2148 Amendments of Nathalie GRIESBECK
Amendment 7 #
2018/2103(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the United Nations Convention on the Rights of the Child;
Amendment 36 #
2018/2103(INI)
Motion for a resolution
Recital B
Recital B
B. whereas women and girls in the EU experience structural gender inequality in a variety of forms and in a range of settings – including gender discrimination, sexual harassment, gender- based violence and misogynistic hate speech – which severely limits their ability to enjoy their rights and to participate on an equal footing in society; whereas in 2017, the #MeToo movement raised awareness of the scale and intensity of the sexual harassment and sexual and gender- based violence women face;
Amendment 40 #
2018/2103(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the press and civil society organisations play a fundamental role in a democracy;
Amendment 49 #
2018/2103(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Article 21 (1) of the Charter of Fundamental Rights of the European Union states that any discrimination based on grounds such as sex, race, colour, ethnic or social origin, genetic features, languages or membership of a national minority shall be prohibited; whereas migrants, descendants of migrants and members of minority ethnic groups continue to face widespread discrimination across the EU and in all areas of life; whereas, in spite of numerous calls on the Commission, only limited steps have been taken to ensure the effective protection of minorities; whereas persistent racist and xenophobic attitudes are embraced by opinion leaders and politicians across the EU, fostering a social climate that provides fertile ground for racism, discrimination and hate crimes; whereas these views run counter to the common European values which all the Member States have undertaken to uphold;
Amendment 60 #
2018/2103(INI)
Motion for a resolution
Recital E
Recital E
E. whereas respect for the rule of law is a prerequisite for the protection of fundamental rights, and whereas Member States have the ultimatare responsibility tole for safeguarding the human rights of all people by enacting and implementing international human rights treaties and conventions; whereas the rule of law, democracy and fundamental rights should be continually consolidated; whereas any attempt to undermine these principles is to the detriment not only of the Member State concerned but also of the Union as a whole;
Amendment 65 #
2018/2103(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas all Member States have undertaken to respect and promote the founding values of the Union enshrined in Article 2 of the Treaty on European Union; whereas monitoring the situation in each Member State cannot constitute an infringement of their sovereignty;
Amendment 73 #
2018/2103(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the arrival in Europe of migrants and asylum seekers continued in 2017; whereas this reality requires real EU solidarity to put in place adequate reception structures for those most in need and most vulnerable; whereas many migrants place their lives in the hands of smugglers and criminals and are vulnerable to violations of their rights, including violence, abuse and exploitation; whereas women and children are at higher risk of being trafficked and sexually abused at the hands of traffickers and there is therefore a need to build and strengthen child protection systems to prevent and respond to violence, abuse, neglect and the exploitation of children, in line with the commitments set out in the Valletta Action Plan, as well as the European Parliament Resolution on the protection of children in migration of 3 May 2018;
Amendment 76 #
2018/2103(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas grooming, cyberbullying or revenge pornography represent growing concerns for our societies especially among young people;
Amendment 113 #
2018/2103(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. ERecalls that women are often the victims of double discrimination due, inter alia, to their ethnic minority status, sexual orientation, disability or migrant status; expresses concern about the risk of misogyny in European societies and its impact on women’s fundamental rights in all spheres of life; calls on Member States to address the key obstacles to gender equality in economic empowerment and political participation, including sexual harassment which hampers women’s full participation in the labour market; highlights the fact that gender stereotypes must be tackled from an early age to effectively address the under- representation of women in work, decision making and politics; calls on Member States to appropriately address this issue in school curricula;
Amendment 139 #
Amendment 140 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 a (new)
Subheading 1 b (new)–Paragraph 5 a (new)
5a. Calls on the Member States to work out a national plan to combat any form of violence against children, such as physical and sexual abuse, forced marriages, child labour, sexual exploitation, honour killing, FGM and child soldiers; stresses on the importance of including formal provisions to prohibit and sanction corporal punishment against children;
Amendment 141 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 a (new)
Subheading 1 b (new)–Paragraph 5 a (new)
5a. Reiterates its call on the Commission to renew its commitment to set out a new EU Agenda for the Rights of the Child, as well a new strategy for the Rights of the Child;
Amendment 142 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 b (new)
Subheading 1 b (new)–Paragraph 5 b (new)
5b. Calls on the EU Member States and the Commission to explicitly consider children’s rights as a priority when programming and implementing regional and cohesion policies;
Amendment 143 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 c (new)
Subheading 1 b (new)–Paragraph 5 c (new)
5c. Calls on the Commission to ensure coordination within its different services with the aim of effectively mainstreaming children’s rights in all EU legislative proposals, policies and financial decisions;
Amendment 144 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 d (new)
Subheading 1 b (new)–Paragraph 5 d (new)
5d. Reiterates that cyberbullying and revenge pornography are new forms of crime online and can have extremely serious impact especially among young people and children. Encourages all Member States to set up future-proofed legislation to address this alarming phenomenon including provisions for removal from social media of harmful content for human dignity within well- defined deadlines in line with the European Parliament resolution of 14 December 2017 on the implementation of Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography;
Amendment 165 #
2018/2103(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Member States to invest adequate financial resources to integrate media and information literacy into national education systems and more generally in order to empower children and young people with the tools to use the internet responsibly and avoid possible risks;
Amendment 183 #
2018/2103(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses concerns about the obstacles to the work of human rights defenders, including civil society organisations active in the field of fundamental rights and democracy; recognises the key role of these organisations in making fundamental rights and values a reality for everyone and stresses that they should be able to carry out their work in a safe and well-supported environment; is concerned by the closing down of civil society space in some Member States; calls on the EU and the Member States to address proactively the root causes of shrinking civil society space and to uphold their fundamental rights;
Amendment 195 #
2018/2103(INI)
Motion for a resolution
Paragraph 11 i (new)
Paragraph 11 i (new)
11i. Recalls that the history of European integration is based on the fight against cultural isolationism, populism, hate speech, calls for violence and discrimination against minorities; notes that the raison d'être of the European project and the societal gains it has brought about are increasingly being undermined by political factions, including small neo-Nazi groups, which are totally at odds with shared European values;
Amendment 196 #
2018/2103(INI)
Motion for a resolution
Subheading 3
Subheading 3
Racism, xenophobia, discrimination and hate speech and crimes
Amendment 205 #
2018/2103(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that EU Member States should address adequately discriminatory or violent reactions against the schooling of migrant and refugee children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address respect for diversity, intercultural understanding and human rights, including children’s rights, in regular school curricula; to that end, calls on EU Member States to promote inclusive education from an early age in schools;
Amendment 213 #
2018/2103(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Condemns the rise of far-right movements in the strongest possible terms, and calls for all Member States to take effective, proportionate action to sanction hate crimes and hate speech; is concerned at the trivialisation of hate speech, which can be attributed to political figures;
Amendment 215 #
2018/2103(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Calls on all the Member States to draw up action plans to combat racism, xenophobia, discrimination, hate speech and hate crimes; calls on the Member States in particular to ensure that children are made aware of these issues as a matter of course via the school curriculum, notably with a view to enabling them to identify the features of hate speech and incitement to violence, especially online;
Amendment 227 #
2018/2103(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to make efforts to systematically record, collect and publish annually comparable data on ethnic discrimination, or discrimination against any other type of minority, and hate crime in order to enable them and other key stakeholders to develop effective, evidence-based legal and policy responses to these phenomena; recalls that any data should be collected in accordance with national legal frameworks and EU data protection legislation;
Amendment 229 #
2018/2103(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Emphasises the need to encourage victims to report hate crimes or discrimination, and to give them appropriate protection and support;
Amendment 234 #
2018/2103(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to continue their efforts to ensure the effective practical enforcement of the Race Equality Directive (2000/43/EC)4 and to ensure effective enforcement of the Framework Decision on Racism and Xenophobia to tackle persisting discrimination against Roma, anti- Semitism, Islamophobia, Afrophobia and anti-Gypsyism; points out that the Member States should review their national integration strategies to ensure that all people regardless of race, ethnicity, religion, gender, disability or any other status are empowered to engage actively in the process of inclusion by promoting their social, economic, political and cultural participation in society; __________________ 4 OJ C 180, 19.7.2000, p. 22. OJ C 180, 19.7.2000, p. 22.
Amendment 256 #
2018/2103(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores the fact that in 2017, LGBTI people were still victims of discrimination and hatred and encourages the Member States to adopt laws and policies to combat homophobia and transphobia, in particular on the basis of the ‘List of actions to advance LGBTI equality’ published by the European Commission;
Amendment 261 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Welcomes the efforts of the EU’s high-level group on combating racism, xenophobia and other forms of intolerance, in particular as regards access to justice and protecting the victims of hate crime, as well as in the areas of the registration of hate crimes by law enforcement services and the provision of training for law enforcement services and judicial authorities; calls on the Member States and other stakeholders to take full account of the principles referred to in the high-level group’s conclusions;
Amendment 272 #
Amendment 286 #
2018/2103(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that the rule of law is part of and a prerequisite for the protection of all values listed in Article 2 of the TEU; calls on all relevant actors at European and national level, including governments, parliaments and the judiciary, to step up efforts to uphold and reinforce the rule of law; recalls that these actors have the responsibility to address rule of law concerns and that they play an important role in preventing any erosion of the rule of law, which is not a blind application of law but our democratic acceptance of being ruled by law;
Amendment 291 #
2018/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that the Commission, as guardian of the Treaties, has the legitimacy and authority to ensure that all Member States are upholding the principles of the rule of law and the other values referred to in Article 2 of the TEU; insists that Article 7 of the TEU should be employed if all other remedies have failed; recalls that, in his 2018 State of the Union address, President Juncker pointed out that ‘Article 7 must be applied whenever the rule of law is threatened’;
Amendment 298 #
2018/2103(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Emphasises that the Council and Parliament also have a key role to play in safeguarding the rule of law and the other values referred to in Article 2 of the TEU; welcomes the efforts made by certain Member States to see to it that, within the Council, a regular assessment is made of the situation with regard to the rule of law in each Member State; takes the view that such an assessment would make it possible to strengthen dialogue and mutual trust among Member States when it comes to the rule of law; calls on the Council to take swift action with a view to achieving this aim;
Amendment 300 #
2018/2103(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Emphasises that, in certain Member States, there are serious and persistent breaches of the values referred to in Article 2 of the TEU, and takes the view that the EU’s ineffectiveness in putting an end to these situations is undermining both the trust among the Member States and the credibility of the EU, not only in the eyes of the public but also in the rest of the international community; emphasises, furthermore, that the persistent failure to address these breaches has encouraged other Member States to follow the same path;
Amendment 301 #
2018/2103(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Emphasises that the unanimity rule makes it impossible to impose sanctions under Article 7 of the TEU, because several Member States are concerned; takes the view that the EU should be able to impose sanctions on Member States that no longer uphold the values enshrined in Article 2, without necessarily having to resort to using Article 7; stresses, however, that such sanctions should not replace the triggering of Article 7; takes note of the proposal for a regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States; takes the view that any decision taken pursuant to that regulation should be based, inter alia, on a regular and impartial assessment of the situation with regard to the rule of law in each Member State;
Amendment 302 #
2018/2103(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Takes note of the proposal for a regulation establishing the ‘Rights and Values’ programme for the next multiannual financial framework; takes the view that the funding made available under that programme should be used to provide increased support for civil society organisations that promote European values such as respect for the rule of law, especially in Member States in which a generalised deficiency with regard to the rule of law has been identified;
Amendment 305 #
2018/2103(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls the need for an impartial, regular assessment of the situation with regard to the rule of law, democracy and fundamental rights in all the Member States; stresses that such an assessment must be based on objective criteria; recalls, in this regard, Parliament’s resolution with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights5, adopted on 10 October 2016; reiterates its call on the Commission to submit, on the basis of Article 295 of the TFEU, a proposal for the conclusion of a Union Pact for democracy, the rule of law and fundamental rights (EU Pact for DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation between the Union institutions and the Member States in the framework of Article 7 of the TEU; __________________ 5 OJ C 215, 19.6.2018, p. 162. OJ C 215, 19.6.2018, p. 162.
Amendment 351 #
2018/2103(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on Member States toStresses that, when implementing interoduce specific safeguards to guaranteperability, Member States should ensure that the interoperability of large- scale IT systems does not lead to adverse effects on the rights of children or vulnerable persons, such as applicants for and beneficiaries of international protection, or to discriminatory profiling; calls onurges the Member States to ensure that the objectives for the implementation of interoperability aims at fulfillinginclude a child protection objective, such as identifying missing children and assisting family reunification;
Amendment 362 #
2018/2103(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that the EU and the Member States should develop credible and effective systems that would make it unnecessary to detain children for asylum or return purpoCalls on the Member States to accommodate all children and families with children in non-custodial, community-based placements while their immigration status is processesd; stresses the importance of taking the principle of the best interests of the child into consideration in all aspects concerning children as well as of the practical implementation of the right to be heard as called for in the European Parliament Resolution on the protection of migrant children of 3 May 2018; recalls that Article 14 of the EU Charter of Fundamental Rights and Article 28 of the United Nations Conventions on the Rights of the Child guarantee the right to education to every child, including migrant and refugee children, both unaccompanied and accompanied and avoiding separated schooling and segregation, and calls therefore on the Member States to ensure migrant and refugee children are granted access to formal and informal education swiftly after their arrival; stresses that Member States should ensure that migrant and refugee children are effectively supported through linguistic, social and psychological support based on individual assessment of their needs;
Amendment 376 #
2018/2103(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that Member States should considergo ahead with putting into place a combination of protection-related schemes, such as resettlement and humanitarian admission, and regular mobility schemes to promote legal pathways to the EU for persons in need of protectioninternational protection; takes the view that the Union should play a key role in global resettlement efforts; calls on Member States to increase resettlement places with a view to providing the most vulnerable refugees with a legal channel; recalls that any action undertaken by a Member State, when acting within the scope of EU law, must respect the rights and principles of the EU Charter of Fundamental Rights; calls on EU Member States to effectively ensure the right to asylum and to accept relocation of refugees from Member States most affected by high numbers of arrivals; also calls on Member States to respect the principle of non-refoulement and introduce adequate procedural safeguards to their asylum and border procedures, including safeguards against collective expulsion;
Amendment 398 #
2018/2103(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Acknowledges that before envisaging any kind of integration process, it is important toStresses that addressing the vulnerabilities and specific needs of all migrants should be an integral part of the integration process; recalls that the assessment of the needs of migrants should happen regularly and as long as it is needed, as their situation and needs might evolve; underlines the fact that reunification with family members is a powerful tool to empower migrants and give them the feeling that they can start settling and integrating in their new host society; calls for the sharing between Member States of good integration practices to be stepped up;
Amendment 33 #
2018/2080(INI)
Recital 10
(10) Whereas provisions should be laid down regarding the officials and servants of the Ombudsman´s secretariat which will assist him and the budget thereof; whereas the seat of the Ombudsman should be that of the seat of the European Parliament;
Amendment 77 #
2018/2080(INI)
Article 13
The seat of the Ombudsman shall be that of the seat of the European Parliament.
Amendment 4 #
2018/2067(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 11 #
2018/2067(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relatapplying the EU data protection principles when negotiating agreements ing to data protectionhe law enforcement sector;
Amendment 27 #
2018/2067(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and Considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; and considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 42 #
2018/2067(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 44 #
2018/2067(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU;
Amendment 4 #
2018/2066(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation,the right of access,the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 12 #
2018/2066(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relatapplying the EU data protection principles when negotiating agreements ing to data protectionhe law enforcement sector;
Amendment 32 #
2018/2066(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 48 #
2018/2066(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 50 #
2018/2066(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU
Amendment 4 #
2018/2065(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 11 #
2018/2065(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relatapplying the EU data protection principles when negotiating agreements ing to data protectionhe law enforcement sector;
Amendment 27 #
2018/2065(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 42 #
2018/2065(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 44 #
2018/2065(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
Amendment 4 #
2018/2064(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation, the right of access,the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 11 #
2018/2064(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relatapplying the EU data protection principles when negotiating agreements ing to data protectionhe law enforcement sector;
Amendment 27 #
2018/2064(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 42 #
2018/2064(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 44 #
2018/2064(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU;
Amendment 4 #
2018/2063(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 11 #
2018/2063(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relatapplying the EU data protection principles when negotiating agreements ing to data protectionhe law enforcement sector;
Amendment 27 #
2018/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and Considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; and considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 42 #
2018/2063(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 44 #
2018/2063(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU;
Amendment 5 #
2018/2062(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 13 #
2018/2062(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relating to data protectionapplying the EU data protection principles when negotiating agreements inthe law enforcement sector;
Amendment 31 #
2018/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 47 #
2018/2062(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 49 #
2018/2062(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU;
Amendment 4 #
2018/2061(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 13 #
2018/2061(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relatapplying the EU data protection principles when negotiating agreements ing to data protectionhe law enforcement sector;
Amendment 37 #
2018/2061(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and Considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 55 #
2018/2061(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 57 #
2018/2061(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU;
Amendment 4 #
2018/2060(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 11 #
2018/2060(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relatapplying the EU data protection principles when negotiating agreements ing to data protectionhe law enforcement sector;
Amendment 27 #
2018/2060(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority; and considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 42 #
2018/2060(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 44 #
2018/2060(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU;
Amendment 31 #
2018/2044(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the national security and intelligence agencies of EU Member States and of some third countries cooperate very effectively through the Counter Terrorism Group (CTG) and on a bilateral and multilateral basis; whereas the CTG has a platform for the exchange of operational intelligence that has improved the speed and quality of shared intelligence; whereas the EU has an established complex of structures dealing wholly or in part with terrorism, notably through Europol’s European Counter Terrorism Centre (ECTC) and the EU Intelligence and Situation Centre (EU INTCEN);
Amendment 44 #
2018/2044(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the European Public Prosecutor’s Office as established by Council Regulation (EU) 2017/1939 does not have the investigatory competence for countering terrorism; whereas investigations related to acts of terrorism often require various Member States to cooperate with each other;
Amendment 53 #
2018/2044(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the EU Counter- Terrorism Coordinator plays an important role in tracking the implementation of the EU counter-terrorism strategy; whereas the Counter-Terrorism Coordinator helps strengthen the coordination between EU institutions;
Amendment 86 #
2018/2044(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas, as long as a terrorist attack is a "widespread or systematic attack directed against any civilian population with knowledge of the attack", terrorist murders are recorded in the manner provided for in Article 7 of the Rome Statute of the International Criminal Court of July 17, 1998.
Amendment 129 #
2018/2044(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the return of foreign terrorist fighters (FTFs) and their families poses particular challenges in terms of security and radicalisation; whereas child returnees pose specific problemchallenges as they can be bothneed protection as child victims and can become potential perpetrators at the same time;
Amendment 131 #
2018/2044(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the return of foreign terrorist fighters (FTFs) and their families poses particular challenges in terms of security and radicalisation; whereas child returnees pose specific problems as they can be both victims and potential perpetrators at the same time;
Amendment 147 #
2018/2044(INI)
Motion for a resolution
Recital R
Recital R
Amendment 154 #
2018/2044(INI)
Motion for a resolution
Recital S
Recital S
Amendment 181 #
2018/2044(INI)
Motion for a resolution
Recital U a (new)
Recital U a (new)
U a. whereas terrorism seeks to weaken and defeat democracies; whereas politicians and governments are crucial actors to achieve broad consensus and social resilience in order to effectively defend our democratic systems.
Amendment 193 #
2018/2044(INI)
Motion for a resolution
Recital W a (new)
Recital W a (new)
Wa. whereas the phenomenon of the prevention and countering of violent radicalisation is very complex; whereas until recently the gender dimension was underestimated;
Amendment 194 #
2018/2044(INI)
Motion for a resolution
Recital W b (new)
Recital W b (new)
Wb. whereas there is a misconception of the role that women can play in relation to violent extremism; whereas women are not always passive subjects and they also act as mobilisers, recruiters, fundraisers and even as perpetrators of terrorist acts;
Amendment 211 #
2018/2044(INI)
Motion for a resolution
Recital AA
Recital AA
AA. whereas it isEuropol data estimateds that, by 2018, there are between 50 000 aaround 730 000 radicalised jihadists in the EU;
Amendment 215 #
2018/2044(INI)
Motion for a resolution
Recital AB
Recital AB
AB. whereas a violent radicalised discourse has been increasingly present in the territory of the EU, often in the form of books, teaching or audiovisual content, including satellite TV channels; whereas this discourse opposes European valuedemocracy, rule of law and human rights, undermines pluralism, promotes violence and intolerance against all other religions, is openly anti-Semitic, refuses equality between men and women, and rejects the science and education which have been promoted by Islam during centuries;
Amendment 227 #
2018/2044(INI)
Motion for a resolution
Recital AC a (new)
Recital AC a (new)
AC a. whereas Radical Islamic Fundamentalism aspires for religion to dominate all spheres of life -individual, political and social - whose consequence may be a form of communitarianism sensitive to the actions of jihadist recruiters.
Amendment 241 #
2018/2044(INI)
Motion for a resolution
Recital AE
Recital AE
AE. whereas there are self-designated religious teaching centres propagating extremist ideas in the EU, in which youngsters, including young children, are exposed to a learning content based on anti-European valuescontrary to democracy, the rule of law and human rights, and violent content; whereas radical organisations often exploit the vulnerabilities of young people by attracting them with social and cultural offers;
Amendment 249 #
2018/2044(INI)
Motion for a resolution
Recital AF
Recital AF
AF. whereas Daesh’s sophisticated web communication strategy of marketing terrorism by glorifying it also offers alternative social and cultural opportunities to followers and design copied from the global ‘youth culture’ such as online gaming, and thus has a strong appeal to minorschildren and young people;
Amendment 258 #
2018/2044(INI)
Motion for a resolution
Recital AH
Recital AH
AH. whereas according to figures provided by Europol’s Internet Referral Unit (IRU) has made more than 50 000 referrals and on average 87 % of the content referred to companies by the IRU has been removed on the basis of voluntary consideration of the compatibility of the referred internet content with their own terms and conditions;, by December2017 the EU IRU had assessed 42 066 pieces of content, which triggered 40 714 decisions for referral across over 80 platforms in more than10 languages, and in 86% of the cases, resulted in removal of content
Amendment 285 #
2018/2044(INI)
Motion for a resolution
Recital AJ a (new)
Recital AJ a (new)
AJ a. whereas increasingly common use of the CGN (Carrier grade network address translation) by Internet access providers is complicating police investigations related to terrorism; whereas this technology enables access providers to share a single IP address among multiple users simultaneously, making it technically impossible for them to comply with their legal obligation to identify individual users, given that over a thousand subscribers may share a same IP address;
Amendment 295 #
2018/2044(INI)
Motion for a resolution
Recital AK a (new)
Recital AK a (new)
AK a. whereas contact with radicalised people in prisons cannot be successful without cooperation between professionals, chiefs of prisons and police and intelligence services, including the post-prison transition;
Amendment 310 #
2018/2044(INI)
Motion for a resolution
Recital AL a (new)
Recital AL a (new)
ALa. whereas policing and intelligence services receive, process and transfer both classified and unclassified information, which involves different regimes at every stage of using the information; whereas it is also necessary to distinguish between information used as intelligence, i.e. information that is processed by professionals for a specific purpose, and regular information; whereas it is necessary to at least distinguish between criminal intelligence, which is related to a police criminal case, from security intelligence, which is processed within an administrative framework;
Amendment 326 #
2018/2044(INI)
Motion for a resolution
Recital AN a (new)
Recital AN a (new)
AN a. whereas the SIS is the biggest, most widely used and most efficient IT system of the European Union in the area of freedom, security and justice, and is supported by the network of SIRENE Bureaux, providing significant added value in the field of international police cooperation and border control and particularly in the fight against terrorism.
Amendment 327 #
2018/2044(INI)
Motion for a resolution
Recital AO
Recital AO
AO. whereas there is a significant increase of information exchanges since Paris attacks in 2015 but data about information exchanges show that a small number of countries are responsible for a large proportion of available content in and searches of EU databases;
Amendment 353 #
2018/2044(INI)
Motion for a resolution
Recital AX a (new)
Recital AX a (new)
AX a. whereas six Member States are already involved in a pilot project known as ADEP for the automated transmission of police records between different countries and this project is working well.
Amendment 355 #
2018/2044(INI)
Motion for a resolution
Recital AY
Recital AY
AY. whereas a variety of factors can lead to difficulties in cooperation between the different national, regional and local services within the Member States, such as: overlapping competences and insufficiently delineated mandates; hesitancy to share information as this might result in loss of responsibility or loss of important information flows; legal obstacles when it comes to sharing information between different services or the possibility of using intelligence in court cases; services being obliged to compete with each other for resources; and technical barriers to information exchange;
Amendment 359 #
2018/2044(INI)
Motion for a resolution
Recital AY a (new)
Recital AY a (new)
AY a. whereas the principle of data ownership is crucial for ensuring confidence of the CT authorities in sharing information via EU databases between Member States and with Europol;
Amendment 360 #
2018/2044(INI)
Motion for a resolution
Recital AY b (new)
Recital AY b (new)
AY b. whereas communicating the post- hit information only to the SIRENE Bureau of the Member State issuing the alert under Article 36 and not to other Member States is sometimes insufficient for the purposes of following up the movements of the individuals related to terrorism or completing the relevant information in respect of such individuals; whereas the early warning of other Member States that could be concerned could be for example necessary where the person did not return directly to the Member State of origin or where s(he) was accompanied by nationals of another/other Member State(s) in respect of whom no alert had been issued since they remained unknown to the latter's competent authorities;
Amendment 375 #
2018/2044(INI)
Motion for a resolution
Recital BB
Recital BB
BB. whereas security services tend to cooperate and exchange information bilaterally or through the Counter Terrorism Group (CTG); whereas it is necessary to find a practical solution to fill the existing gaps between the parallel tracks of the law enforcement community and the intelligence community, as well as between Europol’s ECTC and the CTG, in order to allow a more systematic interaction between both communities and an enhanced operational cooperation, while still keeping them separatethere are diverse legislations and practices between the Member States and that there is a transfer of information through the CTG and Europol;
Amendment 383 #
2018/2044(INI)
Motion for a resolution
Recital BB a (new)
Recital BB a (new)
BB a. whereas it is possible to increase the effectiveness in the use of the structures of the Counter Terrorism Group (CTG) and the EU Intelligence and Situation Centre (EU INTCEN) for the exchange of information;
Amendment 424 #
2018/2044(INI)
Motion for a resolution
Recital BL a (new)
Recital BL a (new)
BL a. whereas since 7 April 2017 the new Regulation 2017/458 amending the Schengen Borders Code entered into force in response in particular to the worsening of the terrorist threat in order to provide for systematic checks on all persons crossing the external borders, including individuals enjoying the right of free movement against relevant databases;
Amendment 425 #
2018/2044(INI)
Motion for a resolution
Recital BL b (new)
Recital BL b (new)
BL b. whereas there is a lack of implementation in some areas of the regulation governing certain fields of border control, such as the systematic consultation of databases during border checks and thorough checking of the required entry conditions;
Amendment 441 #
2018/2044(INI)
Motion for a resolution
Recital BP a (new)
Recital BP a (new)
BP a. whereas, criminals can still today be recorded in different databases that are not connected under different aliases; whereas the current EU data management architecture therefore needs to be improved by the interoperability to eliminate blind spots, multiple false identities and provide the right information at the right time;
Amendment 444 #
2018/2044(INI)
Motion for a resolution
Recital BQ a (new)
Recital BQ a (new)
BQ a. whereas there are currently no minimum standards and common rules for the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement;
Amendment 447 #
2018/2044(INI)
Motion for a resolution
Recital BR
Recital BR
BR. whereas the fact that Member States, and more specifically the airport operato carriers on their territory, are not yet obliged to conduct conformity checks on passengers’ personal data on their ticket and ID card or passport, which makes it difficult to ascertain whether the given identity matches the true identity of the person;
Amendment 451 #
2018/2044(INI)
Motion for a resolution
Recital BR a (new)
Recital BR a (new)
BR a. whereas three quarters of the fraudulent documents detected at the external borders and in the EU imitate identity documents issued by the Member States and countries associated with the Schengen area; whereas national identity cards with a lower degree of security are the most frequently detected fake ones;
Amendment 460 #
2018/2044(INI)
Motion for a resolution
Recital BT
Recital BT
Amendment 466 #
2018/2044(INI)
Motion for a resolution
Recital BU
Recital BU
BU. whereas several Member States have not yet ratified the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 16 May 2005, also known as the "Warsaw Convention", which constitutes the most comprehensive international convention on money laundering and terrorist financing has been ratified by only 21 Member States so far; whereas confiscating assets generated by criminal activities is a very efficient tool to fight crime and terrorism, as it deprives criminals from the proceeds of their illegal activities and terrorists from organising an attack;
Amendment 467 #
2018/2044(INI)
Motion for a resolution
Recital BU a (new)
Recital BU a (new)
BU a. whereas the FATF sets the global standards for Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) and identifies jurisdictions with weak measures to combat money laundering and terrorist financing; whereas as of June 2018, the FATF has reviewed over 80 countries and publicly identified 65 of them as presenting strategic deficiencies in their AML/CFT regimes; whereas out of these 65, 55 have since made the necessary reforms to address their weaknesses;
Amendment 468 #
2018/2044(INI)
Motion for a resolution
Recital BU b (new)
Recital BU b (new)
BU b. whereas the EU adopted two legislative instruments to implement FATF recommendations, revised in 2012 Directive 2015/849 on the prevention of the use of the financial system for the purpose of money laundering (the fourth AML Directive), and Regulation 2015/847 on information accompanying transfers of funds, both revised in 2018 (5th AML Directive), in order to address the gaps identified in the light of terrorist attacks and various tax leaks; whereas Member States had until 26 June 2017 to transpose the 4th Anti-Money Laundering Directive into their national legislation and whereas not all Member States have done so1a; __________________ 1a As of July 2018, the Commission has opened infringement procedures for non- communication of transposition measures against 20 Member States: 3 are currently at the stage of court referrals, 9 at the stage of reasoned opinions, and 8 at the stage of Letters of Formal Notice;
Amendment 470 #
2018/2044(INI)
Motion for a resolution
Recital BU a (new)
Recital BU a (new)
BU a. whereas the European Parliament's Committee of Inquiry into Money laundering, tax avoidance and tax evasion (PANA) verified how tax evaders count on the active help of professional intermediaries, who apparently fulfil the legal obligations;
Amendment 471 #
2018/2044(INI)
Motion for a resolution
Recital BU b (new)
Recital BU b (new)
BU b. whereas in July 2017 the European Commission and Europol obtained the observer status of the Egmont Group, an international united body composed of 156 financial intelligence units (FIUs), with the aim of increasing cooperation between FIUs, but also among other competent authorities;
Amendment 472 #
2018/2044(INI)
Motion for a resolution
Recital BU c (new)
Recital BU c (new)
BU c. whereas the European Agenda on Security of April 2015 highlighted the need to tackle the nexus between terrorism and organized crime, underlining that organised crime feeds terrorism through various different channels, inter alia supplying weapons, financing through drug smuggling, and infiltrating financial markets;
Amendment 473 #
2018/2044(INI)
Motion for a resolution
Recital BU d (new)
Recital BU d (new)
BU d. whereas recent data leaks have proven the links between money laundering and tax evasion on the one hand and organised crime and financing of terrorism on the other hand; whereas, as acknowledged by the Commission, recent media reports have also linked large-scale VAT and excise fraud with organised crime, including terrorism;
Amendment 478 #
2018/2044(INI)
Motion for a resolution
Recital BV
Recital BV
BV. whereas social media fundraising, abuse and misuse of non-profit organisations and small wire transfers are funding methods for Daesh and other terrorist organisations; whereas micro lending platforms are used to facilitate all three of these typologies;
Amendment 481 #
2018/2044(INI)
Motion for a resolution
Recital BV a (new)
Recital BV a (new)
BV a. whereas alongside traditional terrorist financing methods like private donation, extortion, kidnapping for ransoms, abuse and misuse of non-profit organisations, formal and informal remittance systems, the use of proceeds of criminal activities, cash or funds transfer through banks, recent terrorist attacks have shown that emerging financing methods like the use electronic, online and new payment methods like virtual currencies or anonymous prepaid cards also pose a risk which may increase in the future;
Amendment 565 #
2018/2044(INI)
Motion for a resolution
Recital CY a (new)
Recital CY a (new)
CY a. whereas the Council Conclusions on EU External Action on Counter- terrorism adopted on 19 June 2017, recall the role of the Common Security and Defence Policy (CSDP) missions and operations in combating terrorism, through enhancing security, stability, border control and security sector reform, in building counter-terrorism capacity and information sharing;
Amendment 567 #
2018/2044(INI)
Motion for a resolution
Recital CZ
Recital CZ
Amendment 573 #
2018/2044(INI)
Motion for a resolution
Recital DA
Recital DA
DA. whereas deaths destroy families and leave a legacy of irrevocable sadness, and many of the injured survivors of terrorist attacks suffer disfiguring and life- changing loss of senses and limbs and their plight impacts heavily on close family, while too often once the media spotlight has passed, the long-term needs of the victims are neglected; whereas post- traumatic stress syndrome is a major public health issue in Europe; whereas there are no overall European figures on the impact of terrorism on the mental health of the population following the various attacks;
Amendment 576 #
2018/2044(INI)
Motion for a resolution
Recital DA
Recital DA
DA. whereas deaths destroy families and leave a legacy of irrevocable sadness, and many of the injured survivors of terrorist attacks suffer disfiguring and life- changing loss of senses and limbs and their plight impacts heavily on close family, while too often once the media spotlight has passed, the long-term needs of the victims are neglected;
Amendment 581 #
2018/2044(INI)
Motion for a resolution
Recital DB a (new)
Recital DB a (new)
DB a. whereas the difference between victims of terrorism and other traumatized groups of victims is especially psychosocial; whereas victims of terrorism are at risk of secondary victimization affecting them not only in judicial proceedings, but also in the many interactions they have with other State and non-State entities;
Amendment 584 #
2018/2044(INI)
Motion for a resolution
Recital DB b (new)
Recital DB b (new)
DB b. whereas at European level there is not a defined legal statute for victims of terrorism for the purposes of access to community services or compensation rights;
Amendment 615 #
2018/2044(INI)
Motion for a resolution
Recital DH a (new)
Recital DH a (new)
DH a. whereas one of the basic principles of democracy and the rule of law is the freedom of conscience that includes ideological and religious freedom; whereas the Charter of Fundamental rights enshrines the mentioned rights in Article 10;
Amendment 642 #
2018/2044(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that, at this stage, the EU and the Member States should improve cooperation through existing European agencies and bodies and Member States’ security and justice institutions;
Amendment 655 #
2018/2044(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Council to retain the post of EU Counter-Terrorism Coordinator, a measure taken following the adoption of the declaration on combating terrorism on 25 March 2004;
Amendment 659 #
2018/2044(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Commission to conduct impact assessments and local elected representative, local operator, citizen and expert stakeholder consultations of future counter- terrorism legislative proposals;
Amendment 662 #
2018/2044(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the jurisdiction of the European Public Prosecutor’s Office to be expanded to cover counter-terrorism within the framework of cross-border affairs and for its investigatory powers to be strengthened so that the European Public Prosecutor’s Office can open and conduct European investigations, in cooperation with Eurojust and Member States’ legal authorities;
Amendment 686 #
2018/2044(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends to the Member States that they start buildingprovide appropriate structures to respond to child returnees, building on existing child protection systems, to respond to child returnees and to children and young people at risk of radicalisation, and in particular the development of expertise, including that of experienced professionals, in the areas of trauma, extremism, child development, education and risk assessment and tailored to the local and national context, as well as clear legal and organisational structures for dealing with this alarming phenomenon and ensure the de-radicalisation and re-integration of child returnees; thus recommends to develop and finance programmes for the disengagement of already radicalised children and young people;
Amendment 696 #
2018/2044(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to establish and maintain appropriate ‘civil defence’ measures for preparedness against CBRN attacks by recruiting qualified and regularly trained personnel incorporating both full-time and voluntary staff, as well as appropriate technical infrastructure including response resources such as specialised detection vehicles, care for victims, etc., and the sharing of best practice; emphasises that these measures must be in line with a multidisciplinary strategy that contains methods of coordination, notification procedures, standard protocols, evacuation planning, public alarm systems and incident reporting; calls on the Commission and the Member States to gradually harmonise these strategies;
Amendment 715 #
2018/2044(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that terrorists have been known to start off in petty crime; is concerned that certain Member States’ justice systems have low conviction rates, with inadequate sentences being issued for serious crime and radicalised individuals being released prematurely or on parole; Therefore eEncourages Member States to organise their justice systems such as to ensure effective intervention vis- à-vis habitual offenders and sufficient dissuasiveness for such offenders;
Amendment 742 #
2018/2044(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for the creation of an EU ‘Centre of Excellence for Preventing Radicalisation (CoE PR)’, to be embedded in the Commission with adequate financial and human resources; believes its tasks should include coordination, including of funding, and facilitation of cooperation among Member States, policymakers, practitioners (by involving former RAN and ESCN structures), experts and researchers in the area of preventing and countering radicalisation, exchange of best practices, lighthouse projects and training of different professionals, including judges and prosecutors, also by partnering with key strategic third countries; considers that this centre should also establish methodologies to evaluate and measure the effectiveness of programmes and projects;
Amendment 748 #
2018/2044(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to mobilize the FRA in a more targeted way to support EU initiatives on prevention of radicalisation, integration and values, while upholding fundamental rights;
Amendment 749 #
2018/2044(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on EU ‘Centre of Excellence for Preventing Radicalisation (CoE PR)’ to carry out a follow-up of action plans against radicalisation in prisons and in post-prison transition;
Amendment 759 #
2018/2044(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission to identify objective indicators that will enable local and regional authorities to map out the local specificities of violent radicalisation, including the identification of vulnerable groups, this will help tailor anti-radicalisation programmes to the specific situation in a particular area;
Amendment 768 #
2018/2044(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the creation of a European Simone Veil Resilience Prize, which would be awarded every year to the best social and cultural project at local level in the EU, promoting societal engagement, EU fundamental values, inclusiveness and democracy with the aim of building resilient societies that are immune to polarisation and radicalisation;
Amendment 772 #
2018/2044(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission and the Member States to make a greater effort to build a framework from which to propose public policies of integration, in collaboration with local administrations, and assess their impact, mobilizing cross- cutting economic resources, technical and human resources, involving different Directorate-Generals (DGs), agencies and bodies, in order to avoid ghettos and the absence of law;
Amendment 784 #
2018/2044(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to encourage and tolerate only ‘practices of Islam’ that are in full accordance with EU valuedemocracy, rule of law and human rights; welcomes the initiatives by moderate Muslim religious communities throughout Europe to counter the dangerous narratives from within their communities
Amendment 795 #
2018/2044(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to conduct prior screenings of chaplains and to consistently blacklist any hate preachers; calls on the Commission to introduce an EU watch listMembers States to consistently and systematically upload that information to relevant existing national and European systems and data bases so as to better exchange information on radical chaplains;
Amendment 806 #
2018/2044(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to increase the offer of higher education opportunities for chaplains in the EU, with accrediting theological education programmes integrating EU valufully compatible with democracy, rule of law and human rights, with the neutrality and democratic laicism of European countries; invites the Commission and the Member States to develop and fundencourage a network of European religious scholars that can spread omote- and testify to - practices of Islam that are compliant with EU valuedemocracy, rule of law and human rights;
Amendment 817 #
2018/2044(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 824 #
2018/2044(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to implement the CT Directive under which incitement to commit a terrorist act is a criminal offence, in order to exclude hate preachers from public activity using all legal measures, including refusal of visas or expulsion from EU territory, and to start judicial proceedings against such preachers;
Amendment 835 #
2018/2044(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Member States to close without delay mosques and places of worship and ban associations that do not adhere to EU valuedemocracy, rule of law and human rights and incite to terrorist offences, hatred, discrimination or violence;
Amendment 847 #
2018/2044(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Member States to examine how to ensure that places of worship, education, charities, cultural associations and similar entities provide details regarding the provenance of their funds and their distribution, both within and outside the EU, and how data concerning these entities, where there exists suspicion or reasonable grounds to suspect links with terrorist groups, could be recorded in a centralised database, set up with all the appropriate guaranteesin accordance with the EU rule of law;
Amendment 858 #
2018/2044(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Asks the Member States to ban and remove all religious literature within their territory that incites toexplicitly incites to carry out violent and terrorist acts; asks for such literature to be removed from online platforms and shops as part of the referrals by the Internet Referral Unit;
Amendment 867 #
2018/2044(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Highlights that Member States have to ensure that all educational institutions provide education in accordance with the European Convention on Human Rights, through checks on curricula, regular inspections and sanctions for non- compliance;
Amendment 868 #
2018/2044(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Emphasises the importance of teaching non-discrimination, religious tolerance and promoting social inclusion for all children, in accordance with the EU Charter of Fundamental Rights, as well as the UN Convention on the Rights of the Child;
Amendment 871 #
2018/2044(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to establish binding procedures for schools for tackling the challenge of radicalised pupils, and to offer training for teachers with regard to this; stresses the need for involvement of law enforcement and justice bodies in the process of addressing radicalisationpolicies for the prevention of violent radicalization, both specific (vulnerable groups) and non-specific (general), including the educational community;
Amendment 880 #
2018/2044(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Urges the Commission and Member States to adopt a gender perspective on radicalisation, encompassing both the role of passive subject of girls and women in radicalization, and their role as an active radical subject or as an active de- radicalization agent;
Amendment 881 #
2018/2044(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Highlights the importance of conducting specific research on the role of women within targeted regions, countries and communities to understand their role and identified areas where women’s organisations could contribute to building greater resilience to radicalization;
Amendment 883 #
2018/2044(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25 c. Believes that gatherings in schools with victims and people who have overcome violent radicalization could be an effective tool for preventing counter- radicalisation;
Amendment 899 #
2018/2044(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the need to achieve automatic, fast and full removal of terrorist content; requestwelcomes the Commission to present a legislative proposal obliging companies to remove terrorist content fully within one hour and to introduceing clear reporting obligations on the incidence of terrorist content and removal rates, as well as sanctions for non- compliance;
Amendment 908 #
2018/2044(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the creation of an online European platform that citizens can use in order to flag terrorist and extremist content onlineWelcomes the work done by the Europol’s European Union Internet Referral Unit (EU IRU) who track the content of "terrorist propaganda" or "violent extremism" on the Internet, and report them to the platforms for immediate suppression;
Amendment 925 #
2018/2044(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Calls on Member States that have not yet done so to conclude a voluntary code of conduct with access providers undertaking to limit the number of users of any IP address and restrict the use of CGN technology and ensure as soon as possible the transition to the new generation Internet Protocol version offering an unlimited combination of IP addresses; asks the Commission, if necessary, to table a legislative proposal in this area;
Amendment 937 #
2018/2044(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on Member States to ensure safe and orderly prison conditions and to create specific procedures forand indicators to identify and deal with radicalised inmates, in order to prevent radicalisation of others, as well as to ensure targeted monitoring and targeted disengagement measures, and to train prison staff accordingly;
Amendment 968 #
2018/2044(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Urges Member States to implement, fully and on time, the existing legislation, and calls on the Commission to provide the necessary support; calls on the Commission to analyse the shortcomings in the transposition, implementation and application of the existing legislation, and to use its powers to initiate infringement proceedings when Member States fail to properly implement legislation;
Amendment 972 #
2018/2044(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Urges Member States to ensure that they have the necessary technical equipment (for example mobile devices allowing the police to check the biometrics of a person during on-the-spot checks), software, security systems and qualified staff to make full use of the existing information systems and cooperation mechanisms;
Amendment 980 #
2018/2044(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Deplores the insufficient character of the security research being conducted, and calls for a specific programme on security research to be established in the next MFF; calls on the Member States to regularly organise foresight exercises looking into future threat scenarios; supports the continued funding by the Commission of the establishment of modernised databases and the provision of up-to-date technical equipment and training of staff, and calls for a more ambitious approach in this respect;(Does not affect the English version)
Amendment 991 #
2018/2044(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Member States to respectcomply with their obligations under the CT Directive to exchange relevant information in connection with terrorist offences as soon as possible with the competent authorities of other Member States, not only on request but also spontaneously; competent law enforcement authorities should, without any prior request being necessary, provide to the competent law enforcement authorities of other Member States information and intelligence in cases where there are factual reasons to believe that this information and intelligence could assist in the detection, prevention or investigation of offences;
Amendment 993 #
2018/2044(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on Member States to ensure that information in connection with terrorist offences is consistently and systematically uploaded to European systems and platforms, particularly in the alert under Article 36 of the SIS II Regulation and synchronised where possible by implementing a consistent three-tier information sharing approach by making optimal and consistent use of SIS and Europol data that Europol processes for cross-checking and for analysis in the relevant analysis projects;
Amendment 1008 #
2018/2044(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Calls on the Commission to table a legislative proposal to extend the pilot project ADEP to all the Member States and Europol and to frame this project with a clear EU legal basis;
Amendment 1013 #
2018/2044(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Urges the Member States to systematically check all relevant databases and information systems and introduce all useful datadata that meet the quality requirements of the respective information systems in a timely manner;
Amendment 1025 #
2018/2044(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Welcomes the deployment of a central automated fingerprint identification system (AFIS) within SIS to enable end users to search SIS on the basis of fingerprint data; calls for the roll-out of the system by 2019; urges all Member States to implement the AFIS functionality of SIS immediately; notes that despite the legal basis of SIS II permitting the storage of fingerprints, such biometrics have so far only been used to confirm the identity of a person following a check on name or date of birth; believes that identification based solely on fingerprints would represent significant added value;
Amendment 1027 #
2018/2044(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Welcomes the deployment of a central automated fingerprint identification system (AFIS) within SIS to enable end users to search SIS on the basis of fingerprint data; calls for the roll-out of the system by 2019; urges all Member States to implement the AFIS functionality of SIS immediately; notes that despite the legal basis of SIS II permitting the storage of fingerprints, such biometrics have so far only been used to confirm the identity of a person following a check on name or date of birth; believes that identification based solely on fingerprints would represent significant added value;(Does not affect the English version)
Amendment 1028 #
2018/2044(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Welcomes the new type of alert: an "inquiry check" under Article 36 of the SIS and the new obligation for an immediate reply by the SIRENE Bureau in case of an alert linked to terrorism which complements the existing tools available to competent authorities for identifying and investigating on individuals related to terrorism;
Amendment 1030 #
2018/2044(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
Amendment 1033 #
2018/2044(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42 a. Welcomes the creation of the European travel information and authorisation system (ETIAS) which will be applied to visa-free nationals of third countries;
Amendment 1041 #
2018/2044(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for private planes, and charter flights and travel agencies to be covered by the EU PNR Directive and for air carriers to be obliged to collect PNR data;
Amendment 1047 #
2018/2044(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls on the Member States to interconnect their PIUs in order to facilitate the exchange of PNR, data and calls on the Commission to propose technological solutions to make the exchange of PNR data and their integration into different systems less time-consuming and demanding in terms of human resources by automating the processing of requests from one PIU to another; encourages, therefore, projects such as the ISF project led by the Netherlands to develop PIU.net based upon the established FIU.net; asks the Commission, together with Europol, to support the development of joint targeting rules and risk assessments to be applied by the Member States, in order to enable Europol to search national PNR data with central algorithms;
Amendment 1049 #
2018/2044(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Calls on the Commission to implement common standards for analysis of PNR data so as to identify suspicious persons or behaviours that would then be regarded as relevant for the purposes of Article 9 of the PNR Directive and thus sent to other Member States systematically and automatically;
Amendment 1068 #
2018/2044(INI)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48 a. Calls on the Member States for the full implementation of the Prüm Convention and EU Council Decision 2008/615/JHA, and adhesion to the European Information Exchange Model and the Swedish Initiative;
Amendment 1077 #
2018/2044(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Calls for the delineation of harmonised minimum data quality standards for data input, to be established at EU level, according to the criteria of the new data protection package, and applied across IT systems in order to ensure consistent quality of the data therein; urges eu-LISA to elaborate common indicators and checks and to develop a central monitoring capacity for data quality for all systems under its competence; calls for the implementation of automated data quality control mechanisms as proposed by the Commission; further recommends that when eu-LISA notes irregularities in its quality reports to the Member States, the Member State concerned should be obliged to correct the data or justify the lack of correction;
Amendment 1086 #
2018/2044(INI)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53 a. Calls to optimize the collaboration and coordination system defined by the Counter Terrorism Group (CTG) in order to reinforce the preventive function;
Amendment 1087 #
2018/2044(INI)
Motion for a resolution
Paragraph 53 b (new)
Paragraph 53 b (new)
53 b. Calls to optimize the work of the EU Intelligence and Situation Centre (EU INTCEN) to increase its effectiveness in the fight against terrorism;
Amendment 1092 #
2018/2044(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Calls on the Member States to explore new approaches to intensifying cooperation and exchange of information between law enforcement and intelligence services at national level, e.g. through secure, pseudonymised hit/no hit search solutions, which preserve the necessary separation between law enforcement and intelligence work and the required principles of information ownership and source protection;
Amendment 1099 #
2018/2044(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
Amendment 1106 #
2018/2044(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Calls on the Member States to examine the possibility of better coordination and cooperation between intelligence and law enforcement services at EU level by increasingly sending intelligence experts in addition to law enforcement staff to the meetings of the Counter-Terrorism Joint Liaison Team (CTJLT) at Europol, which could serve as a blueprint for further cooperation between law enforcement and intelligence; calls on the Commission to support the CTJLT, including special funding; advises the Member States to set up a European Intelligence Academy in order to coordinate intelligence services within the Member States and to enhance interaction between them by developing good practices and training programmes, the ultimate aim being to create a truly European network;
Amendment 1120 #
2018/2044(INI)
Motion for a resolution
Paragraph 57 a (new)
Paragraph 57 a (new)
57 a. Calls on the Commission to determine, with the active participation and agreement of experts from the Member States, good practices in terms of follow-up procedures for hits on persons involved in terrorism or terrorism-related activities under Article 36 and to incorporate these into the SIS/SIRENE Best Practices Catalogue and amend the SIRENE Manual, if necessary;
Amendment 1122 #
2018/2044(INI)
Motion for a resolution
Paragraph 57 b (new)
Paragraph 57 b (new)
57 b. Calls on the Commission to implement a "post-hit" information exchange mechanism that would enable all or at least Member States concerned to be informed of the hits generated by the movements of persons involved in terrorism or terrorism-related activities; underlines the need for mapping of the travel movements of FTFs/returnees/ persons involved in terrorist activities based on SIS hits in order to gain a clear and comprehensive picture that can provide a basis for taking further measures;
Amendment 1129 #
2018/2044(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Calls for Europol to become a veritable hub for information exchange and cooperation in the field of counter- terrorism in the EU, if necessary with a stronger mandate;
Amendment 1133 #
2018/2044(INI)
Motion for a resolution
Paragraph 58 a (new)
Paragraph 58 a (new)
58 a. Invites Europol to make full use of its current rights to access SIS, VIS and Eurodac with the purpose of enhancing interoperability, while respecting fundamental rights and data protection legislation;
Amendment 1134 #
2018/2044(INI)
Motion for a resolution
Paragraph 58 a (new)
Paragraph 58 a (new)
58 a. Calls on the Commission to strengthen Europol's mandate so it is given proper investigative powers within Europe, while also ensuring it has the legal capacity to conduct criminal proceedings;
Amendment 1135 #
2018/2044(INI)
Motion for a resolution
Paragraph 58 b (new)
Paragraph 58 b (new)
58 b. Calls on Europol to ensure the timely availability of QUEST to Member States, with the purpose of enhancing interoperability;
Amendment 1140 #
2018/2044(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Urges Member States to ensure full flexibility for contacts between Europol and the relevant authorities when it comes to terrorist offences, considering that in the field of CT speed is often essential; encourages Member States to use ‘on-the- spot deployments’ of Europol specialists, as this increases trust and reduces administrative burdens; calls on the Member States to ensure direct access of Member States’ law enforcement CT services (beyond federal/central level) to Europol's services;
Amendment 1152 #
2018/2044(INI)
Motion for a resolution
Paragraph 63 a (new)
Paragraph 63 a (new)
63 a. Welcomes the new provision in the future SIS II allowing Europol, unless legal or operational reasons require otherwise, to be informed of any new alert or any hit linked to terrorism in the SIS; notes this will allow cross-checks and, if deemed appropriate, operational and/or thematic analyses, in order to proceed with the mapping of travel patterns and/or to analyse the located individual(s)'s possible connections; calls on the Commission to quickly implement in an automatic way this new possibility;
Amendment 1154 #
2018/2044(INI)
Motion for a resolution
Paragraph 63 b (new)
Paragraph 63 b (new)
63 b. Calls on Europol to fully develop biometric capacity as soon as possible, as it would be important for Member States to increasingly share biometric information with Europol;
Amendment 1162 #
2018/2044(INI)
Motion for a resolution
Paragraph 64 a (new)
Paragraph 64 a (new)
64 a. Calls on the Member States and Europol's support and contribution to the watch list to be developed for ETIAS and for the VIS as well as cooperation between Europol and Member States for the purpose of an assessment of visitors’ applications prior to their arrival at the external borders crossing points;
Amendment 1165 #
2018/2044(INI)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65 a. Calls on the Member States to systematically involve Eurojust in their counter terrorism investigations and prosecutions with a cross-border dimension and make efficient use of Eurojust’s coordination tools;
Amendment 1170 #
2018/2044(INI)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Calls on Eurojust to continue enlarging its network of contact points in third countries, and encourages the posting to Eurojust of more liaison prosecutors, for example from the Western Balkans;(Does not affect the English version.)
Amendment 1171 #
2018/2044(INI)
Motion for a resolution
Paragraph 67 a (new)
Paragraph 67 a (new)
67 a. Call for more systematic cooperation among the JHA agencies working on CT to develop joint approaches and synergies given the increasing role of the agencies in counter- terrorism; believes that regular joint meetings of all the key agencies could further develop joint work on CT and increase synergies with their liaison officers in delegations;
Amendment 1174 #
2018/2044(INI)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67 b. Calls on the Member States to increase the number of Seconded National Experts with CT background to agencies with a view to ensuring a representation of Member States needs and allowing the agencies to have the necessary expertise in the CT field, in the context of their mandates;
Amendment 1178 #
2018/2044(INI)
Motion for a resolution
Paragraph 68 a (new)
Paragraph 68 a (new)
68 a. Invites CEPOL to continue developing training programmes for end- users of SIS, on the basis of the SIRENE Manual and Best Practices Catalogue, on the topic of persons involved in terrorism or terrorism-related activities, including foreign terrorist fighters, who are the subject of alerts in SIS.
Amendment 1186 #
2018/2044(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Calls on the Commission to examine the possibility of a legislative proposal that obliges service providers and communications platforms present on the EU market to cooperate when it comes to encrypted communications if there is a judicial decision to that effect; reminds that such cooperation should not entail any obligation to decrypt the data and should not weaken the security of their networks and services, for instance by creating or facilitating "backdoors";
Amendment 1201 #
2018/2044(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Urges the Member States to invest in up-to-standard ICT equipment at all border crossings to allow for proper checks using all relevant databases; asks the Commission to set a benchmark for technical standards of such ICT equipment, after consulting eu-LISA; considers that the work on the proposals for interoperability of information systems should be taken as an opportunity to improve and partially harmonise national IT systems and national infrastructure at border crossing points;
Amendment 1204 #
2018/2044(INI)
Motion for a resolution
Paragraph 73 a (new)
Paragraph 73 a (new)
73 a. Ask the Commission to closely monitor the implementation of the new Regulation (EU) 2017/458 which provides for systematic checks on all persons crossing the external borders and in particular the use of the derogation on systematic checks;
Amendment 1205 #
2018/2044(INI)
Motion for a resolution
Paragraph 73 b (new)
Paragraph 73 b (new)
73 b. Calls on the Members States to further develop mutual cross-border police cooperation through joint threat assessment, risk analysis and patrols;
Amendment 1206 #
2018/2044(INI)
Motion for a resolution
Paragraph 73 c (new)
Paragraph 73 c (new)
73 c. Calls on the Member States to bring their border management in line with the IBM concept; stresses the need to ensure the full implementation of the IBM strategy at the European and national levels and thus strengthen the management of the external borders;
Amendment 1215 #
2018/2044(INI)
Motion for a resolution
Paragraph 75 a (new)
Paragraph 75 a (new)
75 a. Welcomes the Commission proposal on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement;
Amendment 1216 #
2018/2044(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
Amendment 1223 #
2018/2044(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
Amendment 1232 #
2018/2044(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Calls on the Member States to make it compulsory for airport operato carriers to conduct conformity checks when passengers board a plane in order to make sure that the identity stated on the ticket matches the ID card or passport in the passenger’s possession;
Amendment 1237 #
2018/2044(INI)
Motion for a resolution
Paragraph 79
Paragraph 79
Amendment 1240 #
2018/2044(INI)
Motion for a resolution
Paragraph 80
Paragraph 80
Amendment 1245 #
2018/2044(INI)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Notes that suspects whose personal data was previously processed by the EBCGA will disappear in the analytical system after 90 days and appear as unknown/new suspects; calls, therefore, for the extension of the retention period of personal data managed by the EBCGA related to suspects of cross-border crime and terrorism up to a period of 3 years, similarly to the retention period of Europol and Eurojust;
Amendment 1250 #
2018/2044(INI)
Motion for a resolution
Paragraph 83
Paragraph 83
83. Calls on the co-legislators to make it compulsory for EBCGA to share urgent information with the Member States within 24 hours;
Amendment 1251 #
2018/2044(INI)
Motion for a resolution
Paragraph 83 a (new)
Paragraph 83 a (new)
83 a. Calls on the Member States and the EU bodies, such as Europol and INTCEN to regularly give to EBCA strategic information on CT related to the border dimension; believes this should also include feedback after second line security checks and information related to document fraud;
Amendment 1258 #
2018/2044(INI)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85 a. Invites the European Border and Coast Guard Agency to develop training programmes and deliver training courses for border guards focusing on reinforcing checks against relevant databases at external borders and supporting the implementation of common risk indicators;
Amendment 1261 #
2018/2044(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
Amendment 1271 #
Amendment 1274 #
2018/2044(INI)
Motion for a resolution
Paragraph 88
Paragraph 88
Amendment 1282 #
2018/2044(INI)
Motion for a resolution
Paragraph 89
Paragraph 89
Amendment 1287 #
2018/2044(INI)
Motion for a resolution
Paragraph 90
Paragraph 90
Amendment 1296 #
2018/2044(INI)
Motion for a resolution
Paragraph 91
Paragraph 91
91. Encourages Member States and third countries to implement the conclusions of the “No money for terror” conference held April 2018 in Paris, the FATF recommendations, as well as the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation adopted by the FATF in February 2012 (the so-called ‘revised FATF Recommendations’), without delay;
Amendment 1297 #
2018/2044(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Calls on those Member States which have not yet ratified the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism to ratify and transpose it; calls on those Member States to properly implement the Regulation of the European Parliament and Council regarding the Mutual Recognition of Freezing and Confiscation Orders;
Amendment 1298 #
2018/2044(INI)
Motion for a resolution
Paragraph 92 a (new)
Paragraph 92 a (new)
92 a. Calls on Member States who have not implemented the 4th AMLD to do so without delay; encourages Member States to take the necessary measures to make sure they transpose the 5th AMLD within the deadline, set for 10 January 2020; recalls that more transparency with respect to ultimate beneficial owners of corporate entities, trusts and similar arrangements, as requested by this directive, is an effective tool against money laundering and terrorist financing;
Amendment 1306 #
2018/2044(INI)
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93 a. Calls on the Member States to regulate hawala, making it mandatory to declare to the authorities every transaction made using the hawala system, and emphasising that the aim is not to crack down on traditional informal money transfers, but on trafficking involving organised crime, terrorism or industrial/commercial profits deriving from dirty money;
Amendment 1311 #
2018/2044(INI)
Motion for a resolution
Paragraph 94 a (new)
Paragraph 94 a (new)
94 a. Welcomes the proposal for a Regulation on the importation of cultural goods;
Amendment 1316 #
2018/2044(INI)
Motion for a resolution
Paragraph 96 a (new)
Paragraph 96 a (new)
96 a. Welcomes the adoption of new rules regarding the control of cash entering or leaving the European Union1a and calls for its swift implementation; calls on the Commission to evaluate whether other assets should be included within the scope of this Regulation, whether the disclosure procedure for unaccompanied cash fits the purpose and whether the threshold for unaccompanied cash should be reviewed in the future; __________________ 1a Regulation of the European Parliament and of the Council on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005
Amendment 1330 #
2018/2044(INI)
Motion for a resolution
Paragraph 98
Paragraph 98
98. Calls for the establishment of a European Union Terrorist Financing Tracking System (TFTS) for transactions by individuals with links to terrorism and its financing made within the Single Euro Payments Area, which would be complementary to the Terrorist Financing Tracking Program (TFTP) in the US and would ensure a balance is struck between security and individual freedoms; points out that European data protection standards would apply to this intra- European system;
Amendment 1336 #
2018/2044(INI)
Motion for a resolution
Paragraph 99
Paragraph 99
99. UCalls on the Member States to make better use of the informal network of European Financial Information Units (FIU.net), by implementing the 5th Anti- Money Laundering Directive and by adopting regulatory measures to address other issues stemming from the divergent status and competences of financial intelligence units, in particular to facilitate coordination and exchange of information; urges the further development and capabilities of FIU.net by Europol so that it can be used to its full potential and in order to facilitate the manual processing of bilateral requests;
Amendment 1341 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99 a. Urges Member States to ensure FIUs exchange any information that may be relevant for the processing or analysis of information by the FIU related to money laundering or terrorist financing and the natural or legal person involved; calls for greater harmonisation of the status and functioning of European FIUs;
Amendment 1342 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99 a. Reiterates the position of the European Parliament on AMLD 5 regarding the creation of a European FIU in order to overcome the current cooperation difficulties which exist between national FIUs; believes an EU FIU should be set up in order to coordinate, assist and support Member Sates FIUs in cross-border cases;
Amendment 1353 #
2018/2044(INI)
Motion for a resolution
Paragraph 100 a (new)
Paragraph 100 a (new)
100 a. Welcomes the Commission's Action Plan to support the protection of public spaces and encourages the Member States to exchange best practices and establish collaborative networks between public and private sector actors if necessary;
Amendment 1357 #
2018/2044(INI)
Motion for a resolution
Paragraph 104
Paragraph 104
104. Calls on Member States to establish national multidisciplinary crisis response centres for coordination and emergency response in case of an attack or incident; calls for these centres to make use of the EU Integrated Political Crisis Response (IPCR) arrangements to give coordinated responses to three key instruments: the central IPCR 24/7 contact point, the IPCR web platform, and the Integrated Situational Awareness and Analysis (ISAA) report;
Amendment 1359 #
2018/2044(INI)
Motion for a resolution
Paragraph 105 a (new)
Paragraph 105 a (new)
105 a. Encourages the Commission to publish guidances for Member States with the aim of increasing the protection of public spaces;
Amendment 1360 #
2018/2044(INI)
Motion for a resolution
Paragraph 106
Paragraph 106
106. Calls for Directive 2008/114 to be revised, in order to: provide similar rules and procedures for ‘operators of essential services’ as in the NIS Directive; ensure that designation of ECIs be done on the basis of an analysis of the systems supporting vital and cross-border services, rather than a sector-by-sector approach, taking due account of the importance of cybersecurity; allow the Commission to designate assets of pan-European services as ECIs; take due account of existing interdependencies; create an obligation for enterprises and public agencies to report incidents, conduct stress tests, provide appropriate training at the designated contact points and establish quality requirements as regards business continuity plans in the case of an incident or attack;
Amendment 1362 #
2018/2044(INI)
Motion for a resolution
Paragraph 106
Paragraph 106
106. Calls for Directive 2008/114 to be revised, in order to: provide similar rules and procedures for ‘operators of essential services’ as in the NIS Directive; ensure that designation of ECIs be done on the basis of an analysis of the systems supporting vital and cross-border services, rather than a sector-by-sector approach, taking due account of the importance of cyberdigital security; allow the Commission to designate assets of pan-European services as ECIs; take due account of existing interdependencies; create an obligation to report incidents, conduct stress tests, provide appropriate training at the designated contact points and establish quality requirements as regards business continuity plans in the case of an incident or attack;
Amendment 1367 #
2018/2044(INI)
Motion for a resolution
Paragraph 108
Paragraph 108
108. Underlines the need to put in place effective response strategies including clear lines of communication in the case of an attackby the immediate reaction teams, in order to reduce casualty rates and minimise the impacimprove the management onf the publicsituation; urges the Member States to step up their engagement with the mechanisms that have already been put in place on European level;
Amendment 1369 #
2018/2044(INI)
Motion for a resolution
Paragraph 109 a (new)
Paragraph 109 a (new)
109 a. Welcomes the creation inside the European Counter Terrorism Centre (ECTC) of a knowledge hub on the topic of CBRNE, which will be alongside the European Nuclear Security Training Centre (EUSECTRA); asks for a standard procedure in which every Member State effectively shares information with the knowledge gathering Centre;
Amendment 1374 #
2018/2044(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
110. Believes that a systemthere must be set up for car rental agencies to check the identity of clian evaluation for the creation of a system to allow police authorities to receive information from car rentsal against police databases, showing only a red or green flagencies when investigating and following a person under suspicion;
Amendment 1378 #
2018/2044(INI)
Motion for a resolution
Paragraph 111
Paragraph 111
Amendment 1382 #
2018/2044(INI)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111 a. Encourages to foster preparation and drills, such as the one that took place the 29th of June between Belgium and the Netherlands, to ensure an Integrated Political Crisis Response (IPCR); believes that the EU can offer a supporting framework to that cooperation, notably in topics like the medical care (European Medical Corps), public safety (Health Security Committee), or decontaminating protocols, as well as coordinating special intervention units from the national police and civil protection forces;
Amendment 1385 #
2018/2044(INI)
Motion for a resolution
Paragraph 113
Paragraph 113
113. Calls for the establishment of a European system of licences for specialised buyers, different from the general public, which obliges economic operators to be registered in order to be allowed to legally manufacture, distribute or sell substances listed in the Annexes, or involving mixtures or substances containing them; calls on Member States to set up inspection systems to identify non- compliance with the regulation by economic operators;
Amendment 1386 #
2018/2044(INI)
Motion for a resolution
Paragraph 113 a (new)
Paragraph 113 a (new)
113 a. Welcomes the impact assessment of Regulation 98/2013 on explosive precursors, which will be followed by a revision of the efficiency, coherence and added value to add the required new measures to strengthen restriction and control on the use and possession of explosive precursors; encourages to evaluate the mandatory information exchange process established by this Regulation;
Amendment 1390 #
2018/2044(INI)
Motion for a resolution
Paragraph 118
Paragraph 118
Amendment 1402 #
2018/2044(INI)
Motion for a resolution
Paragraph 121 a (new)
Paragraph 121 a (new)
121 a. Reminds that the European Commission has adopted a report on the evaluation of Regulation 258/2012 that establishes rules for authorised export, import and transit for non-military firearms, reaching the conclusion that the Regulation continues to be necessary but that its' effectiveness is limited by the lack of precision of some dispositions and the complex interaction with other legislation instruments of the EU.
Amendment 1431 #
2018/2044(INI)
Motion for a resolution
Paragraph 125
Paragraph 125
125. Calls on the Commission to strengthen support to third countries, especially neighbouring countries, in their efforts to tackle crime and trafficking as a source of terrorist financing; asks to strengthen the relations with them to accelerate the freezing of assets coming from illegal trafficking;
Amendment 1434 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 a (new)
Paragraph 125 a (new)
125 a. Calls for enhanced cooperation and identification of synergies between Common Security and Defence Policy (CSDP) missions and operations and Justice and Home Affairs Council (JHA) actions;
Amendment 1436 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 a (new)
Paragraph 125 a (new)
125 a. Calls on the Member States to make full use of intelligence analysis on CT from the European Union Intelligence and Situation Centre (EU INTCEN);
Amendment 1439 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 b (new)
Paragraph 125 b (new)
125 b. Calls on the Commission to give a clear mandate for IntCen to reach out directly to analysts within EU delegations in order to increase the flow of relevant information to the EU’s central intelligence system;
Amendment 1440 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 b (new)
Paragraph 125 b (new)
125 b. Asks to increase the relevance of the European Day of Remembrance of Victims of Terrorism, the 11th of March;
Amendment 1449 #
2018/2044(INI)
Motion for a resolution
Paragraph 126
Paragraph 126
126. Calls on the Commission to establish an EU Coordination Centre for victims of terrorism (CCVT), which should provide timely and adequate crisis support in cases of mass attacks in one or severalto Member States; considers that amongst others, the role of the CCVT wouldshall be to ensure the provision of expertise at EU level by promoting exchange of knowledge, protocols and best practices;
Amendment 1450 #
2018/2044(INI)
Motion for a resolution
Paragraph 126 a (new)
Paragraph 126 a (new)
126 a. Asks the CCVT to consecrate itself to the collection of data as well as to the investigation and promotion of practical proposals, such as the creation of protocols in order to: 1) guarantee the first emotional attention to the victims of terrorism; 2) bring forward the subsequent psychological and emotional support for victims of terrorism; 3) avoid a second victimisation during the judicial process or bureaucratic interactions; 4) guarantee the effective access to justice, especially in attacks involving transnational victims; 5) foster good practices for the media in sensible topics for victims of terrorism and their families;
Amendment 1451 #
2018/2044(INI)
Motion for a resolution
Paragraph 126 b (new)
Paragraph 126 b (new)
126 b. Asks the CCVT, for the purpose of investigation and improvement of protocols, to create an official Register of Victims of Terrorism in the EU, fully complying with the data protection regulations;
Amendment 1452 #
2018/2044(INI)
Motion for a resolution
Paragraph 126 c (new)
Paragraph 126 c (new)
126 c. Urges that a single authority responsible for acting as a national contact point for the CCVT to be established at national level;
Amendment 1453 #
2018/2044(INI)
Motion for a resolution
Paragraph 127
Paragraph 127
127. Calls on the Commission to establish a single on-line platform in all EU languages for the rights of and support to victims of terrorism, which would be managed by the CCVT, with a single point of contact at each national level including a helpline; asks the CCVT to have a public register of accredited organisations for support of the victims, available for consultations and improvement of the protocols elaborated;
Amendment 1461 #
2018/2044(INI)
Motion for a resolution
Paragraph 128
Paragraph 128
128. Calls on the Commission to put forward a legislative proposal on the victims of terrorism, including a clearommon definition of their specific status and status of victim of terrorism and their rights, and a standardised form to claim compensation; considers that there should be a simplified procedure at national level for granting automatic compensation to victims of terrorism directly after an attack and for sanctioning fraudsters, and that the question of further compensation should be reviewed at regular intervals on the basis of an assessment of the victim’s situation;
Amendment 1463 #
2018/2044(INI)
Motion for a resolution
Paragraph 128 a (new)
Paragraph 128 a (new)
128 a. Believes that the scope of application of the common definition of victim of terrorism shall cover at least: 1) people deceased; 2) people who suffered physical and/or psychological damage; 3) people who suffered kidnappings or threats; 4) the spouse of the deceased or person linked to him by the same relation of affection, including parents and children, grandparents and siblings;
Amendment 1465 #
2018/2044(INI)
Motion for a resolution
Paragraph 128 a (new)
Paragraph 128 a (new)
128 a. Calls on the Commission to initiate a dialogue with the Member States in order to reduce the large disparities existing in the national financial compensation granted by each state to the victims of terrorist attacks;
Amendment 1468 #
2018/2044(INI)
Motion for a resolution
Paragraph 129 a (new)
Paragraph 129 a (new)
129 a. Underlines that effective information rights imply generic considerations regarding assistance and right services, economic and procedural, which the victim can access, as well as specific information about the procedures of the lawsuit dealing with their legitimate interests;
Amendment 1469 #
2018/2044(INI)
Motion for a resolution
Paragraph 130
Paragraph 130
130. Stresses that notification to victim’s families should be delivered by specifically trained professionals in a dignified, humane and appropriate way, ensuring that the media do not reveal their identities without their prior consent, and that particular attention and priority should be given towhen handling minorschildren;
Amendment 1470 #
2018/2044(INI)
Motion for a resolution
Paragraph 130
Paragraph 130
130. Stresses that notification to victim’s families should be delivered by specifically trained professionals in a dignified, humane and appropriate way, ensuring that the media do not reveal their identities without their prior consent, and that priority should be given to handlingthe respect for minors;
Amendment 1473 #
2018/2044(INI)
Motion for a resolution
Paragraph 132
Paragraph 132
132. Calls on the Member States to ensure that the needed assistance is provided to victims of terrorism, and if needed, also encompasses measures such as first aid, psychological support, cash advances to help cover immediate expenses, certified childcare and home support, tax relief schemes and help with transport in the case of a temporary or permanent disability;
Amendment 1475 #
2018/2044(INI)
Motion for a resolution
Paragraph 133
Paragraph 133
133. Calls on the Member States, with the support of the Commission, to ensure that professionals of all relevant national services are adequately trained on the specific needs of victims of terrorism, and especially first responders; notes that the CCVT will help in the tasks of professional training, including for policemen, lawyers and other staff that deals with victims, and also with insurance companies or compensation authorities;
Amendment 1477 #
2018/2044(INI)
Motion for a resolution
Paragraph 133 a (new)
Paragraph 133 a (new)
133 a. Requires the institutions to safeguard that a subsequent victimisation derived from humiliation and attacks to the image of the victims coming from social sectors related to the attacker does not take place;
Amendment 1478 #
2018/2044(INI)
Motion for a resolution
Paragraph 133 b (new)
Paragraph 133 b (new)
133 b. Ask Member States to forbid homages to terrorists with a final judgment on terrorist activities;
Amendment 1479 #
2018/2044(INI)
Motion for a resolution
Paragraph 133 c (new)
Paragraph 133 c (new)
133 c. Asks Member States to pay special attention to victims when they can suffer harassment or they fear they might be attacked again by the social entourage of the aggressors;
Amendment 1481 #
2018/2044(INI)
Motion for a resolution
Paragraph 134
Paragraph 134
Amendment 1483 #
2018/2044(INI)
Motion for a resolution
Paragraph 134 a (new)
Paragraph 134 a (new)
134 a. Considers that there should be a national simplified process to grant an automatic indemnisation to victims of terrorism right after an attack to allow them to face the first expenditures;
Amendment 1484 #
2018/2044(INI)
Motion for a resolution
Paragraph 135
Paragraph 135
135. Calls on the Member States to ensure that all victims of terrorism are entitled to be a party in judicial proceedings relating to a terrorist attack concerning them and to take into account the specific situation of cross-border victims; asks Member States to guarantee that degrading or humiliating contacts between the victims and the aggressor or his entourage do not in criminal procedures;
Amendment 46 #
2018/0331(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society, by preventing the misuse of hosting services for terrorist purposes. The functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers, reinforcing users’ trust in the online environment, and by strengthening safeguards to fundamental rights, including the freedom of expression and information.
Amendment 83 #
2018/0331(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) This Regulation should not have the effect of modifying the obligation for Member States to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on the European Union and Article 11 of the Charter of Fundamental Rights, nor the applicable rules on the processing of personal data, such as Regulation 2016/679 and Directive 2016/680.
Amendment 86 #
2018/0331(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The right to an effective remedy is enshrined in Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union. Each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this Regulation, which can adversely affect the rights of that person. The right includes, in particular the possibility for hosting service providers and content providers to effectively contest the removal orders before the court of the Member State whose authorities issued the removal order. That right can be exercised before the court of the Member State where the hosting service provider has its main establishment or where the legal representative designated by the hosting provider pursuant to Article 16 resides or is established.
Amendment 124 #
2018/0331(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it, following an assessment by the competent authorities, should be harmonised. Member States should remain free as to the choice of the competent authorities allowing them to designate administrative, law enforcement or judicial authorities with that taskfreely designate their competent authority. Given the speed at which terrorist content is disseminated across online services, this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order. It is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the Union.
Amendment 184 #
2018/0331(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) This Regulation does not affect the procedural guarantees and procedural investigation measures related to the access to content and related data preserved for the purposes of the investigation and prosecution of terrorist offences, as regulated under the national law of the Member States, and under Union legislation. Access to such content and data must be subject to a review by a court or independent administrative body, except in urgent cases.
Amendment 208 #
2018/0331(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure the effective and sufficiently coherent implementation of proactive measures, competent authorities in Member States should liaise and cooperate with each other with regard to the discussions they have with hosting service providers as to the identification, implementation and assessment of specific proactive measures. Similarly, such cooperation is also needed in relation to the adoption of rules on penalties, as well as the implementation and the enforcement of penalties.
Amendment 226 #
2018/0331(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In the absence of a general requirement for service providers to ensure a physical presence within the territory of the Union, there is a need to ensure clarity under which Member State's jurisdiction the hosting service provider offering services within the Union falls. As a general rule, the hosting service provider falls under the jurisdiction of the Member State in which it has its main establishment or in which it has designated a legal representative. Nevertheless, where another Member State issues a removal order, its authorities should be able to enforce their orders by taking coercive measures of a non-punitive nature, such as penalty payments. With regards to a hosting service provider which has no establishment in the Union and does not designate a legal representative, any Member State should, nevertheless, be able to issue penalties, provided that the principle of ne bis in idem is respected.
Amendment 232 #
2018/0331(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) For the purposes of this Regulation, Member States should designate a competent authoritiey in line with their constitutional limits. The requirement to designate one competent authoritiesy does not necessarily require the establishment of new authorities but can be existing bodies tasked with the functions set out in this Regulation. This Regulation requires designating authorities competent for issuing removal orders, referrals and for overseeing proactive measures and for imposing penalties. It is for Member States to decide how many authorities they wish to designate for these tasks.
Amendment 381 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The competent authority shall have the power to issue a decisionremoval order requiring the hosting service provider to remove terrorist content or disable access to it. This power shall be controlled by the competent judicial authority determined in accordance with national law.
Amendment 387 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The competent authority shall inform as a matter of priority of the issuing of the removal order the competent authorities of other Member States which may be concerned and/or interested by the content of the removal order.
Amendment 402 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) a detailed statement of reasons explaining why the content is considered terrorist content, at least, by reference to the categories of terrorist content listed in Article 2(5);
Amendment 420 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Upon request by the hosting service provider or by the content provider, the competent authority shall provide a detailed statement of reasonsThe competent authority shall provide a detailed statement of reasons, including the justification of the need for the immediate takedown, without prejudice to the obligation of the hosting service provider to comply with the removal order within the deadline set out in paragraph 2.
Amendment 422 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Upon request by the hosting service provider, the competent authority shall provide detailed information about the possible legal ways to contest the removal order in accordance with the national judicial proceedings. This request does not forfeit the obligation of the hosting service provider to comply with the removal order in the terms set out in this Article.
