829 Amendments of Agustín DÍAZ DE MERA GARCÍA CONSUEGRA
Amendment 134 #
2018/0250(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Pursuant to Article 349 of the TFEU and in line with the Commission Communication “A stronger and renewed strategic partnership with the EU’s outermost regions25”, endorsed by the Council in its conclusion of 12 April 2018, relevant Member States should ensure that their programmes address the specific challenges the outermost regions face in the field of security, such as civil protection or the deployment and connection of European Information Systems. The Fund supports these Member States with adequate resources to help these regions as appropriatein light of such specificities. __________________ 25 COM (2017)623 final.
Amendment 250 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 d (new)
Article 1 – paragraph 1 – point 3 d (new)
Regulation (EU) No 1308/2013
Part II – title I – chapter I – section 3 a new – article 18 a (new)
Part II – title I – chapter I – section 3 a new – article 18 a (new)
Amendment 606 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 26 a (new)
Article 1 – paragraph 1 – point 26 a (new)
Amendment 663 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Regulation (EU) No 1308/2013
Annex VII – part II – point 19 a (new)
Annex VII – part II – point 19 a (new)
Amendment 545 #
2018/0216(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to give substance topursue the objectives of the CAP as established by Article 39 of the Treaty on the Functioning of the European Union (TFEU), as well as to ensure that the Union adequately addresses its most recent challenges, it is appropriate to provide for a set of general objectives reflecting the orientations given in the Communication on ‘The Future of Food and Farming’. A set of specific objectives should be further defined at Union level and applipursued by the Member States in their CAP Strategic Plans. While striking a balance across the dimensions of sustainable development, in line with the impact assessment, these specific objectives should translate the general objectives of the CAP into more concrete priorities and take into account relevant Union legislation, particularly with regard to climate, energy and environmentin the economic, environmental and social spheres, with a particular focus on depopulated areas, and take into account relevant Union legislation.
Amendment 715 #
2018/0216(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Small farms remain a cornerstone of Union agriculture as they play a vital role in supporting rural employment and contribute to territorial development. In order to promote a more balanced distribution of support and to reduce administrative burden for beneficiaries of small amounts, Member States should have the option of offering to small farmers the possibility of replacing the other direct payments by providing a round some payment for small farmer. However, with a view to further reducing the administrative burden, Member States must be authorised to automatically include certain farmers, initially, within the simplified scheme, offering them the possibility of withdrawing from it by a specific deadline. In line with the principle of proportionality, the Member States must be given the possibility of establishing for small farmers that participate in the simplified scheme a reduced system of cross-compliance checks.
Amendment 1319 #
2018/0216(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) to strengthen the socio-economic fabric of rural areas by placing special emphasis on pursuing a fair standard of living for the agricultural community, in accordance with Article 39(b) TFEU, and on tackling rural depopulation, mainly in areas with low population levels.
Amendment 1340 #
2018/0216(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
Another cross-cutting objective shall be to promote relations between the various actors in the food-value chain, strengthening contractual relations and incorporating tools to improve market transparency, such as price observatories, devising standards for the analysis of production costs and setting up early- warning systems to prevent crisis situations in markets.
Amendment 1613 #
2018/0216(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Nevertheless, Member States may establish exemptions from administrative penalties during periods in which there are no suitable alternatives to the use of certain plant or animal health products which are prohibited or subject to restrictions.
Amendment 2040 #
2018/0216(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. In specific situations, where, owing to the nature of the farming system, farmers do not have land but have been granted aid in the form of the basic payment at the entry into force of this regulation, basic income support shall be an amount per holding.
Amendment 2175 #
2018/0216(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
Member States may establish for small farmers participating in this scheme a simplified system for the cross-compliance checks laid down in the Regulation of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013.
Amendment 2539 #
2018/0216(COD)
Proposal for a regulation
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
Member States may add other production sectors to those listed in the first paragraph, provided that this is shown to be justified following a needs analysis.
Amendment 3521 #
2018/0216(COD)
Proposal for a regulation
Article 68 – paragraph 3 – subparagraph 1 – point f
Article 68 – paragraph 3 – subparagraph 1 – point f
f) investments in irrigation which are not consistent with the achievement of good status of water bodies, as laid down in Article 4(1) of Directive 2000/60/EC, including expansion of irrigation affecting water bodies whose status has been defined as less than goodefined in the relevant river basin management plan; under Article 4(1) of Directive 2000/60/EC,
Amendment 3834 #
2018/0216(COD)
Proposal for a regulation
Article 73 – paragraph 1 – subparagraph 1
Article 73 – paragraph 1 – subparagraph 1
The Managing Authority of the CAP Strategic Plan or other designated intermediate bodies shall define selection criteria for interventions relating to the following types of interventions: investments, installation of young farmers and new farmers, rural business start-up, cooperation, knowledge exchange and information, specific measures in favour of rural women, after consultation of the Monitoring Committee referred to in Article 111. Selection criteria shall aim to ensure equal treatment of applicants, better use of financial resources and targeting of the support in accordance with the purpose of the interventions.
Amendment 3990 #
2018/0216(COD)
Proposal for a regulation
Article 85 – paragraph 3 a (new)
Article 85 – paragraph 3 a (new)
3a. The financial envelope for the EAFRD shall include an additional specific amount in those rural areas with low population levels.
Amendment 109 #
2018/0197(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In addition, investments under the ERDF should contribute to the development of a comprehensive high- speed digital infrastructure network, particularly in rural areas, and to promoting clean and sustainable multimodal urban mobility.
Amendment 163 #
2018/0197(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Trans-European transport networks projects in accordance with Regulation (EU) No 1316/2013 shall continue to be financed from the Cohesion Fund via both shared management and the direct implementation mode under the Connecting Europe Facility ('CEF'). These networks must prioritise investment in road transport networks in rural areas, especially in sparsely populated areas, in order to foster interconnectivity between cities and the countryside, promote rural development, and combat both rural depopulation and the overcrowding of urban centres.
Amendment 174 #
2018/0197(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to maximise the contribution to territorial development, actions in this field should be based on integrated territorial strategies including, especially in sparsely populated rural areas and in urban areas. Therefore, the ERDF support should be delivered through the forms set out in Article 22 of Regulation (EU) 2018/xxxx [new CPR] ensuring appropriate involvement of local, regional and urban authorities.
Amendment 221 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – point ii
Article 2 – paragraph 1 – point a – point ii
(ii) reaping the benefits of digitisation for citizens, companies and governments at regional and local level, with a special focus on rural areas, mountainous areas, areas that are difficult to access, areas affected by industrial transition and regions that suffer from severe and permanent natural or demographic handicaps;
Amendment 375 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – point iv a (new)
Article 2 – paragraph 1 – point d – point iv a (new)
(iv a) providing support for physical, economic and social regeneration in deprived communities (in urban and rural areas).
Amendment 407 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – point ii
Article 2 – paragraph 1 – point e – point ii
(ii) fostering the integrated social, economic and environmental local development, cultural heritage and security, including for rural areas, mountain regions, sparsely populated areas, certain islands and coastal areas, alsos well as other types of territory, through community-led local development.
