officers, as well as the deployment of other relevant staff; (f) command and control provisions, including the names and ranks of the host Member State's border guards responsible for cooperating with the guest officers and the Agency, in particular those of the border guards who are in command during the period of deployment, and the place of the guest officers in the chain of command; (g) the technical equipment to be deployed during the joint operation or pilot project, including specific requirements such as conditions for use, requested crew, transport and other logistics, and financial provisions; (ga) detailed provisions on immediate incident reporting by the Agency to the Management Board and to relevant national public authorities; (h) a reporting and evaluation scheme containing ▌benchmarks for the evaluation report and final date of submission of the final evaluation report in accordance with Article 3(4). (i) regarding sea operations, specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation takes place, including reference to international and Union law regarding interception, rescue at sea and disembarkation; (j) modalities of cooperation with third countries, other Union agencies and bodies or international organisations. 2. Any amendments to or adaptations of the operational plan shall require the agreement of the Executive Director and the host Member State. A copy of the amended or adapted operational plan shall immediately be sent by the Agency to the participating Member States. 3. The Agency shall, as part of its coordinating tasks, ensure the operational implementation of all the organisational aspects, including the presence of a staff member of the Agency during the joint operations and pilot projects referred to in this Article. Article 3b Composition and deployment of European Border Guard Teams 1. On a proposal by the Executive Director, the Management Board shall decide by an absolute majority of its members with a right to vote on the profiles and the overall number of border guards to be made available for the European Border Guard Teams. The same procedure shall apply with regard to any subsequent changes in the profiles and the overall numbers. Member States shall contribute to the European Border Guard Teams via a national pool on the basis of the various defined profiles by nominating border guards corresponding to the required profiles. 2. The contribution by Member States as regards their border guards to specific operations for the coming year shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with these agreements, Member States shall make the border guards available for deployment at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks. Such a request shall be made at least 45 days before the intended deployment. The autonomy of the home Member State in relation to the selection of staff and the duration of their deployment shall remain unaffected. 3. The Agency shall also contribute to the European Border Guard Teams with competent border guards seconded by the Member States as national experts pursuant to Article 17(5). The contribution by Member States as regards the secondment of their border guards to the Agency for the coming year shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with these agreements, Member States shall make the border guards available for secondment, unless this would seriously affect the discharge of national tasks. In such situations Member States may recall their seconded border guards. The maximum duration of such secondments shall not exceed six months in a twelve month period. They shall, for the purpose of this Regulation, be considered as guest officers and have the tasks and powers referred to in Article 10. The Member State having seconded the border guards in question shall be considered as the "home Member State" as defined in Article 1a(3) for the purpose of applying Articles 3c, 10, and 10b. Other staff employed by the Agency on a temporary basis who are not qualified to perform border control functions shall only be deployed during joint operations and pilot projects for coordination tasks. 4. Members of the European Border Guard Teams shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures, and human dignity. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. 5. In accordance with Article 8g, the Agency shall nominate a coordinating officer for each joint operation or pilot project where members of the European Border Guard Teams will be deployed. The role of the coordinating officer shall be to foster cooperation and coordination amongst host and participating Member States. 6. The Agency shall meet the costs incurred by the Member States in making their border guards available pursuant to paragraph 1 for the European Border Guard Teams in accordance with Article 8h. 6a. The Agency shall inform the European Parliament on an annual basis of the number of border guards that each Member State has committed to the European Border Guard Teams in accordance with this Article. Article 3c Instructions to the European Border Guard Teams 1. During deployment of European Border Guard Teams, instructions to the teams shall be issued by the host Member State in accordance with the operational plan referred to in Article 3a (1). 2. The Agency, via its coordinating officer as referred to in Article 3b (5), may communicate its views on those instructions to the host Member State. If it does so, the host Member State shall take those views into consideration. 3. In accordance with Article 8g, the host Member State shall give the coordinating officer all necessary assistance, including full access to the European Border Guard Teams at all times throughout the deployment. 4. Members of the European Border Guard Teams shall, while performing their tasks and exercising their powers, remain subject to the disciplinary measures of their home Member State." (6) Article 4 is replaced by the following: "Article 4 Risk analysis The Agency shall develop and apply a common integrated risk analysis model. It shall prepare both general and tailored risk analyses to be submitted to the Council and the Commission. ▌ For the purpose of risk analysis, the Agency may assess, after prior consultation with the Member State(s) concerned, their capacity ▌to face upcoming challenges, including present and future threats and pressures at the external borders of the Member States, especially for those Member States facing specific and disproportionate pressures. To this end the Agency may assess the equipment and the resources of the Member States regarding border control. The assessment shall be based on information given by the Member State(s) concerned, and on the reports and results of joint operations, pilot projects, rapid interventions and other activities of the Agency. Those assessments are without prejudice to the Schengen Evaluation Mechanism. The results of those assessments shall be presented ▌to the Management Board of the Agency. For those purposes Member States shall provide the Agency with all necessary information regarding the situation and possible threats at the external borders. The Agency shall incorporate the results of a common integrated risk analysis model in its development of the common core curricula for the border guards' training referred to in Article 5." (7) Article 5 is amended as follows: (a) the following paragraphs are inserted before the first paragraph: "The Agency shall provide border guards who are members of the European Border Guard Teams with advanced training relevant to their tasks and powers and shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency. The Agency shall also take the necessary initiatives to ensure that all border guards and other personnel of the Member States who participate in the European Border Guard Teams, as well as the staff of the Agency, shall, prior to their participation in operational activities organised by the Agency, have received training in relevant Union and international law, including fundamental rights and access to international protection and guidelines for the purpose of identifying persons seeking protection and directing them towards the appropriate facilities." (b) the first paragraph is replaced by the following: "The Agency shall establish and further develop common core curricula for border guards' training and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights and access to international protection and relevant maritime law. The common core curricula shall be drawn up after consultation of the Consultative Forum referred to in Article 26a. Member States shall integrate the common core curricula in the training of their national border guards." (c) the following paragraph is inserted after the last paragraph: "The Agency shall establish an exchange programme enabling national border guards participating in the European Border Guard Teams to acquire knowledge or specific know-how from experiences and good practices abroad by working with border guards in a Member State other than their own." (8) Articles 6 and 7 are replaced by the following: "Article 6 Monitor and contribution to research The Agency shall proactively monitor and contribute to the developments in research relevant for the control and surveillance of the external borders and disseminate this information to the Commission and the Member States. Article 7 Technical equipment 1. The Agency may acquire, itself or in co-ownership with a Member State, or lease technical equipment for external border control to be deployed during joint operations, pilot projects, rapid interventions, return operations or technical assistance projects in accordance with the financial rules applicable to the Agency. Any acquisition or leasing of equipment entailing significant costs to the Agency shall be preceded by a thorough needs and cost/benefit analysis. Any such expenditure shall be provided for in the Agency's budget as adopted by the Management Board in accordance with Article 29(9). Where the Agency acquires or leases major technical equipment, such as open sea and coastal patrol vessels or vehicles, to be used in joint operations, the following provisions shall apply: – in case of acquisition and co-ownership, the Agency agrees formally with one Member State that the latter will provide for the registration of the equipment in accordance with the applicable legislation of that Member State; – in case of leasing, the equipment must be registered in a Member State. On the basis of a model agreement drawn up by the Agency, the Member State of registration and the Agency shall agree on modalities ensuring the periods of full availability of the co-owned assets for the Agency, as well as on the terms of use of the equipment. The Member State of registration or the supplier of technical equipment shall provide the necessary experts and technical crew to operate the technical equipment in a legally sound and safe manner. 2. The Agency shall set up and keep centralised records of equipment in a technical equipment pool composed of equipment owned either by the Member States or by the Agency and equipment co-owned by the Member States and the Agency for external border control purposes. The technical equipment pool shall contain a minimum number per type of technical equipment defined in accordance with paragraph 5 of this Article. The equipment listed in the technical equipment pool shall be deployed during the activities referred to in Articles 3, 8a and 9. 3. Member States shall contribute to the technical equipment pool referred to in paragraph 2. The contribution by Member States to the pool and deployment of the technical equipment for specific operations shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements and to the extent that it forms part of the minimum number of equipment for a given year, Member States shall make their technical equipment available ▌for deployment at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks. Such requests shall be made at least 45 days before the intended deployment. The contributions to the technical equipment pool shall be reviewed annually. 4. The Agency shall manage the records of the technical equipment pool as follows: (a) classification by type of equipment and by type of operation; (b) classification by owner (Member State, Agency, other); (c) overall numbers of required equipment; (d) crew requirements if applicable; (e) other information such registration details, transportation and maintenance requirements, national applicable export regimes, technical instructions, or other relevant information to handle the equipment correctly. 5. The Agency shall finance the deployment of the equipment which forms part of the minimum number of equipment provided by a given Member State for a given year. The deployment of equipment which does not form part of the minimum number of equipment shall be co-financed by the Agency up to a maximum of 100% of the eligible expenses, taking into account the particular circumstances of the Member States deploying such equipment. The rules, including the required overall minimum numbers per type of equipment, the conditions for deployment and reimbursement of costs, shall be decided in accordance with Article 24 on a yearly basis by the Management Board on a proposal by the Executive Director. For budgetary purposes that decision should be taken by the Management Board by 31 March. The minimum number of equipment shall be proposed by the Agency in accordance with its needs, notably be able to carry out joint operations, pilot projects, rapid interventions and return operations, in accordance with the work programme of the Agency for the year in question. If the minimum number of equipment proves to be insufficient to carry out the operational plan agreed for joint operations, pilot projects, rapid interventions or return operations, it shall be revised by the Agency on the basis of justified needs and of an agreement between the Agency and the Member States. 6. The Agency shall report on the composition and the deployment of equipment which is part of the technical equipment pool to the Management Board on a monthly basis. Where the minimum number of equipment referred to in paragraph 5 is not reached, the Executive Director shall inform the Management Board without delay. The Management Board shall take a decision on the prioritisation of the deployment of the technical equipment urgently and take the appropriate steps to remedy the identified shortcomings. It shall inform the Commission of the identified shortcomings and the steps taken. The Commission shall subsequently inform the European Parliament and the Council, together with its own assessment. 6a. The Agency shall inform the European Parliament on an annual basis of the number of technical equipment that each Member State has committed to the pool in accordance with this Article." (9) Article 8 is amended as follows: (a) paragraph 1 is replaced by the following: "1. Without prejudice to Article 78(3) of the Treaty on the Functioning of the European Union, one or more Member States facing specific and disproportionate pressures and confronted with circumstances requiring increased technical and operational assistance when implementing their obligations with regard to control and surveillance of external borders may request the Agency for assistance. The Agency shall in accordance with Article 3 organise the appropriate technical and operational assistance for the requesting Member State(s)." (b) in paragraph 2 the following point is added: "(ba) deploy border guards from the European Border Guard Teams." (c) paragraph 3 is replaced by the following: "3. The Agency may acquire technical equipment for checks and surveillance of external borders to be used by its experts and within the framework of rapid interventions for their duration." (9a) Article 8a is replaced by the following: "Article 8a Rapid Interventions At the request of a Member State faced with a situation of urgent and exceptional pressure, especially the arrival at points of the external borders of large numbers of third-country nationals trying to enter the territory of that Member State illegally, the Agency may deploy for a limited period one or more European Border Guard Teams (hereinafter referred to as "team(s)") on the territory of the requesting Member State for the appropriate duration in accordance with Article 4 of Regulation (EC) No 863/2007." (9b) In Article 8d, paragraph 5 is replaced by the following: "5. If the Executive Director decides to deploy one or more teams, an operational plan shall immediately, and in any event no later than 5 working days of the date of the decision, be drawn up by the Agency and the requesting Member State in accordance with Article 8e." (10) In Article 8e, paragraph 1 is amended as follows: (a) points (e), (f) and (g) are replaced by the following: "(e) composition of the teams, as well as the deployment of other relevant staff; (f) command and control provisions, including the names and ranks of the host Member State's border guards responsible for cooperating with the teams in particular those of the border guards who are in command of the teams during the period of deployment, and the place of the teams in the chain of command; (g) the technical equipment to be deployed together with the teams, including specific requirements such as conditions for use, requested crew, transport and other logistics, and financial provisions." (b) the following points are added: "(h) detailed provisions on immediate incident reporting by the Agency to the Management Board and to relevant national public authorities; (i) a reporting and evaluation scheme containing ▌benchmarks for the evaluation report and final date of submission of the final evaluation report in accordance with Article 3(4). (j) regarding sea operations, information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation takes place including references to international and Union law regarding interception, rescue at sea and disembarkation; (k) modalities of cooperation with third countries, other Union agencies and bodies or international organisations." (11) In Article 8h(1), the introductory part is replaced by the following: "1. The Agency shall fully meet the following costs incurred by Member States in making available their border guards for the purposes mentioned in Article 3(2), Article 8a and Article 8c:" (12) Article 9 is replaced by the following: "Article 9 Return cooperation 1. Subject to the return policy of the Union, and in particular Directive 2008/115/EC∗, and without entering into the merits of return decisions, the Agency shall provide the necessary assistance, and at the request of the participating Member States ensure the coordination or the organisation of joint return operations of Member States, including through the chartering of aircraft for the purpose of such operations. The Agency shall finance or co-finance the operations and projects referred to in this paragraph with grants from its budget in accordance with the financial rules applicable to the Agency. The Agency may also use ▌financial means of the Union available in the field of return. The Agency shall ensure that in its grant agreements with Member States any financial support is conditional upon the full respect for the Charter of Fundamental Rights. 2. The Agency shall develop a Code of Conduct for the return of illegally present third-country nationals ▌which shall apply during all joint return operations coordinated by the Agency, describing common standardized procedures which should simplify the organisation of joint return operations and assure return in a humane manner and with full respect for fundamental rights, in particular the principles of human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, right to liberty and security, the rights to the protection of personal data and non discrimination. 3. The Code of Conduct shall in particular pay attention to the obligation set out in Article 8(6) of Directive 2008/115/EC to provide for an effective forced-return monitoring system and to the Fundamental Rights Strategy referred to in Article ∗ OJ L 348, 24.12. 2008, p. 98" 26a(1). The monitoring of joint return operations shall be carried out on the basis of objective and transparent criteria and cover the whole joint return operation from the pre-departure phase until the hand-over of the returnees in the country of return. ▌ 4. Member States shall regularly inform the Agency of their needs for assistance or coordination by the Agency ▌. The Agency shall draw up a rolling operational plan to provide the requesting Member States with the necessary operational support, including technical equipment referred to in Article 7(1). The Management Board shall decide in accordance with Article 24 on a proposal of the Executive Director, on the content and modus operandi of the rolling operational plan. 5. The Agency shall cooperate with the competent authorities of the relevant third countries referred to in Article 14, identify best practices on the acquisition of travel documents and the return of illegally present third-country nationals. (13) In Article 10, paragraph 2 is replaced by the following: "2. While performing their tasks and exercising their powers, guest officers shall comply with Union and international law, in accordance with fundamental rights and the national law of the host Member State." (14) Article 11 is replaced by the following: "Article 11 Information exchange systems The Agency may take all necessary measures to facilitate the exchange of information relevant to its tasks with the Commission and the Member States and, where appropriate, the Union agencies referred to in Article 13. It shall develop and operate an information system capable of exchanging classified information with those actors, including personal data referred to in Articles 11a, 11b and 11c. The Agency may take all necessary measures to facilitate the exchange of information relevant for its tasks with the United Kingdom and Ireland if it relates to the activities in which they participate in accordance with Articles 12 and 20(5)." (15) The following Articles ▌are inserted: "Article 11a Data protection Regulation (EC) No 45/2001 shall apply to the processing of personal data by the Agency. The Management Board shall establish measures for the application of Regulation (EC) No 45/2001 by the Agency, including those concerning the Data Protection Officer of the Agency. Those measures shall be established after consultation of the European Data Protection Supervisor. Without prejudice to Articles 11b and 11c, the Agency may process personal data for administrative purposes. Article 11b Processing of personal data in the context of joint return operations In accordance with the measures referred to in Article 11a: 1. In performing its tasks of organising and coordinating the joint return operations of Member States referred to in Article 9, the Agency may process personal data of persons who are subject to such joint return operations. 2. The processing of such personal data shall respect the principles of necessity and proportionality. In particular, it shall be strictly limited to those personal data which are required for the purposes of the joint return operation. 3. The personal data shall be deleted as soon as the purpose for which they have been collected has been achieved and no later than 10 days after the joint return operation. 4. Where the personal data are not transferred to the carrier by a Member State, the Agency may transfer such data. Article 11c Processing of personal data collected during joint operations, pilot projects and rapid interventions In accordance with the measures referred to in Article 11a: 1. Without prejudice to the competence of Member States to collect personal data in the context of joint operations, pilot projects and rapid interventions, and subject to the limitations set out in paragraphs 2 and 3, the Agency may further process personal data collected by the Member States during such operational activities and transmitted to the Agency in order to contribute to the security of the external borders of the Member States of the Union. 2. Such further processing of personal data by the Agency shall be limited to personal data regarding persons who are suspected, by the relevant authorities of Member States, on reasonable grounds of involvement in cross-border criminal activities, in facilitating illegal migration activities or in human trafficking activities as defined in Article 1(1)(a) and (b) of Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence*. 3. Personal data referred to in paragraph 2 shall be further processed by the Agency only for the following purposes: (a) transmission, on a case by case basis, to Europol or other Union law enforcement agencies, subject to Article 13. (b) use for the preparation of risk analyses referred to in Article 4. In the result of the risk-analyses, data shall be depersonalized. 4. The personal data shall be deleted as soon as they have been transmitted to Europol or other Union agencies or used for the preparation of risk analyses referred to in Article 4. The term of storage shall in any event not exceed three months after the date of the collection of those data. 5. The processing of such personal data shall respect the principles of necessity and proportionality. The personal data shall not be used by the Agency for the purpose of investigations, which remain under the responsibility of the competent national authorities. In particular, it shall be strictly limited to those personal data which are required for the purposes referred to in paragraph 3. 6. Without prejudice to Regulation (EC) No 1049/2001, onward transmission or other communication of such personal data processed by the Agency to third countries or other third parties shall be prohibited. Article 11d Security rules on the protection of classified information and non-classified sensitive information 1. The Agency shall apply the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom**. This shall cover, inter alia, provisions for the exchange, processing and storage of classified information. 2. The Agency shall apply the security principles relating to the processing of non-classified sensitive information as adopted and implemented by the Commission. The Management Board shall establish measures for the application of those security principles. ________________ * OJ L 328, 5.12.2002, p. 17. ** OJ L 317, 3.12.2001, p. 1." (16) Articles 13 and 14 are replaced by the following: "Article 13 Cooperation with Union agencies and bodies and international organisations The Agency may cooperate with Europol, the European Asylum Support Office, the Fundamental Rights Agency, other Union agencies and bodies, and the international organisations competent in matters covered by this Regulation within the framework of working arrangements concluded with those bodies, in accordance with the relevant provisions of the Treaty and the provisions on the competence of those bodies. In every case the Agency shall inform the European Parliament of any such arrangements. Onward transmission or other communication of personal data processed by the Agency to other Union agencies or bodies shall be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval of the European Data Protection Supervisor. The Agency may also, with the agreement of the Member State(s) concerned, invite observers of Union agencies and bodies or international organisations to participate in its activities referred to in Articles 3, 4 and 5, to the extent that their presence is in accordance with the objectives of these activities, may contribute to the improvement of cooperation and the exchange of best practices, and does not affect the overall safety of the activities. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 4 and 5 and only with the agreement of the host Member State regarding those referred to in Article 3. Detailed rules on the participation of observers shall be included in the operational plan referred to in Article 3a(1). Those observers shall receive the appropriate training from the Agency prior to their participation. Article 14 Facilitation of operational cooperation with third countries and cooperation with competent authorities of third countries 1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate operational cooperation between Member States and third countries, within the framework of the Union's external relations policy, including with regard to human rights. The Agency and the Member States shall comply with norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on the territory of those countries. The establishment of cooperation with third countries shall serve to promote European border management standards, also covering respect for fundamental rights and human dignity. 2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation within the framework of working arrangements concluded with those authorities, in accordance with the relevant provisions of the Treaty. Those working arrangements shall be purely related to the management of operational cooperation 3. The Agency may deploy its liaison officers, who should enjoy the highest possible protection to carry out their duties, in third countries. They shall form part of the local or regional cooperation networks of Member States' immigration liaison officers set up pursuant to Council Regulation No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network*. Liaison officers shall only be deployed to third countries in which border management practices comply with minimum human rights standards. Their deployment shall be approved by the Management Board. Within the framework of the Union's external relations policy, priority for deployment should be given to those third countries, which on the basis of risk analysis constitute a country of origin or transit regarding illegal migration. On a reciprocal basis the Agency may receive liaison officers posted by those third countries also, for a limited period of time. The Management Board shall adopt, on a proposal of the Executive Director, the list of priorities on a yearly basis in accordance with the provisions of Article 24. 4. The tasks of the Agency's liaison officers shall include, in compliance with Union law and in accordance with fundamental rights, the establishment and maintaining of contacts with the competent authorities of the third country to which they are assigned to with a view to contributing to the prevention of and fight against illegal immigration and the return of illegal migrants. 5. The Agency may benefit from Union funding in accordance with the provisions of the relevant instruments supporting the Union's external relations policy. It may launch and finance technical assistance projects in third countries regarding matters covered by this Regulation.▌ 6. The Agency may also, with the agreement of the Member State(s) concerned invite observers from third countries to participate in its activities referred to in Articles 3, 4 and 5, to the extent that their presence is in accordance with the objectives of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety of the activities. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 4 and 5 and only with the agreement of the host Member State regarding those referred to in Article 3. Detailed rules on the participation of observers shall be included in the operational plan referred to in Article 3a(1). Those observers shall receive the appropriate training from the Agency prior to their participation. 7. When concluding bilateral agreements with third countries as referred to in Article 2(2), Member States may include provisions concerning the role and competence of the Agency, in particular regarding the exercise of executive powers by members of the teams deployed by the Agency during the activities referred to in Article 3. 8. The activities referred to in paragraphs 2 and 3 shall be subject to receiving a prior ▌opinion of the Commission, and the European Parliament shall be fully informed as soon as possible. ____________________ OJ L 64, 2.3.2004, p. 1." (16a) In Article 15, the first paragraph is replaced by the following: "The Agency shall be a body of the Union. It shall have legal personality." (17) The following Article▌ is inserted: "Article 15a Headquarters Agreement The necessary arrangements concerning the accommodation to be provided for the Agency in the Member State in which the Agency has its seat and the facilities to be made available by that State, as well as the specific rules applicable to the Executive Director, the Deputy Executive Director, the members of the Management Board, the staff of the Agency and members of their families, in that State shall be laid down in a Headquarters Agreement between the Agency and the Member State in which the Agency has its seat. The Headquarters Agreement shall be concluded after obtaining the approval of the Management Board. The Member State in which the Agency has its seat should provide the best possible conditions to ensure proper functioning of the Agency, including multilingual, European-oriented schooling and appropriate transport connections." (18) Article 17 is modified as follows: (a) paragraph 3 is replaced by the following: "3. For the purpose of implementing Article 3b(5) only an Agency's staff member subject to the Staff Regulations of Officials and to Title II of the Conditions of employment of other servants of the European Communities employed by the Agency may be designated as coordinating officer in accordance with Article 8g. For the purpose of implementing Article 3b(3), only national experts seconded by a Member State to the Agency may be designated to be attached to the European Border Guard Teams. The Agency shall designate those national experts who shall be attached to the European Border Guard Teams in accordance with that Article." (b) the following paragraphs are added: "4. The Management Board shall adopt the necessary implementing measures in agreement with the Commission pursuant to the arrangements provided for in Article 110 of the Staff Regulations of Officials of the Union. 5. The Management Board may adopt provisions to allow national experts from Member States to be seconded to the Agency. Those provisions shall take into account the requirements of Article 3b(3), in particular the fact that they are considered as guest officers and have the tasks and powers referred to in Article 10. They shall include provisions on the conditions of deployment." ▌ (20) Article 20 is amended as follows: (a) paragraph 2 is amended as follows: (i) point (h) is replaced by the following: "(h) establish the organisational structure of the Agency and adopt the Agency's staff policy, in particular the multi-annual staff policy plan ▌. In accordance with the relevant provisions of the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 the multi-annual staff policy plan shall be submitted to the Commission and the budgetary authority after receiving a favourable opinion of the Commission;" (ii) the following point is added: "(i) adopt the Agency’s Multi Annual Plan aiming at outlining the future long term strategy regarding the activities of the Agency." (b) paragraph 4 is replaced by the following: "4. The Management Board may advise the Executive Director on any matter strictly related to the development of operational management of the external borders, including activities related to research as defined in Article 6." (21) Article 21 is amended as follows: (a) in paragraph 1, the last sentence is replaced by the following: "This term of office shall be extendable." (b) paragraph 3 is replaced by the following: "3. Countries associated with the implementation, application and development of the Schengen acquis shall participate in the Agency. They shall have one representative and one alternate each in the Management Board. Under the relevant provisions of their association agreements, arrangements have been developed that specify the nature and extent of, and the detailed rules for, the participation by these countries in the work of the Agency, including provisions on financial contributions and staff." : (22) Article 25 is modified as follows: (a) paragraph 2 is replaced by the following: "2. The European Parliament or the Council may invite the Executive Director of the Agency to report on the carrying out of his/her tasks, in particular on the implementation and monitoring of the Fundamental Rights Strategy, the general report of the Agency for the previous year, the work programme for the coming year and the Agency's multi-annual plan referred to in Article 20(i).". (b) in paragraph 3, the following point is added: "(g) Ensure the implementation of the operational plan referred to in Articles 3a and 8g.". (22a) The following Article is inserted: "Article 26a Fundamental Rights Strategy 1. The Agency shall draw up and further develop and implement its Fundamental Rights Strategy. The Agency shall put in place an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency. 2. A Consultative Forum shall be established by the Agency to assist the Director and the Management Board in fundamental rights matters. The Agency shall invite the European Asylum Support Office, the Fundamental Rights Agency, the United Nations High Commissioner for Refugees and other relevant organisation to participate in the Consultative Forum. On a proposal by the Executive Director, the Management Board shall decide on the composition and the working methods of and the modalities of the transmission of information to the Consultative Forum. The Consultative Forum shall be consulted on the further development and implementation of the Fundamental Rights Strategy, Code of conduct and common core curricula. The Consultative Forum shall prepare an annual report of its activities. Those reports shall be made publically available. 3. A Fundamental Rights Officer shall be designated by the Management Board of the Agency. He/she shall have the necessary qualifications and experience in the field of fundamental rights. He/she shall be independent in the performance of his/her duties as a Fundamental Rights Officer and shall report directly to the Management Board and the Consultative Forum. He/she shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights. 4. The Fundamental Rights Officer and the Consultative Forum shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency." (23) In Article 33, the following paragraphs are inserted: "2a. The next evaluation shall also analyse the needs for further increased coordination of the management of the external borders of the Member States, including the feasibility of the creation of a European system of border guards. 2b. The evaluation shall include a specific analysis on the way the Charter of Fundamental Rights was respected pursuant to the application of the Regulation." Article 2 Entry into force This regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties. Done at ..., For the European Parliament For the Council The President The President ANNEX 1 Statement by the European Parliament The European Parliament stresses that the EU institutions should endeavour to use appropriate and neutral terminology in legislative texts when addressing the issue of third country nationals whose presence on the territory of the Member States has not been authorised by the Member States authorities or is not longer authorised. In such cases, EU institutions should not refer to "illegal immigration" or "illegal migrants" but rather to "irregular immigration" or "irregular migrants".
2011/07/06
Committee: LIBE
Amendment 2 #