Amendment 424 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The competent authoritiesy shall address removal orders to the main establishment of the hosting service provider or to the legal representative designated by the hosting service provider pursuant to Article 16 and transmit it to the point of contact referred to in Article 14(1). Such orders shall be sent by electronic means capable of producing a written record under conditions allowing to establish the authentication of the sender, including the accuracy of the date and the time of sending and receipt of the order.
Amendment 456 #
2018/0331(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Where the hosting service provider considers that the referral does not contain sufficient information to assess the referred content, it shall inform without delay the competent authoritiesy or relevant Union body, setting out what further information or clarification is required.
Amendment 502 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where the competent authority referred to in Article 17(1)(c) considers that the proactive measures taken and reported under paragraph 2 are insufficient in mitigating and managing the risk and level of exposure, it may request the hosting service provider to take specific additional proactive measures. For that purpose, the hosting service providercompetent authority shall coopellaborate with the competent authority referred to in Article 17(1)(c)hosting service provider with a view to identifying the specific measures that the hosting service provider shall put in place, taking due account of the nature, the technical, economical and operational capacity of the hosting service provider, establishing key objectives and benchmarks as well as timelines for their implementation.
Amendment 527 #
2018/0331(COD)
(a) proceedings of administrative or judicial review and remedy,
Amendment 553 #
2018/0331(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Hosting service providers which are or have been subject to referral or a removal order shall publish an annual transparency reports on action taken against the dissemination of terrorist content.
Amendment 598 #
2018/0331(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
Amendment 613 #
2018/0331(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that their competent authoritiesy haves the necessary capability and sufficient resources to achieve the aims and fulfil their obligations under this Regulation.
Amendment 652 #
2018/0331(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 666 #
2018/0331(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Each Member State shall designate the authority ora single administrative or judicial authoritiesy competent to
Amendment 679 #
2018/0331(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Right to an effective judicial remedy 1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a competent authority. 2. Proceedings against a competent authority shall be brought before the courts of the Member State where the hosting service provider has its main establishment or where, pursuant to Article 16, the legal representative designated resides or is established, without prejudice of the jurisdiction rules defined in Article 15. 3. Competent authorities must comply with the relevant European and national legislation when carrying out the duties described in Article 4, 5 and 6 of this Regulation. 4. If the judicial authority deems that the competent authority does not comply with the relevant legal framework, the competent authority shall ensure without undue delay the restitution of the content targeted by the removal order or referral.
Amendment 730 #
2018/0331(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
No sooner than [three years from the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and submit a report to the European Parliament and to the Council on the application of this Regulation including the functioning of the effectiveness of the safeguard mechanisms and the impact on Fundamental Rights, including freedom of expression and freedom to receive and impart information. Where appropriate, the report shall be accompanied by legislative proposals. Member States shall provide the Commission with the information necessary for the preparation of the report.
Amendment 125 #
2018/0330(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Border and Coast Guard and repealing Council Joint Action No 98/700/JHA, Regulation (EU) No 1052/2013 of the European Parliament and of the Council and Regulation (EU) No 2016/1624 of the European Parliament and of the Council A contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018
Amendment 142 #
2018/0330(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) However, the Union’s framework in the area of control of external borders, returns and asylum, asylum and combating cross- border crime still needs to be further improved. To that end and to further underpin the current and future envisaged operational efforts, the European Border and Coast Guard should be reformed by giving the European Border and Coast Guard Agency a stronger mandate and, in particular, by providing it with the necessary capabilities in the form of a European Border and Coast Guard standing corps of 10 000 operational staff with executive powers to effectively support Member States on the ground in their efforts to protect the external borders, fight secondary movements and significantly step up the effective return of irregular migrants.
Amendment 171 #
2018/0330(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The effective implementation of the European Integrated Border Management by the European Border and Coast Guard should be ensured through a multiannual strategic policy cycle for European Integrated Border Management. The multiannual cycle should set an integrated, unified and continuous process to provide strategic guidelines to all the relevant actors at Union level and in Member States in the area of border management and returns in order for those actors to implement the European Integrated Border Management in a coherent manner and in full compliance with fundamental rights. It shall also address all the relevant interactions of the European Border and Coast Guard with the Commission, other institutions and bodies as well as cooperation with other relevant partners, including third countries and third parties as appropriate.
Amendment 178 #
2018/0330(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The implementation of this Regulation does not affect the division of competence between the Union and the Member States or the obligations of Member States under the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention Relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, the United Nations Convention Relating to the Status of Stateless Persons and other relevant international instruments.
Amendment 212 #
2018/0330(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Agency should prepare general and tailored risk analyses based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The Agency should, based also on information provided by Member States, provide adequate information covering all aspects relevant to European integrated border management, especially border control, return, irregular secondary movements of third-country nationals within the Union, prevention of cross- border crime including facilitation of unauthorised border crossings, trafficking in human beings, organised crime, terrorism and threats of a hybrid nature, as well as the situation in relevant third countries, so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of the external borders.
Amendment 214 #
2018/0330(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Given its activities at the external borders, the Agency should contribute to preventing and detecting serious crime with a cross-border dimension, such as migrant smuggling, trafficking in human beings and terrorism, where it is appropriate for it to act and where it has obtained relevant information through its activities. It should coordinate its activities with Europol as the agency responsible for supporting and strengthening Member States' actions and their cooperation in preventing and combating serious crime affecting two or more Member States. Cross-border crimes necessarily entail a cross-border dimension. Such a cross- border dimension is characterised by crimes directly linked to unauthorised crossings of the external borders, including trafficking in human beings or smuggling of migrants. That said,In line with Article 1(2) of Council Directive 2002/90/EC19 allows Member States not to impose, the Agency shall remind Member States of potential fundamental rights implications when they consider imposing sanctions where the aim of the behaviour is to provide humanitarian assistance to migrants. _________________ 19 Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 17).
Amendment 216 #
2018/0330(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Given its activities at the external borders, the Agency should contribute to preventing and detecting serious crime with a cross-border dimension, such as migrant smuggling, trafficking in human beings, organised crime and terrorism, where it is appropriate for it to act and where it has obtained relevant information through its activities. It should coordinate its activities with Europol as the agency responsible for supporting and strengthening Member States' actions and their cooperation in preventing and combating serious crime affecting two or more Member States. Cross-border crimes necessarily entail a cross-border dimension. Such a cross- border dimension is characterised by crimes directly linked to unauthorised crossings of the external borders, including trafficking in human beings or smuggling of migrants. That said, Article 1(2) of Council Directive 2002/90/EC19 allows Member States not to impose sanctions where the aim of the behaviour is to provide humanitarian assistance to migrants. _________________ 19 Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 17).
Amendment 234 #
2018/0330(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The Agency should organise the appropriate technical and operational assistance to Member States in order to reinforce their capacity to implement their obligations with regard to the control of the external borders and to face challenges at the external borders resulting from illegalrregular immigration or cross-border crime. Such assistance should be without prejudice to the relevant national authorities' competence to initiate criminal investigations. In that respect, the Agency should, at the request of a Member State or on its own initiative, organise and coordinate joint operations for one or more Member States and deploy teams from the European Border and Coast Guard standing corps as well as provide the necessary technical equipment.
Amendment 247 #
2018/0330(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) The European Border and Coast Guard Agency should be able to provide and guarantee an equal and appropriate level of training to all members of the standing corps, while ensuring that there is a shared European understanding of the Agency’s role and competence, particularly in relation to the implementation of relevant European legislation.
Amendment 250 #
2018/0330(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In June 2018, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe as a whole. In that respect, it highlighted the importance for the Union to provide full support to ensure an orderly management of migration flows. That support is possible through the establishment of controlled centres where third-country nationals disembarked in the Union could be rapidly processed to ensure access to protection of those in need, with swift returns for those who are not. Whereas controlled centres are to be established on a voluntary basis, it should be possible for the Union to provide the Member States in question with full financial and operational support through the relevant Union Agencies including the European Border and Coast Guard Agency.
Amendment 256 #
2018/0330(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The European Border and Coast Guard Agency and the [European Union Agency for Asylum] should cooperate closely in order to address effectively the migratory challenges, in particular at the external borders characterised by large inward mixed migratory flows. In particular, both Agencies should coordinate their activities and support Member States to facilitate the procedure for international protection and the return procedure with regard to third country nationals whose application for international protection is rejected and who are not entitled to other grounds to stay under EU and international law. The Agency and [the European Union Agency for Asylum] should also cooperate in other common operational activities such as shared risk analysis, collection of statistical data, training and support to Member States on contingency planning.
Amendment 261 #
2018/0330(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Member States should be able to rely on increased operational and technical reinforcement by migration management support teams in particular at hotspot areas or controlled centres. The migration management support teams should be composed of experts from the staff of the Agency and experts seconded by the Member States, and experts of the staff of/or Member States' experts deployed by, the [European Agency for Asylum], Europol, the European Union Agency for Fundamental Rights or other relevant Union agencies. The Commission should ensure the necessary coordination in the assessment of needs and operations on the ground in view of the involvement of various Union agencies.
Amendment 264 #
2018/0330(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Member States should be able to rely on increased operational and technical reinforcement by migration management support teams in particular at hotspot areas or controlled centres. The migration management support teams should be composed of experts from the staff of the Agency and experts seconded by the Member States, and experts of the staff of/or Member States' experts deployed by, the [European Agency for Asylum], Europol or other relevant Union agencies. The Commission should ensure the necessary coordination in the assessment of needs and operations on the ground in view of the involvement of various Union agencies.
Amendment 267 #
2018/0330(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 298 #
2018/0330(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) In order to allow for the effective deployments from the European Border and Coast Guard standing corps as of 1 January 2020in line with the deadlines laid down in Annex I, certain decisions and implementing measures should be taken and put in place as soon as possible. In particular, by way of derogation from the normal deadline set in the Regulation, the decision of the Management Board as referred in Article 55 (4) on the profiles of the European Border and Coast Guard standing corps should be adopted within 6 weeks of the entry into force of the Regulation. This decision should be followed by the nominations of the Member States provided for in Article 56 (4) and Article 57 (1) within 12 weeks of the entry into force of the Regulation.
Amendment 300 #
2018/0330(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Also, by way of derogation from the normal deadline set in the Regulation, the decision of the Management Board on the minimum number of items of technical equipment to meet the needs of the Agency in 2020line with the deadlines laid down in Annex I as referred in Article 64 (4) should be adopted within 6 weeks of the entry into force of the Regulation.
Amendment 315 #
2018/0330(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with Directive 2008/115/EC of the European Parliament and of the Council22, is an essential component of the comprehensive efforts to tackle illegalrregular immigration and represents an important issue of substantial public interest. _________________ 22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in member states for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 323 #
2018/0330(COD)
Proposal for a regulation
Recital 71
Recital 71
Amendment 327 #
2018/0330(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The possible existence of an arrangement between a Member State and a third country does not absolve the Agency or the Member States from their obligations under Union or international law, in particular as regards compliance with the principle of non-refoulement, the prohibition on arbitrary detention and the prohibition on torture and on inhuman or degrading treatment.
Amendment 336 #
2018/0330(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) Cooperation with third countries, following the conclusion of a status agreement between the Union and the third country concerned, is an element of European Integrated Border Management. It should serve to promote European border management and return standards, to exchange information and risk analysis, to facilitate the implementation of returns with a view to increasing their efficiency and to support third countries in the area of border management and migration, including the deployment of the European Border and Coast Guard standing corps when such support is required to protect external borders and the effective management of the Union’s migration policy.
Amendment 388 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘cross-border crime’ means any serious crime with a cross-border dimension committed or attempted to be committed at, along or in the proximity of, the external borders;
Amendment 393 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘incident’ means a situation relating to illegalrregular immigration, cross-border crime or a risk to the lives of migrants at, along or in the proximity of, the external borders;
Amendment 401 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘migration management support team’ means a team of experts which provide technical and operational reinforcement to Member States, including at hotspot areas or in controlled centres, composed of operational staff from the European Border and Coast Guard standing corps, experts deployed by the [the European Union Agency for Asylum], and from Europol, the European Union Agency for Fundamental Rights or other relevant Union agencies as well as from Member States;
Amendment 405 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘migration management support team’ means a team of experts which provide technical and operational reinforcement to Member States, including at hotspot areas or in controlled centres, composed of operational staff from the European Border and Coast Guard standing corps, experts deployed by the [the European Union Agency for Asylum], and from Europol, or other relevant Union agencies as well as from Member States;
Amendment 411 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
(23) ‘hotspot area’ means an area in whichcreated at the request of the host Member State, the Commission,within which relevant Union agencies and participating Member States cooperate, with the aim of managin the context of their remit and competences, and coordinated by the Commission, support the host Member State in accommodating, identifying an exd registering or potential disproportionate migratory challenge characterised by a significant increase in the number of migrants arriving at the external borders;arriving migrants and to process asylum applications and decisions to return, in accordance with the relevant European laws and without prejudice to the competences of the national authority that accepts decisions to return.
Amendment 412 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
Amendment 435 #
2018/0330(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) border control, including measures to facilitate legitimate border crossings and, where appropriate, measures related to the prevention and detection of cross- border crime, such as migrant smuggling, trafficking in human beings, organised crime and terrorism, and measures related to the referral of persons who are in need of, or wish to apply for, international protection;
Amendment 443 #
2018/0330(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) inter-agency cooperation among the national authorities in each Member State which are responsible for border control or for other tasks carried out at the border including national bodies in charge of protecting fundamental rights, as well as between authorities responsible for return in each Member State, including the regular exchange of information through existing information exchange tools;
Amendment 465 #
2018/0330(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
(4) The Agency shall contribute to the continuous and uniform application of Union law, including the Union acquis on fundamental rights, and ensure the application of the Charter of Fundamental Rights of the European Union in all its activities at all external borders. Its contribution shall include the exchange of good practices.
Amendment 491 #
2018/0330(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
(2) The multiannual strategic policy for the European Integrated Border Management shall define how the challenges in the area of border management and return are to be addressed in a coherent, integrated and systematic manner in line with Union law and the instruments laid down in Recital 16.
Amendment 495 #
2018/0330(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
(4) Based on the strategic risk analysis for European Integrated Border Management referred to in Article 30(2) and on risk analysis requested from other relevant agencies, when appropriate, the Commission shall be empowered to adopt delegated acts in accordance with Article 118 developing a multiannual strategic policy for European Integrated Border Management. That delegated act shall define policy priorities and provide the strategic guidelines for the following four years in relation to the components set out in Article 3.
Amendment 516 #
2018/0330(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
(3) Each plan of the integrated planning shall contain the scenario against which it is developed. Scenarios shall be derived from risk analysis and shall reflect the possible evolution of the situation at the external borders and in the area of illegalrregular migration and the challenges identified in the multiannual strategic policy cycle for European Integrated Border Management.
Amendment 522 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph -1 (new)
Article 10 – paragraph -1 (new)
(-1) The Agency guarantees the correct implementation of European Integrated Border Management in complete respect of .fundamental rights by: 1/ Guaranteeing border management and combating irregular migration; 2/ Providing internal security for the Schengen Area; 3/ Enabling travellers to be moved in good faith.
Amendment 547 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 12
Article 10 – paragraph 1 – point 12
12. within the framework of the migration management support teams at hotspot areas or in controlled centres;
Amendment 569 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 20 a (new)
Article 10 – paragraph 1 – point 20 a (new)
20 a. cooperate with the European Union Agency for Fundamental Rights, to ensure the continuous and uniform application of the Union acquis on fundamental rights;
Amendment 574 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 22
Article 10 – paragraph 1 – point 22
22. cooperate with third countries in the areas covered by the Regulation, including through the possible operational deployment of border management teams and return teams in third countries;
Amendment 575 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 23
Article 10 – paragraph 1 – point 23
Amendment 582 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 25
Article 10 – paragraph 1 – point 25
25. assist Member States and third countries in training of national border guards, other relevant staff and experts on return, including the establishment of common training standards and programmes;
Amendment 605 #
2018/0330(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Agency shall take appropriate measures to facilitate the exchange of information relevant to its tasks with the Commission and the Member States and, where appropriate, the relevant Union agencies. Member States shall provide the Agency with information on the budget and financial resources dedicated to border management at a national level.
Amendment 606 #
2018/0330(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Agency shall take appropriate measures to facilitate the exchange of information relevant to its tasks with the Commission and the Member States and, where appropriate, the relevant Union agencies, in accordance with the provisions of relevant European legislation on data protection.
Amendment 614 #
2018/0330(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. All life cycle phase of the IT systems, from inception to operations and maintenance, shall fully respect data protection principles.
Amendment 618 #
2018/0330(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. 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, third parties and third countries as referred to in Article 6971 and Article 712.
Amendment 642 #
2018/0330(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2 – point a
Article 25 – paragraph 1 – subparagraph 2 – point a
(a) an events layer including all events related to unauthorised border crossings, and cross-border crime, and the detection of unauthorised secondary movements;
Amendment 662 #
2018/0330(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
(4) The operational layer of the European situational picture shall contain information on the joint operations, and rapid interventions coordinated by the Agency and on hotspots and controlled centres, including the mission statement, location, status, duration, information on the Member States and other actors involved, daily and weekly situational reports, statistical data and information packages for the media.
Amendment 683 #
2018/0330(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point g
Article 29 – paragraph 2 – point g
(g) media monitoring, open source intelligence and analysis of internet activities in line with Directive (EU) 2016/680 of the European Parliament and of the Council42 and with Regulation (EU) 2016/679 of the European Parliament and of the Council for preventing illegal immigration or cross-border crime; _________________ 42 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 687 #
2018/0330(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
Amendment 706 #
2018/0330(COD)
Proposal for a regulation
Article 32 – paragraph 3 – point b
Article 32 – paragraph 3 – point b
(b) support the collection of information required by the Agency for the monitoring of illegalrregular immigration and risk analyses referred to in Article 30;
Amendment 718 #
2018/0330(COD)
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. The report of the liaison officer shall form part of the vulnerability assessment as referred to in Article 33. The report shall be transmitted to the Member State concerned.
Amendment 763 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 10
Article 33 – paragraph 10
10. Where a Member State does not implement the necessary measures of the recommendation within the time limit referred to in paragraph 7 of this Article, the executive director shall refer the matter to the management board and notify the Commission. The management board shall adopt a decision on a proposal of the executive director setting out the necessary measures to be taken by the Member State concerned and the time limit within which such measures shall be implemented. The decision of the management board shall be binding on the Member State. If the Member State does not implement the measures within the time limit foreseen in that decision, the management board shall notify the Council and, the Commission and the European Parliament and further action may be taken in accordance with Articles 43 or 47.
Amendment 798 #
2018/0330(COD)
Proposal for a regulation
Article 37 – paragraph 2 – point d
Article 37 – paragraph 2 – point d
(d) deploy the European Border and Coast Guard standing corps in the framework of the migration management support teams, among others at hotspot areas or in controlled centres, including if necessary to provide technical and operational assistance in return activities;
Amendment 812 #
2018/0330(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. A Member State may request that the Agency launch joint operations to face upcoming challenges, including illegalrregular immigration, present or future threats at its external borders or cross-border crime, or to provide increased technical and operational assistance when implementing its obligations with regard to the control of the external borders.
Amendment 820 #
2018/0330(COD)
Proposal for a regulation
Article 39 – paragraph 3 – introductory part
Article 39 – paragraph 3 – introductory part
3. The operational plan shall be binding on the Agency, the host Member State and the participating Member States. It shall cover all aspects considered necessary for carrying out the joint operation, also in the case of cooperation with third countries, including the following:
Amendment 837 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 1
Article 41 – paragraph 1 – subparagraph 1
Migration management support teams may be deployed, at the request of a Member State, or upon the initiative of the Agency and with the agreement of the Member State concerned, to provide technical and operational reinforcement to that Member State, in particular at hotspot areas and controlled centres.
Amendment 840 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
The Member State referred to in first paragraph shall submit a request for reinforcement by migration management support teams and an assessment of its needs to the Commission. The Commission shall, based on the assessment of needs of that Member State, transmit the request to the Agency, to [the European Union Agency for Asylum], Europol, the European Union Agency for Fundamental Rights or other relevant Union agencies, as appropriate.
Amendment 849 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 4 – point b
Article 41 – paragraph 4 – point b
(b) initial information to persons who wish to apply for international protection, victims of trafficking in human beings, unaccompanied minors and persons in a vulnerable situation, and their referral to the competent national authorities of the Member State concerned or to the experts deployed by [the European Union Agency for Asylum];
Amendment 858 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
5. The Agency shall cooperate with the [the European Union Agency for Asylum] to facilitate measures for the referral to the procedure for international protection and, for third country nationals whose application for international protection has been rejected by means of a final decision and who are not entitled to other grounds to stay in line with EU and international law, to the return procedure.
Amendment 878 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
the Commission, after consulting the Agency, may adopt without delay a decision by means of an implementing act in accordance with the procedure as referred to in Article 117(3),shall immediately recommend to the Council to adopt, by simple majority, a decision establishing that no effective action has been taken and identifying measures to mitigate those risks to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. The Commission shall notify the European Parliament.
Amendment 884 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2 – indent 1 (new)
Article 43 – paragraph 1 – subparagraph 2 – indent 1 (new)
Amendment 885 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 3
Article 43 – paragraph 1 – subparagraph 3
Amendment 897 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 3 – introductory part
Article 43 – paragraph 3 – introductory part
3. To mitigate the risk of putting in jeopardy the Schengen area, the Commissionuncil decision referred to in paragraph 1 shall provide for one or more of the following measures to be taken by the Agency:
Amendment 916 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. The executive director shall, within two working days from the date of adoption of the Commissionuncil decision referred to in paragraph 1,
Amendment 931 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 6
Article 43 – paragraph 6
6. The Agency shall, without delay and in any case within five working days from establishment of the operational plan, deploy the necessary operational staff from the European Border and Coast Guard standing corps referred to in Article 55 for the practical execution of the measures identified in the Commissionuncil decision referred to in paragraph 1 of this Article. Additional teams shall be deployed as necessary at a second stage and in any case within seven working days from the deployment of the first teams deployed in the operational area.
Amendment 942 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 8
Article 43 – paragraph 8
8. The Member State concerned shall comply with the Commissionuncil decision referred to in paragraph 1. For that purpose it shall immediately cooperate with the Agency and take the necessary action, in particular by implementing the obligations provided in Articles 44, 83 and 84, to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan.
Amendment 947 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 9 – subparagraph 2
Article 43 – paragraph 9 – subparagraph 2
The Commission shall monitor the proper implementation of the measures identified in the Council decision and the actions taken, for that purpose, by the Agency in order to ensure a proper European border management. If the Member State concerned does not comply with the Commissionuncil decision referred to in paragraph 1 within 30 days and does not cooperate with the Agency pursuant to paragraph 8 of this Article, the Commission may trigger the procedure provided for in Article 29 of Regulation (EU) 2016/399.
Amendment 950 #
2018/0330(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. During deployment of border management teams, return teams and migration management support teams, including when cooperating with third countries, the host Member State shall issue instructions to the teams in accordance with the operational plan.
Amendment 954 #
2018/0330(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Members of the 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 and shall pay particular attention to vulnerable persons. 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 onbased on any grounds ofsuch as sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in line with provisions stipulated in Article 21 of the Charter of Fundamental Rights of the European Union.
Amendment 960 #
2018/0330(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The eExecutive dDirector shall terminate activities of the Agency, including when cooperating with third countries, if the conditions to conduct those activities are no longer fulfilled. The eExecutive dDirector shall inform the Member State concerned prior to such termination.
Amendment 970 #
2018/0330(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. The executive director shall, after consulting the fundamental rights officer and informing the Member State concerned, withdraw the financing of a joint operation, rapid border intervention, pilot project, migration management support team deployment, return operation, return intervention or working arrangement or suspend or terminate, in whole or in part such activities, if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. The executive director shall inform the management board of such a decision. When taking such decision, the Executive Director shall take into account relevant information resulting from the Agency complaints mechanisms, serious incident reports, and the reports of the Agency liaison Officer posted in the host Member State as well as material originating from EU institutions and EU Agencies, agencies of the United Nations or Council of Europe bodies.
Amendment 971 #
2018/0330(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. The executive director shall, after consulting the fundamental rights officer and informing the Member State concerned, withdraw the financing of a joint operation, rapid border intervention, pilot project, migration management support team deployment, return operation, return intervention or working arrangement or suspend or terminate, in whole or in part such activities, if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature and/or are likely to persist. Such decision shall be taken on the ground of objective and public criteria and shall be linked with the fundamental rights elements of the risks analysis and of the vulnerability assessments and with the results of the complaint mechanism. The executive director shall inform the management board of such a decision.
Amendment 980 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 1 – introductory part
Article 49 – paragraph 1 – introductory part
1. The Agency shall, with regard to return, and in accordance with the respect for fundamental rights and general principles of Union law as well as for international law, including refugee protection, the respect for the principle of non-refoulement and children's rights, in particular:
Amendment 990 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point b
Article 49 – paragraph 1 – point b
(b) provide technical and operational assistance to Member States experiencing challenges with regard to return or migratory pressuretheir return systems, including by deploying migration management teams;
Amendment 1032 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
1a. When the Agency provides technical and operational assistance to Member States in organising the return of third-country nationals, the Agency, through its coordinating officer, shall verify that all third-country nationals embarking on flights organised or coordinated by the Agency have received a return decision in accordance with Directive 2008/115/EC and that no appeal to a national court of to the European Court of Human Rights is awaiting a decision.
Amendment 1047 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 7
Article 51 – paragraph 7
7. The Agency shall finance or co- finance return operations from its budget, in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member State, or from hotspot areas or controlled centres.
Amendment 1059 #
2018/0330(COD)
Proposal for a regulation
Article 52 – paragraph 5 a (new)
Article 52 – paragraph 5 a (new)
5 a. After the pool of forced-return monitors is constituted by the Agency, following the determination of the profile and the number of forced-return monitors, the Agency shall entrust the Council of Europe and its forced return monitors within its Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to conduct spot-checks on a selected sample of a maximum of 20 per cent of return operations carried out or facilitated by the Agency. The Council of Europe's forced return monitors shall compile a report following each spot- check. The Council of Europe shall compile an annual evaluation report from the information collected which shall be communicated to the Executive Director, the Agency's Management Board, Fundamental Rights Officer and Consultative Forum, the European Parliament, the Council and the European Commission. The Council of Europe shall receive an adequate budget by the Agency on an annual basis to evaluate the Agency's pool of forced- return monitors. The results of the annual evaluation report shall be taken into account in the evaluation of this Regulation in line with the provisions laid down in Article 116.
Amendment 1060 #
2018/0330(COD)
Proposal for a regulation
Article 52 – paragraph 5 b (new)
Article 52 – paragraph 5 b (new)
5 b. No forced return shall be carried out or facilitated by the Agency before its pool of forced-return monitors is fully constituted and ready for deployment.
Amendment 1064 #
2018/0330(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. The Agency may deploy return teams, that also consist of officers with specific expertise in child protection, either at the request of a Member State or on its own initiative, during return interventions, in the framework of migration management teams or as necessary to provide additional technical and operational assistance in the area of return, including where such challenges are linked to large inward mixed migratory flows or taking in third-country nationals rescued at sea.
Amendment 1076 #
2018/0330(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 1108 #
2018/0330(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. In accordance with Article 62(2), following their recruitment, the new staff members shall undergo full border-guard or return-related training, as relevant, in the framework of dedicated training programmes designed by the Agency, and, based on agreements with selected Member States, implemented in their specialised academies. The cost of training shall be entirely covered by the Agency.
Amendment 1118 #
2018/0330(COD)
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. By 30 June each year, each Member State shall nominate for secondment their operational staff in accordance with the specific numbers and profiles decided by the Management Board for the following year as referred to in Article 55(4). The Agency mayshall verify whether the operational staff proposed by Member States correspond to the defined profiles and possess the necessary language skills. By 15 September, the Agency shall accept the proposed candidates or request that a Member State propose another candidate for secondment in case of incompliance with the required profiles, insufficient language skills, misconduct or infringement of the applicable rules during previous deployments.
Amendment 1119 #
2018/0330(COD)
Proposal for a regulation
Article 57 – paragraph 5 a (new)
Article 57 – paragraph 5 a (new)
5 a. The Agency shall inform the European Parliament on an annual basis of the number of border guards that each Member State has committed and actually deployed to the European Border and Coast Guard standing corps through long-term secondment (Category 2).
Amendment 1124 #
2018/0330(COD)
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
3. The Agency mayshall verify whether operational staff nominated for short-term deployments by Member States correspond to the defined profiles and possess the necessary language skills. The Agency may request that a Member State remove an operational staff member from the national list in case of incompliance with the required profiles, insufficient linguistic skills, misconduct or infringement of the applicable rules during previous deployments.
Amendment 1129 #
2018/0330(COD)
Proposal for a regulation
Article 58 – paragraph 8 a (new)
Article 58 – paragraph 8 a (new)
8 a. The Agency shall inform the European Parliament on an annual basis of the number of border guards that each Member State has committed and actually deployed to the European Border and Coast Guard standing corps through short-term secondment (Category 3). This report shall list the Member States that have invoked the exceptional situation referred to in paragraphs 7 in the previous year. It shall also include the reasons and information provided by the Member State concerned.
Amendment 1144 #
2018/0330(COD)
Proposal for a regulation
Article 62 – paragraph -1 (new)
Article 62 – paragraph -1 (new)
Amendment 1148 #
2018/0330(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
2. The Agency shall ensure that all the staff members recruited to act as operational staff of the European Border and Coast Guard standing corps have received adequate training in relevant Union and international law, including on fundamental rights, access to international protection and, where appropriate, search and rescue, prior to their initial deployment in operational activities organised by the Agency. If the operational activities potentially necessitate the use of firearms, the staff members shall receive a comprehensive practical, legal and ethical training, taking into account the staff member's previous training or experience. For that purpose, the Agency shall, based on agreements with selected Member States, implement the necessary training programmes in their national academies. The cost of training shall be entirely covered by the Agency.
Amendment 1150 #
2018/0330(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
2. The Agency shall ensure thatprovide all the staff members recruited to act as operational staff of the European Border and Coast Guard standing corps have receivedwith adequate training in relevant Union and international law, including on fundamental rights, access to international protection and, where appropriate, search and rescue, prior to their initial deployment in operational activities organised by the Agency. For that purpose, the Agency shall, based on agreements with selected Member States,The Agency shall establish the programmes in cooperation with the Member States and after consulting the consultative forum and the fundamental rights officer, and shall implement the necessary training programmes in their national academies. The cost of training shall be entirely covered by the Agency.
Amendment 1153 #
2018/0330(COD)
Proposal for a regulation
Article 62 – paragraph 4
Article 62 – paragraph 4
4. The Agency shall take the necessary initiatives to ensure training for staff involved in return-related tasks who are allocated to the European Border and Coast Guard standing corps and the pool referred to in Article 52. The Agency shall ensure thatprovide training to its staff and all staff who participate in return operations and in return interventions have received training in relevant Union and international law, including on fundamental rights and access to international protection, prior to their participation in operational activities organised by the Agency.
Amendment 1157 #
2018/0330(COD)
Proposal for a regulation
Article 62 – paragraph 7
Article 62 – paragraph 7
7. The Agency may organise training activities in cooperation with Member States and third countries oin their territoryits training centre.
Amendment 1186 #
2018/0330(COD)
Proposal for a regulation
Article 69 – title
Article 69 – title
69 Cooperation of the Agency with Union institutions, bodies, offices, agencies, and international organisations
Amendment 1190 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 1
Article 69 – paragraph 1 – subparagraph 1
The Agency shall cooperate with Union institutions, bodies, offices and agencies, and international organisations, within their respective legal frameworks and make use of existing information, capabilities and systems available in the framework of EUROSUR.
Amendment 1200 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k
Article 69 – paragraph 1 – subparagraph 2 – point k
(k) Missions and operations of the Common Security and Defence Policy, only after a dedicated legal instrument is in place that governs this cooperation, with data protection rules ensuring the right to privacy and the protection of personal data.
Amendment 1201 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k a (new)
Article 69 – paragraph 1 – subparagraph 2 – point k a (new)
(k a) the Council of Europe for the purposes of overseeing the pool of forced- return monitors;
Amendment 1205 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Cooperation referred to in paragraph 1 shall take place within the framework of working arrangements concluded with the entities referred to in paragraph 1. Such arrangements shall have received the Commission's prior approval. In every case, the Agency shall inform the European Parliament of any such arrangements. Such arrangements should clearly indicate the scope, the extent and the level of intrusiveness of the proposed measure to assess the necessity and proportionality of the measure at stake.
Amendment 1211 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. As regards the handling of classified information, those arrangements shall provide that the Union body, office or agency or international organisation concerned comply with security rules and standards equivalent to those applied by the Agency. An assessment visit shall be conducted prior to the conclusion of the arrangement and the Commission shall be informed of the outcome of the assessment visit.
Amendment 1213 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 5
Article 69 – paragraph 5
5. The Union institutions, bodies, offices, and agencies and international organisations referred to in paragraph 1, shall use information received from the Agency only within the limits of their competences and insofar as they respect fundamental rights, including data protection requirements. Onward transmission or other communication of personal data processed by the Agency to other Union institutions, bodies, offices and agencies 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. Such arrangements should clearly indicate the scope and the extent of the proposed measures to assess the necessity and proportionality of the measures at stake. The EBCG shall keep record of the onward transfers and of the justification for such transfers. The EDPS has the possibility to verify their lawfulness, and, in particular, compliance with the principles of necessity and proportionality. Any transfer of personal data by the Agency shall be in line with the data protection provisions laid down in Articles 87 to 90. As regards the handling of classified information, those arrangements shall provide that the Union institution, body, office, or agency or international organisation concerned shall comply with security rules and standards equivalent to those applied by the Agency.
Amendment 1216 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 6
Article 69 – paragraph 6
6. Information between the Agency and the Union bodies, offices and agencies, and international organisations, referred to in paragraph 2 shall be exchanged via the communication network referred to in Article 14 or via other accredited information exchange systems which fulfil the criteria of availability, confidentiality and integrity.
Amendment 1223 #
2018/0330(COD)
Proposal for a regulation
Article -72 (new)
Article -72 (new)
Article -72 Cooperation of the Agency with international organisations 1. The Agency shall cooperate with international organisations, within their respective legal frameworks and make use of existing information, capabilities and systems available in the framework of EUROSUR. In accordance with paragraph 1, the Agency cooperate in particular with : (a) Interpol (b) Organization for Security and Co- operation in Europe (c) The UN Refugee Agency (d) International Organization for Migration (e) United Nations Office on Drugs and Crime (f) International Civil Aviation Organization (g) World Customs Organization 2. Cooperation referred to in paragraph 1 shall take place within the framework of working arrangements concluded with the entities. Such arrangements shall have received the Commission's prior approval. In every case, the Agency shall inform the European Parliament of any such arrangements. Such arrangements should clearly indicate the scope and the extent of the proposed measures to assess the necessity and proportionality of the measures at stake. 2. As regards the handling of classified information, those arrangements shall provide that the international organisation concerned comply with security rules and standards equivalent to those applied by the Agency. An assessment visit shall be conducted prior to the conclusion of the arrangement and the Commission shall be informed of the outcome of the assessment visit. 3. The international organisations referred to in paragraph 1, shall use information received from the Agency only within the limits of their competences and insofar as they respect fundamental rights, including data protection requirements. Any transfer of personal data by the Agency shall be in line with the data protection provisions laid down in Articles 87 to 90. As regards the handling of classified information, those arrangements shall provide that the international organisation concerned shall comply with security rules and standards equivalent to those applied by the Agency. 4. Information between the Agency and international organisations, referred to in paragraph 2 shall be exchanged via the communication network referred to in Article 14 or via other accredited information exchange systems which fulfil the criteria of availability, confidentiality and integrity.
Amendment 1238 #
2018/0330(COD)
Proposal for a regulation
Article 74 – paragraph 3
Article 74 – paragraph 3
3. In circumstances requiring the deployment of border management and return teams from the European Border and Coast Guard standing corps to a third country where the team members will exert executive powers, a status agreement shall be concluded by the Union with the third country concerned. The status agreement shall cover all aspects that are necessary for carrying out the actions. It shall in particular set out the scope of the operation, civil and criminal liability and the tasks and powers of the members of the teams. The status agreement shall ensure the full respect of fundamental rights during these operations. The EDPS shall be consulted on the provisions of the status agreement related to the transfers of data.
Amendment 1239 #
2018/0330(COD)
Proposal for a regulation
Article 74 – paragraph 3
Article 74 – paragraph 3
3. In circumstances requiring the deployment of border management and return teams from the European Border and Coast Guard standing corps to a third country where the team members will exert executive powers, a status agreement shall be concluded by the Union with the third country concerned. The status agreement shall cover all aspects that are necessary for carrying out the actions. It shall in particular set out the scope of the operation, civil and criminal liability and the tasks and powers of the members of the teams. The status agreement shall ensure the full respect of fundamental rights during these operations, including by ensuring that the teams include a member with expertise on fundamental rights.
Amendment 1242 #
2018/0330(COD)
Proposal for a regulation
Article 74 – paragraph 3
Article 74 – paragraph 3
3. In circumstances requiring the deployment of border management and return teams from the European Border and Coast Guard standing corps to a third country where the team members will exert executive powers, a status agreement shall be concluded by the Union with the third country concerned. The status agreement shall cover all aspects that are necessary for carrying out the actions. It shall in particular set out the scope of the operation, civil and criminal liability and the tasks and powers of the members of the teams. The status agreement shall ensure the full respect of fundamental rights during these operations and provide for a complaints mechanism.
Amendment 1244 #
2018/0330(COD)
Proposal for a regulation
Article 74 – paragraph 4
Article 74 – paragraph 4
4. Where available, it shall also act within the framework of working arrangements concluded with those authorities in accordance with Union law and policy, in accordance with 77(6). Those working arrangements shall specify the scope, nature and purpose of the cooperation and be related to the management of operational cooperation and may include provisions concerning the exchange of sensitive non-classified information and cooperation in the framework of EUROSUR in accordance with Article 75 (3). Any working arrangements on exchanging classified information shall be concluded in accordance with Article 77(6). The Agency shall comply with Union law, including norms and standards, which form part of the Union acquis. The EDPS shall be consulted on the provisions of the working arrangements related to transfers of data.
Amendment 1254 #
2018/0330(COD)
Proposal for a regulation
Article 75 – paragraph 4
Article 75 – paragraph 4
Amendment 1261 #
2018/0330(COD)
Proposal for a regulation
Article 76 – paragraph 3 a (new)
Article 76 – paragraph 3 a (new)
3 a. Any exchange of information under Article 73(1), which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited.
Amendment 1265 #
2018/0330(COD)
Proposal for a regulation
Article 77 – paragraph 1 a (new)
Article 77 – paragraph 1 a (new)
1 a. Status agreement shall include a fundamental rights clause and relevant provisions on monitoring and impacts assessments, and refer to the role of the Fundamental Rights officer in receiving and following up on complaints.
Amendment 1278 #
2018/0330(COD)
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
2. Within the framework of the external action policy of the Union, priority for the deployment of liaison officers shall be given to those third countries which, on the basis of a risk analysis, constitute a country of origin or transit regarding illegalrregular immigration. The Agency may receive liaison officers posted by those third countries on a reciprocal basis. The management board shall, on a proposal of the executive director, adopt the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the management board upon the opinion of the Commission.
Amendment 1281 #
2018/0330(COD)
Proposal for a regulation
Article 78 – paragraph 3
Article 78 – paragraph 3
3. The tasks of the Agency's liaison officers shall include, in compliance with Union law and respecting fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against illegal immigration and the return of returnees, including by providing technical assistance in identification of third-country nationals and the acquisition of travel documents. Those liaison officers shall coordinate closely with Union delegations and, where relevant, CSDP missions and operations. Agency Liaison officers shall contribute to assessing the fundamental rights impact of EBCG operations and cooperation with third countries.
Amendment 1285 #
2018/0330(COD)
Proposal for a regulation
Article 78 – paragraph 3
Article 78 – paragraph 3
3. The tasks of the Agency's liaison officers shall include, in compliance with Union law and respecting fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against illegalrregular immigration and the return of returnees, including by providing technical assistance in identification of third-country nationals and the acquisition of travel documents. Those liaison officers shall coordinate closely with Union delegations and, where relevant, CSDP missions and operations.
Amendment 1287 #
2018/0330(COD)
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
1. The Agency may, with the agreement of the Member States concerned, invite observers of Union institutions, bodies, offices, agencies or international organisations and CSDP missions and operations to participate in its activities, in particular joint operations and pilot projects, risk analysis and training, to the extent that their presence is in accordance with the objectives of those activities, may contribute to the improvement of cooperation and the exchange of best practices, and does not affect the overall safety and security of those activities or pose risks to fundamental rights. The participation of those observers in risk analysis and training may take place only with the agreement of the Member States concerned. As regards joint operations and pilot projects, the participation of observers shall be subject to the agreement of the host Member State. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive appropriate training from the Agency prior to their participation.
Amendment 1292 #
2018/0330(COD)
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The Agency may, with the agreement of the Member States concerned, invite observers from third countries to participate in its activities at the external borders referred to in Article 37 , return operations referred to in Article 51, return interventions referred to in Article 54 and training referred to in Article 62, 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 those activities nor the safety of third country nationals and the right to asylum. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 37, 43, 51 and 62 and only with the agreement of the host Member State regarding those referred to in Articles 37 and 54. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive appropriate training from the Agency prior to their participation. They shall be required to adhere to the codes of conduct of the Agency while participating in its activities.
Amendment 1344 #
2018/0330(COD)
Proposal for a regulation
Article 87 – paragraph 3
Article 87 – paragraph 3
3. The Agency may transfer personal data to an authority of a third country or to an international organisation in accordance with the provisions of [Regulation (EC No 45/2001] insofar as such transfer is necessary for the performance of the Agency’s tasks in the area of return activities. Where in the framework of organising return operations the personal data of returnees are not transmitted to the carrier by a Member State, the Agency may also transfer such data under the same conditions. In application of [Article 25(1)(c)] of [Regulation (ECU) No 45/2001], [Article 19] thereof shall not apply to the processing of data for the purpose of return by the Agency, for as long as the third country national is not returned. T2018/1725, the Agency may provide for internal rules on restricting the application of the rights under [Articles 179, 1753 and 1854] of [Regulation (ECU) No 45/20112018/1725] on a case by case basis as long as the exercise of such right would risk to jeopardise the return procedure. Such restrictions shall respect the essence of the fundamental rights and freedoms and be necessary and proportionate to the objective pursued, taking into account the risks to the rights and freedoms of the persons concerned.
Amendment 1346 #
2018/0330(COD)
Proposal for a regulation
Article 87 – paragraph 3 a (new)
Article 87 – paragraph 3 a (new)
3 a. Any exchange of information which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited.
Amendment 1363 #
2018/0330(COD)
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. A Member State or other Union agency providing personal data to the Agency shall determine the purpose or the purposes for which those data shall be processed as referred to in paragraph 1. The Agency may process such personal data for a different purpose which also falls under paragraph 1 only if authorised by the provider of the personal data
Amendment 1375 #
2018/0330(COD)
Proposal for a regulation
Article 89 – paragraph 1 – point a
Article 89 – paragraph 1 – point a
(a) personal data of persons who are suspected, on reasonable grounds, by the competent authorities of the Member States and EASO, Europol or Eurojust, of involvement in cross-border crime, such as migrant smuggling, trafficking in human beings, organised crime or terrorism;
Amendment 1399 #
2018/0330(COD)
Proposal for a regulation
Article 90 – paragraph 3
Article 90 – paragraph 3
3. Any exchange of personal data with third countries in the framework of EUROSUR shall be strictly limited to what is absolutely necessary for the purposes of this Regulation. It shall be carried out in accordance with Regulation (EU) 2016/679 or Directive (EU) 2016/680, and the relevant national provisions on data protection.
Amendment 1416 #
2018/0330(COD)
Proposal for a regulation
Article 97 – paragraph 1 – point d
Article 97 – paragraph 1 – point d
Amendment 1419 #
2018/0330(COD)
Proposal for a regulation
Article 97 – paragraph 1 – point e
Article 97 – paragraph 1 – point e
Amendment 1423 #
2018/0330(COD)
Proposal for a regulation
Article 98 – paragraph 2 – subparagraph 1 – point a
Article 98 – paragraph 2 – subparagraph 1 – point a
Amendment 1424 #
2018/0330(COD)
Proposal for a regulation
Article 98 – paragraph 2 – subparagraph 1 – point b
Article 98 – paragraph 2 – subparagraph 1 – point b
Amendment 1431 #
2018/0330(COD)
Proposal for a regulation
Article 99 – paragraph 1
Article 99 – paragraph 1
1. Without prejudice to paragraph 3, the management board shall be composed of one representative of each Member State and, two representatives of the Commission and one representative of the European Parliament, all with a right to vote. To this effect, each Member State shall appoint a member of the management board as well as an alternate who will represent the member in his or her absence. The Commission shall appoint two members and their alternates. The European Parliament shall appoint one member and his or her alternate. The duration of the terms of office shall be four years. The terms of office shall be extendable.
Amendment 1441 #
2018/0330(COD)
Proposal for a regulation
Article 104 – paragraph 3 – subparagraph 1 (new)
Article 104 – paragraph 3 – subparagraph 1 (new)
The Executive Director shall hold regular exchanges of views with the appropriate bodies of the European Parliament, notably regarding specific cooperation with third countries, and shall present the annual report of the Agency.
Amendment 1442 #
2018/0330(COD)
Proposal for a regulation
Article 105 – paragraph 1
Article 105 – paragraph 1
1. The Commission shall propose at least three candidates for the post of eEuropean Parliament and the Council shall appoint by common accord the Executive dDirector and for the posts of each of the dthe Deputy eExecutive dDirectors based on a list drawn up by the Commission following publication of the post in the Official Journal of the European Union and, as appropriate, other press or internet sites.
Amendment 1444 #
2018/0330(COD)
The executive director shall be appointed by the management boardchosen on the grounds of merit, independence and documented high-level administrative and management skills, including relevant senior professional experience in the field of management of the external-borders and return, on the proposal from the Commission referred to in paragraph 1. Before appointment, the candidates proposed by the Commission shall be invited to make a statement before the competent committee or committees of the European Parliament and answer questions put by its or their members.
Amendment 1445 #
2018/0330(COD)
Proposal for a regulation
Article 105 – paragraph 2 – subparagraph 2
Article 105 – paragraph 2 – subparagraph 2
Amendment 1447 #
2018/0330(COD)
Proposal for a regulation
Article 105 – paragraph 2 – subparagraph 3
Article 105 – paragraph 2 – subparagraph 3
Amendment 1448 #
2018/0330(COD)
Proposal for a regulation
Article 105 – paragraph 2 – subparagraph 4
Article 105 – paragraph 2 – subparagraph 4
Amendment 1451 #
2018/0330(COD)
Proposal for a regulation
Article 105 – paragraph 2 – subparagraph 5
Article 105 – paragraph 2 – subparagraph 5
Power to dismiss the executive director shall lie with the management boardEuropean Parliament and the Council, acting on a proposal from the Commission.
Amendment 1452 #
2018/0330(COD)
Proposal for a regulation
Article 105 – paragraph 4 – subparagraph 1
Article 105 – paragraph 4 – subparagraph 1
The deputy executive directors shall be appointed by the management boardchosen on the grounds of merit and appropriate administrative and management skills, including relevant professional experience in the field of management of the external borders and return, on the proposals from the Commission referred to in paragraph 1, after having consulted the executive director. The management board shall take its decision by a two-thirds majority of all members with a right to vote.
Amendment 1453 #
2018/0330(COD)
Proposal for a regulation
Article 105 – paragraph 4 – subparagraph 2
Article 105 – paragraph 4 – subparagraph 2
Amendment 1454 #
2018/0330(COD)
Proposal for a regulation
Article 105 – paragraph 6
Article 105 – paragraph 6
Amendment 1455 #
2018/0330(COD)
Proposal for a regulation
Article 105 – paragraph 7
Article 105 – paragraph 7
7. The term of the office of the deputy executive directors shall be five years. It may be extended by the management board once, for another period of up to five years.
Amendment 1456 #
2018/0330(COD)
Proposal for a regulation
Article 105 – paragraph 7 a (new)
Article 105 – paragraph 7 a (new)
7 a. The Executive Director and the Deputy Executive Director shall be eligible for reappointment.
Amendment 1457 #
2018/0330(COD)
Proposal for a regulation
Article 105 – paragraph 7 b (new)
Article 105 – paragraph 7 b (new)
7 b. Apart from normal replacement or in the event of death, the duties of the Executive Director and the Deputy Executive Director shall end in the event of resignation. The Executive Director and the Deputy Executive Director may be dismissed by the Court of Justice at the request of the European Parliament, the Council or the Commission, if he or she no longer fulfils the conditions required for the performance of his or her duties or if he or she is guilty of serious misconduct.
Amendment 1467 #
2018/0330(COD)
Proposal for a regulation
Article 106 – paragraph 5
Article 106 – paragraph 5
5. Without prejudice to the tasks of the fundamental rights officer, the consultative forum shall have effective access to all information concerning the respect for fundamental rights, including by carrying out on-the-spot visits to joint operations or rapid border interventions subject to the agreement of the host Member State, and to hotspot areas or controlled centres, return operations and return interventions.
Amendment 1480 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 2
Article 107 – paragraph 2
2. The fundamental rights officer shall be independent in the performance of his or her duties. To this end special rules shall be laid down by the Management Board, in consultation with the Consultative Forum and the fundamental rights officer. He or she shall report directly to the management board and cooperate with the consultative forum. The fundamental rights officer shall so report on a regular basisannually and as such contribute to the mechanism for monitoring fundamental rights.
Amendment 1485 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 2 a (new)
Article 107 – paragraph 2 a (new)
2 a. The fundamental rights officer shall have administrative autonomy and adequate resources and staff at his or her disposal, corresponding to the mandate and the size of the Agency.
Amendment 1487 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 3
Article 107 – paragraph 3
3. The fFundamental rRights oOfficer shall be consulted on the operational plans drawn up in accordance with Articles 39, 43, 54(4) and 75(3)0, 41, 43, 51, 54 and 75 as well as on pilot projects and technical assistance projects in third countries. He or she shall have access to all information concerning respect for fundamental rights in all the activities of the Agency.
Amendment 1489 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 3 a (new)
Article 107 – paragraph 3 a (new)
3 a. The Agency shall provide its Fundamental Rights Officer with adequate resources and staff corresponding to its mandate and size. The Fundamental Rights Officer shall have access to all information necessary to fulfil her or his tasks and shall be granted administrative autonomy from the Agency.
Amendment 1493 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 3 b (new)
Article 107 – paragraph 3 b (new)
3 b. In the case of a long-term absence of the Fundamental Rights Officer, the management board shall appoint an interim Fundamental Rights Officer within one calendar week of such absence. The interim Fundamental Rights Officer shall have the necessary qualifications and experience in the field of fundamental rights. The interim Fundamental Rights Officer shall, where possible, be appointed from within the Agency's Fundamental Rights Office or from staff who worked in the same Office in the past.
Amendment 1494 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 3 c (new)
Article 107 – paragraph 3 c (new)
3 c. The Fundamental Rights Officer shall be tasked to present an annual report on the work of the Agency's Fundamental Rights Office. The report shall be communicated to the Executive Director, the Agency's Management Board and Consultative Forum, the European Parliament, the Council and the European Commission.
Amendment 1505 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 2
Article 108 – paragraph 2
2. Any person who is directly affected by the actions and omissions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support team deployment, joint return operation or return intervention and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions or omissions, or any party representing such a person, may submit a complaint in writing to the Agency.
Amendment 1514 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 4
Article 108 – paragraph 4
4. The fFundamental rRights oOfficer shall be responsible for handling complaints received by the Agency in accordance with the right to good administration. For this purpose, the fFundamental rRights oOfficer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the eExecutive dDirector, forward complaints concerning members of the teams to the home Member State, inform the relevant authority or body competent for fundamental rights in a Member State for further action in line with their mandate, and register and ensure the follow-up by the Agency or that Member State.
Amendment 1520 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 5 – subparagraph 1
Article 108 – paragraph 5 – subparagraph 1
In accordance with the right to good administration, if a complaint is admissible, complainants shall be informed that a complaint has been registered, that an assessment has been initiated and that a response may be expected as soon as it becomes available. If a complaint is forwarded to national authorities or bodies, the complainant shall be provided with their contact details. If a complaint is not declared inadmissible, complainants shall be informed of the reasons and, if possible, provided with further options for addressing their concerns. Complainants shall be granted the possibility to appeal an inadmissibility decision to the European Ombudsman.
Amendment 1524 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 6 – subparagraph 1
Article 108 – paragraph 6 – subparagraph 1
In the case of a registered complaint concerning a staff member of the Agency, the executive director shall enFundamental Rights Officer shall examine the complaint and issure appropriate follow-up, in consultation with recommendation, including disciplinary measures as necessary, to the Executive Director as to the fuindamental rights officer, including disciings and appropriate response of the Agency to the complainary measures as necessart. Where the Executive Director decides not to follow up the recommendation, he or she shall provide the reasons without delay. The eExecutive dDirector shall report back within a determined timeframe to the fundamental rights officer as to the findings and follow- up made by the Agency in response to a complaint, including disciplinary measures as necessary.
Amendment 1533 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 7
Article 108 – paragraph 7
7. If a complaint is registered that concerns a team member of a host Member State or a team member from other participating Member States, including a seconded member of the teams or seconded national expert, the home Member State shall ensure appropriate follow-up, including disciplinary measures as necessary or other measures in accordance with national law. The relevant Member State shall report back to the fFundamental rRights oOfficer as to the findings and follow- up made in response to the complaint within a determined time periodone calendar year, and if necessary, at regular intervals thereafter. The Agency shall follow-up the matter if no report is received from the relevant Member State.
Amendment 1537 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 8
Article 108 – paragraph 8
8. Where a team member is found to have violated fundamental rights or international protection obligations, the Agency mayshall request that the Member State remove that member immediately from the activity of the Agency or the European Border and Coast Guard standing corps.
Amendment 1542 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 9
Article 108 – paragraph 9
9. The fFundamental rRights oOfficer shall report to the executive director and to the management board a, as part of her or his annual report on the work of the Agency's Fundamental Rights Office, include specific references to the Agency's and Member States' findings and follow-ups made in response to complaints. The Agency shall include information on the complaints mechanism in its annual report.
Amendment 1573 #
2018/0330(COD)
Proposal for a regulation
Annex I – table
Annex I – table
Category Category 1 Category 2 Category 3 Total for the Year Agency Operational Operational European Staff staff for long staff for Border and term long-term short -term Coast Guard secondments deployments standing Corps 2020 1500 1 500 7000 10000 2021 2000 2000 6000 10000 2022 2000 2000 1 500 2 500 2023 6000 1 000 10000 2023 2500 2500 5000 10000 2024 2500 2500 5000 10000 2025 3000 3000 4000 10000 2026 3 500 2 000 5 000 2025 2 000 2 3000 3 4000 1007 500 2027 3 000 3 000 4 000 10 000
Amendment 1585 #
2018/0330(COD)
Proposal for a regulation
Annex III – table
Annex III – table
Country / Year 2020 2021 20223 2023 2024 2025 2026 2027 Year Belgium 30 10 40 4 30 50 50 60 40 60 60 Bulgaria 40 5315 53 40 67 67 80 53 80 80 Czech Republic 20 5 27 270 33 33 27 40 40 40 Republic Denmark 29 3910 39 29 48 48 58 39 58 58 Germany 225 75 298 298 225 377 377 450 450298 450 Estonia 18 246 24 18 30 30 36 24 36 36 Greece 50 16 67 67 50 83 83 100 67 100 100 Spain 111 37 148 148 111 185 185 222 222148 222 France 170 2257 225 170 285 285 340 225 340 340 Croatia 65 22 87 87 65 108 108 130 87 130 130 Italy 125 16742 167 25 208 208 250 167 250 250 Cyprus 8 112 11 8 13 13 16 1 16 16 Latvia 30 410 40 30 50 50 60 40 60 60 Lithuania 39 5213 52 39 65 65 7852 78 78 Luxembourg 8 2 11 11 8 13 13 16 1 16 16 Hungary 65 22 87 87 65 108 108 130 87 130 130 Malta 6 82 8 6 10 10 12 8 12 12 Netherlands 50 617 67 50 83 83 10067 100 100 Austria 34 4512 45 34 57 57 68 45 68 68 Poland 100 133 133 00 167 167 200 133 200 200 Portugal 47 15 63 63 47 78 78 94 63 94 94 Romania 75 25 100 100 75 125 125 1500 150 150 Slovenia 35 12 47 47 35 58 58 470 70 70 Slovakia 35 4712 47 35 58 58 470 70 70 Finland 30 410 40 30 50 50 640 60 60 Sweden 17 6 23 23 17 28 28 234 34 34 [Switzerland] 16 5 21 21 16 27 27 32 21 32 32 [Iceland] 2 31 3 2 3 3 43 4 4 [Liechtenstein]* 0 0 0 0 0 0 0 0 0 ]* 0 [Norway] 20 6 27 27 0 33 33 40 27 40 40 TOTAL 1 500 2000 201 500 2500 2500 3 2 000 3000 3 000 (*) Liechtenstein will contribute through proportional financial support
Amendment 1588 #
2018/0330(COD)
Proposal for a regulation
Annex IV – table
Annex IV – table
Country / Year 2020 20210 2022 2023 20243 2025 2026 2025 2027 Belgium 140 1230 120 100 40 100 80 8060 80 Bulgaria 187 1640 160 133 53 133 107 10780 107 Czech Republic 93 20 80 80 6 27 67 53 40 53 53 Republic Denmark 135 116 29 116 97 9739 77 77 58 77 Germany 1052 900 900225 748 748300 602 602450 602 Estonia 84 72 18 72 60 24 60 48 4836 48 Greece 233 200 2050 167 1 67 133 13300 133 Spain 518 444 111 444 370 370148 296 29622 296 France 795 68 170 680 565 227 565 455 455340 455 Croatia 303 260 65 260 217 21787 173 1730 173 Italy 583 500 125 500 417 417167 333 333250 333 Cyprus 37 32 8 32 27 11 27 21 21 16 21 Latvia 140 1230 120 100 40 100 80 8060 80 Lithuania 182 156 39 156 130 52 130 104 78 104 104 Luxembourg 37 8 32 32 11 27 27 21 16 21 21 Hungary 303 65 260 260 87 217 217 1730 173 173 Malta 28 6 24 24 8 20 20 16 2 16 16 Netherlands 233 50 200 200 67 167 167 133 100 133 133 Austria 159 34 136 136 45 113 113 68 91 91 91 Poland 467 100 400 400 133 333 333 26700 267 267 Portugal 219 47 188 18863 157 157 94 125 125 125 Romania 350 75 300 3 100 250 250 20150 200 200 Slovenia 163 35 140 14046 117 117 9370 93 93 Slovakia 163 35 140 140 46 117 117 93 70 93 93 Finland 14 30 120 120 40 100 100 8060 80 80 Sweden 79 17 68 68 23 57 57 345 45 45 [Switzerland] 75 16 64 64 21 53 53 432 43 43 [Iceland] 9 2 8 8 2 7 7 54 5 5 [Liechtenstein] * 0 0 0 0 0 0 0 0 0 * [Norway] 93 820 80 26 67 67 5340 53 53 TOTAL 7 15000 6000 62 000 5000 5000 4000 3 000 4000 4 000 (*) Liechtenstein will contribute through proportional financial support
Amendment 131 #
2018/0329(COD)
Proposal for a directive
Recital 4
Recital 4
(4) That European return policy should be based on common standards, for persons to be returned in a humane manner and with full respect for their fundamental rights and dignity, as well as international law, including the UN Convention of the rights of the Child, refugee protection and other human rights obligations. Clear, transparent and fair rules need to be established to provide for an effective return policy which serves as a deterrent to irregular migration and ensures coherence with and contributes to the integrity of the Common European Asylum System and the legal migration system.
Amendment 147 #
2018/0329(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is recognised that it is legitimate for Member States to return illegally staying third-country nationals, provided that fair and efficient asylum systems are in place which fully respect the principle of non-refoulement, international law and Union law.
Amendment 159 #
2018/0329(COD)
Proposal for a directive
Recital 12
Recital 12
(12) To reinforce the effectiveness of the return procedure, clear responsibilities for third-country nationals should be established, and in particular the obligation to cooperate with the authorities at all stages of the return procedure, including by providing the information and elements that are necessary in order to assess their individual situation or remaining present and available at all stages of the return procedure.. At the same time, it is necessary to ensure that third-country nationals are informed of the consequences of not complying with those obligations, in relation to the determination of the risk of absconding, the granting of a period for voluntary departure and the possibility to impose detention, and in relation to the access to programmes providing logistical, financial and other material or in-kind assistance. Member States should ensure that the consequences of non-complying are not excessive or disproportionate. The obligation to cooperate should not affect children.
Amendment 205 #
2018/0329(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The necessary legal aid should be made available , upon request, to those who lack sufficient resources. National legislation should establish a list of instances where legal aid is to be considered necessary. Member States should ensure that children receive legal aid and information on their rights and procedures by qualified child protection authorities in a child-friendly manner and in a language that children understand.
Amendment 217 #
2018/0329(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The use of detention for the purpose of removal should be a measure of last resort and subject to the principle of proportionality with regard to the means used and objectives pursued. Detention is justified only to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficient. Member States should develop alternatives to detention, such as community-based facilities for families with children and ensure that unaccompanied minors are not detained.
Amendment 277 #
2018/0329(COD)
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) In order to supplement non- essential elements of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing the specific modalities for the operation of the central system established in accordance with Article 50 of Regulation (EU) …/… [EBCG Regulation] and the communication between the national systems and the central systems. Those modalities should include clearly identifying the purposes of the processing via this centralised system and of the categories of personal data to be processed for each of these purposes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 302 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
7. ‘'risk of absconding’' means the proven existence of specific reasons in an individual case, which are based on objective criteriaand specific criteria strictly defined by law to believe that a third- country national who is the subject of return procedures may abscond;
Amendment 306 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
9. ‘vulnerable persons’ means minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, lesbian, gay, bisexual, trans and intersex persons, persons belonging to religious minorities, non-believers, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual and gender-based violence.
Amendment 307 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
9. ‘vulnerable persons’ means minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence and exploitation.
Amendment 310 #
2018/0329(COD)
Proposal for a directive
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) ensure that their treatment and level of protection are no less favourable than as set out in Article 10(4) and (5) (limitations on use of coercive measures), Article 11(2)(a) (postponement of removal), Article 172 (return and removal of children), Article 15 (form), Article 16 (remedies), Article 17 (safeguards pending return)14(1)(b) and (d) (emergency health care and taking into account needs of vulnerable persons), Article 18 (detention) and Articles 19 and 20 (detention conditions) and
Amendment 311 #
2018/0329(COD)
Proposal for a directive
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) respect the principle of non- refoulement., best interest of the child, family life and state of health (Article 5)
Amendment 312 #
2018/0329(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
When adopting a return decision and implementing this Directive, Member States shall take due account of:
Amendment 313 #
2018/0329(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the best interests of the child as the primary consideration in all decisions concerning minors;
Amendment 314 #
2018/0329(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the best interests of the child in all cases where children are affected;
Amendment 405 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall ensure that the consequences of non-complying are proportionate and not excessive and that they are not imposed on children.
Amendment 476 #
2018/0329(COD)
Proposal for a directive
Article 11 – paragraph 2 – point a a (new)
Article 11 – paragraph 2 – point a a (new)
(aa) completion of schooling for children;
Amendment 482 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, Member States shall carry out a best interests assessment, taking into account the specific circumstances of the child, to identify durable solutions for the child. If a return decision is issued based on a best interests assessment, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the child.
Amendment 483 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the childand the best interests of the child shall be the primary consideration assessed by a guardian who is appointed to assist the unaccompanied minor.
Amendment 485 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return. Authorities shall ensure that there is a handover from child protection authorities of the Member States to child protection authorities of the State of return.
Amendment 488 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Unaccompanied minors shall be assisted and represented by a qualified guardian throughout the whole return procedure.
Amendment 493 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
In other cases return decisions may be accompanied by an entry ban based on an individual assessment of the case. In cases involving children and in cases of voluntary departure, return decisions shall not be accompanied by an entry ban.
Amendment 516 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The national system shall be set up in a way which ensures technical compatibility allowing for communication with the central system established in accordance with Article 50 of Regulation (EU) …/… [EBCG Regulation]. The Commission shall adopt delegated acts in accordance with Article23a to establish the specific modalities for the operation of this central system and the communication between the national systems and the central system, including clearly identifying the purposes of the processing via this centralised system and of the categories of personal data to be processed for each of these purposes.
Amendment 607 #
2018/0329(COD)
Proposal for a directive
Article 20
Article 20
Amendment 611 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Unaccompanied minors and families with minors shall onlynot be detained as a measure of last resort and for the shortest appropriate period of time.
Amendment 616 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Families detained pending removal shall be provided with separate accommodation guaranteeing adequate privacyMember States shall instead establish appropriate care arrangements and accommodate minors and families with minor children. Appropriate care arrangements and reception measures for minor children and their families shall be community based, the least intrusive possible and respect the right to privacy and family life. These care arrangements should provide for personnel and facilities which take into account the needs of persons their age.
Amendment 619 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 624 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 628 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 631 #
2018/0329(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20 a Unaccompanied minors shall not be detained. Families with children shall be placed in alternative facilities, such as non-custodial community-based facilities. Minors shall not be separated from their parents during the procedure, unless it is in their best interest.
Amendment 634 #
Amendment 652 #
2018/0329(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
The Commission shall report every three years to the European Parliament and the Council on the application of this Directive in the Member States and, if appropriate, propose amendments. Such report shall be accompanied by a full Commission impact assessment of the transposition and implementation of this Directive.
Amendment 653 #
2018/0329(COD)
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 14(2) shall be conferred on the Commission for a period of 5 years from the … [date of entry into force of the basic legislative act or any other date set by the co-legislators]. 3. The delegation of power referred to in Article 14(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 14(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 74 #
2018/0250(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) EnsuringWhile internal security, which is a competence of the Member States, guaranteeing it requires cooperation and coordination at Union level. This a shared endeavour to which the EU institutions, relevant Union agencies and Member States should jointly contribute. In the period 2015 to 2020, the Commission, the Council of the European Union and the European Parliament have defined common priorities as set out in the European Agenda on Security of April 201510, which were reaffirmed by the Council in the renewed Internal Security Strategy of June 201511 and by the European Parliament in its Resolution of July 201512. That shared strategy aimed at providing the strategic framework for the work at Union level in the area of internal security, and defined the main priorities for action to ensure an effective Union response to security threats for the period 2015-2020, namely tackling terrorism and preventing radicalisation, disrupting organised crime and fighting cybercrime. __________________ 10 COM(2015) 185 final of 28 April 2015. 11 Council Conclusions of 16 June 2015 on the renewed European Union Internal Security Strategy 2015-2020. 12 European Parliament resolution of 9 July 2015 on the European Agenda on Security (2015/2697(RSP)).
Amendment 78 #
2018/0250(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In the Rome Declaration signed on 25 SeptemberMarch 2017, leaders of 27 Member States affirmed their determination to a safe and secure Europe and to build a Union where all citizens feel safe and can move freely, where the external borders are secured, with an efficient, responsible and sustainable migration policy, respecting international norms, as well as a Europe determined to fight terrorism and organised crime.
Amendment 84 #
2018/0250(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To achieve this objective, actions should be taken at Union level to protect people, critical infrastructure and goods from increasingly transnational threats and to support the work carried out by Member States’ competent authorities. Terrorism, serious and organised crime, itinerant crime, drug trafficking, corruption, cybercrime, trafficking in human beings and armincluding that of arms and drugs, corruption, money laundering, cybercrime, trafficking in human beings, sexual exploitation, including that of children, and hybrid threats as well as chemical, biological, radiological and nuclear threats, among others, continue to challenge the internal security of the Union.
Amendment 88 #
2018/0250(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Funding from the Union budget should concentrate on activities where Union intervention can bring added value compared to action by Member States alone. In- line with Articles 84 and 87(2) of the TFEU, funding should support measures to promote and support the action of Member States in the field of crime prevention and police, joint training and police and judicial cooperation involving all the Member States’ competent authorities and Union agencies concerning especially information exchange, increased operational cooperation and supporting efforts to strengthen capabilities to combat and to prevent crime. The Fund should not support operating costs and activities related to the essential functions of the Member States concerning the maintenance of law and order and the safeguarding of internal and national security as referred to in Article 72 of the TFEU.
Amendment 89 #
2018/0250(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To preserve the Schengen acquis and to strengthen its functioning, Member States have, since 6 April 2017, been obliged to carry out systematic checks against relevant databases on EU citizens who are crossing the EU’s external borders. Furthermore, the Commission issued a Recommendation to Member States to make better use of police checks and cross-border cooperation. Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and freedoms and the rule of law, a strong attention to the global perspective and the necessary coherence with the external dimension of security should be key principles guiding the Union and Member States’ action towards the development of an effective and genuine security union.
Amendment 92 #
2018/0250(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Solidarity and cooperation among Member States, a clear division of tasks, respect for fundamental rights and freedoms and the rule of law, focused attention on the global perspective and the necessary coherence with the external dimension of security should be the key principles guiding the Union and the Member States towards the creation of a genuine, effective security union.
Amendment 94 #
2018/0250(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The Fund should be implemented in full compliance with the values of the Union as set out in Article 2 of the Treaty on European Union (TEU), the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and with the Union’s international obligations as regards fundamental rights.
Amendment 97 #
2018/0250(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In line with the shared priorities identified at Union level to ensure a high level of security in the Union, the Fund will support actions aimed at addressing the main security threats and in particular tackling terrorism and radicalisation, serious and organised crime and cybercrime and assisting and protecting victims of crime and protecting critical infrastructure. The Fund will ensure that the Union and its Member States are well equipped also to address evolving and emergnew threats such as online trafficking and hybrid threats, chemical, biological, radiological and nuclear threats, and evolving threats with a view to implementing a genuine security union. This should be pursued through financial assistance to support better information exchange, increase operational cooperation and improve national and collective capabilities.
Amendment 100 #
2018/0250(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Within the comprehensive framework of the Fund, the financial assistance provided through the Fund should in particular support information exchange and access to information as well as police and judicial cooperation and prevention in the fields of serious and organised crime, illicit arms trafficking, corruption, money laundering, drug trafficking, environmental crime, exchange of and access to information, terrorism, trafficking in human beings, exploitation of illegal immigration, child sexual exploitation, distribution of child abuse images and child pornography, and cybercrime. The Fund should also support the protection of people, public spaces and critical infrastructure against security- related incidents and the effective management of security-related risks and crises, including through joint training, the development of common policies (strategies, policy cycles, programmes and action plans), legislation and practical cooperation. The Fund should build on the results and investments of its predecessors:
Amendment 108 #
2018/0250(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Within the comprehensive framework of the Union’s anti-drugs strategy, which advocates a balanced approach based on a simultaneous reduction in supply and demand, the financial assistance provided under this Fund should support all actions aimed at preventing and combating trafficking in drugs (supply and demand reduction), and in particular measures targeting the production, manufacture, extraction, sale, transport, importation and, exportation and consumption of illegal drugs, including possession and purchase with a view to engaging in drug trafficking activities. The Fund should in particular cover the sensitisation and prevention aspects of the drugs policy. To bring further synergies and clarity in the drugs-related area, these elements of drugs-related objectives — which in 2014-2020 were covered by the Justice programme — should be incorporated into the Fund.
Amendment 110 #
2018/0250(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) With a view to ensuring that the Fund makes an effective contribution to a higher level of internal security throughout the European Union, to the development of a genuine security union, it should be used in a way that adds most European value to the action of the Member States.
Amendment 111 #
2018/0250(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To contribute to the achievement of the objectives of the Fund, Member States should ensure that the priorities of their programmes addresscontribute to achieving the specific objectives of the Fund, that the priorities chosen are in-line with the implementing measures as set out in Annex II and that the allocation of resources between objectives is proportional to the challenges and requirements and ensures that the overall policy objective can be met.
Amendment 114 #
2018/0250(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Fund should be coherent with and complementary to other Union financial programmes in the field of security. Synergies will be sought ensured in particular with the Asylum and Migration Fund, the Integrated Border Management Fund consisting of the border management and visa instrument established by Regulation (EU) X and the customs control equipment instrument established by Regulation (EU) X as well as the other Cohesion Policy Funds covered by Regulation (EU) X [CPR], the security research part of the Horizon Europe programme established by Regulation (EU) X, the Rights and Values programme established by Regulation X, the Justice programme established by Regulation EU X, the Digital Europe programme established by Regulation EU X and the InvestEU programme established by Regulation EU X. Synergies should be sought in particular on security of infrastructure and public spaces, cybersecurity, victim protection and the prevention of radicalisation. Effective coordination mechanisms are essential to maximise the effective achievement of policy objectives, exploit economies of scale and avoid overlaps between actions.
Amendment 118 #
2018/0250(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Measures in and in relation to third countries supported through the Fund should be implemented in full synergy and coherence with and should complement other actions outside the Union supported through the Union’s external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign, the Union’s foreign policy and development aid policy related to the country or region in question. In relation to the external dimension, the Fund should enhance cooperation with third countries in areas of interest to the Union’s internal security, such as countering terrorism and radicalisation, cooperation with third country law enforcement authorities in the fight against terrorism (including detachments and joint investigation teams), trafficking, in particular of arms, drugs, endangered species and cultural goods, serious and organised crime and corruption, trafficking in human beings and migrant smuggling.
Amendment 121 #
2018/0250(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) A Member State may be deemed not to be compliant with the relevant Union acquis as regards the use of operating support under this Fund if it has failed to fulfil its obligations under the Treaties in the area, of security if there is a clear risk of a serious breach by the Member State of the Union’s values when implementing the acquis on security or if an evaluation report under the Schengen evaluation and monitoring mechanism identified deficiencies in the relevant area.
Amendment 122 #
2018/0250(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
Amendment 123 #
2018/0250(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) The critical infrastructure which the Member States must protect should be taken into account when the available resources are distributed.
Amendment 125 #
2018/0250(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should be encouraged to use part of their programme allocation to fund actions listed in Annex IV benefiting from a higher Union contribution, primarily because of their significant European added value or their high importance for the Union.
Amendment 126 #
2018/0250(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) To complement the implementation of its policy objective at national level through Member States’ programmes, the Fund should also provide support for actions at Union level. Such actions should serve overall strategic purposes within the scope of intervention of the Fund relating to policy analysis and innovation, transnational mutual learning and partnerships and the testing of new initiatives and actions across the Union. or among certain Member States. In this regard, Member States’ intelligence services should be approached to ensure a more effective fight against terrorism and serious and organised crime and to understand their cross-border nature; this will encourage their cooperation. The Fund should support Member States’ efforts to exchange best practice and to promote joint training in order to help develop a culture of cooperation and mutual trust between intelligence services.
Amendment 127 #
2018/0250(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to ensure the necessary flexibility of action and respond to emerging needs, it should be made possible for decentralised agencies to be provided with the appropriate additional financial means to carry out certain emergency tasks. In instances where the task to be undertaken is of such urgent nature that an amendment of their budgets could not be finalised in time, decentralised agencies should be eligible as beneficiaries of emergency assistance, including in the form of grants, consistent with priorities and initiatives identified at Union level by the EU institutions. In order to contribute to action taken transnationally and to European added value, decentralised agencies should also be eligible as beneficiaries of resources available under Union action.
Amendment 131 #
2018/0250(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Regulation (EU) No X [CPR] establishes the framework for action by the European Regional Development Fund (ERDF), the European Social Fund Plus (ESF+), the Cohesion Fund, the European Maritime and Fisheries Fund (EMFF), the Asylum, Migration and MiIntegration Fund (AMIF), Internal Security Fund (ISF) and the instrument for border management and visa (BMVI), as a part of the Integrated Border Management Fund (IBMF), and it lays down, in particular, the rules concerning programming, monitoring and evaluation, management and control for EU funds implemented under shared management. Additionally it is necessary to specify the objectives of the Internal Security Fund in this Regulation, and to lay down specific provisions concerning the activities that may be financed with the support of this Fund.
Amendment 132 #
2018/0250(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council19, Council Regulation (Euratom, EC) No 2988/9520, Council Regulation (Euratom, EC) No 2185/9621 and Council Regulation (EU) 2017/193922, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and/or criminal sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrate investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other criminal offences affecting the financial interests of the Union. In accordance with Council Regulation (EU) 2017/1939, the European Public Prosecutor’s Office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council23. In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. Member States must cooperate fully and give all the necessary assistance to the Union’s institutions, agencies and bodies in order to protect the Union’s financial interests. __________________ 19 Regulation (EU, Euratom ) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248 18.9.2013, p. 1). 20 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p. 1). 21 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 22 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 23 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 149 #
2018/0250(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘exchange of and access to information’ means the secure collection, storage, processing, analysis and exchange of information relevant to the authorities referred to in Article 87 TFEU as well as to Europol and Eurojust in relation to the prevention, detection, investigation, and prosecution of criminal offences, in particular cross- border organised crime;
Amendment 152 #
2018/0250(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘police cooperation’ means the specific measures and types of cooperation involving all the Member States’ competent authorities as referred to in Article 87 TFEU.
Amendment 158 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The policy objective of the Fund shall be to contribute to ensuring a high level of security in the Union by reinforcing cooperation, among other things, in particular by tackling terrorism and radicalisation, serious and organised crime and cybercrime and by assisting and protecting victims of crime.
Amendment 161 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) to increase the exchange of information among and within the UnionMember States’ law enforcement, judicial and other competent authorities and other relevant Union bodiesMember State and Union bodies, in particular Europol and Eurojust, as well as with third countries and international organisations;
Amendment 163 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) to intensify coordination and cooperation, including cross-border joint operations among and within the UnionMember States’ law enforcement and other competent authorities in relation to terrorism and serious and organised crime with a cross-border dimension; and
Amendment 168 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to support effort at strengthening theMember States’ capabilities in relation to combatting and preventing crime including terrorism and cybercrime, in particular through increased cooperation between public authorities, the Union agencies concerned, civil society and private partners across the Member States.
Amendment 169 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) to develop a common intelligence culture by supporting mutual contacts and trust, understanding and learning, sharing know-how and best practice among Member States’ intelligence services, particularly through joint training courses and exchanges of experts between Member States.
Amendment 171 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States shall ensure that the allocation of the resources allocated to them for the various objectives of the fund is proportional to the challenges and needs in order to ensure that the objectives can be achieved.
Amendment 175 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Actions funded shall be implemented in full respect for the values set out in Article 2 of the Treaty on European Union (TEU), fundamental rights and human dignity. In particular, actions shall comply with the provisions of the Charter of Fundamental Rights of the European Union, Union data protection law and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). In particular, wherever possible, special attention shall be given by Member States when implementing actions to the assistance and protection of vulnerable persons, in particular children and unaccompanied minors.