Amendment 424 #
2018/0197(COD)
(iib) supporting integrated territorial development for NUTS level 3 areas, areas with ageing populations and rural areas in order to improve their transport and telecommunications infrastructure, to bridge the digital divide (including between generations), and to improve public services, including eLearning, co- working and eHealth.
Amendment 768 #
2018/0197(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Areas facing demographic challenges In operational programmes that are co- funded by the ERDF and cover areas facing severe and permanent natural or demographic challenges such as those referred to in Article 174 TFEU, special attention must be paid to addressing the challenges facing those areas. In particular, NUTS level 3 areas or clusters of local administrative units (LAUs) with a population density of below 12.5 inhabitants per km2 for sparsely populated areas or below 8 inhabitants per km2 for very sparsely populated areas, or with an average population decrease of more than 1% between 2007 and 2017 shall be subject to specific regional and national plans to enhance attractiveness, increase business investment and boost the accessibility of digital and public services, including a fund in the cooperation agreement.
Amendment 148 #
2018/0196(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Particular attention should be paid to rural areas, mountain areas, areas hard to reach, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps.
Amendment 250 #
2018/0196(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The decline in the working population in relation to the population as a whole, coupled with an ever-increasing percentage of pensioners, and the problems associated with population dispersion are expected to impose continuing strains, especially on Member States’ education systems and social safety nets and hence on the Union’s economic competitiveness. Adaptation to these demographic shifts is one of the main challenges facing Member States and regions in the years ahead and should accordingly be a focus of particular attention in the regions most affected by demographic change.
Amendment 435 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) Investment for jobs and growth, including strategic infrastructure investments in the Member States and regions most affected, to be supported by the ERDF, the ESF+ and the Cohesion Fund, so as to help ensure the necessary public service provision, while improving personal prospects and employment opportunities in the area concerned; and
Amendment 622 #
2018/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(ga) where applicable, an integrated approach to address demographic challenges for the regions or the specific needs of geographical areas which suffer from severe and permanent natural or demographic handicaps as referred in Article 174 TFEU.
Amendment 973 #
2018/0196(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a Programming in areas with severe and permanent natural or demographic handicaps In programmes covering areas with severe and permanent natural or demographic handicaps, as referred to in Article 174 TFEU, particular attention shall be paid to the specific difficulties of those areas. In particular, NUTS level 3 areas or clusters of local administrative units (LAUs) with a population density below 12.5 inhabitants per km2 for sparsely populated areas or below 8 inhabitants per km2 for very sparsely populated areas, or with an average annual population decrease of more than 1% between 2007 and 2017, shall be subject to specific regional and national plans to enhance attractiveness, increase business investment, and promote social inclusion, through preparatory programmes for people living in declining regions, social and digital inclusion for women, young people, and older adults, and digital and public service accessibility, including dedicated funding under the partnership agreement1 a. NUTS level 3 areas where the fall in GDP has been above the national average since 2007 shall also be subject to regional and national plans to enhance economic attractiveness and build capacity within the existing labour force, and build and attract new capacities and workers, which shall be financed by dedicated funding under the partnership agreement. _________________ 1a As called for in the 2012 ESPON study entitled ‘Making the best of Europe’s sparsely populated areas on making geographic specificity a driver for territorial development in Europe’.
Amendment 1823 #
2018/0196(COD)
Proposal for a regulation
Article 103 – paragraph 2 – subparagraph 2
Article 103 – paragraph 2 – subparagraph 2
That decision shall also set out the annual breakdown of the global resources per Member State under the European territorial cooperation goal (Interreg). Therefore, the minimum overall allocation of the Funds, at both national and regional level, shall be equal to 76 % of the budget allocated to each Member State or region during the period 2014- 2020. In any case, no region which is downgraded in category shall receive less than what it receives in the 2014-2020 financial framework.
Amendment 1922 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point a
Article 106 – paragraph 3 – subparagraph 1 – point a
(a) 7085 % for the less developed regions;
Amendment 1944 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point b
Article 106 – paragraph 3 – subparagraph 1 – point b
(b) 5570 % for the transition regions;
Amendment 1959 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point c
Article 106 – paragraph 3 – subparagraph 1 – point c
(c) 450 % for the more developed regions.
Amendment 1963 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point c a (new)
Article 106 – paragraph 3 – subparagraph 1 – point c a (new)
(ca) No region that is downgraded in category may have its co-financing rate cut by more than 10 points compared with the period 2014-2020.
Amendment 1965 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 2
Article 106 – paragraph 3 – subparagraph 2
The co-financing rates set out underlaid down in point (a), shall also apply to outermost regions and those regions which have depopulation problems (less than 12.5 inhabitants per square kilometre at NUTS 3 level).
Amendment 1987 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 a (new)
Article 106 – paragraph 3 a (new)
3a. The co-financing rate referred to in objective (xi) of Article [4] of the ESF+ Regulation shall not be less than 85% or more than 100%.
Amendment 2084 #
2018/0196(COD)
Proposal for a regulation
Annex XXIV – point 15 a (new)
Annex XXIV – point 15 a (new)
15a. No region which is downgraded in category shall receive less than what it receives in the 2014-2020 financial framework.