2009/2240(INI)

Motion for a resolution
Citation 9 a (new)
– having regard to the European Parliament's resolution of 7 May 2009 on the proposal for a regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (COD/2008/0243),
2010/03/05
Committee: LIBE
Amendment 4 #

2009/2240(INI)

Motion for a resolution
Recital A
A. whereas a fair and realistic migration policy in the European Union, entailing the establishment of a Common European Asylum System (CEAS), must comprise an effective resettlement programme, providing a durable solution for refugees who cannot return to their country of origin and whose protection and livelihood cannot be assured in first countries of asylum,
2010/03/05
Committee: LIBE
Amendment 37 #

2009/2240(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Recalls, at the same time, the European Parliament's recommendations of 7 May 2009 on mandatory solidarity as regards resettlement of refugees already in Member States; believes that the resettlement mechanism should therefore be open to and applicable for intra-EU resettlement of beneficiaries of international protection present in the territory of Member States that are faced with specific and disproportionate pressures on their national asylum systems, due in particular to their geographic position or demographic situation; requests that adequate funds be earmarked to for such intra-EU resettlement programmes;
2010/03/05
Committee: LIBE
Amendment 1 #

2009/2138(INI)

Draft opinion
Paragraph 4
4. Recalls that SOLVIT is not an EU body with formal powers to adjudicate EU legislation but a voluntary cooperation network set up between national administrationAcknowledges the effectiveness of SOLVIT as a cooperation network which endeavours to solve informally problems that arise for citizens and businesses as a result of the misapplication of internal market law by public authorities;
2010/01/08
Committee: PETI
Amendment 2 #

2009/2138(INI)

Draft opinion
Paragraph 5 a (new)
5a. Notes that there are various entities through which EU citizens may channel their problems, including Parliament's Committee on Petitions, SOLVIT, the European Commission and the European Ombudsman;
2010/01/08
Committee: PETI
Amendment 3 #

2009/2138(INI)

Draft opinion
Paragraph 6
6. EncourageRequests SOLVIT to refer cases of misapplication of EU legislation which are too complex for it to resolve not solely to the European Commission but also, where appropriate, to Parliament's Committee on Petitions;
2010/01/08
Committee: PETI
Amendment 5 #

2009/2138(INI)

Draft opinion
Paragraph 8 a (new)
8a. Considers also that there is no single point of reference responsible for following up citizens' complaints from start to finish as these are submitted through various available channels; calls for greater coordination among the different entities involved in receiving and dealing with citizens' complaints;
2010/01/08
Committee: PETI
Amendment 6 #

2009/2138(INI)

Draft opinion
Paragraph 9
9. Records that Parliament recently received a complaint about SOLVIT stating that the complainants contested information provided and did not agree with the outcome of a SOLVIT procedure; underlines that this is the only complaint received concerning the period covered by the 2008 annual report;deleted
2010/01/08
Committee: PETI
Amendment 8 #

2009/2138(INI)