Amendment 192 #
2018/0250(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii
Article 5 – paragraph 1 – point a – point ii
(ii) third country listed in the work programme under the conditions specified therein and on condition that the third country complies with the requirements concerning compliance with fundamental rights as set out in Article 3(4) of this regulation.
Amendment 199 #
2018/0250(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Legal entities established in a third country are exceptionally eligibleauthorised by the Commission to participate where this is necessary for the achievement of the objectives of a given action.
Amendment 203 #
2018/0250(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Support provided under this Regulation shall complement national, regional and local intervention, and shall focus on bringing European added value to the objectives of this Regulation.
Amendment 204 #
2018/0250(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union and is complementary to other Union instruments, in particular action taken under other Union funds.
Amendment 212 #
2018/0250(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Funding from the thematic facility shall address priorities with a high added value to the Union or to be used to respond to urgent needs, in line with agreed Union priorities as outlined in Annex II. The allocation of resources from the thematic facility among the various priorities must as far as possible be proportional to the challenges and needs in order to ensure that the objectives of the Fund can be achieved.
Amendment 224 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Member States shall ensure that their programmes include actions addressing all the specific objectives of the Fund referred to in Article 3(2) and that the allocation of resources among the objectives is proportionate to the challenges and needs and ensures that the objectives can be met. Member States shall allocate a minimum of 20% of the resources allocated to their programmes to each of the specific objectives mentioned in Article 3(2a), (2b) and (2c). Member States shall allocate a minimum of 5% of the resources allocated to their programmes to the specific objective mentioned in Article 3(2c).
Amendment 225 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
1b. Member States wishing to deviate from the provisions of paragraph 1(a) of this article shall inform the Commission accordingly and shall assess, together with the Commission, whether these minimum percentages should be amended because of particular circumstances affecting internal security. Any such amendments must be approved by the Commission.
Amendment 226 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 1 c (new)
Article 12 – paragraph 1 c (new)
1c. When evaluating Member State programmes, the Commission shall ensure that the action envisaged is not affected by a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU that puts at risk the legality and regularity of expenditure or the performance of projects.
Amendment 231 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Commission shall ensure that the Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for Law Enforcement Training (CEPOL) and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) are associated to the development of the programmes at an early stagefrom the start to the process of developing the programmes, as regards the areas of their competence. Specifically, Member Statesthe Commission shall consult Europol on the design of their actionsraft programmes, in particular when including EU policy cycle or EMPACT actions or actions coordinated by the Joint Cybercrime Action Taskforce (J-CAT) in their programmes. Prior to including training in their programmes, Member States shall coordinate with CEPOL in order to avoid overlaps.
Amendment 237 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. A maximum of 15 % of the allocation of a Member State programme may be used for the purchase of equipment, means of transport or the construction of security-relevant facilities. This ceiling may be exceeded only in duly justified cases and after approval by the Commission.
Amendment 241 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point a
Article 12 – paragraph 5 – point a
(a) Union priorities and acquis in the area of security, in particular information exchangecoordination and cooperation between law enforcement authorities as well as information exchange, quality of data, efficiency, supply of data and interoperability of IT systems;
Amendment 244 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. Whenever a Member State decides to implement projects with or in a third country, with the support of the Fund, the Member State concerned shall consult the Commission prior to the start of the projectrequest the approval of the Commission prior to the start of the project. Before giving its approval, the Commission shall ensure the complementarity and coherence of the planned projects with other Union and Member State actions taken vis-à-vis the third country concerned. The Commission shall also verify the conformity of the planned projects with the requirements concerning fundamental rights set out in Article 3(4).
Amendment 248 #
2018/0250(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Specific actions are transnational or national projects delivering added value for the EU and in line with the objectives of this Regulation for which one, several or all Member States may receive an additional allocation to their programmes. Specific actions shall target in particular the strengthening of coordination and cooperation among Member States’ law enforcement authorities on the one hand and with the Union agencies concerned on the other.
Amendment 249 #
2018/0250(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States may, in addition to their allocation calculated in accordance with Article 10(1), receive funding for specific actions, provided that it is earmarked as such in the programme and is used to contribute to the implementation of the objectives of this Regulation, including covering newly emerging threats, in particular online trafficking and hybrid, chemical, biological, radiological and nuclear threats.
Amendment 251 #
2018/0250(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 253 #
2018/0250(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. Decentralised bodies can also be eligible for financing available under Union actions to support transnational actions which deliver European added value.
Amendment 259 #
2018/0250(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The recipient of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results by providing coherent, effective and proportionate targeted information to multiple audiences, including media and the public, in the language concerned. To this end, recipients shall ensure that all communications to the media and the public mention explicitly the Union’s financial support and display the Union emblem prominently.
Amendment 262 #
2018/0250(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The Commission shall, for the benefit of the public, implement information and communication actions relating to the Fund and its actions and results. Financial resources allocated to the Fund shall also contribute in particular to the corporate communication of the political priorities of the Union, as far as they are related to the objectives of this Regulation.
Amendment 274 #
2018/0250(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process in accordance with the timeline set out Article 40 of Regulation (EU) No [CPR]. These evaluations shall be submitted to the European Parliament forthwith.
Amendment 277 #
2018/0250(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
(c) the complementarity and coherence between the actions supported by the Fund and support provided by other Union funds, in particular those in or in relation to third countries;
Amendment 279 #
2018/0250(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point d a (new)
Article 26 – paragraph 2 – point d a (new)
(da) fulfilment of the fundamental rights requirements;
Amendment 292 #
2018/0250(COD)
Proposal for a regulation
Annex II – paragraph 3 a (new)
Annex II – paragraph 3 a (new)
The Fund shall contribute to the specific objective set out in Article 3(2)(c), by focusing on the following implementation measures: (a) improving cooperation and coordination among the Member States’ intelligence services; (b) contacts, networking, mutual confidence, understanding and learning, identification, exchange and dissemination of know-how, experience and best practice, with particular regard to support for police enquiries and threat assessment; (c) exchange, training and education of staff and experts.
Amendment 294 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 1
Annex III – indent 1
— IT systems and networks contributing to the achievement of the objectives of this Regulation, training on the use of such systems, testing and improving interoperability and input of data into databases and the data quality of such systems;
Amendment 299 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 3 a (new)
Annex III – indent 3 a (new)
– Support for decentralised agencies to facilitate cooperation in cross-border operations.
Amendment 300 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 4
Annex III – indent 4
– actions supporting an effective and coordinated response to crisis linking up existing sector-specific capabilities, expertise centres and situation awareness centres, including those for health, civil protection and, terrorism and cybercrime;
Amendment 302 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 5 a (new)
Annex III – indent 5 a (new)
– actions to boost research and the exchange of expertise on resisting new threats, including online trafficking and hybrid, chemical, biological, radiological and nuclear threats;
Amendment 304 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 6 a (new)
Annex III – indent 6 a (new)
– support for initiatives to network Member States’ intelligence services in order to promote a common intelligence culture and boost mutual trust, the exchange and spread of know-how, information, experience and good practice,
Amendment 311 #
2018/0250(COD)
Proposal for a regulation
Annex IV – title
Annex IV – title
Actions eligible for higher co-financing in- line with Articles 11(23) and 12(67)
Amendment 318 #
2018/0250(COD)
Proposal for a regulation
Annex IV – indent 2
Annex IV – indent 2
– Projects which aim at improving police and judicial cooperation and the interoperability of IT systems and communication networks41. __________________ 41 In line with the Commission Communication on stronger and smarter information systems for borders and security COM(2016) 205.
Amendment 320 #
2018/0250(COD)
Proposal for a regulation
Annex IV – indent 2 a (new)
Annex IV – indent 2 a (new)
– Projects which aim at implementing the specific objective set out in Article 3(2c(a)).
Amendment 321 #
2018/0250(COD)
Proposal for a regulation
Annex IV – indent 2 b (new)
Annex IV – indent 2 b (new)
– Project which aim at combating child sexual exploitation, particularly on line.
Amendment 322 #
2018/0250(COD)
Proposal for a regulation
Annex IV – indent 2 c (new)
Annex IV – indent 2 c (new)
- Projects which aim to fight online trafficking.
Amendment 324 #
2018/0250(COD)
Proposal for a regulation
Annex V – part 2 – point 3 – paragraph 1
Annex V – part 2 – point 3 – paragraph 1
Value of illicit drug seizures achieved with involvement ofseizures of illicit drugs, arms, products which are the result of wildlife trafficking and trafficking of cultural goods achieved with cross-border cooperation between law enforcement agencies.
Amendment 327 #
2018/0250(COD)
Proposal for a regulation
Annex VI – table 1 – Codes for the Intervention Field Dimension – row 12 a (new)
Annex VI – table 1 – Codes for the Intervention Field Dimension – row 12 a (new)
12a Trafficking of cultural objects
Amendment 328 #
2018/0250(COD)
Proposal for a regulation
Annex VI – table 1 – Codes for the Intervention Field Dimension – row 12 b (new)
Annex VI – table 1 – Codes for the Intervention Field Dimension – row 12 b (new)
12b Trafficking of endangered species
Amendment 332 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 1 – point 1 – paragraph 1 – point a
Annex VIII – part 1 – point 1 – paragraph 1 – point a
(a) number of alerts signalled to, and searches performed in, the Schengen Information System (SIS);
Amendment 338 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 2 – point 4 – paragraph 1
Annex VIII – part 2 – point 4 – paragraph 1
Value of illicit drug seizures achieved with involvement ofseizures of illicit drugs, arms, products which are the result of wildlife trafficking and trafficking of cultural goods achieved with cross-border cooperation between law enforcement agencies.
Amendment 339 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 2 – point 4 – paragraph 2
Annex VIII – part 2 – point 4 – paragraph 2
data source: Europol, Member States, Union action grant beneficiaries
Amendment 340 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 3 – point 1 – paragraph 2
Annex VIII – part 3 – point 1 – paragraph 2
data source: Member States, Europol, Enisa
Amendment 348 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 3 – point 5 – paragraph 2
Annex VIII – part 3 – point 5 – paragraph 2
data source: RSR, Member States
Amendment 350 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 3 a (new)
Annex VIII – part 3 a (new)
Specific objective 3a: to develop a common intelligence culture (1) Number of exchanges set up between Member States in the field of intelligence. (2) Number of experts and law enforcement officials that completed training, exercises, mutual learning or specialised exchange programmes on cross-border related topics provided with the support of the Fund. Data source: Member States
Amendment 159 #
2018/0248(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the Asylum, Migration and MiIntegration Fund
Amendment 161 #
2018/0248(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2) and, Article 79(2) and (4) and Article 80 thereof,
Amendment 166 #
2018/0248(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In the context of the evolving migratory challenges characterised by the need to support strong reception, asylum, integration and migration systems of Member States, prevent and adequately handle in solidarity situations of pressure and replace irregular and unsafe arrivals with legal and safe pathways, investing in efficient and coordinated migration management in the Union is key to realising the Union’s objective of constituting an area of freedom, security and justice pursuant to Article 67(2) of the Treaty on the Functioning of the European Union.
Amendment 168 #
2018/0248(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The importance of a coordinated approach by the Union and the Member States is reflected in the European Agenda on Migration of May 2015, which stressed the need for a consistent and clear common policy to restore confidence in the Union’s ability to bring together European and national efforts to address migration and work together in an effective way, in accordance with the principles of solidarity and fair sharing of responsibility between the Member States established in Article 80 of the Treaty on the Functioning of the European Union, and was confirmed in its mid-term review of September 2017 and the progress report of March and May 2018.
Amendment 170 #
2018/0248(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In its conclusions of 19 October 2017, the European Council reaffirmed the need to pursue a comprehensive, pragmatic and resolute approach to migration management that aims to restore control of external borders and reduce irregular arrivals and the number of deaths at sea, and should be based on a flexible and coordinated use of all available Union and Member State instruments. The European Council further called to ensure significantly enhanced returns through actions at both EU and Member States level, such as effective readmission agreements and arrangements. The European Council called moreover for voluntary resettlement programmes to be implemented and developed.
Amendment 180 #
2018/0248(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Fund should help Member States demonstrate their solidarity with one another and support the efficient management of migration flows, inter alia by promoting common measures in the area of asylum, including Member States’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between Member States, supporting integration strategies and a more effective legal migration policy, so as to ensure the Union’s long-term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy. The Fund should support the strengthening of cooperation with third countries to build up their reception capacity and reinforce management of flows of persons applying for asylum or other forms of international protection, avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries. and reintegration to third countries with full respect for returnees' fundamental rights and dignity.
Amendment 186 #
2018/0248(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The migration crisis highlighted the need to reform the Common European Asylum System in order to develop legal routes, to ensure that efficient asylum procedures to prevent secondary movements, to provide uniform and appropriate reception conditions for applicants for international protection, uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection. At the same time, the reform was needed to put in place a fairer and more effective system of determining Member States’ responsibility for applicants for international protection as well as a Union framework for Member States’ resettlement efforts. Therefore, it is appropriate for the Fund to provide increased support to Member States’ efforts to fully and properly implement the reformed Common European Asylum System.
Amendment 190 #
2018/0248(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The Fund should also complement and reinforce the activities undertaken by the European Union Agency for Asylum (EUAA) established by Regulation (EU)../.. [EUAA Regulation]14 with a view to facilitating and improving the functioning of the common European asylum system, by coordinating and strengthening practical cooperation and information exchange between Member States, promoting Union law and operational standards on asylum in order to ensure a high degree of uniformity based on high protection standards as regards procedures for international protection, reception conditions and the assessment of protection needs across the Union, enabling a sustainable and fair distribution of applications for international protection among the Member States, facilitate convergence in the assessment of applications for international protection across the Union, support the resettlement efforts of the Member States and provide operational and technical assistance to Member States for the management of their asylum and reception systems, in particular those whose systems are subject to disproportionate pressure. _________________ 14 Regulation (EU) No ../.. of the European Parliament and of the Council of [EUAA Regulation] (OJ L …, [date], p. ..).
Amendment 197 #
2018/0248(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Partnerships and cooperation with third countries are an essential component of Union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection. With the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the Member States of third-country nationals or stateless persons in need of international protection, expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries, helping achieve the Union’s migration policy objectives by increasing the Union’s leverage vis-à-vis third countries, and of effectively contributing in an ambitious and effective manner to global resettlement initiatives by speaking with one voice in international fora and with third countries, the Fund should provide financial incentives to the implementation of the Union Resettlement [and Humanitarian Admission] Framework.
Amendment 204 #
2018/0248(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In this context, the authorities of the Member States responsible for the implementation of the Fund should be required to cooperate and establish coordination mechanisms with the authorities identified by Member States for the purpose of the management of the interventions of the ESF+ and of the ERDF and wherever necessary with their managing authorities and with the managing authorities of other Union funds contributing to the integration of third- country nationals. The Commission should be able to assess where these different funds connect and ascertain in particular how coherent and complementary these connections are.
Amendment 215 #
2018/0248(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The thematic facility should in particular support actions promoting the integration of third country nationals, efforts on solidarity and sharing of responsibility between Member States and resettlement efforts under Regulation xxx/xxx (Union resettlement framework). To this end, a significant portion of the thematic facility should be earmarked for these three kinds of actions.
Amendment 225 #
2018/0248(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Member States should give preference to voluntary return. In order to promote voluntary return, Member States should envisage incentives such as preferential treatment in the form of enhanced return assistance should be envisaged for the voluntary return of persons. This kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost- effectiveness. The principle of best interests of the child must bethe primary consideration in all actions or decisions concerning children in migration, including returns. These efforts should also take full account of the right of the child to express his or her views.
Amendment 247 #
2018/0248(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The Fund should support in particular measures relating to the special needs of vulnerable asylum seekers and especially unaccompanied minors.
Amendment 251 #
2018/0248(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Synergies, consistency, complementarity and efficiency should be sought with other Union funds and any overlap or contradiction between actions should be avoided.
Amendment 253 #
2018/0248(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) MThe Fund should prioritise financing for actions within the Union itself. The Fund may finance measures in and in relation to third countries supported through the Fund shouldinsofar as they complement other actions outside the Union supported through the Union’'s external financing instruments and provided that they do not receive a disproportionate share of the resources available. In particular, in implementing such actions, full coherence and complementarity should be sought with the principles and general objectives of the Union’s development aid policy, external action and foreign policy in respect of the country or region in question and the Union international commitments. In relation to the external dimension, the Fund should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the Union's migration policy.
Amendment 258 #
2018/0248(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Funding from the Union budget should concentrate on activities where Union intervention can bring added value compared to action undertaken by Member States alone. Financial support provided under this Regulation should contribute, in particular, to Member State solidarity on asylum and strengthening national and Union capabilities in the areas of asylum and migration.
Amendment 268 #
2018/0248(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) To contribute to the achievement of the policy objective of the Fund, Member States should ensure that their programmes include actions addresscontribute to achieving the specific objectives of this Regulation, and that the priorities chosen are in line with the implementation measures as set out in Annex II and that the allocation of resources between the objectives ensures that the overall policy objective can be met. Member States should ensure that how resources for the various objectives of the fund are shared is in proportion to the challenges and needs in order to ensure that the objectives can be achieved. To this end, each objective should be assigned a minimum level of resources.
Amendment 270 #
2018/0248(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) As challenges in the area of migration are constantly evolving, there is a need to adapt the allocation of funding to the changes in migration flows. To respond to pressing needs and changes in policy and Union priorities, and to steer funding towards actions with a high level of Union added value, part of the funding will be periodically allocated to specific actions, Union actions, emergency assistance, resettlement, the support of vulnerable groups including children and to provide additional support for Member States contributing to solidarity and responsibility efforts via a thematic facility.
Amendment 276 #
2018/0248(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to strengthen the Union’s capacity to immediately address unforeseen or disproportionate heavy migratory pressure in one or more Member States characterised by a large or disproportionate inflow of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum and migration management systems and procedures, heavy migratory pressures or significant resettlement needs in third countries due to political developments or conflicts, it should be possible to provide emergency assistance in accordance with the framework set out in this Regulation.
Amendment 282 #
2018/0248(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Regulation (EU) …/2021 [Common Provisions Regulation] establishes the framework for action for ERDF, ESF+, the Cohesion Fund, the European Maritime and Fisheries Fund (EMFF), the Asylum, Migration and MiIntegration Fund (AMIF), the Internal Security Fund (ISF) and the Border Management and Visa Instrument (BMVI) as a part of the Integrated Border Management Fund (IBMF), and lays down, in particular, the rules concerning programming, monitoring and evaluation, management and control for Union funds implemented under shared management. It is therefore necessary to specify the objectives of the AMIF, and to lay down specific provisions concerning the type of activities that may be financed by the AMIF.
Amendment 283 #
2018/0248(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) In accordance with the Financial Regulation21, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council22, Council Regulation (Euratom, EC) No 2988/9523, Council Regulation (Euratom, EC) No 2185/9624 and Council Regulation (EU) 2017/193925, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and/or criminal sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other criminal offences affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council26. In accordance with the Financial Regulation, any person or entity receiving Union funds is to cooperate fully in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. Member States are to cooperate fully and give all the necessary assistance to the Union’s institutions, agencies and bodies in order to protect the Union’s financial interests. _________________ 21 OJ C , , p. . 22 OJ C , , p. . 23 Council Regulation (Euratom, EC) No 2988/95 of 18 December 1995 on the protection of the European Communities’' financial interests (OJ L 312, 23.12.95, p. 1). 24 OJ C , , p. . 25 Council Regulation (EU) 2017/1371 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 26 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’'s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 285 #
2018/0248(COD)
Proposal for a regulation
Recital 51 a (new)
Recital 51 a (new)
(51a) Pursuant to Regulation xxx/xxx (Regulation on protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States), the Union should take action to protect its budget from the moment a generalised deficiency in the rule of law in a Member State is detected. Regulation xxx/xxx applies to the Fund.
Amendment 290 #
2018/0248(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list of actions eligible for higher co-financing as listed in Annex IV, the operating support provided for in Annex VII and in order to develop further the common monitoring and evaluation framework. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that these consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law Making of 13 April 2016.
Amendment 292 #
2018/0248(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Since the objectives of this Regulation, namely to boost solidarity between Member States and contribute to an effective management of migration flows in the Union, in accordance with the common policy on asylum and international protection and the common immigration policy, cannot be sufficiently achieved by the Member States acting alone and can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 294 #
2018/0248(COD)
Proposal for a regulation
Article premier – paragraph 1
Article premier – paragraph 1
1. This Regulation establishes the Asylum, Migration and MiIntegration Fund (‘the Fund’).
Amendment 302 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The policy objective of the Fund shall be to contribute to solidarity and the equitable sharing of responsibilities between Member States and to an efficient management of migration flows in line with the relevant Union acquis and in compliance with the Charter of Fundamental Rights and the Union’'s commitments on fundamental rights.
Amendment 310 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) tTo support legal migration to the Member States including to contribute to the integration of third-country nationals;
Amendment 314 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(b a) To contribute to the integration of third-country nationals;
Amendment 316 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries., putting in place a child-rights based compliant mechanism if the return is in the best interest of the child;
Amendment 324 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States shall ensure that the resources for the various objectives of the fund are shared in a manner proportionate to the challenges and needs in order to ensure that the objectives can be achieved.
Amendment 326 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Actions funded shall be implemented in full respect for the values set out in Article 2 TEU, fundamental rights and human dignity. In particular, actions shall comply with the provisions of the Charter of Fundamental Rights of the European Union, Union data protection law and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). In particular, wherever possible, special attention shall be given by Member States when implementing actions to the assistance and protection of vulnerable persons, in particular children and unaccompanied minors.
Amendment 333 #
2018/0248(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The Commission shall be empowered to adopt delegated acts, in accordance with Article 32, to amend Annexes II and III.
Amendment 340 #
2018/0248(COD)
Proposal for a regulation
Article 5 – paragraph 1 – indent 1 a (new)
Article 5 – paragraph 1 – indent 1 a (new)
- provides for the monitoring of actions carried out in the framework of this third country participation with regard to compliance with the Union acquis on asylum and migration, particularly concerning fundamental rights, as well as Member States' obligations under international law.
Amendment 347 #
2018/0248(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a – point 3
Article 6 – paragraph 1 – point a – point 3
(3) third country listedreferred to in the work programme under the conditions specified therein and on condition that the third country complies with the requirements concerning compliance with fundamental rights as set out in Article 3(3a) of this regulation;
Amendment 351 #
2018/0248(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Legal entities established in a third country are exceptionally eligibleauthorised by the Commission to participate where this is necessary for the achievement of the objectives of a given action.
Amendment 357 #
2018/0248(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Support provided under this Regulation shall complement national, regional and local intervention, and shall focus on addingbringing European added value to the objectives of this Regulation.
Amendment 359 #
2018/0248(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Commission and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union and is complementary to other Union instruments, in particular action taken under other Union funds.
Amendment 372 #
2018/0248(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point e
Article 9 – paragraph 1 – subparagraph 1 – point e
(e) support to Member States and local and regional authorities contributing to solidarity and responsibility efforts; and
Amendment 383 #
2018/0248(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The thematic facility shall in particular, support actions falling under the implementation measure 2(b) of Annex II that are implemented by the local and regional authorities or civil society organisations, actions under implementing measure 1(c) of Annex II encouraging solidarity and responsibility-sharing efforts between Member States, as well as actions under implementing measure 1(d) of Annex II encouraging resettlement efforts under Regulation xxx/xxx (Union Resettlement Framework). A minimum of 30% of the thematic facility shall be allocated to these three types of actions combined.
Amendment 401 #
2018/0248(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Member States shall, in addition, ensure that their programmes include actions addressing all the specific objectives of the Fund referred to in Article 3(2) and that the allocation of resources among the objectives is proportionate to the challenges and needs and ensures that the objectives can be met. Member States shall allocate a minimum of 15% of the resources allocated to their programmes to each of the specific objectives mentioned in Article 3(2a), 2(b), 2(ba) and (2c). Member States wishing to deviate from this rule shall inform the Commission accordingly and shall assess, together with the Commission, whether these minimum percentages should be amended because of particular circumstances.Any such amendments must be approved by the Commission. When evaluating Member State programmes, the Commission shall ensure that the action envisaged is not affected by a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU that puts at risk the legality and regularity of expenditure or the performance of projects.
Amendment 415 #
2018/0248(COD)
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. Whenever a Member State decides to implement projects with or in a third country with the support of the Fund, the Member State concerned shall consult the Commission prior to the start of the projectrequest the approval of the Commission prior to the start of the project. Before giving its approval, the Commission shall ensure the complementarity and coherence of the planned projects with other EU and Member State actions taken vis-à-vis the third country concerned. The Commission shall also verify the conformity of the planned projects with the requirements concerning fundamental rights set out in Article 3(3a).
Amendment 426 #
2018/0248(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Specific actions are transnational or national projects delivering added value for the EU and in line with the objectives of this Regulation for which one, several or all Member States may receive an additional allocation to their programmes.
Amendment 434 #
2018/0248(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. A Member State referred to in paragraphs 1 and 2 shall receive an additional contribution of EUR [10 000] per applicant who has been granted international protection for the implementation of integration measures or EUR [15 000] if the applicant is an unaccompanied minor.
Amendment 446 #
2018/0248(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Visibility, transparency and communication The recipients of Union financing shall comply fully with the visibility, transparency and communication requirements set out in regulation xxx/xxx (Common Provisions Regulation).
Amendment 455 #
2018/0248(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public, in the language concerned. To this end, recipients shall ensure that all communications to the media and the public mention explicitly the Union’s financial support and display the Union emblem prominently.
Amendment 458 #
2018/0248(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The Commission shall, for the benefit of the public, implement information and communication actions relating, in particular, to the Fund and its actions and results. Financial resources allocated to the Fund shall also contribute to the corporate communication on the political priorities of the Union, as far as they are related to the objectives of this Regulation.
Amendment 470 #
2018/0248(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Commission shall carry out a mid-term and a retrospective evaluation of this Regulation, including the actions implemented under the Fund, their European added value and the contribution to European solidarity in the field of asylum, as well as the coherence between the actions undertaken under this Fund and the other Funds.
Amendment 474 #
2018/0248(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process. These evaluations shall be submitted to the European Parliament forthwith.
Amendment 478 #
2018/0248(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point c
Article 30 – paragraph 2 – point c
(c) the complementarity and coherence between the actions supported by the Fund and support provided by other Union funds, in particular those in or in relation to third countries;
Amendment 481 #
2018/0248(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d
Article 30 – paragraph 2 – point d
(d) contribution of the programme to the implementation of the relevant Union acquis and action plans and to cooperation and solidarity between Member States in the field of asylum;
Amendment 482 #
2018/0248(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d a (new)
Article 30 – paragraph 2 – point d a (new)
(da) fulfilment of the fundamental rights requirements;
Amendment 485 #
2018/0248(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point h a (new)
Article 30 – paragraph 2 – point h a (new)
(ha) the number of vulnerable persons granted international protection;
Amendment 486 #
2018/0248(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point h a (new)
Article 30 – paragraph 2 – point h a (new)
(h a) the number of vulnerable persons assisted through the programme, including children;
Amendment 491 #
2018/0248(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4, 13, 18, 28 and 31 shall be conferred on the Commission until 31 December 2028.
Amendment 492 #
2018/0248(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The delegation of powers referred to in Articles 4, 13, 18, 28 and 31 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 493 #
2018/0248(COD)
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. A delegated act adopted pursuant to Articles 4, 13, 18, 28 and 31 shall enter into force only if neither the European Parliament nor the Council has expressed an objection within two months of being notified of it or if, before the expiry of that period, they have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 539 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 5
Annex I – point 5
5. For initial allocation the reference figures shall be the latest annual statistical data produced by the Commission (Eurostat) covering the preceding three calendar years on the basis of data provided by Member States on the date of the applicability of this Regulation in accordance with Union law. Data on children in migration should be disaggregated by age and sex, by specific vulnerabilities and by asylum status. For the mid- term review, the reference figures shall be the latest annual statistical data produced by the Commission (Eurostat) covering the preceding three calendar years available at the time of the mid-term review in 2024 on the basis of data provided by Member States in accordance with Union law. Where Member States have not supplied the Commission (Eurostat) with the statistics concerned, they shall provide provisional data as soon as possible.
Amendment 549 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 1 – point d
Annex II – point 1 – point d
(d) enhancing solidarity and cooperation with third countries affected by migratory flows, including through resettlement and other legal avenues towith prioritisation of vulnerable groups such as children and adolescents facing protection risks in the Union as well as partnership and cooperation with third countries for the purpose of managing migration.
Amendment 550 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 1 – point d
Annex II – point 1 – point d
(d) enhancing solidarity and cooperation with third countries affected by migratory flows, including by helping to improve their reception capacities and through resettlement and other legal avenues to protection in the Union as well as partnership and cooperation with third countries for the purpose of managing migration.
Amendment 554 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 2 – point a
Annex II – point 2 – point a
(a) supporting the development and implementation of policies promoting legal migration and the implementation of the Union legal migration acquis, ensuring effective protection of children in migration;
Amendment 571 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 1 – point a
Annex III – point 1 – point a
(a) the establishment and development of national strategies in asylum, legal migration, integration, return and irregular migration;, which include all measures listed in the EC Communication on the Protection of Children in Migration of 12 April 2017 (COM(2017) 211
Amendment 577 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 1 – point c
Annex III – point 1 – point c
(c) the development, monitoring and evaluation of policies and procedures with a specific focus on child safeguarding policies, including on collection and exchange of disaggregated information and data, development and application of common statistical tools, methods and indicators for measuring progress and assessing policy developments;
Amendment 580 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 1 – point e
Annex III – point 1 – point e
(e) assistance and support services consistent with the status and the needs of the person concerned, in particular the vulnerable groups including a timely assignment of guardians to all unaccompanied children;
Amendment 581 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 1 – point e
Annex III – point 1 – point e
(e) assistance and support services consistent with the status and the needs of the person concerned, in particular the vulnerable grouppersons;
Amendment 582 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 1 – point f
Annex III – point 1 – point f
(f) actions aimed at enhancing awareness of asylum, integration, legal migration and return policies with specific attention to vulnerable groups, including children, among stakeholders and the general public;
Amendment 589 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point c
Annex III – point 2 – point c
(c) identifying applicants with special procedural or reception needs; in particular, child applicants by providing them with specialised support immediately upon arrival;
Amendment 590 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point c
Annex III – point 2 – point c
(c) identifying applicants with special procedural or reception needs, particularly vulnerable persons;
Amendment 591 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point c a (new)
Annex III – point 2 – point c a (new)
(ca) care and support for unaccompanied minors as soon as they are identified;
Amendment 593 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point d
Annex III – point 2 – point d
(d) establishing or improving community-based reception accommodation infrastructure, including the possible joint use of such facilities by more than one Member State;
Amendment 595 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point d a (new)
Annex III – point 2 – point d a (new)
(d a) alternative forms of care for unaccompanied children and children with families, in line with international standards and integrated into existing national child protection systems;
Amendment 596 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point e
Annex III – point 2 – point e
(e) enhancing the capacity of Member States to collect, analyse and disseminateshare among themselves country of origin information;
Amendment 600 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point h
Annex III – point 2 – point h
(h) enhancing capacities of third countries to improve the protection of persons in need of protection, including through supporting the development of child protection mechanisms in third countries, by promoting new initiatives to build stronger child protection systems, ensuring that children are protected in all areas from violence, abuses and neglect;
Amendment 601 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point h
Annex III – point 2 – point h
(h) enhancing capacities of third countries to improve the protection of persons in need of protection as well as to develop systems for the protection of children and their access to education and health care;
Amendment 604 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point i
Annex III – point 2 – point i
(i) establishing, developing and improving effective alternatives to detention, in particular in relation to unaccompanied minors and familieschildren and children with families in compliance with the United Nations Convention on the Rights of the Child.
Amendment 622 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 – point g
Annex III – point 3 – point g
Amendment 627 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 – point h
Annex III – point 3 – point h
Amendment 630 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 – point i
Annex III – point 3 – point i
Amendment 632 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 – point j
Annex III – point 3 – point j
Amendment 634 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 – point k
Annex III – point 3 – point k
Amendment 637 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 a (new)
Annex III – point 3 a (new)
3a. Under the specific objective referred to in Article 3(2)(ba), the Fund shall in particular support the following actions: (a) early integration measures such as tailored support in accordance with the needs of third-country nationals and integration programmes focusing on education, language and other training such as civic orientation courses and professional guidance; (b) actions promoting equality in the access and provision of public and private services to third-country nationals, including adapting them to the needs of the target group; (c) cooperation between governmental and non-governmental bodies in an integrated manner, including through coordinated integration-support centres, such as one-stop shops; (d) actions enabling and supporting third- country nationals’ introduction to and active participation in the receiving society and actions promoting their acceptance by the receiving society, particularly by involving diasporas; (e) promoting exchanges and dialogue between third-country nationals, diasporas, the receiving society and public authorities, including through the consultation of third-country nationals, and intercultural and inter-religious dialogue.
Amendment 639 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point a
Annex III – point 4 – point a
(a) infrastructure for reception or detention, including the possible joint use of such facilities by more than one Member State; Detention for children shall be used as a measure of last resort in line with existing EU law, for the shortest time possible and never in prison accommodation;
Amendment 643 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point b
Annex III – point 4 – point b
(b) introduction, development and improvement of effective alternative measures to detention, in particular in relation to unaccompanied minorschildren and families;
Amendment 648 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point e
Annex III – point 4 – point e
(e) preparation of return, including measures leading to the issuing of return decisions, the identification of third- country nationals, best interests assessments of children, the issuing of travel documents and family tracing and family reunification;
Amendment 650 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point g
Annex III – point 4 – point g
(g) return assistance and child rights- based compliant mechanisms, in particular assisted voluntary return and information about assisted voluntary return programmes, including by providing specific guidance for children in returns procedures;
Amendment 654 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point j
Annex III – point 4 – point j
(j) facilities and services in third countries ensuring appropriate temporary accommodation and reception upon arrival, including; Alternative forms of care should be provided for unaccompanied minorschildren and other vulnerable groups in line with international standards, as well as integrated into existing national child protection systems;
Amendment 666 #
2018/0248(COD)
Proposal for a regulation
Annex IV – indent 2
Annex IV – indent 2
– Actions to develop and implement effective alternatives to detention, particularly for minors;
Amendment 670 #
2018/0248(COD)
Proposal for a regulation
Annex IV – indent 4 a (new)
Annex IV – indent 4 a (new)
- Additional commitments regarding resettlement under Regulation xxx/xxx (Union resettlement framework).
Amendment 672 #
2018/0248(COD)
Proposal for a regulation
Annex V – part 1 – point 1
Annex V – part 1 – point 1
1. Number of persons resettled under Regulation xxx/xxx (Union Resettlement Framework) with the support of the Fund.
Amendment 689 #
2018/0248(COD)
Proposal for a regulation
Annex VIII – part 1 – point 6
Annex VIII – part 1 – point 6
6. Number of persons resettled under Regulation xxx/xxx (Union Resettlement Framework) with the support of the Fund.
Amendment 36 #
2018/0230(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) TEasily accessible traineeships and jobs in solidarity- related areas can offer additional opportunities for young people to make a start or carry on, on the labour market while giving a clear European value in contributing to addressing unmet key societal challenges. This can help foster the employability and productivity of young people while easing their transition from education to employment, which is key to enhancing their chances on the labour market. The traineeship activities offered under the European Solidarity Corps follow the quality principles outlined in Council Recommendation on establishing a Quality Framework for Traineeships, always being paid and based in written agreement21. The traineeships and jobs offered can constitute a stepping stone for young people to enter the labour market and are accompanied by adequate post-activity support. The traineeship and job activities are facilitated by relevant labour market actors, in particular public and private employment services, social partners and Chambers of Commerce, and are remunerated by the participating organisation. As participating organisations, they should apply for funding via the competent implementing body of the European Solidarity Corps in view of intermediating between the young participants and employers offering traineeship and job activities in solidarity sectors. __________________ 21 Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships (OJ C 153, 2.5.2018, p. 1).
Amendment 38 #
2018/0230(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Efforts should be made to ensure that traineeships and jobs are opened to talented and competent youth, in particular to young people with fewer opportunities to participate in solidarity- related activities, including those with disabilities, social or cultural disadvantages, migrants and residents in isolated rural areas and the outermost regions of the EU.
Amendment 53 #
2018/0230(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) A quality label should ensure compliance of the participating organisations with the principles and requirements of the European Solidarity Corps, as regards their rights and responsibilities during all stages of the solidarity experience. Obtaining a quality label is a precondition for participation but should not automatically lead to funding under the European Solidarity Corps. Separate quality labels should be put in place for volunteering and for traineeships and jobs, taking into consideration the specific characteristics of each component. The process that leads to attribution of a quality label should not create additional bureaucracy that would dissuade organisations and private businesses from contributions to the European Solidarity Corps.
Amendment 84 #
2018/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘job’ means a solidarity activity for a period from 23 to 12 months, which include a learning and training component, is based on a written agreement and paid by the participating organisation employing the European Solidarity Corps participant;
Amendment 92 #
2018/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘quality label’ means the certification attributed to a participating organisation willing to provide solidarity activities under the European Solidarity Corps, in the role of a host and/or in a support function; Separate quality labels shall be put in place for volunteering and for traineeships and jobs.
Amendment 123 #
2018/0230(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. A traineeship as referred to in Article 4.1, point (b) shall always be paid and be based on a written traineeship agreement in accordance with the applicable regulatory framework of the country where the traineeship takes place, as appropriate, and taking into account the principles of the Quality Framework for Traineeships (2014/C 88/01). Traineeships shall not substitute jobs.
Amendment 68 #
2018/0206(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In view of this wider scope of the ESF+ it is appropriate to foresee that the aims to enhance the effectiveness of inclusive and open labour markets and promote access to quality employment, to improve the access to and the quality of education and training as well as to promote social inclusion and health and to reduce poverty are not only implemented under shared management, but also under direct and indirect management under the Employment and Social Innovation and Health strands for actions required at Union level.
Amendment 79 #
2018/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The ESF+ should aim to promote employment through active interventions enabling (re)integration into thea labour market, notably for youth, the long-term unemployed and, the inactive and migrants, as well as through promoting self– employment and the social economy. The ESF+ should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the Public Employment Services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility. The ESF+ should promote women’s participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and access to childcare. The ESF + should also aim to provide a healthy and well-adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce.
Amendment 80 #
2018/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The ESF+ should aim to promote employment through active interventions enabling (re)integration into the labour market, notably for youth, the long-term unemployed and, the inactive, as well as through promoting self–employment, entrepreneurship and the social economy. The ESF+ should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the Public Employment Services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility. The ESF+ should promote women’s participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and access to childcare and other care services and support. The ESF + should also aim to provide a healthy and well-adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce.
Amendment 118 #
2018/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The ESF+ should support Member States’ efforts at all levels of government, including at local and regional level, to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all, tackling discrimination and addressing health inequalities and homelessness. This implies mobilising a range of policies targeting the most disadvantaged people regardless of their age, including children, persons with disabilities, marginalised communities such as the Roma, and the working poor. The ESF+ should promote the active inclusion of people far from the labour market with a view to ensuring their socio-economic integration. The ESF+ should be also used to enhance timely and equal access to affordable, sustainable and high quality services such as healthcare and long-term care, in particular family and community-based care services. The ESF+ should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility.
Amendment 135 #
2018/0206(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In light of the persistent need to enhance efforts to address the management of the migration flows in the Union as a whole and in order to ensure a coherent, strong and consistent support to the solidarity and responsibility-sharing efforts, the ESF+ should provide support to promote the socio-economic integration of third country nationals complementary to the actions financed under the Asylum and Migration Fund. Member States should allocate adequate resources to local authorities for migrant integration at local level.
Amendment 146 #
2018/0206(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The ESF+ should support policy and system reforms in the fields of employment, social inclusion, healthcare and long-term care, and education and training. In order to strengthen alignment with the European Semester, Member States should allocate an appropriate amount of their resources of the ESF+ strand under shared management to implement relevant country-specific recommendations relating to structural challenges which it is appropriate to address through multiannual investments falling within the scope of the ESF+. The Commission and the Member States should involve local and regional authorities in the process to ensure coherence, coordination and complementarity between the shared- management and Health strands of ESF+ and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. In particular, the Commission and the Member State should ensure, in all stages of the process, effective coordination in order to safeguard the consistency, coherence, complementarity and synergy among sources of funding, including technical assistance thereof.
Amendment 150 #
2018/0206(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure that the social dimension of Europe as set out in the European Pillar of Social Rights is duly put forward and that a minimum amount of resources is targeting those most in need Member States should allocate at least 2530% of their national ESF+ resources of the ESF+ strand under shared management to fostering social inclusion and fighting absolute poverty.
Amendment 188 #
2018/0206(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Efficient and effective implementation of actions supported by the ESF+ depends on good governance and partnership between all actors at the relevant territorial levels and the socio- economic actors, in particular the social partners, and civil society. It is therefore essential that Member States encourage the participation of local and regional authorities, social partners and civil society in the implementation of the ESF+ under shared management.
Amendment 280 #
2018/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The ESF+ aims to support Member States to achieve high employment levels,levels of employment, job creation, quality and inclusive education, equal opportunities for all fair social protection and a skilled and resilient workforce ready for the future world of work, in line with the principles set out in the European Pillar of Social Rights proclaimed by the European Parliament, the Council and the Commission on 17 November 2017.
Amendment 303 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The ESF+ shall support the following specific objectives in the policy areas of employment, education, social inclusion, eradication of poverty and health and thereby also contributing to the policy objective for “A more social Europe - Implementing the European Pillar of Social Rights” set out in Article [4] of the [future CPR]:
Amendment 310 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) improving access to employment of all jobseekers, in particular youth and long- term unemployed, migrants, and of inactive people, promoting self- employment, entrepreneurship and social self-employment initiatives and the social economy;
Amendment 315 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) improving access to decent jobs leading to quality employment of all jobseekers, in particular youth and long- term unemployed, and of inactive people, promoting self-employment and the social economy;
Amendment 330 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iii
Article 4 – paragraph 1 – point iii
(iii) promoting women’s labour market participation, a better work/life balance including access to childcare and other care services and support, a healthy and well–adapted working environment addressing health risks, adaptation of workers, enterprises and entrepreneurs to change, and active and healthy ageing;
Amendment 337 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iv
Article 4 – paragraph 1 – point iv
(iv) improving the quality, effectiveness and labour market relevance of education and training systems, to support acquisition of key competences including digital skills, promote e-inclusion and facilitate the transition from education to work;
Amendment 351 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point vi
Article 4 – paragraph 1 – point vi
(vi) promoting lifelong learning, notably flexible upskilling and reskilling opportunities for all, in formal, non- formal and informal settings, taking into account digital skills, better anticipating change and new skills requirements based on labour market needs, facilitating career transitions and promoting professional mobility and participation in society;
Amendment 361 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point viii
Article 4 – paragraph 1 – point viii
(viii) promoting socio-economic integration of third country nationals, including asylum seekers and migrants and of marginalised communities such as the Roma;
Amendment 371 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point ix
Article 4 – paragraph 1 – point ix
(ix) enhancing the equal and timely access to quality, sustainable, accessible and affordable services; modernising social protection systems, including promoting access to social protection; improving accessibility, effectiveness and resilience of healthcare systems and long-term care services;
Amendment 479 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
Member States having a rate of young people aged 15 to 29 not in employment, education or training above the Union average in 2019 on the basis of Eurostat data, shall allocate at least 105% of their ESF+ resources under shared management for the years 2021 to 2025 to targeted actions and structural reforms to support youth employment and school-to-work transition, pathways to reintegrate into education or training and second chance education, in particular in the context of implementing Youth Guarantee schemes.
Amendment 489 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 3
Article 7 – paragraph 5 – subparagraph 3
Outermost regions meeting the conditions set out in the first and second subparagraphs shall allocate at least 15% of the ESF+ resources under shared management in their programmes to the targeted actions set out in the first subparagraph. This allocation shall be taken into account for verifying compliance with the minimum percentage at national level set out in the first and second subparagraphs. This allocation shall not replace funding necessary for infrastructure and development for outermost regions.
Amendment 592 #
2018/0206(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The delivery of food and/or material assistance mayshall be complemented with re-orientation towards competent services and other accompanying measures aiming at the social inclusion of the most deprived persons.
Amendment 639 #
2018/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point f
Article 23 – paragraph 1 – point f
(f) to support networking at Union level and dialogue with and among relevant stakeholders in the fields referred to in Article 4 and contribute to build up the institutional capacity of these stakeholders, including the public employment services (PES), social security institutions, NGOs, microfinance institutions and institutions providing finance to social enterprises and social economy;
Amendment 63 #
2018/0153(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In light of the increasing demand for intelligence and information to support evidence-based policy making and operational responses, there is a need for immigration liaison officers to ensure that their insight and knowledge contribute fully to the establishment of a comprehensive situational picture on third countries.
Amendment 70 #
2018/0153(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The objective of this Regulation is to ensure better coordination and optimise utilisation of the various areas of expertise of liaison officers deployed to third countries by Member States, the Commission and Union Agencies in order to respond more effectively to the EU priorities of preventing and combatting illegalirregular immigration and, combating related cross- border criminality such as smuggling of migrants and trafficking in human beings, facilitating return, readmission and reintegration activities, contributing to integrated management of the Union's external borders, as well asnd supporting management of legal immigration, including in the area of international protection, resettlement and pre-departure integration measures undertaken by Member States and the Union.
Amendment 72 #
2018/0153(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Building on Council Regulation (EC) No 377/2004, this Regulation aims to ensure that immigration liaison officers better contribute to the functioning of a European network of immigration liaison officers primarily by establishing a mechanism through which Member States, the Commission and Union Agencies can more systematically coordinate tasks and roles of their liaison officers.
Amendment 84 #
2018/0153(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Member States authorities should ensure that strategic and operational analytical products of the Union Agencies in relation to illegalrregular immigration, return, cross-border criminality or international protection and resettlement effectively reach immigration liaison officers in third countries and that the information provided by immigration liaison officers is shared with the relevant Union Agencies – in particular the European Border and Coast Guard Agency, Europol and the European Union Asylum Agency within the scope of their respective legal frameworks.
Amendment 96 #
2018/0153(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with Directive 2008/115/EC of the European Parliament and of the Council23, is an essential component of the comprehensive efforts to tackle illegal immigration and represents an important reason of substantial public interestprevent irregular immigration. _________________ 23 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, (OJ L 348, 24.12.2008, p. 98).
Amendment 105 #
2018/0153(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Since the objectives of this Regulation, which are to optimise utilisation of the different skills of immigration liaison officers deployed by Member States, Commission and EU Agencies to third countries in order to more effectively implement Union priorities regarding preventing and combatting illegalirregular immigration, facilitating return, readmission and reintegration, contributing to integrated management of Union’s external borders, as well asnd supporting management of legal immigration or international protection schemes, cannot be sufficiently achieved by the Member States alone but are better achieved through coordination at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 115 #
2018/0153(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) a representative of one of the Member States, deployed abroad by the immigration service , law enforcement or other competent authorities in order to establish and maintain contacts with the authorities of a third country with a view to contributing to the prevention and combating of illegal immigration, the return of illegally staying third-country nationals and the management of legal immigration ;deleted
Amendment 135 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
(f) ways and means to assist the authorities in third countries in preventing illegalrregular immigration flows originating from or transiting through their territories;
Amendment 151 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. Immigration liaison officers may render assistance, within the limits of their expertise and training, in:
Amendment 155 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 4 – point b
Article 3 – paragraph 4 – point b
(b) confirming identity and facilitating the resettlement of persons in need of international protection, particularly vulnerable groups such as non- accompanied children, in the Union;
Amendment 168 #
2018/0153(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) organise information sessions and training courses for members of the diplomatic and consular staff of the missions of the Member States in the third country, when appropriate;, including awareness raising on the protection of persons in vulnerable situations, especially children and unaccompanied minors.
Amendment 174 #
2018/0153(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States may also agree that their immigration liaison officers shall share certain tasks among each other, on the basis of their liason officers' expertise and specialist training.
Amendment 187 #
2018/0153(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) support the development of capability of immigration liaison officers, including through developing common core curricula, in cooperation with the European Union Agency for Asylum and the European Border and Coast Guard Agency so as to avoid any duplication with training provided by these agencies, providing pre-deployment training and the organisation ofing joint seminars on subjects as referred to in Article 3(2);
Amendment 44 #
2018/0105(COD)
Proposal for a directive
Recital 2
Recital 2
(2) In order to enhance security, combat money laundering and prevent tax evasion in the Member States and across the Union, it is necessary to improve access to information by Financial Intelligence Units and public authorities responsible for the prevention, detection, investigation or prosecution of serious forms of crimes, to enhance their ability to conduct financial investigations and to improve cooperation between them.
Amendment 46 #
2018/0105(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Financial fraud and money laundering affect the European tax payers. Combating those crimes, therefore, remains a vital priority for the EU.
Amendment 55 #
2018/0105(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The perpetrators of criminal offences, in particularsuch as financial fraud and money laundering, are often criminal groups and terrorists, often organisations, who operate across different Member States and their assets, including bank accounts, are often located in other Member States. Given the cross-border dimension of serious crimes, including terrorism, and of the related financial activities, it is often necessary for competent authorities carrying out criminal investigations to access information on bank accounts held in other Member States.
Amendment 59 #
2018/0105(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Directive (EU) 2015/849 has substantially enhanced the Union legal framework that governs the activity and cooperation of Financial Intelligence Units, including the possibility of establishing a coordination and support mechanism. The powers of Financial Intelligence Units include the right to access the financial, administrative and law enforcement information that they require to prevent, detect and combat money laundering, the associated predicate offences and terrorist financing. Nevertheless, Union law does not lay down all specific tools and mechanisms that Financial Intelligence Units must have at their disposal in order to access such information and accomplish their tasks. Since Member States remain entirely responsible for the setting up and deciding the organisational nature of Financial Intelligence Units, different Financial Intelligence Units have varying degrees of access to regulatory databases which leads to an insufficient exchange of information between law enforcement or prosecution services and Financial Intelligence Units.
Amendment 95 #
2018/0105(COD)
Proposal for a directive
Recital 25
Recital 25
(25) PAny personal data obtained under this Directive should only be processed in accordance with Directive (EU) 2016/680 and Regulation (EU) 2016/679 by competent authorities where it is necessary and proportionate for the purposes of prevention, detection, investigation or prosecution of serious crime.
Amendment 102 #
2018/0105(COD)
Proposal for a directive
Recital 29
Recital 29
(29) This Directive aims at ensuring that rules are adopted to provide Union citizens with a higher level of security by preventing and combating crime, pursuant to Article 67 of the Treaty on the Functioning of the European Union. Due to their transnational nature, the terrorist and criminal threatcross border organised crimes affect the Union as a whole and require a Union wide response. Criminals may exploit, and will benefit from, the lack of an efficient use of bank account information and financial information in a Member State, which can have consequences in another Member State. Since the objective of this Directive cannot be sufficiently achieved by the Member States, but can rather be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective.
Amendment 110 #
2018/0105(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. Any personal data processing under this Directive shall be subject to Directive (EU) 2016/680 and to Regulation (EU) 2016/679 in their respective scope of application, and any personal data obtained under this Directive shall only be processed by designated competent authorities and FIUs where it is necessary and proportionate for the purposes pursued by this Directive.
Amendment 162 #
2018/0105(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Each Member State shall ensure that its Financial Intelligence Unit is enabentitled to exchange financial information or financial analysis with any Financial Intelligence Unit in the Union where that financial information or financial analysis is necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 179 #
2018/0105(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Amendment 185 #
2018/0105(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 191 #
2018/0105(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 194 #
2018/0105(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a Article 10 a Exchange of information between Europol and Financial Intelligence Units 1. Each Member State shall ensure that its Financial Intelligence Unit is entitled to reply to duly justified requests made by Europol through the Europol National Unit related to financial information and financial analysis already in its possession on a case-by-case basis within the limits of Europol’s responsibilities and for the performance of its tasks. 2. Where there are objective grounds for assuming that the provision of financial information or financial analysis would have a negative impact on ongoing investigations or analysis, or, in exceptional circumstances, where disclosure of the financial information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purpose for which it was requested, the Financial Intelligence Unit shall be under no obligation to comply with the request for information in line with the Europol regulation. 3. Europol shall provide feedback to the Financial Intelligence Unit about the use made of the financial information or financial analysis provided in accordance with this Article and about the outcome of the investigations or inspections performed on the basis of that information or analysis in line with Regulation(EU)2016/794.
Amendment 203 #
2018/0105(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The processing of sensitive personal information revealing a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation may only be allowed to the extent that it is strictly necessary and relevant in a specific case and subject to appropriate safeguards for the rights and freedoms of the data subject.
Amendment 32 #
2018/0103(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The distinction between a professional user, to which restricted explosives precursors can be made available and a member of the general public, to which they cannot, depends on whether the person intends to use that explosives precursor for purposes connected to their specific trade, craft or professionfarming or professional activities. Economic operators should therefore not make available a restricted explosives precursor to a natural or legal person that is professionally active in an area where that specific restricted explosives precursor does not tend to be used for professional purposes.
Amendment 33 #
2018/0103(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The obligations of this Regulation should apply also to companies that operate online, including online marketplaces. Therefore, online economic operators should also train their staff and have in place appropriate procedures to detect suspicious transactions. Furthermore, they should not make available restricted explosives precursors to a member of the general public in Member States other than those that maintain or establish a licensing regime in line with this Regulation and only after verifying that that member of the general public has a licence. After having verified the identity of the prospective customer interested in buying a restricted explosive precursor, for instance through mechanisms referred to in Regulation (EU) No 910/2014 of the European Parliament and of the Council33 , the economic operator should verify that a licence has been issued for the intended transaction, for instance through a physical inspection of the licence at the time of delivery or, with the consent of the prospective customer, by contacting the competent authority of Member States that enable to be consulted on the licenses they have issued. Companies operating online should also, like those operating offline, request end-use declarations of professional users. _________________ 33 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 35 #
2018/0103(COD)
(12) Insofar as online marketplaces act as mere intermediaries between economic operators on the one hand, and members of the general public, professional users or farmers on the other hand, they should not be required to instruct their personnel involved in the sale of restricted explosives precursors or verify the identity and, where appropriate, the licence of the prospective customer or request other information from the prospective customer. However, given the central role which online marketplaces that act as an intermediary play in online economic transactions, including as regards the sales of restricgulated explosives precursors, it is appropriate that they should inform, in a clear and effective manner, users who aim to make available restricgulated explosives precursors through the use of their services of their obligations under this Regulation. In addition, it is appropriate that online marketplaces that act as an intermediary take measures to help ensure that their users comply with their obligations regarding verification, for instance by offering tools to facilitate verification of licences. All such obligations on online marketplaces that act as an intermediary under this Regulation should be without prejudice to Articles 14 and 15 of Directive 2000/31/EC of the European Parliament and of the Council34. _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on ceWhat is more, they should be subject to the same detection and reportain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.07.2000, p. 1)g obligations as economic operators with respect to suspicious transactions.
Amendment 41 #
2018/0103(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) ‘suspicious transaction’ means any transaction for which there are reasonable grounds, after taking account of all relevant factors, to suspect that the substance or mixture is intended for the illicit manufacture of explosives;
Amendment 42 #
2018/0103(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘member of the general public’ means any natural or legal person who has a need for a restricted explosives precursor for purposes that are not connected with their trade, business, craft or professionfarming or professional activities;
Amendment 43 #
2018/0103(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) 'professional user' means any natural or legal person who has a demonstrable need for a restricted explosives precursor for purposes connected with their trade, business, craft or professionfarming or professional activities which exclude making that restricted explosives precursor available to another person.
Amendment 46 #
2018/0103(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘economic operator’ means any natural or legal person or public entity or group of such persons and/or bodies which deliversmakes available regulated explosives precursors or services related to regulated explosives precursors, on the market, either off- or online and including online marketplaces;
Amendment 48 #
2018/0103(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 51 #
2018/0103(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. An economic operator who makes available a restricgulated explosives precursor to another economic operator shall inform that economic operator that the acquisition, possession or use of that restricgulated explosives precursor by members of the general public is subject to a restriction as set out in Article 5(1) and (3) and to the reporting obligations set out in Article 9.
Amendment 54 #
2018/0103(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. An online marketplace that acts as an intermediary shall take measures to ensure that its users, when making available restricgulated explosives precursors through its services, are informed of their obligations pursuant to this Regulation.
Amendment 56 #
2018/0103(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. For the purpose of verifying that a prospective customer interested in buying a restricted explosives precursor is a professional user or a farmer, an economic operator who makes available a restricted explosives precursor to a professional user or a farmer shall for each transaction request the following:
Amendment 63 #
2018/0103(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
For the purpose of detecting and preventing the illicit manufacture of explosives, economic operators and online marketplaces that act as an intermediary shall report transactions concerning regulated explosives precursors, including transactions involving professional users, where there are reasonable grounds for suspecting that the substance or mixture is intended for the illicit manufacture of explosives.
Amendment 67 #
2018/0103(COD)
Economic operators and online marketplaces that act as an intermediary shall report such suspicious transactions after having regard to all the circumstances and in particular where the prospective customer displays one or more of the following:
Amendment 68 #
2018/0103(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 a (new)
Article 9 – paragraph 1 – subparagraph 2 a (new)
Economic operators and online markets that act as an intermediary shall communicate to the national contact points all relevant details which have led them to consider a transaction suspicious.
Amendment 70 #
2018/0103(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Economic operators, other th and online marketplaces that act as an intermediary, shall have in place procedures in place to detect suspicious transactions, targeted to the environment in which the regulated explosives precursors are offered.
Amendment 71 #
2018/0103(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Economic operators and online marketplaces that act as an intermediary may refuse the suspicious transaction and shall report the suspicious transaction or attempted transaction within 24 hoursas quickly as possible, including if possible the identity of the customer, to the national contact point of the Member State where the suspicious transaction was concluded or attempted.
Amendment 75 #
2018/0103(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. With a view to facilitating cooperation and ensuring that all stakeholders effectively implement this Regulation, Member States shall organise regular exchanges between law enforcement agencies, national supervisory authorities, economic operators, online markets that act as an intermediary and representatives of the professional sectors that use regulated explosives precursors.
Amendment 76 #
2018/0103(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(da) information on how to recognise and report suspicious transactions;
Amendment 77 #
2018/0103(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d b (new)
Article 12 – paragraph 1 – point d b (new)
(db) information on storage arrangements which ensure that a regulated explosives precursor is safely stored;
Amendment 80 #
2018/0103(COD)
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. The national contact point of the Member State restricting or prohibiting substances in accordance with paragraph 1, 2 or 3 shall inform the economic operators and online marketplaces that act as intermediary thereof.
Amendment 81 #
2018/0103(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Without prejudice to paragraph 5, the Commission may, after consulting the Member State and, if appropriate, third parties, decide that the measure taken by the Member State is not justified and request the Member State to withdraw it. The national contact point of the Member State concerned shall inform economic operators and the online markets that act as an intermediary of that decision.
Amendment 88 #
2018/0103(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
No sooner than [sixfour years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall be conducted according to the Commission's better regulation Guidelines.
Amendment 93 #
2018/0103(COD)
Substances which shall not be made available to, or introduced, possessed or used by, members of the general public on their own, or in mixtures or substances including them, except if the concentration is equal to or lower than the limit values set out in column 2, and for which suspicious transactions shall be reported as quickly as possible.
Amendment 94 #
2018/0103(COD)
Proposal for a regulation
Annex II – paragraph 1
Annex II – paragraph 1
Substances on their own or in mixtures for which suspicious transactions shall be reported as quickly as possible.
Amendment 2 #
2017/2275(INI)
Draft opinion
Recital A
Recital A
A. whereas forced marriage and early marriage, that is to say ‘marriage entered into without the free and valid consent of one or both spouses, or before the age of 18’1a, is a violation of the human rights enshrined in international conventions, and which form part of the core principles embodied in the European Union as an area of security, freedom, and justice; __________________ 1a United Nations Convention of 7 November 1962 on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages. Resolution 1468 (2005) of the Parliamentary Assembly of the Council of Europe on forced marriages and child marriages.
Amendment 7 #
2017/2275(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas, given that a minor aged under 18 cannot validly consent to marriage, child marriages must be regarded as forced marriages; whereas it is regrettable, therefore, that 144 out of 193 countries have no law banning child marriages;
Amendment 10 #
2017/2275(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas according to UN estimates almost 700 million women and 150 million men are in forced marriages which were contracted before they reached majority;
Amendment 13 #
2017/2275(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas early marriages and forced marriages in themselves constitute an obstacle to development, and whereas the fact that such marriages continue to be arranged has held back efforts to achieve goals 1 to 6 of the Millennium Development Goals, in particular in the areas of gender equality and the empowerment of women and girls, poverty reduction, education, maternal and child mortality and health, including sexual and reproductive health3a; __________________ 3aResolution of the General Assembly of the United Nations of 21 November 2014 on the abolition of forced marriage.
Amendment 42 #
2017/2275(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Condemns forced marriage, early marriage and the constraints – in whatever form – imposed on teenage girls and girl children in Europe and the rest of the world, since practices of this kind constitute a serious violation of human rights and, if the victim is under 18, abuse of a minor;
Amendment 44 #
2017/2275(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that Article 37 of the Council of Europe’s 2011 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) stipulates that the State Parties must criminalise ‘the intentional conduct of forcing an adult or a child to enter into a marriage’; deplores the fact, therefore, that only 12 EU Member States have criminalised forced marriage; 2 a __________________ 2a Psaila et al. Forced marriage from a gender perspective. Directorate General for Internal Policies. European Parliament. 2016. http://www.europarl. europa.eu/RegData/etudes/STUD/2016/55 6926/IPOL_STU%282016%29556926_E N.pdf
Amendment 62 #
2017/2275(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on those Member States which have not yet done so to criminalise forced and early marriages;
Amendment 80 #
2017/2275(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the introduction, as part of the Schengen Information System, of a new alert which can be used to protect children at risk of forced marriage;
Amendment 51 #
2017/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. NotWelcomes the effectiveness of the measures taken at the external borders and the creation of the European Border and Coast Guard Agency; notes the efforts of the Agency in implementing the new regulation, especially through joint operations in the field of border surveillance and return, and by supporting the Member States particularly affected by migratory pressure; sees the importance of the newly introduced vulnerability assessment mechanism in uncovering weaknesses at the common external borders and preventing crises; emphasises the concerted efforts and cooperation between agencies and other stakeholders in organising the ‘Hotspot’ approach;
Amendment 55 #
2017/2256(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. NotWelcomes the steps taken through the amendment of the Schengen Borders Code and introduction of mandatory systematic register checks at entry and exit points for third-country nationals and for EU nationals, while remaining vigilant about the effects these requirements have on the border crossings of EU nationals;
Amendment 82 #
2017/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the ongoing reform of the SIS and the establishment of other large-scale information systems, such as SEA, ECRIS-TCN and ETIAS, as well as the objective of improving their interoperability while preserving the necessary safeguards, namely with regard to data protection and privacy;
Amendment 85 #
2017/2256(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that the work on proposals for interoperablity of information systems should be taken as an opportunity to improve and partially harmonise national IT systems and national infrastructure at border crossing points;
Amendment 90 #
2017/2256(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. NotWelcomes the work done in the field of cross-border police and judicial cooperation and cooperation between law enforcement cooperationagencies, and the work of Eurojust and EUROPOL, in particular the European Counter Terrorism Centre (ECTC) and the European Migrant Smuggling Centre, to counter organised crime, trafficking in human beings and terrorism through intelligence, information exchange and joint investigations;
Amendment 99 #
2017/2256(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s efforts to elaborate the European Integrated Border Management (IBM) concept and strategy on the basis of the provisions in the European Border and Coast Guard Regulation;
Amendment 146 #
2017/2256(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expresses concern about the lack of implementation in some areas of the regulation governing certain fields of external border control, such as the systematic consultation of databases during border checks and the thorough checking of the required entry conditions; is also concerned about the occasional unavailability of certain databases such as the SIS and the VIS at certain border crossing points; notes that clear non- compliance in establishing National Coordination Centres in accordance with the European Border Surveillance System Regulation (EUROSUR) is prevalent in many Member States;
Amendment 194 #
2017/2256(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses the need to improve the security of identity cards provided by the Member States to EU citizens; calls on the Commission to propose standards for the security and biometric features incorporated in identity cards, as is already the case with passports;
Amendment 201 #
2017/2256(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Member States to boost the cooperation and the exchange of information between their intelligence services; in the short term, would like to see the creation of a European intelligence service.
Amendment 202 #
2017/2256(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to ensure swift return procedures, under humane and dignified conditions, once a return decision has been issued; calls on the Member States to use the opportunity offered by Directive 2001/40/EC to acknowledge and implement a return decision taken by another Member State rather than making a new return decision or sending an irregular migrant back to the first issuing Member State; calls on the Member States to take specific steps to ensure adequate infrastructure, accommodation and living conditions for arriving asylum seekers, especially taking into consideration the needs of unaccompanied minors and families with minors; calls on the Member States to bring their detention facilities into line with the requirements so as to meet capacity demand, and to increase the use of alternative measures to detention;
Amendment 238 #
2017/2256(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Commission to adopt a legislative proposal to include, in a common European repository, documents for long-stay visas, residence permits and permits allowing passage to a border in order to facilitate controls at external borders and improve the authentication of documents;
Amendment 240 #
2017/2256(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Welcomes the implementation of the ADEP pilot project, which aims to establish a system with an index enabling the user to know if an individual appears in the police register in one or more Member States, and calls on the Commission to adopt a legislative proposal to set up a European Police Record Index System;
Amendment 243 #
2017/2256(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses the importance of reforming and adapting the SIS to face new challenges swiftly, namely regarding the protection of missing children who are at risk or missing, the immediate, obligatory exchange of information on terrorism and the mandatory exchange of information on return decisions; highlights the anticipated substantial increase in the activity of the Supplementary Information Request at the National Entry (SIRENE) Bureau and calls on Member States to reinforce the means at its disposal by ensuring that it has adequate financial and human resources to carry out its new functions;
Amendment 12 #
2017/2131(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU) and whereas those values, which are common to the Member States and are values to which all Member States have freely subscribed, constitute the foundation of the rights enjoyed by those living in the Union;
Amendment 13 #
2017/2131(INL)
Motion for a resolution
Recital B
Recital B
B. whereas any clear risk of a serious breach by a Member State of the values enshrined in Article 2 TEU does not concern solely the individual Member State where the risk materialises but has an impact on the other Member States, mutual trust between them and on the very nature of the Union and its citizens’ rights;
Amendment 16 #
2017/2131(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Article 7 , paragraph 1, TEU constitutes a preventive phase endowing the Union with the capacity to intervene in the event of a clear risk of a serious breach of common values; whereas such preventive action provides for a dialogue with the Member State concerned and is intended to avoid possible sanctions;
Amendment 34 #
2017/2131(INL)
Motion for a resolution
Annex I – point 1 a (new)
Annex I – point 1 a (new)
(1a) According to Article 49 TEU, accession to the Union requires respect for and the promotion of the values referred to in Article 2. The accession of Hungary was a voluntary act based on national sovereignty, with a broad consensus across the Hungarian political spectrum.
Amendment 36 #
2017/2131(INL)
Motion for a resolution
Annex I – point 4
Annex I – point 4
(4) In its resolution of 17 May 2017 on the situation in Hungary, the European Parliament stated that the current situation in Hungary represents a clear risk of a serious breach of the values referred to in Article 2 TEU. and justified the triggering of the procedure provided for in Article 7, paragraph 1, TEU;
Amendment 37 #
2017/2131(INL)
Motion for a resolution
Annex I – point 5
Annex I – point 5
(5) A wide range of actors at the national, European and international level, have repeatedly expressed their deep concerns about the situation of democracy, the rule of law and fundamental rights in Hungary, includingIn its 2003 Communication on Article 7 of the Treaty on European Union1 a, the Commission cites the reports of international organisations and NGOs as sources of information enabling respect for common values to be monitored. In this regard, the Commission cites the United Nations Commission on Human Rights, the Council of Europe Commissioner for Human Rights, the OSCE and the NGOs Amnesty International, Human Rights Watch and the International Federation for Human Rights. These bodies and NGOs and also the EU institutions and bodies of the Union, the Council of Europe, the Organisation for Security and Co-operation in Europe (OSCE), the United Nations (UN), as well as numerous civil society organisations.are among the players at the national, European and international level which have repeatedly expressed their deep concerns about the situation of democracy, the rule of law and fundamental rights in Hungary. __________________ 1a COM(2003) 606
Amendment 59 #
2017/2131(INL)
Motion for a resolution
Annex I – point 10
Annex I – point 10
(10) In recent years the Hungarian Government has extensively used national consultations, including one on migration and terrorism launched in May 2015. On 27 April 2017, the Commission pointed out that the national consultation “Let’s stop Brussels” contained several claims and allegations which were factually incorrect or highly misleading. Nevertheless, the Hungarian Government subsequently continued to have recourse to similar consultations.