Amendment 4 #
2017/2043(BUD)
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Calls for maintaining the EU support to sports policy, the sports chapter of the Erasmus+ programme and the financing of Special Events, such as the Special Olympics in 2017;
Amendment 1 #
2017/2027(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that 175 million people are living in poverty in Latin America and the Caribbean (LAC)Latin America and the Caribbean (LAC) is a region that has experienced significant economic development in recent years, and both poverty and inequality levels have fallen; stresses, however, that 175 million people are still living in poverty; notes that inequality is the maina significant obstacle to the region’s development; stresses that economic growth together with inclusive social development is the key to addressing itcrucial in order to reduce these levels;
Amendment 9 #
2017/2027(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that since the European Union is the largest donor of aid to the LAC region, withdrawing it, including aid to middle-income countries, would be a backward step that would impede the region’s future development; calls on the Commission and Council to make an unambiguous commitment with LAC (particularly MSME), taking due account of the future EU / ACP partnership, to leave no one behind and alleviate the impact on countries that have recently achieved middle-income status or are in a process of transition towards it;
Amendment 21 #
2017/2027(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Condemns the action taken by the governments of some countries which have refused to accept international humanitarian assistance, thereby making it impossible for those countries’ most basic needs to be addressed; calls on the HR/VP to urge the relevant authorities to allow the entry of such assistance and to put forward an assistance plan for each country;
Amendment 28 #
2017/2027(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to step up efforts to combat corruption and impunity, to ensure the separation of powers and equal access to an independent, professionalised and impartial judicial system and to strengthen administration;
Amendment 37 #
2017/2027(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Believes public policies, private initiative and public education and training to be fundamental in order to opening up opportunities for the nearly 30 million young people not in employment, education or training to be fundamental;
Amendment 39 #
2017/2027(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights the importance of looking into ways of increasing the involvement of the private sector and foreign investment, within a framework upholding human, environmental and labour rights, guaranteeing the legal certainty of investments and the principle of corporate social responsibility and in which investors sign up to and apply the United Nations principles for responsible investment;
Amendment 48 #
2017/2027(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Stresses that economic growth and trade alone are not sufficient to reduce poverty and inequalityre key elements in achieving the sustainable development goals; calls for policies that contribute to achievreducing dipoversified,ty and inequality through sustainable and inclusive growth, with a strong emphasis on social issues;
Amendment 56 #
2017/2027(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Points out that LAC is highly vulnerable to natural disasters, a majority of which are attributable tos a result of its geographical and geological situation combined with the consequences produced by climate change; calls on the Commission and the LAC countries to tackle the underlying causes and to take climate-resilience measures and to pay particular attention to the speed, mobilisation and amount of humanitarian assistance in the event of emergencies;
Amendment 67 #
2017/2027(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Urges for better coordination between policies and programmes supporting the LAC region, as well as the outermost regions and overseas countries and territories; calls for the political commitments made at the EU- LAC regional summits to be honoured, and, to that end, formet and accompanied by the allocation of the necessary financial resources to be provided.;
Amendment 89 #
2016/2307(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas the EU is facing demographic challenges that are not only related to ageing population and the decrease of birth rate, but also include other elements such as depopulation;
Amendment 266 #
2016/2307(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses the need for the Commission and the Member States to reach a stronger commitment to apply Article 174 of the TFEU; emphasises that greater territorial cohesion implies greater economic and social cohesion, and therefore calls for strategic investment in those regions, in particular broadband network, with a view to making them more competitive, improving industry and territorial structure and, ultimately, stabilising the population in those areas;
Amendment 269 #
2016/2307(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Calls on the Commission to introduce policies designed to combat demographic decline and the dispersion of the population; stresses that the European Union's cohesion policy should prioritise attention for regions suffering demographic decline;
Amendment 118 #
2016/2101(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission and the Member States to show greater commitment to combating demographic challenges through implementation of the cohesion policy, as laid down in Article 174 TFEU, especially in those regions which suffer from severe and permanent natural or demographic handicaps; considers that with reference to the European Semester, the focus on demographic problems should be widened to take in other aspects that go beyond the impact of ageing on national budgets; is of the opinion that these points should be included in the country-specific recommendations as a sign of not just national but also regional and local awareness; reiterates that territorial cohesion needs to be strengthened through strategic investment in areas suffering from serious demographic problems, in order to increase competitiveness, improve the industrial fabric and territorial cohesion, and, ultimately, maintain population levels;
Amendment 202 #
2016/2095(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the need for the Commission and the Member States to reach a stronger commitment to applying Article 174 of the TFEU, particularly in regions with serious and permanent natural or demographic disadvantages, such as low population density or sparsely populated island and mountainous regions; Emphasises that greater territorial cohesion implies greater economic and social cohesion, and therefore calls for strategic investment in those regions with a view to making them more competitive, improving industry and territorial structure and, ultimately, stabilising the population in those areas;
Amendment 215 #
2016/2095(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to introduce policies designed to combat demographic decline and the dispersion of the population; stresses that the European Union’s cohesion policy should prioritise attention for regions suffering demographic decline;
Amendment 254 #
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, transfer and protection of third- country nationals and stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of the Member States with a view to granting them international protection.
Amendment 291 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) the UNHCR's annual report on projected global resettlement needs.
Amendment 292 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Amendment 323 #
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, gender, sexual orientation, 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 349 #
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)
– elderly people
Amendment 383 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a – point ii a (new)
Article 6 – paragraph 1 – point a – point ii a (new)
(iia) have been or are part of a terrorist group
Amendment 422 #
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 in the year preceding that in which it is to be implemented., and the European Parliament shall be informed:
Amendment 426 #
2016/0225(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the maximum total number of persons to be resettled taking account of the UNHCR's annual report on projected global resettlement needs;
Amendment 514 #
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 fourtwo months 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 months, where complex issues of fact or law are involved.
Amendment 526 #
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 representativeMembers of the European Parliament, the Council, the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, and the Member States. [The European Union Agency for Asylum,] UNHCR, and IOM mayshall 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 407 #
2016/0131(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission and Member-States, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.
Amendment 426 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) verify the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the judicial system, to handle and manage asylum cases efficiently and correctlyin accordance with EU law.
Amendment 438 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
For that purpose, Member States shall, at the request of the Agency, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. The Member States shall also cooperate with the Agency and shall facilitate and actively support any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.
Amendment 440 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Agency shall assess the capacity and readiness of Member States to meet challenges from possiblresent and future disproportionate pressure on their asylum and reception systems. The Agency may request Member States to provide it with their contingency planning for measures to be taken to deal with such possible disproportionate pressure and shall assist Member States to prepare and review their contingency planning, where necessary.
Amendment 443 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. The previous paragraphs are without prejudice to the competences of the European Commission foreseen in the Treaties, including article 258 on the Treaty on the Functioning of the European Union.
Amendment 444 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3 b (new)
Article 13 – paragraph 3 b (new)
3 b. For the purposes of paragraph 1, the Agency shall receive anonymised data from Eurodac in real time.
Amendment 466 #
2016/0131(COD)
2 a. If an on-site visit reveals serious deficiencies deemed to jeopardize the functioning of the CEAS or to constitute a serious threat to public policy or internal security within the area without internal borders, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall inform the European Parliament and the Council as soon as possible thereof.
Amendment 480 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5 a. Upon request of the European Parliament, the Agency shall transmit any document pertaining to the monitoring exercise.
Amendment 483 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Agency shall inform the Commission and the European Parliament on a regular basis of the implementation of the action plan.
Amendment 490 #
2016/0131(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. If an on-site visit reveals serious deficiencies deemed to jeopardize the functioning of the CEAS or to constitute a serious threat to public policy or internal security within the area without internal borders, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall inform the European Parliament and the Council as soon as possible thereof.
Amendment 493 #
2016/0131(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Upon request of the European Parliament, the European Commission shall transmit any document pertaining to the monitoring exercise.
Amendment 504 #
2016/0131(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point i a (new)
Article 16 – paragraph 3 – point i a (new)
(i a) Assist Member States in ensuring all the necessary safeguards for vulnerable groups are in place;
Amendment 522 #
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 experton the profiles of experts. The Agency may verify whether the experts proposed by the Member States correspond to the defined profiles.
Amendment 529 #
2016/0131(COD)
Proposal for a regulation
Article 18 – paragraph 3 b (new)
Article 18 – paragraph 3 b (new)
3 b. if a situation arises in which more experts are required than provided for under paragraphs 1, the executive director shall immediately inform the European Parliament, the Council and the Commission. He or she shall also call upon the Council to seek commitments from Member States to meet the shortage.