Draft opinion
Paragraph 10
10. Notes that on SOLVIT's website there is noRequests SOLVIT to add, on its website, a link to Parliament's Committee on Petitions; requests SOLVIT to add such a link, so that citizens may be made aware of their right to petition Parliament as a means of obtaining non-judicial remedies and solutions through the political and legislative process.
2010/01/08
Committee: PETI
Amendment 1 #

2009/2128(DEC)

Draft opinion
Paragraph 5
5. Calls on Frontex to exercise it functions to the full and to continue improving its financial management, especially as regards the increase in its 2009 and 2010 budgets;
2009/12/21
Committee: LIBE
Amendment 2 #

2009/2128(DEC)

Draft opinion
Paragraph 5 a (new)
5a. Reiterates that future budget allocations should take into consideration the new financial requirements which will result from Frontex's review;
2009/12/21
Committee: LIBE
Amendment 3 #

2009/2128(DEC)

Draft opinion
Paragraph 5 b (new)
5b. Notes that in the coming years the discharge for the implementation of the budget for the agency should be further based on the relevant committee's assessment of the agency's performance throughout the year;
2009/12/21
Committee: LIBE
Amendment 3 #

2009/2127(DEC)

Draft opinion
Paragraph 5 a (new)
5a. Notes that in the coming years the discharge for the implementation of the budget for the agency should be further based on the relevant committee's assessment of the agency's performance throughout the year;
2009/12/21
Committee: LIBE
Amendment 2 #

2009/2119(DEC)

Draft opinion
Paragraph 2 a (new)
2a. Notes that in the coming years the discharge for the implementation of the budget for the agency should be further based on the relevant committee's assessment of the agency's performance throughout the year;
2009/12/21
Committee: LIBE
Amendment 1 #

2009/2114(DEC)

Draft opinion
Paragraph 2 a (new)
2a. Notes that in the coming years the discharge for the implementation of the budget for the agency should be further based on the relevant committee's assessment of the agency's performance throughout the year;
2009/12/21
Committee: LIBE
Amendment 2 #

2009/2113(DEC)

Draft opinion
Paragraph 2 a (new)
2a. Notes that in the coming years the discharge for the implementation of the budget for the agency should be further based on the relevant committee's assessment of the agency's performance throughout the year;
2009/12/21
Committee: LIBE
Amendment 1 #

2009/2068(DEC)

Draft opinion
Paragraph 2 a (new)
2a. Notes that in the coming years the discharge for the implementation of the budget for the agencies should be further based on the relevant committee's assessment of the agency's performance throughout the year;
2009/12/21
Committee: LIBE
Amendment 3 #

2009/2002(BUD)

Draft opinion
Paragraph 3
3. Notes that theConsiders that, as has already been the case over the past years, Parliament should retain the political leadership on funding for the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) for 2010 is to be kept at the same level as in 2009 in terms of commitment appropriations (EUR 78 million), which represents EUR 8 million more than provided for in the multiannual financial programming; thisin order to ensure that sufficient financial resources are made available in the 2010 budget to meet its in line with the Conclusions of the Justice and Home Affairs (JHA) Council of June 2008 as well as with Parliament's demands for permanent missions; emphasises Frontex's importance in coordinating andpolitical objectives with regard to this agency, notably its demands for permanent Frontex missions and the agency's role in enhancing external border security by ensuring the coordination of Member States’ operational cooperationthrough greater operational coordination and cooperation among Member States;
2009/09/08
Committee: LIBE
Amendment 6 #

2009/2002(BUD)

Draft opinion
Paragraph 5 a (new)
5a. Welcomes the Presidency Conclusions of the European Council of 18-19 June 2009 which call for the coordination of voluntary measures for internal reallocation of beneficiaries of international protection present in the Member States exposed to specific and disproportionate pressures and highly vulnerable persons as well as the Commission's intention to take initiatives in this respect starting with a pilot project; calls for timely and adequate funding to be provided for the establishment of this pilot project;
2009/09/08
Committee: LIBE
Amendment 58 #

2009/0165(COD)

Proposal for a directive
Recital 15
(15) It is essential that decisions on all applications for international protection be taken on the basis of the facts and, in the first instance, by authorities whose personnel has the appropriate knowledge orand receives the necessary training in the field of asylum and refugee matters.
2011/01/24
Committee: LIBE
Amendment 81 #

2009/0165(COD)

Proposal for a directive
Article 2 – point d
(d) ‘applicant with special needs’ means an applicant who due to age, gender, disability, mental health problemphysical or mental illnesses or consequences of torture, rape or other serious forms of psychological, physical or sexual violence is in need of special guarantees in order to benefit from the rights and comply with the obligations in accordance with this Directive;
2011/01/24
Committee: LIBE
Amendment 89 #

2009/0165(COD)

Proposal for a directive
Article 4 – paragraph 2 – point b
(b) gender, trauma and age awareness, with particular attention being paid to unaccompanied minors;
2011/01/24
Committee: LIBE
Amendment 95 #

2009/0165(COD)

Proposal for a directive
Article 4 – paragraph 4
4. Where an authority is designated in accordance with paragraph 3, Member States shall ensure that the personnel of that authority have the appropriate knowledge orand receive the necessary training to fulfil their obligations when implementing this Directive.
2011/01/24
Committee: LIBE
Amendment 127 #

2009/0165(COD)

Proposal for a directive
Article 12 – paragraph 1
1. Applicants for international protection shall cooperate with the competent authorities with a view to establishing their identbe required to assist in clarifying the situation and to reveal their identity, nationality and other elements referred to in Article 4(2) of Directive […./../EC] [the Qualification Directive] to the competent authorities. If they are not in possession of a valid passport or a document in lieu of a passport, applicants shall be required to cooperate in obtaining an identity document. So long as applicants are permitted to remain in the Member State under international protection during consideration of the application, they shall not be required to enter into contact with authorities of their country of origin if there is reason to fear persecution by the State. Member States may impose upon applicants other obligations to cooperate with the competent authorities insofar as these obligations are necessary for the processing of the application.
2011/01/24
Committee: LIBE
Amendment 143 #

2009/0165(COD)

Proposal for a directive
Article 14 – paragraph 3 – point e
e) ensure that interviews with minors are conducted in a child-friendly manner and by a person with the necessary knowledge of the special needs and rights of minors.
2011/01/24
Committee: LIBE
Amendment 144 #

2009/0165(COD)

Proposal for a directive
Article 15 – introductory part
When conducting a personal interview on the substance of an application for international protection, the determining authority shall ensure that the applicant has an adequate opportunity to present elements needed to substantiate his/her application for international protection in accordance with Article 4 (1) and (2) of Directive […./../EC] [the Qualification Directive]. To that end, Member States shall ensure that:
2011/01/24
Committee: LIBE
Amendment 145 #

2009/0165(COD)

Proposal for a directive
Article 15 – point a
(a) questions addressed to the applicant are relevant to the assessment of whether he/she is in need of international protection in accordance with Directive […./../EC] [the Qualification Directive];deleted
2011/01/24
Committee: LIBE
Amendment 148 #

2009/0165(COD)

Proposal for a directive
Article 17 – paragraph 1
1. Member States shall allow applicants, upon request, to haveensure, subject to the applicant’s consent, that a medical examination carried outis ordered in order to support statements in relation to past persecution or serious harmost-traumatic stress disorder, past persecution or serious harm, in cases where the determining authority has reasonable grounds to suppose this to be appropriate and the capacity to be heard or to make complete and coherent statements is accordingly limited. To that end, Member States shall grant applicants a reasonable period to submit a medical certificate to the determining authority.
2011/01/24
Committee: LIBE
Amendment 149 #

2009/0165(COD)

Proposal for a directive
Article 17 – paragraph 2
2. Without prejudice to paragraph 1, in cases where there are reasonable grounds to consider that the applicant suffers from post-traumatic stress disorder, the determining authority, subject to the consent of the applicant, shall ensure that a medical examination is carried out.deleted
2011/01/24
Committee: LIBE
Amendment 151 #

2009/0165(COD)

Proposal for a directive
Article 17 – paragraph 3
3. Member States shall provide for relevant arrangements in order to ensure that impartial and qualified medical expertise is made available for the purpose of a medical examination referred to in paragraph 2 and that the less invasive medical examination is selected when the applicant is a minor.
2011/01/24
Committee: LIBE
Amendment 152 #

2009/0165(COD)

Proposal for a directive
Article 18 – paragraph 1
1. Applicants for international protection shall be given the opportunity to consult in an effective manner a legal adviser or other counsellor, admitted or permitted as such under national law, on matters relating to their applications for international protection, at all stages of the procedure, including following a negative decision.
2011/01/24
Committee: LIBE
Amendment 158 #

2009/0165(COD)

Proposal for a directive
Article 18 – paragraph 2 – introductory part
2. In the event of a negative decision by a determining authority, Member States shall ensure that free legal assistance and/or representation be granted on request, subject to the provisions of paragraph 3. To that end, Member States shall:
2011/01/24
Committee: LIBE
Amendment 160 #

2009/0165(COD)

Proposal for a directive
Article 18 – paragraph 2 – point a
(a) provide for free legal assistance in procedures in accordance with Chapter III. This shall include, at least, the provision of information on the procedure to the applicant in the light of his/her particular circumstances and explanations of reasons in fact and in law in the case of a negative decision;deleted
2011/01/24
Committee: LIBE
Amendment 164 #

2009/0165(COD)

Proposal for a directive
Article 18 – paragraph 2 – point b
(b) provide for free legal assistance or representation in procedures in accordance with Chapter V. This shall include, at least, the preparation of the required procedural documents and participation in the hearing before a court or tribunal of first instance on behalf of the applicant.deleted
2011/01/24
Committee: LIBE
Amendment 169 #

2009/0165(COD)

Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) only for procedures before a court or tribunal in accordance with Chapter V and not for any onward appeals or reviews provided for under national law, including a rehearing of an appeal following an onward appeal or review; and/or
2011/01/24
Committee: LIBE
Amendment 171 #

2009/0165(COD)

Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1 – point b b (new)
(bb) only if the appeal or review is likely to succeed.
2011/01/24
Committee: LIBE
Amendment 181 #

2009/0165(COD)

Proposal for a directive
Article 20 – paragraph 1
1. Member States shall take appropriate measures to ensure that applicants with special needsho in the opinion of the determining authority have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence as described in Article 21 of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers (the Reception Conditions Directive)] are given the opportunity and support to present the elements of an application as completely as possible and with all available evidence. Where needed, they shall be granted time extensions to enable them to submit evidence or take other necessary steps in the procedure.
2011/01/24
Committee: LIBE
Amendment 182 #

2009/0165(COD)

Proposal for a directive
Article 20 – paragraph 2
2. In cases where the determining authority consider that an applicant has been subjected to torture, rape or other serious forms of psychological, physical or sexual violence as described in Article 21 of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers (the Reception Conditions Directive)], the applicant shall be granted sufficient time and relevant support to prepare for a personal interview on the substance of his/her application.deleted
2011/01/24
Committee: LIBE
Amendment 184 #

2009/0165(COD)

Proposal for a directive
Article 20 – paragraph 3
3. Article 27 (6) and (7) shall not apply to the applicants referred to in paragraph 2.deleted
2011/01/24
Committee: LIBE
Amendment 191 #

2009/0165(COD)

Proposal for a directive
Article 21 – paragraph 3 – point a
(a) If an unaccompanied minor has a personal interview on his/her application for international protection as referred to in Articles 13, 14 and 15 that interview is conducted by a person who has the necessary knowledge of the special needs and rights of minors;
2011/01/24
Committee: LIBE
Amendment 192 #

2009/0165(COD)

Proposal for a directive
Article 21 – paragraph 3 – point b
(b) an official with the necessary knowledge of the special needs and rights of minors prepares the decision by the determining authority on the application of an unaccompanied minor.
2011/01/24
Committee: LIBE
Amendment 200 #

2009/0165(COD)

Proposal for a directive
Article 21 – paragraph 5 – subparagraph 2
Any medical examination shall be performed in full respect of the individual's dignity, selecting the less invasive exams and carried out by qualified and impartial medical experts.
2011/01/24
Committee: LIBE
Amendment 201 #

2009/0165(COD)

Proposal for a directive
Article 21 – paragraph 5 – subparagraph 3 – point a
(a) unaccompanied minors are informed prior to the examination of their application for international protection , and in a language which they may reasonably be supposed to understand, of the possibility that their age may be determined by medical examination. This shall include information on the method of examination and the possible consequences of the result of the medical examination for the examination of the application for international protection , as well as the consequences of refusal on the part of the unaccompanied minor to undergo the medical examination;
2011/01/24
Committee: LIBE
Amendment 206 #

2009/0165(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1
1. When there is reasonable cause to consider that an applicant for international protection has implicitly withdrawn or abandoned his/her application for international protection, Member States shall ensure that the determining authority takes a decision either to discontinue the examination or to reject the application on the basis that the applicant has not established an entitlement to refugee status in accordance with Directive 2004/83/EC.
2011/01/24
Committee: LIBE
Amendment 208 #

2009/0165(COD)

Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1
2. Member States shall ensure that the applicant who reports again to the competent authority after a decision to discontinue as referred to in paragraph 1 of this Article is taken, is entitled to request that his/her case be reopened unless the request is examined in accordance with Articles 32 and 34.
2011/01/24
Committee: LIBE
Amendment 211 #

2009/0165(COD)

Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1 a (new)
Member States may provide for a time limit after which the applicant’s case may no longer be re-opened.
2011/01/24
Committee: LIBE
Amendment 219 #

2009/0165(COD)

Proposal for a directive
Article 27 – paragraph 5 – point b
(b) where the applicant has special needs, in particular unaccompanied minors;
2011/01/24
Committee: LIBE
Amendment 222 #

2009/0165(COD)

Proposal for a directive
Article 27 – paragraph 6 – point a a (new)
(aa) the applicant clearly does not qualify as a refugee or for refugee status in a Member State under Directive […./../EC] [the Qualification Directive]; or
2011/01/24
Committee: LIBE
Amendment 225 #

2009/0165(COD)

Proposal for a directive
Article 27 – paragraph 6 – point c a (new)
(ca) the applicant has filed another application for asylum stating other personal data with a different content; or
2011/01/24
Committee: LIBE
Amendment 226 #

2009/0165(COD)

Proposal for a directive
Article 27 – paragraph 6 – point d a (new)
(da) the applicant has made clearly inconsistent, contradictory, improbable, insufficient or false representations which make his/her claim clearly unconvincing in relation to his/her having been the object of persecution referred to in Directive […./../EC] [the Qualification Directive]; or
2011/01/24
Committee: LIBE
Amendment 227 #

2009/0165(COD)

Proposal for a directive
Article 27 – paragraph 6 – point d b (new)
(db) the applicant has submitted a subsequent application which clearly does not raise any relevant new elements with respect to his/her particular circumstances or to the situation in his/her country of origin; or
2011/01/24
Committee: LIBE
Amendment 228 #

2009/0165(COD)

Proposal for a directive
Article 27 – paragraph 6 – point d c (new)
(dc) the applicant has failed without reasonable cause to make his/her application earlier, having had opportunity to do so; or
2011/01/24
Committee: LIBE
Amendment 230 #

2009/0165(COD)

Proposal for a directive
Article 27 – paragraph 6 – point f a (new)
(fa) the applicant has failed without good reason to comply with his/her obligations to cooperate in the examination of the facts of his/her case and the establishment of his/her identity referred to in Article 4(1) and (2) of Directive […/../EC] [the Qualification Directive] or in Article 12(1) and (2)(a), (b) and (c) and Article 24(1) of this Directive; or
2011/01/24
Committee: LIBE
Amendment 231 #