Amendment 93 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20 a (new)
Annex I – point 20 a (new)
(20a) According to the anti-corruption report published by the Commission in 20141 b, corruption is perceived as widespread (89%) in Hungary. According to the 2017 Corruption Perceptions Index published by Transparency International, Hungary has lost 10 points in six years, making it one of the lowest ranked states in the European Union. Hungary is one of the greatest recipients of EU funds and more than half of public investment comes from EU funds. Hungary, however, has refused to participate in the European Public Prosecutor's Office set up to combat infringements affecting the Union budget. __________________ 1b COM(2014) 38
Amendment 60 #
2017/2125(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the basis for European integration is the upholding and promotion of human rights, fundamental freedoms, democracy, the rule of law and the values and principles enshrined in the European treaties and international human rights instruments;
Amendment 76 #
2017/2125(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the values referred to in Article 2 are shared by all the Member States and by virtue of Article 49 TEU, candidate States should not only uphold these values but also actively promote them; whereas the obligation to uphold and promote these values still applies after a State’s accession;
Amendment 81 #
2017/2125(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the Union is a law-based community within which the principles of democracy, the rule of law and fundamental rights should be continually consolidated and whereas any attempt to undermine these principles is to the detriment not only of the Member State concerned but also of the Union as a whole;
Amendment 83 #
2017/2125(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas in its conclusions of 16 October 2017, the Council reaffirmed its commitment to the promotion of human rights and democratic principles; whereas the Union promotes the rule of law and fundamental rights in its foreign policy – particularly regarding candidate countries – and whereas the coherence and credibility of its actions require the thorough monitoring of the rule of law and fundamental rights within the Union itself;
Amendment 90 #
2017/2125(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in the 2017 State of the Union address, President Juncker stressed the importance of respecting European values and recalled that the independence of national courts is a pillar of the rule of law; whereas he also pointed out that the Member States had given final jurisdiction to the Court of Justice of the European Union and that its judgements should be respected by all;
Amendment 110 #
2017/2125(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the influx of migrants into Europe is continuing; whereas many of these migrants place their lives in the hands of traffickers and criminals; whereas , according to UNHCR data, 27% of the migrants arriving in Europe via the Mediterranean are children; whereas , according to the IOM, 23% of these children stated that theyUNICEF-IOM report “Harrowing Journeys”, about a quarter of the adolescents surveyed on the Central Mediterranean Route had never been to school;
Amendment 116 #
2017/2125(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas women and children are at higher risk of being trafficked, exploited and sexually abused at the hands of the traffickers and therefore the need for Member States to build and strengthen child protection systems to prevent and respond to violence, abuse, neglect and exploitation of children, in line with the commitments of the Valletta Action Plan
Amendment 140 #
2017/2125(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the ongoing wave of terrorist attacks across the EU has fuelled widespread mistrust of Muslim migrants, and whereas certain political parties are exploiting this mistrust and employing the rhetoric of cultural isolationism and hatred of those who are different, which goes against EU values;
Amendment 155 #
2017/2125(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the political measures taken by a number of Member States in response to the ongoing influx of migrants include the reintroduction of internal border controls in the Schengen area, a step which is increasingly seen as permanent rather than just temporary and which is incompatible with EU integration;
Amendment 178 #
2017/2125(INI)
Motion for a resolution
Recital J
Recital J
J. whereas there is a risk that the increased levels of hatred, xenophobia and Afrophobia, whether expressed in the form of hate crimes, anonymous messages spread on social networks, including anonymous messages, protests or political propaganda, willare comeing to be seen as normal in the Member States;
Amendment 190 #
2017/2125(INI)
Motion for a resolution
Recital K
Recital K
K. whereas , as the Council of Europe has stated, the phenomenon of online hate speech requires further analysis and action with a view to regulating and finding new ways of combating rhetoric of this kind; whereas child sexual abuse and exploitation online is an evolving phenomenon and new forms of crime, such as revenge pornography, have arisen on the Internet and need to be addressed with concrete measures by the Member States;
Amendment 205 #
Amendment 209 #
2017/2125(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Asserts that neither national sovereignty nor subsidiarity can justify or legitimise the systematic refusal on the part of a Member State to comply with the principles of governance which inspired the introductory articles of the European Treaties which every Member State has willingly endorsed and committed themselves to respect;
Amendment 211 #
2017/2125(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the EU’s shared values constitute the foundations of European integration and underpin its legitimacy; takes the view, therefore, that, even during periods marked by a wave of challenges affecting the Union, it should be able to ensure that all the Member States continue to uphold these values;
Amendment 214 #
2017/2125(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that compliance with the Copenhagen Criteria by the States at the time of their accession to the EU is not an irreversible achievement and that constant monitoring and dialogue are necessary; recognises in this respect the great responsibility incumbent on the Commission as guardian of the Treaties, on the European Parliament as the directly elected assembly representing EU citizens, and on the Council within which all the Member States should be able to discuss matters on equal terms;
Amendment 215 #
2017/2125(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recalls that Article 17(1) TEU assigns the Commission the role of guardian of the Treaties and, accordingly, it has the validity and authority to ensure that all the Member States are upholding the principles of the rule of law and the other values referred to in Article 2 TEU; considers, therefore, that the measures taken by the Commission to carry out the task and to ensure that the conditions which existed before a Member State’s accession are still being fulfilled, do not violate the sovereignty of the Member States;
Amendment 217 #
2017/2125(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Recalls the responsibility of the Council itself to be involved in matters of rule of law and governance; welcomes the idea of holding regular talks on the rule of law within the General Affairs Council and the readiness of a number of Member States to undertake initiatives to strengthen discussions on the rule of law and to address the matter in a constructive way; calls on the Council to continue down this path so that every Member State is subjected to regular evaluation;
Amendment 219 #
2017/2125(INI)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Considers that the abuses observed in certain Member States over several years are serious violations of the values referred to in Article 2 TEU; takes the view that the lack of results achieved from trying to address those situations undermines the EU’s credibility in the eyes of the other Member States, candidate countries and the rest of the international community; is concerned that the impunity for the observed abuses encourages other Member States to go down the same path; worries about the risk of certain Member States forming a coalition to block any EU attempt to tackle the issues in the Member States concerned; considers that the unanimity rule makes it impossible to impose any sanctions and that the impossibility of using sanctions after all channels for dialogue have been exhausted compromises the effectiveness of any preventive measures taken by the EU in this area;
Amendment 221 #
2017/2125(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the Commission’s efforts to ensure that all Member States fully uphold the rule of law, but also the ineffectiveness of the instruments used thus far; insists that Article 7 of the TEU should no longer be regarded merely as a hypothetical tool, but should be employed if all other remedies have failed; and welcomes its intention to keep dialogue and exchanges with the Member States active and alive, but notes nonetheless the ineffectiveness of the instruments used thus far; considers that all channels of dialogue should be explored but that, without tangible results, they should not be prolonged indefinitely once it is clear that the heads of the Member States concerned are not interested in addressing the situation; insists that Article 7 of the TEU should no longer be regarded merely as a hypothetical tool, but should be employed if all other remedies have failed; recalls in that regard that the activation of Article 7 does not automatically mean that sanctions will be imposed on the Member State concerned; stresses that the first phase of activation involves, first and foremost, dialogue between the Council and the Member State concerned given that the latter has the right to be heard by the Council and can receive recommendations; recalls that this ‘preventive’ phase was created specifically to give the EU the ability to act swiftly to avoid resorting to sanctions;
Amendment 225 #
2017/2125(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that the required unanimity and the imprecise nature of the possible sanctions referred to in Article 7 TEU contribute to the hypothetical character of the Article; considers that the question of sanctions should be discussed formally within and between the institutions;
Amendment 229 #
2017/2125(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. StressesConsiders that the differences of interpretation and the non-compliance with the values referred to in Article 2 TEU pose a considerable risk to the cohesion of the European project, the rights of all Europeans and the mutual confidence needed between the Member States; stresses therefore that the EU needs a common approach to governance, which does not yet exist, and which must be developed by pooling experiences of European governance and by EU citizens and their leaders adopting it;
Amendment 234 #
2017/2125(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that this common approach to governance should include a common understanding of the role of the majority within a democracy to prevent abuses which could lead to a tyranny of the majority; takes the view that in a healthy democracy parliamentary debate and procedures are always respected and voices from civil society and the opposition are always listened to;
Amendment 235 #
2017/2125(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 236 #
2017/2125(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Notes the proposals made by Commissioner Jourová during her speech of 31 October 2017 which focused on the instruments needed to improve compliance with the rule of law within the EU; notes in particular the idea of creating stronger conditionality between the rule of law and the Cohesion Fund; considers it timely for the matter to be discussed by the institutions;
Amendment 237 #
2017/2125(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Notes the Rule of Law Checklist adopted by the Venice Commission as endorsed by the Committee of Ministers and the Parliamentary Assembly of the Council of Europe; considers that the six- criterion list should be a practical and objective tool for monitoring compliance with the rule of law;
Amendment 238 #
2017/2125(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Recalls the intrinsic link that exists between the rule of law and fundamental rights; notes the strong mobilisations of EU citizens through which they show their strong commitment to fundamental rights and European values; considers that EU citizens’ confidence in the European project will largely depend on the ability of the EU institutions to act as spokesperson for all EU citizens in that area and to become guarantor of those values;
Amendment 239 #
2017/2125(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Recalls the need to make all Europeans more aware of the EU’s common values and the Charter on which their rights are based and of the impact that going against these values would have on their daily lives;
Amendment 241 #
2017/2125(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. PStresses the importance of monitoring the situation in every Member State, as recognised by the Commission in its 2003 communication1a; points out that in its resolution of 25 October 20161 it recommends the establishment of a European mechanism for democracy, the rule of law and fundamental rights; points out that this mechanism would be central to the coordinated European approach to governance which is currently lacking; _________________ 1Texts Adopted for that date, P8_TA(2016)0409.a Communication (2003)606 on Article 7 of the Treaty on European Union. Respect for and promotion of the values on which the European Union is based
Amendment 295 #
2017/2125(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the view, therefore, that a clear distinction should be drawn between migrants who can legitimately claim refugee status and those who cannot; calls for migrants to be identified and for their requests for entry into the EU to be processed before they come;
Amendment 306 #
2017/2125(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly condemns the upsurge in the trafficking of human beings in Africa and towards Europe, the perpetrators of which – including official and governmental players – should be made to feel the full force of the law; recalls that children make up almost a third of asylum seekers and are particularly vulnerable; calls on the EU and on its Member States to step up their efforts to prevent unaccompanied minors from going missing and to stop them from falling into the hands of criminal networks;
Amendment 307 #
2017/2125(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly condemns the upsurge in the trafficking of human beings in Africa and towards Europe, the perpetrators of which – including official and governmental players – should be made to feel the full force of the lawheld accountable, brought to justice and convicted; Calls for zero tolerance against smugglers and traffickers of human beings; calls on all Member States to adopt child friendly procedures to facilitate the granting of residency permits for victims of trafficking in accordance with the Anti-Trafficking Directive;
Amendment 315 #
2017/2125(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that the number of refugees in the world is ever growing, calls on the EU and the Member States to strengthen the legal channels for refugees and, in particular, to increase the number of reinstallation places offered to the most vulnerable refugees;
Amendment 321 #
2017/2125(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that the existing legal channels should be available for migration, including from Africa, but not for all the men and women hoping to come to Europe; takes the view that the best way to protect the rights of persons who cannot legally enter Europe would be to bring about the rapid and robust development of Africa, which Eurfor migration should be fully enforced by Member States, including for persons coming from Africa in accordance with the criteria set by the EU migration law; takes the view that in order to address the root causes of illegal migrants the EU and its Member States should step up their involvement on the African continent by promoting economic and human development, strengthening resilience of vulnerable people could promote by stepping up its involvement on the African continentand address fragility, with particular attention to the protection and empowerment of women, children and youth;
Amendment 331 #
2017/2125(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that the return policy should fully comply with migrants’ fundamental rights including the right of non-refoulement; considers that the necessary attention should be given to the dignity of individuals being returned and asks, in this regard, that voluntary returns and assistance for reintegration into the societies of origin are strengthened;
Amendment 340 #
2017/2125(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the imperative need for persons of Islamic faith and culture, including those who have already been living here for a long time, to be integrated as effectively as possible into European society; stresses that integration of this kind will be the best way to tackle Islamic radicalisation in Europewelcomes the launch of the European Integration network, calls on the EU to step up and promote the exchange of best practices between Member States regarding the integration of migrants and to increase the involvement of migrants and civil society in the exchanges;
Amendment 342 #
2017/2125(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the imperative need for persons of Islamic faith and culture, including those who have already been living here for a long time, to be integrated as effectively as possible into European society; stresses that integration of this kind will be the best way to tackledifferent religious background to be integrated as effectively as possible into European society and calls on Member States to facilitate access to regular education and other social services for all refugees and migrant children in order to help their integration in European societies; stresses that integration is key to prevent Islamic radicalisation in Europe;
Amendment 358 #
2017/2125(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls the importance of guaranteeing the right to an education for immigrant children as a necessity for their personal development and for their integration into the host society; calls on the Member States to ensure that immigrant children go to school whilst taking into account their specific needs, particularly in terms of language learning; Stresses the need for measures to be taken as a matter of priority in all the Member States to give immigrant children access to education, language learning, healthcare, good living conditions and the opportunity to be reunited with their family;
Amendment 363 #
2017/2125(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need for measures to be taken as a matter of priority in all the Member States to give immigrant children access to education, language learning, healthcare, good living conditions and the opportunity to be reunited with their family and, when unaccompanied or separated, to have a guardian;
Amendment 379 #
2017/2125(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that integration is best achieved through schooling for young people and education in European citizenship for older people, that the EU should therefore promote a policy reception and integration policy in all the Member States, and that it is unacceptable that certain Member States should claim that the migration phenomenon is not their concern;
Amendment 441 #
2017/2125(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that particular attention should be paid to the situation of women and the rights of women in the EU, be they immigrants, victims of abuse or modern slavery, alone or accompanied by children; points out that the EU and the Member States must set an example in this regard; urges the Member States to step up their efforts to combat sexual harassment and sexual aggression;
Amendment 466 #
2017/2125(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses concern at the rhetoric of hatred and fear directed at migrants entering Europe and the upsurge in anti- Islamic, anti-Semitic and anti-African rhetoric; condemns the normalisation of this discourse, including in the political sphere, and recalls that the fight against these phenomena relies on education and public awareness; calls on the Member States to introduce awareness-raising programmes in schools and urges the Commission to support the efforts made by Member States in this regard, particularly by creating guidelines for this process;
Amendment 481 #
2017/2125(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that social networks and the anonymity guaranteed by many different media platforms encourage many forms of expression of hatred, from jihadist preaching to anti-Islam speech, recalls that the internet cannot constitute a lawless area, and calls for this phenomenon to be curbed through closer monitoring and the identification and prosecution of the authors of statements or words incompatible with European culture and law; calls for social networks to be used to their full potential to spread counter arguments in a bid to promote equality and combat the rhetoric of hatred and intolerance online; believes that European funds should be fully utilised to support the efforts made by Member States in this regard;
Amendment 487 #
2017/2125(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that social networks and the anonymity guaranteed by many different media platforms encourage many forms of expression of hatred, from jihadist preaching to anti-Islam speech, and calls for this phenomenon to be curbed through closer monitoring and the identification and prosecution of the authors of statements or words incompatible with European culture and lawvalues;
Amendment 489 #
2017/2125(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that internet users are becoming younger and younger; insists on the need to include education about the value of tolerance in the school curriculum to provide children with the tools they need to identify hate speech and intolerance, whether of an anti-Muslim, anti-Semitic, anti-African, anti-Roma or anti-LGBTI nature or aimed at any other minority;
Amendment 491 #
2017/2125(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Believes that awareness of hate crimes should be systematised among police officers and judicial authorities in the Member States, and that the victims of these crimes should be advised and encouraged to report the incidents;
Amendment 492 #
2017/2125(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Welcomes the fact that the European Commission created a high- level group to combat racism, xenophobia and other forms of intolerance, consisting of two sub-groups, one dedicated to combating hate speech online and the other to improving the collection of data linked to hate crimes; calls on this high- level group to work in particular on issues relating to the harmonisation of the definition of 'hate crime' and 'hate speech' across Europe; believes that the group should also address hate speech and incitement to violence that can be attributed to political figures;
Amendment 493 #
2017/2125(INI)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16d. Is concerned by the rise of openly racist political parties that advocate hatred and identitarian closure; believes that these parties are in contravention of the very idea of a European Union based on equality and lessons from the past; believes that the rise of these parties demonstrates the need for the EU to further emphasise the values upon which the European project is founded to ensure that each and every citizen feels invested in it; calls on the Commission to become more vigilant the moment these parties get close to power, given that they pose a direct threat to fundamental European rights and values as a whole;
Amendment 521 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Persons with disabilities Welcomes the progress in implementing the CRPD and the recent legislative advances geared towards improving accessibility for persons with disabilities; calls on the EU and the Member States to move forward on the issue of mutual status recognition between the Member States for persons with disabilities;
Amendment 531 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on Member States to respect the values and principles of the EU and the rule of law;
Amendment 534 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Women’s rights Welcomes the fact that every Member State has signed the Istanbul Convention and the European Union has acceded; calls on the Member States that have not yet ratified the convention to proceed in doing so;
Amendment 539 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Calls on the Member States to ensure effective access to justice for all children, whether as suspects, perpetrators, victims or parties to proceedings;
Amendment 542 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Rights of minorities and discrimination Recalls that human rights are universal and no minority should suffer discrimination; stresses the need to encourage victims to report cases of discrimination and invites the EU and the Member States to step up their efforts in this regard; recalls, further, the importance of addressing the issue of discrimination against those who belong to several minorities and of raising awareness of their rights among minorities and legal professionals;
Amendment 1 #
2017/2115(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the European week of bees and pollination – EU Bee Week – which has been held at the European Parliament since 2012,
Amendment 2 #
2017/2115(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to the EFSA report ‘Collecting and Sharing Data on Bee Health: Towards a European Bee Partnership’ of September 2017, which put into practice the European Bee Partnership
Amendment 11 #
2017/2115(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the beekeeping sector is hugely significant (around EUR 14.2 annually), as 84 % of plant species and 76 % of food production are dependent on pollination by wild and domestic bees, which also helps maintain the ecological balance and biological diversity in Europe;
Amendment 51 #
2017/2115(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the causes of bee mortality are multifaceted and vary markedly according to geographical area, local characteristics and climatic conditions;
Amendment 58 #
2017/2115(INI)
Motion for a resolution
Recital H
Recital H
H. whereas farmbeekeepers are often powerless to combat bee diseases and parasites as they lack clear information, training and effective means of counteracting these threats; pointing out that beekeepers receive support for protective measures against Varroa destructor, which there has so far been no success in eradicating as there are no effective remedies as yet and R&D efforts are very inadequate, not least as regards treating hives (treatment against parasitic species, the impact of bee diets, exposure to chemical products); whereas beekeepers are obliged to declare diseases and the parasites affecting them, entailing the systematic destruction of hives; stressing that this may encourage beekeepers not to declare diseases and pests;
Amendment 72 #
2017/2115(INI)
Motion for a resolution
Recital I
Recital I
I. whereas beekeepers, agricultural producers and environmentalists also expect there to be a clear scientific consensus on all substances and other factors which are a danger to bees’ healththe causes of bee mortality and the ways to eliminate these; noting that the lack of coordination of research into pollinators at European level is resulting in a proliferation of studies whose varying – and even contradictory – scientific findings can be partially ascribed to the use of different analytical methods and research protocols; stressing that this confused situation is hampering efforts to counter pollinator mortality;
Amendment 78 #
2017/2115(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the introduction of harmonised data that is available and accessible throughout Europe is one of the main challenges in terms of better combating the decline in pollinators; stressing the importance of sharing that data among all stakeholders in the bee sector, and notably beekeepers; noting, in this connection, the value of digital tools and media; pointing to the ‘European Bee Partnership’ initiative, launched in June 2017 by EFSA during the European Week of bees and pollination to respond to this challenge;
Amendment 87 #
2017/2115(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas a common and harmonised database should contain information on, inter alia, the type of crop and agricultural practice, the presence of pests and diseases, climate and weather conditions, the landscape and infrastructure, the density of bee colonies per Member State, and the bee mortality rate;
Amendment 90 #
2017/2115(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas it is important to step up dialogue and cooperation among all the stakeholders (beekeepers, farmers, scientists, NGOs, local authorities, plant protection industries, the private sector, veterinarians and the general public), including on the collection and sharing of data;
Amendment 95 #
2017/2115(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the statistics indicate progress in the EU’s beekeeping sector, with an increase in the number of bee colonies and honey production over the past 15 years and an ongoing rise in the number of beekeepers, and especially of amateur beekeepers;
Amendment 104 #
2017/2115(INI)
Motion for a resolution
Recital L
Recital L
L. whereas beekeepers alwaysre produceing less and less honey once the winter is over, because of autumn and winter losses which can be as much as 50 % in some Member States, and as a result of the thinning of colonies in that period;
Amendment 108 #
2017/2115(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the scarcity and poor diversity of flowering plants are one of the main causes of the weakening and/or mortality of the bee population, and of the decrease in hive productivity; pointing out that agriculture, given the surface areas and crop diversity involved, is the main source of the bee diet throughout the year; noting that farmers should be encouraged, within the framework of the ‘ecological focus areas’ under the CAP, to implement ‘beekeeping focus areas’, in particular during the low-flowering season; considering also that the planting of flowering plants in gardens and urban areas, by the public and/or local and regional authorities, also helps enrich pollinator dietary sources;
Amendment 111 #
2017/2115(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas the increase in bee mortality has forced beekeepers to buy new colonies more regularly, resulting in an increase in the production costs for honey products; noting also that the cost of a bee colony has increased at least four times over in recent years; noting lastly that replacing a bee colony can often lead to a decrease in production in the short and medium term, since new colonies are less productive when first being established;
Amendment 115 #
2017/2115(INI)
Motion for a resolution
Recital N
Recital N
N. whereas there has been a two-fold increase in the amount of honey produced and exported in some countries over the past 15 years whils; deplores the fact that the EU is barely 560% self- sufficient in honey – a figure which is not increasing – cannot be explainewhile the number of hives in the EU nearly doubled between 2003 and 2016 and the number of beekeepers increased from around 470 000 to around 630 000 during the same period; whereas in 2015 the three leading European producers of honey were Romania, Spain and Germany, followed by Hungary, Greece, France and Poland;
Amendment 120 #
2017/2115(INI)
Motion for a resolution
Recital O
Recital O
O. whereas every year the EU imports 25about 40% of the honey it uses (60 % of its annual imports) each year from these countries, which is why Europe’s beekeepers are in dire straitconsumed in the EU; whereas, in 2015, the honey imported was on average 2.3 times cheaper than the honey produced in the Union, creating a serious competitive disadvantage for Europe’s beekeepers compared to producers from third countries;
Amendment 134 #
2017/2115(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas since 2001 the amount of honey in the world’s major honey- producing regions has stagnated or decreased as a result of the poor health of bees, whilst the amount of honey produced in China has increased by over 80 % (20doubled (to around 450 000 tonnes in 2012);
Amendment 137 #
2017/2115(INI)
Motion for a resolution
Recital R
Recital R
R. whereas 100 000 tonnes of imported honey arrives in the EU from China every yearin 2015 half of the EU’s imported honey (200 000 tonnes) came from China – double the amount in 2002 – even though the number of bee colonies has declined in other parts of the world;
Amendment 148 #
2017/2115(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the honey samples from the Member StatMember State honey samples were tested by the Joint Research Centre, which found, among other things, that 20 % of the samples taken at the EU’s external border and at importers’ premises were fake honeythat did not respect the honey composition and/or honey production processes laid down in the Honey Directive (2001/110/EC), and 14% of the samples contained added sugar;
Amendment 168 #
2017/2115(INI)
Motion for a resolution
Recital AF
Recital AF
AF. whereas other beekeeping products such as pollen, propolis, beeswax and royal jelly also contribute significantly to people’s wellbeing and play an important role in the healthcare and cosmetics industries; whereas, however, these products are not defined in the ‘Honey’ Directive (2001/110/EC), which mitigates against implementing an effective sectoral policy and impedes quality-based approaches and the fight against fraud;
Amendment 216 #
2017/2115(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Proposes a 47.8 % increase doubling the EU budget for national beekeeping programmes – in line with the actual increase in the bee population – as compared with the 2004 level, which translates as EUR 47 million annually;
Amendment 244 #
2017/2115(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that it would be wise to share beekeeping research topics and the findings which result – particularly where these are financed by the EU – among the Member States in order to avoid duplication; to set up a common database, harmonised at EU level; and to improve the sharing of such information among all parties involved, in particular beekeepers; therefore calls on the Commission to boost EFSA’s research programmes in this area, particularly the ‘Collecting and Sharing Data on Bee Health: towards a European Bee Partnership’ project, which was launched as part of the European Week of Bees and Pollination;
Amendment 270 #
2017/2115(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 273 #
2017/2115(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to launch a study on the feasibility of a beekeeping risk management fund within national beekeeping programmes to deal with loss of production suffered by professional beekeepers in the form of an allowance calculated according to the Olympic average of the turnover of the businesses affected;
Amendment 285 #
2017/2115(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Believes that ‘beekeeping areas’ , along the lines of EFAs, should be encouraged as part of the greening of the CAP;
Amendment 293 #
2017/2115(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Understands that some invasive alien species such as the Varroa destructor, the small hive beetle (Aethina tumida), the Asian hornet and American foulbrood, as well as some pathogens, are the main cause of bee mortality and are causing serious harm to beekeepers and widespread destruction among bees; calls on the Commission to draw up an inventory to evaluate the existing and emerging health risks at EU and international level prior to setting up an action plan to combat bee mortality; proposes making the fight against Varroa compulsory at EU level;
Amendment 313 #
2017/2115(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to involve all relevant drug producers in research into bee drugs, primarily to combat Varroa, and to set up a common IT platform to share best solutions and drugs with interested parties;
Amendment 330 #
2017/2115(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States and the regions to use all means possible to protect local and regional bee varietspecies from the undesirable spread of naturalised or invasive alien varieties in the EU; species and alien species of flora or fauna in the EU which have a direct and/or indirect impact on pollinators;
Amendment 410 #
2017/2115(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Expects honeyBelieves that honey should always to be identifiable from the moment it leaves the hive and to be classifiable according to its plant origin, irrespective of whether it is a domestic or an imported product, except in cases of direct transactions between a producer and a consumer;
Amendment 425 #
2017/2115(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to require official batch-sampling and testing of honey from non-EU countries at the EU’s external borders, in line with Regulation (EC) No 882/2004 (later Regulation (EU) 2017/625);
Amendment 432 #
2017/2115(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Asks that the ‘blend of EC and non- EC honeys’ descriptor be replaced by an indication of exactly which country or countries the honeys used in the final products come from and that these be listed in the order which corresponds to the percentage proportions used in the final product (i.e. the percentage of EC and non-EC honeys);
Amendment 442 #
2017/2115(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Requests that the Commission amend the Honey Directive (2001/110/EC) by means of a directive on apiculture products, circumscribing all such products:honey, propolis, royal jelly, beeswax, pollen pellets, bee bread and bee venom, as Parliament has already requested and voted for;
Amendment 482 #
2017/2115(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Calls on the Commission to propose an incentivising equivalence coefficient for 'apiculture areas' and 'honey fallows' as one of the ecological focus areas that are obligatory for the receipt of greening aid under the common agricultural policy (e.g. a coefficient of 1ha of 'apiculture area' or 'honey fallow' = 2ha of ecological focus area);
Amendment 22 #
2017/2068(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
- having regard of the work of the Joint Cyber Crime Action Taskforce (J- CAT)
Amendment 45 #
2017/2068(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the 2016 IOCTA reveals that cybercrime is increasing in intensity, complexity and magnitude, that reported cybercrime exceeds traditional crime in some EU countries, that it extends to other areas of crime, such as human trafficking, that there has been a growing misuse of encryption and anonymisation tools and that ransomware attacks outnumber traditional malware threats such as Trojans;
Amendment 90 #
2017/2068(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the fight against cybercrime and against illegal activities online should not hinder the positive process provided by a free and open cyberspace, offering new possibilities for the sharing of knowledge and the promotion of political and social inclusion worldwide
Amendment 123 #
2017/2068(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the constantly changing nature of the cyber-threat landscape presents all stakeholders with serious legal and technological challenges; points, in particular, to the increasing misuse of privacy-enhancing technologies such as onion-routing and the Darknet, as well as to the growing threats posed by hackers sponsored by non- friendly foreign states or extremist political or religious organisations;
Amendment 134 #
2017/2068(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the recourse of extremistcriminal and terrorist networks to cybercrime tools and services is still limited; highlights, however, that this is likely to change in light of the growing links between terrorism and organised crime and the wide availability of firearms and explosive precursors on the Darknet;
Amendment 145 #
2017/2068(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges that technological advances in encryption allow legitimate end-users to better protect their data, but points out that malicious users deploy the same techniques to conceal their criminal activities and identitithese techniques can be used to conceal identities and also to conceal criminal activities or for illegal purposes ;
Amendment 155 #
2017/2068(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that Cybersecurity strategies and measures can only be sound and effective if it is based on fundamental rights and freedoms as enshrined in the Charter of Fundamental Rights of the European Union and EU core values.
Amendment 203 #
2017/2068(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses out the urgent need, in the fight against cybercrime, of more efforts on NIS education and training, by introducing training on NIS, on secure software development and personal data protection for computer science students and also NIS basic training for staff working in public administrations;
Amendment 208 #
2017/2068(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Takes the view that, in order to safeguard the security and integrity of our networks, services and personal data, the use of end-to-end encryption should be encouraged and, where necessary, be mandatory in accordance with the principle of security and privacy by design;
Amendment 213 #
2017/2068(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that businesses should conduct regular vulnerability assessments, fixidentify existing vulnerabilities in their products or services and combat and fix these vulnerabilities ; businesses should also consistently report cyber- attacks;
Amendment 247 #
2017/2068(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 267 #
2017/2068(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to investigate the legal scope for improving the accountability of service providers and for imposing an obligation to respond to foreign EU law-enforcement requests;
Amendment 272 #
2017/2068(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Recognises that the current European and national legal frameworks can create challenges for service providers willing to comply with law enforcement authority requests ;calls on the Commission to improve the legal framework regarding this cooperation between service providers and law enforcement authorities, putting in place appropriate safeguards
Amendment 273 #
2017/2068(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Underlines the absolute necessity to protect law enforcement databases from security incidents and unlawful access since this is a matter of concern for individuals and is concerned by the extraterritorial reach of law enforcement authorities to access data in the context of criminal investigations and underlines the need to implement strong rules in that matter.
Amendment 274 #
2017/2068(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. believes, therefore, that tackling such risks requires concerted and effective cooperation between law enforcement authorities, the private sector, governments and independent supervisory data protection authorities; insists on the necessity to guarantee adequate security for personal data, in accordance with Regulation (EU) 2016/679 and Directive (EU) 2016/680, as well as to minimise vulnerabilities through secured and decentralised database architectures;
Amendment 275 #
2017/2068(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19 d. Calls on the Commission to propose options for initiatives to improve the efficiency and promote the use of Mutual Legal Assistance Treaties (MLATS) in order to counter the assumption of extraterritorial jurisdiction by third countries.
Amendment 277 #
2017/2068(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 292 #
2017/2068(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines that illegal online content should be removed immediately; welcomes, in this context, the progress achieved concerning the blocking and removal of illegal content online, but stresses the need for a stronger commitment on the part of platform service providers to respond quickly and effectively; recognizes in this regard the contribution of the EU internet forum
Amendment 312 #
2017/2068(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges the Member States to exchange best practices regardnot to impose any obligation on encryption providers that would result ing the circumvention of encryption and to cooperate, in consultation with the judiciary, in aligning the conditions for the lawful use of investigative tools online;weakening of the security of their network and services such as the creation or facilitation of back doors ; When the access to encrypted information is imperative for security and justice, then feasible solutions to decryption without weakening the protective mechanisms must be offered, both in legislation and through continuous technical evolution
Amendment 317 #
2017/2068(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Member States to make a full use of lawful hacking and on the European Union to promote this instrument ; Stresses that lawful hacking must be a measure of last resort, which has to be necessary, proportionate, and in full compliance with fundamental rights and EU data protection and case law; calls on all Member States to establish clear rules regarding the prior and judicial authorisation process for lawful hacking activities, including restrictions on the use and duration of lawful hacking tools, to set up an oversight mechanism, and to provide effective legal remedies for the targets of these hacking activities;
Amendment 340 #
2017/2068(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the Commission to set out clear definitions of the different types of cybercrime and to examine the necessity for a legislative instrument that will set minimum rules on the definitions and minimum penalties regarding cybercrimes
Amendment 355 #
2017/2068(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines the importance of close cooperation between law enforcement authorities and the private sector on the issue of access to e-evidence; urges the Member States concerned to eliminate criminal law provisions prohibiting domestic service providers from responding to foreign law enforcement requests;
Amendment 363 #
2017/2068(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission to put forward a European legal framework for e- evidence, including harmonised rules to determine the status of a provider as domestic or foreign, and to impose an obligation on service providers to respond to requests from third countries, with a view to ensuring legal certainty for stakeholders and removing obstacles to cooperation;
Amendment 379 #
2017/2068(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Asks for the revision of the ENISA mandate and the reinforcement of the national cybersecurity agencies; calls for a reinforcement of the ENISA mandate, staff and resources, that should also include more links with Europol and industry stakeholders.
Amendment 213 #
2017/0352(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Children and vulnerable persons merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data. The interoperability components should pay particular attention to the protection of children and ensure that their rights and integrity are being fully respected.
Amendment 258 #
2017/0352(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure the correct identification of a person, Member State authorities competent for preventing and combating irregular migration and competent authorities within the meaning of Article 3(7) of Directive 2016/680 should be allowed to query the common identity repository (CIR) with the biometric data of that person taken during an identity check. Such query should be carried out in principle in the presence of the person, solely where a Member State police authority was unable to identify a person on the basis of a travel document or with the identity data provided by that person following rules and procedures provided for in national law or where there are doubts as to the authenticity of the travel document or the identity of its holder or where the person is unable or refuses to cooperate, or where there are reasonable grounds to believe that the person is not telling the truth about his or her identity. Such query should not be allowed against minors under the age of 12 years old.
Amendment 259 #
2017/0352(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) In order to identify unknown persons who are not able to identify themselves or unidentified human remains, in the event of a disaster or an accident, Member States should be allowed to query the CIR with the biometric data of those persons.
Amendment 321 #
2017/0352(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) To support the purposes of statistics and reporting, it is necessary to grant access to authorised staff of the competent authorities, institutions and bodies identified in this Regulation and the integration of the existing national systems and infrastructures with those components to consult certain data related to certain interoperability components without enabling individual identification.
Amendment 328 #
2017/0352(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57a) It would be appropriate that, during the development phase of the interoperability components, the Commission assess the necessity of further harmonisation of national systems and infrastructures of Member States at external borders. Those recommendations should also include an impact assessment and an assessment on their cost for the EU budget.
Amendment 344 #
2017/0352(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation, together with [Regulation 2018/xx on interoperability borders and visa], establishes a framework to ensure the interoperability between the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, the Schengen Information System (SIS), and [the European Criminal Records Information System for third-country nationals (ECRIS-TCN)] in order for those systems and data contained in those systems to supplement each other.
Amendment 377 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(ca) improving judicial cooperation in the areas of freedom, security and justice;
Amendment 383 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) contribute to the prevention, detection and investigation of terrorist offences or of other serious criminal offences.
Amendment 416 #
2017/0352(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
5 Non-discrimination and fundamental rights
Amendment 429 #
2017/0352(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. A European search portal (ESP) is established for the purposes of ensuring that Member State authorities and EU bodies have fast, seamless, efficient, systematic and controlled access to the EU information systems, the Europol data and the Interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of the EES, the VIS, [the ETIAS], Eurodac, the SIS, [the ECRIS- TCN system] and the Europol data, while fully respecting the principles of necessity and proportionality.
Amendment 464 #
2017/0352(COD)
6. The reply to the user of the ESP shall be unique and shall contain all the data to which the user has access under Union law. Where necessary, the reply provided by the ESP shall indicate to which information system or database the data belongs.
Amendment 469 #
2017/0352(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the Member State authority or EU bodies and the individual user of the ESP, including the ESP profile used as referred to in Article 8;
Amendment 474 #
2017/0352(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Each Member State and EU body shall keep logs of queries of the authority and the staff duly authorised to use the ESP.
Amendment 478 #
2017/0352(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring datafor self- monitoring, and for ensuring the proper functioning and the data integrity and security pursuant to Article 42. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun.
Amendment 482 #
2017/0352(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the ESP, the users of the ESP shall immediately be notified by eu-LISA.
Amendment 485 #
2017/0352(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the national infrastructure in a Member State, that Member State's competent authority shall immediately notify eu-LISA and the Commission.
Amendment 486 #
2017/0352(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the infrastructure of an EU body, that EU body shall immediately notify eu-LISA and the Commission.
Amendment 493 #
2017/0352(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A shared biometric matching service (shared BMS) storing biometric templates and enabling querying with biometric data across several EU information systems is established for the purposes of supporting the CIR and the multiple-identity detector and the objectives of the EES, the VIS, Eurodac, the SIS and [the ECRIS-TCN system], while fully respecting the principles of necessity and proportionality.
Amendment 506 #
2017/0352(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 532 #
2017/0352(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs referred to in paragraph 1(a) shall be erased once the data is erased.
Amendment 538 #
2017/0352(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. A common identity repository (CIR), creating an individual file for each person that is recorded in the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN system] containing the data referred to in Article 18, is established for the purpose of facilitating and assisting the correct identification of persons registered in the EES, the VIS, [the ETIAS], the Eurodac and [the ECRIS-TCN system], of supporting the functioning of the multiple- identity detector and of facilitating and streamlining access by law enforcement authorities to non-law enforcement information systems at EU level, where necessary for the prevention, investigation, detection or prosecution of serious crime, while fully respecting the principles of necessity and proportionality.
Amendment 539 #
2017/0352(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. Where it is technically impossible to query the CIR for the purpose of identifying a person pursuant Article 20, for the detection of multiple identities pursuant Article 21 or for law enforcement purposes pursuant Article 22, because of a failure of the CIR, the users of the CIR shall be immediately notified by eu-LISA.
Amendment 553 #
2017/0352(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where a Member State police authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, solely for the purpose of identifying a person, query the CIR with the biometric data of that person taken during an identity check. Such query may be carried out in principle in the presence of the person, solely where a Member State police authority was unable to identify a person on the basis of a travel document or with the identity data provided by that person following rules and procedures provided for in national law or where there are doubts as to the authenticity of the travel document or the identity of its holder or where the person is unable or refuse to cooperate, or where there are reasonable grounds to believe that the person is not telling the truth about his or her identity. Such query shall not be allowed against minors under the age of 12 years old.
Amendment 559 #
2017/0352(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Where a Member State police authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, solely for the purpose of identifying unknown persons who are not able to identify themselves or unidentified human remains, in the event of a disaster or an accident query the CIR with the biometric data of those persons.
Amendment 588 #
2017/0352(COD)
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 1 – point a
Article 24 – paragraph 4 – subparagraph 1 – point a
(a) the national file referencreference to the national investigation or case;
Amendment 591 #
2017/0352(COD)
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 1 – point e
Article 24 – paragraph 4 – subparagraph 1 – point e
(e) the name of the authorityindividual and unique user identifiers of both the competent authority and the person consulting the CIR;
Amendment 592 #
2017/0352(COD)
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5a. Europol shall keep logs of queries of the staff duly authorised to use the CIR pursuant to Article 22.
Amendment 593 #
2017/0352(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. The logs referred to in paragraphs 1, 5 and 5a may be used only for data protection monitoring, including checking the admissibility of a request and the lawfulness of data processing, and for ensuring datafor self- monitoring, and for ensuring the proper functioning and the data integrity and security pursuant to Article 42. They shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun.
Amendment 594 #
2017/0352(COD)
Proposal for a regulation
Article 24 – paragraph 7 a (new)
Article 24 – paragraph 7 a (new)
7a. The competent national authorities in charge of checking whether or not access is lawful, monitoring the lawfulness of data processing, self- monitoring and ensuring the proper functioning, data integrity and security, shall have access, within the limits of their competence and at their request, to these logs for the purpose of fulfilling their duties.
Amendment 595 #
2017/0352(COD)
Proposal for a regulation
Article 24 – paragraph 7 b (new)
Article 24 – paragraph 7 b (new)
7b. For the purposes of self- monitoring and ensuring the proper functioning of the CIR, data integrity and security, the EU-Lisa shall have access, within the limits of its competence, to those logs.
Amendment 596 #
2017/0352(COD)
Proposal for a regulation
Article 24 – paragraph 7 c (new)
Article 24 – paragraph 7 c (new)
7c. The European Data Protection Supervisor shall have access, within the limits of its competence and at its request, to those logs for the purpose of fulfilling its tasks.
Amendment 600 #
2017/0352(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A multiple-identity detector (MID) creating and storing links between data in the EU information systems included in the common identity repository (CIR) and the SIS and as a consequence detecting multiple identities, with the dual purpose of facilitating identity checks and combating identity fraud, is established for the purpose of supporting the functioning of the CIR and the objectives of the EES, the VIS, the ETIAS], Eurodac, the SIS and [the ECRIS-TCN system], while fully respecting the principles of necessity and proportionality.
Amendment 673 #
2017/0352(COD)
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. Each EU body shall keep logs of queries of the authority and the staff duly authorised to use the MID.
Amendment 674 #
2017/0352(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The logs may be used only for data protection monitoring, including checking the admissibility of a request and the lawfulness of data processing, and for ensuring datafor self- monitoring, and for ensuring the proper functioning and the data integrity and security pursuant to Article 42. The logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased.
Amendment 721 #
2017/0352(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679, Article 30 of Directive (EU) 2016/680, or both, Member States shall notify the Commission, eu- LISA, the national supervisory authorities and the European Data Protection Supervisor of security incidents. In the event of a security incident in relation to the central infrastructure of the interoperability components, eu-LISA shall notify the Commission and the European Data Protection Supervisor.
Amendment 727 #
2017/0352(COD)
Proposal for a regulation
Article 44 – paragraph 5 a (new)
Article 44 – paragraph 5 a (new)
5a. The European Commission shall carry out annual evaluations to ensure that Member States are in full compliance with the obligations under each respective IT-systems. The concrete findings of the evaluations shall be communicated to the European Parliament and the Council, and in case of a breach, appropriate measures shall be taken thereafter.
Amendment 735 #
2017/0352(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Without prejudice to the right of information referred to in Articles 11 and 12 of Regulation (EC) 45/2001 and Articles 13 and 14 of Regulation (EU) 2016/679, persons whose data are stored in the shared biometric matching service, the common identity repository or the multiple-identity detector shall be informed by the authority collecting their data, at the time their data are collected, about the processing of personal data for the purposes of this Regulation, including about identity and contact details of the respective data controllers, and about the procedures for exercising their rights of access, rectification and erasure, as well as about the contact details of the European Data Protection Supervisor and of the national supervisory authority of the Member State responsible for the collection of the data. Persons whose data is stored should also be informed of retention periods, automated decision- making and the fact that personal data is not transferred or made available to third countries, international organisations of private parties, with the exception of transfers to Interpol.
Amendment 755 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The Member State responsible for the manual verification of different identities as referred to in Article 29 or the Member State to which the request has been made shall reply to such requests within 45 days ofout undue delay and no longer than 45 days within the receipt of the request.
Amendment 766 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 4 a (new)
Article 47 – paragraph 4 a (new)
4a. Any person shall have the right to lodge a complaint and the right to a legal remedy in the Member State which refused the right of access to or the right of correction or deletion of data relating to him or her, in accordance with national or Union law;
Amendment 778 #
2017/0352(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
Personal data stored in or accessed by the interoperability components shall not be transferred or made available to any third country, to any international organisation or to any private party. Any breach to this shall be considered a serious security incident and shall be immediately reported and addressed in accordance with Article 44.
Amendment 786 #
2017/0352(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
Amendment 793 #
2017/0352(COD)
Proposal for a regulation
Article 50 – paragraph 1 a (new)
Article 50 – paragraph 1 a (new)
The European Commission, the European Parliament and Member States shall ensure that the European Data Protection Supervisor has sufficient resources to fulfil the tasks entrusted to it under this Regulation.
Amendment 820 #
2017/0352(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point h a (new)
Article 54 – paragraph 1 – point h a (new)
(h a) reporting any security incidents involving personal data to the Commission, eu-LISA, the national supervisory authorities and the European Data Protection Supervisor
Amendment 824 #
2017/0352(COD)
Proposal for a regulation
Article 55 a (new)
Article 55 a (new)
Article 55 a Penalties Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
Amendment 901 #
2017/0352(COD)
Proposal for a regulation
Article 66 – paragraph 1 a (new)
Article 66 – paragraph 1 a (new)
Member States and EU bodies shall organise for their staff authorised to process data from the interoperability components, appropriate training programme about data security, data quality, data protection rules and the procedures of the data processing.
Amendment 902 #
2017/0352(COD)
Proposal for a regulation
Article 66 – paragraph 1 b (new)
Article 66 – paragraph 1 b (new)
Common training courses about data security, data quality, data protection rules and the procedures of the data processing shall be organised at EU level at least once a year to enhance cooperation and exchange of best practices between staff of Member States and EU bodies authorised to process data from the interoperability components.
Amendment 904 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. eu-LISA shall ensure that procedures are in place to monitor the development of the interoperability components and the integration of the existing national infrastructures and the connection to the national uniform interface in light of objectives relating to planning and costs and to monitor the functioning of the interoperability components in light of objectives relating to the technical output, cost-effectiveness, security and quality of service.
Amendment 907 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 2 a (new)
Article 68 – paragraph 2 a (new)
2 a. Six months after the start of the operations of each interoperability component, eu-LISA shall submit a report to the European Parliament and the Council on the state of play of the connection of Member States to the communication infrastructure of the ESP and the CIR and the integration of the existing national systems and infrastructures with the ESP, shared BMS, MID and the CIR.
Amendment 908 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 2 b (new)
Article 68 – paragraph 2 b (new)
2 b. During the development phase of the interoperability components, the Commission shall evaluate the necessity of further harmonisation of national systems and infrastructures of Member States at external borders. The Commission shall transmit the evaluation report to the European Parliament and the Council. These evaluation reports shall include recommandations, an impact assessment and an assessment on their cost for the EU budget.
Amendment 912 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 4
Article 68 – paragraph 4
4. FourTwo years after the start of operations of each interoperability component and every four years thereafter, eu-LISA shall submit to the European Parliament, the Council and the Commission a report on the connection of Member States to the communication infrastructure of the ESP and the CIR and the integration of the existing national systems and infrastructures with the ESP, shared BMS, MID and the CIR, as well as on the technical functioning of the interoperability components, including the security thereof.
Amendment 914 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 5 – subparagraph 1 – introductory part
Article 68 – paragraph 5 – subparagraph 1 – introductory part
In addition, one year after each report from eu-LISAeach year, the Commission shall produce an overall evaluation of the components, including:
Amendment 916 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 5 – subparagraph 1 – point b
Article 68 – paragraph 5 – subparagraph 1 – point b
(b) an examination of the results achieved against objectives and the impact on fundamental rights, particularly the use of CIR with biometric data taken during an identity check;
Amendment 918 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 5 – subparagraph 1 – point d a (new)
Article 68 – paragraph 5 – subparagraph 1 – point d a (new)
(d a) an assessment of the security of the connection of Member States to the communication infrastructure of the ESP and the CIR and the security of the integration of the existing national systems and infrastructures with the ESP, shared BMS, MID and the CIR.
Amendment 926 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 8 a (new)
Article 68 – paragraph 8 a (new)
8 a. While respecting the provisions of national law on the publication of sensitive information, each Member State shall prepare annual reports containing information and statistics on the access to data stored in the common identity repository for identification pursuant to Article 20.
Amendment 214 #
2017/0351(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Children and vulnerable persons merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safe guards concerned and their rights in relation to the processing of personal data. The interoperability components should pay particular attention to the protection of children and ensure that their rights and integrity are being fully respected.
Amendment 260 #
2017/0351(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure the correct identification of a person, Member State authorities competent for preventing and combating irregular migration and competent authorities within the meaning of Article 3(7) of Directive 2016/680 should be allowed to query the common identity repository (CIR) with the biometric data of that person taken during an identity check. Such query should be carried out in principle in the presence of the person, solely where a Member State police authority was unable to identify a person on the basis of a travel document or with the identity data provided by that person following rules and procedures provided for in national law or where there are doubts as to the authenticity of the travel document or the identity of its holder or where the person is unable or refuses to cooperate, or where there are reasonable grounds to believe that the person is not telling the truth about his or her identity. Such query should not be allowed against minors under the age of 12 years old.
Amendment 261 #
2017/0351(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) In order to identify unknown persons who are not able to identify themselves or unidentified human remains, in the event of a disaster or an accident, Member States should be allowed to query the CIR with the biometric data of those persons.
Amendment 324 #
2017/0351(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) The implementation of the interoperability components provided for in this Regulation and the integration of the existing national systems and infrastructures with those components will have an impact on the way checks are carried out at border crossing points. These impacts will result from a combined application of the existing rules of the Regulation (EU) 2016/399 of the European Parliament and of the Council60 and the rules on interoperability provided for in this Regulation. _________________ 60 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders, OJ L 77, 23.3.2016, p.1.
Amendment 328 #
2017/0351(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57a) It would be appropriate that, during the development phase of the interoperability components, the Commission assess the necessity of further harmonisation of national systems and infrastructures of Member States at external borders. Those recommendations should also include an impact assessment and an assessment on their cost for the EU budget.
Amendment 356 #
2017/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation, together with [Regulation 2018/xx on interoperability police and judicial cooperation, asylum and migration], establishes a framework to ensure the interoperability between the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, the Schengen Information System (SIS), and [the European Criminal Records Information System for third-country nationals (ECRIS-TCN)] in order for those systems and data contained in those systems to supplement each other.
Amendment 377 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) contribute to the prevention, detection and investigation of terrorist offences or of other serious criminal offences.
Amendment 387 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(ca) improving judicial cooperation in the areas of freedom, security and justice;
Amendment 423 #
Amendment 425 #
2017/0351(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The protection of natural persons in relation to the processing of personal data is a fundamental right. Article 8(1) of the Charter of Fundamental Rights of the European Union (the ‘Charter’) and Article 16(1) of the Treaty on the Functioning of the European Union (TFEU) provide that everyone has the right to the protection of personal data concerning him or her. Processing of personal data for the purposes of this Regulation by any user shall not result in discrimination against persons on any grounds such as sex, colour, social, racial or ethnic origin, religion or belief, disability, age or sexual orientation. It shall fully respect human dignity and integritypolitical or any other opinion, membership of a national minority, property, birth, genetic features, language, disability, age or sexual orientation. It shall fully respect human dignity and integrity and fundamental rights, including the right to respect for one’s private life and to the protection of personal data. Particular attention shall be paid to children, the elderly and persons with a disability. The best interests of the child shall be a primary consideration.
Amendment 434 #
2017/0351(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. A European search portal (ESP) is established for the purposes of ensuring that Member State authorities and EU bodies have fast, seamless, efficient, systematic and controlled access to the EU information systems, the Europol data and the Interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of the EES, the VIS, [the ETIAS], Eurodac, the SIS, [the ECRIS- TCN system] and the Europol data, while fully respecting the principles of necessity and proportionality.
Amendment 469 #
2017/0351(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The reply to the user of the ESP shall be unique and shall contain all the data to which the user has access under Union law. Where necessary, the reply provided by the ESP shall indicate to which information system or database the data belongs.
Amendment 474 #
2017/0351(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the Member State authority or EU bodies and the individual user of the ESP, including the ESP profile used as referred to in Article 8;
Amendment 479 #
2017/0351(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Each Member State and EU body shall keep logs of queries of the authority and the staff duly authorised to use the ESP.
Amendment 483 #
2017/0351(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring datafor self- monitoring, and for ensuring the proper functioning and the data integrity and security pursuant to Article 42. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun.
Amendment 487 #
2017/0351(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the ESP, the users of the ESP shall be immediately notified by eu-LISA.
Amendment 490 #
2017/0351(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the national infrastructure in a Member State, that Member State's competent authority shall immediately notify eu-LISA and the Commission.
Amendment 491 #
2017/0351(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the infrastructure of a EU body, that EU body shall immediately notify eu-LISA and the Commission.
Amendment 511 #
2017/0351(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 538 #
2017/0351(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs referred to in paragraph 1(a) shall be erased once the data is erased.
Amendment 544 #
2017/0351(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. A common identity repository (CIR), creating an individual file for each person that is recorded in the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN system] containing the data referred to in Article 18, is established for the purpose of facilitating and assisting the correct identification of persons registered in the EES, the VIS, [the ETIAS], the Eurodac and [the ECRIS-TCN system], of supporting the functioning of the multiple- identity detector and of facilitating and streamlining access by law enforcement authorities to non-law enforcement information systems at EU level, where necessary for the prevention, investigation, detection or prosecution of serious crime, while fully respecting the principles of necessity and proportionality.
Amendment 545 #
2017/0351(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. Where it is technically impossible to query the CIR for the purpose of identifying a person pursuant Article 20, for the detection of multiple identities pursuant Article 21 or for law enforcement purposes pursuant Article 22, because of a failure of the CIR, the users of the CIR shall be immediately notified by eu-LISA.
Amendment 558 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where a Member State police authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, solely for the purpose of identifying a person, query the CIR with the biometric data of that person taken during an identity check. Such query may be carried out in principle in the presence of the person, solely where a Member State police authority was unable to identify a person on the basis of a travel document or with the identity data provided by that person following rules and procedures provided for in national law or where there are doubts as to the authenticity of the travel document or the identity of its holder or where the person is unable or refuse to cooperate, or where there are reasonable grounds to believe that the person is not telling the truth about his or her identity. Such query shall not be allowed against minors under the age of 12 years old.
Amendment 564 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Where a Member State police authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, solely for the purpose of identifying unknown persons who are not able to identify themselves or unidentified human remains, in the event of a disaster or an accident query the CIR with the biometric data of those persons.
Amendment 594 #
2017/0351(COD)
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 1 – point a
Article 24 – paragraph 4 – subparagraph 1 – point a
(a) the national file referencreference to the national investigation or case;
Amendment 597 #
2017/0351(COD)
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 1 – point e
Article 24 – paragraph 4 – subparagraph 1 – point e
(e) the name of the authorityindividual and unique user identifiers of both the competent authority and the person consulting the CIR;
Amendment 598 #
2017/0351(COD)
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5a. Europol shall keep logs of queries of the staff duly authorised to use the CIR pursuant to Article 22.
Amendment 599 #
2017/0351(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. The logs referred to in paragraphs 1, 5 and 5a may be used only for data protection monitoring, including checking the admissibility of a request and, the lawfulness of data processing, and for ensuring datafor self- monitoring, and for ensuring the proper functioning and the data integrity and security pursuant to Article 42. They shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun.
Amendment 600 #
2017/0351(COD)
Proposal for a regulation
Article 24 – paragraph 7 a (new)
Article 24 – paragraph 7 a (new)
7a. The competent national authorities in charge of checking whether or not access is lawful, monitoring the lawfulness of data processing, self- monitoring and ensuring the proper functioning, data integrity and security, shall have access, within the limits of their competence and at their request, to these logs for the purpose of fulfilling their duties.
Amendment 601 #
2017/0351(COD)
7b. For the purposes of self- monitoring and ensuring the proper functioning of the CIR, data integrity and security, the EU-Lisa shall have access, within the limits of its competence, to those logs.
Amendment 602 #
2017/0351(COD)
Proposal for a regulation
Article 24 – paragraph 7 c (new)
Article 24 – paragraph 7 c (new)
7c. The European Data Protection Supervisor shall have access, within the limits of its competence and at its request, to those logs for the purpose of fulfilling its tasks.
Amendment 606 #
2017/0351(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A multiple-identity detector (MID) creating and storing links between data in the EU information systems included in the common identity repository (CIR) and the SIS and as a consequence detecting multiple identities, with the dual purpose of facilitating identity checks and combating identity fraud, is established for the purpose of supporting the functioning of the CIR and the objectives of the EES, the VIS, the ETIAS], Eurodac, the SIS and [the ECRIS-TCN system], while fully respecting the principles of necessity and proportionality.
Amendment 689 #
2017/0351(COD)
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. Each EU body shall keep logs of queries of the authority and the staff duly authorised to use the MID.
Amendment 690 #
2017/0351(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The logs may be used only for data protection monitoring, including checking the admissibility of a request and the lawfulness of data processing, and for ensuring datafor self- monitoring, and for ensuring the proper functioning and the data integrity and security pursuant to Article 42. The logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased.
Amendment 735 #
2017/0351(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679, Article 30 of Directive (EU) 2016/680, or both, Member States shall notify the Commission, eu- LISA, the national supervisory authorities and the European Data Protection Supervisor of security incidents. In the event of a security incident in relation to the central infrastructure of the interoperability components, eu-LISA shall notify the Commission and the European Data Protection Supervisor.
Amendment 741 #
2017/0351(COD)
Proposal for a regulation
Article 44 – paragraph 5 a (new)
Article 44 – paragraph 5 a (new)
5a. The European Commission shall carry out annual evaluations to ensure that Member States are in full compliance with the obligations under each respective IT-systems. The concrete findings of the evaluations shall be communicated to the European Parliament and the Council, and in case of a breach, appropriate measures shall be taken thereafter.
Amendment 749 #
2017/0351(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 769 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The Member State responsible for the manual verification of different identities as referred to in Article 29 or the Member State to which the request has been made shall reply to such requests within 45 days ofout undue delay and no longer than 45 days with in the receipt of the request.
Amendment 777 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Where, following an examination, it is found that the data stored in the multiple-identity detector (MID) are factually inaccurate or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall correct or delete these data. The Member State shall send a written confirmation to the data subject.
Amendment 780 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 4 a (new)
Article 47 – paragraph 4 a (new)
4a. Any person shall have the right to lodge a complaint and the right to a legal remedy in the Member State which refused the right of access to or the right of correction or deletion of data relating to him or her, in accordance with national or Union law;
Amendment 792 #
2017/0351(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
Personal data stored in or accessed by the interoperability components shall not be transferred or made available to any third country, to any international organisation or to any private party, with the exception of transfers to Interpol for the purpose of carrying out the automated processing referred to in [Article 18(2)(b) and (m) of the ETIAS Regulation] or for the purposes of Article 8(2) of Regulation (EU) 2016/399. Such transfers of personal data to Interpol shall be compliant with the provisions of Article 9 of Regulation (EC) No 45/2001 and Chapter V of Regulation (EU) 2016/679. Any breach to this shall be considered a serious security incident and shall be immediately reported and addressed in accordance with Article 44.
Amendment 801 #
2017/0351(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
1 a. Each Member State shall ensure that the supervisory authority or authorities designated pursuant to Article 51 of Regulation (EU)2016/679 and Article 41 of Directive (EU)2016/680 shall monitor the lawfulness of the processing of personal data under this Regulation.
Amendment 808 #
2017/0351(COD)
Proposal for a regulation
Article 50 – paragraph 1 a (new)
Article 50 – paragraph 1 a (new)
The European Commission, the European Parliament and Member States shall ensure that the European Data Protection Supervisor has sufficient resources to fulfil the tasks entrusted to it under this Regulation.
Amendment 834 #
2017/0351(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point g a (new)
Article 54 – paragraph 1 – point g a (new)
(g a) fully complying with the rules of each IT-system to ensure the security and integrity of personal data;
Amendment 835 #
2017/0351(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point h a (new)
Article 54 – paragraph 1 – point h a (new)
(h a) reporting any security incidents involving personal data to the Commission, eu-LISA, the national supervisory authorities and the European Data Protection Supervisor
Amendment 838 #
2017/0351(COD)
Proposal for a regulation
Article 55 a (new)
Article 55 a (new)
Article 55 a Penalties Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
Amendment 987 #
2017/0351(COD)
Proposal for a regulation
Article 66 – paragraph 1 a (new)
Article 66 – paragraph 1 a (new)
Member States and EU bodies shall organise for their staff authorised to process data from the interoperability components, appropriate training programme about data security, data quality, data protection rules and the procedures of the data processing.
Amendment 988 #
2017/0351(COD)
Proposal for a regulation
Article 66 – paragraph 1 b (new)
Article 66 – paragraph 1 b (new)
Common training courses about data security, data quality, data protection rules and the procedures of the data processing shall be organised at EU level at least once a year to enhance cooperation and exchange of best practices between staff of Member States and EU bodies authorised to process data from the interoperability components.
Amendment 990 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. eu-LISA shall ensure that procedures are in place to monitor the development of the interoperability components and the integration of the existing national infrastructures and the connection to the national uniform interface in light of objectives relating to planning and costs and to monitor the functioning of the interoperability components in light of objectives relating to the technical output, cost-effectiveness, security and quality of service.
Amendment 993 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 2 a (new)
Article 68 – paragraph 2 a (new)
Amendment 994 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 2 b (new)
Article 68 – paragraph 2 b (new)
2 b. During the development phase of the interoperability components, the Commission shall evaluate the necessity of further harmonisation of national systems and infrastructures of Member States at external borders. The Commission shall transmit the evaluation report to the European Parliament and the Council. These evaluation reports shall include recommandations, an impact assessment and an assessment on their cost for the EU budget.
Amendment 998 #
2017/0351(COD)
4. FourTwo years after the start of operations of each interoperability component and every four years thereafter, eu-LISA shall submit to the European Parliament, the Council and the Commission a report on the connection of Member States to the communication infrastructure of the ESP and the CIR and the integration of the existing national systems and infrastructures with the ESP, shared BMS, MID and the CIR, as well as on the technical functioning of the interoperability components, including the security thereof.
Amendment 1000 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 5 – subparagraph 1 – introductory part
Article 68 – paragraph 5 – subparagraph 1 – introductory part
In addition, one year after each report from eu-LISAeach year, the Commission shall produce an overall evaluation of the components, including:
Amendment 1002 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 5 – subparagraph 1 – point b
Article 68 – paragraph 5 – subparagraph 1 – point b
(b) an examination of the results achieved against objectives and the impact on fundamental rights, particularly the use of CIR with biometric data taken during an identity check;
Amendment 1004 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 5 – subparagraph 1 – point d a (new)
Article 68 – paragraph 5 – subparagraph 1 – point d a (new)
(d a) an assessment of the security of the connection of Member States to the communication infrastructure of the ESP and the CIR and the security of the integration of the existing national systems and infrastructures with the ESP, shared BMS, MID and the CIR.
Amendment 1012 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 8 a (new)
Article 68 – paragraph 8 a (new)
8 a. While respecting the provisions of national law on the publication of sensitive information, each Member State shall prepare annual reports containing information and statistics on the access to data stored in the common identity repository for identification pursuant to Article 20.
Amendment 22 #
2017/0225(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The use of network and information systems by citizens, businesses and governments across the Union is now pervasive. Digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the Internet of Things (IoT) millions, if not billions, of connected digital devices are expected to be deployed across the EU during the next decade. While an increasing number of devices are connected to the Internet, security and resilience are not sufficiently built in by design, leading to insufficient cybersecurity. In this context, the limited and fragmented use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ICT products and services, undermining trust in digital solutions.
Amendment 43 #
2017/0225(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations. The Agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents, and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience. The Agency should furthermore organise, in cooperation with the Member States and the Union institutions, bodies, offices and agencies regular outreach and public education campaigns directed to end-users, aiming at promoting cybersecurity education, safer individual online behaviour and raising awareness of potential threats in cyberspace, including cybercrimes such as phishing attacks, botnets, financial and banking fraud, as well as promoting basic authentication and data protection advice. The Agency should play a central role in accelerating end-user awareness on security of devices.
Amendment 46 #
2017/0225(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) To ensure that it fully achieves its objectives, the Agency should liaise with relevant institutions, agencies and bodies, including CERT-EU, European Cybercrime Centre (EC3) at Europol, European Defence Agency (EDA), European Agency for the operational management of large-scale IT systems (eu- LISA), European Aviation Safety Agency (EASA) and any other EU Agency that is involved in cybersecurity. It should also liaise with European and national authorities dealing with data protection in order to exchange know-how and best practices and provide advice on cybersecurity aspects that might have an impact on their work. Representatives of national and Union law enforcement and data protection authorities should be eligible to be represented in the Agency’s Permanent Stakeholders Group. In liaising with law enforcement bodies regarding network and information security aspects that might have an impact on their work, the Agency should respect existing channels of information and established networks.
Amendment 53 #
2017/0225(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In view of the above, it is necessary to establish a harmonised European cybersecurity certification framework laying down the main horizontal requirements for European cybersecurity certification schemes to be developed and allowing certificates for ICT products and services to be recognised and used in all Member States. The European framework should have a twofold purpose: on the one hand, it should help increase trust in ICT products and services that have been certified according to such schemes. On the other hand, it should avoid the multiplication of conflicting or overlapping national cybersecurity certifications and thus reduce costs for undertakings operating in the digital single market. The schemes should be non-discriminatory and based on international and / or Union standards, unless those standards are ineffective or inappropriate to fulfil the EU’s legitimate objectives in that regard.
Amendment 55 #
2017/0225(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) ENISA should develop a certification scheme with a global perspective in order to prevent future trade barriers. In the process of developing the criteria for the certification scheme ENISA should engage in dialogue with relevant partners in the sector to ensure market feasibility.
Amendment 69 #
2017/0225(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Agency shall increase cybersecurity capabilities at Union level in order to complement and support the action of Member States in preventing and responding to cyber threats, notably in the event of cross- border incidents.
Amendment 80 #
2017/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) and cooperate with national data protection supervisory authorities, where necessary
Amendment 87 #
2017/0225(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) raise awareness of the public about cybersecurity risks, disseminate adequate measures for prevention of incidents, and provide guidance on good practices for individual users aimed at citizens and organisations;
Amendment 67 #
2017/0158(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Temporary admission of cultural goods for educational, scientific or academic research purposes or for the purpose of cooperation between non- profit museums or public institutions should not be subject to the presentation of a licence or of a statement.
Amendment 104 #
2017/0158(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) the storage, within the meaning of Article 237 of Regulation (EU) No 952/2013, of cultural goods for the express purpose of ensustoring their preservam for their protection by, or under the supervision of, a public authority.
Amendment 105 #
2017/0158(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Commission may adopt, by means of implementing acts, the specific modalities for the temporary admission or storage of cultural goods for their protection referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.
Amendment 108 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The importer statement must not be taken as proof of the legal origin or legal ownership of the goods.
Amendment 74 #
2017/0002(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In accordance with the principle of accountability, where Union institutions and bodies transmit personal data within or to other Union institutions or bodies, they should verify whether such personal data is required for the legitimate performance of tasks covered by the competence of the recipient where the recipient is not part of the controller. In particular, following a recipient’s request for transmission of personal data, the controller should verify the existence of a relevant EU legal ground ofor its lawful processing of personal data, the competence of the recipient and should make a provisional evaluation of the necessity for the transmission of the data. If doubts arise as to this necessity, the controller should seek further information from the recipient. The recipient should ensure that the necessity for the transmission of the data can be subsequently verified.
Amendment 77 #
2017/0002(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The Union law including the internal rules referred to in this Regulation should be clear and precise and its application should be foreseeable to persons subject to it, in accordance with the case-law of the Court of Justice of the European Union and the European Court of Human Rights.
Amendment 87 #
2017/0002(COD)
Proposal for a regulation
Recital 37 – paragraph 1
Recital 37 – paragraph 1
Legal acts adopted on the basis of the Treaties or internal rules of Union institutions and bodies may impose ad hoc restrictions concerning specific principles and the rights of information, access to and rectification or erasure of personal data, the right to data portability, confidentiality of electronic communications as well as the communication of a personal data breach to a data subject and certain related obligations of the controllers, as far as limited in time, necessary and proportionate in a democratic society to safeguard public security, the prevention, investigation and prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security, including the protection of human life especially in response to natural or manmade disasters, internal security of Union institutions and bodies, other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, the keeping of public registers kept for reasons of general public interest or the protection of the data subject or the rights and freedoms of others, including social protection, public health and humanitarian purposes.
Amendment 99 #
2017/0002(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to the processing of personal data by all Union institutions, agencies and bodies insofar as such processing is carried out in the exercise of activities which fall, wholly or partially within the scope of Union law.
Amendment 119 #
2017/0002(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Article 8 a new Transfer of personal data within or between Community institutions or bodies Without prejudice to Articles 4, 5, 6 and 10: 1. Personal data shall only be transferred within or to other Community institutions or bodies if the data are necessary for the legitimate performance of tasks covered by the competence of the recipient. 2. Where the data are transferred following a request from the recipient, both the controller and the recipient shall bear the responsibility for the legitimacy of this transfer. The controller shall be required to verify the competence of the recipient and to make a provisional evaluation of the necessity for the transfer of the data. If doubts arise as to this necessity, the controller shall seek further information from the recipient. The recipient shall ensure that the necessity for the transfer of the data can be subsequently verified. 3. The recipient shall process the personal data only for the purposes for which they were transmitted.
Amendment 129 #
2017/0002(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Processing of personal data relating to criminal convictions and offences or related security measures pursuant to Article 5(1) may be carried out only if authorised by Union law, which may include internal rules, providing the appropriate specific safeguards for the rights and freedoms of data subjects.
Amendment 137 #
2017/0002(COD)
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Legal acts adopted on the basis of the Treaties or, in matters relating to the operation of the Union institutions and bodies, internal rules laid down by the latter may restrict the application of Articles 14 to 22, 34 and 38, as well as Article 4 in so far as its provisions correspond to the rights and obligations provided for in Articles 14 to 22, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard:
Amendment 145 #
2017/0002(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Where a restriction is not provided for by a legal act adopted on the basis of the Treaties or by an internal rule in accordance with paragraph 1, the Union institutions and bodies may restrict the application of Articles 14 to 22, 34 and 38, as well as Article 4 in so far as its provisions correspond to the rights and obligations provided for in Articles 14 to 22, if such a restriction respects the essence of the fundamental rights and freedoms, in relation to a specific processing operation, and is a necessary and proportionate measure in a democratic society to safeguard one or more of the objectives referred to in paragraph 1. The restriction shall be notified to the competent data protection officer.
Amendment 151 #
2017/0002(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
Amendment 156 #
2017/0002(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Union institutions and bodies mayshall decide to keep their records of processing activities in a central register. In this case, they mayshall also decide to make the register publicly accessible.
Amendment 157 #
2017/0002(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Amendment 159 #
2017/0002(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
Union institutions and bodies shall ensure the confidentiality of electronic communications, in particular by securing their electronic communication networks.
Amendment 161 #
2017/0002(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
Union institutions and bodies shall protect the information related to end–users’ terminal equipment accessing their publicly available websites and mobile applications in accordance with Regulation (EU) XX/XXXX [new ePrivacy Regulation], in particular Article 8 thereof.
Amendment 170 #
2017/0002(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Following the adoption of proposals for aIn the course of the legislative actprocess and of recommendations or proposals to the Council pursuant to Article 218 TFEU and when preparing delegated acts or implementing acts, which have an impact on relating to the protection of individuals’natural persons' rights and freedoms with regard to the processing of personal data, the Commission shall consult the European Data Protection Supervisor.
Amendment 171 #
2017/0002(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Where an act referred to in paragraph 1 is of particular importance for the protection of individuals’ rights and freedoms with regard to the processing of personal data, the Commission mayshall also consult the European Data Protection Board. In such cases the European Data Protection Supervisor and the European Data Protection Board shall coordinate their work with a view to issue a joint opinion.
Amendment 175 #
2017/0002(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. The data protection officer may be a staff member of the Union institution or body, or fulfil the tasks on the basis of a service contract.
Amendment 181 #
2017/0002(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point g a (new)
Article 46 – paragraph 1 – point g a (new)
(ga) Ensure that the rights and freedoms of the data subjects are unlikely to be adversely affected by the processing operations.
Amendment 62 #
2016/2329(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that, in line with the assessment report drawn up by the European Parliamentary Research Service, the first reason for the differing levels of use of national and European protection orders is that victims and many professionals are unaware of the possibilities the Directive offers. Encourages, consequently, the setting in motion of dissemination campaigns targeting potential victims, and especially women for whom national protection orders are in force, legal operators, professionals involved in administration of justice, police officers, and members of the basic social services and emergency services who are the first to have dealings with victims.
Amendment 70 #
2016/2329(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recommends for this establishing a specific period within which the PDO shall be recognised and a procedure for notifying with utmost priority incidents that may affect people under protection. Notification of these incidents is key to ensuring equivalent protection measures in both the issuing and executing state;
Amendment 74 #
2016/2329(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Call for one standard form, valid in both criminal and civil cases and in all Member States, to be designed and used in applying for and recognising protection orders. A digital management system shall be employed in addition to facilitate coordination, standardise data collected and speed up both management of the orders and the preparation of operational statistics at EU level.
Amendment 76 #
2016/2329(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to set up a National Registry System of EPOs with the aim of collecting data, as well as to improve the exchange of information with the Commission and the Member States; calls on the Member States to collect and to communicate regularly to the Commission data related to the number of European protection orders requested, issued and enforced, as well as information on the types of crimes;
Amendment 90 #
2016/2329(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that victims of crime who have or would consider obtaining a national protection order need to be informed and reminded of the possibility of requesting an EPO during criminal proceedings; stresses that the protected person should not have to bear financial costs when he or she requests the issuing of a European Protection Order;
Amendment 99 #
2016/2329(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Encourages the Member States to notify protected persons of additional social assistance resources available in the host state, such as family allowances, accommodation, etc., as these measures lie outside the scope of the EPO.
Amendment 101 #
2016/2329(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Points out that as part of the protection and complementary social work special attention needs to be paid to the children of victims of criminal acts and especially when at risk of sexual assault.
Amendment 113 #
2016/2329(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Points out that legal aid is vital in applying for and dealing with the procedures for an EPO. All victims in the EU must have free access to legal aid. Stresses that proving compliance with this requirement has to be one of the priorities of the report on application of the Directive due in January 2016 and which the Commission was yet to deliver.
Amendment 129 #
2016/2329(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Encourages, in line with the oft repeated views of associations for victims of gender violence, the testing of procedures that change the traditional approach to how protection is viewed in most Member States. Rather than focusing on measures for victims, as is often the case, risk-avoidance techniques ought to include prevention, surveillance, control and monitoring of the persons inflicting harm, and that the preventive measures employed ought to include, as a priority, mandatory re-education for perpetrators;
Amendment 148 #
2016/2329(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the Member States to facilitate the issuance of European Protection Orders to protect family members living with a victim who is already protected by a European Protection Order;
Amendment 164 #
2016/2329(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Insists that collection of statistical data needs to be improved in order to assess the extent of the problem and the results of action to reduce gender-based violence, for which standardisation of EPO forms, standardisation and digitalisation of procedures, convergence of judicial frameworks on gender-based violence, and enhanced coordination are all essential;
Amendment 168 #
2016/2329(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Calls, as a matter of urgency, for action conducive to the progressive convergence of legislation on violent behaviour resulting in protection orders; attacks which target women in particular are a serious matter and should be punished as a crime in all Member States, and protection measures in cases of gender-based violence should also be issued by the courts;
Amendment 1 #
2016/2328(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the UN Convention on the Right of the Child;
Amendment 2 #
2016/2328(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted on 29 November 1985,
Amendment 3 #
2016/2328(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- Having regard to the European Parliament Resolution on the EU accession to the Istanbul Convention to prevent and combat violence against women and domestic violence of 12 September 2017;
Amendment 4 #
2016/2328(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims,
Amendment 5 #
2016/2328(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings,
Amendment 6 #
2016/2328(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters,
Amendment 7 #
2016/2328(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- Having regard to Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children online and offline and to the European Parliament Resolution on the implementation of the Directive of 14 December 2017;
Amendment 10 #
2016/2328(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the European Parliament study of September 2017 entitled 'How can the EU and the Member States better help victims of terrorism?'
Amendment 12 #
2016/2328(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- Having regard to the study by the European Union Agency for Fundamental Rights (FRA) entitled ‘Child-friendly justice -Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States’, published in February 2017,
Amendment 13 #
2016/2328(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
- Having regard to the FRA Fundamental Rights Report 2017, published June 2017
Amendment 36 #
2016/2328(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there is still a systematic underreporting of incidences or perpetrators of domestic violence in the EU, particularly in cases involving minorities, LGBT persons, antisemitic offences, child sexual abuse and gender- based violence;
Amendment 57 #
2016/2328(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the ratification and full implementation of the Istanbul Convention provides a coherent European legal framework to prevent and combat violence against women and to protect the victims;
Amendment 62 #
2016/2328(INI)
Motion for a resolution
Recital I – indent 4
Recital I – indent 4
- ensuring equal accessibility for all victims to victim support services, particularly in the cases of child victims, LGBT victims and victims of hate crimes and honour- related crimes;
Amendment 85 #
2016/2328(INI)
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
- the fact that clear information is often not provided in more than one language, making it de facto difficult for victims to seek protection abroad in another Member State;
Amendment 96 #
2016/2328(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encouragescalls on the Member States to promote access to justice, as this contributes greatly to breaking the silence and increasing the victim’s sense of justice, decreases the possibility of impunity and allows the victim to begin the process of psychological recovery;
Amendment 106 #
2016/2328(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the Member States to clarify their national provisions on extraterritoriality so as to guarantee the right of victims of crimes committed in a Member State other than that in which they reside to lodge complaints with the competent authorities of the Member State of residence;
Amendment 114 #
2016/2328(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that one of the most important objectives of the Victims’ Rights Directive wais to improve the position of victims of crime across the EU and to place the victim at the centre of the criminal justice system;
Amendment 119 #
2016/2328(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Member States to step up criminal procedure law measures guaranteeing the protection of child victims throughout the entirety of criminal proceedings and thereafter to ensure that they receive assistance and support, thereby avoiding that child victims are exposed to secondary victimisation;
Amendment 131 #
2016/2328(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to pay particular attention to the individual assessment of minorschildren and of child victims of human trafficking, child sexual abuse and exploitation; recalls that child victims shall be always considered to have specific protection needs due to their vulnerability as foreseen in art.22 par 4 of the Directive;
Amendment 132 #
2016/2328(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to pay particular attention to the individual assessment of minors and of child victims of human traffickingany form of crime, and stresses the need to deal with children and young victims in a way that takes proper account of their vulnerability;
Amendment 136 #
2016/2328(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the fact that individual assessments are crucial as they help the victim realise that he or she has certain rights, and the right to make decisions, in the proceedings they are involved in and, if a child, the right to have access to the specific procedural safeguards that would apply to them from the very beginning of the legal proceedings;
Amendment 143 #
2016/2328(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victims, as a means of reducing post-traumatic stress; recalls that particular attention should be given to training professionals dealing with victims of child-related crimes, especially in cases of sexual abuse and sexual exploitation; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- set;
Amendment 146 #
2016/2328(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victimsprovide victims with information about their rights and the services which they can access and to empower them, as a means of reducing post-traumatic stress; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- set;
Amendment 157 #
2016/2328(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Member States to guarantee access for victims of crimes committed in another Member State to information concerning their rights and to the support services and compensation schemes available in the Member State in which the crime was committed; calls, in this regard, on the Member States to take appropriate action to facilitate cooperation between their competent authorities or entities providing specialist support to ensure that victims have effective access to such information and services;
Amendment 162 #
2016/2328(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reminds the Member States of the requirement to provide translation and interpretation services free of charge, noting that lack of information in other languages may constitutes an obstacle for the effective protection of the victim and a form of discrimination against the victim;
Amendment 163 #
2016/2328(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Commission and the Member States to engage actively in information campaigns to increase awareness about the rights of victims as established by EU law; stresses that such awareness-raising campaigns should also be organised in schools to inform children of their rights and also provide them with tools to detect all forms of crime they have suffered or witnessed;
Amendment 166 #
2016/2328(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Commission and the Member States to engage actively in information campaigns to increase awareness about the rights of victims as established by EU law, including the specific needs of child victims;
Amendment 171 #
2016/2328(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Member States to exchange best practices on establishing mechanisms to encourage and facilitate for victims to report the crimes they have suffered; Calls on the Member States to step up specific measures to protect more effectively child victims of child sexual abuse by also improving the role of national helplines, given that self- reporting of children is limited;
Amendment 173 #
2016/2328(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a Reminds the Member States that particular attention should be paid to the risk of intimidation and retaliation and to the need to protect the dignity and physical integrity of victims, including during questioning and when testifying, in order to determine whether and to what extent they should receive protection measures during the criminal proceedings;
Amendment 177 #
2016/2328(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to counteract the judicial and practical flaws in the implementation of this directive by a proper interplay of the various EU victim- protection instruments, such as Directive 2011/99/EU of 31 December 2011 on the European Protection Order, Directive 2011/36/ EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, Directive 2011/93/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and Directive 2014/42/EU of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime; calls on the Member States to implement these important instruments, including the Istanbul Convention on preventing and combating violence against women and girls, with coherence in order to ensure that victims in Europe fully enjoy their rights;
Amendment 183 #
2016/2328(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to put in place measures to ensure that written and oral communications comply with simple language standards taking in consideration vulnerable groups such as children and people with disabilities, so that victims can be kept informed in an adequate and targeted manner before, during and after criminal proceedings;
Amendment 188 #
2016/2328(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the seven Member States that have not yet done so to consider stalking a criminal offense on the basis of the relevant provisions in the directive on the right to protection of privacy, the right to protection and, in particular, the right to avoid contact with the offender and as called for under art.34 of the Istanbul Convention to prevent and combat violence against women and girls;
Amendment 194 #
2016/2328(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States to guarantee assistance to victims from victim support services before, during and after criminal proceedings, including psychological support; deplores the fact that in some countries, governments rely heavily on NGOs to provide key support services to victims (‘volunteerism’)underlines the important role of civil society in victims support; considers nevertheless that governments shall not rely only on NGOs to provide key support services to victims (‘volunteerism’) and shall build capacity to develop victims support mechanisms, involving law enforcement authorities, health and social services and civil society;
Amendment 216 #
2016/2328(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Member States to establish coordinated mechanisms to collect information on victims of a terrorist attack taking place in their territory, and to provide victims, through the creation and development of a one-stop shop, a web portal and an emergency telephone line, with specific information relevant to their needs, including psychological first aid and referral possibilities in the immediate aftermath of the attack and during any criminal proceedings;a confidential, free of charge and easily accessible support service1 a. This support service must be able to provide assistance and support to victims of terrorism in accordance with their specific needs, such as emotional and psychological support, advice and information on any legal, practical or financial matters in the immediate aftermath of the attack and during any criminal proceedings, and assistance in national compensation claim procedures; _________________ 1a Support service as provided for in Article 24 of Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism.
Amendment 223 #
2016/2328(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Member States to establish coordination mechanisms to ensure effective transition of support for victims from immediate care in the aftermath of a crime to assistance as needed in the longer term; stresses that such mechanisms should, in particular, ensure the referral of victims to long-term services whereby different organisations provide support during different phases, noting that these mechanisms should also have a cross-border functionality in order to provide victim support services, and guarantee the victim’s right to be informed, assisted and compensated in their place of residence when the crime has taken place in a Member State other than the one in which the victim resides;
Amendment 229 #
2016/2328(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Calls on the Commission to propose the creation of a European fund for assistance to victims of terrorism;
Amendment 232 #
2016/2328(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Member States to establish a permanent dedicated website on which all public information on support services established following a terrorist attack that has taken place in that Member State can be accessed;
Amendment 235 #
2016/2328(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Calls on the Commission to begin a dialogue with the Member States in order to reduce the strong disparities2 a in national financial compensation granted by each Member State to victims of terrorist attacks; _________________ 2aNational financial compensation ranges from the symbolic amount of one euro in some Member States up to EUR 250 000 or more in others.
Amendment 237 #
2016/2328(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on all Member States and the EU to ratify and fully enforce the Council of Europe Istanbul Convention to prevent and combat violence against women and girls and protect victims;
Amendment 244 #
2016/2328(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Calls on the Commission to submit a legal act to support Member States in the prevention and suppression of all forms of violence against women and girls and of gender-based violence;
Amendment 110 #
2016/2325(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes a lack of visibility as to the continuation of the launch vehicle programme in Europe beyond the next 3 to 4 years (Ariane 6 and Vega C) and as to the financial situation for this programme; expresses concern at the lack of any mid- to long-term launch programme; urges the Commission to come forward with a work programme for launch vehicles in Europe for the next 20 years;
Amendment 12 #
2016/2225(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the progress of communication technologies and the ubiquitous use of electronic devices, monitoring gadgets, social media, web interactions and networks, including devices which communicate information without human interference, have led to the development of massive, ever-growing data sets which, through advanced processing techniques and analytics, provide unprecedented insight into human behaviour and our societies; whereas third countries and Member States' intelligence services have been increasingly relying on the processing and analytics of such datasets, outside of any legal framework, or most recently through the adoption of legislations for which compatibility with EU primary and secondary law raises concerns and remains to be ascertained;
Amendment 26 #
2016/2225(INI)
Motion for a resolution
Recital D
Recital D
D. whereas big data has the potential to bring undeniable benefits and opportunities for citizens, businesses and governments, but also entails significant risks, namely with regard to the protection of fundamental rights as guaranteed by the EU Charter and Union law; whereas the interest of the individual as well as the protection of fundamental rights ought to be further scrutinized in the context of big data mergers;
Amendment 118 #
2016/2225(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the fundamental role that the Commission, the European Data Protection Board and other independent supervisory authorities should play in the coming years and decades to promote transparency, due process and legal certainty concerning concrete standards protecting fundamental rights and guarantees associated with the use of data processing and analytics;
Amendment 140 #
2016/2225(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Invites the European Commission to consider taking into account data protection and consumer protection standards in the context of relevant merger control cases and cases of exploitative abuse as understood by competition law under Article 102 TFEU; believes that the Merger Regulation should be further interpreted to protect the rights under the EU Charter to privacy, data protection and freedom of expression online;
Amendment 149 #
2016/2225(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges that data loss and theft, infection by malware, unauthorised access to data and unlawful surveillance are some of the most pressing risks associated with contemporary data processing activities, such as big data techniques; believes that tackling such threats requires genuine and concerted cooperation between the private sector, governments, law enforcement authorities and independent supervisory authorities; takes the view that the use of end-to-end encryption should also be encouraged and when necessary, mandated, in accordance with the principle of data protection by design; recommends in this regard that any future legislative framework specifically prohibit encryption providers, communications service providers and all other organisations (at all levels of the supply chain) from allowing or facilitating 'back-doors';
Amendment 156 #
2016/2225(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Reminds that in accordance with Article 15 of Directive 2001/31/EC, Member States shall not impose a general obligation on providers of transmission, storage and hosting services to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity; reiterates in particular that the Court of Justice of the European Union, in its Judgments C-360/10 and C- 70/10, rejected measures for the 'active monitoring' of almost all users of the services concerned (internet access providers in one case, a social network in the other) and specified that any injunction requiring a hosting services provider to undertake general monitoring shall be precluded;
Amendment 160 #
2016/2225(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Highlights that the increase of data generation and data flows due to technological development, and in particular the Internet of Things, also implies further vulnerabilities and new cyber security challenges; recommends in this regard to adapt and further develop minimum security standards to ensure big data development does not increase exposure to cyber security risks;
Amendment 170 #
2016/2225(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Union and the Member States to identify and minimise algorithmic discrimination and bias and to develop a strong and common ethics framework for thea transparent processing of personal data and automated decision-making;
Amendment 174 #
2016/2225(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Open government data Emphasises the need to ensure that big data developments effectively contribute to a greater access to data produced or commissioned by government or government controlled entities which can be freely used, reused and redistributed by anyone, thus strengthening the principle of open government data, and enhancing transparency, e-governance as well as social and commercial value;
Amendment 194 #
2016/2225(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Reminds that legislation permitting the public authorities to have access on a generalised basis to the content of electronic communications must be regarded as compromising the essence of the fundamental right to respect for private life, as guaranteed by Article 7 of the Charter;
Amendment 197 #
2016/2225(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the absolute need to protect law enforcement databases from data loss and theft, infection by malware and unauthorised access to data by non- authorised persons; believes that tackling such concerns requires genuine, concerted cooperation between law enforcement authorities and independent supervisory authorities; insists in the regard on the need to guarantee adequate security for personal data, in accordance with Regulation(EU) 2016/679 and Directive (EU) 2016/680, as well as to minimize vulnerabilities through secured and decentralized database architectures;
Amendment 3 #
2016/2221(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work,
Amendment 9 #
2016/2221(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to its resolution of 19 January 2017 on a European Pillar of Social Rights1a, __________________ 1a Texts adopted, P8_TA(2017)0010
Amendment 39 #
2016/2221(INI)
Motion for a resolution
Recital A
Recital A
A. whereas non-standard, atypical forms of employment have been emerging, whereby the number of workers with – often involuntary – fixed- termed and part- time contracts has increased considerably in the EU over the past 15 years; whereas standard employment across a number of sectors has shifted to non-standard or atypical forms of employment, and whereas, if this trend continues, it is likely that the risk of precariousness will increase8; __________________ 8 Study for the EMPL Committee on precarious employment in Europe, July 2016, http://www.europarl.europa.eu/RegData/et udes/STUD/2016/587285/IPOL_STU%28 2016%29587285_EN.pdf
Amendment 69 #
2016/2221(INI)
Motion for a resolution
Recital C
Recital C
C. whereas increases in employment rates mask the insufficient and socially inadequate response to the economic crisis, promoting precarious forms of employment such as zero-hour contracts, bogus self-employment, temporary agency work and involuntary part-time jobs, which do not provide workers with either a decent living or full labour rights;
Amendment 180 #
2016/2221(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that numerous factors, such as digitalisation, are contributing to a radical transformation of work, with an increase in non-standard forms of employment trends that will intensify unless new regulation is put into place; calls on the Commission and the Member States to ensure that work being transformed through digitalisation, and new employment being created as a result of it, is decglobal competition and austerity policies, have helped to accelerate the development of certain form of employment;
Amendment 197 #
2016/2221(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that digitalisation must not be seen simply as something that destroys jobs, and stresses, on the contrary, that it affords opportunities for the development and extension of individual skills;
Amendment 215 #
2016/2221(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that social protection, and protection by collective agreements and collective bargaining, should be available to all workers; calls on the Commission and the Member States to guarantee effective protection for workers who perform work in the context of an employment relationship, and a comprehensive policy response that includes policies towards reducing and ultimately eradicating precarious work; calls for policies that empower workers by strengthening social dialogue and promoting the extension of collective bargaining, ensuring that all workers can access and exercise their right to associate, and to bargain collectively, freely and without feartake part in collective bargaining, and ultimately in the drafting of European collective agreements paving the way for the establishment of a genuine European social democracy;
Amendment 219 #
2016/2221(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that social protection, and protection by collective agreements and collective bargaining, should be available to all workers; calls on the Commission and the Member States to guarantee effective protection forand equal pay for male and female workers who perform work in the context of an employment relationship, and a comprehensive policy response that includes policies towards reducing and ultimately eradicating precarious work; calls for policies that empower workers by strengthening social dialogue and promoting the extension of collective bargaining, ensuring that all workers can access and exercise their right to associate, and to bargain collectively, freely and without fear;
Amendment 253 #
2016/2221(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Emphasises the potential that the collaborative economy has, in particular as regards new jobs; calls on the Commission and the Member States to assess the potential new employment rules created by the collaborative economy; strongly emphasises the need to increase the protection afforded to workers in this sector by stepping up transparency with regard to their status, the information they are given and non-discrimination;
Amendment 273 #
2016/2221(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines the need for public investments promoting upwards convergence, the social cohesion of the Union and, the creation of decent work and the ultimate establishment of a Social Europe;
Amendment 274 #
2016/2221(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines the need for public investments, including via the European Structural and Investment Funds, promoting upwards convergence, the social cohesion of the Union and the creation of decent work;
Amendment 312 #
2016/2221(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to ensure effective protection to workers especially affected by uncertainty and precariousness, giving special priority to women workers, young workers, poor workers, older workers, workers in the informal economy, migrant workers and workers with disabilities;
Amendment 316 #
2016/2221(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission, in particular, and the Member States to take steps to combat insecure employment among young people; underscores how important it is for the Commission to implement the youth guarantee in this regard;
Amendment 4 #
2016/2219(INI)
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
- having regard to the UN Convention on the Rights of the Child and to the Parliament's resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child1a, __________________ 1a Texts adopted, P8_TA(2014)0070.