Amendment 570 #
2016/0131(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The Member State concerned shall comply with the Commission decision referred to in paragraph 3. 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 578 #
2016/0131(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. The Agency shall be responsible for ensuring the security of its own equipment throughout the life cycle of the equipment.
Amendment 599 #
2016/0131(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3 a. With regard to the processing of personal data under Article 17, the host Member State shall be considered as a data controller in accordance with Union data protection rules.
Amendment 620 #
2016/0131(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
The Agency shall cooperate with international organisations, in particular UNHCR, in areas governed by this Regulation, within the framework of working arrangements concluded with those bodies, in accordance with the Treaty and the provisions on the competence of those bodies. The Agency can enter into emergency standby agreements with international organizations and non-governmental organizations to complement the Agency operational and technical assistance to Member States, in particular by setting up reception facilities, providing information to asylum seekers or providing for specific needs of vulnerable groups. The Management Board shall decide on the working arrangements which shall be subject to prior approval of the Commission. The Agency shall inform the European Parliament of any such arrangements.
Amendment 642 #
2016/0131(COD)
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board from a list of at least three candidates proposed by the Commission, following an open and transparent selection procedure. The Executive Director shall be appointed on the ground of merit and documented high- level administrative and management skills as well as senior professional experience in the field of migration and asylum.
Amendment 645 #
2016/0131(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. Before appointment, the candidate selected by the Management Boards proposed by the Commission may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members. Following such a statement, the European Parliament shall adopt an opinion setting out its views and may indicate a preferred candidate. The Management Board shall appoint the executive director taking these views into account. The management board shall take its decision by a two thirds majority of all member with a right to vote. If the Management board takes a decision to appoint a candidate other than the candidate whom the European Parliament indicated as its preferred candidate, the management board shall inform the European Parliament and the Council in writing of the manner in which the opinion of the European Parliament was taken into account.
Amendment 653 #
2016/0131(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
Amendment 654 #
2016/0131(COD)
Proposal for a regulation
Article 47 – paragraph 2 a (new)
Article 47 – paragraph 2 a (new)
2 a. The deputy executive director shall be appointed by the management board on the proposal of the executive director. The deputy executive director shall be appointed on the grounds of merit and appropriate administrative and management skills as well as senior professional experience in the field of migration and asylum. The executive director shall propose at least three candidates for the post of deputy executive director. The management board shall take its decision by a two thirds majority of all members with a right to vote.
Amendment 677 #
2016/0131(COD)
Proposal for a regulation
Article 60 – paragraph 1 a (new)
Article 60 – paragraph 1 a (new)
1 a. Classified information shall be made available to the European Parliament in accordance with this Regulation. The transmission and handling of information and documents transmitted to the European Parliament in accordance with this Regulation shall comply with the rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.
Amendment 684 #
2016/0131(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Amendment 37 #
2016/0105(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – introductory part
Article 1 – paragraph 1 – point 1 – introductory part
(1) In Article 2, the following points 22, 23, 24, 25 and 25a are added:
Amendment 40 #
2016/0105(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 2 – point 25 a (new)
Article 2 – point 25 a (new)
25a. 'confirmation of the authenticity and integrity of the chip data' means the process by which it is verified, through the use of certificates, that the data on the chip originates from the issuing authority and that is has not been changed.
Amendment 41 #
2015/2342(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas 6.7 million refugees are living in protracted displacement situations – estimated to last on average about 26 years – with a total lack of perspectives; whereas durable solutions to displacement remain unacceptably low and this makes it necessary to view forced displacement as a political and development challenge, not an exclusively humanitarian one;
Amendment 70 #
2015/2342(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the EU response has mobilised different internal and external instruments, but appears to have been excessively focussed on the short term and on reducing or stopping flows; whereas this short-term approach does not address the causes of forced displacement and migration flows neither the humanitarian needs of migrants;
Amendment 77 #
2015/2342(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas according to Article 208 of the Lisbon Treaty development assistance aims at reducing and eventually eradicating poverty in third countries;
Amendment 93 #
2015/2342(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas mobility of people represents a great factor of growth for countries, including the EU, through the provision of adequate facilities (housing, education, languages) by fostering public and private sectors investments; whereas positive narratives should be developed to depict migration movements not just as a challenge to security and stability because of uncontrolled movements of people, but also as an opportunity for host countries, as this can also counter extremism and populism;
Amendment 127 #
2015/2342(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that this high level of human mobility responds to multiple, complex causes that require evidence- based decisions to differentiate its elements and develop targeted policy responses; underlines the need for the EU and its Member States to take into account this current reality and develop a new approach to the movement of people based on real data and the EU's interests, by fostering the resilience of people by increasing their access to basic services, notably education, and their integration and contribution to local contexts by providing opportunities for employment and self-employment;
Amendment 171 #
2015/2342(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that EU development cooperation should continue to address the root causes of forced displacement by promoting peace, democracy and security, reducing poverty and inequality, strengthening basic services, addressing state fragility and promoting human rights and good governance, in line with Sustainable Development Goal 16 in the new 2030 Agenda; highlights the need to focus on the socioeconomic aspects of the migration phenomenon and promote the creation of decent jobs and real economic opportunities so as to make migration a choice and not an obligation; notes that a successful policy should recognize the need of creating economic resilience in both host and origin countries;
Amendment 191 #
2015/2342(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the EU's commitment to humanitarian assistance – as the world largest donor – and calls on EU and Member States to fulfil the pledges already made and increase their financial commitments in line with the rise in humanitarian needs; notes that the humanitarian response will always be the first element of the response to displacement crises; stresses that international law and the humanitarian principles of humanity, neutrality, impartiality and independence need to remain the guiding framework of the EU's humanitarian response to refugee and forced displacement crises;
Amendment 224 #
2015/2342(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Underlines that, in line with EU principles, an overall objective of the EU external migration policies should be to establish a multilateral governance regime for international migration, for which the recent UN High-Level Meeting is a first step;
Amendment 243 #
2015/2342(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that global cooperation should be built-up upon regional and sub- regional cooperation and mobility frameworks, including those between developing regions; calls on the Commission to strengthen cooperation frameworks with regional organisations such as the African Union, League of Arab States, Gulf Cooperation Council that can also encourage the management of intra-regional mobility, with the African continent as a priority; expresses support for the reinforcement of initiatives of South-South mobility;
Amendment 272 #
2015/2342(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Highlights the international law obligations regarding refugees and calls all countries which have not done so to ratify and implement the Refugee Convention and its Protocol; calls on countries to expand the protection to internally displaced persons, as is done in mechanisms like the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), and to expand the definition of refugees to include those forcibly displaced by extreme poverty, climate change or natural disasters;
Amendment 277 #
2015/2342(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Underlines the need to boost opportunities for education; calls for harmonization of qualification recognition policies and Protection of migrant workers' rights and social security coverage in line with core ILO conventions; calls for the signature and ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families;
Amendment 296 #
2015/2342(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that temporary or subsidiary protection based on the assumption that refugees will return home as early as possible, creates a lack of perspective and of opportunity for integration; reminds the importance of the positive role that refugees can play in the reconstruction of their societies, upon returning to their countries or from abroad;
Amendment 302 #
2015/2342(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Commends the work, despite all difficulties and dangers, of local and international NGO and civil society organisations in delivering urgent and in many cases life-saving assistance to the most vulnerable ones whether in countries of origin, transit or destination of refugees and migrants, which has, in many cases, filled the gap left by the States and international community at large;
Amendment 307 #
2015/2342(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that EU external action should be forward-looking instead of mainly reactive with changing objectives in response to new crises; recalls that the migration phenomenon stems from a complex set of causes such as a growing population, poverty, insufficient job creation, political instability and climate change; underlines the essential need to reinforce policy coherence at two levels: between internal and external EU policies, and –within external action itself– between the enlargement policy, the European neighbourhood policy, the bilateral relations with EU strategic partners, as well as development and trade policies;
Amendment 336 #
2015/2342(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the need to put in place a comprehensive approach to external conflict and crises by implementing a mapping of the direct and indirect economic, environmental, social, fiscal and political impacts of displacement on third countries in order to better adjust development policies to their needs.