2009/0165(COD)

Proposal for a directive
Article 27 – paragraph 6 – point f b (new)
(fb) the applicant entered the territory of the Member State unlawfully or prolonged his/her stay unlawfully and, without good reason, has either not presented himself/herself to the authorities and/or filed an application for asylum as soon as possible, given the circumstances of his/her entry; or
2011/01/24
Committee: LIBE
Amendment 232 #

2009/0165(COD)

Proposal for a directive
Article 27 – paragraph 6 – point f c (new)
(fc) the applicant may for serious reasons be considered a danger to the national security of the Member State, or the applicant has been forcibly expelled for serious reasons of public security and public order under national law.
2011/01/24
Committee: LIBE
Amendment 255 #

2009/0165(COD)

Proposal for a directive
Article 35 – paragraph 2 – point a
(a) after his/her previous application has been withdrawn or abandoned by virtue of Article 23;
2011/01/24
Committee: LIBE
Amendment 262 #

2009/0165(COD)

Proposal for a directive
Article 36 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) set an appropriate period within which the applicant must submit the new information after learning thereof;
2011/01/24
Committee: LIBE
Amendment 282 #

2009/0165(COD)

Proposal for a directive
Article 41 – paragraph 9
9. Member States shallmay lay down time- limits for the court or tribunal pursuant to paragraph 1 to examine the decision of the determining authority.
2011/01/24
Committee: LIBE
Amendment 283 #

2009/0165(COD)

Proposal for a directive
Article 45
No later than […], the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments that are necessary. Member States shall send the Commission all the information that is appropriate for drawing up this report. After presenting the report, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States at least every fivetwo years.
2011/01/24
Committee: LIBE
Amendment 284 #

2009/0165(COD)

Proposal for a directive
Article 45
No later than […], the Commission shall report to the European Parliament and the Council on the application and the financial cost of this Directive in the Member States and shall propose any amendments that are necessary. Member States shall send the Commission all the information and financial data that is appropriate for drawing up this report. After presenting the report, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States at least every five years.
2011/01/24
Committee: LIBE
Amendment 15 #

2009/0164(COD)

Proposal for a directive
Title
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on minimum standards for the qualification and status of third country nationals or stateless persons as beneficiaries ofrefugees and persons who otherwise need international protection and the content of the protection granted
2010/10/27
Committee: LIBE
Amendment 20 #

2009/0164(COD)

Proposal for a directive
Recital 18
(18) It is necessary to broaden the notion of family members, taking into account the different particular circumstances of dependency and the special attention to be paid to best interests of the child.deleted
2010/10/27
Committee: LIBE
Amendment 21 #

2009/0164(COD)

Proposal for a directive
Recital 25
(25) Protection can be provided not only by the State but also by parties or organisations, including international organisations, meeting the conditions of this Directive, which control a region or a larger area within the territory of the State and are willing and able to enforce the rule of law. Such protection should be effective and of a durable nature.
2010/10/27
Committee: LIBE
Amendment 28 #

2009/0164(COD)

Proposal for a directive
Recital 36 a (new)
(36a) Family members of beneficiaries of subsidiary protection status need not necessarily be granted the same benefits; however, the benefits granted to such family members must be proportionate to those granted to beneficiaries of subsidiary protection status.
2010/10/27
Committee: LIBE
Amendment 29 #

2009/0164(COD)

Proposal for a directive
Recital 37
(37) It is necessary to ensure full respect for the principle of non-discrimination, while responding to the call of the Hague programme for the establishment of a uniform status. To that effect, and with the exception of derogations which are. Where this is necessary and objectively justified, beneficiaries of subsidiary protection should be granted the same rights and benefits as refugees, and should be subject to the same conditions of eligibility. At the same time, pursuant to Article 78(2)(a) and (b) of the Treaty on the Functioning of the European Union, it must remain possible to make a distinction between a uniform status of asylum and a uniform status of subsidiary protection.
2010/10/27
Committee: LIBE
Amendment 31 #

2009/0164(COD)

Proposal for a directive
Recital 43
(43) Especially to avoid social hardship, it is appropriate, for beneficiaries of internationalrefugee or subsidiary protection status, to provide without discrimination in the context of social assistance the adequate social welfare and means of subsistence.
2010/10/27
Committee: LIBE
Amendment 32 #

2009/0164(COD)

Proposal for a directive
Recital 43 a (new)
(43a) With regard to social assistance and healthcare, the arrangements for and details of the provision of core benefits should be determined by national law. The possibility of limiting the benefits for beneficiaries of subsidiary protection status to core benefits is to be understood on the basis that this concept covers at least minimum income support, assistance in case of illness and pregnancy and parental assistance, in so far as they are granted to nationals in accordance with the laws of the Member State concerned.
2010/10/27
Committee: LIBE
Amendment 40 #

2009/0164(COD)

Proposal for a directive
Article 2 – point j – indent 3
- the married minor children of the couples referred to in the first indent or of the beneficiary of international protection, regardless of whether they were born in or out of wedlock or adopted as defined under the national law, where it is in their best interests to reside in the same country as the beneficiary;deleted
2010/10/27
Committee: LIBE
Amendment 41 #

2009/0164(COD)

Proposal for a directive
Article 2 – point j – indent 4
- the father, mother or another adult relative responsible for the beneficiary of international protection whether by law or by custom, when the latter is a minor and unmarried, or when he/she is a minor and married but it is in his/her best interests to reside in the same country as his/her father, mother or other adult relative responsible;deleted
2010/10/27
Committee: LIBE
Amendment 42 #

2009/0164(COD)

Proposal for a directive
Article 2 – point j – indent 5
- the minor unmarried siblings of the beneficiary of international protection, when the latter is a minor and unmarried, or when the beneficiary of international protection or his/her siblings are minors and married but it is in the best interests of one or more of them that they reside in the same country;deleted
2010/10/27
Committee: LIBE
Amendment 49 #

2009/0164(COD)

Proposal for a directive
Article 7 – paragraph 1 – point b
(b) parties or organisations, including international organisations, controlling the State or a substantial part of the territory of the State and which are willing and able to enforce the rule of law.
2010/10/27
Committee: LIBE
Amendment 57 #

2009/0164(COD)

Proposal for a directive
Article 8 – paragraph 2 a (new)
2 a. Paragraph 1 shall apply notwithstanding technical obstacles to returning to the country of origin.
2010/10/27
Committee: LIBE
Amendment 65 #

2009/0164(COD)

Proposal for a directive
Article 11 – paragraph 3
3. Points (e) and (f) of paragraph 1 shall not apply to a refugee who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality or, being a stateless person , of the country of former habitual residence.deleted
2010/10/27
Committee: LIBE
Amendment 66 #

2009/0164(COD)

Proposal for a directive
Article 16 – paragraph 3
3. Paragraph 1 shall not apply to a beneficiary of subsidiary protection who is able to invoke compelling reasons arising out of previous serious harm for refusing to avail himself of the protection of the country of nationality or, being a stateless person with no nationality, of the country of former habitual residence.deleted
2010/10/27
Committee: LIBE
Amendment 72 #

2009/0164(COD)

Proposal for a directive
Article 20 – paragraph 5 a (new)
5a. Within the limits set by the Geneva Convention, Member States may reduce the benefits granted under this Chapter to refugees whose status has been obtained on the basis of activities engaged in for the sole or main purpose of creating the necessary conditions for recognition as a refugee.
2010/10/27
Committee: LIBE
Amendment 73 #

2009/0164(COD)

Proposal for a directive
Article 20 – paragraph 5 b (new)
5b. Within the limits set by their international obligations, Member States may reduce the benefits granted under this Chapter to beneficiaries of subsidiary protection status who have obtained that status on the basis of activities engaged in for the sole or main purpose of creating the necessary conditions for recognition as a beneficiary of subsidiary protection status.
2010/10/27
Committee: LIBE
Amendment 76 #

2009/0164(COD)

Proposal for a directive
Article 23 – paragraph 2 - subparagraph 1 a and 1 b (new)
In so far as the family members of beneficiaries of subsidiary protection status are concerned, Member States may lay down the conditions governing the granting of such benefits. In such cases, Member States shall ensure that any benefits provided guarantee an adequate standard of living.
2010/10/27
Committee: LIBE
Amendment 78 #

2009/0164(COD)

Proposal for a directive
Article 24 – subparagraph 1
As soon as possible after their status has been granted, Member States shall issue to beneficiaries of international protectionpersons granted refugee status a residence permit which must be valid for at least three years and renewable unless compelling reasons of national security or public order otherwise require, and without prejudice to Article 21(3).
2010/10/27
Committee: LIBE
Amendment 81 #

2009/0164(COD)

Proposal for a directive
Article 24 – subparagraph 2
Without prejudice to Article 23(1), the residence permit to be issued to the family members of the beneficiaries of international protectionpersons granted refugee status may be valid for less than three years and renewable.
2010/10/27
Committee: LIBE
Amendment 84 #

2009/0164(COD)

Proposal for a directive
Article 26 – paragraph 1
1. Member States shall authorise beneficiaries of international protectionpersons granted refugee status to engage in employed or self-employed activities subject to rules generally applicable to the profession and to the public service, immediately after protectionthe status has been granted.
2010/10/27
Committee: LIBE
Amendment 86 #

2009/0164(COD)

Proposal for a directive
Article 26 – paragraph 2
2. Member States shall ensure that activities such as employment-related education opportunities for adults, vocational training, including training courses for upgrading of skills, practical workplace experience and counselling services afforded by employment offices are offered to beneficiaries of international protectionpersons granted refugee status, under equivalent conditions as nationals.
2010/10/27
Committee: LIBE
Amendment 88 #

2009/0164(COD)

Proposal for a directive
Article 26 – paragraph 3 a (new)
3a. Member States shall authorise beneficiaries of subsidiary protection status to engage in employed or self- employed activities subject to the rules generally applicable to the profession and to the public service immediately after subsidiary protection status has been granted. Due account may be taken of the labour market situation in the Member States; this shall include an assessment of the justification for granting prioritisation of access to employment for a limited period, in accordance with national law. Member States shall ensure that beneficiaries of subsidiary protection status have access to posts which they have been offered in accordance with national rules on labour market prioritisation.
2010/10/27
Committee: LIBE
Amendment 89 #

2009/0164(COD)

Proposal for a directive
Article 26 – paragraph 3 b (new)
3b. Member States shall ensure that beneficiaries of subsidiary protection status have access to activities such as employment-related educational opportunities for adults, vocational training and practical workplace experience, subject to conditions they themselves lay down.
2010/10/27
Committee: LIBE
Amendment 91 #

2009/0164(COD)

Proposal for a directive
Article 29 – paragraph 1
1. Member States shall ensure that beneficiaries of internationalrefugee or subsidiary protection status receive, in the Member State that has granted such protection, the necessary social assistance, as provided to nationals of that Member State.
2010/10/27
Committee: LIBE
Amendment 94 #

2009/0164(COD)

Proposal for a directive
Article 29 – paragraph 1 a (new)
1a. By way of derogation from the general rule laid down in paragraph 1, Member States may limit social assistance granted to beneficiaries of subsidiary protection status to core benefits which shall then be provided at the same levels and subject to the same eligibility conditions as they are to nationals.
2010/10/27
Committee: LIBE
Amendment 96 #

2009/0164(COD)

Proposal for a directive
Article 30 – paragraph 1
1. Member States shall ensure that beneficiaries of internationalrefugee or subsidiary protection status have access to health care under the same eligibility conditions as nationals of the Member State that has granted such protection.
2010/10/27
Committee: LIBE
Amendment 97 #

2009/0164(COD)

Proposal for a directive
Article 30 – paragraph 1 a (new)
1a. By way of derogation from the general rule laid down in paragraph 1, Member States may limit health care granted to beneficiaries of subsidiary protection status to core benefits which shall then be provided at the same levels and subject to the same eligibility conditions as they are to nationals.
2010/10/27
Committee: LIBE
Amendment 102 #

2009/0164(COD)

Proposal for a directive
Article 32
Access to accommodation The Member States shall ensure that beneficiaries of international protection have access to accommodation under equivalent conditions as other third country nationals legally resident in their territories. Member States shall endeavour to implement policies aimed at preventing discrimination of beneficiaries of international protection and at ensuring equal opportunities regarding access to accommodation.deleted
2010/10/27
Committee: LIBE
Amendment 17 #

2009/0127(COD)

Proposal for a decision – amending act
Article 1 – point 6 a (new)
Decision No 573/2007/EC
Article 13 a (new)
(6a) The following article is inserted: "Article 13a Intra-EU resettlement of refugees and other beneficiaries of international protection Without prejudice to other specific mechanisms and initiatives concerning intra-EU reallocations and on the basis of the principle of mandatory solidarity in the resettlement of refugees already in Member States, the resettlement mechanism shall also be open and applicable to intra-EU resettlement of beneficiaries of international protection present in the territory of Member States that are faced with specific and disproportionate pressures on their national asylum systems, due in particular to their geographic position or demographic situation."
2010/03/05
Committee: LIBE
Amendment 7 #

2009/0104(CNS)

Proposal for a regulation
Recital 1
(1) The visa liberalisation dialogue initiated by the Commission with a regional approach and a European perspective, includes countries of the Western Balkans, namely Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro and Serbia on an equal footing and without any discrimination. The composition of the lists of third countries in Annexes I and II to Regulation (EC) No 539/2001 of 15 March 2001 should be, and should remain, consistent with the criteria laid down in recital (5) thereto. Some third countries, for which the situation has changed as regards these criteria, should be transferred from one Annex to the otherThe same criteria laid down in the roadmaps for visa liberalisation should be applied to all countries concerned.
2009/10/15
Committee: LIBE
Amendment 8 #

2009/0104(CNS)

Proposal for a regulation
Recital 1 a (new)
(1a) All of the Western Balkan countries that have met the benchmarks should be admitted to the visa-free travel regime from the beginning of 2010. Those countries that, despite having made substantial progress, have not fully met the benchmarks should be granted the same privilege as soon as they meet the benchmarks as set out in the corresponding roadmaps for visa liberalisation.
2009/10/15
Committee: LIBE
Amendment 11 #

2009/0104(CNS)

Proposal for a regulation
Recital 2 a (new)
(2a) With the aim of furthering the implementation of the Thessaloniki agenda and as part of its regional approach, the Commission should start a visa dialogue with Kosovo and establish a tailor-made roadmap for visa facilitation and liberalisation similar to those established with other Western Balkan countries. This should be without prejudice to Member States' competence as regards the recognition of Kosovo as an independent state.
2009/10/15
Committee: LIBE
Amendment 15 #

2009/0104(CNS)

Proposal for a regulation
Recital 4 a (new)
(4a) As regards Albania and Bosnia and Herzegovina, the Commission should, without delay and not later than in the spring of 2010, present its report on the achievements made by those two countries in meeting all the benchmarks set in the roadmap.
2009/10/15
Committee: LIBE
Amendment 16 #

2009/0104(CNS)

Proposal for a regulation
Recital 4 b (new)
(4b) Thereafter and without delay, the Commission should present a proposal for the corresponding amending regulation. Without prejudice to the legal framework under which the European Union will be operating by the spring of 2010 and the role that the European Parliament, for its part, could play, the Council commits itself to immediately finalise the corresponding Council regulation extending the visa-free travel regime to Albania and Bosnia and Herzegovina. The Council calls upon Member States and the Commission to then take all necessary legal and technical measures to ensure immediate implementation of the visa-free travel regime.
2009/10/15
Committee: LIBE
Amendment 17 #