Amendment 52 #
2016/2219(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 137 #
2016/2219(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas millions of children around the world continue to suffer from all forms of violence, including the consequences and burden of war and its atrocitiesaccording to UNICEF's estimates 250 million children are living in countries affected by conflict, nearly 50 million children have either been forcibly displaced by violence and conflict or have migrated across borders and many continue to suffer from all forms of violence, exploitation, abuse, discrimination and poverty;
Amendment 146 #
2016/2219(INI)
Motion for a resolution
Recital Q d (new)
Recital Q d (new)
Qd. whereas, according to UNICEF, 1 in 200 children in the world is a child refugee, nearly one third of the children living outside their country of birth is a refugee and the number of child refugees doubled between 2005 and 2015;
Amendment 262 #
2016/2219(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the EUSR to consult systematically with civil society, including local civil society organisations, and youth and children, and relevant international organisations ahead of his visits to third countries;
Amendment 283 #
2016/2219(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates its support for dedicated Human Rights Dialogues as a tool of the EU’s human rights policy; acknowledges that they can be an efficient tool for bilateral engagement and cooperation, provided they allow counterparts to engage on issues of substance and send meaningful political messages, rather than merely exchanging information on best practices and challenges; invites the EU to systematically include discussions on the situation of the rights of women and children's rights in all Human Rights Dialogues;
Amendment 295 #
2016/2219(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the EU Guidelines on human rights as a valuable EU human rights foreign policy tool providing practical guidance for EU delegations and for the Member States’ diplomatic representations; reiterates its call for the adoption of new EU Guidelines for the Promotion and Protection of the Rights of the Child without further delay;
Amendment 305 #
2016/2219(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Foreign Affairs Council and the VP/HR to request that the EU Heads of Mission and appropriate EU representatives (heads of EU Civilian Operations, Commanders of EU Military Operations and EU Special Representatives) report on cases of serious violation of international humanitarian law, and to promote the Code of Conduct regarding Security Council action against genocide, crimes against humanity or war crimes, committing UN Member States to support action by the Security Council aimed at preventing or ending such crimes; calls for the integration of child safeguarding policies in the operations of all EU civilian and military operations in contact with children;
Amendment 398 #
2016/2219(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Recalls that criminal networks are taking advantage of the lack of safe migration channels, and of the vulnerability of women, girls and children, in order to subject them to trafficking and sexual exploitation; calls on the Member States to step up judicial and police cooperation and information sharing to combat traffickers and to prevent children from going missing;
Amendment 400 #
2016/2219(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Is deeply concerned about the growing numbers of child refugees; highlights the importance of allocating adequate resources to the protection of refugee and migrant children from violence, exploitation and abuse; stresses the importance of providing children with access to health care and education as part of EU programmes to address the root causes of migration;
Amendment 401 #
2016/2219(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35b. Is extremely concerned about the situation of unaccompanied, missing or separated children; calls on Member States to end the detention of children as part of migration management practices, as well as to take into account the best interest of the child in all procedures and ensure protection for children;
Amendment 465 #
2016/2219(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Supports the swift, effective and comprehensive implementation of the UN Guiding Principles on Business and Human Rights and Children's Rights and Business Principles; urges all UN member states, including the EU Member States, to develop and implement national action plans; considers that trade and human rights can go hand in hand and that the business community has an important role to play in promoting human rights and democracy;
Amendment 536 #
2016/2219(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Reaffirms its condemnation of all forms of abuse and violence against women and girls, especiallyincluding female genital mutilation (FGM) and child marriage, as well as the use of sexual violence as a weapon of war and domestic violence, and; calls on the EU and its Member States swiftly to ratify the Istanbul Convention in order to ensure coherence between EU internal and external action on violence against women and girls;
Amendment 550 #
2016/2219(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Reaffirms the urgent need for universal ratification and effective implementation of the UN Convention on the Rights of Child and its Optional Protocols, and requests that the EU systematically consult with relevant local and international child rights organizations and raises, in its political and human rights dialogues with third countries, the issue of State parties’ obligations to implement the Convention; welcomes the ratification of the Convention by South Sudan and Somalia; reiterates its call to the Commission and the VP/HR to explore ways and means for the EU to accede to the UN Convention on the Rights of the Child;
Amendment 554 #
2016/2219(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Reiterates its request that the Commission propose a comprehensive Child Rights Strategy and Action Plan for the next five years, in order to prioritise children’s rights within EU exboth EU external and internal policies and to promote children’s rights, in particular by contributing to ensuring children’s access to water, sanitation, healthcare and education, including in conflict zones and refugee camps, and eliminating child labour, torture, trafficking, early and forced marriage, female genital mutilation and sexual exploitation;
Amendment 557 #
2016/2219(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Requests that the EU continue to publicisromote the EU-UNICEF Child Rights toolkit ‘Integrating Child Rights in development Cooperation’ through its external delegations and to train EU delegation staff adequately in this field;
Amendment 704 #
2016/2219(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Expresses the need for international assistance in efforts to search for and liberate women and children who still remain in the captivity of ISIS and other violent groups, and in promoting special programmes for treatment within the European Union of former captives; expresses concern over the recruitment of children by terrorist groups and their participation in terrorist and military activities; stresses the need to establish policies to guide the search for, and the liberation, rehabilitation and reintegration of these children;
Amendment 2 #
2016/2145(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses that high standards of quality, reliability, confidentiality, security and protection of personal data are needed for consumer confidence in this European Cloud initiative
Amendment 11 #
2016/2145(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. is concerned by the extraterritorial reach of law enforcement authorities to access data in the context of criminal investigations and underlines the need to implement strong rules regarding access to data stored in European data centres in the framework of the European Cloud initiative
Amendment 25 #
2016/2145(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Emphasizes that the European Cloud initiative should be accompanied by a complete and inclusive cyber security strategy, as we need reliable data infrastructures that can be used without exposing the activities and data stored in the Cloud to data loss, intrusion or attacks.
Amendment 5 #
2016/2140(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regards to the Convention on the Rights of the Child, the General Comment no. 16 of the UN Committee on the Rights of Child,
Amendment 40 #
2016/2140(INI)
Motion for a resolution
Recital D
Recital D
D. whereas most human rights violations in the garment sector are labour- rights related and include the denial of workers fundamental right to join or form a union of their choosing and bargain collectively in good faith; whereas this has led to widespread labour rights violations ranging from poverty wages, wage theft, unsafe workplaces, physical and sexual harassment, to precarious work;
Amendment 67 #
2016/2140(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas children's rights are an integral part of human rights and ending child labour should remain an imperative; whereas the work of children requires specific regulations with regards to age, working time and types of work;
Amendment 111 #
2016/2140(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to present a legislative proposal on binding due diligence obligations for supply chains in the garment sector aligned with OECD guidelines and internationally agreed standards on human rights and social and environmental standards; this proposal should focus on the core problems garment workers face (occupational health and safety, a living wage, freedom of association, protection from sexual harassment and violence) and should address the following matters: key criteria for sustainable production, transparency and traceability, including collection of data and tools for consumer information, due diligence checks and auditing, access to remedy; gender equality, children's rights, supply-chain due diligence reporting; awareness raising; notes, however, with concern that a lot more needs to be done and urges the Commission to take further actions which have a direct impact on workers’ lives;
Amendment 127 #
2016/2140(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages the EU and its Member States to promote, through policy dialogue and capacity building, the take-up and effective enforcement of international labour standards and human rights by partner countries based on ILO Conventions, in particular ILO Conventions 138 and 182, and recommendations; stresses in this context that respecting the right to join and form a union and engage in collective bargaining is a key criterion for business accountability;
Amendment 139 #
2016/2140(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to deliver on its objective to foster improvements in the ready-made garment sector, including through a strong gender and children focus; calls on the Commission to make gender equality and children's rights a central focus of its flagship legislative initiative;
Amendment 148 #
2016/2140(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the need to enhance codes of conduct, labels and fair trade schemes, and of ensuring alignment with international standards such as the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, the Children's Rights and Business Principles developed by UNICEF, the UN Global Compact and Save the Children, and the upcoming OECD due diligence guidance for the garment and footwear sector;
Amendment 64 #
2016/2009(INI)
Motion for a resolution
Citation 37 a (new)
Citation 37 a (new)
- having regard to its resolution of 11 September 2013 on endangered European languages and linguistic diversity in the European Union,
Amendment 712 #
2016/2009(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Condemns any forms of discrimination against children and calls on the Commission and Member States to make a united action to eradicate discrimination against children; In particular, calls on the Member States and the Commission to explicitly consider children as a priority when programming and implementing regional and cohesion policies, such as the European disability strategy, the EU framework for national Roma integration strategies and the EU's equality and non-discrimination policy; reiterates the importance of protecting and promoting equal access to health care, dignified accommodation and education for Roma children;
Amendment 725 #
2016/2009(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls on the Member States to uphold their obligations and combat any form of violence against children, such as physical and sexual abuse, forced marriages, child labour, sexual exploitation, honour killing, FGM and child soldiers; stresses on the importance of including formal provisions to prohibit and sanction corporal punishment against children;
Amendment 734 #
2016/2009(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Calls on the Commission to ensure coordination within its different services with a view to effectively mainstreaming children's rights in all EU legislative proposals, policies and financial decisions; reiterates its call on the Commission to present a new European Strategy for the Rights of the Child;
Amendment 736 #
2016/2009(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for child-friendly juvenile justice systems in which children understand their rights and their role when they are involved as victims, witnesses or alleged offenders; calls for the adoption of special measures in both criminal and civil proceedings to protect children from unnecessary stress and repeated victimisation;, taking into account the Directive 2016/800 on procedural safeguards for children suspected or accused in criminal proceedings
Amendment 738 #
2016/2009(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for the 116 emergency hotline to be accessible EU-wide 24/7 for children and for the use of anonymised chat lines on Internet, as these are much more convenient for children in stress and should be set up as a unified system in the EU using official and minority languages; calls on Member States to support the European common number 116111 dedicated to child helplines, by strengthening hotlines and chatlines capacities and European network and by allocating sufficient funds
Amendment 750 #
2016/2009(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Considers that children's personal data online must be duly protected and that children need to be informed in a child-friendly manner about the risks and consequences of using their personal data online; stresses that online profiling of children should be prohibited; calls on the industry to take their shared responsibility and refrain from addressing misleading and aggressive advertising towards children;
Amendment 753 #
2016/2009(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for a code of conduct on protecting children’s rights online and offline in cyber space, and recalls that in the fight against cybercrime by law enforcement authorities special attention needs to be paid to crimes against children; calls on the Member States to increase their police and judicial cooperation cross border to prevent and combat cybercrime;
Amendment 756 #
2016/2009(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Calls on Member States to fully implement Directive 2011/93/EU on combating sexual abuse and sexual exploitation of children and child pornography; calls on the law- enforcement authorities, both at national and EU-level to invest in new technologies to fight crimes in the dark web and deep web; stresses that Eurojust and Europol must be given appropriate resources to improve the identification of victims, to fight organized networks of sexual abusers and to accelerate the detection, analysis and referral of child abuse material on- and offline;
Amendment 761 #
2016/2009(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Highlights that the announcement byUrges the Member States to take immediate action in response to the Europol Report that at least 10 000 unaccompanied children went missing in the EU in 2015 has clearly shown that; calls on Member States and European agencies have to step up their efforts urgently in terms of cross-border cooperation, information exchanges and joint investigations and operations in order to fight child trafficking in human beings; notes that appointing, sexual abuse and other forms of exploitation and to protect children; calls on Member States to expedite the appointment of qualified guardians to unaccompanied children is an important safeguard toand ensure theirat the best interests; calls for registration and the use of convenient and dependable identification tools for children of all ages until of the child is always taken into account; calls on Member States to register and identify with finger prints children in a child- friendly way to ensure that they enter the inclusnational procestection systems in order to prevent their disappearance; recommends to reinforce existing tools for missing children including the European hotlines for missing children;
Amendment 777 #
2016/2009(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Highlights that traditional national minorities who have been living together with or alongside traditional majority cultures for centuries in Europe are facing the negative consequences of the migration crisis, i.e. mistrust towards non- majority autochthonous minorities; believes that the solution to this problem lies in the establishment of minimum standards on protecting the rights of traditional minorities, as preserving European heritage gives added value to diversity;e fact that the fundamental rights of persons belonging to minority groups are still being violated
Amendment 787 #
2016/2009(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Stresses that in its resolution of 11 September 2013, the European Parliament reminded that the Commission should pay attention to the fact that with their policies, some Member States and regions are endangering the survival of languages inside their borders, even if those languages are not in danger in the European context and called on the Commission to consider the administrative and legislative obstacles posed to projects relating to these languages. Deplores that this is still an ongoing issue and urges the Member States to take all necessary actions in order to take into thorough consideration the minority rights perspective and to ensure the right to use a minority language and protect linguistic diversity within the Union.
Amendment 140 #
2016/0413(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – indent 3
Article 2 – paragraph 1 – point a – indent 3
- commodities used as highly liquid stores of value referred to in Annex I, particularly gold;
Amendment 167 #
2016/0413(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where unaccompanied cash of a value of EUR 10 000 or more is entering or leaving the Union, the competent authorities of the Member State through which the cash is entering or leaving may, following a risk analysis, require the sender orsender or his representative shall declare the amount to the competent authorities of the Member State of departure, in the case of a consignment leaving the Union, or of destination in the case of a consignment entering the Union, and shall attach a copy of his declaration to his consignment. If, at the time of a control resulting in the discovery of an undeclared sum, the competent authorities of the Member State of destination or of the Member State of departure are unable to contact the sender, they may require the recipient orf their sum or his representative to make a disclosure declaration. The o within a time limit which they shall set and which shall not exceed 30 days. The cash shall remain at the disposal of the competent authorities for purposes of checking until the recipient or his representative has signed this declaration or, if no declaration is made, until the expiry of the time limit. Obligations to declare shall not be deemed to be fulfilled if the information provided is incorrect or incomplete or the cash is not made available for control. .
Amendment 170 #
2016/0413(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
Amendment 177 #
2016/0413(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The obligation referred to in paragraph 1 shall not apply to the institutions referred to in Article 3(1) and (2) of Directive (EU) 2015/849.
Amendment 180 #
2016/0413(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 188 #
2016/0413(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The competent authorities may seize and temporarily retain cash by an administrative decision in accordance with the conditions laid down in national legislation where:
Amendment 193 #
2016/0413(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The administrative decision referred to in paragraph 1 shall be, accompanied by a statement of reasons, shall be communicated to the person affected at the time it is issued, and shall be subject to effective remedy in accordance with procedures provided for in national law.
Amendment 196 #
2016/0413(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The period of temporary retention shall be strictly limited to the time required for competent authorities to determine whether the circumstances of the case warrant further retention. The maximum period of temporary retention shall be laid down by national law; it may not be longer than 390 days. If no determination is made regarding further retention of the cash within that period or if a determination is made that the circumstances of the case do not warrant further retention, the cash shall immediately be made available to the declarant.
Amendment 202 #
2016/0409(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) SIS should contain alerts on missing persons to ensure their protection or to prevent threats to public security. Issuing an alert in SIS for children at risk of abduction (i.e. in order to prevent a future harm that has not yet taken place as in the case of children who are at risk of parental abduction) should be limited, therefore it is appropriate to provide for strict and appropriate safeguards. In cases of children, these alerts and the corresponding procedures should serve the best interests of the child having regard to Article 24 of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child of 20 November 1989. Law enforcement authorities' decisions on the follow up to an alert related to a child shall be taken in cooperation with child protection authorities and the national hotline for missing children shall be informed. In case of missing unaccompanied minors the purpose for competent authorities to access the data inserted in SIS shall be to protect children and their best interest;
Amendment 250 #
2016/0409(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure a safe environment for all persons residing on the territory of the European Union and special protection for children who could be victim of trafficking or parental abduction while fully respecting the protection of personal data. Facial images, fingerprints, palm prints and DNA of children shall be collected, stored, retrieved and used only for the purpose of the protection of the child and her/his best interest
Amendment 363 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point c a (new)
Article 32 – paragraph 2 – point c a (new)
(c a) missing children, including: (i) Runaways (ii) Missing children in the context of migration (iii) Abductions by a third person (iv) Lost, injured or otherwise missing children
Amendment 368 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. PAn alert on a child referred to in paragraph 2(ad) shall apply in particular to children and to persons who have to be interned following a decision by a competent authority.be entered at the request of the competent authorities of the Member State. The competent child protection authorities, including the national 116 000 hotline and, in case of missing unaccompanied children, the guardian, shall be informed;
Amendment 380 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Member States shall ensure that the data entered in SIS indicate which of the categories referred to in paragraph 2 the missing person falls into. Further, Member States shall also ensure that the data entered in SIS indicate which type of missing or vulnerable person case is involved. The rules on the categorisation of the types of cases and the entering of such data shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in Article 72(2)An alert on a child referred to in paragraph 2(d) needs to indicate to which category of missing child the alert falls into.
Amendment 384 #
2016/0409(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where a person as referred to in Article 32 is located, the competent authorities shall, subject to paragraph 2, communicate his or her whereabouts to the Member State issuing the alert. In the case of missing children or children who need to be placed under protection the executing Member State shall consult immediately the issuing Member Statechild protection authorities and the national 116 000 hotline for missing children in order to agree without delay on the measures to be taken in order to safeguard the best interest of the child. The competent authorities may, in the cases referred to in Article 32(2)(a), (c) and (cd), move the person to a safe place in order to prevent him or her from continuing his journey, if so authorised by national law. . If the alert concerns a child, the decision on the safe place shall take in consideration the vulnerability of the child and his or her best interest.
Amendment 119 #
2016/0397(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The new provisions on unemployment benefit for cross-border workers could in some cases worsen the conditions for their return to the labour market. It is essential, therefore, to enhance administrative cooperation between the competent authorities responsible for supporting cross-border workers and for the regulatory framework to facilitate, for example, the steps to be completed in the Member State of residence, by clarifying the competence of the public employment service responsible for providing support to them, and for exchanges between the competent institution of the Member State of last activity and the job seeker to be conducted in an understandable language. The public employment service of the Member State of last activity must take into account the specific situation of job seekers whose place of residence is not in the Member State of last activity, and therefore establish specific accompanying measures facilitating their return to employment. Cross-border job seekers shall have the possibility to make themselves available to a cross-border employment service, providing that such a service exists in the geographic area corresponding to the area of their job research.
Amendment 317 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)
Article 1 – paragraph 1 – point 14 c (new)
Regulation (EC) No 883/2004
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
14c. In Article 28(1), the first subparagraph is replaced by the following: “1. A frontier worker who has retired because of old-age or invalidity is entitled in the event of sickness or the need for long-term care to continue to receive benefits in kind in the Member State where he/she last pursued his/her activity as an employed or self-employed person, in so far as this is a continuation of treatment for sickness or of provision of long-term care which began in that Member State. ‘Continuation of treatment’ in the case of sickness means the continued investigation, diagnosis and treatment of an illness for its entire duration. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)‘Continuation of provision of long-term care’ means the continued granting of long-term care benefits in kind where entitlement to such benefits was established prior to retirement.” Or. en (http://eur-
Amendment 414 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 1
Article 65 – paragraph 1
1. An unemployed person who, during his or her last activity as an employed or self-employed person resided in a Member State other than the competent Member State shall make himself or herself available to the former employer or to the employment services in the competent Member State. Such a person shall receive benefits in accordance with the legislation of the competent Member State as if he or she were residing in that Member State. These benefits shall be provided by the institution of the competent Member State. He or she shall have the possibility to make himself or herself available to the employment services of the Member State of residence as well.
Amendment 417 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1a. An unemployed person register as job seeker with the employment services of the Member State of last activity shall benefit from a follow-up in an understandable language, in connection with EURES-t counsellors responsible for all the issues related to cross-border mobility in regions facing an important stream of cross-border workers.
Amendment 428 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 4
Article 65 – paragraph 4
4. A wholly unemployed person referred to in this Article may in addition to making themselves available to the employment services of the competent Member State also make themselves available to the employment services of the other Member State. He or she shall as well be able to make himself or herself available to a cross-border employment service, providing that such a service exists in the geographic area of his or her job research.
Amendment 529 #
2016/0288(COD)
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a Intra-Union calls 1. Providers of publicly available number based interpersonal communication services shall not apply tariffs to intra-Union fixed and mobile communications services terminating in another Member State which are higher from tariffs for services terminating in the same Member State, unless it is justified by the difference in mobile termination rates. 2. Where providers of publicly available number based interpersonal communication services apply different tariffs to intra-Union fixed and mobile communications services terminating in another Member State than to services terminating in the same Member State, the surcharge shall not be higher than the difference between mobile termination rate of the Member State where the call is terminating and mobile termination rate of the Member State where call is originating.
Amendment 320 #
2016/0282(COD)
Proposal for a regulation
Article 269 – paragraph 1 – point 3 a (new)
Article 269 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1307/2013
Article 46 – paragraph 2 – point ja (new)
Article 46 – paragraph 2 – point ja (new)
3a. In Article 46(2), the following point is added: ja) land left fallow for melliferous plants (pollen and nectar rich species).
Amendment 402 #
2016/0282(COD)
Proposal for a regulation
Article 269 – paragraph 1 – point 6 b (new)
Article 269 – paragraph 1 – point 6 b (new)
Regulation (EU) No 1307/2013
Annex X – Line 20 a (new)
Annex X – Line 20 a (new)
6b. In Annex X, the following line is to be added after the last line: Features: land left fallow for melliferous plants (pollen and nectar rich species) Conversion factor: n/a Weighting factor: 2 Ecological focus area: 2 m2
Amendment 119 #
2016/0225(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The cohesiveness and effectiveness of the common European asylum system should be guaranteed. This will entail, in particular, enhancing the legal and safe avenues for entry into the Union for third- country nationals or stateless persons who are in need of international protection. Resettlement is a legal avenue which must offer the most vulnerable third-country nationals or stateless persons a lasting solution, in particular in cases where no other solution can be envisaged.
Amendment 136 #
2016/0225(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Building on the existing initiatives, a stable and reliable Union Resettlement Framework should be established for the resettlement of persons in need of international protection to be implemented in accordance with annual Union resettlement plans and targeted Union resettlement schemes which effectively deliver on Member States' concrete commitments.
Amendment 138 #
2016/0225(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
Amendment 140 #
2016/0225(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Such a framework, provided that it serves to enhance legal avenues for migration, is a necessary part of a well- managed migration policy to reduce divergences amongand contributes to the smooth functioning of the common European asylum system to harmonise national resettlement practices and procedures, provide for the legal and safe arrival to the territory of the Member States of third- country nationals and stateless persons in need of international protection, help reduce the risk of a large-scale irregular inflow of third-country nationals and stateless persons to the territory of the Member States and thereby reducing the pressure of spontaneous arrivals on the Member States' asylum systems, be an expression of solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries, help achieve Union's foreign policy objectives by increasing the Union's leverage vis-à-vis third countries, and effectively contribute to global resettlement initiatives through speaking with one voice in international fora and with third countries. By speaking with one voice in this way and by taking responsibility for meeting a fair share of global resettlement needs, the Union should set an example and endeavour to secure undertakings from third countries to show solidarity in their turn and contribute to global resettlement efforts.
Amendment 150 #
2016/0225(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to help reduce the risk of a large-scale irregular inflow of third- country nationals and stateless persons to the territory of the Member States, show solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries, and help achieve the Union's foreign policy objectives, the regions or third countries from which resettlement is to occur should fit in a tailored engagement with third countries to better manage migration as foreseen in the Commission's Communication of 7 June 2016 on Establishing a new Partnership Framework with third countries under the European Agenda on Migration32. _________________ 32, in order, in particular, to give priority to the strategic use of resettlement. COM(2016) 377 final.
Amendment 154 #
2016/0225(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In the context of the strategic use of resettlement, the Union should endeavour to establish from the outset close dialogue with the third countries from which persons are resettled, in particular those facing lasting crises characterised by the presence on their territory of long-term refugees. A dialogue of this kind should seek to maximise the benefits of resettlement from these countries by placing the emphasis on increasing their asylum capacities, integrating the refugees present on their territory and protecting those refugees against persecution and refoulement to their countries of origin.
Amendment 156 #
2016/0225(COD)
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) The Union should take account of global resettlement needs when determining the number of resettlement places it makes available under this Regulation. With that aim in view, a target number should be set which represents the number of persons which the Union should be able to accommodate, taking account of global needs and the Member States’ reception capacities. In accordance with the principles of solidarity and fair sharing of responsibility among the Member States as laid down in Article 80 of the Treaty on the Functioning of the European Union, efforts should be made over time to achieve a fair distribution of resettled persons among the Member States.
Amendment 162 #
2016/0225(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to reduce divergences among thharmonise national resettlement practices and procedures, common standard procedures and common eligibility criteria and exclusionineligibility grounds for the selection should be laid down, as well as a common protection status to be granted to resettled persons.
Amendment 175 #
2016/0225(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) An expedited procedure should be established with the same level of security checks as in the ordinary procedure. However, in the expedited procedure, the assessment of the international protection needs of third-country nationals or stateless persons shcould be limited to an assessment of their eligibility for subsidiary protection without assessing their qualification for refugee status. As resettlement is intended to be a long-term solution for the persons concerned, Member States should nevertheless give priority to granting refugee status, irrespective of the procedure employed.
Amendment 183 #
2016/0225(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Member States should register the personal details of resettled persons in Eurodac. This will ensure that the persons concerned enjoy the same level of protection and the same rights as those afforded to asylum seekers and beneficiaries of international protection in respect of the processing of their data. In the context of secondary movements, it will also make it possible to identify the Member State responsible for resettlement.
Amendment 184 #
2016/0225(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Any personal data collected for the purpose of the resettlement procedure should be stored in Eurodac for a maximum period of five10 years from the date of resettlement. Given that third-country nationals or stateless persons who have already been resettled by one Member State or who during the last five years refused to resettle to a Member State should be excluded from resettlement to another Member State, that period should be considered a necessary period for the storage of personal details, including fingerprints and facial images, in accordance with Regulation xxx/xxx (Eurodac recast).
Amendment 190 #
2016/0225(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to facilitate coordination between Member States and the smooth functioning of the Union Resettlement Framework, Member States should exchange among themselves and with the European Union Agency for Asylum and the UNHCR information about unsuccessful resettlement procedures.
Amendment 195 #
2016/0225(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) There is no subjective right to be resettled. A person accepted for resettlement may not choose the State in which he or she is to be resettled.
Amendment 206 #
2016/0225(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure uniform conditions for the implementation of the Union Resettlement Framework, implementing powers should be conferred on the Council for establishing the annual Union resettlement plan, fixing the maximum totaltarget number of persons to be resettled, the details about the participation of the Member States in the plan and their contributions to the totalarget number of persons to be resettled, as well as overall geographical priorities.
Amendment 211 #
2016/0225(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) These powers should be exercised on a proposal from the Commission on the maximum totaltarget number of persons to be resettled and overall geographical priorities. The Commission should make its proposal simultaneously with its proposal on the draft Union annual budget. The Council should aim to adopt the proposal within two months. The Commission and the Council should take into account the discussions withinrecommendations made by the High-Level Resettlement Committee.
Amendment 215 #
2016/0225(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure uniform conditions for the implementation of the Union Resettlement Framework, the Commission should be empowered to establish targeted Union resettlement schemes laying down the precise number out of the totalarget number of persons to be resettled and participation of the Member State, consistent with the annual Union Resettlement plan. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers34. The examination procedure should be used for establishing targeted Union resettlement schemes given that those schemes have substantial implications. The Commission should aim to establish targeted Union resettlement schemes as soon as possible after the adoption of the annual Union resettlement plan and whenever necessary during the period covered by the annual Union resettlement plan. The Commission should take into account the discussions withinrecommendations made by the High- Level Resettlement Committee. _________________ 34 OJ L 55, 28.2.2011, p. 13.
Amendment 219 #
2016/0225(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Irrespective of the geographical priorities laid down in advance, and in order to ensure that the Union Resettlement Framework has the flexibility needed to cope with unforeseen developments, as part of the resettlement plan a reserve pool of places should be created which is equivalent to no more than 10% of the target number. This reserve pool would consist of a quota of emergency resettlement places which would be granted using the expedited procedure set out in Article 11.
Amendment 230 #
2016/0225(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should be given support to help them honour their commitments and thus ensure the smooth functioning of the Union Resettlement Framework. [The European Union Agency for Asylum] should assistprovide the Member States in the implementation of Union Resettlement Frameworkwith that support, at their request and in accordance with its mandate.
Amendment 233 #
2016/0225(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) The European Union Agency for Asylum should also coordinate exchanges of good practice among Member States, in particular as regards the implementation of this Regulation.
Amendment 234 #
2016/0225(COD)
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
(28b) Given that this Regulation seeks to introduce common geographical priorities and resettlement procedures, Member States should be encouraged to cooperate among themselves and, if they see fit, implement some stages in the procedure jointly. This cooperation may, for example, take the form of the pooling of infrastructure and the deployment of joint selection missions. The European Union Agency for Asylum should be able to provide support to Member States planning to engage in cooperation of this kind.
Amendment 235 #
2016/0225(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) A High-Level Resettlement Committee should be established to allow for broad and systematic consultations with all stakeholders oparties involved in the implementation of the Union Resettlement Framework. The High-Level Committee should draw up recommendations to serve as the basis for drafting the Union plan and the targeted plans.
Amendment 236 #
2016/0225(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The integration of resettled persons in their host society is a prerequisite for the success of any resettlement and, hence, the effectiveness of the Union Resettlement Framework. Member States should therefore arrange pre-departure training courses, if possible lasting at least three days, for the persons concerned with the aim of informing them about their rights and obligations and about the social, cultural and political situation in the Member State in which they are to be resettled and in the European Union. Member States should also devise post-arrival orientation programmes tailored to the needs of resettled persons in order to provide them with guidance concerning, in particular, the learning of the language of the host Member State, education, training and the labour market, taking account of their specific vulnerabilities. As far as possible, the bodies and persons concerned, such as local authorities and persons who have already been resettled, should be involved in implementing programmes of this kind.
Amendment 244 #
2016/0225(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) This Regulation does not affect the ability of the Member States to adopt or implement national resettlement schemes, which do not jeopardise the attainment of the Union’s objectives under this Regulation, for example where they contribute an additional number of resettlement places to targeted Union resettlement schemes established under this Regulation going beyond their contribution to the maximum number of persons to be resettled under the annual Union resettlement plan.
Amendment 245 #
2016/0225(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) If Member States offer resettlement places under national resettlement programmes, they should continue to receive funding from the Union budget.
Amendment 246 #
2016/0225(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) Persons displaced within their own countries should be granted leave to enter European territory under humanitarian admission programmes. Due account should therefore be taken of humanitarian admission as an adjunct to resettlement. Measures taken by Member States under national humanitarian admission programmes should therefore be eligible for funding from the Union budget. When this Regulation is revised, consideration should be given to the scope for introducing a common European procedure for the admission of persons displaced within their own countries which is separate from resettlement.
Amendment 252 #
2016/0225(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
For the purposes of this Regulation 'resettlement' means the admission, at the request of the Office of the United Nations High Commissioner for Refugees (UNHCR), of third- country nationals andor stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of one of the Member States with a view to granting them international protection.';
Amendment 264 #
2016/0225(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) provide for the legal and safe arrival of third-country nationals and stateless persons who are among the most vulnerable persons in need of international protection to the territory of the Member States;
Amendment 267 #
2016/0225(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a a (new)
Article 3 – paragraph 3 – point a a (new)
(aa) help to reduce the pressure on the countries in which people first seek refugee status by giving priority to the strategic use of resettlement
Amendment 275 #
2016/0225(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) contribute to international resettlement initiativencourage all the Member States to take part in resettlement efforts and thus contribute to international resettlement initiatives by increasing the number of resettlement places made available by the Union Member States.
Amendment 281 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) global resettlement needs as defined by the UNHCR, in particular as regards: - the number of persons in need of international protection displaced to or within a third country and any onward movement of those persons to the territory of the Member States; - the situation of these persons and their degree of vulnerability, cases of persons who are long-term refugees and the scope for strategic use of resettlement;
Amendment 290 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) complementarity with financial and technical assistance provided to third countries to which or within which persons in need of international protection have been displaced;
Amendment 299 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 318 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Once the regions or third countries referred to in point 1 have been determined, the Union shall initiate a dialogue with them in order to maximise the benefits stemming from the resettlement commitments it has made, in particular as regards an increase in reception and protection capacities for persons in need of international protection who are resident in these countries, primarily through the introduction of an effective asylum system, the integration of refugees and non-refoulement.
Amendment 320 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – introductory part
Article 5 – paragraph 1 – point a – introductory part
(i) third-country nationals, who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, are outside the country of nationality or the part of that country in which they formerly habitually resided, and are unable or, owing to such fear, are unwilling to avail themselves of the protection of that country, or stateless persons, who, being outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, for the same reasons as mentioned above, are unable or, owing to such fear, unwilling to return to or stay in it, or, failing that,
Amendment 324 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii
Article 5 – paragraph 1 – point a – point ii
(ii) third-country nationals, who are outside the country of nationality or the part of that country in which they formerly habitually resided, or stateless persons, who are outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, and in respect of whom substantial grounds have been shown for believing that they, if returned to or staying in their country of origin or former habitual residence, would face a real risk of suffering serious harm, and are unable, or, owing to such risk, are unwilling to avail themselves of the protection of that country;
Amendment 332 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – introductory part
Article 5 – paragraph 1 – point b – introductory part
(b) third-country nationals and stateless persons who meet the conditions stated in point (a) and fall within at least one of the following categories:
Amendment 339 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 4
Article 5 – paragraph 1 – point b – point i – indent 4
– persons with legal and/or physical protection needs, including those facing a threat of refoulement;
Amendment 340 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 6
Article 5 – paragraph 1 – point b – point i – indent 6
Amendment 348 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 6 a (new)
Article 5 – paragraph 1 – point b – point i – indent 6 a (new)
– persons for whom no other lasting solution can be considered
Amendment 350 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii
Article 5 – paragraph 1 – point b – point ii
Amendment 369 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 372 #
Amendment 374 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The following third-country nationals or stateless persons shall be excluded fromineligible for targeted Union resettlement schemes established in accordance with Article 8:
Amendment 391 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 406 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f – paragraph 1
Article 6 – paragraph 1 – point f – paragraph 1
persons whom Member States have during the last five years prior to resettlement refused to resettle in accordance with point (a) of this paragraph.
Amendment 413 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Third-country nationals or stateless persons may be excluded fromregarded as ineligible for targeted Union resettlement schemes established in accordance with Article 8, (a) where one of the grounds for exclusion referred to in points (a) or (b) of paragraph 1 applies prima facie. (b) where they have refused a resettlement.
Amendment 416 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Where a resettlement procedure is unsuccessful, the Member State shall without delay communicate the reasons for it to the other Member States, the European Union Agency for Asylum and the UNHCR.
Amendment 417 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2b. If a Member State intends to resettle a third-country national or stateless person who has previously been rejected by another Member State in accordance with point 1(c) or 2(a), it must inform that Member State accordingly and secure its consent before resettling the person if the resettlement is to take place within five years after the rejection by the first Member State.
Amendment 419 #
Amendment 423 #
2016/0225(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. On the basis of a proposal from the Commission, the Council shall adopt an annual Union resettlement plan every two years, in the year preceding that in which it is to be implemented.
Amendment 430 #
2016/0225(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the maximum totaltarget number of persons to be resettled;
Amendment 434 #
2016/0225(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) details about the participation of the Member States in the annual Union resettlement plan and their contributions to the totalarget number of persons to be resettled;
Amendment 436 #
2016/0225(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c a (new)
Article 7 – paragraph 2 – point c a (new)
(ca) a reserve of places derived from the target number referred to in point (a), corresponding, at the maximum, to 10% of that number and consisting of an emergency quota of resettlement places assigned using the expedited procedure referred to in Article 11 and allocated irrespective of the general geographical priorities referred to in point (c).
Amendment 437 #
2016/0225(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The Union resettlement plan shall take full account of the recommendations of the High-Level Resettlement Committee.
Amendment 441 #
2016/0225(COD)
1. The Commission shall adopt implementing acts establishing targeted Union resettlement schemes consistent with the annual Union resettlement plan adopted pursuant to Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 445 #
2016/0225(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the precise number of persons to be resettled from the maximum totaltarget number as set out in the annual Union resettlement plan provided for in point (a) of Article 7(2) and details about the participation of the Member States in the targeted Union resettlement scheme;
Amendment 446 #
2016/0225(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the specification of the regions or third countries from which resettlement is to occur as referred to in Article 4 and, where appropriate, the priorities and measures anticipated by the Union in relation to those regions or third countries in the context of strategic use of resettlement;
Amendment 455 #
2016/0225(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. A targeted resettlement scheme adopted in accordance with point 1 may be designed to use the reserve of emergency places provided for in the Union resettlement plan.
Amendment 456 #
2016/0225(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The resettlement procedures laid down in Articles 10 and 11 shall apply to third- country nationals or stateless persons who have given their consent to be resettled and have not subsequently withdrawn their consent, including refusing resettlement to a particular Member State. . Third-country nationals or stateless persons shall be duly informed by the Member State of the rights and obligations arising from resettlement and the possible consequences of any refusal to be resettled.
Amendment 465 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. After having identified the third- country nationals or stateless persons, Member States shall inform them of their rights and obligations, particularly the right to refuse resettlement and the possible implications of such a refusal, the rights and obligations arising from refugee status or subsidiary protection, particularly as regards secondary movements and the requirement to register personal particulars in Eurodac. This information must be supplied in writing and, if necessary, verbally and in a manner appropriate to their age and/or particular vulnerability.
Amendment 478 #
2016/0225(COD)
4. Member States shall take a decision on the resettlement of third-country nationals or stateless persons on the basis of the assessment referred to in paragraph 3 as soon as possible and not later than eight months from their registration. Member States may extend that time-limit of eight months by a period of not more than four months, where complex issues of fact or law are involved. If, after the time limits referred to in this paragraph have elapsed, the Member State has not communicated any decision and has also not supplied any justification, a resettlement procedure may be initiated by another Member State in relation to the third-country national or stateless person concerned.
Amendment 484 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
Member States shall store the data referrerecord and store in paragraphs 2 to 4the Eurodac system for five10 years from the date of resettlement the personal particulars of persons resettled in accordance with Regulation xxx/xxx (Recast Eurodac).
Amendment 488 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a negative decision is taken, no resettlement of the person concerned shall occur. the procedure is not successfully completed, no resettlement of the person concerned shall occur. This failure of the procedure may be due to a negative decision by the Member State or a refusal on the part of the third-country national or stateless person to be resettled. Member States shall without delay communicate the reasons for the failure of procedures to the other Member States, the European Union Agency for Asylum and the UNHCR.
Amendment 493 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 7 – point a a (new)
Article 10 – paragraph 7 – point a a (new)
(aa) where possible, perform a medical examination on the third-country national or stateless person;
Amendment 494 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 7 – point b
Article 10 – paragraph 7 – point b
(b) offer to make travel arrangements, including fit-to-travel medical checks, and provide transfer to their territory free of charge, and that offer shall include, where necessary, the facilitation of exit procedures in the third country from where the third-country national or the stateless person is admitted. When organising the travel, Member States shall take account of any needs that the persons concerned have in view of their vulnerability;
Amendment 495 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 7 – point c
Article 10 – paragraph 7 – point c
(c) offer a pre-departure orientation programme to third-country nationals or stateless personrequire third-country nationals or stateless persons to attend a pre-departure orientation programme, if possible lasting for a minimum of three days, which mayshall include information about their rights and obligations, language classes, and information about the Member State's social, cultural and political set-up, as well as the European Union. Member States shall also offer a post-arrival integration programme, wherever possible designed for people who have been resettled and taking account of their particular vulnerabilities.
Amendment 497 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 7 – point c a (new)
Article 10 – paragraph 7 – point c a (new)
(ca) arrange resettlement as soon as possible;
Amendment 498 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 8 – introductory part
Article 10 – paragraph 8 – introductory part
8. For the purpose of implementing the ordinary procedure, prior to identifying third-country nationals or stateless persons, Member States mayshall request UNHCR, or where applicable, [the European Union Agency for Asylum] or relevant international bodies to refer to them third- country nationals or stateless persons in relation to whom those entities have fully assessed:
Amendment 508 #
2016/0225(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 1
Article 11 – paragraph 1 – point 1
(1) shallmay opt not to assess whether the third- country nationals or the stateless persons meet the requirements referred to in point (a)(i) of Article 5;
Amendment 510 #
2016/0225(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 2
Article 11 – paragraph 1 – point 2
(2) shall have the option of not requireing UNHCR to assess whether the third-country nationals or the stateless persons qualify as refugees within the meaning of Article 1 of the 1951 Geneva Convention;
Amendment 511 #
2016/0225(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 2 a (new)
Article 11 – paragraph 1 – point 2 a (new)
(2a) may opt not to require the persons concerned to attend the pre-departure orientation programme referred to in Article 10(7)(c);
Amendment 515 #
2016/0225(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 3
Article 11 – paragraph 1 – point 3
(3) shall take a decision on resettlement as soon as possible and not later than four monthtwo weeks from a third-country national's registration referred to in Article 10(2); the Member States may extend that time-limit of four months by a period of not more than two monthweeks, where complex issues of fact or law are involved.
Amendment 516 #
2016/0225(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 4
Article 11 – paragraph 1 – point 4
Amendment 519 #
2016/0225(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 524 #
2016/0225(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A High-Level Resettlement Committee shall be established, composed of representatives of the European Parliament, the Council, the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, and the Member States. [T[the European Union Agency for Asylum,] and the Member States. The UNHCR, and IOM shall be invited. Representatives of other interested parties may be invited. Representatives of Iceland, Liechtenstein, Norway, and Switzerland shall be invited to attend the meetings of the High-Level Resettlement Committee where they have indicated their intention to be associated with the implementation of the annual Union resettlement plan.
Amendment 528 #
2016/0225(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The High-Level Resettlement Committee shall be chaired by the Commission. It shall meet whenever necessary at the invitation of the Commission or at a request of a Member State or the European Parliament and shall meet at least once a year.
Amendment 530 #
2016/0225(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The main task of the High-Level Resettlement Committee shall be to issue recommendations for the adoption of the Union plan and the targeted plans. It shall in particular make recommendations on the target number of persons to be resettled, the equitable distribution of those persons among the Member States, the third countries from which resettlements should be undertaken, and the opportunities for strategic use of resettlement.
Amendment 531 #
2016/0225(COD)
Proposal for a regulation
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2b. The recommendations of the High-Level Resettlement Committee shall be published and shall take full account of the annual tripartite consultations on resettlement (CTAR).
Amendment 532 #
2016/0225(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall consultand the Council shall take full account of the recommendations of the High-Level Resettlement Committee on issues related to the implementation of the Union Resettlement Framework, particularly in drafting the Union plan and the targeted plans.
Amendment 535 #
2016/0225(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point 1 a (new) Regulation (EU) No 516/2014
Article 17 – paragraph 1 – point 1 a (new) Regulation (EU) No 516/2014
(1a) Recital 46 shall be amended as follows: ‘It is important for enhanced solidarity that the Fund provides, in coordination and in synergy with the humanitarian assistance managed by the Commission where appropriate, additional support to address emergency situations of heavy migratory pressure in Member States or third countries, or in the event of mass influx of displaced persons, pursuant to Council Directive 2001/55/EC1, through emergency assistance. Emergency assistance should also include support to ad hoc humanitarian admission programmes aimed at allowing temporary stay on the territory of a Member State in the event of an urgent humanitarian crisis in third countries. However, such other humanitarian admission programmes are without prejudice to, and should not undermine, the Union's resettlement programscheme that explicitly aims as from the start to provide a durable solution to persons in need of international protection transferred to the Union from third countries. To that end, Member States should not be entitled to receive additional lump sums in respect of persons granted temporary stay on the territory of a Member State under such other humanitarian admission programmes.’ ’ Or. fr (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32014R0516&qid=1493312552997&from=EN)
Amendment 536 #
2016/0225(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point 2 – point a Regulation (EU) No 516/20147
Article 17 – paragraph 1 – point 2 – point a Regulation (EU) No 516/20147
(a): 'resettlement' means the admission, at the request of the Office of the United Nations High Commissioner for Refugees (UNHCR), of third-country nationals or stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of one of the Member States with a view to granting them international protection';
Amendment 537 #
2016/0225(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point 3
Article 17 – paragraph 1 – point 3
Regulation (EU) No 516/20145
Article 17
Article 17
Resources for the Union Resettlement Framework and for national resettlement and humanitarian admission plans
Amendment 539 #
2016/0225(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point 3 (new)
Article 17 – paragraph 1 – point 3 (new)
Regulation (EU) No 516/2014
Article 17
Article 17
1a. They shall receive the flat-rate sum of EUR 5 000 for each person resettled under the national resettlement plan or admitted under a national humanitarian admission programme.
Amendment 541 #
2016/0225(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point 3
Article 17 – paragraph 1 – point 3
Regulation (EU) No 516/2014
Article 17
Article 17
2. The amounts referred to in paragraph 1 shall be allocated to the Member States in the individual financing decisions approving their revised national programme in accordance with the procedure laid down in Article 14 of Regulation (EU) 514/2014.
Amendment 545 #
2016/0225(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. By 31 December 2018No later than four years after the entry into force of this Regulation, the Commission shall report to the European Parliament and the Council on the application of this Regulation in the Member States.
Amendment 546 #
2016/0225(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. In the report, the Commission shall consider the possibility of using the European budget to support private sponsorship initiatives.
Amendment 547 #
2016/0225(COD)
Proposal for a regulation
Article 18 – paragraph 1 b (new)
Article 18 – paragraph 1 b (new)
1b. The Commission shall study the possibility of creating common procedures, distinct from resettlement, for the admission of persons who are displaced within their own country.
Amendment 548 #
2016/0225(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The European Parliament and the Council shall, on the basis of the proposal of the Commission, taking into account the report referred to in paragraph 1, review this Regulation by 30 June 202018 months after the submission of the Commission report on the application of this Regulation.
Amendment 152 #
2016/0222(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
Member States shall apply this Directive to all unaccompanied minors from third countries from the moment of their arrival to the moment of their qualification as a refugee or grant of subsidiary protection under Regulation (EU) XXX/XXX [Qualification Regulation], or the grant of some other form of humanitarian protection, or their transfer to a third country, in accordance with their best interests, under national law.
Amendment 261 #
2016/0222(COD)
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Minors shall not be detained only as a measure of last resort and after it having been established that other less coercive alternative measure; Member States shall instead accommodate minors cannot be applied effectively. Such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minorsd families with minors in non- custodial, community-based placements while their immigration status is processed.
Amendment 268 #
2016/0222(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 273 #
2016/0222(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 277 #
2016/0222(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 4
Article 11 – paragraph 3 – subparagraph 4
Amendment 279 #
2016/0222(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 286 #
2016/0222(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Member States shall grant to minor children of applicants and to applicants who are minors access to the education system under similarthe same conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforced. Such education may be provided in accommodation centresthe entire duration of their presence in the territory of the Member State. Such education may be provided in accommodation centres, as a temporary measure until access to national education systems is ensured.
Amendment 293 #
2016/0222(COD)
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Access to the education system shall not be postponed for more than threone months from the date on which the application for international protection was lodged by or on behalf of the minor.
Amendment 354 #
2016/0222(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Member States shall ensure that that standard of living is met in the specific situation of applicants with special reception needs, such as minors, as well as in relation to the situation of persons who are in detention.
Amendment 379 #
2016/0222(COD)
Proposal for a directive
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. Member States shall provide separate sanitary facilities for female applicants and safe place in reception centres for them and their children.
Amendment 406 #
2016/0222(COD)
Proposal for a directive
Article 17a – paragraph 3
Article 17a – paragraph 3
3. Pending the transfer under Regulation (EU) No XXX/XXX [Dublin Regulation] of a minor to the Member State responsible, Member States shall provide him or her with access to suitable educational activitiesThis article shall not apply to unaccompanied minors. When the applicants concerned are parents of minors, Member States may derogate from this article taking into account the best interests of the child, as this provision restricts access to education, equal treatment and material reception conditions such as housing, food and clothing.
Amendment 410 #
2016/0222(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Member States shall ensure that minor children of applicants and applicants who are minors receive the same access to health care as their own national minors.
Amendment 466 #
2016/0222(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that involvemay affect minors. Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development.
Amendment 471 #
2016/0222(COD)
Proposal for a directive
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of violence and exploitation, including human trafficking;
Amendment 481 #
2016/0222(COD)
Proposal for a directive
Article 22 – paragraph 6
Article 22 – paragraph 6
6. Those working with minors, including with unaccompanied minors, shall not have a verified record ofcriminal record, especially with regard to any child- related crimes or offenses and shall receive continuous and appropriate training concerning the rights and needs of unaccompanied minors, including concerning any applicable child safeguarding standards, and shall be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.
Amendment 483 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protectionarrives in the Member State take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall be qualified and perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary expertise to that end and shall not have a verified record ofcriminal record, especially with regard to any child- related crimes or offences. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Appointed guardians' criminal record shall be regularly reviewed by competent authorities to identify potential incompatibilities with their role. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.
Amendment 493 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2 a (new)
Article 23 – paragraph 1 – subparagraph 2 a (new)
Member States shall provide unaccompanied minors upon their arrival with: (a) immediate access to health care and education under the same conditions as their own national minors (b) all the necessary information about their rights, procedures and protection opportunities in a child- friendly manner and in a language they understand. To this end, the European Asylum Support Office shall assist Member States in producing reception material to inform children.
Amendment 533 #
2016/0222(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall take appropriate measures to ensure that authorities and other organisations implementing this Directive have received the necessary training with respect to the needs of both male and female applicants, as well as children. To that end, Member States shall integrate the European asylum curriculum developed by the European Union Agency for Asylum into the training of their personnel in accordance with Regulation (EU) No XXX/XXX [Regulation on the European Union Agency for Asylum] and take into consideration the information material published by the European Asylum Support Office, such as the EASO Tool for Identification of persons with special needs.
Amendment 130 #
2016/0176(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment highly skilled employment(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 145 #
2016/0176(COD)
Proposal for a directive
Recital 5
Recital 5
(5) An EU-wide admission system to attract and retain highly skilled workers into the Union should be created. Member States should issue an EU Blue Card instead of a national permit to all applicants falling within the scope of this Directive. Member States should retain the right to issue permits other than EU Blue Card for any purpose of employment to third-country nationals who fall outside of the scope of this Directive, subject to the limitations following from other directives in thprogressively abolish within 5 years after the entry into force of this directive the existing national schemes for skilled workers. During the 5 years of transition or until the abolition of those national schemes, Member States should give preference to the EU Blue Card to applicants falling within the scope of this Directive and, when not possible, automatically deliver an EU blue carea of labour migrationd to all candidates who qualify for the national scheme.
Amendment 157 #
2016/0176(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The concept of highly skilled worker should replace the concept of highly qualified worker in order to emphasise that both formal educational qualifications and equivalent professional experience should be taken equally into account as criteria for admission. According to a Council Recommendation of 20 December 201232 , the validation of learning outcomes, namely competences (knowledge, skills and attitudes)33 acquired through non- formal and informal learning can play an important role in enhancing employability and mobility. It recommends Member States to have in place, no later than 2018, arrangements for the validation of non- formal and informal learning. As mechanisms and arrangements for the evaluation and validation of professional experience are not readily available in all Member States, an additional transposition period of two years after the entry into force of this Directive should be provided for the provisions related to recognising professional experience in order to enable Member States, where necessary, to develop such mechanisms and arrangements. Member States’ National Contact Points on the EU Blue Card should be involved in effective cooperation with stakeholders and networks in the education, training, employment and youth sectors, as well as other relevant policy areas, for the purpose of recognising professional experience under this Directive. _________________ 32 Council Recommendation of 20 December 2012 on the validation of non- formal and informal learning (2012/C 398/01) (OJ C 398, 22.12.2012, p. 1). 33 Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning (OJ L 394, 30.12.2006, p. 10).
Amendment 170 #
2016/0176(COD)
Proposal for a directive
Recital 11
Recital 11
(11) This Directive should not apply to categories of third-country nationals to whom a particular scheme under Union law, with specific entry conditions and sets of rights, applies when the inclusion of those categories in this Directive would go against the rationale of the particular scheme, create unnecessary legal complexity or entail a risk of abuses. This Directive should not apply to third-country nationals who apply to reside in a Member State as researchers in order to carry out a research project, as they fall within the scope of Directive (EU) 2016/801 of the European Parliament and of the Council37 which introduces a specific procedure for admitting third-country nationals for the purposes of scientific research. However, once admitted under Directive (EU) 2016/801, legally residing researchers should be entitled to apply for an EU Blue Card under this Directive for other purposes than those covered under Directive (EU) 2016/801. _________________ 37 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchangEqually, legally residing Blue Card holders should be entitled to apply to reside as researchers under Directive (EU) 2016/801. The provisions of that Directive should be clarified so as to ensure suchemes or educational projects and au pairing (OJ L 132, 21.05.2016, p. 21) a possibility.
Amendment 174 #
2016/0176(COD)
Proposal for a directive
Recital 13
Recital 13
(13) It is necessary to provide for a flexible demand-driven admission system based on objective criteria, such as a work contract or a binding job offer of at least 6 months, a salary threshold adaptable by the Member States to the situation in its labour market and higher and professional qualifications.
Amendment 183 #
2016/0176(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive is without prejudice to national procedures on the recognition of diplomas. In order to evaluate if the third-country national concerned possesses higher education or equivalent qualifications, reference should be made either to ISCED (International Standard Classification of Education) 2011 levels 3, 4, 5, 6, 7 and 8, or to the broadly equivalent EQF (European Qualifications Framework) levels 3, 4, 5, 6, 7 and 8, according to the choice of the Member State concerned.
Amendment 185 #
2016/0176(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 198 #
2016/0176(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 204 #
2016/0176(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 263 #
2016/0176(COD)
Proposal for a directive
Recital 41
Recital 41
(41) EU Blue Card holders should be allowed to move to a second Member State under simplified conditions where they intend to apply for a new EU Blue Card based on an existing work contract or binding job offer. Second Member States should not be allowed to require from EU Blue Card holders any other authorisation than the EU Blue Card issued by the first Member State. As soon as they submit an application for an EU Blue Card within the deadline provided for in this Directive, they should be allowed to begin employment. In the second Member State the procedure for issuing an EU Blue Card should be simplified compared to the first EU Blue Card; as the mobile EU Blue Card holder has already exercised highly skilled activity in one Member State for a certain period of time, the second Member State should not have the need to control all the same details for a second time. However, mobility should remain demand-driven and therefore a work contract should always be required in the second Member State, and the salary should meet the threshold set by the second Member State in accordance with this Directive.
Amendment 277 #
2016/0176(COD)
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48a) When transposing this Directive and in order to better respond to the needs of the EU labour market, Members states and the Commission should gather data and list the sectors of employment or geographical areas where there are employment shortages or where vacancies are hard to fill and communicate this information publicly.
Amendment 278 #
2016/0176(COD)
Proposal for a directive
Recital 48 b (new)
Recital 48 b (new)
(48b) To ensure the proper enforcement of this Directive, and in particular the provisions regarding rights and working conditions, Member States should ensure that appropriate mechanisms are in place for the monitoring of the Directive.
Amendment 281 #
2016/0176(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the conditions of entry and residence for more than three months in the territory of the Member States, and the rights, of third-country nationals for the purpose of highly skilled employment, and of their family members;
Amendment 283 #
2016/0176(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) “highly skilled employment” means the employment of a person who:
Amendment 285 #
2016/0176(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – indent 3
Article 2 – paragraph 1 – point b – indent 3
- has the required competence, as proven by higher professional qualifications.
Amendment 289 #
2016/0176(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) “higher professional qualifications” means qualifications attested by evidence of higher education qualifications or higher professional skills;
Amendment 291 #
2016/0176(COD)
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) “higher education qualifications” means any diploma, certificate or other evidence of formal qualifications issued by a competent authority attesting the successful completion of a post-secondary higher education or equivalent tertit least a secondary education programme, namely a set of courses provided by an educational establishment recognised as a highersecondary education institution or equivalent tertiary educational institution by the State in which it is situated, where the studies needed to acquire those qualifications lasted at least three years and correspond at least to ISCED 2011 level 63 or to EQF level 6,3 according to national law;
Amendment 295 #
2016/0176(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) “higher professional skills” means skills attested by at least three years of professional experience of a level comparable to highersecondary education qualifications and which is relevant in the profession or sector specified in the work contract or binding job offer;
Amendment 310 #
2016/0176(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to third- country nationals who apply to be admitted or who have been admitted to the territory of a Member State for the purpose of highly skilled employment.
Amendment 312 #
2016/0176(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. This Directive shall equally apply to third country-nationals whose application for international protection or protection under national law have been rejected, who have been employed while their application was pending and have applied for an EU Blue Card within three months after the notification of a rejection of their application for international protection or protection under national law;
Amendment 331 #
2016/0176(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall not issue any other permit than an EU Blue Card to third-country nationals for the purpose of highly skilled employment. in accordance with Article (new)
Amendment 335 #
2016/0176(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a Progressive abolition of national schemes for skilled employment 1. Member States shall abolish national schemes dedicated to skilled employment 5 years after the entry into force of the directive and shall take all the necessary measures to ensure a smooth transition from national schemes to the EU blue- card scheme 2. During the transition period, Member States shall give preference to the EU blue card over national permits to applicants falling within the scope of this directive and when not possible automatically deliver a EU blue card to all the candidates who qualify for the national scheme.
Amendment 349 #
2016/0176(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 363 #
2016/0176(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 370 #
2016/0176(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 426 #
2016/0176(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the third-country national no longer holds a valid work contract for highly skilled employment or the qualifications required by points (b) and (c) of Article 5(1) or his or her salary no longer meets the salary threshold as set in accordance with Article 5(2), (4) or (5), as applicable, without prejudice to Article 14.
Amendment 491 #
2016/0176(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
The level of fees required by Member States for the processing of applications shall not be disproportionate or excessive or higher than the level of fees required by the Member State for other working permit applications.
Amendment 496 #
2016/0176(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States may decide toshall provide for recognition procedures for employers in accordance with their national law or administrative practice for the purpose of applying simplified procedures for obtaining an EU Blue Card.
Amendment 532 #
2016/0176(COD)
Proposal for a directive
Article 16 – paragraph 6 – subparagraph 2
Article 16 – paragraph 6 – subparagraph 2
Amendment 566 #
2016/0176(COD)
Proposal for a directive
Article 20 – paragraph 3 – point e
Article 20 – paragraph 3 – point e
Amendment 614 #
2016/0176(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall make easily accessible to applicants the information on all the documentary evidence needed for an application and information on entry and residence conditions, including the rights, obligations and procedural safeguards, of the third-country nationals falling under the scope of this Directive and of their family members. This information shall include information on the salary thresholds set in the Member State concerned in accordance with Article 5(2), (4) and (5), and on the applicable fees.
Amendment 618 #
2016/0176(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 3 a (new)
Article 23 – paragraph 1 – subparagraph 3 a (new)
When transposing this Directive, Members States shall gather data and communicate publicly, in consultation with the social partners, about the labour market needs and shall list the sectors of employment or geographical areas where there are employment shortages. The Member States shall regularly update that list.
Amendment 620 #
2016/0176(COD)
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 624 #
2016/0176(COD)
Proposal for a directive
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. Member States shall provide for measures to prevent possible abuses and to sanction infringements of this Directive. Measures shall include monitoring, assessment and, where appropriate, inspection in accordance with national law or administrative practice.
Amendment 633 #
2016/0176(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 636 #
2016/0176(COD)
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Article 26a Amendment to Directive (EU) 2016/801 of the European Parliament and of the Council In Article 2 of Directive (EU) 2016/801, point (g) is replaced by the following: “(g) who apply to reside in a Member State for the purpose of highly skilled employment within the meaning of Directive (EU) xxxx/xxx [Blue Card Directive]”.
Amendment 61 #
2016/0151(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The consumption of linear TV channels in Europe remains prominent in comparison to other media services, as demonstrated by the study "Linear and on-demand audiovisual media services in Europe 2015", published by the European Audiovisual Observatory in June 2016, which shows an overall good condition of linear TV in Europe, with the number of available linear TV channels in 2015 increasing on average of 46% compared to 2009;
Amendment 62 #
2016/0151(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) There has been a slight decrease in Europe of the fruition by young people of linear TV channels, as demonstrated by the study " Measurement of Fragmented Audiovisual Audiences", published by the European Audiovisual Observatory in November 2015, which shows in 2014 an average decrease in the European Union of only 4% of young people aged 12-34, compared to 2011;
Amendment 63 #
2016/0151(COD)
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
Amendment 98 #
2016/0151(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the study on "Linear and on-demand audiovisual media services in Europe 2015", published by the European Audiovisual Observatory in June 2016,
Amendment 99 #
2016/0151(COD)
Draft legislative resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the study "Analysis of the implementation of the provisions contained in the AVMSD concerning the protection of minors", published by the European Audiovisual Observatory in November 2015,
Amendment 112 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article 1 a (new)
Chapter II – Article 1 a (new)
Amendment 410 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article –2 (new)
Chapter II – Article –2 (new)
Amendment 416 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point 2
Article 1 – paragraph 1 – point 1 – point 2
Directive 2010/13/EU
Chapter II – Article –2 a (new)
Chapter II – Article –2 a (new)
Amendment 20 #
2016/0142(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Considering that it is essential that the criteria used to grant visa exemption continued to be fulfilled after the exemption is granted and over time , the European Commission shall closely monitor the third countries’ compliance with these benchmarks, in particular the respect of fundamental rights and regularly report to the Council and the European Parliament.
Amendment 48 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 539/2001
Article 1a – paragraph 2 a – concluding part
Article 1a – paragraph 2 a – concluding part
the Commission may, on its own initiative,shall inform the European Parliament and the Council. This information shall be equivalent to a notification made pursuant to paragraph 2. Prior to this information process, the Commission may take into account the results of its monitoring of the continued compliance by the third country concerned with the criteria necessary to obtain visa liberalisation, in particular those related to fundamental rights.”
Amendment 159 #
2016/0133(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’'s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion, if this is in their best interests. In order to discourage secondary movements and unnecessary transfers of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative legally present in the territory of a Member State, the Member State responsible should be that wherein which the unaccompanied minor first has lodged his or her application for international protection, unless it is demonstrated that this would not beis present, provided that this is in the best interests of the childminor. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an multidisciplinary assessment of his/her best interests by staff with the necessary qualifications and expertise, which shall involve his or her guardian and legal advisor or counsellor.
Amendment 172 #
2016/0133(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered. Such restrictions in the reception conditions shall not apply to vulnerable groups, such as unaccompanied minors and families with children.
Amendment 270 #
2016/0133(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The examination procedure should be used for the adoption of a common leaflet on Dublin/Eurodac, as well as a specific leaflet for unaccompanied minors; of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent personsthe modalities and periodicity for providing applicants with information on the status of the procedure; of rules on the qualifications of and training for guardians and the modalities for their engagement with other actors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of standard operating procedures for cross-border cooperation among Member States regarding the assessment of the best interests of the child, family tracing and the identification of family members, siblings, relatives or any other family relations of an unaccompanied minor and for assessing the capacity of a relative to take care of an unaccompanied minor; of uniform conditions on the preparation and submission of take charge requests and take back notifications ; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of rules concerning the modalities for the handover from guardian to guardian in the case of transfers; of uniform conditions and practical arrangements for the exchange of information on a person’'s health data before a transfer, and of secure electronic transmission channels for the transmission of requests..
Amendment 274 #
2016/0133(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the identification of family members orperiodicity and modalities for providing information to applicants on the status of the procedures under this Regulation concerning them, the identification of family members, relatives or any other family relativeons of an unaccompanied minor; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent person; and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 8 of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. .
Amendment 307 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the unmarried minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 308 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2 a (new)
Article 2 – paragraph 1 – point g – indent 2 a (new)
- the dependent married minor children of couples referred to in the first indent or of the applicant, regardless of whether they were born in or out of wedlock or adopted as defined under national law;
Amendment 314 #
2016/0133(COD)
- when the applicant is a minor and married, the father or mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present, on condition that the minor is dependent on the father, mother or other responsible adult;
Amendment 319 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4 a (new)
Article 2 – paragraph 1 – point g – indent 4 a (new)
- when the beneficiary of international protection is a minor and married, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present, on condition that the minor is dependent on the father, mother or other responsible adult;
Amendment 419 #
2016/0133(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU, with the exception of emergency health care, during the procedures under this Regulation in any Member State other than the one in which he or she is required to be present. This paragraph shall not apply to minors and families with children.
Amendment 447 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) of the purpose of the personal interview pursuant to Article 7 and the obligation of submitting and substantiating information regarding the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such informations well as the type of elements, information and evidence that the applicant will be asked to submit for the purpose of determining responsibility, including for the application of the discretionary clauses;
Amendment 485 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate and, when the applicant is a minor, in a child-friendly manner. Where necessary, Member States shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 491 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information provided in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/or the guardian, the legal advisor or other counsellor who is representing the applicant have timely access to the summary as soon as possible after the interview, and in any case before a transfer decision is taken.
Amendment 496 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Where requested by the applicant, the determining authority shall ensure that the interviewers and interpreters are of the same sex as the applicant provided that this is possible and the determining authority does not have reasons to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner.
Amendment 500 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Each Member State where an unaccompanied minor is obliged to be present shall ensure that a representativeguardian represents and/or assists the unaccompanied minor with respect to the relevantall procedures provided for in this Regulation. The representativeguardian shall have the qualifications and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representativea guardian shall have access to the content of the relevant documents in the applicant’'s file including the specific leaflet for unaccompanied minorsinformation materials for unaccompanied minors. The guardian shall be appointed no later than five days from the moment when an unaccompanied minor arrives in the Member State.
Amendment 505 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
The guardian shall be involved in the process of establishing Member State responsibility under this Regulation to the greatest extent possible. To that end, the guardian shall support the minor to provide information relevant to the assessment of their best interests in accordance with paragraph 3, including exercise their right to be heard, and shall support the minor's engagement with other actors, such as family tracing organisations, where appropriate for this purpose, and with due regard to confidentiality obligations to the child. Such a guardian shall have access to the content of the relevant documents in the minor's file including the specific leaflets for unaccompanied minors and the forms provided for in Article 8. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the status of the procedures under this Regulation concerning them. Guardians shall receive regular training and support to undertake their tasks. The Commission shall, by means of implementing acts, provide rules on the qualifications of and training for guardians, the modalities for their engagement with other actors, with due regard for confidentiality and data protection obligations.
Amendment 508 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the minor’s well-being and social development, taking into particular consideration his or her ethnic, religious, cultural and linguistic background and the need for stability and continuity in the minor's care and custodial arrangements and access to health and education services;
Amendment 510 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of human traffickingany form of violence and exploitation, including trafficking in human beings;
Amendment 512 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) situations of vulnerability, including trauma, specific health needs and disability
Amendment 516 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point d – point i (new)
Article 8 – paragraph 3 – point d – point i (new)
i) the need for decisions concerning children to be treated with priority
Amendment 521 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Before transferring an unaccompanied minor toAny decision on the Member State responsible or, where applicable, to the Member State of allocation, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transferon the Member State of allocation concerning an unaccompanied minor shall be preceded by an multidisciplinary assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The and the conclusions of the assessment on each of the factors shall be clearly stated in the decision on responsibility. The multidisciplinary assessment shall be done swiftly by competent staff with the qualifications and expertise to ensure that the best interests of the minor are taken into considerationexpertise in child rights, psychology and development involving the minor's guardian and legal advisor or counsellor to ensure that the best interests of the minor are respected. Before any transfer of an unaccompanied minor, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay.
Amendment 526 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 1
Article 8 – paragraph new5 – subparagraph 1
For the purpose of applying Articles 10 and 19, the Member State where the unaccompanied minor lodgedmade an application for international protection shall, as soon as possible, take appropriate action to identify the family members or, relatives or any other family relativeons of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child, when relevant with the assistance of international or other relevant organisation to facilitate the minor's access to the tracing services of such organisations. The staff of the competent authorities referred to in Article 47 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on child rights, psychology and development.
Amendment 530 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 1 a (new)
Article 8 – paragraph new5 – subparagraph 1 a (new)
Before the transfer of an unaccompanied minor the authorities shall ensure the appointment of a guardian in the receiving Member State. The authorities shall communicate the information regarding the guardian appointed by the receiving Member State to the current guardian together with the modalities for the transfer. The Commission shall, by means of implementing acts, provide rules concerning the modalities for the transfer of guardianship.
Amendment 532 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 543 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point 1 (new)
Article 9 – paragraph 2 – point 1 (new)
(1) In view of the application of the criteria referred to in Articles 10 to 13 and 18, Member States shall take into consideration any available evidence regarding the presence, on the territory of a Member State, of family members, relatives or any other family relations of the applicant, on condition that such evidence is produced before another Member State accepts the request to take charge or take back the person concerned, pursuant to Articles 22 and 25 respectively, and that the previous applications for international protection of the applicant have not yet been the subject of a first decision regarding the substance.
Amendment 553 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor first has lodged his or her application for international protection, unlis present, unless it is not in the best interests of the minor on the basis of the multidisciplinary besst it is demonstrated that this is not in the best interests of the minornterests assessment conducted in accordance with Article 8. Prior to such a determination the applicant shall be allowed to avail himself or herself of the procedures referred to in Article 19.
Amendment 561 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. Where a minor is accompanied by one parent, adult sibling or other adult responsible for the minor, whether by law or by the practice of that Member State, and one parent or other adult responsible for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the Member State responsible shall be that where the parent or other adult responsible for the minor is legally present, provided that this is in the best interests of the minor.
Amendment 738 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph new6
Article 28 – paragraph new6
new6. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation for minor applicants and, where necessary, to linguistic assistance at all stages of the procedures provided for in this Regulation.
Amendment 757 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1 a (new)
Article 29 – paragraph 3 – subparagraph 1 a (new)
Minors shall not be detained; Member States shall instead accommodate minors and families with minors in non- custodial, community-based placements while their immigration status is processed.
Amendment 992 #
2016/0133(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. The authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this Regulation, including as regards the operating procedures for gathering relevant information and assessing the best interests of the child. Member States shall ensure the availability of specially trained staff, or specialized support services for staff, dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors.
Amendment 397 #
2016/0131(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Agency shall, at the request of provide the Commission, provide it with information on specific third countries which could be considered for inclusion inor removal from the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX.
Amendment 400 #
2016/0131(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The European Parliament, the Council or the Commission may request the Agency to carry out a review of the situation in any such third country with a view to assess whether the relevant conditions and criteria set out in that Directive are respected.
Amendment 434 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 a (new)
Article 13 – paragraph 2 – subparagraph 1 a (new)
In order to assist in these duties the agency may conduct unannounced on-site visits without prior notification to the Member State concerned. General guidelines on practical arrangements for such visits shall be established by the Commission in close cooperation with the Member States.
Amendment 453 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
The multi-annual programming shall list the Member States whose asylum and reception systems shall be monitored each year, ensuring that each Member State shall be monitored at least once in every fivthree-year period.
Amendment 467 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Executive Director shall transmit the draft report of the team of experts to the Member State concerned, which shall provide its comments on that draft report. The Executive Director shall then submit the draft report, taking into account the comments of the Member State concerned, to the Management Board. The Management Board shall adopt the monitoring report and transmit it to the Commission, the European Parliament and the Council.
Amendment 485 #
2016/0131(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 501 #
2016/0131(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point g
Article 16 – paragraph 3 – point g
(g) assist withperform its tasks and obligations with regards to the relocation or transfer of beneficiaries ofand applicants for international protection within the Union in accordance with the provisions of regulation xxx/xxx [Dublin regulation];
Amendment 507 #
2016/0131(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point j a (new)
Article 16 – paragraph 3 – point j a (new)
(j a) provide any additional form of operational and technical assistance requested by the Member State in accordance with paragraph 1
Amendment 523 #
2016/0131(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Management Board shall, on a proposal of the Executive Director, decide by a three-fourths majority of members with a right to vote on the profiles of experts and on the share that each Member State shall contribute to constitute the asylum intervention pool. The same procedure shall apply to any subsequent changes in the profiles and the overall number of experts.
Amendment 557 #
2016/0131(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where the asylum and reception systems of a Member State are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems, the Agency shall, at the request of the Member State concerned or on its own initiative, organise and coordinate a comprehensive set of operational and technical measures as referred to in Article 16 and deploy experts from the asylum intervention pool referred to in Article 18 and, experts from its own staff and where necessary additional technical equipment to reinforce the asylum and reception systems within a short period of time.
Amendment 574 #
2016/0131(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Resettlement assistance provided by the Agency The Agency may provide Member States with resettlement assistance, in particular during the establishment of the EU Resettlement Framework. To that end, the Agency may set up teams of resettlement experts. The arrangements for the provision of assistance by the Agency shall be governed by Regulation (EU) XXX/XXX (EU Resettlement Framework).
Amendment 591 #
2016/0131(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point e a (new)
Article 31 – paragraph 1 – point e a (new)
(ea) performing its tasks under Regulation (EU) XXX/XXX (EU Resettlement Framework), wherever necessary;
Amendment 596 #
2016/0131(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point g a (new)
Article 32 – paragraph 2 – point g a (new)
(ga) performing its tasks under Regulation (EU) XXX/XXX (EU Resettlement Framework), wherever necessary;
Amendment 601 #
2016/0131(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. In matters related to its activities and, to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the Union's external relations policy, including with regard to the protection of fundamental rights, and in cooperation with the European External Action Service. The Agency and the Member States shall promote and comply with norms and standards equivalent to those set by Union legislation, including the EU charter of Fundamental Rights, the 1951 Geneva Refugee Convention and its 1967 protocol, also when carrying out activities on the territory of those third countries.
Amendment 607 #
2016/0131(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 626 #
2016/0131(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. The Management Board shall be composed of one representative from each Member State, two representatives of the European Parliament and two representatives of the Commission, which shall have the right to vote.
Amendment 639 #
2016/0131(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. The Mmanagement Bboard may establish an E small-sized executive Bboard, composed of the Chairperson of the Management Board, the two representatives of the Commission toto assist it and the executive director with regard to the preparation of the decisions, programmes and activities to be adopted by the Mmanagement Bboard and three other memberso take certain provisional, urgent decisions on behalf of the Mmanagement Bboard, to assist it and t when necessary. The Eexecutive Director with regard to the preparation ofboard shall not take decisions, the annual and multi-annual programming and activities to be adopted byat must be passed by either a two-thirds or three-quarters majority of the Mmanagement Bboard. WThen necessary, because of urgency, management board may delegate certain clearly defined tasks to the Eexecutive Bboard may take certain provisional decisions on behalf of the Management Board, in particular on administrativ, in particular where this improves the efficiency of the Agency. It may not delegate to the executive board tasks related to decisions that must be passed by either a two-thirds or three-quarters majority of the management matters. board.