Amendment 348 #
2015/2342(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for the establishment of a genuine, value-based common European migration policy – with adequate legal channels for migration as a sustainable long-term policy to promote growth and cohesion within the EU – in order to set a clear framework for EU relations with third countries; welcomes the EU Action Plan against migrant smuggling (2015-2020), which envisages closer cooperation with third countries, but underlines that the implementation of a common EU legal migration policy would be instrumental in breaking the business model of smugglers; notes that the EU external migration policies need agreements with third countries to be guided by long-term objectives and by establishing durable partnerships; recalls that any such partnerships should be based on dialogue, common interests and mutual ownership;
Amendment 362 #
2015/2342(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the approach that the EU should set itself clear priorities and measurable objectives for any common policies and especially in dealing with third countries; underlines that Parliament should participate in the setting up of these clear objectives; considers that an EU external action based on a common approach will be the only way for a stronger and effective policy; calls for a real unified and coordinated action between the EU and the Member States, as unilateral initiatives, whether in internal or external affairs, can undermine the viability and success of our common policies and interests;
Amendment 430 #
2015/2342(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines that EU assistance and cooperation is tailored to achieve development and growth in third countries, thereby also fostering growth within the EU, and that migration flows are an international reality and should not become an indicator of the performance of EU policies in third countries;
Amendment 434 #
2015/2342(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Draws the attention to the intention of revising development cooperation programming documents to deliver on the new migration compacts; stresses that this revision needs to be done in line with development effectiveness principles and in dialogue with partner countries; calls for the European Parliament to be fully involved at all stages of the revision, including programming documents part of the European Development Fund (EDF);
Amendment 439 #
2015/2342(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is extremely concerned by the continuing conflict in Syria, in which violence against civilians and violations of international humanitarian law over the past five years have led to the forced displacement of half of the country; expresses its full support to Lebanon and Jordan, which continue to demonstrate extraordinary solidarity in hosting millions of refugees in spite of limited resources; reminds that a great part of these populations continue to live in deprived conditions with none or limited access to legal recognition, health and education systems or job markets; calls on the EU and its Member States to continue and step-up its cooperation and dialogue with Lebanon and Jordan, as with other third host countries, to ensure that, first, refugee populations can enjoy decent living conditions, access to basic services, and are granted rights to free movement and work opportunities, and, second, that funds reach their final objectives; stresses that this should be coupled with assistance to the host communities;
Amendment 452 #
2015/2342(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that, following the implementation of the political agreement reached by the Member States and Turkey on 16 March, the flows of people reaching frontline Member States has decreased; underlines the concerns regarding this political agreement as stated publicly by international humanitarian organizations, particularly with regard to the respect of international law and human rights; warns against the replication of this model in other countries as it is necessary to take into consideration each country and region's own singularities;
Amendment 477 #
2015/2342(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Underlines that the EUR 3.35 billion earmarked for the new European Fund for Sustainable Development (EFSD) as part of the EIP correspond to over 5% of the total funds available from EDF, DCI and European Neighbourhood Instrument (ENI) under the multiannual financial framework (MFF); calls on the Commission to provide more details regarding this estimation, the expected impact, and to indicate on which assumption it expects Member States, other donors and private partners to contribute by up to 44 billion to it, while some Member States have yet to contribute to current Trust Funds;
Amendment 511 #
2015/2342(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Expresses concerns that the 2017 EU draft budget foresees an increase in the management of migration flows or internal security initiatives at the expenses of EU cohesion funds and action in the world;
Amendment 513 #
2015/2342(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Welcomes and supports the initiatives of the European Investment Bank to sustain economic resilience in the EU's Southern Neighbourhood and the Western Balkans regions through projects that lead to job creation, economic resilience and poverty reduction in line with the European Union's external policies;
Amendment 540 #
2015/2342(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Welcomes the deployment of European Migration Liaison Officers to priority countries as a first step to reinforce the EU's cooperation with third countries in the field of migration; recommends the reinforcement of staff for Justice and Home Affairs within the EU Delegations with a clear mandate to develop coordination within the Member States;
Amendment 543 #
2015/2342(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Underlines the need for a decentralised approach instead of carrying on with a centralised approach from Brussels, by making better use of EU Delegations - which have become in a very short period of time a tool of great value -; and applying greater flexibility and shorter programming period especially for countries at risk; calls for the appointment of regional coordinators with the capacity to lead on development and cooperation and external relations to ensure a coherent approach based on the local reality on the ground;
Amendment 544 #
2015/2342(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Recommends the promotion, with the support of the EU, of information campaigns in third countries to inform citizens of their mobility rights and obligations and alert them of the risks they could face during their journey - particularly with regards to smugglers and traffickers - in order to facilitate the most informed decision;
Amendment 545 #
2015/2342(INI)
Motion for a resolution
Paragraph 21 d (new)
Paragraph 21 d (new)
21d. Demands that twinning programmes and TAIEX action be used better, not simply for exchanges of best practices and training but for development and cooperation with special effort to countries under pressure;
Amendment 546 #
2015/2342(INI)
Motion for a resolution
Paragraph 21 e (new)
Paragraph 21 e (new)
21e. Stresses that targeted support based on local situation is a key element to an efficient and results-oriented policy, and that such support should be negotiated with third countries; calls on the Commission and the Member States to develop clear and measurable objectives to be implemented by the financial instruments including Trust Funds, in a coherent and coordinated way;
Amendment 3 #
2015/2110(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that organised crime frequently has a transnational dimension; highlights the need for a joint acdeplores that corruption baseand mon accessible information and increased cooperation between the police and the judicial authorities of various Member States and developing countries, which should be assisted byey laundering amount to 5 percent of annual global GDP and that in developing countries, funds lost to corruption are estimated to represent 10 times the amount of ODA; highlights the need for a comprehensive framework requiring active participation by international and regional organisations, state actors, private sector and hoc joint coordination bodiescivil society on the basis of transparency and mutual accountability;
Amendment 13 #
2015/2110(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the EU to further support the creation and strengthening ofonsolidation of public administration and the adoption of adequate anti- corruption legislative frameworks in partner countries, notably in post-conflict and transition countries where state institutions are weak; insists on the need to reinforce regional and specialised police and judicial networks in developing countries, and to share the best practices and know-how of Europol, Eurojust and the European Judicial Network;
Amendment 17 #