2009/0104(CNS)

Proposal for a regulation
Recital 4 c (new)
(4c) The Council, while commending the relevant recent progress achieved by Albania and Bosnia and Herzegovina towards meeting the benchmarks, calls on the relevant Albanian and Bosnia and Herzegovina authorities to adopt, without delay, the necessary reforms to fully meet the benchmarks.
2009/10/15
Committee: LIBE
Amendment 18 #

2009/0104(CNS)

Proposal for a regulation
Recital 4 d (new)
(4d) The Council asks the Commission to assist the relevant authorities of Albania and Bosnia and Herzegovina in this respect.
2009/10/15
Committee: LIBE
Amendment 21 #

2009/0104(CNS)

Proposal for a regulation
Article 1 - paragraph 1 - point a a (new)
Regulation (EC) No 539/2001
Annex I - part 1
(aa) in Part 1, the references to Albania and Bosnia and Herzegovina are replaced by the following: "Albania**, Bosnia and Herzegovina ** ------------------- ** The exemption from the visa requirement granted to holders of biometric passports will apply in accordance with Community law"
2009/10/15
Committee: LIBE
Amendment 30 #

2009/0027(COD)

Proposal for a regulation
Article 2 - paragraph 5 a (new)
5a. The Office shall not have any direct or indirect powers in relation to the taking of decisions by Member State authorities on individual applications for international protection.
2009/04/02
Committee: LIBE
Amendment 34 #

2009/0027(COD)

Proposal for a regulation
Article 5
For Member States which are faced with specific and disproportionate pressures on their national asylum systems, due in particular to their geographical or demographic situation, the Office shall coordinate exchanges of information and all other activities related to the implementation of instruments andestablish a mechanisms for the intra- Community transfer, on a voluntary basis, of persons accorded international protection in the European Union and shall coordinate exchanges of information and all other activities relating to its implementation.
2009/04/02
Committee: LIBE
Amendment 3 #

2008/2331(INI)

Motion for a resolution
Indent 13 b (new)
- having regard to its resolution of 19 February 2009 on the proposal for a directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third-country nationals1,
2009/03/03
Committee: LIBE
Amendment 7 #

2008/2331(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas migration into Europe will always be a reality as long as there are considerable differences in wealth and quality of life between Europe and other regions of the world,
2009/03/03
Committee: LIBE
Amendment 8 #

2008/2331(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas poorly managed migration may disrupt the social cohesion of the countries of destination and may also be detrimental to countries of origin as well as to migrants themselves,
2009/03/03
Committee: LIBE
Amendment 15 #

2008/2331(INI)

Motion for a resolution
Recital C
C. whereas Europe’s migration policies must comply with the norms of international law, particularly those that concern human rights, human dignity and rights to asylum., extraterritorial jurisdiction and rights and obligations of the Coastal State,
2009/03/03
Committee: LIBE
Amendment 21 #

2008/2331(INI)

Motion for a resolution
Paragraph 2
2. Considers that a common immigration policy also necessarily requires the establishment of a common asylum policy and welcomes the report on the future of the European Common Asylum System (CEAS) and the Commission proposal for a regulation to establish a European Asylum Support Office;
2009/03/03
Committee: LIBE
Amendment 33 #

2008/2331(INI)

Motion for a resolution
Paragraph 5 c (new)
5c. Welcomes the institutional implications of the Lisbon Treaty, in particular the extension of codecision and qualified majority voting to all immigration policies, the clarification of EU competence on visas and border controls, the extension of EU competence on asylum as well as the extension of EU competence in respect of legal and illegal immigration;
2009/03/03
Committee: LIBE
Amendment 34 #

2008/2331(INI)

Motion for a resolution
Paragraph 5 d (new)
5d. Considers that the development of a common immigration policy would benefit from an increased and regular consultation with civil society organisations, including migrant organisations;
2009/03/03
Committee: LIBE
Amendment 50 #

2008/2331(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Supports the development of national "Immigration Profiles" with the purpose of giving an integrated picture of the situation of immigration within each Member State at any given moment, with labour market needs being a central aspect of these profiles;
2009/03/03
Committee: LIBE
Amendment 66 #

2008/2331(INI)

Motion for a resolution
Paragraph 10 c (new)
10c. Supports measures to bring unemployed and inactive third-country nationals who are legally residing in EU Member States into employment, with a particular focus on women;
2009/03/03
Committee: LIBE
Amendment 70 #

2008/2331(INI)

Motion for a resolution
Paragraph 11
11. Supports integration efforts of legal migrants as well as beneficiaries of international protection, taking into account respect for the identity and values of the EU and its Member States, including the respect for human rights, the rule of law, democracy, tolerance and equality; acknowledges that integration is more difficult to achieve in countries which are facing significant migratory pressures; and therefore calls on other Member States to contribute towards alleviating such pressures in a spirit of solidarity, thereby facilitating the integration of beneficiaries of international protection who are within the EU Member States, in parallel with the promotion of legal migration;
2009/03/03
Committee: LIBE
Amendment 80 #

2008/2331(INI)

Motion for a resolution
Paragraph 12
12. Stresses that integration should be based on social inclusion, anti- discrimination, equal opportunities, education, intercultural dialogue and diversity management in schools and the workplace; acknowledges the key role that local and regional authorities could play in achieving these aims;
2009/03/03
Committee: LIBE
Amendment 85 #

2008/2331(INI)

Motion for a resolution
Paragraph 12 c (new)
12c. Encourages the development of mutual learning mechanisms and the exchange of best practices between Member States in order to strengthen the ability of host countries to manage increasing diversity and also a system of common indicators and adequate statistical capacity to be used by Member States to evaluate immigration policy outcomes;
2009/03/03
Committee: LIBE
Amendment 104 #

2008/2331(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls for an assessment on the feasibility of an integrated four-tier approach, whereby checks would be carried out systematically at each stage when immigrants are travelling to the Union;
2009/03/03
Committee: LIBE
Amendment 122 #

2008/2331(INI)

Motion for a resolution
Paragraph 18
18. Considers that despite repeated increases in its budgetary means at the insistence of Parliament, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) is still far from providing an effective co-ordination of control efforts at the Union’s external borders, largely because of a lack of effort in engaging third countries especially in so far as maritime operations are concerned;
2009/03/03
Committee: LIBE
Amendment 124 #

2008/2331(INI)

Motion for a resolution
Paragraph 19
19. Welcomes the Commission’s initiative for a proposal to review the mandate of FRONTEX and considers that its reinforcement is urgently required, in particular by extending its opercoordinational capacity and its ability to undertakcoordinate permanent missions in areas which face high migratory pressures' and its ability to engage with third countries; believes that emphasis should also be placed on increasing FRONTEX's risk analysis and intelligence gathering capacity;
2009/03/03
Committee: LIBE
Amendment 127 #

2008/2331(INI)

Motion for a resolution
Paragraph 20
20. Considers that FRONTEX requires adequate resources, not just financial ones, if it is to fulfil its mandate in a meaningful manner and calls for the deployment of new technologies to combat illegal immigration, on Member States to increase the pooling of technical means and on the Commission to bring forward legislative proposals to establish compulsory solidarity for the Central Record of Available Technical Equipment (CRATE) on the same basis as that envisaged for the Rapid Border Intervention Teams (RABITs);
2009/03/03
Committee: LIBE
Amendment 131 #

2008/2331(INI)

Motion for a resolution
Paragraph 21
21. Calls on FRONTEX and the Commission to carry out a study, with estimates, on the possibility of FRONTEX acquiring its own equipment and on the possible transformation of FRONTEXrequirements for the possible upgrade of FRONTEX operations at sea into an EU coast guard;
2009/03/03
Committee: LIBE
Amendment 137 #

2008/2331(INI)

Motion for a resolution
Paragraph 22
22. Considers that FRONTEX can only be fully effective if efforts are intensified on complementary actions, such as readmission and cooperation with third countries; calls on the Commission to support FRONTEX in this regard, bilateral agreements on shared border management with third countries and other types of cooperation with third countries; calls on the Commission to support FRONTEX in this regard and to concentrate on third countries that are known to be a major source or transit point of illegal immigration;
2009/03/03
Committee: LIBE
Amendment 141 #

2008/2331(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Notes that differences in the interpretation of legal terms, the interpretation of the international laws of the sea and differences in national legislation and procedures, have all hampered FRONTEX operations; calls for comprehensive studies to be carried out in order to seek a common approach and to sort out conflicting differences between national legislation and procedures;
2009/03/03
Committee: LIBE
Amendment 142 #

2008/2331(INI)

Motion for a resolution
Paragraph 23 b (new)
23b. Calls for further and constant cooperation between FRONTEX and national bodies and agencies;
2009/03/03
Committee: LIBE
Amendment 143 #

2008/2331(INI)

Motion for a resolution
Paragraph 23 c (new)
23c. Calls for further developments on the concept of a European Border Surveillance System (EUROSUR) also by improving coordination between Member States;
2009/03/03
Committee: LIBE
Amendment 144 #

2008/2331(INI)

Motion for a resolution
Paragraph 23 d (new)
23d. Notes that fishermen, private vessels and private workers at sea often encounter illegal immigrants before a country's naval forces; stresses the need to inform such parties more clearly about their international law obligations to aid immigrants in distress and calls for a mechanism of compensation for lost work as a result of rescue operations;
2009/03/03
Committee: LIBE
Amendment 146 #

2008/2331(INI)

Motion for a resolution
Paragraph 24
24. Recalls that illegal immigration is often operated by criminal networks which have, so far, proved to be more effective than common European action; is convinced that this cynicalsuch network iss are responsible for the death of hundreds of people whose lives are lost at sea every year; calls, therefore, on the Commission and on Council to redouble their efforts in the fight against organised crime and, human trafficking and smuggling which occur in various parts of the EU;
2009/03/03
Committee: LIBE
Amendment 152 #

2008/2331(INI)

Motion for a resolution
Paragraph 24 c (new)
24c. Welcomes the adoption of the new Directive on sanctions against employers of illegally staying third-country nationals and considers it as an effective tool in curbing the exploitation of migrant workers and to reduce the attractiveness of one of the main pull factors for illegal immigration;
2009/03/03
Committee: LIBE
Amendment 157 #

2008/2331(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Calls for a system of Return Counselling Services to be established in closed and open accommodation centres, serving as a contact point for persons wishing to learn more about return assistance;
2009/03/03
Committee: LIBE
Amendment 169 #

2008/2331(INI)

Motion for a resolution
Paragraph 28 b (new)
28b. Calls for a European laissez-passer system to facilitate the return of undocumented migrants;
2009/03/03
Committee: LIBE
Amendment 174 #

2008/2331(INI)

Motion for a resolution
Paragraph 30
30. Welcomes the commitments made by Member States in the above-mentioned European Pact on Immigration and Asylum in relation to the need for solidarity; welcomes in particular the inclusion of a voluntary burden-sharing mechanism which enables the intra-EU reallocation of beneficiaries of international protection from Member States which are faced with specific and disproportionate pressures on their national asylum systems, due in particular to their geographical or demographic situation, to other Member States, and calls on the Member States to implement these commitments; welcomes also the allocation of EUR 5 million in the EU’s 2009 budget for this purpose under the European Refugee Fund; calls on the Commission to implement this mechanism forthwith and to propose immediately a legislative initiative to establish such a mechanism at European level on a permanent basis;
2009/03/03
Committee: LIBE
Amendment 192 #

2008/2331(INI)

Motion for a resolution
Paragraph 33 a (new)
33a. Calls for support for third countries in developing their national legislative framework and establishing immigration and asylum systems with full respect for international law and also calls on third countries of transit to sign and respect the 1951 Geneva Convention relating to the Status of Refugees;
2009/03/03
Committee: LIBE
Amendment 194 #

2008/2331(INI)

Motion for a resolution
Paragraph 33 c (new)
33c. Calls for a strengthening of cooperation with the International Organisation for Migration (IOM) and other international organisations in the establishment of new regional offices in sensitive areas where practical assistance concerning, inter alia, legal migration or voluntary return of immigrants, is required;
2009/03/03
Committee: LIBE
Amendment 195 #

2008/2331(INI)

Motion for a resolution
Paragraph 33 d (new)
33d. Calls on the Commission to intensify awareness programmes in countries of transit and of origin on the dangers of illegal immigration;
2009/03/03
Committee: LIBE
Amendment 197 #

2008/2331(INI)

Motion for a resolution
Paragraph 34 b (new)
34b. Calls for implementation of the policy instruments developed within the framework of the "Global Approach to Migration"1 as well as the 2006 "Rabat Process" on migration and development and the EU Africa Partnership on Migration, Mobility and Employment agreed in Lisbon in December 2007;
2009/03/03
Committee: LIBE
Amendment 21 #

2008/2305(INI)

Motion for a resolution
Paragraph 14
14. Considers that, when the Dublin regulation is revised, provision should be made for a mechanism to freeze transfers to Member States that are not in a position to deal adequately with requests owing to their limited reception capacities or which are facing disproportionate pressures particularly due to their geographical and demographic circumstances;
2009/01/08
Committee: LIBE
Amendment 31 #

2008/2305(INI)

Motion for a resolution
Paragraph 22
22. Stresses the need to improve access for beneficiaries of subsidiary protection to social and economic rights, given that this is essential to their integration;deleted
2009/01/08
Committee: LIBE
Amendment 33 #

2008/2305(INI)

Motion for a resolution
Paragraph 24
24. Takes the view that solidarity cannot be confined to the granting of financial resources and that provision should be made forcalls for the effective implementation of internal resettlement and relocation mechanisms which, on a voluntary basis, as envisaged by the European Pact on Immigration and Asylum. This would enable beneficiaries of international protection to be received by a Member State other than the country which has granted them the benefit of that protection;
2009/01/08
Committee: LIBE
Amendment 1 #

2008/2157(INI)

Proposal for a recommendation
Recital A a (new)
Aa. whereas the challenge of illegal immigration is a common European challenge and therefore requires a common European policy;
2008/10/21
Committee: LIBE
Amendment 11 #

2008/2157(INI)

Proposal for a recommendation
Recital F a (new)
Fa. whereas Parliament has consistently supported the Agency and has voted to increase its budget significantly in order to enable it to have sufficient financial resources to carry out its tasks;
2008/10/21
Committee: LIBE
Amendment 13 #

2008/2157(INI)

Proposal for a recommendation
Recital F b (new)
Fb. whereas the Agency has embarked upon maritime missions off the coast of the Southern Member States, the success of which has varied depending on the level of co-operation of the third countries from which the immigrants depart; whereas the Hera mission off the Canary Islands has been successful and has led to a significant reduction in the number of arrivals, however the Nautilus mission in the central Mediterranean area has not been effective since the number of arrivals has increased rather than decreased;
2008/10/21
Committee: LIBE
Amendment 14 #

2008/2157(INI)

Proposal for a recommendation
Recital F c (new)
Fc. whereas immigration hotspots in the Southern maritime regions require continuous patrolling by maritime missions that are deployed on a permanent basis;
2008/10/21
Committee: LIBE
Amendment 17 #

2008/2157(INI)

Proposal for a recommendation
Recital I
I. whereas the humanitarian dimension of the action of FRONTEX must be enhanced by ensuring maximum legal certainty, in the context both of rescue operations it has to carry out and of joint returns operations to which it has to contribute,
2008/10/21
Committee: LIBE
Amendment 21 #