Amendment 651 #
2016/0131(COD)
Proposal for a regulation
Article 46 – paragraph 5 – point o a (new)
Article 46 – paragraph 5 – point o a (new)
(o a) submitting reports on compliance with the duty to cooperate in good faith to the Management Board and the European Commission in accordance with article 3(4)
Amendment 660 #
2016/0131(COD)
Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 2
Article 48 – paragraph 3 – subparagraph 2
Amendment 683 #
2016/0131(COD)
Proposal for a regulation
Article 68 – paragraph 2 a (new)
Article 68 – paragraph 2 a (new)
Article XXX shall apply from [Date]
Amendment 2 #
2015/2340(INI)
Draft opinion
Recital A (new)
Recital A (new)
A. Whereas illegal migration flows increase the risks of trafficking since irregular migrants - by virtue of their vulnerability and clandestinity - are particularly at risk of being trafficked; whereas, among these migrants, unaccompanied minors - who account for a large share of the migrants arriving in Europe - are a target group for trafficking networks; whereas, according to Europol, 10 000 of them have already disappeared;
Amendment 3 #
2015/2340(INI)
Draft opinion
Recital B (new)
Recital B (new)
B. Whereas, according to Europol, the spread of internet access throughout the world allows trafficking to flourish more in the online environment; whereas this brings new forms of recruitment and exploitation of victims;
Amendment 4 #
2015/2340(INI)
Draft opinion
Recital C (new)
Recital C (new)
C. Whereas there is a link between the trafficking in migrants and trafficking in human beings; whereas people-trafficking networks rely, inter alia, on the internet to advertise their services to potential migrants;
Amendment 5 #
2015/2340(INI)
Draft opinion
Recital D (new)
Recital D (new)
D. Whereas cooperation between Member States, Europol and the countries of origin and transit of trafficking victims is an essential tool in the fight against trafficking networks;
Amendment 25 #
2015/2340(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that trafficking victims from third countries must be detected at the earliest possible stage in the network and that greater efforts must therefore be made at the borders to detect victims as they enter the EU; Urges the Commission and the Member States to ensure that law enforcement personnel, including agencies such as Frontex, are provided with adequate training in THB, with an emphasis on the special needs of trafficked women, children and other vulnerable groups and on how to provide incentives and adequate protection for victims of THB and for others to report traffickers; emphasises in this regard the importance of exchanges of best practices between the authorities of Member States in particular regarding the conduct of interviews at borders in the context of both legal migration (customs officers) and irregular migration (hotspots in particular); stresses also the need for border guards and coastguards to have access to Europol's databases;
Amendment 35 #
2015/2340(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to assess the need to review the mandate of the future European Public Prosecutor’s Office to include powers, once established, to tackle human trafficking;
Amendment 59 #
2015/2340(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Takes the view that trafficking victims have an essential role to play as witnesses in dismantling networks; stresses the importance of ensuring the effective protection of victims so that they can testify safely;
Amendment 77 #
2015/2340(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission to evaluate the use of internet in the context of human trafficking, particularly as regards online sexual exploitation; requests that the fight against online trafficking be enhanced by Europol within the framework of the EU IRU (Internet Referral Unit) to detect, report and remove online material on trafficking;
Amendment 78 #
2015/2340(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Asks the Commission to adjust its cooperation with third countries to the new development of trafficking via the Internet; calls on the Commission and Europol to consider the possibilities of cooperation between the European anti- cybercrime bodies (especially in the framework of Europol) and those of third countries; requests also the Commission to consider all useful means of cooperation with Internet service providers to detect and combat trafficking-related online content; requests the Commission to keep Parliament duly informed;
Amendment 86 #
2015/2340(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Stresses that forced marriage can be seen as a form of trafficking in human beings if it contains an element of exploitation of the victim, and calls on all Member States to include this dimension; stresses that exploitation may be sexual (marital rape, forced prostitution and pornography) or economic (domestic work and forced begging), and that the ultimate aim of trafficking can be forced marriage (selling a victim as a spouse or entering a marriage under duress); recalls the potential transnational character of forced marriage; calls therefore on Member States to ensure that the national authorities in charge of migration are adequately trained in the issue of forced marriage in the context of trafficking; calls on the Commission also to strengthen the exchange of best practices in this regard;
Amendment 2 #
2015/2258(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Calls on the Commission to revise its Disability Strategy 2010-2020 with a view to the full implementation of the United Nations Convention on the Rights of Persons with Disabilities and in the light of the concluding observations by the UN Committee on the Rights of Persons with Disabilities of 2 October 2015, accompanied by a timetable and precise indicators;
Amendment 4 #
2015/2258(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
– having regard to the study of the European Union Agency for Fundamental Rights of December 2015 on ‘Violence against children with disabilities: legislation, policies and programmes in the EU’,
Amendment 6 #
2015/2258(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Strongly deplores, likewise, the delay to the ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, and calls on the Commission and Member States to bring about its swift ratification;
Amendment 21 #
2015/2258(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the violence, intimidation and sexual abuse at school, at home or in institutions to which disabled children are more vulnerable; urges the European Union and its Member States to act with greater effectiveness and to combat violence against disabled children by means of specific measures and accessible support services;
Amendment 28 #
2015/2258(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers full and complete access to the political system for persons with disabilities to be a priority; recognises that this access must be more than mere physical access to cast a vote, and that it should include a wide range of initiatives to open the democratic process to all citizens; calls on the Commission and the Member States to ensure that the provisions of Article 3(2) of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime and of Directives 2010/64/EU on the right to interpretation and translation in criminal proceedings and 2012/13/EU on the right to information in criminal proceedings, and in particular Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty, are properly and fully implemented, especially in the case of persons with disabilities;
Amendment 29 #
2015/2258(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 38 #
2015/2258(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Deplores the lack of accessibility of the European emergency number 112, and calls on the Commission to improve the accessibility of this number for people with disabilities by using the new generation of 112 technologies;
Amendment 49 #
2015/2258(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Deplores wholeheartedly the disastrous conditions in which it has been found that people with disabilities are being detained in certain European Union Member States, and calls on States to do everything possible to comply with the European Convention on Human Rights and Article 3 thereof banning inhuman and degrading treatment;
Amendment 75 #
2015/2258(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States and the Commission to take steps to combat all forms of discrimination, including multiple and intersectional discrimination based on disability, with special regard to women and children with disabilities and to those whose disabilities change over time; recommends that all disability strategies include special provisions to address and mainstream the rights of children with disabilities; invites Member States and the Commission to address violence against children with disabilities through an integrated approach, setting out specialised measures and accessible support services within child protection systems;
Amendment 80 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses on the need to increase support and specific provisions for persons with disabilities in humanitarian settings, in particular children, and calls on the European Commission to map down investments and funding in support of persons with disabilities in emergencies, including gender and age disaggregated data;
Amendment 83 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Underlines the importance of achieving all disability related Sustainable Development Goals, in particular regarding Goal 4 on ensuring inclusive, equitable quality education and the need to increase the number of schools with access to adapted infrastructure and materials for students with disabilities and to invest in teacher competencies for inclusive education and participation of children in school and the community;
Amendment 84 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Commission to include in the next Agenda on the Rights of the Child a comprehensive rights-based strategy for boys and girls with disabilities and safeguards to protect their rights;
Amendment 85 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the European Commission and Member States to ensure that boys and girls with disabilities and their representative organisations be consulted in all matters affecting them - with appropriate assistance provided, according to their disability and age;
Amendment 131 #
2015/2258(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is concerned that the European Structural and Investment Funds are being misused to foster institutionalisation, and calls on the Member States and the Commission to strengthen their monitoring in line with the CRPD and in consultation with disability organisations; calls on the European Commission and Member States to take necessary measures, including through the use of ESI Funds and other relevant European Union funds, to develop support services in local communities for boys and girls with disabilities and their families, foster deinstitutionalisation and prevent new institutionalisation, and promote social inclusion and access to inclusive quality education for boys and girls with disabilities;
Amendment 138 #
2015/2258(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to prevent or alleviate poverty, vulnerability and social exclusion among persons with disabilities and their families, with special regard to children with disabilities, in the context of a European Pillar of Social Rights;
Amendment 2 #
2015/2229(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the UN Convention on the Rights of the Child and to the European Parliament resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child,
Amendment 10 #
2015/2229(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Council conclusions of 5 December 2014 on the promotion and protection of children's rights,
Amendment 41 #
2015/2229(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in 2014 an estimated 230 million children currently living in countries and areas affected by armed conflicts are exposed to extreme violence, trauma, forcibly recruited and deliberately targeted by violent groups;
Amendment 162 #
2015/2229(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Strongly underlines the importance of systematically assessing the implementation of the EU Guidelines on Human Rights, including the implementation of the EU Guidelines for the Promotion and Protection of the Rights of the Child, by using well-defined benchmarks; considers that, in order to ensure proper implementation of the Guidelines, further measures aimed at raising awareness of their content among EEAS and EU Delegation staff must be taken;
Amendment 179 #
2015/2229(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Deplores the fact that the proper implementation of legal frameworks for the protection of minorities remains a challenge, as stated in the Commission’s Enlargement Strategy for 2014-2015; invites the enlargement countries to step up their efforts to forge a culture of acceptance of minorities through, for example, improved inclusion of minorities in the education system with a special focus on Roma children;
Amendment 272 #
2015/2229(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Reiterates its full support for the EU’s strong engagement in promoting the advancement of human rights and democratic principles through cooperation with the structures of the United Nations and its specialised agencies, the Council of Europe, the Organisation for Security and Cooperation in Europe and the Organisation for Economic Cooperation and Development, in line with Articles 21 and 220 TEU; welcomes therefore the adoption of the Sustainable Development Goals;
Amendment 348 #
2015/2229(INI)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Recalls that the 2014 Sakharov Prize was awarded to Dr Denis Mukwege for his strong engagement with victims of sexual violence and continuous promotion of women’s rights; strongly condemns all forms of abuse and violence against women and girls, including female genital mutilation, child marriage and other forms of harmful traditional practices;
Amendment 355 #
2015/2229(INI)
Motion for a resolution
Paragraph 69 c (new)
Paragraph 69 c (new)
69c. Strongly condemns the continued use of rape against women and girls as a weapon of war; stresses that more needs to be done to ensure respect of international law and access to health and psychological care for women and girls abused in conflicts; calls on the EU, the Member States, international organisations, and civil society to increase cooperation to raise awareness and combat impunity;
Amendment 366 #
2015/2229(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Welcomes the Council conclusions on the promotion and protection of the rights of the child, adopted in December 2014, and calls for the EU to continue supporting partner countries in combatting all forms of violence against children and reinforcing their capacities to protect children’s rights; welcomes the global roll-out in 2014 of the EU-UNICEF Child Rights Toolkit reaffirming the EU's commitment to mainstream children's rights in all sectors and policies;
Amendment 374 #
2015/2229(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Reiterates its request for the Commission to propose a comprehensive Child Rights Strategy and Action Plan for the next five years, supporting the EU’s efforts to promote children’s rights, namely by contributing to ensuring children’s access to water, sanitation, healthcare and education, as well as by eliminating child labour and assisting children in armed conflicts; commends the "Children No Soldiers" campaign and calls on the EU and Member States to step up their support in order to reach the target of ending the recruitment and use of children in conflicts by government armed forces by 2016.
Amendment 376 #
2015/2229(INI)
Motion for a resolution
Paragraph 73 b (new)
Paragraph 73 b (new)
73 b. Underlines that children are particularly vulnerable in the current refugee and migrant crisis and especially when unaccompanied and that conflicts and instability have uprooted millions of children across several countries around Europe; calls on the Member States to take into account the best interest of the child in all procedures and ensure protection for children and particularly access to safe water, food, health care and education;
Amendment 3 #
2015/2129(INI)
Motion for a resolution
Citation 2
Citation 2
– having regard to Articles 7, 8, 24, 47, 48 and 52 of the Charter of Fundamental Rights of the European Union,
Amendment 9 #
2015/2129(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
–A. whereas the sexual abuse and sexual exploitation of children constitute serious violations of fundamental rights, in particular of the right of children to the protection and care necessary for their well-being, as provided for by the 1989 UN Convention on the Rights of the Child and by the Charter of Fundamental Rights of the European Union;
Amendment 10 #
2015/2129(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
Amendment 37 #
2015/2129(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
–1. Takes the view that Directive 2011/93/EU constitutes a sound and comprehensive legal framework for combating the sexual abuse and sexual exploitation of children; deplores the fact that it has not yet been fully implemented and its full scope exploited by the Member States, however;
Amendment 38 #
2015/2129(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. NotesDeplores the fact that the Member States have faced significant challengesbeen very slow in transposing and implementing the Directive, in particular as regards the provisions on prevention, investigation and prosecution as well as protection and assistance to victims, and urges the Member States to step up their efforts to transpose it properly and in full;
Amendment 41 #
2015/2129(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Regrets that the Commission was not able to present its implementation reports within the deadline set out in Article 28 of Directive 2011/93/EU and therefore; calls on the Member States to ensure that legal transposition is translated into effective implementation so as to ensure the protection of child victims and zero tolerance for child sexual abuse, and urges them to forward all the relevant information to the Commission;
Amendment 46 #
2015/2129(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Deplores the fact that in its two evaluation reports the Commission deems much of the information provided by the Member States ‘inconclusive’, with the result that a comprehensive, objective evaluation of the implementation of Directive 2011/92/EU is still impossible; calls on the Commission to draw up as soon as possible a comprehensive report on the implementation of Directive 2011/93/EU in practice;
Amendment 51 #
2015/2129(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Deplores, further, the lack of precise and comprehensive statistics on the sexual abuse and sexual exploitation of children, including online, and calls on the Member States and the Commission to step up their efforts in this area;
Amendment 55 #
2015/2129(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Believes it is essential to use the correct terminology for crimes against children and to use the adequate terms of "child sexual abuse material" instead of "child pornography"; in this regard, ask the Commission to proceed to a technical correction of the Directive 2011/29/EU;
Amendment 72 #
2015/2129(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission and the Member States to increase the resources earmarked for the identification of victims, and urges the nine Member States which have not yet transposed Article 15(4) of Directive 2011/92/EU on the identification of victims to do so without delay and implement that provision by setting up special investigative teams equipped with appropriate tools and resources;
Amendment 80 #
2015/2129(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the main challenges facsignificant problems encountered by the law enforcement and judicial authorities in the investigation and prosecution of child sexual abuse offences online stem from the dependence on electronic evidence and digital investigative techniques, which are made less effective by new technologies such as encryption, and also by the discrepancies in data retention rules between the Member Stat, which stem in particular from the cross-border nature of many investigations or from dependence on electronic evidence and digital investigative techniques;
Amendment 103 #
2015/2129(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to incorporattroduce into their legislation mandatory background checks for persons applying or volunteering for activities or jobs relating to children, including software and online content developers, travel agents and legal entities/persons, and to systematically exchange information on individuals posing a risk to children;
Amendment 114 #
2015/2129(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 115 #
2015/2129(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the Member States to develop or to reinforce child helplines that provide help and support for children that are victims of sexual abuses or exploitation and that fulfil children's fundamental right to be heard; asks the Member States to ensure the 24H/24 availability of these helplines, their accessibility via different means of communication, their confidentiality, that they are free of cost for the children but also for the helplines, their clear positioning within national child protection systems and to guarantee structural and long term funding for these helplines;
Amendment 125 #
2015/2129(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Acknowledges that the Member States have put in place legislation and administrative measures to remove webpages containing child pornography hosted on their territory; regrets the fact that only half of the Member States have incorporated provisions into their legislation points out that removing webpages of this kind remaking it possible to block access to such webpages for users within their territory; calls on the Member States to fully implement Article 25, including blocking child sexual abuse material where possible, and with the relevant safeguards in places the most effective long-term measure to combat illegal content;
Amendment 132 #
2015/2129(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Acknowledges that the Member States can block access to webpages which contain or disseminate content which showcases child sexual abuse or exploitation, but only as a second option if it has not been possible to remove the webpages in question, in keeping with the ‘take-down rather than blocking’ principle;
Amendment 136 #
2015/2129(INI)
20. Calls on the Member States to speed up, in cooperation with the Internet industry, the notice and take-down procedures and to establish partnerships with the online industry to prevent networks and systems from being hacked and misused to distribute child sexual abuse materialRecognises the progress that has been made in removing content of this kind; deplores the fact, however, that removal procedures still take too long, and emphasises the need to reduce the time taken to remove content of this kind; calls on the Member States to speed up, in cooperation with the Internet industry, the notice and take-down procedures and to establish partnerships with the online industry; points out that, when content is made available from third countries, such partnerships should also involve stepping up cooperation with third countries in order to secure the prompt removal of the content in question;
Amendment 139 #
2015/2129(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Regrets the lack of available information, at both national, European and international level regarding the take- down proceedings, the speed of removal of content or delays in removal, transnational cooperation in that matter, blocking proceedings, methods and safeguards, as well as the results of these measures, leading to a policy assessment that does not necessary reflect the extent of the problem;
Amendment 146 #
2015/2129(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges the Member States to make it mandatory for internet service providers (ISP) to report child sexual abuse material detected in their infrastructure proactively to law enforcement authorities, as well as to national hotlines;
Amendment 152 #
2015/2129(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recognises the active and supportive role in combating child sexual abuse material on the Internet played by civil society organisations, as is the case with the Internet Watch Foundation in the UK; urges the Member States which have not yet done so to set up such hotlines and takes the view that they should be allowed to search for child sexual abuse material online proactively;
Amendment 155 #
2015/2129(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
Amendment 157 #
2015/2129(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Welcomes the work of the INHOPE network that allows a good cooperation between internet hotlines which operate worldwide and speed-up removal and take-down proceedings ;
Amendment 158 #
2015/2129(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Calls on the Member States, in accordance with Article 23, to provide appropriate training and to build up competences to deal with the new threats in the online environment and the widespread use of, and access to, mobile technologies and the internet, in particular among the judiciary and police units, to assist them in properly investigating and prosecuting perpetrators and in offering assistance to the victims;
Amendment 12 #
2015/2118(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas under Directive 2011/36/EU the following intentional acts are punishable: the recruitment, transportation, transfer, harbouring or reception of persons, including the exchange or transfer of control over those persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation; whereas the own-initiative report on which this opinion is based is limited to an analysis of the implementation of Directive 2011/36/EU;
Amendment 13 #
2015/2118(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas trafficking in human beings is transnational in nature; whereas a European approach, both in monitoring the phenomenon and in coordinating responses to it, is needed in order to effectively tackle this type of organised crime;
Amendment 22 #
2015/2118(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas the exploitation of others for sex shows should be considered trafficking in human beings;
Amendment 23 #
2015/2118(INI)
Draft opinion
Recital D b (new)
Recital D b (new)
Db. whereas new technologies and the internet can facilitate the recruitment of victims and the advertising and selling of services connected with trafficking in human beings on a global scale;
Amendment 50 #
2015/2118(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to establish asmake it a criminal offence theo knowingly use of trafficked services and exploitation; in accordance with Article 2(3) the term exploitation covers, as a minimum, sexual exploitation or the exploitation of the prostitution of others, forced labour or services (including begging, slavery and exploitation of criminal activities) and the removal of organs;
Amendment 58 #
2015/2118(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that the cumulative effect of different types of discrimination on the grounds of sexual orientation or gender identity makes LGBTI people particularly vulnerable to trafficking in human beings; calls on the Member States to address the unique needs of LGBTI people; calls on the Commission to promote the exchange of best practices in this regard;
Amendment 61 #
2015/2118(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that forced marriage can be seen as a form of trafficking in human beings if it contains an element of exploitation of the victim, and calls on all Member States to include this dimension; stresses that exploitation may be sexual (marital rape, forced prostitution and pornography) or economic (domestic work and forced begging), and that the ultimate aim of trafficking can be forced marriage (selling a victim as a spouse or entering a marriage under duress); stresses that it is difficult for the authorities to detect such trafficking as it takes place in the private sphere; calls on the Member States to provide appropriate refuge services for these victims; calls on the Commission to strengthen the exchange of best practices in this regard;
Amendment 64 #
2015/2118(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Is concerned at the growing phenomenon of sexual grooming; points out that the victims are often in a state of emotional dependence, which hinders investigative work as they are less easily identified as victims of trafficking in human beings and often refuse to testify against the person grooming them; calls on the Commission to strengthen the exchange of best practices in this regard; calls on the Member States to provide a specific refuge for these victims and to ensure that law enforcement and judicial services recognise their status as victims, in particular if they are minors, so as to avoid stigmatising them for ‘deviant behaviour’;
Amendment 66 #
2015/2118(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Stresses that many victims of sexual exploitation are drugged for the purpose of keeping them in a state of physical and psychological dependence; calls, therefore, on the Member States to provide specialised support programmes for these victims and to recognise this as an aggravating circumstance in their criminal justice response to trafficking in human beings;
Amendment 68 #
2015/2118(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Recalls that Regulation 2015/2219/EU on the European Union Agency for Law Enforcement Training (CEPOL) provides for CEPOL to promote, in its training activities, common respect for, and understanding of, fundamental rights in law enforcement, such as the rights, support and protection of victims, including safeguarding the rights of victims of gender-based violence; stresses the importance of these provisions in the context of trafficking in human beings, given the vulnerability of the victims, and calls on CEPOL to take full account of this dimension in the development of all future training;
Amendment 76 #
2015/2118(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. CNotes that Directive 2011/36/EU prohibits the criminalisation of victims of trafficking in human beings; calls on the Commission to come forward with proposals that create consistency in EU legislation, to ensure that victims of THB are entitled to proper support and assistance; calls on the Commission to strengthen the exchange of best practices on protection of victims;
Amendment 81 #
2015/2118(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on all Member States to effectively guarantee the rights of victims, in particular by providing access to legal aid, legal assistance and psychological and medical support, including the right to an abortion for victims of sexual exploitation; notes that Directive 2012/29/EU lays down minimum standards on the rights, support and protection of victims of crime and that the implementation of Directive 2011/36/EU should be analysed in the light of the provisions of Directive 2012/29/EU;
Amendment 84 #
2015/2118(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to assess the effectiveness of cooperation between the Member States and Europol in combating trafficking in human beings; stresses the importance of systematic exchange of data and of all Member States contributing to the European databases used for this purpose, including the Europol databases Focal Point Phoenix and Focal Point Twins; stresses the need for border guards and coast guards have access to Europol databases;
Amendment 87 #
2015/2118(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission to investigate further, in the light of Directive 2011/36/EU, the role of the internet, social networks and new technologies in trafficking in human beings, in particular with regard to sexual exploitation on pornographic sites and sites offering online sex shows;
Amendment 89 #
2015/2118(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on Europol and the Member States to strengthen their action against recruiters, whether via a proactive approach or on the basis of a victim’s testimony in accordance with Article 9 of Directive 2011/36/EU; stresses that recruiters use a variety of channels, including social networks and internet sites (online recruitment agencies); calls on the Commission to expand the mandate of Europol’s EU IRU (EU Internet Referral Unit) in the fight against trafficking in human beings;
Amendment 90 #
2015/2118(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Calls on the Commission to develop a privileged partnership with the major internet companies and to keep Parliament duly informed;
Amendment 93 #
2015/2118(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for better implementation and monitoring of Article 8 of the directive, so as to ensure the non-prosecution and non- application of penalties to victims of THB, and emphasises that this includes the non- application of penalties for persons in forced prostitution and non-punishment for irregular entry or residence in countries of transit and destination;
Amendment 107 #
2015/2118(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to assess the need to review the mandate of the future European Public Prosecutor’s Office to include powers, once established, to tackle trafficking in beings;
Amendment 1 #
2015/2110(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA,
Amendment 15 #
2015/2110(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. whereas the primary goal of organised crime is profit; whereas law enforcement must therefore have the capacity to turn the spotlight on the financing of organised crime, often inherently linked to corruption, fraud, counterfeiting and smuggling;
Amendment 17 #
2015/2110(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Points out the need for a multidisciplinary approach to prevent and combat organised crime effectively; stresses in this regard the role of the European crime prevention network and the need to give it financial support;
Amendment 21 #
2015/2110(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to put in place a European action plan to combat organised crime, corruption and money laundering;
Amendment 43 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to launch specific actions to enhance European cooperation in the fight against organised crime, corruption and money laundering and to raise awareness of the human, social and economic damage inflicted by these activities;
Amendment 60 #
2015/2110(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Welcomes the presentation by the Commission of an action plan against illicit trafficking in and use of firearms and explosives; insists on the need to implement this action plan without delay;
Amendment 63 #
2015/2110(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Calls on the Member States to systematically exchange all PNR data deemed necessary and relevant concerning persons linked with organised crime;
Amendment 70 #
2015/2110(INI)
Motion for a resolution
Paragraph 10 – point a
Paragraph 10 – point a
(a) a common definition of organised crime, which could be construed as being a structured group that has existed for a period of time and is made up of more than two persons who work together for the purpose of illegally obtaining, directly or indirectly, a financial and/or material advantage, and which seriously undermines the social and economic cohesion of the EU and its Member States;
Amendment 81 #
2015/2110(INI)
Motion for a resolution
Paragraph 10 – point c a (new)
Paragraph 10 – point c a (new)
(ca) a dedicated European witness protection programme;
Amendment 96 #
2015/2110(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates its call for the establishment of an independent European Public Prosecutor’s Office with clearly defined responsibilities and powers and with adequate resources;
Amendment 100 #
2015/2110(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for the European Public Prosecutor’s Office to be given responsibility for action to combat cross- border crime;
Amendment 115 #
2015/2110(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the fact that cross-border police and judicial cooperation involves excessively lengthy, bureaucratic procedures that hamper its efficiency and jeopardise the effectiveness of the fight against organised crime at EU level; calls on the Member States to increase the resources they devote to cross-border police and judicial cooperation, to guarantee the mutual admissibility of evidence between Member States, and to ensure that greater use is made of joint investigation teams and to employ a common system for communication and for exchanging information relevant to the fight against organised crime and corruption;
Amendment 122 #
2015/2110(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges the Member States to systematically input data into and make use of the data in existing European databases relating to the fight against organised crime and corruption and to invite the European agencies Europol and Eurojust to facilitate this exchange of information;
Amendment 130 #
2015/2110(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to revise Directive 2014/42/EU on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union by including the possibility of rendering liable to prosecution both the conduct of those who transfer to others the ownership or the availability of financial capital or movable property in order to avoid a freezing or confiscation measure, and the conduct of the third parties that accept the ownership or availability of this capital; recommends that the Member States take a proactive stance and adopt provisions in this area;
Amendment 182 #
2015/2110(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recalls that cybercrime is frequently used as a means of money laundering and counterfeiting; points out that it constitutes an important source of revenue for many criminal groups and that European legislation in this regard must be reinforced;
Amendment 183 #
2015/2110(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Points out that cybercrime is closely linked to cross-border crime and calls on the Member States to strengthen their cooperation in this regard;
Amendment 32 #
2015/2095(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Commission Communication 'Action Plan on Unaccompanied Minors',[1]and the European Parliament Resolution of 12 September 2013 on the situation of unaccompanied minors in the EU [1] COM 82010)0213 def Communication from the Commission to the European Parliament and the Council - Action Plan on Unaccompanied Minors (2010-2014)
Amendment 70 #
2015/2095(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in 2015, over 3.771 persons are reported dead or missing in the Mediterranean sea, according to the International Organisation for Migration8 ; whereas children represent 30 per cent of all recorded deaths in the Aegean Sea[1]; whereas according to recent Europol data at least 10 000 unaccompanied children have disappeared after arriving in Europe [1] IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf __________________ 8 IOM, Missing Migrants Project, http://missingmigrants.iom.int/.
Amendment 90 #
2015/2095(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the on-going refugee crisis has highlighted the disproportionate responsibilities placed on certain Member States situated on the external borders of the European Union and the need to establish a sharing of responsibilities with regards to the reception of asylum seekers as well as the management of the EU external border;
Amendment 102 #
2015/2095(INI)
Motion for a resolution
Recital G
Recital G
G. whereas migrant smuggling, trafficking and labour exploitation are distinct legal phenomena, tackled by distinct legal frameworks at the EU and international level, requiring properly targeted responses, while often overlapping in practice; and whereas criminal smuggling and trafficking networks can change their modus operandi very quickly, thus requiring rapidly adapted responses based on the most recent and accurate data; Whereas efforts to counter the smuggling of migrants should not affect those that are providing humanitarian assistance to irregular migrants;
Amendment 113 #
2015/2095(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the creation of safe and legal routes to the EU for both asylum seekers and economic migrants is the most efficient way to fight smugglers and save lives;
Amendment 153 #
2015/2095(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas all EU Member States have a duty to protect and promote the rights of all children and ensure that migrant children are treated first and foremost as children and that the principle of the child's best interests takes precedence over migration management objectives;
Amendment 202 #
2015/2095(INI)
Motion for a resolution
Recital U a (new)
Recital U a (new)
U a. whereas EASO disposes of a staff of 75 people, which is very limited with regards to the number of tasks it has to accomplish;
Amendment 211 #
2015/2095(INI)
Motion for a resolution
Recital V a (new)
Recital V a (new)
V a. whereas the multifaceted character of the internal and external aspects of the migratory policy necessitates a coordinated and concerted approach by all affected European actors; whereas all affected commissioners and their respective administrations should ensure that all necessary efforts are being made to increase their cooperation in order to ensure a coherent and efficient migratory policy on the European level;
Amendment 259 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety, recommends that, in planning such search and rescue operations, child specific measures be taken, such as child safeguarding policies in manuals on search and rescue, child protection trainings and child-focused care at disembark;
Amendment 278 #
2015/2095(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes that an effective guardianship and a child-sensitive protection systems are key to preventing abuse, neglect and exploitation of children deprived of parental care; stresses the importance of defining EU guidelines for an harmonized guardianship systems aimed at providing adequate support and protection and at granting that foreign and national children are treated equally;
Amendment 294 #
2015/2095(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines that efforts should be made to enhance the capacities of Member States to investigate and prosecute migrant smuggling networks notably through stronger coordination between law enforcement and judiciary structures in the European Union and the sharing of information between Member States and with EU Agencies;
Amendment 410 #
2015/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is of the opinion that, in addition toNotes the criteria contained in the Relocation Decisions, namely the GDP of the Member State, the population of the Member State, the unemployment rate in the Member State, and the past numbers of asylum seekers in the Member State, consideration should be given to two other criteria, namely, the size of the territory of the Member State and the population density of the Member State;
Amendment 431 #
2015/2095(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the preferences of the applicant should, as much as practically possible, be taken into account when carrying out relocation; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop the relocation process; further recalls that the best interest of the child must be a primary consideration should always guide any decision on relocation involving children;
Amendment 504 #
2015/2095(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Supports the creation, in the framework of the reforms of the Visa Code, of a humanitarian visa which should allow its holder to enter into the territory of the Member State that has issued it for the sole purpose of asking for international protection in accordance with definitions of article 2(a) of the directive 2011/95/EU;
Amendment 519 #
2015/2095(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Regrets the existence of strong disparities between Member States with regards to the recognition rates for asylum requests, the lengths of the procedures and the access to education, social rights and the labour market; Recommends therefore a revision of the asylum procedures directive with a view to increase the harmonisation between Member States of the reception conditions, the procedural deadlines, access to education, the labour market and social rights;
Amendment 520 #
2015/2095(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Calls for an increased sharing of best practices within the field of reception conditions and asylum procedures and suggests in this context to make use especially of the experience within local and regional authorities;
Amendment 547 #
2015/2095(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Observes that the operation of the Dublin III Regulation10 has raised many questions linked to fairness and solidarity in the allocation of the Member State responsible for examining an application for international protection; notes that the current system does not take into sufficient consideration the particular migratory pressure faced by Member States situated at the Union’s external borders; believes that the European UnionMember States needs to accept the on-going difficulties with the Dublin logic, and tohat the European Union should develop options for solidarity both among its Member States and the migrants concerned; __________________ 10 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 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 (recast) (OJ L 180, 29.6.2013, p. 31).
Amendment 555 #
2015/2095(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Points out that the pressure placed on the system – as established by the Dublin Regulation – by the rising number of migrants arriving in the Union has shown that, as implemented, the system has largely failed to achieve its two primary goals of establishing objective and fair criteria for allocation of responsibility and of providing swift access to international protection; Further points out that these failures have been present also before the current crisis and that the effects have only been exacerbated by it;
Amendment 594 #
2015/2095(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Points out that one option forConsiders that a fundamental overhaul of the Dublin system wshould binclude tohe establishment of a central collection of applications at Union level – viewing each asylum seeker as someone seeking asylum in the Union as a whole and not in an individual Member State – and to establish a central system for the allocation of responsibility for any persons seeking asylum in the Union; suggestconsiders that such a system could provide for certain relative thresholds per Member State, above which no further allocation of responsibility could be made until all other Member Statefunction on the basis of a number of Union ‘hotspots’ from where Union distribution should principally take place; Considers thave met their own thresholds,t the same rules which cwould conceivably help in deterring secondary movements,apply for distribution for asn all Member States would be fully involvpplication submitted in a hot spot should be applied inf the centralised system anasylum seeker has travelled nto longer have individual responsibility for allocation of applicants to other Member States; believea country where there are no hot spots in order to submit his or her application; considers thus that suchan a system could function on the basis of a number of Union ‘hotspots’ from where Union distribution should take placelum seeker should not be able to affect the chances of a particular Member State examining his or her application by travelling there in order to submit the application; underlines that any new system for allocation of responsibility must incorporate the key concepts of family unity and the best interests of the child;
Amendment 659 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Notes that an inclusive society should be built with the participation of all the actors involved in that society and therefore suggests that even though integration is a competence of the Member States the exchange of best practices in the field of integration is strengthened, inter alia through the creation of a network for the sharing of best practices and relevant data at the local level;
Amendment 660 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40 b. Calls on the European Commission to organise an annual Structured Dialogue on Integration together with the European Committee of the Regions with a view to draw up, review, and update guidelines for local and regional authorities across the continent in order to ensure smooth integration;
Amendment 661 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 c (new)
Paragraph 40 c (new)
40 c. Underlines that integration can be enhanced through reception policies for asylum-seekers which promote social inclusion, rather than isolation and separation from host communities; recalls the key role local and regional authorities play in this regard, and thus, calls on Member States to resource local and regional authorities appropriately according to their needs and to allow for their contribution to sharing best practices at EU level;
Amendment 662 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 d (new)
Paragraph 40 d (new)
40 d. Considers that language, accommodation and employment are vital for integration; Considers therefore that language training should be provided upon commencement of the asylum procedure, unless it is reasonably foreseen that the asylum-seeker will stay in the country for a period not exceeding a few weeks, as it facilitates the active participation of children in school, is important for accessing employment in the host country and may also be a valuable additional asset upon return home;
Amendment 663 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 e (new)
Paragraph 40 e (new)
40 e. Underlines the large number of minors among the migrants; insists on the importance of ensuring a maximum level of continuity in their schooling when arriving on the European territory; recalls that this constitutes a vital condition for their wellbeing and their integration in their new environment;
Amendment 705 #
2015/2095(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Encourages the Member States to seek to keep families together, which will assist integration prospects in the long-term as the focus can be directed towards the establishment of a new life instead of concerns towards family members that are still in insecure situations; urges Member States to take all measures necessary to prevent the separation of a child from his/her parents;
Amendment 723 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. On Unaccompanied Minors (new title)
Amendment 724 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47 b. Recalls that refugee and migrant children should be provided with information on their right to family reunification and how to claim it in a child-friendly way; Recalls that support and protection should be extended to unaccompanied and separated children, in line with their best interests, and that applications for family reunification filed by unaccompanied and separated children should be expedited;
Amendment 725 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47 c. Calls on Member States to fully apply the specific provisions of the Common European Asylum System concerning unaccompanied minors, including access to legal assistance, guardianship, access to healthcare, accommodation and education, the right to be spoken in a language they understand, to have interviews with trained officials not in a uniform, etc.; calls on the Member States to end detention of children because they are migrants.
Amendment 726 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 d (new)
Paragraph 47 d (new)
47 d. Calls on the Member States to ensure that refugee and migrant children enjoy rapid and non-discriminatory access to national services, including child protection systems, in line with the provisions of the UN Convention on the Rights of the Child with the same level of care and support recognised to national children deprived of parental care; calls on Member States to gather disaggregated data on the situation of refugee and migrant children in order to improve the ability of systems to integrate refugee and migrant children;
Amendment 727 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 e (new)
Paragraph 47 e (new)
47 e. Believes that age assessment should be carried out in a manner that is multi- disciplinary, safe and in respect of children's physical integrity and human dignity, with particular attention to girls and should be performed by independent, qualified practitioners and experts; calls for legal guardians to be appointed to support unaccompanied and separated children immediately upon identification and calls on the Member States to speed up procedures for appointing legal guardians
Amendment 746 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Understands that the safe return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS; in this regard, welcomes the EU action plan on returns;
Amendment 756 #
2015/2095(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, only 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is a need to improve the effectiveness of the Union’s return system; Considers that in order to ensure a better execution of return decisions they should as far as possible be conducted at a European level with operational assistance provided by Frontex;
Amendment 762 #
2015/2095(INI)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49 a. Considers that in order to increase the efficiency of readmissions, and in order to ensure the coherence of returns at a European level, it will be necessary to favour European readmission agreements over bilateral agreements between Member States and third countries; considers that the conclusion and implementation of those agreements will require high level political dialogues and conditional development funding to support the reintegration of returnees in their countries of origin;
Amendment 773 #
2015/2095(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Believes that the return of migrants should only be carried out safely, in full compliance with the fundamental and procedural rights of the migrants in question, and where the country to which they are being returned is safe for them; reiterates, in that regard, that voluntary return should be prioritised over forced returns; recalls no child should be returned without a thorough risk assessment, conducted by independent child protection officer, and based on Country of Origin Information reports in cooperation with non-governmental, local and international organisation to ensure protection and reintegration after their return;
Amendment 774 #
2015/2095(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Believes that the return of migrants should only be carried out safely, in full compliance with the fundamental and procedural rights of the migrants in question, and where the country to which they are being returned is safe for them; reiterates, in that regard, that voluntary return should be prioritised over forced returns; Believes that where forced returns take place, all the Member states need to perform an effective return monitoring according to Art.8 (6) of the Return Directive;
Amendment 780 #
2015/2095(INI)
Motion for a resolution
Paragraph 50 a (new)
Paragraph 50 a (new)
50 a. Notes that there is no EU policy or legal framework protecting the basic rights of persons who are not removed; regrets that the safeguards set forth in article 14(1) of the Return Directive for non-removed persons do not cover all rights and apply only if removal is formally postponed; calls on EU institutions and Member States to address the situation of migrants in an irregular situation who have been given a return decision but who have not been removed and to provide for a mechanism to put an end to situations of legal limbo that derive from protracted situations of non- removability;
Amendment 803 #
2015/2095(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Acknowledges that the main purpose of the recent Commission proposal for a Union list of safe countries of origin, amending the Asylum Procedures Directive13 is to more efficiently distinguish migrants who are in clear need of international protection and therefore more likely to succeed in their asylum applications from those who are leaving their country for other reasons which do not fall under the right of asylum; observes that if such a Union list would become obligatory for Member States it could, in principle, be an important tool for facilitating the asylum process, including return; __________________ 13 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L180, 29.6.2013, p. 60).
Amendment 807 #
2015/2095(INI)
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52 a. Considers that for the establishment of a European list of safe countries of origin to effectively meets its objectives and arrive at a faster treatment of asylum requests, it would be appropriate to revise the asylum procedures directive in order to harmonise the procedural deadlines of the accelerated procedures between different Member States.
Amendment 819 #
2015/2095(INI)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53 a. Considers that the establishment of a list of safe countries of origin of the Union should progressively put an end to national lists of safe countries of origin, except with regards to exceptional cases encountered by a Member State.
Amendment 871 #
2015/2095(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Understands thatWelcomes the recently proposed European Border and Coast Guard is intended to replace Frontex and which is meant to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein; Underlines in that regard that Member States which have a frontline role and external border with third countries, but which are not part of the Schengen area, must also be able to participate and benefit from the establishment of the European Border and Coast Guard on equal footing with the Schengen area Member States;
Amendment 874 #
2015/2095(INI)
Motion for a resolution
Paragraph 61 a (new)
Paragraph 61 a (new)
61 a. Notes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding its role under EU law; Believes that Frontex should deal with individual complaints regarding infringements of fundamental rights in the course of its operations and should provide adequate administrative support for that purpose; calls on Frontex to set up an appropriate complaints mechanism, including within the framework of its working arrangements concluded with the competent authorities of third countries;
Amendment 885 #
2015/2095(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
63. Recalls that, since the establishment of the Schengen Area, the Union is an area without internal borders, that the Schengen Member States have developed a step-by- step common policy towards the Schengen external borders, and that the inherent logic of such a system has always been that the abolishment of internal border controls has to go hand in hand with compensatory measures strengthening the external borders of the Schengen Area and the mandatory and systematic sharing of information through the Schengen Information System (‘SIS’) including on return decisions;
Amendment 931 #
2015/2095(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70 a. Calls on the Commission to ensure an effective cooperation between these agencies; and ensure that they have concluded operational agreements enabling them to ensure effective, proportionate and justified exchange of data;
Amendment 934 #
2015/2095(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Points out, in that regard, that the Union agencies require the resources necessary to allow them to fulfil their assigned tasks; calls on the Commission to provide updated and consolidated information on the needs of the agencies; asks the Commission to propose a medium and long term strategy regarding the actions of the agencies in the field of justice and home affairs: objectives, tasks, coordination, Hotspots and financial resources; insists that the Union agencies and the Member States keep the Parliament fully informed of work undertaken at the hotspots;
Amendment 941 #
2015/2095(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Notes that both of the Relocation Decisions provide for operational support at the hotspots to be provided to Italy and Greece for the screening and fingerprinting of migrants when they first arrive, registration of their application for international protection, provision of information to applicants on relocation, organisation of return operations for those who did not apply for international protection and are not otherwise entitled to remain or those who applied unsuccessfully, and the facilitation of all steps involved in the relocation procedure itself;
Amendment 962 #
2015/2095(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the fundamental rights of all migrants in cooperation with the relevant agencies and national Human Rights institutions; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEAS;
Amendment 980 #
2015/2095(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Notes thatCalls on the Commission is considering a revision ofto revise Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence; takes the view that anyone who provides different forms of humanitarian assistance to those in need should not be criminalised and that Union law should reflect that principle; notes that some of the Facilitation directive´s provisions, including the definition of "facilitation of stay" creates divergences and grey areas which are deterring humanitarian actors from providing assistance;
Amendment 1030 #
2015/2095(INI)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85a. Welcomes the commitments taken at the Valletta summit which recognise the need to give hope and opportunities to young people, and to protect children from violence and abuse;
Amendment 1073 #
2015/2095(INI)
Motion for a resolution
Paragraph 89
Paragraph 89
89. Reaffirms that the Union must adopt a long-term strategy to help counteract the ‘push factors’ in third countries (persecution, conflict, generalised violence or extreme poverty), which force people into the hands of criminal smuggling networks, which they see as their only chance to reach the Union; Underlines that this work should be done with the inclusion of NGOs and civil society organisations working in the field;
Amendment 1094 #
2015/2095(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long term, greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as war, poverty, corruption, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe looks at how to help re-build those countries; points out that this means that the Commission and the Member States must put up the money to help build capacity in third countries, such as by facilitating investment and education, strengthening and enforcing asylum systems, helping to manage borders better, and reinforcing legal and judicial systems there; calls therefore on Member States to achieve the level of 0.7% of GNI in development assistance as soon as possible;
Amendment 1106 #
2015/2095(INI)
Motion for a resolution
Paragraph 94
Paragraph 94
94. WelcomNotes the recently established Emergency Trust Fund for Africasetting-up of the Union Regional Trust Fund in Response to the Syrian Crisis and of the EUR 1.8 billion pledged to the fundmergency Trust Fund for Africa, which has added an additional element to third- country funding; calls onurges the Member States to continue contributing to the fundstand by their promises and contribute to these funds; reminds that the above funds were created in response to the lack of flexibility and funding in the EU budget;
Amendment 1110 #
2015/2095(INI)
Motion for a resolution
Paragraph 94 a (new)
Paragraph 94 a (new)
94a. Calls on each Member State to take on its share in the package of the EUR 3 billion Refugee Facility for Turkey; raises however the question of how the Union contribution should be made available within the respective ceilings of the Union budget for 2016 and 2017;
Amendment 1120 #
2015/2095(INI)
Motion for a resolution
Paragraph 96
Paragraph 96
96. Notes that the Union’s migration policy is implemented through different policy instruments, each having its own objectives, which are not necessarily interlinked, and that there is insufficient coordination of funding between the multiple actors involved; points out that the fragmentation of budget lines and responsibilities creates a management structure that could make it difficult to provide a comprehensive overview on how the different funds available are allocated and ultimately used; considers it essential to keep a close eye on the use made of all funding related to immigration, in particular with regard to contracting and subcontracting procedures, in view of a number of instances of fraud and mismanagement that have occurred in the Member States; points out, furthermore, that such fragmentation makes it harder to quantify how much the Union spends overall on migration policy;
Amendment 1126 #
2015/2095(INI)
Motion for a resolution
Paragraph 97
Paragraph 97
97. Is of the opinion that such a comprehensive overview of Union funding related to migration, both within and outside the Union must be provided, as the absence of such an overview is a clear obstacle to transparency and sound policymaking; notes, in that regard, that one possible option could be a website or an annual report comprising a database of all Union funded projects related to migration policy; underlines that the need for transparency also extends to budget lines in order to ensure adequate funding for all objectives of Union migration policy;
Amendment 1134 #
2015/2095(INI)
Motion for a resolution
Paragraph 98
Paragraph 98
98. Welcomes the additional funding made available in the Union’s budget for 2016 to start to deal with the current migration phenomenamobilisation of significant budgetary means spread over 2015 and 2016 to address the migration and refugee crisis; pPoints out that most of that new funding represents funding under the 2014-2020 Multiannual Financial Framework ('MFF), which has been brought forward, with the result that the Union is spending toda') and that the whole available envelop for the flexibility instrument in 2016 and the entirety of its 2014 and 2015 unused portions were mobilised for this purpose; highlights accordingly wthat was intended to be spent tomorrowlonger-term solutions should be sought, not only in the annual budgetary procedure, but also in the upcoming mid-term revision of the MFF;
Amendment 1135 #
2015/2095(INI)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99a. Calls on the Commission to provide as accurate an assessment as possible of the appropriations needed for the AMIF over the period to 2020 and, on that basis, to present a proposal for an increase in the heading 3 appropriations and, if necessary, an adjusted allocation among the various implementing programmes in the context of the revision of the multiannual financial framework, due by the end of 2016; stresses also the need for such funding to have genuine European added value rather than simply supporting existing national programmes;
Amendment 1146 #
2015/2095(INI)
Motion for a resolution
Paragraph 102
Paragraph 102
102. Points out that securing operational funding is a key challenge for NGOs as most funding is project-related; affirms that volunteer and civil-society initiatives dedicated to providing assistance to migrants should be promoted and, where appropriate, funded by the Commission and the Member States; calls on the Member States and the Commission to seek, where appropriate and possible, to fund projects managed by civil society organisations working in the areas of migration, integration and asylum; draws in this respect the attention to the positive role that projects intended to increase the understanding of the public with regards to migratory flows and in particular the positive impact that migrants can have on the economy and their new environment;
Amendment 1200 #
2015/2095(INI)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111a. Underlines that the policy of the European Union in the area of legal economic migration should in no case be based on a brain drain from developing countries; recalls that such a phenomena would deprive these countries of the talents which are necessary for their development; is of the opinion that migratory flows can play a positive role for development and that it is necessary to promote circular migration in order to allow these persons to also be actors for development within their countries of origin;
Amendment 1212 #
2015/2095(INI)
Motion for a resolution
Paragraph 113 a (new)
Paragraph 113 a (new)
113a. Calls on the Commission, on the basis of an assessment report, to formulate recommendations to improve Eurosur;
Amendment 11 #
2015/2088(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas at present 4.5 million young people aged between 15 and 24 are unemployed in the European Union and whereas more than 7 million young Europeans aged between 15 and 24 are neither employed nor in education or training;
Amendment 159 #
2015/2088(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Expresses its concern about the fall in scores observed in the last PISA (Programme for International Student Assessment) survey in certain European Union Member States; calls on Member States to make education a leading priority in order to attain the targets of the Europe 2020 Strategy;
Amendment 169 #
2015/2088(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that language learning is a key element in making young people employable on the single European market, particularly in border regions;
Amendment 220 #
2015/2088(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recalls the importance of mobility for the development of skills; welcomes the extension of the scope for mobility under the Erasmus + programme; calls on the Commission and Member States to work towards greater mobility in all training courses in order to further improve the employability of young people;
Amendment 242 #
2015/2088(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that skills development should also be considered as a mechanism leading to equal opportunities for people from disadvantaged groups, in particular for children and young people from families affected by poverty, the long-term unemployed, including second-generation unemployed, immigrants and people with disabilities; stresses that prevention as well as support and counselling at an early stage are of the outmost importance, because although enabling people who are at a disadvantage to develop skills and to enter the labour market requires time and resources it is also socially and economically profitable;
Amendment 269 #
2015/2088(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that young people, raised in an era of rapid technological progress have not only potential, talents and skills but also values and priorities that differ from the previous generation, and therefore it is worthwhile stressing the need for programmes and initiatives that would bridge the gap between generations while helping to understand the younger generation’s assets, which include multitasking, creativity, readiness to change, mobility and teamwork; stresses that education and training systems should be flexible enough to allow for the full development of the skills and talents of those people; emphasises moreover that recruitment and employment services staff should be well trained and equipped with skills that would give them a better understanding of Generation Y; stresses that job offers and recruitment strategies should be adjusted with a view to the potential of Generation Y;
Amendment 8 #
2015/2063(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to the JHA Council of 12 and 13 March 2015, (At this meeting, the Ministers decided to set up within Europol a European unit tasked with flagging content on the internet).
Amendment 9 #
2015/2063(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the additional protocol to the Council of Europe Convention on the Prevention of Terrorism and the Council of Europe’s action plan on the fight against violent extremism and radicalisation leading to terrorism adopted on 19 May 2015.
Amendment 12 #
2015/2063(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to its resolution of 11 February 2015 on anti-terrorism measures
Amendment 53 #
2015/2063(INI)
Motion for a resolution
Recital C
Recital C
C. whereas combating terrorism and preventing the radicalisation and recruitment of European citizens by terrorist organisations still falls essentially within the sphere of competence of the Member States, but whereas a concerted European approach is necessary to harmoniseand represents real added value, particularly with a view to coordinating the policies of the Member States on this matter, reinforcing the exchange of information, identifying good practices, developing new ideas and harmonising the legislation that applies in an area where European citizens are free to move;.
Amendment 132 #
2015/2063(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls upon the Member States to strengthen action aimed at preventing radicalisation and the recruitment of terrorists by updating national prevention policies and putting networks of practitioners in place on the basis of the ten priority areas for action as identified in the EU strategy for combating radicalisation and recruitment to terrorism (doc. 9956/14).
Amendment 134 #
2015/2063(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Member States to coordinate their strategies and share the information and experience at their disposal, to implement goods practices, at both a national and a European level, and to cooperate with a view to taking new steps in combating radicalisation and recruitment to terrorism.
Amendment 321 #
2015/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Feels that every Member State should set up a special unit tasked with flagging illicit content on the internet and with facilitating the detection and removal of content that does not conform to the host internet platform's charter and rules; proposes that such units couldwelcomes the decision by the Council of Ministers of 12 and 13 March to create within Europol a European unit (EU IRU), tasked with flagging content on the internet, and encourages national bodies responsible for flagging and actors in the digital world to cooperate closely with a European uol for this purpose. (The terms of reference of the Unit aresponsible for dealing with flagging; set out in a note adopted by the Council of Ministers on 12 March 2015 (Doc 6606/15) They are: to coordinate the identification of terrorist and extremist content circulating on the Internet, in cooperation with the appropriate partners; support and deliver rapid and effective flagging, in close collaboration with the internet industry; support the work of the competent national authorities by providing them with strategic and operational analyses; act as a European centre of excellence for the activities set out above.
Amendment 76 #
2015/2012(BUD)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, to this end, the Secretary- General proposes the creation of 20 additional posts in order to reinforce the secretariats of the four parliamentary committees concerned (ECON, ENVI, ITRE and, TRAN and LIBE); considers that this reinforcement can be accepted only after the examination of the possibilities of internal redeployment;
Amendment 37 #
2015/2003(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
– having regard to nine rounds of talks from 2002 to 2010 between high ranking representatives of the Chinese government and the Dalai Lama,
Amendment 38 #
2015/2003(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
– having regard to ‘Tibet’s Path of Development Is Driven by an Irresistible Historical Tide’, China’s White Paper on Tibet, published by China’s State Council Information Office, 15 April 2015,
Amendment 40 #
2015/2003(INI)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
– having regard to the 2008 Memorandum and the 2009 Note on Genuine Autonomy both presented by the Representatives of the 14th Dalai Lama,
Amendment 257 #
2015/2003(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is concerned that China will extend government's control over civil society via upcoming NGO regulations by banning non-registered NGOs "from overseas" to fund Chinese individuals or organisations, and vice versa by prohibiting Chinese groups from conducting "activities" related to non- registered NGOs;
Amendment 298 #
2015/2003(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the urgency of environmental protection measures, bearing in mind, for example, that in 2014 only eight out of 74 major cities reached the national standard of PM 2.5 air pollution concentrations; warns that the double water crisis (massive pollution combined with increased water usage) could cause major political and social instability; welcomes the fact that under the new environmental protection law local cadres are accountable, also retroactively, for environmental damage caused during their tenure; is deeply concerned about the destruction of Tibet's environment as a result of China's policies of fast-track development in the region since 1999, underlines in this respect that the Tibetan plateau is warming twice as fast as the rest of the world, which may cause the melting of Tibet's estimated 46,000 glaciers;
Amendment 419 #
2015/2003(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Criticises the fact that in China freedom of religion is not a right, but a matter for the state, which sets the limits of what is permissible; supports the resistance of Chinese churches against the government's renewed strategy of ‘sinicisation' of Christianity; condemns, in particular, the ongoing anti-Christian campaign in the province of Zhejiang, during which dozens of churches were demolished and more than 400 crosses removed in 2014; shares the concerns of churches about other provinces where there is a strong Christian presence; condemns moreover anti-Buddhism campaigns via the "patriotic education" approach, including measures to state-manage Tibetan Buddhist Monasteries, condemns "legal education" programmes for Buddhist monks and nuns; cannot understand and accept a ban on images of the Dalai Lama in China; is concerned that China's Criminal Law is being abused to persecute Tibetans and Buddhists, sees its concerns confirmed as monks and nuns make over 40% of the political prisoners in Tibet;
Amendment 444 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. is deeply concerned that the Chinese government continues its hard-line policies against the Tibetan people, especially by rejecting the Dalai Lama's "Middle Way Approach" and to defame it as a separatist strategy as recently happened in the official Chinese 'White Paper on Tibet of April 2015'; strongly underlines and supports the Middle Way Approach which seeks neither independence nor separation from the People's Republic of China; emphasises that the Middle Way Approach calls for genuine autonomy for the Tibetan people within the framework of the Constitution of the People's Republic of China;
Amendment 446 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Is deeply concerned that Lama Tulku Tenzin Delek Rinpoche, imprisoned since 2002 for 20 years, died on 13 July 2015 due to denial of access to medical care; is deeply concerned that 10 other prominent Tibetan prisoners also died due to such reasons and as a result of torture in 2014; demands a detailed investigation of all these death cases;
Amendment 451 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Is deeply concerned about the fact that over 142 Tibetans have resorted to self-immolations to protest against the suppression of the Tibetan people; rejects any linkage between self-immolations and terrorism, as no Chinese citizen has ever been injured by such dramatic and desperate acts;
Amendment 452 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Strongly condemns any kind of state measures which aim to collectively punish people associated with self-immolators - such as friends, colleagues, families or entire villages - as violations of international law, which clearly bans collective punishment;
Amendment 455 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Is deeply concerned about the forceful re-settlement of more than 2 million Tibetan nomads and herdsmen since 2006 to 'New Socialist Villages', as they are cut off from medicare, education and prosperity; is deeply concerned about the continued transfer of Han Chinese population into Tibet as well as the state goal to increase the population in Tibet by 30 percent till the end of 2020;
Amendment 461 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Highly recommends and urgently calls on China to resume the currently stalled Sino-Tibetan Dialogue as the best political instrument to achieve a mutual and realistic solution for the current instability in Tibet; is extremely worried that the current tensions may lead to an even worse situation in the near future;
Amendment 78 #
2015/2002(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the resources available to the EU for its action as a ‘'global player' until 2020 within the multiannual financial framework only amount to 6 % of the total budget and cover all related programmes, including development and cooperation assistance; whereas the importance of domestic resources mobilization should be translated directly into increased investment in human development;
Amendment 153 #
2015/2002(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that respect for the universal fundamental values of human rights, rule of law and democracy on which the EU is founded must remain at the core of the revised policy; underlines the importance of promoting the rights of children, youth and gender equality to build inclusive, prosperous and stable societies in the EU neighbourhood;
Amendment 174 #
2015/2002(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the renewed policy must be more strategic, with a real political vision, and politically driven; calls for special envoys to be appointed for the East and the South, with the task of politically coordinating the revised policy and monitor progress in the partnership and the situation of women's and children's rights;
Amendment 284 #
2015/2002(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to focus on sectors identified together with its partners, in which progress and universal added value can be achieved, and to gradually expand cooperation based on progress and ambitions, in particular to contribute to economic growth and human development with a focus on the new generations;
Amendment 326 #
2015/2002(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the continuous need to focus on strengthening and consolidating democracy, the rule of law, the independence of the justice system, respect for minoritiesjustice for children, respect for minorities, children's rights, gender equality and diversity; highlights that capacity-building in national institutions, including their national assemblies, together with support for civil society, pro- democracy groups and political parties, will enhance political dialogue and pluralism; underlines the importance of developing systems to promote youth participation;
Amendment 406 #
2015/2002(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that security and stability are basic concerns in the neighbourhood and that current developments in the region call for a strong security and peacebuilding component in the ENP, which has regrettably been missing to date; underlines the importance of investing in education to build long-term prospects for stability in the regions concerned by the European Neighbourhood Policy;
Amendment 598 #
2015/2002(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that high unemployment, social exclusion and poverty, in particular amongst children and young people, combined with the low political participation of women and new generations, are root causes of instability, and demands engagement beyond the Deep and Comprehensive Free Trade Areas (DCFTAs);
Amendment 123 #
2015/0310(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The development and implementation of an integrated external border management system at Union level calls for the framing of a global European strategy for external border management which lays down the main guidelines, priorities and shared objectives. That global strategy should be drawn up by the Commission, subject to approval by the Council and Parliament.
Amendment 133 #
2015/0310(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The tasks of Frontex should therefore be expanded and to reflect those changes, it should be renamed European Border and Coast Guard Agency. The key role of the European Border and Coast Guard Agency should be to establish an operational and technical strategy for the implementation of an integrated border management at Union level, to oversee and assess the effective functioning of border control at the external borders, to provide increased operational and technical assistance to Member States through joint operations and rapid border interventions, and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders, as well as to organise, coordinate and conduct search and rescue operations, return operations and return interventions.
Amendment 141 #
2015/0310(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Given the role of the European Border and Coast Guard for insuring high level internal security within the Union, while safeguarding the free movement of persons therein, and in line with the Treaties and their Protocols, Member States which are party to the Schengen Agreements but not yet part of the Schengen Area without internal controls, shall participate and benefit on equal footing in the European Border and Coast Guard, its actions, bodies and financial allocations.
Amendment 158 #
2015/0310(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The vulnerability assessment shall also assess how Member States respect fundamental rights, including appropriate and adequate reception conditions for the migrants, refugees and asylum seekers arriving at the border, the presence and effectiveness of instruments that ensure access to information for migrants, asylum-seekers and refugees, the possibility to apply for international protection, the access to legal assistance, the identification and referral of asylum seekers, refugees and migrants to relevant procedures, the access to effective remedies. Such assessment shall be made in cooperation with the Consultative Forum, the Fundamental Rights Centre, the Fundamental Rights Agency and EASO.
Amendment 172 #
2015/0310(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders, rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the Schengen area, a unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify the measures to be implemented by the European Border and Coast Guard Agency and require the Member State concerned to cooperate with the Agency in the implementation of those measures. The European Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commission decision, and an operational plan should be drawn up with the Member State concerned.
Amendment 182 #
2015/0310(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The European Border and Coast Guard Agency should carry out and assist Member States in search and rescue operations for persons in distress at sea and should fulfil this task in full compliance with fundamental rights, in particular the Charter of Fundamental Rights of the European Union, the Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement, the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, and the International Convention on Maritime Search and Rescue.
Amendment 188 #
2015/0310(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) On 8 October 2015, the European Council called for enlarging the mandate of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to assist Member States in ensuring the effective return of illegally staying third-country nationals, including by organising return operations on its own initiative and enhancing its role regarding the acquisition of travel documents and, where appropriate, the issuing of European travel documents for the return journey. For this purpose, the European Council called for the establishment of a Return Office within the European Border and Coast Guard Agency which should be tasked with the coordination of the Agency’s activities in the field of return.
Amendment 199 #
2015/0310(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European Border and Coast Guard Agency should develop specific training tools and it should provide training at Union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third-country nationals illegally staying on the territory of Member States for officers of the competent national bodies. While developing training tools and providing trainings, special attention should be given to training on children’s rights. The Agency should be authorised to organise training activities in cooperation with Member States and third countries on their territory.
Amendment 224 #
2015/0310(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation establishes a complaint mechanism for the European Border and Coast Guard Agency, in cooperation with the Fundamental Rights Officer, to monitor and ensure the respect for fundamental rights in all the activities of the Agency. This should be an administrative mechanism whereby the Fundamental Rights Officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The Fundamental Rights Officer should review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the Executive Director, forward complaints concerning border guards to the home Member State and register the follow-up by the Agency or that Member State. Criminal investigations should be conducted by the Member States.
Amendment 234 #
2015/0310(COD)
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49a) As regards the Member States which are party to the Schengen Agreements but not yet part of the Schengen Area without internal controls, this Regulation constitutes a development of the provisions of the Schengen acquis and is hence fully applicable.
Amendment 266 #
2015/0310(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 275 #
2015/0310(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The European Border and Coast Guard Agency shall ensure a constant and uniform application of EU law, including the EU acquis in fundamental rights, across all EU external borders.
Amendment 276 #
2015/0310(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall establish their national strategies for integrated border management. Those national strategies shall be coherent with the strategyies referred to in paragraph 2Article 3a.
Amendment 277 #
2015/0310(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a European integrated border management strategies 1. The Commission shall establish, with reference to the European Border and Coast Guard Agency recommendations, a European integrated border management strategy. The strategy shall set out general guidelines, the objectives to be met and the key actions to be taken in order to establish a fully functioning European integrated border management system. The European integrated border management strategy shall be revised whenever circumstances warrant and at least once every four years, and shall be submitted to the European Parliament and the Council for approval. 2. The European Border and Coast Guard Agency shall establish an operational and technical strategy for the European integrated border management. It shall promote and ensure the implementation of European integrated border management in all Member States.
Amendment 278 #
2015/0310(COD)
Proposal for a regulation
Article 4 – title
Article 4 – title
European integrated external border management
Amendment 289 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) border management that acknowledges the different needs of mixed migration flows at the external borders;
Amendment 293 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(ab) search and rescue of persons in distress at sea;
Amendment 315 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The implementation of European integrated border management shall be in full compliance with fundamental rights.
Amendment 324 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The European Border and Coast Guard Agency shall facilitate the application of Union measures relating to the management of external borders by reinforcing, assessing and coordinating the actions of Member States in the implementation of those measures, and in return. Member States shall ensure the management of their section of the external borders, in their interests and in interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategyies referred to in Article 3(2), and in close cooperation with the Agencya.
Amendment 352 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) establish a monitoring and rRisk Analysisk analysis cd Vulnerability Assessment Centre with the capacity to monitor migratory flows and to carry out risk analysis as regards all aspects of integrated border management; and the capacity to carry out vulnerability assessments including the assessment of the capacity of Member States to face threats and pressures at the external borders.
Amendment 354 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 363 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) assist Member States in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 366 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) carry out and assist Member States in humanitarian emergency operations and in search and rescue operations of persons in distress at sea;
Amendment 368 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate pressures, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 389 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point m
Article 7 – paragraph 1 – point m
(m) assist Member States on training of national border guards and experts on return, including the establishment of common training standards and programmes;
Amendment 424 #
2015/0310(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Member States must provide the Agency with information on the budget and financial resources dedicated to border management at a national level.
Amendment 425 #
2015/0310(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 429 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency shall establish a monitoring and rRisk Analysisk analysis cd Vulnerability Assessment Centre with the capacity to monitor migratory flows towards and within the Union. For this purpose, the Agency shall develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States and to carry out vulnerability assessments as referred Article 12.
Amendment 431 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. When developing a common integrated risk analysis model, the Agency shall draw on Europol cross-border crime risk analyses.
Amendment 433 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The AgencyRisk Analysis and Vulnerability Assessment Centre shall prepare general and tailored risk analyses and submit it to the Council and the Commission. For this purpose, it shall develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States.
Amendment 440 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the AgencyCentre shall cover all aspects relevant to the European integrated border management, in particular border control, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union, as well as the respect of fundamental rights.
Amendment 451 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall provide the AgencyCentre with all necessary information regarding the situation, trends and possible threats at the external borders and in the field of return. Member States shall regularly or upon the request of the AgencyCentre provide it with all relevant information such as statistical and operational data collected in relation to the implementation of the Schengen acquis as well as information and intelligence derived from the analysis layer of the national situational picture established in accordance with Regulation (EU) No 1052/2013.
Amendment 452 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall provide the Agency with all necessary information regarding the situation, trends and possible cross-border crime threats at the external borders and in the field of return. Member States shall regularly or upon the request of the Agency provide it with all relevant information such as statistical and operational data collected in relation to the implementation of the Schengen acquis as well as information and intelligence derived from the analysis layer of the national situational picture established in accordance with Regulation (EU) No 1052/2013.
Amendment 495 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The AgencyRisk Analysis and Vulnerability Assessment Centre shall assess the technical equipment, systems, capabilities, resources and contingency plans of the Member States regarding border control. That assessment shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency.
Amendment 511 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall, at the request of the AgencyCentre, provide information as regards technical equipment, staff and financial resources available at national level to carry out border control and they shall submit their contingency plans.
Amendment 516 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The aim of the vulnerability assessment is for the AgencyCentre to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5). The assessment also aims at evaluating the capacity of Member States to respect fundamental rights in such situations. That assessment is without prejudice to the Schengen evaluation mechanism.
Amendment 521 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The results of the vulnerability assessment shall be submitted to the SuperAdvisory Board and the Management Board, which shall advise the Executive Director on the measures to be taken by the Member States based on the results of the vulnerability assessment, and taking into account the AgencyCentre’s risk analysis and the results of the Schengen evaluation mechanism.
Amendment 533 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Executive Director, in close coordination with the Advisory Board and the Management Board, shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including by using resources under the Union financial instruments. The decision of the Executive Director shall be binding on the Member State and shall lay down the time-limit within which the measures are to be taken. The Executive Director notifies the Commission and the European Parliament. If the Member State does not take the measures within the time-limit foreseen in that decision, further action may be taken by the Commission in accordance with Article 18.
Amendment 535 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 558 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point d a (new)
Article 13 – paragraph 2 – point d a (new)
(da) deploy and coordinate joint search and rescue operations for people in distress at sea;
Amendment 609 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Executive Director, in coordination with other relevant Union Agencies, shall assess the request for assistance of a Member State and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union Agencies to be agreed upon by the Member State concerned. Teams shall include child protection experts when children are involved.
Amendment 624 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) the provision of information to persons in clear need of international protection or to applicants or potential applicants for relocation, giving particular attention to children;
Amendment 634 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. The Agency, in cooperation with the European Asylum Support Office, the Fundamental Rights Agency and other relevant Union Agencies and under the coordination of the Commission, shall ensure the compliance of these activities with the Common European Asylum System and fundamental rights. This includes the provision of shelter, hygienic conditions and facilities respecting women and children's needs in the hotspot areas.
Amendment 641 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management BoardExecutive Director referred to in Article 12(65) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commission, after consulting the Agency, may adopt a decision by means of an implementing act,shall immediately recommend to the Council to adopt, by simple majority, a decision establishing that no effective action has been taken and identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2)e Commission shall notify the European Parliament.
Amendment 660 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. In the event that the Council does not adopt the decision on the Commission recommendation and that failure to take appropriate action on the part of the Member State concerned persists or that disproportionate migratory pressure at the external border putting in jeopardy the functioning of the Schengen area persists, the Commission, after 1 month from its earlier recommendation, shall recommend to the Council to adopt the decision establishing that no effective action has been taken and identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. The decision shall be deemed to be adopted by the Council unless it decides, by qualified majority, to reject the recommendation within 10 days of its adoption by the Commission. The Member State concerned may ask for a Council meeting, within this deadline. The Commission shall notify the European Parliament.
Amendment 674 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. In parallel and within the same two working days, the Executive Director shall submipresent a draft operational plan to the Member State concerned. The Executive Director and the Member State concerned shall draw up the operational plan within two working days from the date of its submission.
Amendment 680 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The Member State concerned shall comply with the Commissionuncil decision and for that purpose it shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the Executive Director.
Amendment 682 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
7a. The Commission shall monitor the proper implementation of the measures identified in the Council decision and the actions taken, for that purpose, by the Agency in order to ensure a proper European border management.
Amendment 695 #
2015/0310(COD)
Proposal for a regulation
Article 19 – paragraph 9
Article 19 – paragraph 9
9. 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 and Coast Guard Teams and of the number of border guards actually made available, in accordance with this Article.
Amendment 717 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Executive Director, in close cooperation with the Consultative Forum and the Fundamental Rights Office, shall withdraw the financing of a joint operation or a rapid border intervention, or suspend or terminate, in whole or in part, a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. Such decision shall be taken on the ground of objective and public criteria and shall be linked with the fundamental rights elements of the risks analysis and of the vulnerability assessments and with the results of the complaint mechanism.
Amendment 743 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 766 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 6 a (new)
Article 27 – paragraph 6 a (new)
6a. The Agency must not coordinate, organise or propose return operations or return interventions to any third country where risks of fundamental rights violations or serious deficiencies have been identified though risk analysis or reports from EU institutions, EEAS or EU Agencies.
Amendment 772 #
2015/0310(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Executive Director shall determine the profile and the number of the forced return monitors to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return monitors corresponding to the defined profile. A child protection profile must be included in the pool for any return operation or intervention involving children.
Amendment 779 #
2015/0310(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return escorts corresponding to the defined profile. A child protection profile must be included in the pool for any return operation or intervention involving children
Amendment 799 #
2015/0310(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32 a Evaluation of return operations and return interventions The Executive Director shall evaluate the conduct and the results of the return operations and returns interventions and transmit the detailed evaluation reports within 60 days following the end of those operations and interventions to the Management Board, together with the observations of the Fundamental Rights Office. 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 interventions, and it shall include it in its consolidated annual activity report.
Amendment 806 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, relevant international law, including the United Nations Convention on the Rights of the Child, Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy, with particular attention to children's rights so as to ensure that the best interests of the child is respected in all operations.
Amendment 808 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights, relevant international law, including the Convention Relating to the Status of Refugees and the UN Convention on the Rights of the Child and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy.
Amendment 809 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1a. The Agency shall draw up and further develop and implement a Fundamental Rights Strategy. The Agency, in close cooperation with the Consultative Forum and the Fundamental Rights Office, shall put in place an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency.
Amendment 817 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The European Border and Coast Guard shall, in the performance of its tasks, take into account the special needs of children, unaccompanied minors, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 818 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The European Border and Coast Guard shall, in the performance of its tasks, take into account the special needs of children, in particular unaccompanied minors and children with disabilities, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 827 #
2015/0310(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The Agency shall draw up and further develop a Code of Conduct applicable to all border control 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 children, unaccompanied minors and persons in a vulnerable situation, as well as on persons seeking international protection, applicable to all persons participating in the activities of the Agency.
Amendment 832 #
2015/0310(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Agency shall, in cooperation with the appropriate training entities of the Member States, develop specific training tools, including child specific measures when children are involved, and provide border guards and other relevant staff who are members of the European Border and Coast Guard Teams with advanced training relevant to their tasks and powers. Experts from the staff of the Agency 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.
Amendment 1003 #
2015/0310(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point c
Article 60 – paragraph 1 – point c
(c) a Supern Advisory Board;
Amendment 1006 #
2015/0310(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point e
Article 60 – paragraph 1 – point e
(e) a Fundamental Rights Officer.
Amendment 1009 #
2015/0310(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point a
Article 61 – paragraph 1 – point a
Amendment 1014 #
2015/0310(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point c
Article 61 – paragraph 1 – point c
Amendment 1024 #
2015/0310(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Without prejudice to paragraph 3, the Management Board shall be composed of one representative of each Member State and, two representatives of the Commission and one representative of the European Parliament, all with voting rights. To this effect, each Member State shall appoint a member of the Management Board as well as an alternate who will represent the member in his or her absence. The Commission shall appoint two members and their alternates. The European Parliament shall appoint one member and his or her alternate. The duration of the terms of office shall be four years. The terms of office shall be extendable.
Amendment 1029 #
2015/0310(COD)
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. The European Parliament or the Council may invite the Executive Director to report on the carrying out of his or her tasks, in particular on the implementation and monitoring of the overall European integrated border management strategy adopted by Parliament and the Council, the operational and technical strategy for European integrated border management drawn up by the Agency, the Fundamental Rights Strategy, the consolidated annual activity report of the Agency for the previous year, the work programme for the following year and the Agency’s multiannual programming.
Amendment 1040 #
2015/0310(COD)
Proposal for a regulation
Article 67 – paragraph 4 a (new)
Article 67 – paragraph 4 a (new)
4a. The Executive Director shall hold regular exchanges of views with the appropriate bodies of the European Parliament, notably regarding specific cooperation with third countries, and shall present the annual report of the Agency.
Amendment 1041 #
2015/0310(COD)
Proposal for a regulation
Article 67 a (new)
Article 67 a (new)
Article 67a Independence 1. The Executive Director shall act in complete independence in the performance of his or her duties. 2. The Executive Director shall, in the performance of his or her duties, neither seek nor take instructions from anybody. 3. The Executive Director shall refrain from any action incompatible with his or her duties and shall not, during his or her term of office, engage in any other occupation, whether gainful or not. 4. The Executive Director shall, after his or her term of office, behave with integrity and discretion as regards the acceptance of appointments and benefits.
Amendment 1042 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. The Commission shall propose candidates for the post ofEuropean Parliament and the Council shall appoint by common accord the Executive Director and the Deputy Executive Director based on a list drawn up by the Commission following publication of the post in the Official Journal of the European Union and other press or internet sites as appropriate.
Amendment 1051 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Boardchosen on the grounds of merit, independence and documented high-level administrative and management skills, as well as senior professional experience in the field of management of the external borders and return. The Management Board shall take its decision by a two- thirds majority of all members with a right to vote.
Amendment 1054 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 2
Article 68 – paragraph 2 – subparagraph 2
Amendment 1060 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 4 – subparagraph 1
Article 68 – paragraph 4 – subparagraph 1
The Deputy Executive Director shall be appointed by the Management Boardchosen on the grounds of merit and documented appropriate administrative and management skills, as well as relevant professional experience in the field of management of the external borders and return on the proposal of the Commission, after having consulted the Executive Director. The Management Board shall take its decision by a two-thirds majority of all members with a right to vote.
Amendment 1061 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 4 – subparagraph 2
Article 68 – paragraph 4 – subparagraph 2
Amendment 1063 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 6
Article 68 – paragraph 6
Amendment 1065 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 7
Article 68 – paragraph 7
Amendment 1067 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 7 a (new)
Article 68 – paragraph 7 a (new)
7a. The Executive Director and the Deputy Executive Director shall be eligible for reappointment.
Amendment 1068 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 7 b (new)
Article 68 – paragraph 7 b (new)
7b. Apart from normal replacement or death, the duties of the Executive Director and the Deputy Executive Director shall end in the event of resignation. The Executive Director and the Deputy Executive Director may be dismissed by the Court of Justice at the request of the European Parliament, the Council or the Commission, if he or she no longer fulfils the conditions required for the performance of his or her duties or if he or she is guilty of serious misconduct.
Amendment 1071 #
Amendment 1073 #
2015/0310(COD)
Proposal for a regulation
Article 69 – paragraph 1 – introductory part
Article 69 – paragraph 1 – introductory part
1. The SuperAdvisory Board shall advise the Executive Director:
Amendment 1075 #
2015/0310(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The SuperAdvisory Board shall be composed of the Deputy Executive Director, four other senior officials of the Agency to be appointed by the Management Board and, one of the representatives of the Commission to the Management Board. The Super, the representative of the European Parliament to the Management Board, one representative from EASO and one representative from the fundamental rights Office. The Advisory Board shall be chaired by the Deputy Executive Director.
Amendment 1083 #
2015/0310(COD)
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The Agency shall invite the European Asylum Support Office, the European Union Agency for Fundamental Rights, the United Nations High Commissioner for Refugees and other relevant organisations 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 the Consultative Forum and the modalities of the transmission of information to the Consultative Forum. The Consultative Forum shall decide on its own working methods.
Amendment 1088 #
2015/0310(COD)
Proposal for a regulation
Article 70 – paragraph 5
Article 70 – paragraph 5
5. The Consultative Forum shall have an effective access to all information concerning the respect for fundamental rights, including by carrying out on spot visits to joint operations or rapid border interventions subject to the agreement of the host Member State.
Amendment 1092 #
Amendment 1093 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. A Fundamental Rights Officer shall be designated by the Management Board and shall have the necessary qualifications and experience in the fieldtablished within the Agency, with the capacity to monitor the respect of fundamental rights by the Agency.
Amendment 1094 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 1 a (new)
Article 71 – paragraph 1 a (new)
1a. The Fundamental Rights Office shall be composed of Fundamental Rights Officers that have the necessary qualifications and experience in the field of fundamental rights.
Amendment 1095 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 1 b (new)
Article 71 – paragraph 1 b (new)
1b. The Fundamental Rights Office shall have adequate resources and staff at its disposal, corresponding to the mandate and the size of the Agency.
Amendment 1101 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Fundamental Rights Officer shall be independent in the performance of his or her duties as a Fundamental Rights Officer, he or she shall report directly to the Management Board and cooperate withto the Consultative Forum. The Fundamental Rights Officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights.
Amendment 1105 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 2 a (new)
Article 71 – paragraph 2 a (new)
2a. The Fundamental Rights Office is fully represented in the Advisory Board
Amendment 1109 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The Fundamental Rights Officer shall be consulted on the operational plans drawn up in accordance with Articles 15, 16 and 32(4) and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency.