2015/2110(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that corruption not only affects economic capacities and infrastructures in developing countries, it also hinders development efforts and increases inequalities, with a greater impact on the most vulnerable populations; insists on the need systematically to integrate anti-corruption measures into development policies and as part of the EU's relations with third countries;
Amendment 18 #
2015/2110(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recalls that the fight against all forms of organised crimes, including corruption, illicit financial flows and stolen assets is now embodied in Sustainable Development Goal 16; calls on the EU to monitor closely and track progress in this regard; considers that in order to achieve this target, EU action should further focus on supporting good governance and institution-building in developing and fragile countries;
Amendment 23 #
2015/2110(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to ensure through constant monitoring that EU aid does not directly or indirectly contribute to corruption; believes that development aid, and in particular budget support, should be subject to more conditionality to ensure developing countries' political commitment to undertake sectorial reforms and promote anti-corruption measures;
Amendment 27 #
2015/2110(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls the importance of coherence between the EU's internal and external policies and points at the need to integrate the fight against organised crime in development and security strategies as a means to restore stability in developing countries;
Amendment 31 #
2015/2110(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that people’s right to decide on their own food and agriculture systems is the solution to combatting criminal activities that cause hunger and poverty; uUrges the international community to actively confront financial speculation on foodstuffs, such as purchases at low prices in vast agricultural areas and land grabbing by large multinational agro companies, taking into consideration the detrimental impact on small producers;
Amendment 36 #
2015/2110(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 5 #
2015/2095(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the migration crisis can be addressed only within the context of a European approach and not solely by bilateral meetings among Members States; calls for awelcomes the new European agenda on migration under the leadership of the Commission and the European Council, underpinned by solidarity among the Member States. This agenda might include the replacement of the Dublin regulation withConsideration should be given to the revision of the Dublin regulation and the correct development of a centralised European asylum system;
Amendment 25 #
2015/2095(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes the planned increase in funding for asylum and immigration in the 2016 draft budget; draws attention, should the increases prove insufficient, to the EUR 360 000 000 in unused funds which are available following the overestimate of the cost of implementing the Smart Borders package.
Amendment 27 #
2015/2095(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates the complexity of the development-migration nexus, diverging from the common view of development as a means to reduce, if not eliminate, migration, without denying that development can help mitigate some of the causes of forced migration, such as conflicts or state fragilityand highlights the need to work effectively with third countries to identify the causes that lead to these migration flows rather than focusing exclusively on their consequences; recalls that emigration rises with economic development until countries reach an upper-middle-income country status (around USD 7000-8000 per capita), at which point it begins to decrease;
Amendment 34 #
2015/2095(INI)
Motion for a resolution
Citation 38 a (new)
Citation 38 a (new)
- having regard the eighth biannual report on the functioning of the Schengen area adopted on 15 December 2015;
Amendment 48 #
2015/2095(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the right to leave any country, including one’s own, is enshrined in Article 13 of the UN Universal Declaration of Human Rights; stresses that, while this is a liberty and a fundamental right that should benefit everybody, only citizens of the ‘global North’ and the wealthiest citizens of the ‘global South’ can truly exercise this right; stresses the need to better and fully implement the principle of ‘non-refoulement’, which, particularly for asylum seekers, is the corollary of the right to migrate; highlights the clear distinction between economic migrants and refugees enjoying international protection; stresses the need to better and fully implement the no-return principle, ensuring that, where returns do take place, they are carried out in conditions of dignity, with guarantees for the individual concerned and in full compliance with international legislation;
Amendment 57 #
2015/2095(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers the issues and problems faced by women migrantsvulnerable groups of people (such as women, the elderly, children, people with special needs, minorities and others) in the migration process and its impact on women’stheir empowerment and human rights to be of major importance; stresses that an explicit genderinclusive perspective in migration policies that takes account of the specific features of each vulnerable group is vital; calls in particular for gender discrimination to be removed in the legal aspects of migration; insists, likewise, on the need to respect the human and individual rights of the weakest among the migrants, namely women and children (including the need for education for migrating and refugee children), the elderly, people with special needs, minorities and others, and on the need to include these rights in the post-2015 development agenda;
Amendment 66 #
2015/2095(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas many parts of the African continent are ravaged by terrible violence (perpetrated by, among others, terrorist groups such as Boko Haram or ISIS) and suffer the combined effects of extreme poverty, environmental degradation and a lack of opportunities for young people, which could engender more violence and insecurity in the region and lead to further population movements towards the Mediterranean;
Amendment 73 #
2015/2095(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission and the EU to fully respect the principle of Policy Coherence for Development (Article 208 of the Treaty on the Functioning of the European Union) in its migration and Mediterranean policies, and in particular in the implementation of its European Agenda on Migration; highlights the importance of guaranteeing policy coherence and coordination between the EU’s external action and security, humanitarian aid and development cooperation policies;
Amendment 87 #
2015/2095(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to review Europe Aid’s evaluation and results- oriented monitoring systems, whichguarantee the effectiveness of aid and ensure that it reaches those who need it most; points out that continuous assessments of the current systems, in particular mobility agre essential for planning, designing andements and readmission and return agreements, are essential for implementing EU policies and interventions, and for enhancing transparency and democratic accountability.
Amendment 93 #
2015/2095(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises the need for a fresh approach on Africa, including better opportunities for trade and development, enabling sustainable economic growth while also boosting our cooperation with third countries of origin and transit, particularly on topics such as irregular migration, people trafficking, combating corruption and promoting good governance, as set out in Sustainable Development Goal 16 of the global development framework after 2015.
Amendment 95 #
2015/2095(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the EU and Member States to improve their humanitarian aid and support mechanisms for neighbouring countries in conflict zones, which are hosting the largest number of refugees, in particular Jordan, Lebanon and Turkey; welcomes the Commission’s commitment to increase its financial support for these countries.
Amendment 96 #
2015/2095(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Welcomes the setting-up of an Emergency Fund for Africa as an effective instrument for combating destabilisation, forced displacement and irregular migration; stresses the need to mobilise funds from both Member States and international partners.
Amendment 220 #
2015/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that solidarity must be the principle upon which Union action on migration is based; notes that the principle of solidarity, as set out in Article 80 TFEU, covers asylum, immigration and border control policies; takes the view that Article 80 provides a legal basis ‘jointly’ with Articles 77-79 TFEU to implement the principle of solidarity in those areas; calls on all Member States to show concrete solidary by taking their shared responsibility in receiving people in need of international protection.