2008/2157(INI)

Proposal for a recommendation
Recital K a (new)
Ka. whereas return operations are a key task of FRONTEX and it is necessary for their frequency and intensity to be stepped up;
2008/10/21
Committee: LIBE
Amendment 24 #

2008/2157(INI)

Proposal for a recommendation
Paragraph 1 a (new)
1a. Considers FRONTEX Agency as an essential instrument in the EU’s global strategy on immigration and calls on the Commission to present proposals to review the mandate of the Agency in order to strengthen its role and make it more effective;
2008/10/21
Committee: LIBE
Amendment 25 #

2008/2157(INI)

Proposal for a recommendation
Paragraph 2
2. Stresses the importance of being aware of the absolute necessity for FRONTEX to be able to count on the availability of the resources placed at its disposal by the Member States, both for itsnotably, through CRATE, both for its coordination of the individual joint operations and for its permanent missions; regrets that Member States have not so far demonstrated sufficient willingness to provide the necessary assets to the Agency and calls upon them to do so;
2008/10/21
Committee: LIBE
Amendment 26 #

2008/2157(INI)

Proposal for a recommendation
Paragraph 2 a (new)
2a. Welcomes the adoption of the European Immigration and Asylum Pact by the European Council and its calls for the strengthening of the Agency;
2008/10/21
Committee: LIBE
Amendment 33 #

2008/2157(INI)

Proposal for a recommendation
Paragraph 4
4. Calls for the establishment of permanent and uninterrupted operational joint surveillance patrols all year round in all high-risk areas, particularly at sea borders;
2008/10/21
Committee: LIBE
Amendment 37 #

2008/2157(INI)

Proposal for a recommendation
Paragraph 5
5. Calls on the Member States to commit themselves as soon as possible to giving concrete expression to this solidarity principle, particularly by increasing the various material resources it makes available to the Agency, especially in terms of surface assets, and by guaranteeing that they will be unconditionally available in practice in a timely manner;
2008/10/21
Committee: LIBE
Amendment 39 #

2008/2157(INI)

Proposal for a recommendation
Article 6
6. Calls on FRONTEX to send a report to the Council and the European Parliament, detailing in particular the actual use and real availability of the materials listed in the CRATE database, highlighting any difficulties encountered and providing full information on which Member States are providing assets and which ones are not;
2008/10/21
Committee: LIBE
Amendment 41 #

2008/2157(INI)

Proposal for a recommendation
Article 7
7. Calls on the Member States, in the event of persistent insufficient availability of resources, to take a rapid decision on altering the scale of FRONTEX's budget to enable it to rent or purchase its own material to carry out its missions;
2008/10/21
Committee: LIBE
Amendment 44 #

2008/2157(INI)

Proposal for a recommendation
Paragraph 9
9. Welcomes the major cooperation efforts achieved by almost all the third countries with which FRONTEX has been called upon to cooperate on a day-to-day basis, and which have led to very positive results, for example in the Canary Islands; regrets, however, that co-operation on immigration is still lacking in other cases, such as with Turkey and with Libya;
2008/10/21
Committee: LIBE
Amendment 48 #

2008/2157(INI)

Proposal for a recommendation
Paragraph 10 a (new)
10a. Calls on the Commission and on Member States to redouble their efforts to achieve a higher level of co-operation from third countries, notably through the negotiation of readmission agreements; considers that immigration should be an intrinsic part of any negotiations of agreements with third countries which are countries of origin or countries of transit;
2008/10/21
Committee: LIBE
Amendment 52 #

2008/2157(INI)

Proposal for a recommendation
Paragraph 10 b (new)
10b. Calls for FRONTEX's competences to be extended so that it can be encouraged to carry out projects and operations in third countries, inter alias in order to strengthen the effectiveness of working agreements and identify the needs for capacity building with regard to border management in third-countries.
2008/10/21
Committee: LIBE
Amendment 53 #

2008/2157(INI)

Proposal for a recommendation
Paragraph 10 c (new)
10c. Calls on FRONTEX to strengthen and take up its key role in supporting joint return operations and all the aspects involved in these procedures, and, in a spirit of solidarity, calls on Member States to involve FRONTEX when planning and organising joint return flights and identifying the need for joint returns;
2008/10/21
Committee: LIBE
Amendment 69 #

2008/2157(INI)

Proposal for a recommendation
Paragraph 16
16. Urges, therefore, that work begin without delay on the upgrading of the national surveillance systems and their interconnection as a network, and that – in the interest of coherence – FRONTEX be given the task of assembling the available tools, and in particular of managing the secure web-based Information and Coordination Network for Member States’ Migration Management Services (ICONET) and of resuming the work of the Centre for Information, Discussion and Exchange on the Crossing of Frontiers and Immigration (CIREFI); also insists on the need to further the Agency’s cooperation on risk analysis with other European agencies as well as with other international bodies and third country border control authorities;.
2008/10/21
Committee: LIBE
Amendment 70 #

2008/2157(INI)

Proposal for a recommendation
Paragraph 16 a (new)
16a. Insists on the need to further the Agency’s cooperation on risk analysis with Europol and other European agencies as well as with other international bodies and third country border control authorities, especially in the context of breaking international trafficking rings and bringing to justice persons involved in the trafficking of illegal immigrants; also considers it essential that there be a mechanism enabling Frontex to transfer key intelligence to those who can make best use of it.
2008/10/21
Committee: LIBE
Amendment 73 #

2008/2157(INI)

Proposal for a recommendation
Paragraph 18
18. Stresses the importance of incorporating into the EU’s global border management system, the proposed new European border control systems: the Electronic System for Travel Authorisation (ESTA), the entry/exit registration system, fast-tracking, biometric applications, including in coastal patrols etc.;
2008/10/21
Committee: LIBE
Amendment 79 #

2008/2157(INI)

Proposal for a recommendation
Paragraph 20
20. Calls on the Agency to inform the European Parliament on agreements signed with third countries and on the state of play of negotiations going on with other third countries, to present tactical assessments focused on particular border regions, and to publish evaluation reports on joint operations and other coordinated missions;
2008/10/21
Committee: LIBE
Amendment 7 #

2008/2126(INI)

Motion for a resolution
Recital F
F. whereas Directive 2005/29/EC on unfair business-to-consumer commercial practices prohibits the practice of "including in marketing material an invoice or similar document seeking payment which gives the consumer the impression that he has already ordered the marketed product when he has not"; whereas, however, that Directive does not apply to business-to- business misleading practices and therefore, in its current form, cannot be relied upon to help the petitioners,
2008/10/17
Committee: PETI
Amendment 10 #

2008/2126(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas Directive 2005/29/EC does not preclude Member States from extending its application also to businesses through national law; whereas, however, this leads to differing levels of protection for businesses which are victims of misleading business directories in different Member States,
2008/10/17
Committee: PETI
Amendment 12 #

2008/2126(INI)

Motion for a resolution
Recital G
G. whereas Regulation (EC) 2006/2004 on co-operation between national authorities responsible for the enforcement of consumer protection laws defines “intra- Community infringement” as “any act or omission contrary to the laws that protect consumers’ interests … that harms, or is likely to harm, the collective interests of consumers residing in a Member State or Member States other than the Member State where the act or omission originated or took place, or where the responsible seller or supplier is established, or where evidence or assets pertaining to the act or omission are to be found”; whereas, however, that Directive does not apply to business-to-business misleading practices and therefore, in its current form, cannot be relied upon either to help the petitioners,
2008/10/17
Committee: PETI
Amendment 31 #

2008/2126(INI)

Motion for a resolution
Paragraph 13
13. Welcomes the example set by Austria which has introduced a specific prohibition in its national legislation on misleading business directories, and calls on the Commission to consider, in the light of the cross- border nature of this problem, a new legislative initiativeto propose legislation to extend the scope of Directive 2005/29/EC, based on the Austrian model, whichin a way that specifically prohibits advertising in business directories unless prospective clients are unequivocally and by clear graphical means informed that such advertisement is solely an offer for a contract against payment;
2008/10/17
Committee: PETI
Amendment 32 #

2008/2126(INI)

Motion for a resolution
Paragraph 15
15. Regrets that Regulation (EC) 2006/2004 on co-operation between national authorities responsible for the enforcement of consumer protection laws hais not been sufficiently used, and calls on the Commission to step up its monitoring of the implementation of this Regulation and to ask national authorities to make more frequent use of this legal instrument which could provide a remedy in cases of intra-Community infringementsapplicable to business-to-business transactions and therefore cannot be relied upon as a means of combating misleading business directories; calls on the Commission to propose legislation to extend its application accordingly;
2008/10/17
Committee: PETI
Amendment 45 #

2008/2055(INI)

Motion for a resolution
Paragraph 12
12. Is convinced that more flexibility within and across headings is an absolute necessity forcan help in the functioning capacities of the Union not only to face the new challenges of the EU but also to facilitate the decision-making process within the Institutions; expects the Commission in its forthcoming proposals, based on Declaration No 1 of the IIA of 17 May 2006, to take relevant initiatives in this sense;
2009/02/16
Committee: BUDG
Amendment 61 #

2008/2055(INI)

Motion for a resolution
Paragraph 16
12. Considers that providing the Union with the means to fulfil its political ambition in the areas of energy security and, in particular interconnection of isolated Member States, and the fight against climate change should be part of a short- term review, independent of the entry into force of the Treaty of Lisbon; is ready to examine the possibility of the creation of a specific fund for that purpose;
2009/02/16
Committee: BUDG
Amendment 66 #

2008/2055(INI)

Motion for a resolution
Paragraph 17
17. Reiterates its readiness to enter into negotiations with the Council on the Commission proposals to finance energy and network projects (broadband)projects, in particular interconnection of isolated Member States, and broadband projects in the context of the EU Recovery Plan;
2009/02/16
Committee: BUDG
Amendment 1 #

2008/2028(INI)

Motion for a resolution
Visa 2
- having regard to its previous resolutions on the deliberations of the Committee on Petitions, notably its resolution of 21 June 2007 on the results of the fact-finding mission to the regions of Andalucía, Valencia and Madrid conducted on behalf of the Committee on Petitions,
2008/07/02
Committee: PETI
Amendment 3 #

2008/2028(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas in accordance with the treaty EU citizens have the right to petition the European Parliament but they may also channel their complaints to other EU institutions or organs, notably the European Commission and the European Ombudsman; and whereas privacy must be accorded to the petitions process,
2008/07/02
Committee: PETI
Amendment 14 #

2008/2028(INI)

Motion for a resolution
Recital S
S. whereas in 2007, when the membership of the Committee on Petitions was increased from 25 to 40, Parliament registered 1 506 petitions (representing a 50% increase compared to 2006), of which 1 089 were declared admissible; 324 of the petitions declared admissible were closed without any deliberation in committee in the light of decisions previously taken on similar petitions; 42 petitions declared admissible were closed without deliberation in committee under the written procedure; 145 petitions of the petitions declared admissible concerned problems related with the EU's Internet Market,
2008/07/02
Committee: PETI
Amendment 19 #

2008/2028(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the close collaboration between the Committee on Petitions and its secretariat and the services of the Commission and the Ombudsman and the climate of cooperation that exists between the institutions which seek to respond to the concerns of Europe's citizens; firmly believes, however, that priority should be accorded to enabling the Committee on Petitions itself to further enhance its own independent investigatory facilities, notably through the reinforcement of its secretariat; undertakes to further streamline internal procedures of the Petitions Committee in order to facilitate the petitions process further, notably with respect to the timeframe within which petitions are determined, their admissibility, investigation and follow-up, the organisation of committee meetings, the cooperation with other parliamentary committees which may have an interest or competence on certain petitions, and committee initiatives such as fact-finding missions;
2008/07/02
Committee: PETI
Amendment 22 #

2008/2028(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Calls on the Secretary General to embark on negotiations with the European Commission and the European Ombudsman with the task of coordinating better their work on complaints in a way that facilitates, simplifies and streamlines the complaint procedures and make them more transparent and expeditious; calls on the Secretary General to report back to the Petitions Committee within six months;
2008/07/02
Committee: PETI
Amendment 23 #

2008/2028(INI)

Motion for a resolution
Paragraph 4
4. SupportsUrges the Secretary-General to start urgently proceeding in view of the formalisation of a procedure whereby certainthe petitions in the field of the internal market can bare transferred to the SOLVIT network with the aim to shorten significantly the petitions proceedings in the field of Internal Market issues such as car taxes, recognition of professional qualifications, residents permits, border controls and access to education, while preserving Parliament's right to examine the issue should a satisfactory solution not be found through SOLVIT;
2008/07/02
Committee: PETI
Amendment 24 #

2008/2028(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Reiterates once again the need for greater involvement on the part of Council and the Permanent Representatives Offices of the Member States in the activities of the Committee and urges them to increase their presence and participation in the interests of the citizens;
2008/07/02
Committee: PETI
Amendment 32 #

2008/2028(INI)

Motion for a resolution
Paragraph 11
11. Urges the Commission, when dealing with petitions and complaints related to environmental policy – which is the predominant concern of petitioners in the EU (more than one-third of petitions concerning the environment in 2007 came from Spain) – to be more ready to act to prevent breaches of EU law, rather than waiting for EU law to be infringed as is so often the case according to the many responses received by the Committee on Petitions on specific matters of concerone of the predominant concerns of petitioners in to he EU citizens; notes that the "precautionary principle" has noinsufficient practical legal force and is too often ignored by responsible authorities in Member States who nevertheless are under an obligation to apply the EC Treaty;
2008/07/02
Committee: PETI
Amendment 35 #

2008/2028(INI)

Motion for a resolution
Paragraph 12
12. Regrets the lack of support given to the Committee on Petitions by the Commission when, as a result of fact-finding visits in particular, compelling evidence is obtained concerning failure to respect citizen's rights as enshrined in the Treaty, or failure to apply legislation designed to protect the environment (notably where large infrastructure projects are planned involving significant financial interests), and calls for new procedures to be established which allow Parliament to bring such cases directly before the Court of Justice;
2008/07/02
Committee: PETI
Amendment 36 #

2008/2028(INI)

Motion for a resolution
Paragraph 14
14. Recognises also that in many instances satisfactory solutions cannot be found for petitioners because of the weaknesses in the applicable Community legislation itself; regrets that a number of increasingly important installations and activities, such as re-gasification plants, bio-diesel plants and gas pipelines, do not appear to be taken into consideration in Community law in a manner comparable with installations and activities having a similar potential impact on human health, safety and the environment;
2008/07/02
Committee: PETI
Amendment 38 #

2008/2028(INI)

Motion for a resolution
Paragraph 18
18. Reaffirms its commitment to upholding the recognition of rights of European citizens to their private property which has been legally obtained, and condemns all attempts to divest families of their property without due process, proper compensation or respect for their personal integrity; notes an increase in the numbers of petitions received on this issue, especially regarding Spain in 2007, and notes also the report and recommendations of the fact-finding visit conducted by the Committee on Petitions2 to investigate the problem for the third time; notes that, as regards the Public Procurement Directives, ongoing infringement procedures are still open; 1 DT 660551. 2 DT 660551.; Or. en
2008/07/02
Committee: PETI
Amendment 45 #

2008/2028(INI)