Amendment 1134 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 6
Article 72 – paragraph 6
6. In case of a registered complaint concerning a border guard of a host Member State or a member of the teams, including seconded members of the teams or seconded national experts, the home Member State shall ensure appropriate follow-up, including disciplinary measures as necessary or other measures in accordance with national law. The relevant Member State shall report back to the Fundamental Rights Officer, within a limited period of time, as to the findings and follow-up to a complaint. If the Member State concerned do not provide such a follow-up, the Agency shall send an official letter informing the Member State about the complaint and determining possible follow-up actions to the Member State.
Amendment 1151 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that the standardized complaint form is available in most common languages, and that it shall be made available on the Agency’s website and in hardcopy during all activities of the Agency. Special information tailored to children shall be provided in a clear and child-friendly way to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 88 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) data which is produced and supplied in digital form, for example video, audio, applications, digital games and any other software,
Amendment 94 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
11 a. 'personal data' means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
Amendment 110 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. This Directive is without prejudice to the protection of individuals with regard to the processing of personal data as per Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Amendment 150 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) the supplier shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent that data has been retained by the supplier. The consumer shall be entitled to retrieve the content free of charge, without significant inconvenience, in reasonable time and in a structured, commonly used and machine- readable data format;
Amendment 170 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point b
Article 16 – paragraph 4 – point b
(b) the supplier shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent this data has been retained by the supplier. The consumer shall be entitled to retrieve the content without significant inconvenience, in reasonable time and in a structured, commonly used and machine-readable data format; and
Amendment 175 #
2015/0287(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
The Commission shall, not later than on [the date of five years after entry into force] review the application of this Directive and submit a report to the European Parliament and the Council. The report shall examine, inter alia, the interaction and compliance with the application of Regulation (EU) 2016/679, and the case for harmonisation of rules applicable to contracts for the supply of digital content against counter-performance other than that covered by this Directive, in particular supplied against advertisement or indirect collection of data.
Amendment 248 #
2015/0281(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that the distribution, or otherwise making available, of a message to the public, with the intent to incite the commission of one of the offences listed in points (a) to (h) of Article 3(2), where such conduct, whether or not directly advocating the commission of a terrorist offences, causes a danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally.
Amendment 264 #
2015/0281(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that soliciting another person to commit or contribute to the commission of one of the offences listed in points (a) to (h) of Article 3(2), or in Article 4 is punishable as a criminal offence when committed intentionally.
Amendment 271 #
2015/0281(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall take the necessary measures to ensure that to wilfully receive instruction, from another person, including on obtaining knowledge or practical skills, in the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or in other specific methods or techniques, forwith the purpose of committing of orintent to commit or to contributinge to the commission of one of the offences listed in points (a) to (h) of Article 3(2) is punishable as a criminal offence when committed intentionally.
Amendment 285 #
2015/0281(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall take the necessary measures to ensure that the act of travelling to another country for the purpose of the commission of or contribut, if it can be demonstrated that the intended purpose of that travel is to commit or contribute to the commission tof a terrorist offence referred to in Article 3, theo participatione in the activities of a terrorist group referred to in Article 4 or theo providinge or receiving ofe training for terrorism referred to in Articles 7 and 8 is punishable as a criminal offence when committed intentionally.
Amendment 288 #
2015/0281(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Member States shall strengthen the timely exchange of any available relevant information concerning persons travelling abroad for the purpose of terrorism. For that purpose, each Member state shall designate a point of contact available on a 24/7 basis. A Member state can choose to designate an already existing point of contact. This point of contact shall have the capacity to carry out communications with the point of contact of another Member State on an expedited basis;
Amendment 293 #
2015/0281(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to ensure that any person providing or collecting funds, by any means, directly or indirectly, with the intention that they should be used, or knowing that they are to be used, in full or in part, to commit any of the offence(s) referred to in Articles 3 to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally.
Amendment 301 #
2015/0281(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
3. This offence shall apply, regardless of whether the person alleged to have committed the offence(s) is in the same country or a different country from the one in which the terrorist(s)/terrorist organisation(s) is located or the terrorist act(s) occurred or will occur.
Amendment 302 #
2015/0281(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall take the necessary measures to ensure that aggravated theft with a view to committing one of the offences listed in Article 3 and Article 4 is punishable as a criminal offence when committed intentionally.
Amendment 307 #
2015/0281(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall take the necessary measures to ensure that extortion with a view to committing one of the offences listed in Article 3 and Article 4 is punishable as a criminal offence when committed intentionally.
Amendment 308 #
2015/0281(COD)
Proposal for a directive
Article 14 – title
Article 14 – title
Drawing up and using false administrative documents to committing a terrorist offence
Amendment 311 #
2015/0281(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall take the necessary measures to ensure that drawing up and using false administrative documents with a view to committing one of the offences listed in points (a) to (h) of Article 3(2) and point (b) of Article 4 and article 9 is punishable as a criminal offence when committed intentionally.
Amendment 355 #
2015/0281(COD)
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Each Member State shall take the measures required to establish its jurisdiction in respect of the offences referred to in Article 4 in cases where the perpetrator is present on its territory.
Amendment 356 #
2015/0281(COD)
Proposal for a directive
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. When an offence falls within the jurisdiction of more than one Member State and when any of the States concerned can validly prosecute on the basis of the same facts, the Member States concerned shall cooperate in order to decide which of them will prosecute the offenders with the aim, if possible, of centralising proceedings in a single Member State. To this end, the Member States mayshall have recourse to Eurojust in order to facilitate cooperation between their judicial authorities and the coordination of their action. Sequential account shall be taken of the following factors:
Amendment 364 #
2015/0281(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Amendment 365 #
2015/0281(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Exchanges of information and cooperation concerning terrorist offences 1. Member States shall systematically flag up in the Schengen Information System any person who is suspected of having committed or who has been convicted of at least one of the offences referred to in Articles 3 to 14 of this Directive. 2. Member States shall systematically forward to Europol details of any person who is suspected of having committed or who has been convicted of at least one of the offences referred to in Articles 3 to 14 of this Directive.
Amendment 368 #
2015/0281(COD)
Proposal for a directive
Article 21 b (new)
Article 21 b (new)
Amendment 369 #
2015/0281(COD)
Proposal for a directive
Article 21 b (new)
Article 21 b (new)
Article 21b PNR information exchanges Member States shall exchange all PNR data concerning persons who are suspected of having committed or who have been convicted of at least one of the offences referred to in Articles 3 to 14 of this Directive.
Amendment 373 #
2015/0281(COD)
Proposal for a directive
Article 21 d (new)
Article 21 d (new)
Article 21d The convicting Member State shall timely store criminal record information on convictions handed down on its territory, including fingerprints, against a national of another Member States, in the ECRIS database. Member State shall ensure the confidentiality and integrity of criminal record information transmitted to other Member States. Where appropriate, the Commission shall make a legislative proposal to amend this paragraph and align it with the future directive amending Council framework Decision 2009/315/JHA, as regards the ECRIS, and replacing Council Decision 2009/316/JHA.
Amendment 374 #
2015/0281(COD)
Proposal for a directive
Article 21 e (new)
Article 21 e (new)
Article 2e Member States shall make financial investigation an automatic component of all Counter-Terrorist investigations and share relevant financial intelligence information among all relevant actors.
Amendment 428 #
2015/0281(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall, by [24 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures to comply with this Directive. and of the effectiveness of the actions that member state have taken in terms of achieving the objective of this directive. On the basis of this evaluation, the Commission shall decide on the appropriate follow-up;
Amendment 40 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
Amendment 111 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 183 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 6 #
2015/0026(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to address the budgetary constraints faced by Member States at the initial stage of the programming period and, taking into account the urgent need to address youth unemployment and the specific features of the YEI, it is appropriate to lay down provisions in order to complement Regulation (EU) No 1303/2013, with a view to increase the level of the initial pre-financing paid to operational programmes supported by the YEI in 2015. To ensure that Member States have sufficient means to provide payments to beneficiaries responsible for the implementation of operations that target youth unemployment, an additional initial pre-financing amount from the specific allocation for the YEI should be paid in 2015 for operational programmes supported by the YEI, in order to complement the pre-financing amounts paid in accordance with Regulation (EU) No 1303/2013. In order to enable a prompt implementation of the operational programmes supported by the YEI, the Commission should commit itself to pay the pre-financing amount to the Member States immediately after the entry into force of this Regulation.
Amendment 8 #
2015/0026(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To ensure that the additional initial pre- financing amount is used for the immediate implementation of the YEI, it should be foreseen that this amount is reimbursed to the Commission, if the Union contribution from the YEI does not amount to an adequate level in interim payment applications submitted to the Commission 12 months after the entry into force of this Regulation. This measure is a safeguard to ensure that eligible Member States set up the required structures to promptly implement the YEI. Member State action is urgently needed to deliver on the YEI and combat alarming levels of youth unemployment.
Amendment 9 #
2014/2254(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the UN Convention on the Rights of Persons with Disabilities, adopted in New York on 13 December 2006,
Amendment 13 #
2014/2254(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the United Nations Convention on the Rights of the Child, adopted in New York on 20 November 1989,
Amendment 14 #
2014/2254(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the following General Comment of the UN Committee on the Rights of the Child: No 7 (2005) on implementing child rights in early childhood, No 9 (2006) on the rights of children with disabilities, to No 10 (2007) on children's rights in juvenile justice, No 12 (2009) on the right of the child to be heard, No 13 (2011) on the right of the child to freedom from all forms of violence, No 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration,
Amendment 35 #
2014/2254(INI)
Motion for a resolution
Citation 15
Citation 15
– having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data2 , __________________ 2, 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, and to Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, __________________ 2 OJ L 281, 23.11.1995, p. 31. OJ L 281, 23.11.1995, p. 31.
Amendment 37 #
2014/2254(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the EU Strategy towards the Eradication of Trafficking in Human Beings 2012-2016, in particular the provisions on financing the development of guidelines on child protection systems and on the exchange of best practices,
Amendment 38 #
2014/2254(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
– having regard to Commission recommendation 2013/112/EU of 20 February 2013 entitled 'Investing in children: breaking the cycle of disadvantage'
Amendment 39 #
2014/2254(INI)
Motion for a resolution
Citation 15 c (new)
Citation 15 c (new)
– having regard to its resolution of 12 September 2013 on the situation of unaccompanied minors in the EU(4) ,
Amendment 40 #
2014/2254(INI)
Motion for a resolution
Citation 15 d (new)
Citation 15 d (new)
– having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and to the Beijing Platform for Action, to its resolutions of 25 February 2014 with recommendations to the Commission on combating violence against women and of 6 February 2014 on the Commission communication entitled 'Towards the elimination of female genital mutilation', and to the Council conclusions of 5 June 2014 on preventing and combating all forms of violence against women and girls, including female genital mutilation,
Amendment 58 #
2014/2254(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to its Resolution on 25th anniversary of the UN Convention on the Rights of the Child of 27 November 2014
Amendment 187 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to ensure coordination within its different services with a view to effectively mainstreaming children's rights in all EU legislative proposals, policies and financial decisions;
Amendment 188 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Reiterates its call on the Commission to propose a new child rights strategy and action plan for the next five years, building on and upgrading the EU Agenda on the Rights of a Child;
Amendment 189 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on Member States to ensure that the principle of the best interests of the child is respected in all legislation and decisions taken at all levels and encourages Member States to share best practices with a view to improving the correct application of the principle of the best interests of the child across the EU;
Amendment 196 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Urges the Commission to ensure that any such internal strategy is accompanied by an action plan, series of legislative proposals, in the context of the Treaties currently in forder to supplement and strengthen thece, with a view to adopting a European Democratic Governance Pact in an effort to: (a) establish a scoreboard for democracy, the rule of law and fundamental rights so that each Member Strategic Framework on Human Rights and Democracy already applied in EU external relations; notes that the strategy should: is assessed periodically. – With that aim in view, the Commission should set up a group of experts with a remit to establish the indicators by which democracy, the rule of law and fundamental rights will be measured. These indicators should reflect the Copenhagen political criteria governing accession and the values and rights laid down in Article 2 of the Treaties and the Charter of Fundamental Rights. – The indicators should be drawn up on the basis of existing standards, such as those developed by the UN and the Council of Europe, and the contributions of the European Union Agency for Fundamental Rights, existing international bodies and civil society organisations operating in the area of human rights and fundamental freedoms should be taken into account.
Amendment 227 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. b) expand the remit and structure of the Agency for Fundamental Rights (FRA). The founding regulation of the FRA should be amended to expand the Agency’s remit and power so that it can monitor the common indicators concerning the rule of law and fundamental rights and the additional human and financial resources it needs to carry out its new tasks, and do all this without detracting from its independence and impartiality, which are two of the Agency’s fundamental principles. – A rule of law and fundamental rights evaluation committee should be set up within the Agency (FRA Evaluation Committee) to analyse and evaluate the results of the regular monitoring of the indicators. – The FRA Evaluation Committee should publish an annual monitoring report containing a detailed evaluation of each Member State’s performance on the basis of the various indicators. – The Evaluation Committee could then recommend, on the basis of this annual report, that the Commission issue a formal warning if one or more indicators show that a Member State, or even several Member States, are violating the rule of law or fundamental rights.
Amendment 228 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 229 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on EU Institutions to consider EU Treaty change in order to allow for the Democratic Governance Pact (DGP) to be fully functioning, in particular by; (a) Expanding the role of the Court of Justice of the European Union by creating a new specific procedure to enforce the rule of law principle of Article 2 TEU in a Member State by means of an infringement procedure brought by the Commission or another Member State before the Court of Justice of the European Union (CJEU); (b) Revising Article 7 of the EU Treaty, adding an 'application of Article 2 of the EU Treaty' stage, separating the 'risk' stage from the 'violation' stage, with different thresholds for the majorities provided for, a strengthening of technical and objective (not only political) analysis, enhanced dialogue with the Member States' institutions and a wider range of detailed and predictable penalties which are applicable throughout the procedure (Michel, 2013); (c) Including a reference to the FRA in the Treaties, including a legal base making it possible to amend the Agency's founding regulation not by unanimity, as is currently the case, but via the ordinary legislative procedure; (d) Creating a possibility for national Parliament to refer a draft national law to the CJEU for an opinion on its compliance with the Treaties and the Charter of Fundamental Rights;
Amendment 353 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Condemns any form of violence against children, such as physical and sexual abuse, forced marriages, child labour, sexual exploitation, trafficking, honour killing, female genital mutilation, child soldiers and human shields; considers that tradition, culture and religion should never be used to justify violence against children; calls on the Member States to uphold their obligations and combat any form of violence against children, including by formally prohibiting and sanctioning corporal punishment against children; calls on the Member States to increase their cooperation and dialogue with third countries, to raise awareness and to advocate for children's rights to be respected everywhere in the world;
Amendment 361 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Considers that children's personal data online must be duly protected and that children need to be informed in a child-friendly manner about the risks and consequences of using their personal data online; stresses that online profiling of children should be prohibited;
Amendment 368 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls on the Member States to ensure effective access to justice for all children, whether as suspects, perpetrators, victims or parties to proceedings;
Amendment 501 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 l (new)
Paragraph 10 l (new)
10l. Recalls that the child’s best interests as referred to in Article 24 of the Charter must always be a prime consideration in any policy and measure adopted in relation to children;
Amendment 502 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 m (new)
Paragraph 10 m (new)
10m. Expresses its concern about the increase in the number of cases of international abduction by parents; stresses, in this context, the importance of the role of the European Parliament Mediator for International Parental Child Abduction; calls on Member States to cooperate fully with one another in such cases, particularly in the interests of the child;
Amendment 503 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 n (new)
Paragraph 10 n (new)
10n. Strongly condemns the sexual exploitation of children, particularly the growing phenomenon of child pornography on the Internet; urges the Union and Member States to unite in their efforts to combat these serious infringements of children’s rights and to take due account of the recommendations made by Parliament in its Resolution of 11 March 2015 on Child Sexual Abuse Online; reiterates its call for those Member States which have not yet done so to transpose the directive on combating the sexual abuse, sexual exploitation of children and child pornography; calls, furthermore, on the Union and those Member States which have not yet done so to ratify the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse;
Amendment 504 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 o (new)
Paragraph 10 o (new)
10o. Strongly condemns the violence and ill-treatment inflicted on children within the Union; calls on Member States to make child protection a priority; stresses the role of professionals who concern themselves with children, such as teachers, youth workers and paediatricians, when it comes to detecting signs of mistreatment of children; calls on Member States to ensure that such professionals have their awareness raised, and receive training, to this end; calls furthermore on Member States to establish hotlines where children can report any act of mistreatment, sexual violence, intimidation or harassment against them;
Amendment 505 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 p (new)
Paragraph 10 p (new)
10p. Recalls that the right to education is provided for in the Charter and that education is essential, not only for a child’s welfare and personal development but also for the future of society; considers the education of children from low-income families to be an essential precondition for enabling children to escape from poverty; calls on Member States, therefore, to promote high-quality education for all; recalls, likewise, the importance of national child protection services for the identification and monitoring of abused children, and calls on Member States not to reduce funding of these services;
Amendment 506 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 q (new)
Paragraph 10 q (new)
10q. Expresses its concern that the economic situation may result in a rise in the number of children who are induced to work, in many cases to the detriment of their schooling; recalls that child labour is prohibited, particularly under the Charter, and calls on the Commission and Member States to give greater consideration to this issue, to collect data and to combat this phenomenon;
Amendment 507 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 r (new)
Paragraph 10 r (new)
10r. Recalls the importance of making children aware of their rights, so that they can stand up for their own rights; calls on Member States to encourage such awareness-raising as part of compulsory schooling;
Amendment 508 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 s (new)
Paragraph 10 s (new)
10s. Welcomes the trend towards defining forced marriage as a criminal offence in the Member States; calls on Member States to be vigilant and to provide training for and raise the awareness of staff who come into contact with children, such as teachers or youth workers, to equip them to identify children who are at risk of being abducted to their country of origin in order to be forcibly married;
Amendment 541 #
2014/2254(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the discrimination and exclusion that persons with a disability still face today; calls on the Commission and the Member States to implement the European Disability Strategy and to monitor and apply the relevant European legislation; calls on the European Commission to maximize synergies between the EU disability strategy and the provisions of the CEDAW and the UN Convention on the Rights of the Child;
Amendment 546 #
2014/2254(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. reiterates the importance of protecting and promoting equal access to all rights for Roma children;
Amendment 584 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Condemns any forms of discrimination against children and calls on the Commission and Member States to make a united action to eradicate discrimination against children; in particular, calls on the Member States and the Commission to explicitly consider children as a priority when programming and implementing regional and cohesion policies, such as the European disability strategy, the EU framework for national Roma integration strategies and the EU’s equality and non-discrimination policy; reiterates the importance of protecting and promoting equal access to health care, dignified accommodation and education for Roma children;
Amendment 684 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers that migrant children are particularly vulnerable, especially when they are unaccompanied; calls on the Commission and the Member States to implement Parliament’s resolution of 12 September 2013 on the situation of unaccompanied minors in the EU; calls on the Member States to fully implement the Common European Asylum System package in order to improve the condition of unaccompanied minors in the EU; welcomes the Court of Justice judgment in Case C-648/11 , which stated that the Member State responsible for examining an asylum application made in more than one Member State by an unaccompanied minor is the State in which the minor is present after having lodged an application there; recalls that an unaccompanied minor is above all a child and that child protection, rather than immigration policies, must be the leading principle for Member States and the EU when dealing with them;
Amendment 756 #
2014/2254(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Deplores the way in which the financial and economic crisis and the measures taken to deal with it have had an impact – in some cases a drastic one – on economic, social and cultural rights, resulting in poverty, exclusion and isolation; underlines the fact that – according to UNICEF’s report on the impact of the economic crisis on child well-being in rich countries - the rights to education, health and social protection of children and young people in the countries most affected by the crisis have been disproportionately harmed;
Amendment 874 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to assess the impact of detention policies and criminal justice systems on children; points out that across the EU children’s rights are directly affected in the case of children living in detention facilities with their parents; underlines the fact that an estimated 800.000 children in the EU are separated from an imprisoned parent each year, which impacts on the rights of children in multiple ways;
Amendment 884 #
Amendment 890 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls on the Commission to develop a renewed EU Agenda for the Rights of the Child with a comprehensive, integrated and ambitious set of goals aiming at filling remaining gaps in existing national legislation, addressing child rights violations, ensuring better protection for all children, guaranteeing legal certainty and contributing to greater coherence of EU action, in line with Better Regulation principles;
Amendment 892 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on the Commission to ensure increased coordination within its different services and effective mainstreaming of children’s rights across all the EU’s legislative proposals, policies and financial decisions; calls on the Commission to report annually on the progress made on the respect of the rights of children and the full implementation of the EU acquis on children’s rights; calls on the Commission to ensure that the mandate and resources of the children’s rights coordinator adequately reflect the EU’s commitment to systematically and effectively mainstreaming children’s rights;
Amendment 894 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Welcomes the forthcoming guidelines on integrated child protection system and stressed the need for an integrated and coordinated approach to ensure all children are protected against all forms of violence and neglect; underlines the importance of a common EU approach to finding missing children in the EU; calls on the Member States to increase police and judicial cooperation in cross-border cases involving missing children and to develop hotlines to search for missing children and support victims of child abuse;
Amendment 896 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. Calls on the Member States to ratify without delay the Optional Protocol to the Convention on the Rights of the Child on a communications procedure; reiterates its call on the European Commission and the VP/HR to explore ways and means for the EU to accede to the UN Convention on the Rights of the Child;
Amendment 7 #
2014/2253(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that EU Member States have an obligation to make use of the existing provisions on humanitarian visa in the Visa Code which constitutes an alternative to irregular entry routes by providing for the safe and legal entry of third-country nationals;
Amendment 3 #
2014/2216(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the UN Convention of the Rights of the Child and the European Parliament resolution on the 25th anniversary of the Right of the Child adopted on the 27th November 2014;
Amendment 400 #
2014/2216(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70a. Reiterates its call on the Commission to propose an ambitious and comprehensive Child Rights Strategy and Action Plan for the next five years, as requested in its resolution on the 25th Anniversary of the Right of the Child of 27 November 2014;
Amendment 407 #
2014/2216(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Commission and the EEAS to continue to take action regarding the rights of the child, with a specific focus on violence against children, including torture, as cases of torture and detention of children have been reported by organisations such as UNICEF and Amnesty International; calls for particular focus on the issues of forced child labour, child marriage, enlistment of children in armed groups and their disarmament, rehabilitation and subsequent reintegration, as well as placing the issue of child witchcraft on the agenda of human rights dialogues with the countries concerned; stresses the importance of prioritising children’s rights within EU external policy, development cooperation and humanitarian aid ,in order to ensure adequate funding and increase the level of protection for children in emergency situations; calls on the VP/HR to report annually to Parliament on the results achieved with regard to child-focused EU external action;
Amendment 415 #
2014/2216(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Reiterates the need to step up efforts to implement the Revised Implementation Strategy of the EU Guidelines on Children and Armed Conflict; encourages the EU to further deepen its cooperation with the UN Special Representative for Children affected by Armed Conflicts; calls for the universal ratification of the UN Convention on the Rights of the Child, and notably the third Optional Protocol which will allow children to submit their complaints to the UN Committee on the Rights of the Child; Calls on the Commission and the High representative/Vice President of the Commission to explore ways for the EU to accede unilaterally to the UN Convention on the Rights of the Child;
Amendment 449 #
2014/2216(INI)
Motion for a resolution
Paragraph 74 a (new)
Paragraph 74 a (new)
74a. Considers that migrant children are particularly vulnerable, especially when they are unaccompanied; recalls that unaccompanied children are above all children and that child protection, rather than immigration policies, must be the leading principle when dealing with them, thus respecting the core principle of the best interests of the child.
Amendment 26 #
2014/2213(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that, in the operation of the European Fund for Strategic Investment, special attention should be devoted to urban regions in order to promote socially and ecologically sustainable and employment-intensive investment, for example in social housing, renovation of buildings, education, transport or health and care;
Amendment 33 #
2014/2213(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Asks the Commission to promote the development of urban transport networks which help to keep the most deprived neighbourhoods connected, strengthen social cohesion and improve workers’ mobility; similarly encourages the development of these transport networks in cross-border conurbations to improve mobility for those who cross the border to work;
Amendment 42 #
2014/2006(INI)
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Welcomes the EU Justice Scoreboard drawn up by the Commission; deeply regrets that the EU Justice Scoreboard only focuses on civil, commercial and administrative Justice ; therefore calls for the justice scoreboard exercise to assess all areas of justice, including criminal justice and all justice-related horizontal issues, such as independence, respect of procedural rights and the career of judges; calls on the Commission to draw from the work already carried out by the bodies of the Council of Europe in this field, as well as that carried out by the European Union Agency for Fundamental Rights;
Amendment 51 #
2014/2006(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Member States' participation Regrets the lack of available data on national justice systems and therefore calls the Member States to cooperate fully with the European Union's and Council of Europe's institutions and to collect and provide on a regular basis impartial, reliable, objective, and comparable data on their justice systems;
Amendment 56 #
2014/2006(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to address Parliament’s repeated request and propose a mechanism for the regular assessment of Member States’ compliance with the fundamental values of the EU, as set out in Article 2 TEU, providing a basis for an early warning tool with appropriate interventions, infringement proceedings and sanctions should systematic breaches of the principles of democracy and rule of law occur, and should the appropriate checks and balances fail to function in a Member State;
Amendment 50 #
2014/0408(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) In all legal cases involving children, Member States should uphold the principle that the best interests of the child should be taken into consideration first.
Amendment 58 #
2014/0408(COD)
Proposal for a directive
Recital 10
Recital 10
(10) When, at the time a person person over the age of 18 becomes a suspect or accused person in criminal proceedings, that person is above the age of 18, Member States are encouraged to apply the procedural safeguards foreseen by for an offence committed while under the age of 18, this Directive should apply until this person reaches the age of 21.
Amendment 59 #
2014/0408(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Member States should determine the age of children on the basis of the children’s own statements, checks of their civil status, documentary research, other evidence and, if such evidence is unavailable or inconclusive, on the basis of a medical examination. A medical examination should be carried out as a last resort and in strict compliance with the child’s rights, physical integrity and human dignity.
Amendment 65 #
2014/0408(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 80 #
2014/0408(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Such audio-visual records should be accessible only to the judicial authorities and the parties to the proceedings. Moreover, the questioning of children should be carried out in a manner that takes into account their age and level of maturity.
Amendment 85 #
2014/0408(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Children should be judged in the absence of the public in order to protect their privacy and to facilitate their re- integration into society. IOnly in exceptional cases should the court may decide that a hearing should be held publicly after it has taken due account of the best interests of the childbe allowed, taking into account the best interests of the child, to hold a hearing in public. Member States should seek to protect the privacy of children in connection with criminal proceedings and their outcome, having regard also to breaches that might be committed through the media, including the internet, and to facilitate the re-integration into society of children involved in criminal proceedings, to that end taking steps to prevent discrimination and marginalisation.
Amendment 103 #
2014/0408(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Directive appliWhen a person over the age of 18 becomes toa suspects or accused persons subject to in criminal proceedings referred to in paragraph 1, and to persons subject to European arrest warrant proceedings referred to in paragraph 2, whofor an offence committed while under the arge no longer children in the course of those proceedings, which started wof 18, this Directive shall apply until that person reachens they were children age of 21.
Amendment 106 #
2014/0408(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that children are informed promptlyimmediately about the proceedings under way and about their rights in accordance with Directive 2012/13/EU. They shall also be informed about the following rights within the same scope as Directive 2012/13/EU:
Amendment 110 #
2014/0408(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 9 a (new)
Article 4 – paragraph 1 – point 9 a (new)
(9a) their right to an effective remedy;
Amendment 112 #
2014/0408(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 9 b (new)
Article 4 – paragraph 1 – point 9 b (new)
(9b) their right of access to justice which is adapted to their needs, and to appropriate support services.
Amendment 114 #
2014/0408(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure that the information provided for under paragraphs 1 and 2 is given orally or in writing, using appropriate methods in line with the age, maturity, knowledge and intellectual capacity of the child, in simple and accessible language which the child can understand and which takes account of cultural and gender differences.
Amendment 116 #
2014/0408(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Member States shall ensure that the child has the right to meet the holder of parental responsibility or appropriate adult as referred to in the first sub- paragraph as soon as possible after his or her arrest.
Amendment 122 #
2014/0408(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The derogations provided for in Article 2(4) of Directive 2013/48/EU shall not apply to children.
Amendment 129 #
2014/0408(COD)
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 143 #
2014/0408(COD)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States shall ensure that any questioning of children is carried out in a manner that takes into account their age and level of maturity.
Amendment 146 #
2014/0408(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Children who are deprived of liberty shall have the right to have immediate access to legal and any other appropriate assistance, as well as the right to challenge the legality of the deprivation of liberty before a court or other competent, independent and impartial authority, and to have a swift decision taken on the matter.
Amendment 164 #
2014/0408(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall ensure that the competent authorities take appropriate measures in criminal proceedings to protect the privacy of the child and family members, including their names and images. Member States shall ensure that the competent authorities and non-state actors, such as the media, do not publicly disseminate information that could lead to the identification of the child.
Amendment 166 #
2014/0408(COD)
Proposal for a directive
Article 16 – title
Article 16 – title
Right of children to appear in person at, and take part in, the trial aiming at assessing the question of their guilt
Amendment 168 #
2014/0408(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that children are present atcan take part in their trial and shall take all necessary steps to enable them to participate fully, including by giving them trial. he opportunity to be heard and to freely express their views at all stages of the proceedings.
Amendment 28 #
2014/0217(COD)
Proposal for a regulation
Article 2 – point a
Article 2 – point a
(a) ‘Law enforcement officers’professionals or aspiring professionals' means officers of police, customs and of other relevant services, including Union bodies, responsible for preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime that affect a common interest covered by a Union policy and for, public order, crisis management and international policing of major events., including employees or experts of Union institutions, bodies, offices and departments whose competences are related to those tasks;
Amendment 49 #
2014/0217(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) common curricula to raise awareness and knowledge, address gaps and/or facilitate a common approach in relation to cross-border criminal phenomena, in particular with regard to terrorism, cybercrime, financial investigation, and participation in Union missions;
Amendment 68 #
2014/0217(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The provisional seat of CEPOL shall be in Budapest, Hungary.
Amendment 70 #
2014/0217(COD)
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. The Commission shall present, no later than two years after the date of application of this Regulation, a cost- benefit analysis and an impact assessment on the provisional seat as compared to The Hague as an alternative scenario and, if appropriate, a legislative proposal to amend paragraph 3 accordingly.
Amendment 71 #
2014/0217(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. No later than 53 years after the date referred to in Article 43of application of this Regulation and every 5 years thereafter, the Commission shall commission an evaluation to assess particularly the impact, effectiveness and efficiency of CEPOL and its working practices. The evaluation shall, in particular, address the possible need to modify the mandate of CEPOL, and the financial implications of any such modification.
Amendment 136 #
2013/0407(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Public references to guilt before convictionproven guilty
Amendment 140 #
2013/0407(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that, before a final conviction, public statements and official decisions from public authorities do not refer to the suspects or accused persons as if they were convictedguilty.
Amendment 192 #
2013/0256(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Whilst the European Public Prosecutor’s Office should have exclusive competence to investigate and prosecute crimes affecting the Union’s financial interests, Eurojust should be able to exercise its competence in cases involving one or more Member States that do not participate in the European Public Prosecutor’s Office and in cases involving Member States that participate in the European Public Prosecutor’s Office but for which the European Public Prosecutor’s Office does not exercise its competence. To this end, Eurojust should, in particular, be able to support national authorities when they are investigating and prosecuting these forms of crime in accordanc. Within the context of those cases, Eurojust should exercise with the Regulation establishings competence at the request of the Member States concerned, the European Public Prosecutor’s Office or on its own initiative but always in conjunction with the European Public Prosecutor’s Office.
Amendment 201 #
2013/0256(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Eurojust national coordination systems should be set up in the Member States to coordinate the work carried out by the national correspondents for Eurojust, the national correspondent for Eurojust for terrorism matters, the national correspondent for Eurojust for issues relating to the competence of the European Public Prosecutor’s Office designated by the Member States that do not participate in the European Public Prosecutor’s Office, the national correspondent for the European Judicial Network and up to three other contact points, as well as representatives in the Network for Joint Investigation Teams and of the networks set up by Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes10, 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 crime11 and by Council Decision 2008/852/JHA of 24 October 2008 on a contact-point network against corruption12. _________________ 10 OJ L 167, 26.6.2002, p. 1 11 OJ L 332, 18.12.2007, p. 103. 12 OJ L 301, 12.11.2008, p. 38.
Amendment 203 #
2013/0256(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) For the purposes of stimulating and strengthening coordination and cooperation between national investigating and prosecuting authorities it is crucial that Eurojust receives relevant information from national authorities necessary for the performance of its tasks. To this end, national competent authorities should inform their national members of the setting up and results of joint investigation teams, of cases under the competence of Eurojust directly involving at least threewo Member States and for which requests or decisions on judicial cooperation have been transmitted to at least two Member States, as well as, under certain circumstances, information on conflicts of jurisdiction, controlled deliveries and repeated difficulties in judicial cooperation.
Amendment 216 #
2013/0256(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) PEurojust should enhance its cooperation with competent authorities in third countries and international organisations on the basis of a strategy drawn up in conjunction with the Commission. For that purpose, provision should be made for Eurojust to post liaison magistrates to third countries in order to achieve objectives similar to those assigned to liaison magistrates seconded by the Member States on the basis of Council Joint Action 96/277/JHA of 22 April 1996 concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union14. _________________ 14 OJ L 105, 27.4.1996, p. 1
Amendment 221 #
2013/0256(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 223 #
2013/0256(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States, or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States' authorities and by Europol, the EPPO, Europol and OLAF.
Amendment 228 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. a) Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, its competence shall not include the crimes for which the European Public Prosecutor’s Office is competent. b) For forms of crime over which the European Public Prosecutor’s Office exercises its competence, Eurojust shall only exercise its competence: - in cases involving one or more Member States that do not participate in the European Public Prosecutor’s Office and, - in cases involving Member States that participate in the European Public Prosecutor’s Office but for which the European Public Prosecutor’s Office does not exercise its competence.
Amendment 231 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) For cases of the kind referred to in paragraph 1 (b), Eurojust shall exercise its competence at the request of the European Public Prosecutor’s Office, one or more Member States concerned or on its own initiative but always in conjunction with the European Public Prosecutor’s Office.
Amendment 238 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d a (new)
Article 4 – paragraph 1 – point d a (new)
da) cooperate closely with the European Public Prosecutor’s Office on matters relating to its competence
Amendment 242 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Amendment 243 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(2a) Eurojust can set a deadline for the implementation of all requests referred to in paragraph 2.
Amendment 244 #
2013/0256(COD)
4. Where two or more Member States cannot agree on which of them should undertake an investigation or prosecution following a request made under point (b) of paragraph 2, Eurojust shall issue a written opinion on the case. The opinion shall be promptly forwarded to the Member States concernedforwarded immediately to the Member States concerned. If the Member States concerned do not reach an agreement within one month of this opinion being forwarded, the College may decide to make its opinion binding.
Amendment 246 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. On request of a competent authority Eurojust shall issue a written opinion on recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion shall be promptimmediately forwarded to the Member States concerned.
Amendment 249 #
2013/0256(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The national members and deputies shall have a status as a prosecutor, judge or police officers of equivalent competenc or judge. The competent national authorities shall grant them the powers referred to in this Regulation in order to be able to fulfil their tasks.
Amendment 250 #
2013/0256(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Member States must designate national members and deputies on the grounds of proven high level of and longstanding practical experience in the field of criminal justice.
Amendment 251 #
2013/0256(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
b a) contact directly and exchange information with any Union agency or competent body, including the European Public Prosecutor's Office
Amendment 257 #
2013/0256(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. In urgent cases when timely agreement cannot be reached, the national members shall be competent to take the measures referred to in paragraph 2, informing as soon as possibleimmediately the national competent authority.
Amendment 258 #
2013/0256(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
a) criminal records;, including the European Criminal Records Information System (ECRIS)
Amendment 261 #
2013/0256(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
b) all the national members and two representatives of the Commission when the College exercises its management functions under Article 14, except Article 14.k.
Amendment 263 #
2013/0256(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(ba) all the national members and the head of the European Public Prosecutor’s Office for matters relating to the areas of competence of the European Public Prosecutor’s Office.
Amendment 264 #
2013/0256(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The term of office of the members and their deputies shall be at leastof four years, renewable once. Upon expiry of their term of office or iIn the event of their resignation, members shall remain in office until their term is renewed or until they are replacedy are replaced. Members States shall ensure the prompt designation of their national members and deputies.
Amendment 269 #
2013/0256(COD)
2. The College shall hold at least one operational meeting per month. To exercise its management functions, the College shall hold at least two ordinary meetings a year. In addition, it shall meet on the initiative of the President, at the request of the Commission, or at the request of at least one third of its members. It shall also meet in its composition referred in Article 10.1.b.bis (new) at least twice a year. In addition, it shall meet on the initiative of the President or at the request of the EPPO.
Amendment 273 #
2013/0256(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a a (new)
Article 14 – paragraph 1 – point a a (new)
(aa) adopt every four years Eurojust’s multi-annual programming document by a majority of two thirds of its members and in accordance with Article 15;
Amendment 274 #
2013/0256(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point i
Article 14 – paragraph 1 – point i
i) appoint an Accounting Officer and a Data Protection Officer who shall be functionally independent in the performance of their duties;
Amendment 275 #
2013/0256(COD)
1. By [30 November each year] the College shall adopt a programming document containing multi-annual and annual programming, based on a draft put forward by the Administrative Director, taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council and the Commission, the Commission, and the European Public Prosecutor’s Office for matters relating to its competence. The programming document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly.
Amendment 276 #
2013/0256(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
(3a) Every four years the College shall adopt a programming document containing multi-annual programming on the basis of a draft put forward by the Administrative Director, taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council, the Commission and the European Public Prosecutor’s Office for matters relating to its competence.
Amendment 277 #
2013/0256(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The multi-annual work programme shall set out overall strategic programming including objectives, the strategy for cooperation with the third countries and international organisations referred to in Article 43, expected results and performance indicators. It shall also set out resource programming including multi- annual budget and staff. The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, and in particular to address the outcome of the evaluation referred to in Article 56.
Amendment 285 #
2013/0256(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Executive Board shall be composed of the President and Vice- Presidents of the College, one representative of the Commission and one other member of the College. The President of the College shall be the Chairperson of the Executive Board. The Executive Board shall take its decisions by a majority of its members, each member having one vote. The Administrative Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.
Amendment 291 #
2013/0256(COD)
2. The Administrative Director shall be appointed by the College from a list of candidates having the required competences and experience to exercise such a position, proposed by the Commission, following an open and transparent selection procedure. For the purpose of concluding the contract of the Administrative Director, Eurojust shall be represented by the President of the College.
Amendment 303 #
2013/0256(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Each Member State shall designate one or more national correspondents for Eurojust. Each Member State shall also designate one national correspondent for Eurojust for terrorism matters. Each Member State that does not participate in the enhanced cooperation on the creation of the European Public Prosecutor’s Office shall also designate a national correspondent for Eurojust for issues relating to the competence of the European Public Prosecutor’s Office.
Amendment 304 #
2013/0256(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
(1a) All the national correspondents appointed by the Member States under paragraph 1 must have the skills and experience needed to carry out their duties.
Amendment 305 #
2013/0256(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b a (new)
Article 20 – paragraph 2 – point b a (new)
(ba) the national correspondent for Eurojust for issues relating to the competence of the European Public Prosecutor’s Office, for Members States that do not participate in the enhanced cooperation on the creation of the European Public Prosecutor’s Office.
Amendment 306 #
2013/0256(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The persons referred to in paragraphs 1 and 2 shall maintain their position and status under national law, provided that maintaining their position and status does not impede them from performing their duties under this Regulation.
Amendment 307 #
2013/0256(COD)
Proposal for a regulation
Article 20 – paragraph 5 – point c a (new)
Article 20 – paragraph 5 – point c a (new)
(ca) by ensuring that the competent national authorities respond to the Eurojust requests referred to in Article 4.2 and follow up on the Eurojust opinions referred to in Article 4.4 by the deadline set by Eurojust.
Amendment 309 #
2013/0256(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. The national competent authorities shall inform their national members without undue delay of any case concerning crimes under the competence of Eurojust affecting at least threewo Member States and for which requests for or decisions on judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, have been transmitted to at least two Member States.
Amendment 313 #
2013/0256(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
The competent national authorities shall respond without undue delayin the deadline set by Eurojust, to Eurojust's requests and opinions made under Article 4. Where tThe competent authorities of the Member States concerned decide not tomust comply with athe request made by Eurojust referred to in Article 4(2) or decide not toand in Article 4(2)new or follow a written opinion referred to in Article 4(4) or (5), they shall inform Eurojust without undue delay of their decision and of the reasons for it. Where it is not possible to give the reasons for refusing to comply with a request because to do so would harm essential national security interests or would jeopardiseexcept if they can justify to Eurojust, in a reasoned opinion, that the immediate compliance would: (a) be contrary to the essential interests of the security of the Member State concerned; or (b) jeopardise the success of an ongoing investigation or the safety of an individuals, the competent authorities of the Member States may cite operational reasons. Any delay to comply with the requests and opinions made by Eurojust under Article 4 must be duly justified.
Amendment 321 #
2013/0256(COD)
Proposal for a regulation
Article -27 (new)
Article -27 (new)
Article -27 Processing of personal data by Eurojust Regulation (EC) No 45/2001 and its subsequent changes shall apply to the processing of personal data by Eurojust in the context of its activities. The following provisions particularise and complement Regulation (EC) No 45/2001 and its subsequent changes in as far as personal data processed by Eurojust for its operational tasks are concerned.
Amendment 323 #
Amendment 353 #
2013/0256(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 355 #
2013/0256(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 356 #
2013/0256(COD)
Proposal for a regulation
Article 31
Article 31
Appointment of the Data Protection 1. The Executive Board shall appoint a Data Protection Officer in accordance with Article 24 of Regulation (EC) No 45/2001. 2. When complying with the obligations set out in Article 24 of Regulation (EC) No 45/2001, the Data Protection Officer shall: a) ensure that a written record of the transfer of personal data is kept; b) cooperate with Eurojust staff responsible for procedures, training and advice on data processing; c) prepare an annual report and communicate that report to the College and to the European Data Protection Supervisor. 3. In the performance of his or her tasks, the Data Protection Officer shall have access to all the data processed by Eurojust and to all Eurojust premises. 4. Eurojust's staff members assisting the Data Protection Officer in the performance of his or her duties shall have access to the personal data processed at Eurojust and to Eurojust premises to the extent necessary for the performance of their tasks. 5. If the Data Protection Officer considers that the provisions of Regulation (EC) No 45/2001 or this Regulation related to the processing of personal data have not been complied with, he or she shall inform the Administrative Director, requiring him or her to resolve the non-compliance within a specified time. If the Administrative Director does not resolve the non- compliance of the processing within the specified time, the Data Protection Officer shall inform the College and shall agree with the College a specified time for a response. If the College does not resolve the non-compliance of the processing within the specified time, the Data Protection Officer shall refer the matter to the European Data Protection Supervisor. 6. The Executive Board shall adopt the implementing rules referred to in Article 24(8) of Regulation (EC) No 45/2001.rticle 31 deleted Officer
Amendment 363 #
2013/0256(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 368 #
2013/0256(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The European Data Protection Supervisor shall act in close cooperation with naand national data protectional authorities competent for data protection supervision with respect to specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national authority competent for data protection supervision finds major discrepancies between practices of the Member States or potentially unlawful transfers using Eurojust's communication channels, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulationshall, each acting within their respective competences, cooperate with each other in accordance with article 62 of Regulation (EU) 2017/xxx on the protection of individuals with regard to the processing of personal data by the union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation EC 45/2001.
Amendment 369 #
2013/0256(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 372 #
2013/0256(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 373 #
2013/0256(COD)
Proposal for a regulation
Article 36
Article 36
Amendment 376 #
2013/0256(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 378 #
2013/0256(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. In so far as necessary for the performance of its tasks, Eurojust may establish and maintain cooperative relations with Union bodies and agencies in accordance with the objectives of those bodies or agencies, the competent authorities of third countries, international organisations and the International Criminal Police Organisation (Interpol) in line with the strategy referred to in Article 43.
Amendment 386 #
2013/0256(COD)
-1. Eurojust shall establish and maintain close cooperation with Europol, in so far as is relevant for the performance of the tasks of the two agencies and for achieving their objectives, taking account of the need to avoid duplication of effort. The essential elements of that cooperation shall be set out in an agreement which must be approved by the Council and the European Parliament. To that end, the Director of Europol and the President of Eurojust shall meet on a regular basis to discuss issues of common concern.
Amendment 389 #
2013/0256(COD)
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Whenever necessary, Eurojust shall make use of the Eurojust National Coordination Systems established in accordance with Article 20, and in particular the national correspondents for issues relating to the competence of the European Public Prosecutor’s Office, as well as the relations it has established with third countries, including its liaison magistrates, in order to support the cooperation established in accordance with paragraph 1.
Amendment 397 #
2013/0256(COD)
Proposal for a regulation
Article 43 – paragraph -1 (new)
Article 43 – paragraph -1 (new)
-1. Eurojust shall establish and maintain cooperation with the authorities of third countries and international organisations To that end, Eurojust shall prepare, every four years, in consultation with the Commission, a cooperation strategy which pinpoints the third countries and international organisations with which there is an operational need for cooperation.
Amendment 398 #
2013/0256(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. To this end, Eurojust may establish working arrangements with the entities referred to in Article 38(1).
Amendment 404 #
2013/0256(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point a
Article 45 – paragraph 2 – point a
Amendment 405 #
2013/0256(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point a a (new)
Article 45 – paragraph 2 – point a a (new)
(aa) the transfer is otherwise necessary or legally required on important public interest grounds of the Union or its Member States, as recognised by Union law or by national law, or for the establishment, exercise or defence of legal claims; or
Amendment 406 #
2013/0256(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point c
Article 45 – paragraph 2 – point c
Amendment 407 #
2013/0256(COD)
Proposal for a regulation
Article 45 – paragraph 5 a (new)
Article 45 – paragraph 5 a (new)
(5a) Eurojust shall make the list of international and cooperation agreements signed with third countries and international organisations available to the public by publishing and regularly updating that list on its website.
Amendment 411 #
2013/0256(COD)
Proposal for a regulation
Article 55 – paragraph 3 – point -a (new)
Article 55 – paragraph 3 – point -a (new)
-a) the annual and multi-annual programming documents
Amendment 415 #
2013/0256(COD)
Proposal for a regulation
Article 67 a (new)
Article 67 a (new)
Amendment 416 #
2013/0256(COD)
Proposal for a regulation
Annex I – paragraph 1 – indent 9
Annex I – paragraph 1 – indent 9
– sexual abuse and sexual exploitation of women and children, child pornographyincluding child sexual abuse material and solicitation of children for sexual purposes ;
Amendment 417 #
2013/0256(COD)
Proposal for a regulation
Annex I – paragraph 1 – indent 20
Annex I – paragraph 1 – indent 20
– illegal immigrant smuggling;
Amendment 418 #
2013/0256(COD)
Proposal for a regulation
Annex I – paragraph 1 – indent 26
Annex I – paragraph 1 – indent 26
– illicit trafficking in animal species, including endangered animal species;
Amendment 23 #
2013/0255(APP)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Regrets that the European Public Prosecutor's Office does not have competence for serious forms of cross- border crime; and asks the European Commission to propose, once the European Public Prosecutor's Office is established and within the shortest period of time, an enlargement of its mandate in order to cover certain categories of serious cross-border crimes, such as organised crime and terrorism. The European Parliament must be fully involved during the whole procedure of this review.
Amendment 87 #
2013/0105(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Longer vehicles may be used in cross- border transport if the two Member States concerned already allow it and if the conditions for derogation under Article 4(3), (4) or (5) of the Directive are met. The European Commission has already provided guidance on the applicatTo ensure that there is no distortion of competition between hauliers from different Member States, it is essential that the dimensions of Article 4 of the Directive. Thethe vehicles used for international transport operations areferred to in Article 4(4) do not have a significant impact on international competition if the cross- border use remains limited to two Member States where the existing infrastructure and the road safety requirements allow it common to all. Any exceptions to these common standards are exclusively limited to national transport operations. This balances the Member States’ right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the need to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respectobjectives set out in the White Paper.
Amendment 143 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – introductory part
Article 1 – paragraph 1 – point 2 – introductory part
Directive 96/53/EC
Article 4 – paragraph 4 – subparagraph 2 a (new)
Article 4 – paragraph 4 – subparagraph 2 a (new)
(2) In Article 4 is amended as follows:(4), the following subparagraph is inserted after the second subparagraph: 'Without prejudice to Member States' rights laid down in Acts on Accession to the Union, international transport operations carried out by vehicles or vehicle combinations with dimensions deviating from those laid down in Annex I shall be prohibited.'
Amendment 156 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Amendment 1 #
2013/0091(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
1. A European Union Agency for Law Enforcement Cooperation (Europol) is hereby established with a view to supportingimproving mutual cooperation among law enforcement authorities in the Union and developing an investigation capacity at Union level.
Amendment 2 #
2013/0091(COD)
Council position
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Europol shall support and strengthen action by the competent authorities of the Member States and their mutual cooperation, foster law enforcement synergies at Union level and provide a cross-border investigation capacity in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy, as listed in Annex I.
Amendment 4 #
2013/0091(COD)
Council position
Article 6
Article 6
Request by Europol for the initiation of a criminal investigation criminal investigation 1. In specific cases where Europol considers that a criminal investigation should be initiated into a crime falling within the scope of its objectives, it shall request the competent authorities of the Member States concerned via the national units to initiate, conduct or coordinate such a criminal investigation. 2. The nNational uUnits shall inform Europol without delay of the decision of the competent authorities of the Member States concerning any request made pursuant to paragraph 1initiation of the investigation. 3. If the competent authorities of a Member States decide not to accede tocomply with a request made by Europol pursuant to paragraph 1, they shall informprovide Europol ofwith the reasons for their decision without undue delay, preferably within one month of receipt of the request. However, the reasons may be withheld if providing them, within one month of the request, unless they can justify to Europol that the immediate provision of such reasons would: (a) be contrary to the essential interests of the security of the Member State concerned; or (b) jeopardise the success of an ongoing investigation or the safety of an individual. 4. Europol shall immediately inform Eurojust of any request made pursuant to paragraph 1 and of anythe decision of a competent authority of a Member State pursuant to paragraph 2to initiate or refuse to initiate an investigation.
Amendment 5 #
2013/0091(COD)
Council position
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Without prejudice to the discharge by Member States of their responsibilitiesMember States shall fulfill their duty incumbent upon them with regard to the maintenance of law and order and the safeguarding of internal security, Member States shall not in any particular case be obliged toby ensuring a timely and exhaustive supply of information in accordance with point (a) of paragraph 6 that would: (a) be contrary to the essential interests of the security of the Member State concerned; (b) jeopardise the success of an ongoing investigation or the safety of an individual; or (c) disclose information relating to organisations or. Information shall be supplied without undue delay. In exceptional cases and only once duly justified to Europol by the competent authority within the Member State concerned, the immediate transmission of information in accordance with point (a) of paragraph 6 can be suspended where it would: (a) be determined by the competent authorities of the concerned Member State that such an immediate transmission pose an immediate threat to the specific intelligence activities in the field of national security. However,urity of the Member State concerned; (b) be determined by the competent authorities of Member States sthallt supply information as soon as it ceases to fall within the scope of points (a), (b) or (c) of the first subparagraph.ch an immediate transmission will jeopardise the success of an ongoing investigation or the safety of individuals involved therein;
Amendment 246 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 261/2004
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
In Article 4(3) the following paragraph is inserted: ‘In the event of denied boarding because of a passenger’s PNR, reasons must always be provided by the competent authorities and given to the passenger denied boarding in writing;’
Amendment 248 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 261/2004
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
In Article 4(3) the following paragraph shall be inserted: Where a passenger who has already boarded is asked to leave the aircraft because of his/her passenger name record, disembarkation shall be carried out by the competent authorities and not by the members of the crew;
Amendment 266 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 261/2004
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
In Article 4(5), the following paragraph shall be inserted: 5a. Passengers shall be able to correct, free of charge, booking errors concerning their name, title, age, contact details and in-flight meal, but not their departure point or destination.
Amendment 439 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
In Article 11 the following paragraph shall be inserted: 3a. Flight crews shall be trained to help passengers who are disabled or who have reduced mobility, so as to make it easier for them to board and disembark from aircraft;
Amendment 440 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 261/2004
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
In Article 11 the following paragraph shall be inserted: 3a. An airline may not refuse boarding to a passenger with a disability or reduced mobility on the grounds that he/she is unaccompanied and may not insist on another person systematically accompanying him/her;
Amendment 461 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 261/2004
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
In Article 14, the following paragraph shall be inserted: 5a. Air carriers shall be required to provide accessible, effective telephone assistance for all passengers once a flight has been booked; this service shall provide information and alternative proposals in the event of disruption and shall in no circumstances exceed the cost of a local call;
Amendment 462 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 261/2004
Article 14 – paragraph 7 a (new)
Article 14 – paragraph 7 a (new)
In Article 14, the following paragraph shall be inserted: 7a. When a passenger is on the point of purchasing a ticket, the price indicated shall represent the exact amount of the final cost; any supplements for payment by credit card or additional fees charged by air carriers shall be clearly indicated from the commencement of the transaction;
Amendment 501 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 5 a (new)
Article 16a – paragraph 5 a (new)
In Article 16a, the following paragraph shall be inserted: 5a. Air carriers shall ensure that there is an immediate, simple, accessible way, at no extra cost, for passengers to lodge complaints in writing at the airport itself, online, by telephone or on the plane;
Amendment 524 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point
Article 2 – paragraph 1 – point
Regulation (EC) No 2027/97
Article 5
Article 5
Amendment 237 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 5 #
2012/2308(INI)
Motion for a resolution
Citation 4
Citation 4
Amendment 6 #
2012/2308(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 11 #
2012/2308(INI)
Motion for a resolution
Citation 10
Citation 10
Amendment 22 #
2012/2308(INI)
Draft opinion
Paragraph A e (new)
Paragraph A e (new)
Ae. having regard to Parliament’s Environmental Statement for 2010, issued in May 2011, and in particular pages 68 to 70;
Amendment 23 #
2012/2308(INI)
Draft opinion
Paragraph A f (new)
Paragraph A f (new)
Af. having regard to the document drawn up by Parliament’s Secretariat entitled ‘Replies and follow-up to the discharge for 2010’;
Amendment 36 #
2012/2308(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas on two occasions, in 1997 and 2012, the Court of Justice of the European Union pointed out that the fact that Parliament’s seat is in Strasbourg is determined by the TFEU; whereas it has also confirmed Protocol No 6 in clarifying the conditions for the application thereof; whereas it has fully acknowledged the power of Parliament to determine its own internal organisational arrangements, since Parliament may adopt appropriate measures to ensure its proper functioning and proper conduct of its proceedings, but the question of determining its seat does not come within that remit;
Amendment 39 #
2012/2308(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the seat of the European Parliament in Strasbourg was confirmed by the Edinburgh European Council in 1992 and the Amsterdam Treaty in 1997 and then incorporated in the Lisbon Treaty in 2009;
Amendment 42 #
2012/2308(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the increase in legislative activity and responsibility is reflected in the fact that the number of statutory staff in Brussels increased by 377 % (from 1 180 to 5 635 staff members) from 1993 to 2013, by far exceeding the 48 % increase in the number of MEPs in the same periodincrease in staff at Parliament’s three places of work;
Amendment 46 #
2012/2308(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas all the countries which have joined the European Union have ratified Protocol No 6;
Amendment 47 #
2012/2308(INI)
Motion for a resolution
Recital K
Recital K
Amendment 49 #
2012/2308(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the fact of geographical distance between the official seats of the co- legislative bodies – 435 km – isolates Parliament not only fromreflects the multi- centre principle with regard to the seats of the European institutions and, during part-sessions, the attention of the Council and the Commission, but also ofrom other stakeholders, such as NGOs, civil society organisations and Member State representations, and ofrom one of the world’s largest international journalistic communities, is fully focused on the work of Parliament;
Amendment 51 #
2012/2308(INI)
Motion for a resolution
Recital M
Recital M
Amendment 64 #
2012/2308(INI)
Motion for a resolution
Recital N
Recital N
Amendment 74 #
2012/2308(INI)
Motion for a resolution
Recital Q
Recital Q
Amendment 86 #
2012/2308(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 89 #
2012/2308(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Agrees with the principle that the European Parliament would be more effective, cost-efficient andConsiders efficiency, cost-effectiveness and the principle of respectful of for the environment if it were located in a single place; and notes that the continuation of the monthly migration between Brussels andnot to be connected with the place in which Parliament sits, but with its needs; points out that according to figures from the European Parliament’s services, the annual cost of Parliament’s seat in Strasbourg hwas become a symbolic negative issue amongst most EU citizens which is detrimental to Parliament’s reputationEUR 51.5 million in 2010, or 0.04% of the annual EU budget, which represents a cost of 10 cents per EU citizen per year, and hence considers the arguments on Parliament’s cost to be exaggerated;
Amendment 90 #
2012/2308(INI)
Draft opinion
Paragraph 2 – subparagraph 1 (new)
Paragraph 2 – subparagraph 1 (new)
emphasises that the gross cost of holding part-sessions in Strasbourg is EUR 7 445 000 per part-session, and that 80% of these costs are fixed and would be incurred irrespective of where the part-session is held, be they for equipment, publications or translation, etc.;
Amendment 94 #
2012/2308(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Respects the historical reasons for the location of its plenary sessions in Strasbourg and the Treaty requirements that necessitate the system of a single seat and three places of work;
Amendment 95 #
2012/2308(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises that European integration necessarily entails mobility and that this applies to all national and European political representatives and officials, and that mobility is an intrinsic aspect of the work of MEPs, as representatives of the citizens of the European Union;
Amendment 96 #
2012/2308(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Considers that decentralisation of the legislative authority away from Brussels strengthens its independence;
Amendment 97 #
2012/2308(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Considers that the choice of the EU institutions’ seats has always been guided by a desire to bring the Union as close to ordinary people as possible and not to concentrate it in one place;
Amendment 100 #
2012/2308(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Points to the environmental example set by the European Parliament’s seat in Strasbourg, which reduced its own CO2 emissions by 57% between 2006 and 2010, meaning that these now represent 3.6% of all Parliament’s CO2 emissions;
Amendment 101 #
2012/2308(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 102 #
2012/2308(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Adds that the carbon footprint for travel for committee, political group and delegation meetings, which increased by 23.8% between 2006 and 2010, is significantly larger (6 350 tonnes of CO2 in 2010) than that for Parliament’s seat in Strasbourg (4 199 tonnes of CO2 en 2010);
Amendment 106 #
2012/2308(INI)
Draft opinion
Paragraph 2 g (new)
Paragraph 2 g (new)
2g. Points out that holding part-sessions in Brussels rather than Strasbourg would result in a saving of EUR 1.5 million, as is specified in paragraph 28 - ‘Costs of using Strasbourg as the seat of the EP’ of the document drawn up by Parliament’s Secretariat entitled ‘Replies and Follow-up to the Discharge for 2010’;
Amendment 107 #
2012/2308(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recalls that the Court of Justice of the EU has held that Parliament, during the proceedings before the Court, did not adduce reasons based on the exercise of its power of internal organisation sufficient to show – despite the continuous increase in its powers – that it had the power to alter the timetable of part-sessions; stresses, therefore, that the European Parliament likewise does not now have the power to decide where its seat should be;
Amendment 120 #
2012/2308(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Observes that, if a debate were initiated concerning the seat of the European Parliament, it would inevitably lead to discussion of the distribution of all the seats of the European Institutions, which is laid down in the Treaty;
Amendment 154 #
2012/2308(INI)
Draft opinion
Paragraph 4 – point 1 (new)
Paragraph 4 – point 1 (new)
(1) Considers that the so-called petition No 0630/2006 is not in fact a petition because it does not meet the criteria for admissibility of petitions to Parliament under Rule 201 of its Rules of Procedure (formerly Rule 191(2)) inasmuch as it does not show the nationality and permanent address of each petitioner, and that, by implication, electronic signatures on a petition are not admissible and there can be no guarantee as to the real or virtual level of support for this initiative;
Amendment 16 #
2012/2296(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that the aim is to reinforce the competitiveness and performance of European automobile manufacturers, in particular regarding the increasing need for innovative solutions in the sector. Also emphasises that, in the context of global competitiveness, investment in research and innovation will contribute to growth and the creation of highly-skilled jobs in the European automobile sector.
Amendment 17 #
2012/2296(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Maintains that the automobile industry should be one of the main drivers of competitiveness and economic growth in Europe and reiterates that it is one of the EU’s key industrial strengths, playing as it does a central role in a number of global markets.
Amendment 19 #
2012/2296(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Reiterates that research and innovation in the automobile sector must allow major technological advances which will help to enhance the EU’s economic competitiveness and maintain its leading position in the global market, and that this will make a decisive contribution to the objectives of smart, sustainable and inclusive growth set out in the Europe 2020 strategy.
Amendment 20 #
2012/2296(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Reiterates that automobile sector employees are the first to suffer in a crisis and underlines the need to boost their further training in anticipation of developments in the sector and, where appropriate, to reinvest their skills and knowledge in other sectors.
Amendment 26 #
2012/2296(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the automobile industry must adapt to people’s changing mobility needs and to the requirements of a low- carbon society and that this can only be achieved by producing vehicles which are resource-efficient, clean, safe, environmentally sound and climate- friendly.
Amendment 28 #
2012/2296(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out that investment in research and development in the automobile sector must aim primarily to reduce the use of resources and greenhouse gas emissions but also to speed up the development and deployment of a new generation of low- or zero-emission vehicles such as electric and hybrid vehicles and associated infrastructure. This can be achieved in particular by technological developments to improve vehicle engines, batteries, weight and aerodynamics and also by the development of alternative and sustainable fuels.
Amendment 33 #
2012/2296(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises the need to strengthen the role and missions of the EIB in financing new industrial projects, in particular those concerned with major transport and alternative-fuels infrastructure.
Amendment 36 #
2012/2296(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Underlines the need for investment in the automobile industry to come from the private sector and urges the EU to this end to facilitate bank loans to European companies, especially SMEs.
Amendment 37 #
2012/2296(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Stresses that the renaissance of the automobile industry is dependent on a major financial boost and therefore calls for the aim of injecting 3% of GDP into R&D to be achieved.
Amendment 3 #
2012/2263(INI)
Motion for a resolution
Citation 10
Citation 10
Amendment 12 #
2012/2263(INI)
Motion for a resolution
Citation 14
Citation 14
– having regard to international instruments concerning the rights of children, particularly the United Nations Convention on the Rights of the Child, especially Article 3 thereof, and General Comment No 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin,
Amendment 22 #
2012/2263(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, pursuant to the Treaty on European Union and, the Charter of Fundamental Rights and the United Nations Convention on the Rights of the Child, the European Union has an obligation to protect the rights of children;
Amendment 23 #
2012/2263(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, pursuant to the Treaty on European Union and the Charter of Fundamental Rights, the European Union hasand its Member States have an obligation to protect the rights of children;
Amendment 29 #
2012/2263(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that an unaccompanied minor is above all a minor who is potentially in danger and that child protection, rather than immigration control, must be the major considerationleading principle for States and the European Union when dealing with them; (linguistic amendment on the English version)
Amendment 42 #
2012/2263(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls also that the overridingbest interests of the child, as enshrined in provisions and case- law, must take priority over any other consideration in any act taken with regard to them, whether by public authorities or by private institutions; calls on the Commission to propose a common reference framework, based on a set of indices, to assess what constitutes the overridingbest interests of a child; (linguistic amendment on the English version)
Amendment 43 #
2012/2263(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises the pressing need for the European Union and the Member States to come up with a coherent response to this problem which is consistent with the fundamental rights they recognise;
Amendment 47 #
2012/2263(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deplores the fragmentation of the European provisions concerning unaccompanied minors and; urges the Commission to compile a manual drawing together these various legal basesacts in order to facilitate the correct application by Member States; considers that EASO should be involved in compiling this manual;
Amendment 52 #
2012/2263(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the lack of reliable official data on unaccompanied minors; calls on the Member States and the European Union to establish a coordinated method for gathering information in each Member State, in accordance with the principle of the protection of personal data, by means of platforms bringing together all parties involved in the problem of unaccompanied minors, and to draw up a list of national contact points;
Amendment 55 #
2012/2263(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the lack of reliable official data on unaccompanied minors; calls on the Member States and the European Union to establish a coordinated method for gathering information in each Member State, by means of platforms bringing together all parties involved in the problem of unaccompanied minors and which are based on the existing tools available, such as Eurostat, Frontex, the European Asylum Support Office, the European Migration Network, etc., and to draw up a list of national contact points;
Amendment 63 #
2012/2263(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the European Union and Member States ought to step up their cooperation with third countries of origin and transit concerning the problem of unaccompanied minors, preventing their arrival, combating trafficking, irregular immigration, restoration of family ties, return and readmission, in the context of the regular dialogues conducted between the European Union and these States and the European External Action Service (EEAS);
Amendment 64 #
2012/2263(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the European Union and Member States ought to step up their cooperation with third countries of origin and transit concerning the problem of unaccompanied minors, preventing their arrival, combating trafficking, irregular immigration, forced marriages, restoration of family ties, return and readmission, in the context of the regular dialogues conducted between the European Union and these States and the European External Action Service (EEAS);
Amendment 70 #
2012/2263(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls the important role of civil society in the readmissions of unaccompanied minors in third countries; calls thus on Member States to increase cooperation also with local and international non governmental partners in the Country of origin in order to ensure safe returns for children.
Amendment 72 #
2012/2263(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that combating trafficking in human beings is a necessary first step, as minors are particularly confronted with the risks of trafficking and exploitation and because; underlines the importance of prevention by strengthening police and judiciary cooperation between Member States. Calls on the Member States to effectively implement Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims and Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children and child pornography; considers also that action should be taken in third countries to tackle the root causes of trafficking;
Amendment 112 #
2012/2263(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls onUrges Member States to comply strictly and without fail with the fundamental obligation never to place a minor in detention; (linguistic amendment on the English version)
Amendment 114 #
2012/2263(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that each Member State has a responsibility to identify unaccompanied minors; calls on Member States to direct them immediately to specialist services which must, on the one hand, assess the individual circumstances and needs of each minor and, on the other hand, provide them with all the information they need, in a language and form they can understand; (linguistic amendment on the English version)
Amendment 115 #
2012/2263(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that each Member State has a responsibility to identify unaccompanied minors; calls on Member States to direct them immediately to specialist services which must, on the one hand, assess the individual circumstances and needs of each minor, with particular attention being paid to children with specific protection needs, girls and victims of trafficking and organised crime, and, on the other hand, provide them with all the information they need, in a language and form they can understand;
Amendment 120 #
2012/2263(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Deplores the unsuitable and intrusive nature of the medical techniques used to ascertain agefor age assessment in some Member States; recommends that the Commission establish a common method for ascertaining ageto age assessment, consisting of a multidisciplinary assessment performed by independent, trained practitioners, and with minors always being given the benefit of the doubt; considers that it should be possible to appeal against the results of this assessment; welcomes the work of the European Asylum Support Office (EASO) on this subject, which should be taken as a basis for dealing with all minors; (linguistic amendment on the English version)
Amendment 132 #
2012/2263(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States, as soon as a minor arrives within their territory and until a lastingdurable solution has been found, to appoint a person responsible for accompanying, assisting and representing him in all procedures; calls furthermore for this person to have specific training in the problems associated with unaccompanied minors and to act completely independently; calls on the Commission to establish common standards concerning the mandate, functions, qualifications and skills of this person; (linguistic amendment on the English version)
Amendment 142 #
2012/2263(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Urges the Member States to provide all persons likely to come into contact with unaccompanied minors with appropriate specialist training in matters concerning children's rights and the protection of childhood, child psychology and behaviour, the right to asylum and immigration;
Amendment 150 #
2012/2263(INI)
Motion for a resolution
Paragraph 16 – indent 1
Paragraph 16 – indent 1
Amendment 191 #
2012/2263(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses firmly that the ultimate aim, once an unaccompanied minor has arrived in European territory, must be to seek an appropriate solution for him, which respects his best interests; recalls that efforts to achieve this must always begin with an examination of the possibilities of family reunification; calls on Member States to improve cooperation on family tracing and share best practices;
Amendment 198 #
2012/2263(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to propose a common reference framework outlining a series of conditions to be met before a minor can be returned, respecting the overridingbest interests of the child; reiterates in the strongest terms that no decision to return a minor may be taken if it endangers the minor's life, security or fundamental rights or those of his or her family, and that the individual circumstances of each minor must be taken into account; calls on Member States to establish monitoring arrangements to ensure the protection of minors after their return, in cooperation with countries of origin and transit; (linguistic amendment on the English version)
Amendment 200 #
2012/2263(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to propose a common reference framework outlining a series of conditions to be met before a minor can be returned, respecting the overriding interests of the child; reiterates in the strongest terms that no decision to return a minor may be taken if it endangers the minor's life, security or fundamental rights or those of his or her family, and that the individual circumstances of each minor must be taken into account; points out, also, that if no relative has been identified, a decision to return the child should be taken only where prior agreement has been reached on secure, specific and suitable care arrangements, including measures for the child’s reintegration in the country of origin; calls on Member States to establish monitoring arrangements to ensure the protection of minors after their return, in cooperation with countries of origin and transit;
Amendment 26 #
2012/2067(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is aware that there are structural differences within individual transport modes and that a single cross-cutting regulation on passenger rights as a whole cannot be drawn up at present, because the regulations on passenger rights in waterborne and bus and coach transport have not yet entered into force; believes, however, that a holistic approach is needed, so as to integrate all passenger rights – inter alia to compensation, reimbursement and information – into a common legislative framework;
Amendment 76 #
2012/2067(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that adequately staffed info points and help desks be set up at places of departure and arrival (airports, railway stations, bus terminals, and ports) and that both carriers and the operators of the above facilities with whom complaints can be lodged and who can take immediate decisions provide more comprehensive assistance to passengers in the event of massive travel disruption; , in particular with regard to assistance, reimbursement, rerouting, rebooking, and lost or delayed baggage,
Amendment 80 #
2012/2067(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Takes the view that all transport companies must provide accessible, effective telephone assistance for all passengers once a trip has been booked; this assistance must provide information and alternative proposals in the event of disruption and, in the case of air, maritime and rail transport, should in no circumstances exceed the cost of a local call;
Amendment 83 #
2012/2067(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to update all sources of information (Commission’s website, DG TREN’s website, documents, brochures) concerning passenger rights in the different transport modes, taking account of the latest legal decisions, particularly by the European Court of Justice;
Amendment 84 #
2012/2067(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on carriers and tour operators to make greater efforts to inform passengers more fully; considers that this information must be provided in time and be readily understandable, exact, complete and easily accessible by all in the language used for booking the ticket and throughout key stages of the journey, starting from when the passenger is considering whether to book a ticket;
Amendment 174 #
2012/2067(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Points out that Member States have an obligation to monitor the financial standing of airlines and have the possibility of withdrawing an airline’s operating licence if its finances are insufficient; urges the Commission to ensure that national authorities comply with these obligations and to ensure that stranded passengers can be repatriated in the event of insolvency, bankruptcy, cessation of operations or the withdrawal of an operating licence;
Amendment 183 #
2012/2067(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Considers that if luggage is lost, delayed or damaged, airlines must in the first instance compensate the passengers with whom they have concluded a contract but, at a later stage, airlines must have a right to seek redress from the airports or service providers when they are not necessarily responsible for any prejudice that has occurred;
Amendment 196 #
2012/2067(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Considers it essential to establish minimum standards for assisting people with disabilities and reduced mobility in all modes of transport so as to ensure a harmonised approach throughout the European Union;
Amendment 210 #
2012/2067(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Wishes to eliminate the abusive and/or discriminatory practices pursued by some carriers that require people with reduced mobility to be accompanied; emphasises that a carrier may not routinely require such passengers to be accompanied by another person;
Amendment 215 #
2012/2067(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Maintains that carriers must improve the quality of assistance to people with disabilities or reduced mobility and train their staff to be more aware of the needs of people in those categories, in order to make it easier for them to enter and exit different transport vehicles (plane, train, coach, etc.);
Amendment 50 #
2012/2056(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the eCall service should be free of charge, not optional and installed in all new vehicles;
Amendment 53 #
2012/2056(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Considers that the eCall service must be simple, affordable, operational and accessible to all across the European Union regardless of the vehicle and its location;
Amendment 54 #
2012/2056(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the positive effects of eCall, in terms not only of improving incident management but also ofand reducing congestion produced by accidents and avoiding secondary accidents, but particularly of speeding up the arrival of the emergency services and thus reducing fatalities and the severity of injuries resulting from road traffic accidents;
Amendment 116 #
2012/2056(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WelcomStresses the fact that the eCall system willmust not under any circumstances allow traceability of the vehicle, being a dormant system until an emergency call is triggered, in line with the recommendations of the Article 29 Working Party on Data Protection;
Amendment 117 #
2012/2056(INI)
Motion for a resolution
Paragraph 13 bis (new)
Paragraph 13 bis (new)
13a. Recalls that the eCall service has the priority objectives of improving incident management, reducing congestion caused by accidents, avoiding secondary accidents, speeding up the arrival of the emergency services and that data provided by the eCall service cannot be used in any way to monitor and study a person’s movements or determine his location unless that person has been involved in an accident;
Amendment 19 #
2012/0295(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Article 2 of the Treaty of the European Union underlines that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.
Amendment 21 #
2012/0295(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2 b) Article 6 of the Treaty of the European Union underlines that the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union.
Amendment 23 #
2012/0295(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Fund for European Aid to the Most Deprived (hereinafter the ‘Fund’) should strengthen social cohesion by contributing to the reduction of poverty in the Union by supporting, primarily through the provision of food supplies, national schemes that provide non-financial assistance to the most deprived persons to alleviate food deprivation, homelessness and material deprivation of children.
Amendment 26 #
2012/0295(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The Fund cannot replace public policies undertaken by Member State governments to limit the need for emergency food aid and to develop sustainable targets and policies for the full eradication of hunger, poverty and social exclusion.
Amendment 39 #
2012/0295(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) It is necessary to establish a maximum level of co-financing from the Fund to the operational programmes to provide for a multiplier effect of Union resoThe Member States most in need of the Fund are least likely to be able to afford to co-finance the measurces, while the situation of Member States facing temporary budget difficulties should be addressetherefore the Fund should be 100% funded by the Union in order to ensure the highest possible uptake of the Fund.
Amendment 43 #
2012/0295(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) All citizens in the European Union should be treated equally and yet levels of deprivation differ across Member States. The Commission should produce a report showing what percentage the European funds make up of national budgets for aid programmes for most deprived persons.
Amendment 44 #
2012/0295(COD)
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16 b) Much of the work undertaken by associations working with the provision of food to Europe's most deprived is undertaken by volunteers. Therefore, the process for applying to be a beneficiary of the Fund must not be prohibitively complicated.
Amendment 47 #
2012/0295(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) Member States and partner organisations should work actively with large and small scale companies throughout the food supply chain, in line with their corporate and social responsibility programmes, as well as economical incentives, to reduce food waste and to ensure this produce is made available to associations working with Europe's most deprived.
Amendment 75 #
2012/0295(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
The Fund shall be used to complement national strategies, not to replace or reduce national, long-term, sustainable poverty eradication and social inclusion programmes, which remain the responsibility of Member States.
Amendment 83 #
2012/0295(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Fund may support accompanying measures, primarily complementing the provision of food and goods, contributing to the social inclusion of the most deprived persons. It should also encourage collaboration with organisations which focus on the eradication of poverty and long-term social reintegration.
Amendment 99 #
2012/0295(COD)
Proposal for a regulation
Article 5 – paragraph 12 a (new)
Article 5 – paragraph 12 a (new)
(12 a) The Fund shall be used to complement national strategies, not to replace Member States' authorities' responsibilities, for eradicating poverty and social exclusion, notably through the provision of long-term, sustainable programmes aiming at social reintegration rather than alleviating immediate food deprivation and material needs.
Amendment 100 #
2012/0295(COD)
Proposal for a regulation
Article 5 – paragraph 12 b (new)
Article 5 – paragraph 12 b (new)
(12 b) Member States, and the bodies designated by them, shall build partnerships with companies throughout the food chain to create programmes allowing food companies to reduce waste and fulfil corporate and social responsability programmes, and for associations working with Europe's most deprived to gain access to food resources.
Amendment 105 #
2012/0295(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The global resources available for budgetary commitment from the Fund for the period 2014-2020 shall be EUR 23 500 000 000 at 2011 prices, in accordance with the annual breakdown set out in Annex II.
Amendment 136 #
2012/0295(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
This platform shall include encouraging an exchange between those working on immediate material deprivation alleviation and organisations working for longer- term, sustainable social reintegration, and looking at how links could be developed between these different objectives.
Amendment 166 #
Amendment 169 #
2012/0295(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The co-financing rate at the level of the operational programme shall not be higher than 85be 100% of the public eligible expenditure.
Amendment 174 #
2012/0295(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 178 #
2012/0295(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 43 #
2012/0186(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The European Commission has published guidelines setting out the main technical standards for cargo stowing, on the basis of vehicle and the cargo to be stowed, and calls for these guidelines to be updated
Amendment 87 #
2012/0186(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 105 #
2012/0186(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
When identifying vehicles to be subject to a roadside inspection, inspectors shall select as a priority vehicles operated by undertakings with a high-risk profile as referred to in Article 6(2)18. Other vehicles may be selected for inspection when there is a suspicion that the vehicle presents a risk to road safety.
Amendment 117 #
2012/0186(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
On the basis of the outcome of the initial inspection, the inspector may decide that the vehicle or its trailer shouldmust be subject to a more detailed roadside inspection.
Amendment 121 #
2012/0186(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – indent 4
Article 10 – paragraph 2 – subparagraph 2 – indent 4
– nuisance.: noise and exhaust fumes
Amendment 130 #
2012/0186(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where the inspections are to be carried out in a testing centre, the place of the initial roadside inspection shall not be fixed more than 10 km away from thisy must be carried as soon as possible out in the nearest centre.
Amendment 145 #
2012/0186(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point 1 (new)
Article 18 – paragraph 1 – point 1 (new)
Amendment 146 #
2012/0186(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 a (new)
Article 18 – paragraph 2 – subparagraph 2 a (new)
On the basis of the data collected and received by the contact point, Member States may, if they see fit, establish a risk rating system based on the number and severity of deficiencies identified using the criteria set out in Annex I. Undertakings shall be classified according to the following risk profile: - high risk, - medium risk; - low risk.