Amendment 303 #
2015/2095(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the positive role played by navy vessels in saving lives at sea and in disrupting criminal networks, smugglers and traffickers to date; supports the aims of navy operations such as Operation Sophia, and stresses the need to protect life, emphasising that all aspects of the operation should ensure that migrant lives are protected;
Amendment 316 #
2015/2095(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that military operations should not be the predominate aspect of any holistic approach to migration and reiterate, but are important to save lives and combat smugglers; considers that CFSP Operation "Sophia must not distract" and Mare Sicuro are an essential contribution to the effectiveness of search and rescue operations and to the assets already deployed in the Mediterranean forom saving lives at sea;
Amendment 321 #
2015/2095(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. welcomes the recent decision to use NATO assets in the Eastern Mediterranean to combat traffickers and smugglers who are exploiting innocent migrants
Amendment 430 #
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 in particular based on their skills and competences; 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;
Amendment 632 #
2015/2095(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Believes that the asylum systems of some frontline Member States are already clearly overburdened and that the Temporary Protection Directive should – under its own logic – have been triggered; calls, in any case, for a clear definition of ‘mass influx’ to be established upon revision of this directive; understands that such a revision of the Temporary Protection Directive can form part of the review of the Dublin system;
Amendment 749 #
2015/2095(INI)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48 a. Recalls the importance of readmission agreements for a proper and just functioning of the Common European Asylum System and the Schengen area, along with a strengthened role of Frontex in joint return operations;
Amendment 763 #
2015/2095(INI)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49 a. Reiterates that the Union databases, such as EURODAC and SIS II capabilities should be fully used in this regard;
Amendment 837 #
2015/2095(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Re-emphasises how essential it is that, once Union legislation has been agreed upon and adopted, the Member States implement it. Calls therefore on the Member States to uphold their side of the bargain and fully implement thatEU legislation;
Amendment 859 #
2015/2095(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Notes the receCommends the important role of Frontex in rendering assistance to any vessel or person in distress at sea, and acknowledges its contribution, through the Triton and Poseidon joint operations, to the rescuing and saving of many lives in the Mediterranean; stresses that all Member States should provide logistical and human resources and participate to joint- operations;
Amendment 893 #
2015/2095(INI)
Motion for a resolution
Paragraph 64 a (new)
Paragraph 64 a (new)
64 a. Notes that the New Schengen Evaluation Mechanism is a key tool to ensure high common standards and that it should be vigorously used by the European Commission;
Amendment 906 #
2015/2095(INI)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65 a. Recognizes Member-States competence to reintroduce internal border controls, while underlining that such measure is temporary in nature, requires articulation between Member States and should be used as a measure of last resort; regrets that isolated measures have been preferred to European action.
Amendment 922 #
2015/2095(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Takes notewelcomes that on 15 December 2015 the Commission came forward with a proposal for a targeted revision of the Schengen Borders Code, proposing to introduce systematic controls of all Union nationals (not only on third-country nationals) against the relevant databases at the external borders of the Schengen Area;
Amendment 946 #
2015/2095(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Calls for the set up of the hotspots to be set up as soon as possiblecompleted faster in order to give concrete operational assistance to those Member States in need;
Amendment 956 #
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 rights of all migrants; acknowledges, however, that proper identificfurther recognises the essential role of the hotspots to support Member States in the proper identification and registration of applicants for international protection at the point of first arrival in the Union should helpto facilitate the overall functioning of any reformed CEAS;
Amendment 1038 #
2015/2095(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Recalls that the Union has intensified its external cooperation with third countries in migration and asylum in order to respond adequately to the current refugee crisis, and has launched new cooperation initiatives, such as the EU-Turkey Joint Action Plan; emphasises, in that respect, the need for all parties to fulfil their commitments deriving from the Joint Action Plan, including addressing the root causes leading to the massive influx of Syrians, stepping up cooperation for the support of Syrians under temporary protection and their host communities in Turkey, and for Turkey to fulfil its commitments to prevent irregular migration flows from its territory to the Union; considers that more cooperation and support is necessary for search and rescue operations in the Aegean sea, including between Greece and Turkey; Calls on the Commission and on the Member States to speed up the disbursement of 3 billion euros to support refugees in Turkey;
Amendment 1111 #
2015/2095(INI)
Motion for a resolution
Paragraph 94 a (new)
Paragraph 94 a (new)
94a. Deplores that the UNHCR appeal to increase funding has been ignored by Member States and that WFP had to reduce their nutrition ratio to 80% because of reductions of funds; calls on the Member States and the EU to increase funding to the UN agencies and their partner NGOs in third countries;
Amendment 473 #
2015/2063(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists on the absolute necessity of stepping up the exchange of information between the law enforcement authorities in the Member States; stresses that stepping up the exchange of information between law enforcement authorities will also entail reinforcing the role of European Union agencies, such as Europol and Eurojust, Eurojust and the establishment of the European Public Prosecutor´s office as a matter of urgence;
Amendment 659 #
2015/2063(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Underlines that money laundering, tax evasion and other fiscal crimes are in some cases major sources of terrorism funding which threaten our internal security, therefore tracking and combating crimes affecting the financial interests must be a priority;
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 133 #
2015/2002(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes in the continued value of its initially stated objective of creating an area of prosperity, stability and good neighbourliness, based on the founding values and principles of the Union, through a deep structural transformation in the neighbouring countries; stresses therefore the need to go back to basics and bring this objective back to the top of the agenda;
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 197 #
2015/2002(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that local ownership, accountability and inclusiveness should be key aspects of the new approach so as to ensure that the benefits of the ENP reach all levels of society throughout the country;
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 438 #
2015/2002(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines the need for an overarching political strategy to restore the European political order while ensuring full compliance with international law and commitments, as laid down in the Helsinki Final Act of 1975, based on respect for human rights, minority rights and fundamental freedoms, independence, sovereignty and the territorial integrity of states, and peaceful resolution of conflicts; notes that the Organisation for Security and Co-operation in Europe (OSCE), as the biggest regional organisation responsible for security, can play an important role in this regard, within the framework of the United Nations;
Amendment 525 #
2015/2002(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Emphasises the need to build strong partnerships with neighbouring countries; stresses the importance of ensuring that the ENP is part of the EU's broader external policy and of taking into account the other strategic players that have influence on the neighbourhood – the ‘'neighbours of neighbours' – as well as relevant UN agencies, international and regional organisations;
Amendment 541 #
2015/2002(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the EU to take advantage of the expertise of the regional organisations to which the neighbours belong, such as the Council of Europe, the OSCE, the African Union, relevant Regional Offices of the United Nations and the League of Arab States, which are important fora in which to engage partners in carrying out reforms, to address concerns on human rights and to foster democratisation;
Amendment 554 #
2015/2002(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls for the EU to explore and identify, together with its partners, priorities for integration in different policy fields, such as economic and human development, social protection, conflict and disaster prevention, infrastructure and regional development, water, the environment, competition policies, SMEs, migration, security, energy and energy efficiency, with the aim of creating an area of prosperity, stability and good neighbourliness;
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 622 #
2015/2002(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Takes the view that the parliamentary dimension of the policy needs to be reinforced by enhancing the effectiveness of the interparliamentary meetings and parliamentary assemblies; welcomes, in this context, the new approach that Parliament has adopted to parliamentary democracy support; underlines the role played by Parliaments in ENP countries in holding governments accountable;
Amendment 630 #
2015/2002(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Emphasises that for the ENP to be a successful policy, it should also ensure that there is ownership by the Member States; calls on the Commission, therefore, to reinforce policy coordination and joint programming of financial assistance, and to provide mechanisms to foster consultation between the Member States, EU structures, and neighbouring countries and other stakeholders, including UN agencies;
Amendment 1 #
Amendment 2 #
2015/0808(CNS)
Draft legislative resolution
Paragraph 2
Paragraph 2
Amendment 3 #
2015/0808(CNS)
Draft legislative resolution
Paragraph 2
Paragraph 2
2. Calls on the Council not to adopt the draft decision until the new proposed Europol Regulation (2013/0091(COD)) enters into force, under which the procedure for concluding agreements with third States and organisations, as well as the relevant provisions and safeguards for the protection of personal data, are significantly modifiedto urgently adopt the draft decision;
Amendment 4 #
2015/0808(CNS)
Draft legislative resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;
Amendment 30 #
2015/0307(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Control atnd protection of external borders remains one of the main safeguards of the area without controls at internal bordersUnion. It is carried out in the interest of all Member States. One of the purposes of such controls is to prevent any threat to the Member States' internal security and public policy, irrespectively of the origin of such threat.