Motion for a resolution
Paragraph 23
23. Notes the growing number of petitions and letters received by the Committee on Petitions concerning the most sensitive matter of child custody, on which it is extremely difficult to take action because of the often contradictory personal interests involved, as for instance on petitions with regard to the German Jugendamt, because of the involvement of the courts in many cases, and because of the fact that – except in cases of parents from different EU countries – it is difficult to claim competence for the EU as such; notes however that in Germany, according to petitioners, there may be problems with the Jugendamt system in certain local areas, both systemically and in relation to many individual cases, and asks the German Federal authorities to ensure that the fundamental rights of all EU citizens are properly protected;
2008/07/02
Committee: PETI
Amendment 37 #

2008/2026(BUD)

Motion for a resolution
Paragraph 31
31. Decides to maintain the increase in the amounts for operational expenses of FRONTEX, in order to enable it to run permanent missions all year round; also decides to maintain the increase in the amounts for tackling illegal immigration, including bolstering the European Refugee Fund to facilitate solidarity between Members States;
2008/11/27
Committee: BUDG
Amendment 35 #

2008/2025(BUD)

Motion for a resolution
Paragraph 33
33. WelcomesPoints to the fact that the PDB maintains the substantial increase of the appropriations voted in 2008 for the Agency for the Management of Operational Cooperation at the External Borders (FRONTEX), but notes with some concern the rebalancing of the subsidy by shifting EUR 5,7 million from operational to administrative expenditure; calls for an increase in appropriations for 2009 for FRONTEX in order to enable it to sustain the commitment to permanent and uninterrupted missions, notably at the southern borders of the Union (Hera, Nautilus and Poseidon);
2008/06/09
Committee: BUDG
Amendment 36 #

2008/2025(BUD)

Motion for a resolution
Paragraph 33 a (new)
33a. Stresses that a European pact on migration policy should include issues related to tackling illegal immigration, managing legal immigration and strengthening border protection, taking fully into account the principle of solidarity; in that framework intends to introduce pilot projects and preparatory actions;
2008/06/09
Committee: BUDG
Amendment 29 #

2008/0244(COD)

Proposal for a directive
Recital 11
(11) Minimum standards for the reception of asylum seekers that will normally suffice to ensure them a dignified standard of living and comparable living conditions in all Member States taking into consideration the level of social assistance available for nationals in the hosting Member State, should be laid down.
2009/03/30
Committee: LIBE
Amendment 30 #

2008/0244(COD)

Proposal for a directive
Recital 16
(16) Detention of asylum seekers should be applied in line with the underlying principle that a person should not be held in detention for the sole reason that he/she is seeking international protection, notably in accordance with Article 31 of the Geneva Convention relating to the Status of Refugees of 28 July 1951. In particular Member States should not impose penalties on asylum seekers on account of illegal entry or presence and any restrictions to movement should be necessary. In this respect, detention of asylum seekers should only be possible under very clearly defined exceptional circumstances laid down in this Directive and subject to the principle of necessity and proportionality with regard both to the manner and to the purpose of such detention. Where an asylum seeker is held in detention he/she should have a right to a judicial remedy before national court.deleted
2009/03/30
Committee: LIBE
Amendment 32 #

2008/0244(COD)

Proposal for a directive
Recital 23 a (new)
(23a) In order to cover any improvements in minimum standards for the reception of asylum seekers, there must be a proportionate increase in the funds made available by the European Union in order to cover the costs of such improvements, especially in the case of Member States which are facing specific and disproportionate pressures on their national asylum systems, owing in particular to their geographical or demographic situation.
2009/03/30
Committee: LIBE
Amendment 33 #

2008/0244(COD)

Proposal for a directive
Recital 26
(26) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for human dignity and to promote the application of Articles 1, 6, 7, 18, 24 and 47 of the said Charter and has to be implemented accordingly.
2009/03/30
Committee: LIBE
Amendment 36 #

2008/0244(COD)

Proposal for a directive
Article 2 – point c – point iii
(iii) the married minor children of couples referred to in point (i) or of the applicant, regardless of whether they were born in or out of wedlock or adopted as defined under the national law, where it is in their best interests to reside with the applicant;deleted
2009/03/30
Committee: LIBE
Amendment 38 #

2008/0244(COD)

Proposal for a directive
Article 2 – point c – point iv
(iv) the father, mother or guardian of the applicant, when the latter is a minor and unmarried, or when he/she is a minor and married but it is in his/her best interests to reside with his/her father, mother or guardian;deleted
2009/03/30
Committee: LIBE
Amendment 40 #

2008/0244(COD)

Proposal for a directive
Article 2 – point c – point v
(v) the minor unmarried siblings of the applicant, when the latter is a minor and unmarried, or when the applicant or his/her siblings are minors and married but it is in the best interests of one or more of them that they reside together;deleted
2009/03/30
Committee: LIBE
Amendment 49 #

2008/0244(COD)

Proposal for a directive
Article 7 – paragraph 3 a (new)
3a. When it proves necessary, for example for legal reasons or reasons of public order, Member States may confine an applicant to a particular place in accordance with their national law.
2009/03/30
Committee: LIBE
Amendment 50 #

2008/0244(COD)

Proposal for a directive
Article 8
1. Member States shall not hold a person in detention for the sole reason that he/she is an applicant for international protection in accordance with Council Directive 2005/85/EC.19 2. When it proves necessary and on the basis of an individual assessment of each case, Member States may detain an applicant to a particular place in accordance with national legislation, if other less coercive measures cannot be applied effectively. An applicant may only be detained to a particular place: (a) in order to determine, ascertain or verify his identity or nationality; (b) in order to determine the elements on which his application for asylum is based which in other circumstances could be lost; (c) in the context of a procedure, to decide on his right to enter the territory; (d) when protection of national security and public order so requires. This paragraph is without prejudice to Article 11. 3. Member States shall ensure that rules dealing with alternatives to detention, such as regular reporting to the authorities, the deposit of a financial guarantee, or an obligation to stay at a designated place, are laid down in national legislation.Article 8 deleted Detention
2009/03/30
Committee: LIBE
Amendment 63 #

2008/0244(COD)

Proposal for a directive
Article 9
Guarantees for detained asylum seekers 1. Detention shall be ordered for the shortest period possible. In particular detention pursuant to Article 8 (2) (a), (b) and (c) shall not exceed the time reasonably needed to fulfil the administrative procedures required in order to obtain information on the asylum seeker's nationality or on the elements on which his application is based or to carry out the relevant procedure with a view to deciding on his/her right to enter the territory. Delays in the administrative procedure that cannot be attributed to the asylum seeker shall not justify a continuation of detention. 2. Detention shall be ordered by judicial authorities. In urgent cases it may be ordered by administrative authorities, in which case the detention order shall be confirmed by judicial authorities within 72 hours from the beginning of the detention. Where the judicial authority finds detention to be unlawful, or if there is no decision within 72 hours, the asylum seeker concerned shall be released immediately. 3. Detention shall be ordered in writing. The detention order shall state the reasons in fact and in law on which it is based and shall specify the maximum period of detention. 4. Detained asylum seekers shall immediately be informed of the reasons for detention, the maximum duration of the detention and the procedures laid down in national law for challenging the detention order, in a language they are reasonably supposed to understand. 5. The continued detention shall be reviewed by a judicial authority at reasonable intervals of time either on request by the asylum seeker concerned or ex officio. Detention shall never be unduly prolonged. 6. Member States shall ensure access to legal assistance and/or representation in cases of detention that shall be free of charge where the asylum seeker cannot afford the costs involved. Procedures for access to legal assistance and/or representation in such cases shall be laid down in national law.Article 9 deleted
2009/03/30
Committee: LIBE
Amendment 77 #

2008/0244(COD)

Proposal for a directive
Article 11 – paragraph 3
3. DWherever possible, detained families shall be provided with separate accommodation guaranteeing adequate privacy.
2009/03/30
Committee: LIBE
Amendment 80 #

2008/0244(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States shall ensure that applicants have access to the labour market no later than 6 months following the date when the application for international protection was lodgeddetermine a period of time, starting from the date on which an application for asylum was lodged, during which an applicant shall not have access to the labour market.
2009/03/30
Committee: LIBE
Amendment 89 #

2008/0244(COD)

Proposal for a directive
Article 17 – paragraph 5
5. In calculating the amount of assistance to be granted to asylum seekers Member States shall ensure that the total value of material reception conditions to be made available to asylum seekers is equivalent to the amount of social assistance granted to nationals requiring such assistance. Any differences in this respect shall be duly justified.deleted
2009/03/30
Committee: LIBE
Amendment 114 #

2008/0244(COD)

Proposal for a directive
Article 25 – paragraph 2 – subparagraph 1
2. Member States shall ensure access to legal assistance and/or representation in the cases referred to in paragraph 1. SWhere possible, such legal assistance and/or representation shall be free of charge where the asylum seeker cannot afford the costs involved.
2009/03/30
Committee: LIBE
Amendment 41 #

2008/0243(COD)

Proposal for a regulation
Article 2 – point (i) – subpoint (iii)
(iii) the married minor children of couples referred to in point (i) or of the applicant, regardless of whether they were born in or out of wedlock or adopted as defined under the national law, where it is in their best interests to reside with the applicant;deleted
2009/04/03
Committee: LIBE
Amendment 44 #

2008/0243(COD)

Proposal for a regulation
Article 2 – point i – subpoint iv
(iv) the father, mother or guardian of the applicant when the latter is a minor and unmarried, or when he is a minor and married but it is in his/her best interests to reside with his/her father, mother or guardian;
2009/04/03
Committee: LIBE
Amendment 46 #

2008/0243(COD)

Proposal for a regulation
Article 2 – point i – subpoint v
(v) the minor unmarried siblings of the applicant, when the latter is a minor and unmarried, or when the applicant or his/her siblings are minors and married but it is in the best interests of one or more of them that they reside together;
2009/04/03
Committee: LIBE
Amendment 58 #

2008/0243(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. Member States shall establish procedures in national legislation for tracing the family members or other relatives present in the Member States of unaccompanied minors, where necessary with the assistance of international or other relevant organisations. They shall startendeavour to trace the members of the unaccompanied minor’s family or other relatives as soon as possible, after the lodging of the application for international protection whilst protecting his/her best interests.
2009/04/03
Committee: LIBE
Amendment 76 #

2008/0243(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. The Member State responsible shall in all circumstances referred to in paragraph 1 (a) to (d) examine or complete the examination of the application for international protection made by the applicant, within the meaning of Article 2(d). WHowever, when the Member State responsible had discontinued the examination of an application following its withdrawal by the applicant, it shall be obliged to revoke that decision and complete the examination of the application, within the meaning of Article 2(d) only where the request to take charge of, or to take back, the applicant is received by the requested Member State within three months of that decision.
2009/04/03
Committee: LIBE
Amendment 91 #

2008/0243(COD)

Proposal for a regulation
Article 26 – paragraph 6
6. Member States shall ensure that wherever possible legal assistance and/or representation beis granted free of charge where the person concerned cannot afford the costs involved.
2009/04/03
Committee: LIBE
Amendment 92 #

2008/0243(COD)

Proposal for a regulation
Article 27
1. Member States shall not hold a person in detention for the sole reason that he/she is an applicant for international protection in accordance with Directive 2005/85/EC. 2. Without prejudice to Article 8(2) of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers], when it proves necessary, on the basis of an individual assessment of each case, and if other less coercive measures cannot be applied effectively, Member States may detain an asylum- seeker or another person as referred to in Article 18(1)(d), who is subject of a decision of transfer to the responsible Member State, to a particular place only if there is a significant risk of him/her absconding. 3. When assessing the application of other less coercive measures for the purpose of paragraph 2, Member States shall take into consideration alternatives to detention such as regular reporting to the authorities, the deposit of a financial guarantee, an obligation to stay at a designated place or other measures to prevent the risk of absconding. 4. Detention pursuant to paragraph 2 may only be applied from the moment a decision of transfer to the responsible Member State has been notified to the person concerned in accordance with Article 25, until that person is transferred to the responsible Member State. 5. Detention pursuant to paragraph 2 shall be ordered for the shortest period possible. It shall be no longer than the time reasonably necessary to fulfil the required administrative procedures for carrying out a transfer. 6. Detention pursuant to paragraph 2 shall be ordered by judicial authorities. In urgent cases it may be ordered by administrative authorities, in which case the detention order shall be confirmed by judicial authorities within 72 hours from the beginning of the detention. Where the judicial authority finds detention to be unlawful, the person concerned shall be released immediately. 7. Detention pursuant to paragraph 2 shall be ordered in writing with reasons in fact and in law, in particular specifying the reasons on the basis of which it is considered that there is a significant risk of the person concerned absconding as well as the time period of its duration. Detained persons shall immediately be informed of the reasons for detention, the intended duration of the detention and the procedures laid down in national law for challenging the detention order, in a language they are reasonably supposed to understand. 8. In every case of a detained person pursuant to paragraph 2, the continued detention shall be reviewed by a judicial authority at reasonable intervals of time either on request by the person concerned or ex-officio. Detention shall never be unduly prolonged. 9. Member States shall ensure access to legal assistance and/or representation in cases of detention pursuant to paragraph 2 that shall be free of charge where the person concerned cannot afford the costs involved. Procedures for access to legal assistance and/or representation in such cases shall be laid down in national law. 10. Minors shall not be detained unless it is in their best interests, as prescribed in Article 7 of this Regulation and in accordance with an individual examination of their situation in accordance with Article 11(5) of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers]. 11. Unaccompanied minors shall never be detained. 12. Member States shall ensure that asylum-seekers detained in accordance with this Article enjoy the same level of reception conditions for detained applicants as those laid down in particular in Articles 10 and 11 of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers].Article 27 deleted Detention
2009/04/03
Committee: LIBE
Amendment 111 #

2008/0243(COD)

Proposal for a regulation
Article 31 – paragraph 9 a (new)
9a. In view of the fact that the application of the criteria for determining the Member State responsible for examining an application for international protection, as laid down in this Regulation, results in some Member States being required to assume long-term responsibility for a disproportionate number of applicants, on a proposal by the Commission to the European Parliament and the Council and acting in accordance with the procedure laid down in Article 251 of the EC Treaty, instruments shall be enacted, which are binding on all Member States, in order to provide effective support to those Member States which are faced with specific and disproportionate pressures on their national systems owing, in particular, to their geographical or demographic situation. Those instruments shall enter into force no later than 31 December 2011 and in any event make provision for the following:
2009/04/03
Committee: LIBE
Amendment 43 #

2008/0242(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Each Member State shall promptlyno later than 48 working hours after the lodging of an application as defined by Article 20(2) of the Dublin Regulation take the fingerprints of all fingers of every applicant for international protection of at least 14 years of age and shall no later than within 4848 working hours after the lodgtaking of that application transmit theme fingerprints transmit the fingerprint data together with the data referred to in points (b) to (g) of Article 7 of this Regulation to the Central System. By way of exception, in cases where a Member State is facing specific and disproportionate pressure on its asylum system, or where the fingerprints are seriously, but only temporarily, damaged and cannot provide suitable fingerprint data or in cases where there are serious medical reasons, including the need to enforce a quarantine period because of severe contagious disease, the period of 48 working hours for taking the fingerprints of applicants for international protection, as referred to in this paragraph, may be extended up to a maximum of three weeks. The period of 48 working hours for transmitting the required data shall apply accordingly.
2009/03/30
Committee: LIBE
Amendment 46 #