Amendment 147 #
2012/0186(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 b (new)
Article 18 – paragraph 2 – subparagraph 2 b (new)
With a view to implementing the roadside inspections risk rating system, Member States may use the risk rating system established in accordance with Article 9 of Directive 2006/22/EC of the European Parliament and the Council.
Amendment 389 #
2012/0011(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of protection should apply to any information concerning an identified or identifiable personnatural person, even after his or her death. To determine whether a person is identifiable, account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify the individual. The principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable.
Amendment 397 #
2012/0011(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The identification numbers issued by States should be regarded as personal data.
Amendment 416 #
2012/0011(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Medical consultations, the provision of healthcare, diagnoses and the provision of medical treatment all entail the collection and processing of personal data. A patient’s decision to seek medical care should be regarded as one giving explicit consent to the collection and processing of personal data.
Amendment 511 #
2012/0011(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
Amendment 574 #
2012/0011(COD)
Proposal for a regulation
Recital 77 a (new)
Recital 77 a (new)
(77a) With a view to the more effective mutual recognition of certificates concerning the storage of health data and the establishment of a European certification mechanism, the European Data Protection Committee should draw up, in cooperation with national supervisory authorities, guidelines and recommendations for the harmonisation of national health data storage certification systems.
Amendment 1219 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point h a (new)
Article 14 – paragraph 1 – point h a (new)
(ha) the rights and mechanisms which can be exercised or used in order to object to or prevent the processing of personal data and, in particular, the existence or otherwise of an opt-out list and its characteristics.
Amendment 1240 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point b a (new)
Article 14 – paragraph 4 – subparagraph 1 – point b a (new)
(ba) within a reasonable period after the data subject has reached the age of 18.
Amendment 1263 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point d a (new)
Article 14 – paragraph 5 – point d a (new)
(da) the data are collected for the purposes of historical, statistical or scientific research, in accordance with the provisions of Article 83, and the requirement to provide information laid down in paragraphs 1 to 4 proves impossible to comply with or would require disproportionate efforts in the light of the imperatives of the research in question, in particular in terms of the quantity of data processed and the public interest being pursued.
Amendment 2283 #
2012/0011(COD)
Proposal for a regulation
Article 36 – paragraph 3 bis (new)
Article 36 – paragraph 3 bis (new)
Amendment 2378 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 3 a (new)
Article 39 – paragraph 3 a (new)
3a. Member States and the Commission shall encourage the harmonisation of health data hosting certification and the creation of a European certification mechanism. The European Data Protection Board shall, in accordance with Article 66, establish guidelines and recommendations within a reasonable period with a view to the harmonisation within the Union of health data hosting certificates, promoting a high level of health data protection and ensuring the interoperability of certification mechanisms.
Amendment 2817 #
2012/0011(COD)
Proposal for a regulation
Article 76 – paragraph 5 a (new)
Article 76 – paragraph 5 a (new)
5a. Member States shall ensure that children enjoy the rights provided for in Articles 73 to 75. Should children be involved in the procedures provided for in Articles 73 to 75, Member States shall as far as possible provide specific guarantees, in particular as regards legal assistance.
Amendment 2982 #
2012/0011(COD)
Proposal for a regulation
Article 81 – paragraph 1 – point c
Article 81 – paragraph 1 – point c
(c) other reasons of public interest in areas such as social protection, especially in order to ensure the quality and cost- effectiveness of the procedures used for settling claims for benefits and services in the health insurance system, and in the context of tasks defined by the laws of the Member States in the area of social protection.
Amendment 3070 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 a (new)
Article 83 – paragraph 1 a (new)
1a. If the further processing of data for the purposes of historical, statistical or scientific research is consistent with a very significant public interest, and provided that the conditions and guarantees laid down in this article are complied with, it shall not be subject to the requirement laid down in Article 5(1)(b).
Amendment 202 #
2012/0010(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) Children deserve specific protection of their personal data, as they may be less aware of risks, consequences, safeguards and their rights in relation to the processing of personal data. To determine when an individual is a child, this Directive should take over the definition laid down by the UN Convention on the Rights of the Child. The particular nature of children must be taken into account in the data processing security safeguards, among other things. Particular attention must be paid to the accuracy of identification data concerning children, their continuing reliability over time and the period for which they are stored.
Amendment 209 #
2012/0010(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to exercise their rights, any information to the data subject should be easily accessible and easy to understand, including the use of clear and plain language. Data subjects who are children must be provided with information tailored to suit their ability to understand it. Personalised assistance may also be provided in addition to it.
Amendment 481 #
2012/0010(COD)
Proposal for a directive
Article 18 – paragraph 2 – point d a (new)
Article 18 – paragraph 2 – point d a (new)
(da) drawing up and implementing specific safeguards in respect of the treatment of personal data relating to children, where appropriate.
Amendment 661 #
2012/0010(COD)
Proposal for a directive
Article 53 – paragraph 3 a (new)
Article 53 – paragraph 3 a (new)
3a. The Member States shall ensure that children enjoy the rights stipulated in Articles 50 to 52. In the event that children are involved in the procedures stipulated in Articles 50 to 52, the Member States shall provide for specific safeguards, in particular with regard to legal aid.
Amendment 49 #
2011/2150(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that all airlines must provide accessible, effective telephone assistance for all passengers once a flight has been booked; this assistance must provide information and alternative proposals in the event of disruption and should in no circumstances exceed the cost of a local call;
Amendment 60 #
2011/2150(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that passengers should have the right to be informed about the ‘Passenger Name Record’ (PNR) kept on them by the air carrier; stresses that passengers should not be denied boarding on the basis of their PNR, except if they are suspected of terrorist crimes and the carrier is required by the competent authorities or the security or police services to impose this ban;
Amendment 64 #
2011/2150(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that, in the event of denied boarding because of a passenger’s PNR, reasons must always be provided by the competent authorities and given to the passenger denied boarding in writing;
Amendment 66 #
2011/2150(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasises that, if a passenger who has already boarded is asked to leave the aircraft because of his PNR, disembarkation must be carried out by the competent authorities and not by the members of the crew;
Amendment 90 #
2011/2150(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that passengers must be able to correct booking errors concerning for example their name, title, age, address and their in-flight meal, free of charge, but in no circumstances their departure point or destination;
Amendment 112 #
2011/2150(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to incorporate the European Court of Justice’s interpretations of various definitions and terms, in particular the notion of ‘extraordinary circumstances’ and ‘cancellation’, and rules for compensation, in any upcoming revision of the Regulation;
Amendment 123 #
2011/2150(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to update all sources of information (Commission’s website, DG TREN’s website, documents, brochures) that set out the rights of airline passengers, taking account of the latest decisions by the European Court of Justice;
Amendment 134 #
2011/2150(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that passengers whose luggage has been lost or delayed should enjoy equivalent rights, in terms of compensation and assistance, to passengers who have been delayed themselvescompensation proportionate to the damage suffered;
Amendment 140 #
2011/2150(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that, if luggage is delayed by more than six hours, compensation should be offered that is proportionate to the passenger’s needs so he has the items that he needs while he is waiting for his luggage to arrive;
Amendment 149 #
2011/2150(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Is of the opinion that more balanced burden-sharing should be put into effect between air carriers, airports and other service providers concerned, together with better cooperation and effective coordination between all parties in the industry, notably in extraordinary circumstances, should be explored;
Amendment 154 #
2011/2150(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers that, in the event of the loss, delay or damage to luggage, the airlines must in the first instance compensate the passengers with whom they have concluded a contract but, at a later stage, airlines must have a right to seek redress from the airports or service providers when they are not necessarily responsible for any prejudice that has occurred;
Amendment 180 #
2011/2150(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Points out that, although flight security is of major public interest, an airline cannot deny boarding to a disabled passenger or a passenger with reduced mobility on the pretext that he is unaccompanied; emphasises that the airline cannot routinely require such passengers to be accompanied by another person;
Amendment 181 #
2011/2150(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Stresses the need to train flight crews to help passengers who are disabled or who have reduced mobility, so as to make it easier for them to board and disembark from aircraft;
Amendment 40 #
2011/2096(INI)
Motion for a resolution
Paragraph 1 – indent 1
Paragraph 1 – indent 1
– that, by 2013, the Commission should make specific proposals, on the basis of the report on European road safety 2011-2020, to reduce the number of deaths and severe injuries on the roads by 50% in relation to 2010, in particular by ensuring coherent harmonisation of road signs and road traffic rules by 2013 in the EU, including cross-border penalties, blood alcohol levels and speed limits in built-up areas;
Amendment 91 #
2011/2096(INI)
Motion for a resolution
Paragraph 3 bis (new)
Paragraph 3 bis (new)
3 bis. Stresses that, with regard to the economic situation, it is vital to implement truly European management of the transport infrastructures in order to make the European Union more competitive and attractive;
Amendment 132 #
2011/2096(INI)
Motion for a resolution
Paragraph 5 – indent 1
Paragraph 5 – indent 1
– Member States shouldmust commit themselves to eliminate the 25 known bottlenecks in the European transport area by 2020, to prioritise cross-border projects and to submit an approved funding plan by 2015;
Amendment 137 #
2011/2096(INI)
Motion for a resolution
Paragraph 5 – indent 2
Paragraph 5 – indent 2
– the Commission shouldmust commit itself to propose to Member States that its direct funding for such projects should amount to at least 30% of total investments in coordination with regional policy;
Amendment 143 #
2011/2096(INI)
Motion for a resolution
Paragraph 5 – indent 3
Paragraph 5 – indent 3
– the Commission shouldmust commit itself to support alternative funding models and instruments, including project bonds, and to provide for increased use of that revenue to fund TEN-T projects when making proposals to internalise external costs;
Amendment 147 #
2011/2096(INI)
Motion for a resolution
Paragraph 5 – indent 4
Paragraph 5 – indent 4
– the definition of priorities shouldmust be seen in close connection with the conditions for using regional structural funds and the Member States shouldmust be obliged to guarantee funding for these projects beyond the end of the EU’s multi-annual programmes;
Amendment 153 #
2011/2096(INI)
Motion for a resolution
Paragraph 5 – indent 5
Paragraph 5 – indent 5
– project priorities shcould only be maintained after 2015 if the Member States have taken binding decisions which ensure the implementation of the projects;
Amendment 180 #
2011/2096(INI)
Motion for a resolution
Paragraph 7 bis (new)
Paragraph 7 bis (new)
7 bis. Stresses the fact that the Commission must have a global and coherent strategy on renewable energy, taking account of manufacture, supply and usage; points out that the transport sector is just a link in a chain and can only use the energy made available to it;
Amendment 223 #
2011/2096(INI)
Motion for a resolution
Paragraph 11 – introductory part
Paragraph 11 – introductory part
11. Calls for a research and developStresses that the EU must remain at the forefront of technological innovation in the field of transport, not only to menet programme which is specifically aimed at mobility to be established and financially supported, with its environmental objectives but also to enable the EU to continue to be a leading centre of production and research for all modes of transport, and to revitalise economic growthe aim ofnd job creation, and calls for:
Amendment 224 #
2011/2096(INI)
Motion for a resolution
Paragraph 11 – indent 1
Paragraph 11 – indent 1
Amendment 226 #
2011/2096(INI)
Motion for a resolution
Paragraph 11 – indent 1 bis (new)
Paragraph 11 – indent 1 bis (new)
- a research and development programme to be implemented and given financial support;
Amendment 230 #
2011/2096(INI)
Motion for a resolution
Paragraph 11 – indent 2
Paragraph 11 – indent 2
– creating intelligent, interoperational and linked systems for transport guidance,providing at least 10% of the EU research and development fund for the development of intelligent and environmentally friendly systems and thus supporting SESAR, Galileo, ERTMS, PIDS, SafeSeaNet, LRIT uand ITS and providing the required funding;
Amendment 21 #
2011/2052(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the most vulnerable groups have been those most severely affected by the financial, economic and social crisis and the associated austerity measures,
Amendment 39 #
2011/2052(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas 17% of the EU population live below the poverty threshold, and 8% of Europeans live in conditions of severe material deprivation and are thus unable to afford even the most basic necessities which the observance of human rights would demand,
Amendment 58 #
2011/2052(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas poverty can be classed as a violation of human rights and is thus proof of the effort still needed to achieve the aims set out in Article 3(3) of the Treaty on European Union,
Amendment A #
2011/2052(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Ccalls on the Commission to involve civil society at national and European level and to make discussions with people living in poverty a formal part of the annual convention on povertyboost the involvement in the development of a European strategy at all levels of governance (European, national, regional and local) of organised civil society and of all stakeholders, such as NGOs, social economy organisations, service providers, experts in social innovation and the social partners, as well as people living in poverty themselves, in partnership with the associations in which they freely express their opinions and which have acquired experience and knowledge, particularly through the development of national platforms against poverty and social exclusion in each Member State; calls on the Commission to enhance cooperation between local, regional and national authorities and European Institutions, particularly the European Parliament; believes that the synergies should concern all stakeholders, including SMEs and entrepreneurs; calls for discussions with people living in poverty and social exclusion to be institutionalised, and to be extended at national level, and for their participation and contribution to be made a formal and central part of the annual convention on poverty and social exclusion, and calls for appropriate and regular follow-up of the recommendations so developed;
Amendment B #
2011/2052(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls for poverty awareness seminars to be organised in the European institutions and Member State governments by organisations which have specific experience of combating poverty and for experiments in joint training on social and exclusion issues to be made, bringing together European officials and people with hands-on experience of combating poverty;
Amendment C #
2011/2052(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls for regular, critical monitoring ofthe establishment of a regular, critical evaluation mechanism, involving the European Parliament, the Committee of the Regions and the European Economic and Social Committee, based on precise indicators at national and European level, by which the multiple dimensions of poverty can be evaluated and the Member States’ progress, by gender and age, towards achieving the poverty reduction target, and towards breaking this target down into sub-targets, can be measured, in view of the fact that the lack of a precise definition of poverty leaves too much leeway for the Member States, to break this target down into sub-targets; hus risking aberrant interpretations; calls on the Commission to improve national and European indicators relating to the comparability of national statistics on the poverty of vulnerable people and to promote, with Eurostat, the production of more precise statistics within a comprehensive scoreboard on poverty and social exclusion by means of which it will be possible to track the number of people below the 50% and 40% levels of median income and on this basis to conduct an annual evaluation of the situations of poverty in the EU, the statistical approach of which should be supplemented by a qualitative and participatory approach; calls on the Commission to ensure the policies implemented are beneficial to all and not just to those close to the poverty threshold;
Amendment R #
2011/2052(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to initiate a horizontal anti-discrimination directive with a view to further eradicating discrimination; Urges the Member States to agree and adopt as soon as possible the proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426); calls on the Commission to continue to support the overcoming of technical difficulties within the Council in order to ensure a swift agreement is reached, and to close gaps in the existing anti-discrimination legislation which is currently not covering all relevant aspects, with a view to further eradicating discrimination, including social discrimination; Note: A citation referring to the Kosa report will be added by oral amendment.
Amendment Z #
2011/2052(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the most vulnerable groups have been those most severely affected by the crisis and the associated austerity measures, 116 million people in the European Union are at risk of poverty and 42 million (i.e. 8%) live ‘in conditions of severe material deprivation and can not afford a number of necessities considered essential in order to live a decent life in Europe’1; whereas poverty is the unacceptable reflection of an uneven distribution of wealth, income and resources in a prosperous European economy; whereas the most vulnerable groups, such as the elderly and disabled people, have been those most severely affected by the financial, economic and social crisis and the austerity measures currently being taken in the EU in the context of the ‘Euro Plus Pact’ and the ‘governance package’, which could worsen the situation for these groups and put at risk of unemployment, economic insecurity or poverty millions of people who were still managing to live on, and meet their basic needs from, their wages or retirement pension, notably as a result of cuts in public service and social assistance budgets; whereas applying tougher conditions and penalties in social activation policies in response to the crisis aggravates the difficulties faced by the most vulnerable people at a time when few decent jobs are on offer; whereas the gap between rich and poor is getting ever wider as the crisis continues; __________________ 1 European Platform against Poverty and Social Exclusion (COM(2010)758 final).
Amendment 115 #
2011/2052(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas family policies are an essential part of policies to address poverty and social exclusion ,
Amendment 142 #
2011/2052(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to involve civil society, in particular NGOs, social economy organisations and the social partners, at national and European level and to make discussions with people living in poverty a formal part of the annual convention on poverty; believes that the synergies should concern all stakeholders, including SMEs and entrepreneurs;
Amendment 156 #
2011/2052(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls for poverty awareness seminars to be organised in the European institutions and Member State governments by organisations which have specific experience of combating poverty;
Amendment 162 #
2011/2052(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls for regular, critical monitoring of, based on precise indicators at national and European level, by which the multiple dimensions of poverty can be evaluated and the Member States’ progress towards achieving the poverty reduction target can be measured, and for the Member States to break this target down into sub-targets; calls on the Commission to promote, with Eurostat, the production of more precise and more regular statistics and on this basis to conduct an annual evaluation of the situations of poverty in the EU;
Amendment 213 #
2011/2052(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for the Platform to be geared towards asserting the rights which enable everyone to live in dignity, particularly in the field of employment, housing, health care, social security and adequate living standards, justice, education, training and culture, and the protection of families and children;
Amendment 307 #
2011/2052(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to initiate a horizontal anti-discrimination directive with a view to further eradicating discrimination, including social discrimination;
Amendment 392 #
2011/2052(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls for the establishment of a mechanism to assess the work of the European Platform Against Poverty and Social Exclusion on a regular basis in order to improve the Platform’s work and effectiveness;
Amendment 68 #
2011/0401(COD)
Proposal for a regulation
Annex I – section 3 – point 4 – point 4.2 – paragraph 4
Annex I – section 3 – point 4 – point 4.2 – paragraph 4
Business-as-usual is therefore not an option. Research and innovation, driven by policy objectives and focused on the key challenges, shall contribute substantially to achieve the Union's targets of limiting global temperature increase to 2ºC, cutting 60 % of CO2 emissions from transport, drastically reduce congestion and accident costs, and virtually. In order to achieve these objectives by 2050, it is necessary to formulate more specific and concrete provisions for the period up to 2020. First and foremost this requires ambitious cuts in CO2 and other greenhouse gas emissions from transport (from 2009 levels).These emission cuts will be determined according to each transport mode with a view to achieving the 20-20-20 targets. Research and innovation must also result in the internalisation of external costs by 2020, drastically reduce congestion and accident costs, and seek with determination to resolve road safety problems with a view to eradicating European road deaths by 2050.
Amendment 75 #
2011/0401(COD)
Proposal for a regulation
Annex I – section 3 – point 4 – point 4.2 – paragraph 8
Annex I – section 3 – point 4 – point 4.2 – paragraph 8
Investing in research and innovation for a greener, smarter and more integrated transport system will make an important contribution to the Europe 2020 goals of smart, sustainable and inclusive growth and the objectives of the Innovation Union flagship initiative. The activities will support the implementation of the White Paper on Transport aiming at a Single European Transport Area. They will also contribuparticipate toin the policy goals outlined in the flagship initiatives on 'Resource Efficient Europe', 'An Industrial Policy for the Globalisation Era' and 'A Digital Agenda for Europe'. Measures will also be taken to ensure cohesion with other parts of these programmes, in particular through the setting up of a Knowledge and Innovation Community for urban mobility and smart cities.
Amendment 78 #
2011/0401(COD)
Proposal for a regulation
Annex I – section 3 – point 4 – point 4.3 – point a – paragraph 1
Annex I – section 3 – point 4 – point 4.3 – point a – paragraph 1
The aim is to minimise transport's impact on climate and the environment and also on public health by improving its efficiency in the use of natural resources, and by reducing its dependence on fossil fuels and diversifying energy sources.
Amendment 85 #
2011/0401(COD)
Proposal for a regulation
Annex I – section 3 – point 4 – point 4.3 – point a – paragraph 2 a (new)
Annex I – section 3 – point 4 – point 4.3 – point a – paragraph 2 a (new)
Finally, it has been proven over many years that motor vehicle emissions have an impact on public health. Consequently, reducing particulate emissions must continue to be one of the European Union’s priority objectives in the field of transport. To this end, it is essential to pursue this policy, focusing in particular on the development of alternative fuels. It is also essential to invest in innovative solutions to reduce noise pollution and vibrations. The development of alternative fuels and innovatory solutions to cut noise pollution and vibrations will help limit harmful emissions and improve the well- being of the community.
Amendment 97 #
2011/0401(COD)
Proposal for a regulation
Annex I – section 3 – point 4 – point 4.3 – point c – paragraph 2
Annex I – section 3 – point 4 – point 4.3 – point c – paragraph 2
The focus of activities shall be to develop the nextw generation of innovative transport means and to prepare the ground for the following one, by working on novel concepts and designs,work on novel concepts and designs, with a view to developing the following one. It will also be necessary to develop smart control systems and, interoperable standards, efficient production processes,smart intermodal infrastructures and efficient production and recycling processes and achieve shorter development times and reduced lifecycle costs.
Amendment 45 #
2011/0369(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Stockholm Programme reaffirms the priority of developing an area of freedom, security and justice and specifies within its political priorities the achievement of a Europe of law and justice. Financing is identified as one of the important tools for the successful implementation of the Stockholm Programme's political priorities. The ambitious goals set by the Treaties and by the Stockholm programme should be realised by establishing a flexible and effective programme which will facilitate planning and implementation.
Amendment 49 #
2011/0369(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The simplification of this programme's structure should not lead to a decrease in available financial resources compared to previous programmes in 2007-2013.
Amendment 61 #
2011/0369(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Commission Communications ‘The EU Budget Review’ and ‘A budget for Europe 2020’ also underline the importance of focusing funding on activities with clear European added value, i.e. where the Union intervention can bring additional value compared to action of Member States alone. Actions covered by this Regulation should contribute to the creation of a European area of justice by promoting the principle of mutual recognition, developing mutual trust between the Member States, increasing cross-border cooperation and networking and developing e-justice and achieving correct, coherent and consistent application of Union law. Funding activities should also contribute to achieving effective and better knowledge of Union law and policies by all those concerned, and provide a sound analytical basis for the support and the development of Union legislation and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.
Amendment 65 #
2011/0369(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
Amendment 66 #
2011/0369(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) The Commission should ensure that it publishes information on calls for projects or proposals at a sufficiently early stage. The provision of identical forms from one year to the next and for various calls should be encouraged.
Amendment 67 #
2011/0369(COD)
Proposal for a regulation
Recital 9 c (new)
Recital 9 c (new)
Amendment 68 #
2011/0369(COD)
Proposal for a regulation
Recital 9 d (new)
Recital 9 d (new)
(9d) The Commission should ensure an equitable geographic distribution of the projects funded under this programme and encourage the development of projects in Member States where few projects are run.
Amendment 69 #
2011/0369(COD)
Proposal for a regulation
Recital 9 e (new)
Recital 9 e (new)
(9e) The website of the Commission's DG Justice and the web pages devoted to Justice programme should be improved to ensure better visibility for the programme, these goals, the various calls for projects or proposals and time schedules.
Amendment 70 #
2011/0369(COD)
Proposal for a regulation
Recital 9 f (new)
Recital 9 f (new)
(9f) Any beneficiary of co-funding under this programme should mention this financial support by information and publicity measures in order clearly to draw attention to the Union's intervention.
Amendment 73 #
2011/0369(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) In accordance with the Charter of Fundamental Rights of the European Union and the 1989 United Nations Convention on the Rights of the Child, special regard should be paid to children and children's rights. The Programme established by this Regulation should aim, in particular, to increase child protection within justice systems and access to justice for children, to strengthen components of national child protection systems and to foster coordination mechanisms. Such actions may include, in particular, the training of professionals involved in the administration of juvenile justice and justice systems including those pertaining to migration and asylum matters, research into, and the collection of data on, children involved in judicial proceedings, cross-border cooperation in relation to cases involving the sexual exploitation and/or trafficking of children.
Amendment 84 #
2011/0369(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) to improve mutual knowledge of the civil and criminal law and legal systems of Member States;
Amendment 85 #
2011/0369(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) to promote networking, mutual cooperation and the exchange and dissemination of information, experience and good practice between the judicial and administrative authorities and the legal professions, particularly through the development of e- justice;
Amendment 90 #
2011/0369(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 (a) As part of the implementation of the actions set out in Article 6, the programme shall aim, in all its activities, to strengthen the rights of children in the field of justice.
Amendment 98 #
2011/0369(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
c) promoting transnational cooperation, as a matter of priority in cross-border regions, and building up of mutual knowledge and mutual trust;
Amendment 105 #
2011/0369(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) support for main actors, such as support for Member States when implementing Union law and policies; support for key European level networks whose activities are linked to the implementation of the objectives of the Programme; support for NGOs whose activities are linked to implementing the goals of the programme; networking among specialised bodies and organisations, national, regional and local authorities at European level; funding of experts' networks; funding of European level observatories.
Amendment 111 #
2011/0369(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Annual work programmes 1. The Commission shall be authorised to adopt delegated acts in accordance with Article 8b in the form of annual work programmes drawn up in accordance with the Financial Regulation and establishing in particular: a) the priorities and actions to be taken each year, including the indicative distribution of financial resources; b) the details of the eligibility criteria for beneficiaries; c) the main selection and award criteria for selecting proposals to receive a financial contribution. 2. The Commission shall implement the annual work programmes by setting the timetable for the calls for tenders and calls for proposals that are planned. 3. The Commission shall involve local and regional authorities in drawing up, developing and implementing the annual programmes. 4. The measures referred to in paragraph 2 shall be adopted in accordance with the advisory procedure referred to in Article 10, paragraph 2.
Amendment 451 #
2011/0281(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should provide for the possibility of disposal of products bought in public intervention. Such measures should be taken in a way that avoids market disturbances and that, ensures equal access to goods and equal treatment of purchasers and enables produce to be made available for the scheme for food distribution to the most deprived in the Union.
Amendment 456 #
2011/0281(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure that private storage has the desired effect on the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of measures for reducing the amount of aid to be paid where the quantity stored is lower than the contracted quantity; and conditions for granting of an advance payment and conditions for re-marketing and disposal of products including making them available for the scheme for food distribution to the most deprived in the Union.
Amendment 733 #
2011/0281(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Products may be disposed of by making them available for the scheme for food distribution to the most deprived in the Union set out in Regulation (EU) No […] if that scheme so provides. In that case, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 14(2).
Amendment 877 #
2011/0281(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point i
Article 19 – paragraph 1 – point i
(i) the conditions according to which it may be decided that products covered by private storage contracts may be re- marketed or disposed of, disposed of or made available for the scheme for food distribution to the most deprived in the Union set out in Regulation (EU) No [...];
Amendment 52 #
2011/0217(COD)
Proposal for a decision
Recital 1 a (new)
Recital 1 a (new)
(1a) The Treaty of Maastricht (1992) introduced the concept of ‘citizenship of the Union’, conferring on every citizen of the Union the right to move and reside freely within the territory of the Union, the right to vote and to stand as a candidate at municipal elections and in elections to the European Parliament in the Member State in which he or she resides, protection by the diplomatic or consular authorities of any Member State, the right to petition the European Parliament and to apply to the European Ombudsman, as well as a series of rights in various fields such as the free movement of goods and services, consumer protection and public health, equal opportunities and equal treatment, access to employment and to social protection. The Treaty of Amsterdam (1997) further strengthened the rights associated with Union citizenship.
Amendment 56 #
2011/0217(COD)
Proposal for a decision
Recital 3
Recital 3
(3) The rights inherent to citizenship of the Union are incorporated in the Charter of Fundamental Rights of the European Union. According to the Charter's Preamble, the Union ‘is founded on the indivisible and universal values of human dignity, freedom, equality and solidarity (...) contributes to the preservation and to the development of these common values’ and 'places the individual at the heart of its activities, by establishing athe citizenship of the Union and by creating an area of freedom, security and justice'. Chapter V of the Charter sets down "Citizens' rights", including, in its Article 45, the right of every citizen of the Union to move and reside freely within the territory of the Member States.
Amendment 66 #
2011/0217(COD)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5a) Citizenship of the Union is not limited to exercising the right to free movement and residence in another Member State. The Union confers a broad range of rights which all citizens should be able to know and exercise freely. Citizens should be given information on all means of redress should their rights not be respected.
Amendment 72 #
2011/0217(COD)
Proposal for a decision
Recital 6 a (new)
Recital 6 a (new)
(6a) The right to free movement and residence should be upheld in each Member State, without any discrimination of any kind, as laid down by Article 21 in conjunction with Article 45 of the Charter of Fundamental Rights.
Amendment 73 #
2011/0217(COD)
Proposal for a decision
Recital 7
Recital 7
(7) In particular, free movement and workers' mobility help addressing the consequences of demographic change on the labour market, while also increasing the employability of people and improving the competitiveness of European industries. At the same time, free movement either enables, as an essential condition, or stimulates the exercise by citizens of a broad range of rights available to them under Union law, such as their rights as consumers to access goods and services or their rights as passengers and tourists or their rights as a person subject to the law. Facilitating free movement has therefore the potential to enhance citizens' possibilities to fully benefit from the single market, whilst being a key driver for growth.
Amendment 77 #
2011/0217(COD)
Proposal for a decision
Recital 9
Recital 9
(9) Despite the fact that the right to free movement and residence is firmly anchored in primary Union law and substantially developed in secondary law, a gap still remains between the applicable legal rules and the reality confronting citizens when they seek to exercise this right in practice. Aside from an uncertainty over the advantages of being mobile, Union citizens perceive too many practical obstacles with regard to living and working elsewhere in the Unionoften encounter difficulties linked to their nationality, social or marital status or citizenship – in spite of the provisions of EU law – suffer discrimination outlawed under Article 21 of the Charter of Fundamental Rights and perceive too many practical obstacles with regard to living and working elsewhere in the Union. The Member States must eradicate all discrimination and remove all remaining legal and administrative obstacles to the full and unimpeded exercise of EU citizenship.
Amendment 91 #
2011/0217(COD)
Proposal for a decision
Recital 12a (new)
Recital 12a (new)
(12a.) To facilitate the free exercise of these rights, information centres, with transparent and easily accessible websites, should be set up, particularly in cross- border regions. The European public, particularly citizens in cross-border regions, should also be made aware of the job prospects and work mobility opportunities offered by the European Job Mobility Portal and the EURES network.
Amendment 92 #
2011/0217(COD)
Proposal for a decision
Recital 12b (new)
Recital 12b (new)
(12b.) All the existing websites set up by the Commission to inform citizens must be simplified to make them more accessible and to facilitate mobility for citizens. The Commission should take steps to ensure that all of these information sources are multilingual in nature.
Amendment 98 #
2011/0217(COD)
Proposal for a decision
Recital 14 a (new)
Recital 14 a (new)
(14a.) In this context, efforts should also be made to better inform the public, as citizens subject to trial, of their rights, in connection with the Stockholm programme and the establishment of a European area of justice. They should thereby gain a better understanding of the legal system and how to use it, the right to information in legal proceedings and the right to a legal defence, so as to ensure that they may exercise their rights throughout the Union. They should also be made aware of their rights in the event of cross-border legal disputes, particularly binational divorce.
Amendment 99 #
2011/0217(COD)
Proposal for a decision
Recital 14 b (new)
Recital 14 b (new)
(14b.) EU citizens should thus be made aware of the European E-justice Portal, which provides information of legal systems and how to use them in all Member States, in the 22 official languages.
Amendment 101 #
2011/0217(COD)
Proposal for a decision
Recital 15
Recital 15
(15) AwarenessKnowledge of the electoral rights guaranteed to Union citizens is of primary importance in this respect. Union citizens should be fully aware of their right to vote and stand as candidates in the municipal and European Parliament elections in their Member State of residence. At the same time, political participation can contribute to the integration of Union citizens into the society of their chosen Member States of residence.
Amendment 105 #
2011/0217(COD)
Proposal for a decision
Recital 16a (new)
Recital 16a (new)
(16a.) With a view to fostering a sense of belonging to the Union amongst its citizens, and to making them more mobile, it is essential to strengthen initiatives designed to facilitate meetings and exchanges between them and to promote dialogue and mutual understanding, particularly mobility programmes such as the European Lifelong Learning programme, the ‘Europe for Citizens’ programme and the ‘Youth on the Move’ initiative, and to raise public awareness of them.
Amendment 108 #
2011/0217(COD)
Proposal for a decision
Recital 17
Recital 17
(17) A European Year of Citizens in 2013 will provide a very timely opportunity to raise the awareness of the general public about the rights attached to Union citizenship and thus to contribute to the objective of facilitating the exercise of the right to free movement, facilitating the exercise of the right to free movement, strengthening European cohesion and reinforcing the sense of belonging to the Union.
Amendment 112 #
2011/0217(COD)
Proposal for a decision
Recital 19a (new)
Recital 19a (new)
(19a.) As part of the European Year of Citizens, the Commission and the Member States undertake to improve the quality of information on the Union, particularly that provided via the media, and promote media programmes concerning the Union and EU citizenship and the attendant rights.
Amendment 113 #
2011/0217(COD)
Proposal for a decision
Recital 22
Recital 22
(22) The primary responsibility for raising citizens' awareness of their rights as Union citizens rests with Member States, at national, regional and local level; action at Union level complements and supplements national actions in this respect, as highlighted in the political declaration ‘Communicating Europe in Partnership’ signed on 22 October 2008 by the European Parliament, the Council and the Commission.
Amendment 115 #
2011/0217(COD)
Proposal for a decision
Recital 25
Recital 25
(25) Union funding for other activities than those funded under the budget of the European Year may be given through existing Union programmes or the Structural Funds, in particular the ‘Europe for Citizens’ programme and the ‘Fundamental Rights and Citizenship’ programme, the ‘Lifelong Learning’ programme, the ‘Youth on the Move’ initiative and the ‘MEDIA’ programme,
Amendment 128 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 2 – indent 3
Article 2 – paragraph 2 – indent 3
– to stimulate a debate about the significance, impact and potential benefit of Union citizenship, as well as the impact and potential of the right to free movement, as an inalienable aspect of Union citizenship, in particular in terms of strengthening societal cohesion and mutual understanding between Union citizens and the bond between citizens and the Union.
Amendment 135 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
– information, education and awareness raising campaigns targeted at the general public and more specific audiences, in collaboration with local, regional and national authorities, non-governmental associations and bodies and civil society organisations;
Amendment 140 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 3
Article 3 – paragraph 1 – indent 3
– conferences, campaigns and events to promote debate and raise awareness of the importance and benefits of the right to free movement and residence and more generally citizens' rights as Union citizens, particularly among young people, by means of youth mobility information campaigns at schools and universities and on the internet;
Amendment 147 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 4 a (new)
Article 3 – paragraph 1 – indent 4 a (new)
– development and improvement of objective information for the general public, to be circulated widely in the Member States, concerning the Union, the Union institutions and their activities and Union citizenship, for example by a significant increase in contacts with the media at national, local and regional level, in order to establish more direct links between the citizens and institutions of the Union;
Amendment 148 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 5
Article 3 – paragraph 1 – indent 5
– significant strengthening of the role and visibility of the multilingualCommission, European Parliament, Europe Direct and Your Europe multilingual web portal as key elements of a 'one-stop-shop' information system on Union citizens' rights, while respecting the principle of multilingualism;
Amendment 150 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 6 a (new)
Article 3 – paragraph 1 – indent 6 a (new)
– significant consolidation of the role of the EURES network for the free movement of workers in the European Economic Area and updating of its website with a view to simplifying and increasing the utilisation thereof and heightening its visibility;
Amendment 151 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 6 b (new)
Article 3 – paragraph 1 – indent 6 b (new)
– the introduction of a European Day of Citizens to strengthen European cohesion and awareness of belonging to the Union.
Amendment 153 #
2011/0217(COD)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission shall cooperate closely with Member States, the national parliaments, the local and regional authorities and bodies and associations which represent local and regional interests, in particular the Committee of Regions.
Amendment 160 #
2011/0217(COD)
Proposal for a decision
Article 4 a (new)
Article 4 a (new)
Article 4a Budget The financial envelope for the activities to take place during the 2013 European Year of Citizens shall be EUR 5 million.
Amendment 1 #
2011/0130(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation applies to protection measures taken in civil matters whatever the nature of the authority issuing the protection measure. It does not apply to protection measures covered by Regulation (EC) No 2201/2003 or to the protection measures covered by Directive [...] of the European Parliament and of the Council on the European protection order, in order to prevent overlapping between the civil law and criminal law systems.
Amendment 2 #
2011/0130(COD)
Proposal for a regulation
Article 2 – point a
Article 2 – point a
(a) 'protection measure' means any decision, whatever it may be called, of a preventive and temporary nature taken by an authority in a Member State in accordance with its national law with a view to protecting an individual person when serious reasons exist to consider the person's life, physical and/or psychological integrity or liber, dignity, personal liberty or sexual integrity to be at risk. It shall include measures ordered without the person causing the risk being summoned to appear. The following are notably protection measures: (i) an obligation not to enter(If the part of this amendment concerning the words "person's life, ...or sexual integrity" is adopted, corresponding modifications will need to be made throughout the text) Protection measures may include one or more of the following obligations or prohibitions: (i) a prohibition from entering and/or remaining in certain localities, places or defined areas where the protected person resides, works or that he visits; or (ii) an obligation not to enter into prohibition or regulation of contact, in any form, with the protected person, including by phone, electronic or ordinary mail, fax or any other means; or (iii) an obligation not to prohibition or regulation on approaching the protected person closer than a prescribed distance; or (iv) a decision attributing the exclusive use of the common housing of two persons to the protected person; or (iva) any other prohibitions or regulations imposed in order to guarantee the protection of the protected person.
Amendment 3 #
2011/0130(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory wording
Article 13 – paragraph 2 – introductory wording
2. Upon reception of the certificate pursuant to Article 5 provided by the protected person, the competent authorities of the Member State of recognition shall, without delay and where necessary according to the rules of Regulation (EC) No 1393/2007, bring to the notice of the person causing the risk and to the protected person: of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents)1, bring to the notice of the person causing the risk and to the protected person and, where appropriate, his or her legal representative, guardian or tutor in a language which they understand: _______________ 1 OJ L 324, 10.12.2007, p. 79.
Amendment 4 #
2011/0130(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. When bringing to the notice of the person causing the risk the information referred to in paragraphs 1 and 2, the competent authorities of the Member State of origin and those of the Member State of recognition shall be particularly attentive to the fact that it is not in the interests of the protected person to have his or her address or other personal details divulged unless this is necessary for the purposes of enforcement of the protection measure.
Amendment 5 #
2011/0130(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Data collection In order to facilitate evaluation of the application of this Regulation, Member States shall communicate to the Commission relevant data relating to the application of national procedures on the issuing of certificates referred to in Article 5 and the transmission thereof between competent authorities. Those data shall include, at least, information on the number of protection measures and certificates requested, issued and/or recognised and on the number of certificates refused, suspended and/or withdrawn, as well as the reasons for such refusal and/or withdrawal, with due regard for the fundamental principles of privacy and the protection of personal data.
Amendment 44 #
2011/0130(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The European Union has set itself the objective of maintaining and developing an area of freedom, security and justice, facilitating access to justice, in particular through the principle of mutual recognition of judicial and extra-judicial decisions in civil matters. In order to establish progressively such an area, the Union should adopt, amongst other things, measures relating to judicial cooperation in civil matters, particularly when necessary for the proper functioning of the internal market and for the full exercise by EU citizens of their right to move and reside freely in the territory of the Member States.
Amendment 45 #
2011/0130(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
Amendment 49 #
2011/0130(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
Amendment 50 #
2011/0130(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) In the context of implementation of this Regulation, Member States should take the necessary steps to ensure that the protected person does not have to meet the financial costs connected with recognition of the protection measure in another Member State.
Amendment 51 #
2011/0130(COD)
Proposal for a regulation
Recital 13 c (new)
Recital 13 c (new)
(13c) Member States should foster as much direct contact as possible between the competent authorities in the context of implementation of this Regulation, and should promote regular training for judicial authorities and other competent authorities likely to come into contact with victims or potential victims, so that they can offer them adequate assistance.
Amendment 53 #
2011/0130(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation applies to protection measures taken in civil matters whatever the nature of the authority. It does not apply to protection measures covered by Regulation (EC) No 2201/2003, or to the protection measures covered by Directive [...] of the European Parliament and of the Council on the European protection order.
Amendment 63 #
2011/0130(COD)
Proposal for a regulation
Article 3
Article 3
The authorities of the Member State where the person's life, physical and/or psychological integrity or liber, dignity, personal freedom or sexual integrity is at risk shall have jurisdiction.
Amendment 67 #
2011/0130(COD)
Proposal for a regulation
Article 8
Article 8
If a protection measure is not known in the Member State of recognition, the competent authority in that Member State shall, to the extent possible, adapt the protection measure to one known under its own law which has equivalent effects attached to it and pursues similar aims and interests, and which also guarantees the protected person the same level of protection.
Amendment 75 #
2011/0130(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory wording
Article 13 – paragraph 1 – introductory wording
1. The competent authorities of the Member State of origin shall, without delay and according to the law of that Member State, bring to the notice of the person causing the risk and to the protected person and, where appropriate, his or her legal representative, guardian or tutor:
Amendment 77 #
2011/0130(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory wording
Article 13 – paragraph 2 – introductory wording
2. Upon reception of the certificate pursuant to Article 5 provided by the protected person, the competent authorities of the Member State of recognition shall, without delay and where necessary according to the rules of Regulation (EC) No 1393/2007, bring to the notice of the person causing the risk and to the protected person, in a language which they both understand:
Amendment 78 #
2011/0130(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory wording
Article 13 – paragraph 2 – introductory wording
2. Upon reception of the certificate pursuant to Article 5 provided by the protected person, the competent authorities of the Member State of recognition shall, without delay and where necessary according to the rules of Regulation (EC) No 1393/2007, bring to the notice of the person causing the risk and to the protected person and, where appropriate, his or her legal representative, guardian or tutor:
Amendment 79 #
2011/0130(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
Amendment 81 #
2011/0130(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Data collection In order to facilitate the evaluation of the application of this Regulation, Member States shall communicate to the Commission the relevant data on the implementation of national procedures for the issuing of the certificates referred to in Article 5 and the transmission thereof between competent authorities, at least as regards the number of protection measures and certificates requested, issued and/or recognised, with due regard for the fundamental principles of privacy and the protection of personal data.
Amendment 164 #
2011/0129(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Some victims are particularly vulnerable during criminal proceedings to secondary and repeat victimisation and to intimidation by the offender or his associates. Such vulnerability can broadly be identified from the personal characteristics of the victim and the type or nature of the crime. On this basis some victims such as children, persons with disabilities, asylum seekers, victims of sexual violence and, victims of human trafficking victims of torture and victims of inhuman or degrading treatment are in most cases vulnerable to further victimisation and in need of special protection measures. Only in exceptional circumstances, such as balancing the fundamental rights of the accused or suspected person, or where the victim so wishes, should access to such protection measures be limited. In the case of victims of human trafficking and victims of child sexual abuse, sexual exploitation and child pornography, where specific and more detailed provisions are already included in separate instruments adopted or in course of negotiation this Directive does not deal with those same matters.
Amendment 187 #
2011/0129(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In applying the provisions of this Directive, children's best interests must be a primary consideration, in accordance with the Charter of Fundamental Rights of the European Union and the 1989 United Nations Convention on the Rights of the Child. Special regard should be paid to children, and in particular to unaccompanied children, as they need protection, support and specific assistance due to their particularly vulnerable position. Member States should ensure there are suitable safeguards in place to provide children with the appropriate protection and should take all necessary steps to ensure that the specific actions to assist and support children in their physical and psycho-social recovery are undertaken following an individual assessment of the special circumstances of each particular child victim. Professionals likely to come into contact with child victims should also receive suitable training on the rights and needs of children of different age groups, as well as on the type of proceedings best suited to them.
Amendment 199 #
2011/0129(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Any officials in criminal proceedings likely to come into contact with victims should be trained to identify and meetable to access and receive appropriate training so they are able to identify victims, to deal with them, to identify their needs of victimsand meet these both through initial and ongoing training and to a level appropriate to their contact with victims. This should include specialist training as appropriate. Member States should promote this training requirement for the following: police services, lawyers, health services, social services and social workers, judges and staff within the judicial authorities, staff responsible for the protection of children’s rights and any other person likely to come into contact with victims in the course of their duties.
Amendment 268 #
2011/0129(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Where the victim is a child, it is essential that he or she is given all the information cited in the first paragraph in an appropriate way. This information shall be easily accessible and provide clear guidance on the relevant procedures.
Amendment 293 #
2011/0129(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
For the purposes of the first paragraph, particular attention shall be brought to bear where the victim is a child.
Amendment 330 #
2011/0129(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall promote the setting up orand development of specialist support services for all victims with special needs as identified in Article 18, including specialist support services for children, for victims of gender-related violence, victims of violence in close relationships and for their family members, in addition to general victim support services.
Amendment 343 #
2011/0129(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Child victims shall be given the opportunity to play an active part in criminal proceedings so as to have their testimony taken into account.
Amendment 401 #
2011/0129(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that measures are available to protect the safety of victims and their family members from retaliation, intimidation, repeat or further victimisation. When requested by the victims, these measures shall include non disclosure of the personal characteristics taken into account in the individual assessment referred to in Article 18.
Amendment 413 #
2011/0129(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b a (new)
Article 18 – paragraph 1 – point b a (new)
ba) Asylum seekers and refugees;
Amendment 414 #
Amendment 415 #
2011/0129(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b c (new)
Article 18 – paragraph 1 – point b c (new)
bc) Unaccompanied minors;
Amendment 428 #
2011/0129(COD)
Proposal for a directive
Article 18 – paragraph 2 – point b a (new)
Article 18 – paragraph 2 – point b a (new)
ba) Victims of torture or of inhuman or degrading treatment;
Amendment 449 #
2011/0129(COD)
Proposal for a directive
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a). Member States shall ensure that the individual assessments referred to in paragraphs 3 and 4 are carried out at regular intervals throughout the criminal proceedings in order to take account of any changes in the personal characteristics or circumstances, needs and wishes of victims. Individual assessments shall take into account the following factors: a) the personal characteristics of the victim such as age, gender, gender identity, ethnicity, race, religion, sexual orientation, state of health, disability, communication difficulties, relationship to or dependence on the suspected or accused person, previous experience of crime; b) the type and nature of the crime, the fact that the motives for the crime were discriminatory and related to personal characteristics of the victim such as age, gender, gender identity, ethnicity, race, religion, sexual orientation, state of health, disability, communication difficulties, relationship to or dependence on the suspected or accused person, previous experience of crime; c) the circumstances of the crime such as the fact that a person was victimised abroad; d) the type or nature of the crime such as where exploitation or physical or sexual violence has been used; e) the wishes of the victim with specific needs including if they do not wish to benefit from special measures.
Amendment 488 #
2011/0129(COD)
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Without prejudice to the rights of the defence, during criminal investigations Member States shall take steps to ensure that: a) interviews with the child victim take place without unjustified delay after the facts have been reported to the competent authorities; b) interviews with the child victim take place, where necessary, in premises designed or adapted for this purpose; c) interviews with the child victim are carried out by or through professionals trained for this purpose; d) the same persons, if possible and where appropriate, conduct all the interviews with the child victim; e) the number of interviews is as limited as possible and interviews are only carried out where strictly necessary for the purpose of criminal investigations and proceedings; f) the child victim may be accompanied by his or her legal representative or, where appropriate, by an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.
Amendment 489 #
2011/0129(COD)
Proposal for a directive
Article 22 – paragraph 1 b (new)
Article 22 – paragraph 1 b (new)
1b. Member States shall, in accordance with the role of victims in the justice system concerned, ensure that child victims have access without delay to free legal counselling and to free legal representation, including for the purpose of claiming compensation, unless they have sufficient financial resources.
Amendment 490 #
2011/0129(COD)
Proposal for a directive
Article 22 – paragraph 1 c (new)
Article 22 – paragraph 1 c (new)
1c. Member States shall take steps to ensure that during criminal proceedings, the judge may order that: a) the hearing shall take place without the presence of the public; b) the child victim may be heard in the courtroom without being present, notably through the use of appropriate communication technologies.
Amendment 491 #
2011/0129(COD)
Proposal for a directive
Article 22 – paragraph 1 d (new)
Article 22 – paragraph 1 d (new)
1d. Member States shall take the necessary measures, where required in the interest of the child victims and taking into account other overriding interests, to protect their privacy, their identity and their image, and to prevent the public dissemination of any information that could lead to their identification.
Amendment 492 #
2011/0129(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall ensure that judicial authorities may adopt during the court proceedings, appropriate measures to protect the privacy, personal data and photographic images of victims and their family members.
Amendment 507 #
2011/0129(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that police, prosecutors and, judges, court staff, lawyers, the emergency services, health services, social services and any other people likely to come into contact with victims receive both general and specialist training to a level appropriate to their contact with victims to sensitise them to the needs of victims and to deal with them in an impartial, respectful and professional manner.
Amendment 512 #
2011/0129(COD)
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Member States shall propose and encourage suitable specialist training on child victims, victims of gender-related violence and victims of violence in close relationships. Professionals likely to come into contact with these victims shall receive suitable training on the rights and needs of children of different age groups, as well as on the type of proceedings best suited to their needs.
Amendment 524 #
2011/0129(COD)
Proposal for a directive
Article 24 – paragraph 4
Article 24 – paragraph 4
4. In accordance with the duties involved, and the nature and level of contact the practitioner has with victims, training shall as a minimum include matters relating to the impact that crime has on victims, the risks of intimidation, repeat and secondary victimisation and how these can be avoided and, the availability and relevance of support to victims, and the professional qualifications, knowledge and conduct needed to assist victims.
Amendment 531 #
2011/0129(COD)
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. Member States shall encourage research into cooperation and collaboration between victim support services, and innovative projects to improve skills and victim support and share their experience in this field.
Amendment 538 #
2011/0129(COD)
Proposal for a directive
Article 27
Article 27
Member States shall communicate to the European Commission data related to the application of national procedures on victims of crime by [two years after the date of adoption] at the latest, with due regard for the fundamental principles of privacy and the protection of personal data.
Amendment 58 #
2011/0023(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVEREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crimetransnational crime (If adopted, changes apply throughout the text.)
Amendment 59 #
2011/0023(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime
Amendment 61 #
2011/0023(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to Articles 7, 8 and 52(1) of the Charter of Fundamental Rights of the European Union,
Amendment 69 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
b) ‘international flight’ means any scheduled or non-scheduled flight by an air carrier planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member State with a final destination in a third country, including in both cases any transfer or transit flights;
Amendment 79 #
2011/0023(COD)
Proposal for a directive
Recital 6
Recital 6
(6) PNR data help law enforcement authorities prevent, detect, investigate and prosecute serious transnational crimes, including acts of terrorism, by comparing them with various databases of persons and objects sought, to construct evidence and, where relevant, to findg associates of criminals and unravel criminal networkscts of terrorism.
Amendment 110 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers transfer ('push') the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers shall transfer the PNR data exclusively to the Passenger Information Units of all the Member States concerned of arrival.
Amendment 129 #
2011/0023(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) PNR data should be transferred to a single designated unit (Passenger Information Unit) at EU level, so as to ensure clarity and reduce costs to air carriers.
Amendment 142 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a a (new)
Article 8 – paragraph 1 – point a a (new)
a a) an international agreement is in force between the European Union and the third country;
Amendment 149 #
2011/0023(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Each Member State should be responsible for assessing the potential threats related to terrorist offences and serious transnational crime.
Amendment 208 #
2011/0023(COD)
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious transnational crime.
Amendment 218 #
2011/0023(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding 5 year30 days, after which the data must be deleted, the data must be anonymised after a very short periodmasked- out immediately, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, Member States are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how PNR data are processed. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of the data processing. Member States must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
Amendment 288 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
(i) ‘serious transnational crime’ means the following offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years: - participation in a criminal organisation, - terrorism, - trafficking in human beings, - sexual exploitation of children and child pornography, - illicit trafficking in narcotic drugs and psychotropic substances, - illicit trafficking in weapons, munitions and explosives, - corruption, - fraud and tax evasion, - laundering of the proceeds of crime, - counterfeiting currency, including of the euro, - computer-related crime, - environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties, - murder, grievous bodily injury, - illicit trade in human organs and tissue, - rape - kidnapping, illegal restraint and hostage-taking, - child abduction and child abduction by parents, - organised or armed robbery, - illicit trafficking in cultural goods, including antiques and works of art, - illicit trafficking of mineral ore, - forgery of means of payment, - illicit trafficking in hormonal substances and other growth promoters, - illicit trafficking in nuclear or radioactive materials, - crimes within the jurisdiction of the International Criminal Court, if they are punishable under the national law of athe Member State, and if : with a custodial sentence or a detention order for a maximum period of at least three years, and if;
Amendment 297 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
The list of serious transnational crime offences of Article 2(1) sub i shall be reviewed and adjusted accordingly as part of the overall review of this Directive.
Amendment 305 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious transnational crime or a branch of such an authority to act as its ‘Passenger Information Unit’ responsible for collecting PNR data from the air carriers, storing them, analysing them and transmitting the result of the analysis to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authorities.
Amendment 311 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The Commission shall set up a 'Passenger Information Unit' responsible for collecting PNR data from the air carriers, storing them, analysing them and transmitting the result of the analysis to the competent authorities referred to in Article 5. Its staff members may be seconded from Member States' competent public authorities.
Amendment 388 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
3b. Without prejudice to Article 7(4), the PNR data shall not be transmitted by the Passenger Information Unit to any other authority in any way or format to allow for assessment of the PNR data outside the Passenger Information Unit. The PNR data cannot be requested by other authorities on the basis of an order of a competent court or judicial body.
Amendment 416 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist ofbe authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious transnational crime.
Amendment 433 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious transnational crime.
Amendment 488 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is proactively, and automatically, transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considers such transfer to be necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime. The Passenger Information Units of othe receivingr Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authoritieswithout delay.
Amendment 489 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Member States shall ensure that the Passenger Information Unit proactively informs the Passenger Information Units of other Member States in case PNR data has been requested in cases of a specific, actual and imminent threat on the basis of Article 7(3), Article 7(4) or Article 7(5).
Amendment 490 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1b. The Passenger Information Unit shall ensure that, with regard to persons identified in accordance with Article 4(2), the result of the processing of PNR data is transmitted to any Member States' competent authorities where the Passenger Information Unit considers such transfer to be necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime.
Amendment 491 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 499 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The Passenger Information Unit of a Member State shall have the right to request, on a case-by-case basis if necessary and proportionate, the Passenger Information Unit of any other Member State to provide it with PNR data of targeted flights or specific individuals that are kept in the latter's database in accordance with Article 9(2). Passenger Information Units shall provide the requested data without delay. Where appropriate, an alert shall be entered in accordance with Article 36 of Regulation 1987/2006 on the Schengen Information System.
Amendment 500 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 507 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The Passenger Information Unit may request access to specific identifiable PNR data kept by the Passenger Information Unit of another Member State on the basis of Article 4(2) point cb (new) in their full form without the masking out only in exceptional circumstances in response to a specific, actual and imminent threat related to terrorist offences or serious transnational crime. Such requests shall be logged and shall be subject to ex-post judicial review within 48 hours.
Amendment 517 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Only in those cases where it is necessary for the prevention of a specific, actual and imminent threat to public security may the competent authorities of a Member State request directly the Passenger Information Unit to provide it with PNR data that are kept in the latter's database in accordance with Article 9(2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious transnational crime and shall be reasoned. The Passenger Information Unit shall respond to such requests as a matter of priority. Such requests shall be logged and shall be subject to ex-post judicial review within 48 hours.
Amendment 519 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 526 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Exceptionally, where early access is necessary to respond to a specific, actual and imminent threat related to terrorist offences or serious transnational crime, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter's territory at any time. Such requests shall be logged and shall be subject to ex-post judicial review within 48 hours.
Amendment 538 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Exchange of information under this Article may take place using any existing channels for international law enforcement cooperation. The language used for the request and the exchange of information shall be the one applicable to the channel used.
Amendment 591 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Member States may not transfer PNR data to third countries.
Amendment 597 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
The Passenger Information Unit may transfer the results of the processing of PNR data to a third country, only on a case-by-case basis and if an agreement between the European Union and the third country for the transfer of these data has been concluded under Article 218(6)(a).
Amendment 1835 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each controller and processor and, if any, the controller's representative, shall maintain regularly updated documentation of all processing operations under its responsibility.
Amendment 2063 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. Where the controller is a public authority or body or an authority or body responsible for performing a public interest task, and where the processing results from a legal obligation pursuant to point (c) of Article 6(1) providing for rules and procedures pertaining to the processing operations and regulated by Union law, paragraphs 1 to 4 shall not apply, unless Member States deem it necessary to carry out such assessment prior to the processing activities.
Amendment 64 #
2010/2276(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas it is necessary to pay particular attention to minors and children when working out a European strategy for the integration of the Roma,
Amendment 18 #
2010/2235(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 57 #
2010/2235(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls foron the development of a genuine EU road safety monitoring centre whose task it would be to collateCommission to prepare a summary of existing initiatives and to make a proposal aimed at improving exchanges of data from existing databases and of the knowledge gained through the implementation of EU projects such as SafetyNet or DaCoTa and make it available to everyone in a readily comprehensible, annually updated form;
Amendment 63 #
2010/2235(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that care, consideration for others and mutiual respect and observance of rules are fundamental to road safety, for both occasional users and – above all – professional road users;
Amendment 70 #
2010/2235(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes the view that greater importance should be attached to the concept of lifelong learning in the area of road transport as well, and emphasises the positive impact of educating children about road safety from an early age;
Amendment 81 #
2010/2235(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Encourage Member States to introduce special demerit point systems.
Amendment 83 #
2010/2235(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for a special focus on offences committed by lorry drivers, and by professional road users in general, in particular as regards blood-alcohol levels, drug use, speeding and the use of mobile telephones and even, in some cases, televisions;
Amendment 89 #
2010/2235(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recommends, as a reintegration measure, the fitting of alcolocks to the vehicles of road users who alre known to drink and driveady have more than one drink-driving conviction;
Amendment 92 #
2010/2235(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls for an obligatory eye test for all drivers of category A and B every 10 years and for drivers, older then 65 years, every 5 years; calls for an obligatory medical check for all drivers, older then 80 years, to identify physical and mental ability to continue driving;
Amendment 95 #
2010/2235(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to draw up, every three years, EU road safety campaigns on a specific topic and to systematically use the communication channels which have grown up as a result of the implementation of the Road Safety Charter for these campaigns;
Amendment 101 #
2010/2235(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for determined efforts to harmonise road signs and road traffic rules by 2013, including cross-border enforcement, blood-alcohol limits and speed limits in urban areas;
Amendment 119 #
2010/2235(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
Amendment 122 #
2010/2235(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 127 #
2010/2235(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls for an EU-wide harmonised blood alcohol limit, which should be at 0 ‰ blood alcohol limit in the first 2 years for novice drivers and 0,2 BAC limit for professional drivers at all time;
Amendment 157 #
2010/2235(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls for widespread use of signs showing vehicles’ speed at a given moment, and for efforts to make signs more visible and comprehensible by avoiding combinations of signs which are difficult to understand;
Amendment 170 #
2010/2235(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls for the planning of new infrastructure development to incorporate the ‘forgiving road’ concept;
Amendment 185 #
2010/2235(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recommends that the fitting of alcolocks to all commercial passenger and goods transport vehicles should be made compulsory;
Amendment 205 #
2010/2235(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to lay down within two years common standards for technical checks to be performed on vehiclesroadworthiness tests for all vehicles, especially those which have been involved in serious accidents;
Amendment 217 #
2010/2235(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls for details of the traffic rules currently in force in individual Member States and information on sections of road that are extremely dangerous or unusual to be made available to road users before and during journeys, for example through the use of smart traffic systems; calls, in this connection, for full use to be made of the potential offered by the Galileo programme in this field;
Amendment 226 #
2010/2235(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Recommends the use of technical tools such as rear-view mirrors that do not conceal blind spots, camera/monitor devices and more effective braking systems for lorries;
Amendment 240 #
2010/2235(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls for the carrying of warning jackets for all vehicle occupants and the wearing of warning jackets by cyclists, as a means of improving their visibility, to be made compulsory; also calls for motorcyclists’ visibility to be enhanced by fitting lights or reflective strips covering the entire width of the handlebars;
Amendment 259 #
2010/2235(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Calls for pedestrian crossings to be better lit, and for more cycle lanes to be created;
Amendment 34 #
2010/2206(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes the view that European regions should cooperate more closely in an effort to enhance their attractiveness and their visibility and emphasise their characteristic features, in particular by developing regional tourism centres and by preparing specific programming agreements, not least with the aim of modernising tourist amenities;
Amendment 35 #
2010/2206(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to put forward proposals designed to foster intra- and inter-regional tourism, so that each site, museum or attraction visited prompts tourists to visit another site, museum or attraction in the same or in a neighbouring region;
Amendment 177 #
2010/2206(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Considers that the Commission should take measures, given that the history of the European continent has been strongly marked by traditional heavy industry and that this heritage is an important part of Europe’s memory, to encourage the preservation, transformation, rehabilitation, museumification, enhancement and promotion of industrial sites rather than their destruction;
Amendment 184 #
2010/2206(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Considers that the European Union is founded on cultural and linguistic diversity and that it is therefore important to promote access to tourist sites by providing visitors with tools for facilitating their visit and helping them to understand, such as audioguides or brochures offering explanations in at least two EU official languages, particularly where the sites visited are receiving structural funding;
Amendment 90 #
2010/0802(COD)
Draft directive
Citation -1 (new)
Citation -1 (new)
having regard to the Treaty on European Union, and in particular Article 3(2) thereof,
Amendment 92 #
2010/0802(COD)
Draft directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Article 3(2) of the Treaty on European Union provides that ‘The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime’.
Amendment 108 #
2010/0802(COD)
Draft directive
Recital 8 a (new)
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 in the way which is most appropriate in the light of its own legal system, and to take any corresponding measures guaranteeing the same level of protection under its national law in a similar case in order to ensure the protection of the protected person. This may mean that the measure adopted in the executing State is conceptually and legally independent of the original protection measure taken by the issuing State and underlying the European protection order.
Amendment 111 #
2010/0802(COD)
Draft directive
Recital 8 b (new)
Recital 8 b (new)
(8b) The competent authority of the executing State should inform the person causing danger, the competent authority of the issuing State and the protected person of any measure taken on the basis of the European protection order. In the notification to the person causing danger due regard should be paid to the interest of the protected person in not having his/her address or other contact details disclosed. Such details should be excluded from the notification, provided that the address or other contact details are not included already in the obligation or prohibition imposed as an enforcement measure on the person causing danger.
Amendment 149 #
2010/0802(COD)
Draft directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. On the basis of a protection measure adopted in the issuing State, a judicial authority of thatEuropean protection order may be issued when a protected person decides to reside or already resides in another Member State, or another competent authority referred to in Article 4(2), shall, only at the request of the protected person, issue a European protection ordehe or she decides to stay or is already staying in another Member State. A judicial or equivalent authority of the issuing State may only issue a European protection order at the request of the protected person or of his or her legal representative, guardian or tutor, after verifying that the protection measure meets all the requirements set out in Article 3(12(2).
Amendment 154 #
2010/0802(COD)
Draft directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The protected person or his or her legal representative, guardian or tutor may submit a request for the issuance of a European protection order either to the competent authority of the issuing State or to the competent authority of the executing State. If such a request is submitted in the executing State, its competent authority shall transfer this request as soon as possible to the competent authority of the issuing State in order, where appropriate, to issue the European protection order.
Amendment 160 #
2010/0802(COD)
Draft directive
Article 5 – paragraph 3
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 toor 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 is already staying in another Member State. The authority shall adviseinform the protected person tohat he or she should submit the application before leaving the territory of the issuing State. It shall also inform him or her of the possibility of submitting the application while residing or already staying in the executing State.
Amendment 164 #
2010/0802(COD)
Draft directive
Article 6 – point c a (new)
Article 6 – point c a (new)
ca) the name, address, telephone and fax numbers, and e-mail address of the competent authority or authorities of the executing State;
Amendment 172 #
2010/0802(COD)
Draft directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where the competent authority of the issuing State transmits the European protection order to the competent authority of the executing State, it shall do so by any means which leaves a written record so as to allow the competent authority of the executing Member State to establish its authenticity. All formal communications must also be conducted directly between the said competent authorities.
Amendment 6 #
2009/2096(INI)
Motion for a resolution
Citation 33 a (new)
Citation 33 a (new)
Amendment 30 #
2009/2096(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the goals set in the 2001 White Paper have been attained only in part, so that the question of whether they should be and it is therefore necessary to determine whether to maintained or reformulated needs to be examined these goals, although, in any event, the efforts and resources to achieve them must be stepped up,
Amendment 52 #
2009/2096(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the development of society and, the globalisation of economic relations and the development of a wide range of economic sectors results in increased demand in the transport sector, particularly in the maritime and air sectors, so that all means of transport are vital; whereas, however, these should be measured according to their efficiency in economic, environmental, social and employment policy terms,
Amendment 87 #
2009/2096(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that decarbonising transport is one of the main challenges of future EU transport policy and that all available, sustainable means should be used in order to achieve this, such as an energy mix, price formation measures and internalising external costs of all modes of transport, provided that the ensuing revenue is used to improve the sustainability of mobility and measures are taken to adapt the behaviour of transport users and professionals (awareness-raising, environmentally friendly behaviour, etc.); underlines that, to this end, the priority development of financial incentives, ruling out any distortions of competition in the process, should be preferred to the imposition of sanctions;
Amendment 97 #
2009/2096(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that the funds generated by the auctioning of CO2 allowances and by the ETS in the air transport sector could be used to finance, first and foremost, the projects designed to specifically reduce emissions in the sector (Clean Sky, biofuels, Single Sky);
Amendment 105 #
2009/2096(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that promoting safety in all modes of transport must be a priority and represents a major challenge; is convinced in particular that, in order to improve the safety of road transport in Europe, the EU must propose an ambitious road safety action programme for 2020, notably through vigorous actions to combat speeding and drink and drug driving; states that the EU must make a firm commitment to improve road safety among young drivers and motorcycle users; states that it must also propose solutions to ensure better protection for vulnerable users and, to this end, be consistent with the urban mobility action plan; stresses, lastly, that the EU must ensure that all those guilty of road traffic offences are charged, irrespective of the Member State in which the offence is committed (Commission proposal on the cross-border application of sanctions);
Amendment 124 #
2009/2096(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Finds that the development of passenger and freight transport as a whole raises the issue not only of the transfer of traffic but ratheralso of the effective use of the various modes of transport, and that the goal of European transport policy should therefore be effective comodality;
Amendment 130 #
2009/2096(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that effective comodality should be measured not only in terms of cost- effectiveness but also according to criteria of environmental protection, – taking into account the overall impact of each mode of transport on the environment – social and employment conditions and safety, with attention also being paid to the different possibilities and starting positions of the different modes of transport on the one hand and of the countries and regions on the other;
Amendment 143 #
2009/2096(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Finds that transport plays an essential role in completing the European Single Market and the freedom of movement of people and goods, and that regulated market opening should be achieved, primarily in rail transport; this complete market opening should be accompanied by other measures aimed at avoiding distortions of competition, inter alia in the social, fiscal and environmental fields, and preserving and harmonising safety standards, working conditions and consumer rights;
Amendment 146 #
2009/2096(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Finds that transport plays an essential role in completing the European Single Market and the freedom of movement of people and goods, and that regulated market opening should be achieved, primarily in rail transport; this complete market opening should be accompanied byopening of the European market must aim to develop the market, to the benefit of consumers. It should be accompanied by ongoing infrastructure investment, greater technical and operational interoperability and effective regulation, as well as other measures aimed at avoiding distortions of competition, inter alia in the social, fiscal and environmental fields;
Amendment 159 #
2009/2096(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines, with regard to the economic requirements, the importance of genuine European management of transport infrastructures (freight and high-speed rail corridors, Single European Sky, maritime area without borders) with a view to eliminating the border effect and enhancing the EU’s competitiveness and appeal;
Amendment 171 #
2009/2096(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that transport impacts on social, health and security policy and that, in the context of creating a single transport area, employment conditions and education and training must be harmonised and improved; stresses that the creation of, inter alia, European training centres and EU centres of excellence in the relevant Member States can contribute to promoting the quality of training and the status of transport sector employees, as well as to the mutual recognition of training coursesurges the Commission to establish as soon as possible the conditions for effective social dialogue aimed at facilitating this harmonisation;
Amendment 190 #
2009/2096(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is of the view that technical interoperability, European certification and mutual recognition are essential elements of an effectively functioning single market, and that the enforcement of these should figure more prominently in the tasks of the various agencies; notes that the funding for technical and operational interoperability should be included in the budget priorities of the European Union and its Member States;
Amendment 202 #
2009/2096(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the European Commission to ensure that a high level of rail safety is maintained, while accelerating technical interoperability in the European Union, and, to this end, to reinforce the management, competences and resources of the European Railway Agency;
Amendment 238 #
2009/2096(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines the importance of innovation for reducing vehicle emissions, particularly rechargeable hybrid vehicles and clean, energy-efficient airplanes, and encourages, in the field of innovation, the European projects;
Amendment 258 #
2009/2096(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Emphasises that an efficient transport policy requires adequate funding, and that a transport fund might be created using, inter alia, existing funds in the EU budget, part of the structural and cohesion policy funds and PPPs or other financial instruments; such a fund should be used to improve infrastructure, support research and promote the implementation of intelligent transport systems in all modes of transport and should be guided by award criteria which take account of environmental, social and security efficiency;
Amendment 269 #
2009/2096(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for transport policy to be able to promote, inter alia, transport by rail, air and ship, port policy and public transport by means of financial support which is not measured by competitiveness criteria;
Amendment 303 #
2009/2096(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls for the EIB policy change to give greater priority to businesses wishing to make their production tools ‘greener’ (fleet renewal);
Amendment 324 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 2
Paragraph 20 - indent 2
- a doubling of the number of bus and railpublic transport users in urban areas by 2020,
Amendment 327 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 2 a (new)
Paragraph 20 - indent 2 a (new)
- implementation of the tools and projects aimed at reducing CO2 emissions in the transport sector, in accordance with the envisaged timetables,
Amendment 349 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 5
Paragraph 20 - indent 5
- starting from 2011, fitting an ERTMS- compatible automatic train speed control system to all new railway rolling stock and link lines, where appropriate,
Amendment 354 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 6
Paragraph 20 - indent 6
- a 250% reduction in pollution caused by aircraft throughout EU airspace by 2020CO2 emissions in 2050 compared with the 2005 level,
Amendment 90 #
2009/0170(COD)
Proposal for a regulation
Article 2 – introductory phrase – point 4
Article 2 – introductory phrase – point 4
(4) 'cause‘factors' means actions, omissions, events, conditions, or a combination thereof, which led to the accident or incident; the identification of causefactors does not imply the assignment of fault or the determination of administrative, civil or criminal liability;
Amendment 100 #
2009/0170(COD)
Proposal for a regulation
Article 2 – point 16 a (new)
Article 2 – point 16 a (new)
(16a) ‘Inappropriate use of safety information’ means the use of information gathered from safety data collection and processing systems for purposes different from the purposes for which it was collected, namely, use of the information for disciplinary, civil, administrative and criminal proceedings against operational personnel, and/or disclosure of the information to the public.
Amendment 134 #
2009/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Notwithstanding paragraphs 1 and 2, safety data referred to in these paragraphs may be used as evidence and be demanded for inspection or be seized, if it concerns a criminal investigation into a hostage- taking, murder or an offence with the intention of frightening the population or part of the population of a country, or forcing a government or an international organisation to do, omit or tolerate something, or seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation.
Amendment 38 #
2008/2240(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission, therefore, where every mode of transport is concerned, to provide for the measures and instruments required to make transport greener, taking into account the measures already implemented in the various transport sectors; with reference to those proposals, to conduct scientifically sound assessments of the impact of the individual measures and their competition implications in terms of modes, on the cost of mobility for users and on competitiveness; and, proceeding from that basis, to submit a master plan for the greening of transport, together with specific legislative proposals;
Amendment 55 #
2008/2240(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is disappointed in addition that in its communicathat, beyond these contributions, the Commission, narrowing down this ‘pragmatic approach’ still further, has reduced it to the ‘polluter/user pays’ principle and that, as regards the contributions – broken down by Member State – already made by individual modes of transport in the form of general taxation, vehicle and oil taxes, and road tolls to balance positive effects of transport in terms of economic growth and competitiveness ('positive externalities') have not been researched to any significant extent and have not been taken into account real infrastructure building and maintenance costs and, moreover, external costs, it has not even listed them, let alone set them off against the costs incurredin the Commission's calculations, unlike external costs which have been the subject of extensive work;
Amendment 61 #
2008/2240(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the fact that the Commission has not so much as attempted in its communication to gauge, assess, and describe the impact that its proposed method for internalising external costs might have on competition among the various modes of transport, on the cost of mobility and on competitiveness;
Amendment 3 #
2008/2026(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to implement a Eurodistrict pilot project to establish an integrated administrative level going beyond the bounds of mere cross-border cooperation as provided for in Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC)1; points out that the aim of this pilot project is to devise a legal basis establishing an integrated representative association of cross-border local and regional authorities, with autonomous decision- taking powers, in the following areas: transport, economic development, tax policy harmonisation, the environment, waste, tourism, culture, recreational activities, social policy, health, bilingual education and vocational training, and security; _______ 1 OJ L 210, 31.7.2006, p. 19.
Amendment 59 #
2008/0237(COD)
Council position – amending act
Article 2 - paragraph 4
Article 2 - paragraph 4
(4) With the exception of Articles 4(2), 9 and 10(1), Member States may exempt urban, suburban and regional regular services, including cross-border services of that type, from the application of this Regulation. With a view to identifying urban, suburban and regional services, Member States may apply the definitions set out in Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of rail passengers1. In applying these definitions, Member States shall use the following criteria: distance, frequency of services, number of scheduled stops, ticketing schemes, fluctuations in passenger numbers between peak and off-peak periods, timetables. _______________ 1 JO L 315, 3.12.2007, p. 14.
Amendment 91 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 1 – paragraph 8
Article 1 – paragraph 8
Regulation (EC) No 549/2004
Article 11 – paragraph 1 – point (f) – introductory part
Article 11 – paragraph 1 – point (f) – introductory part
(f) compulsory criteria for the national supervisory authorities’ preparation of national or regional performance plans. These plans shall in particular:
Amendment 92 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 1 – paragraph 8
Article 1 – paragraph 8
Regulation (EC) No 549/2004
Article 11 – paragraph 1 – point (g) – point (ii)
Article 11 – paragraph 1 – point (g) – point (ii)
(ii) approval by the Commission and the European Parliament of the national or regional performance plans, in accordance with the procedure referred to in Article 5(3);
Amendment 93 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 1 – paragraph 8
Article 1 – paragraph 8
Regulation (EC) No 549/2004
Article 11 – paragraph 1 – point (g) – point (iv)
Article 11 – paragraph 1 – point (g) – point (iv)
(iv) assessment by the Commission and the European Parliament of the achievement of the performance targets annually and at the end of the reference period and setting of new targets for the next reference period;
Amendment 97 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 1 – paragraph 8
Article 1 – paragraph 8
Regulation (EC) No 549/2004
Article 11 – paragraph 1 – point (g) – point (v)
Article 11 – paragraph 1 – point (g) – point (v)
(v) corrective measures, including appropriate incentives and/or disincentives, to be applied by Member States on a compulsory basis in the event that the national or regional targets are not met yearly or at the end of the reference period.
Amendment 145 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 2 – paragraph 9 − point (c a)
Article 2 – paragraph 9 − point (c a)
Regulation (EC) No 550/2004
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
(ca) The following paragraph is inserted: 4a. The Commission should put forward additional financial resources and a financial instrument with a view to funding common projects, in particular to speed up the implementation of the functional air space blocs, within the multiannual financial framework.
Amendment 56 #
2007/2038(DEC)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Notes that the costs related to maintaining Parliament's three places of work stand at EUR 155 000 000, according to the data supplied by the Secretary-General1; believes that having three places of work is damaging to Parliament's image and substantially reduces its efficiency; reminds the Member States that it is Parliament itself that should decide on a single seatWelcomes the fall in the estimated operating costs stemming from the requirement to maintain several places of work from EUR 203 000 000 for 2002 to EUR 155 000 000 for 2007; stresses that this represents a reduction of almost 24% over the five-year period; calls on its Administration to continue the rationalisation process; stresses that the requirement to maintain several places of work is laid down in the Treaties ratified by all the Member States and may be changed only by unanimous decision of the Council;
Amendment 47 #
2007/0243(COD)
Proposal for a regulation
Article 2 - point (g)
Article 2 - point (g)
(g) 'parent carrier' means any air carrier or rail-transport operator which directly or indirectly, alone or jointly with others, owns or: (i) has capital holdings and (ii) has been recognised by the Commission under Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings1, as exercising effectively controls over a system vendor, as well. The Commission may at any time ask any air or rail carrier or rail- transport operator which it owns or effectively controls;with holdings in the capital of a system vendor share capital to provide all information considered necessary to assess its possible status as parent carrier. The conclusions of this assessment may, on request and subject to all confidentiality rules, be forwarded to the European Parliament _________ 1 OJ L 24, 29.1.2004, p. 1.
Amendment 101 #
2007/0243(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The parent carrier shall not be obliged to accept any costs in this connection except for reproduction of the data to be provided and for accepted bookings. The booking fee payable to a CRS for an accepted booking made in accordance with paragraph 1 of this article shall not exceed the fee charged by the same CRS or by its own CRS to other participating carriers for an equivalent transaction. The Commission may at any time ask a system vendor to provide any information judged necessary to ensure compliance by it with this paragraph.
Amendment 106 #
2007/0243(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. A parent carrier shall neither directly nor indirectly linkmake the use of any specific CRS by a subscriber withsubject to the receipt of any commission or other incentive or disincentive for the sale of its transport products.
Amendment 109 #
2007/0243(COD)
Proposal for a regulation
Article 10 - paragraph 4
Article 10 - paragraph 4
4. A parent carrier shall neither directly nor indirectly require use of any specificits own CRS by a subscriber for sale or issue of tickets for any transport products provided either directly or indirectly by itself.
Amendment 6 #
2006/0274(COD)
Recital 10 a (new)
(10a) To promote interoperability, the Agency should help to lay down a definitive version of ERTMS 2.3.0 for a given period, thus enabling railway undertakings which have invested in interoperable rolling stock to secure an adequate return on their investment. The version 2.3.0 as definitively established should include harmonised specifications for tests and certification schemes. It should also be such as to ensure that any additional specifications requested by a national safety authority will not prevent the movement of rolling stock fitted with the ERTMS.