2008/0242(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Each Member State shall, in accordance with the safeguards laid down in the European Convention on Human Rightfor the Protection of Human Rights and Fundamental Freedoms and in the United Nations Convention on the Rights of the Child promptly take the fingerprints of all fingers of every third -country national or stateless person of at least 14 years of age who is apprehended by the competent control authorities in connection with the irregular crossing by land, sea or air of the border of that Member State having come from a third country and who is not turned back, no later than 48 working hours from the date of apprehension.
2009/03/30
Committee: LIBE
Amendment 48 #

2008/0242(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2. The Member State concerned shall no later than 48 hours from the date of apprehension transmit to the Central System the following data in relation to anyworking hours after the taking of the fingerprints of the third- country national or stateless person, as referred to in paragraph 1, who is not turned backtransmit to the Central System the following data in relation to that person:
2009/03/30
Committee: LIBE
Amendment 49 #

2008/0242(COD)

Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 a (new)
By way of exception, in cases where a Member State is facing a disproportionate burden, or where the fingerprints are seriously, but only temporarily, damaged and cannot provide suitable fingerprint data or in cases where there are serious medical reasons, including the need to enforce a quarantine period because of severe contagious disease, the period of 48 working hours for taking the fingerprints of the third-country national or stateless person, as referred to in paragraph 1, may be extended provided that the fingerprints are collected as soon as possible when the circumstances warranting such extension cease to exist. The period of 48 working hours for transmitting the required data shall apply accordingly.
2009/03/30
Committee: LIBE
Amendment 50 #

2008/0242(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. The Member State of origin shall unmark data concerning a third -country national or stateless person whose data were previously marked in accordance with paragraph 1 if his or her status is revoked or ended or renewal of his or her status is refused under Article 14 or 19 of Council Directive 2004/83/EC, or if he or she ceases to be a refugee or to be eligible for subsidiary protection under Articles 11 and 16 respectively of Council Directive 2004/83/EC.
2009/03/30
Committee: LIBE
Amendment 70 #

2008/0165(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
2. TEach year the Commission mayshall review the critical uses listed in Annex VI and adopt modifications and time-frames for phase- out by defining end dates , taking into account, especially in the case of industries which have stringent safety and engineering performance requirements, the availability of both, technically and economically feasible alternatives or technologies that are acceptable from the standpoint of environment and health.
2008/12/23
Committee: ENVI
Amendment 9 #

2007/2262(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas southern Member States are having to accept asylum applications from illegal immigrants who are rescued when in distress whilst they are on their way to Europe,
2008/06/09
Committee: LIBE
Amendment 10 #

2007/2262(INI)

Motion for a resolution
Recital G b (new)
Gb. whereas southern Member States are having to accept asylum applications from illegal immigrants who are not assisted by third countries which are obliged to provide such assistance under international law,
2008/06/09
Committee: LIBE
Amendment 12 #

2007/2262(INI)

Motion for a resolution
Recital I
I. whereas the Dublin Regulation establishes a system which is designed to determine the Member State responsible for dealing with a claim, but is not and cannot beregrettably fails to provide for a burden sharing mechanism,
2008/06/09
Committee: LIBE
Amendment 13 #

2007/2262(INI)

Motion for a resolution
Recital I a (new)
Ia. whereas it is essential that any evaluation of the Dublin system is accompanied by a concrete, permanent, fair and functional burden sharing mechanism,
2008/06/09
Committee: LIBE
Amendment 25 #

2007/2262(INI)

Motion for a resolution
Paragraph 4
4. Asks the Commission to bring forward concrete proposals for burden-sharing mechanismspermanent, fair and functional burden-sharing mechanisms as part of this evaluation which cshould be put in place in order to help alleviate the disproportionate load which could fall on certain Member States, but do not fit the Dublin system;
2008/06/09
Committee: LIBE
Amendment 32 #

2007/2262(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls upon the Commission to establish meaningful bilateral working relations with third countries such as Libya, in order to facilitate cooperation and ensure that such third countries meet their international legal obligations;
2008/06/09
Committee: LIBE
Amendment 44 #

2007/2262(INI)

Motion for a resolution
Paragraph 14
14. Asks the Commission to add a provision restricting the detention of Dublin claimants to a measure of last resort, thereby specifying the grounds on which detention may be employed and the procedural safeguards which should be provided for;deleted
2008/06/09
Committee: LIBE
Amendment 127 #

2007/0228(CNS)

Proposal for a directive
Article 12 - paragraph 3
3. Any decision rejecting an application for an EU Blue Card, or non-renewing or withdrawing an EU Blue Card, shall be notified in writing to the third-country national concerned and, where relevant, to his/her employer in accordance with the notification procedures under the relevant national legislation and shall be open to challenge before the courtsmpetent authority of the Member State concerned appointed in accordance with national law. The notification shall specify the reasons for the decision, the possible redress procedures available and the time limit for taking action.
2008/09/10
Committee: LIBE
Amendment 7 #

2007/0112(CNS)

Proposal for a directive – amending act
Recital 5
(5) In view of the right of beneficiaries of international protection to reside in other Member States than the one which granted them international protection, it is necessary to ensure that these Member States are informed of the protection background of the persons concerned, so that they can comply with their obligations regarding the respect of the principle of non-refoulement. For this purpose the long-term resident’s EC residence permit granted to beneficiaries of international protection should contain a remark providing information about the fact that international protection was granted by a Member State to its holder. Provided that international protection has not been withdrawn, this remark should be reproduced in the long-term resident’s EC residence permit issued by the second Member State. However, the second Member State may not use this remark as a pretext, whether directly or indirectly, to refuse to grant long-term residence in its territory.
2008/03/05
Committee: LIBE
Amendment 8 #

2007/0112(CNS)

Proposal for a directive – amending act
Recital 10 a (new)
(10a) Under the terms of this Directive the granting of long term residence status should not imply the revocation or withdrawal of the rights held by refugees, beneficiaries of subsidiary protection, and members of their family under Directive 2004/83/EC;
2008/03/05
Committee: LIBE
Amendment 9 #

2007/0112(CNS)

Proposal for a directive – amending act
Article 1 - point 3 a (new)
Directive 2003/109/EC
Article 5 – paragraph 1 – subparagraph 1 a
(3a) In Article 5(1), the following subparagraph shall be added: "Such requirement shall not apply to beneficiaries of international protection who do not have access to employment.".
2008/03/05
Committee: LIBE
Amendment 59 #

2007/0094(COD)

Proposal for a directive
Recital 10
(10) Member States should further provide for a presumption of a work relationship of at least six months durmay provide for the employee and the third-country nation sal to thatve the burden of proof is put on the employer in respect of at least a certain periodpossibility of proving the existence and duration of the work relationship.
2008/10/01
Committee: LIBE
Amendment 61 #

2007/0094(COD)

Proposal for a directive
Recital 13
(13) In view of the prevalence of subcontracting in certain affected sectors, it is necessary to ensure that all the undertakings in a chain of subcontracting are held jointly and severally liable to pay financial sanctions against an employer at the end of the chain who employs illegally staying third-country nationals.deleted
2008/10/01
Committee: LIBE
Amendment 64 #

2007/0094(COD)

Proposal for a directive
Recital 19
(19) To supplement the complaint mechanisms, Member States should grant residence permits of limited duration, linked to the length of the relevant national proceedings, to third-country nationals who have been subjected to particularly exploitative working conditions and who cooperate in criminal proceedings against the employer. Such permits should be granted under the same conditions as those granted under Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third- country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration who cooperate with the competent authorities.deleted
2008/10/01
Committee: LIBE
Amendment 73 #

2007/0094(COD)

Proposal for a directive
Article 4 - paragraph 1 - point a
(a) require the production by third-country nationals, of a residence permit or a work permit or another authorisation for stay valid for the period of the employment in question; , before the commencement of their employment. In cases where the duration of the employment contract exceeds the period of validity of the valid residence permit or another authorisation for stay under this paragraph, Member States shall oblige employers to require the employed third-country national to present, on the date of expiry of the residence permit or another authorisation for stay presented at the time of being employed, a new valid residence permit or another authorisation for stay.
2008/10/01
Committee: LIBE
Amendment 75 #

2007/0094(COD)

Proposal for a directive
Article 4 - paragraph 2
2. Member States shall oblige employers acting in the course of business activities or who are legal persons to notify the competent authorities designated by Member States of both the start and the termination of employment of third- country nationals at the latest within one weekwithin a period laid down by each Member State.
2008/10/01
Committee: LIBE
Amendment 77 #

2007/0094(COD)

Proposal for a directive
Article 4 - paragraph 2 a (new)
2a. Member States may provide for a simplified system of employers' obligations in cases where the employer employs people to carry out domestic work.
2008/10/01
Committee: LIBE
Amendment 80 #

2007/0094(COD)

Proposal for a directive
Article 4 - paragraph 3
3. Member States shall ensure that employers are considered to have fulfilled their obligation under paragraph 1(a) unless the document presented as a residence permit, a work permit or another authorisation for stay is manifestly incorrectfalsified.
2008/10/01
Committee: LIBE
Amendment 87 #

2007/0094(COD)

Proposal for a directive
Article 7 - paragraph 1 - point a
(a) any outstanding remuneration to the illegally employed third-country national; where the agreed level of remuneration cannot be established, it shall be presumed to have been the minimum wage as established by national law. In Member States where no minimum wage is established, the agreed level of remuneration shall be determined by reference to the minimum income entitling citizens of the Member State concerned to social assistance in that Member State or in line with applicable collective agreements or practices in the relevant sector;
2008/10/01
Committee: LIBE
Amendment 89 #

2007/0094(COD)

Proposal for a directive
Article 7 - paragraph 2 - point b
(b) provide that a work relationship of at least 6 months duration be presumed unless the employer can prove differently.deleted
2008/10/01
Committee: LIBE
Amendment 92 #

2007/0094(COD)

Proposal for a directive
Article 7 - paragraph 4
4. In respect of criminal offences covered by Article 10(1)(c), Member States shall take the necessary measures to ensure that the execution of any return decision is postponed until the third-country national has received any back payment of their remuneration recovered under paragraph 1(a).deleted
2008/10/01
Committee: LIBE
Amendment 95 #

2007/0094(COD)

Proposal for a directive
Article 8 - introductory part
8. Member States shall take the necessary measures to ensure that an employer acting in the course of business activities may also, if appropriate,shall also be subject to the following measures:
2008/10/01
Committee: LIBE
Amendment 100 #

2007/0094(COD)

Proposal for a directive
Article 8 - point d
(d) temporary or permanent closure of the establishments that have been used to commit the infringementwithdrawal of a licence to conduct the business activity in question, if justified in particular by the gravity of the situation or the number of illegally staying third-country nationals employed by the employer concerned.
2008/10/01
Committee: LIBE
Amendment 103 #

2007/0094(COD)

Proposal for a directive
Article 9 - paragraph 1 - introductory part
1. Where the employer is a subcontractor, Member States shall ensure that the main contractor and any intermediate subcontractor are liable to pay:deleted
2008/10/01
Committee: LIBE
Amendment 104 #

2007/0094(COD)

Proposal for a directive
Article 9 - paragraph 1 - point a
(a) any sanction imposed under Article 6, andeleted
2008/10/01
Committee: LIBE
Amendment 105 #

2007/0094(COD)

Proposal for a directive
Article 9 - paragraph 1 - point b
(b) any back payments due under Article 7.deleted
2008/10/01
Committee: LIBE
Amendment 106 #

2007/0094(COD)

Proposal for a directive
Article 9 - paragraph 2
(2) The main contractor and any intermediate subcontractor shall under paragraph 1 be liable jointly and severally, without prejudice to the provisions of national law concerning the rights of contribution or recourse.deleted
2008/10/01
Committee: LIBE
Amendment 108 #

2007/0094(COD)

Proposal for a directive
Article 10 - paragraph 1 - point b
(b) the infringement is in respect of a significant number of illegally employedstaying third-country nationals who are employed illegally. This shall be the case if at least four third-country nationals are illegally employed;
2008/10/01
Committee: LIBE
Amendment 109 #

2007/0094(COD)

Proposal for a directive
Article 10 - paragraph 1 - point c
(c) the infringement is accompanied by abuse, violence, threats, intimidation, degrading treatment, gender-based discrimination or particularly exploitative working conditions, such as a significant difference in working conditions from those enjoyed by legally employed workers; or
2008/10/01
Committee: LIBE
Amendment 113 #

2007/0094(COD)

Proposal for a directive
Article 10 - paragraph 1 - point d a (new)
(da) the infringement is in respect of illegally staying third-country nationals who are minors.
2008/10/01
Committee: LIBE
Amendment 115 #

2007/0094(COD)

Proposal for a directive
Article 11 a (new)
Article 11a Member States shall take the necessary measures to ensure that a list of employers who have infringed this Directive is made public.
2008/10/01
Committee: LIBE
Amendment 116 #

2007/0094(COD)

Proposal for a directive
Article 13 − introductory part
Member States shall ensure that a legal person held liable for a criminal offence pursuant to Article 10 is punishable by effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal fines and may include other sanctions such as:applicable under this Directive for natural persons.
2008/10/01
Committee: LIBE
Amendment 117 #

2007/0094(COD)

Proposal for a directive
Article 13 - point a
(a) exclusion from entitlement to public benefits or aid;deleted
2008/10/01
Committee: LIBE
Amendment 119 #

2007/0094(COD)

Proposal for a directive
Article 13 - point b
(b) exclusion from participation in a public contract for up to five years;deleted
2008/10/01
Committee: LIBE
Amendment 120 #

2007/0094(COD)

Proposal for a directive
Article 13 - point c
(c) temporary or permanent disqualification from the practice of agricultural, industrial or commercial activities;deleted
2008/10/01
Committee: LIBE
Amendment 121 #

2007/0094(COD)

Proposal for a directive
Article 13 - point d
(d) placing under judicial supervision;deleted
2008/10/01
Committee: LIBE
Amendment 122 #

2007/0094(COD)

Proposal for a directive
Article 13 - point e
(e) a judicial winding-up order.deleted
2008/10/01
Committee: LIBE
Amendment 123 #

2007/0094(COD)

Proposal for a directive
Article 14 - paragraph 1
1. Member States shall provide for effective mechanisms through which third- country nationals in illegal employment can lodge complaints against their employers, directly or through designated third parties and in a confidential manner.
2008/10/01
Committee: LIBE
Amendment 125 #

2007/0094(COD)

Proposal for a directive
Article 14 - paragraph 1 a (new)
1a. Member States shall ensure that legal entities, associations, non-governmental organisations, local authorities and other bodies such as trade unions, which have, in accordance with the criteria laid down in the relevant national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of an illegally employed third-country national, in any judicial, administrative and/or criminal proceedings provided for with the objective of implementing this Directive.
2008/10/01
Committee: LIBE
Amendment 127 #

2007/0094(COD)

Proposal for a directive
Article 14 - paragraph 3
3. In respect of criminal offences covered by Article 10(1)(c), Member States shall under the conditions of Articles 4 to 15 of Directive 2004/81/EC grant residence permits of limited duration, linked to the length of the relevant national proceedings, to third- country nationals who are or have been subjected to exploitative working conditions and cooperate in proceedings against the employer.deleted
2008/10/01
Committee: LIBE
Amendment 133 #

2007/0094(COD)

Proposal for a directive
Article 15 - paragraph 1
1. Member States shall ensure that at least 10% of companies established on their territory per year are subject to regular, effective and adequate inspections to control employment of illegally staying third-country nationals. Such inspections may be carried out within the framework of other inspection activities such as the monitoring of compliance with health and safety provisions in the workplace.
2008/10/01
Committee: LIBE