Amendment 53 #
2015/0307(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Technological developments allow in principle to consult relevant databases without delaying the process of crossing the border, as the controls on documents and persons can be carried out in parallel. It is thereforeTherefore, synergies and convergence between information systems and their corresponding infrastructure for Union border management and for customs operations should be structurally improved by making data management in the Union more effective, efficient, interoperable and compatible, with full respect for data protection requirements, in order to better protect the external borders and enhance the internal security of the Union, for the benefit of all citizens. It is also possible without negative effect on persons travelling in good faith to strengthen checks at external borders to better identify those persons who intend to hide their real identity or who are subject to relevant alerts for security reasons or for arrest. Systematic checks should be carried out at all external borders. However, if systematic checks at land and sea borders were to have a disproportionate impact on the flow of traffic at the border, Member States should be allowed not to carry out systematic checks against databases but only if based on a risk analysis assessing that such a relaxation would not lead to a security risk. Such risk assessment should be transmitted to the Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Council Regulation (EC) No 2007/20048 and be the subject of regular reporting both to the Commission and to the Agency. _________________ 8 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p.1).
Amendment 66 #
2015/0307(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States should exchange data, regularly update their existing relevant databases, make full use of existing information systems and establish the necessary technical connections to all information systems and databases, in accordance with their legal bases and obligations. Member States should, in this regard, exchange best practices with each other.
Amendment 72 #
2015/0307(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) For the purpose of maximising the benefits of existing information systems and, if necessary, develop new and complementary actions to address gaps and improve the interoperability of information systems and to ensure effective border controls at the external borders, Member States according to their needs should receive financial support from the Commission.
Amendment 14 #
2014/2040(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission's proposal to increase Europol’s annual budget; considers that the Agency's establishment plan should be adjusted to allow it to recruit additional temporary personnel, in particular cybercrime experts, criminal analysts and IT experts so that the EC3 and Europol ICT capabilities can keep up with the rising demand for support in the fight against cybercrime and serious international crime and terrorism;
Amendment 7 #
2013/2188(INI)
Motion for a resolution
Citation 37 a (new)
Citation 37 a (new)
– having regard to the Presidential Policy Directive/PPD-28 on Signals Intelligence Activities of 17th January 2014,
Amendment 8 #
2013/2188(INI)
Motion for a resolution
Citation 40 a (new)
Citation 40 a (new)
– having regard to the working document 1 on the US and EU Surveillance programmes and their impact on EU citizens fundamental rights,
Amendment 9 #
2013/2188(INI)
Motion for a resolution
Citation 40 b (new)
Citation 40 b (new)
– having regard to the working document 3 on the relation between the surveillance practices in the EU and the US and the EU data protection provisions,
Amendment 10 #
2013/2188(INI)
Motion for a resolution
Citation 40 c (new)
Citation 40 c (new)
– having regard to the working document 4 on US Surveillance activities with respect to EU data and its possible legal implications on transatlantic agreements and cooperation,
Amendment 11 #
2013/2188(INI)
Motion for a resolution
Citation 40 d (new)
Citation 40 d (new)
– having regard to the working document 5 on Democratic oversight of Member State intelligence services and of EU intelligence bodies,
Amendment 24 #
2013/2188(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in September 2001 the world entered a new phase which resulted in the fight against terrorism being listed among the top priorities of most governments; whereas the revelations based on leaked documents from Edward Snowden, former NSA contractor, put democratically electedput political leaders under an obligation to address the challenges of the increasing capabilities of intelligence agencies in surveillance activities and their implications for the rule of law in a democratic society;
Amendment 68 #
2013/2188(INI)
Motion for a resolution
Recital P
Recital P
P. whereas, under the ECHR, Member States’ agencies and even private parties acting in the field of national security under certain circumstances also have to respect the rights enshrined therein, be they of their own citizens or of citizens of other States; whereas this also goes for cooperation with other States’ authorities in the field of national security;
Amendment 71 #
2013/2188(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the extra-territorial application by a third country of its laws, regulations and other legislative or executive instruments in situations falling under the jurisdiction of the EU or its Member States may impact on the established legal order and the rule of law, or even violate international or EU law, including the rights of natural and legal persons, taking into account the extent and the declared or actual aim of such an application; whereas, in these exceptional circumstances, it is necessary to take action at the EU level to ensure that the rule of law, and the rights of natural and legal persons are respected within the EU, in particularfor example by removing, neutralising, blocking or otherwise countering the effects of the foreign legislation concerned;
Amendment 72 #
2013/2188(INI)
Motion for a resolution
Recital R
Recital R
Amendment 74 #
2013/2188(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
Ra. whereas the transfer of data is not geographically limited and especially in terms of increasing globalisation and worldwide communication the EU legislator is confronted with new challenges in terms of protecting personal data and communication, therefore it is of utmost importance to foster legal frameworks on common standards;
Amendment 75 #
2013/2188(INI)
Motion for a resolution
Recital R b (new)
Recital R b (new)
Rb. whereas the mass collection of personal data for commercial purposes and in the fight against terror and serious transnational crime put at risk the personal data and privacy rights of EU citizens;
Amendment 76 #
2013/2188(INI)
Motion for a resolution
Recital S
Recital S
S. whereas the US data protection legal framework does notshould ensure an adequate level of protection for EU citizens;
Amendment 77 #
2013/2188(INI)
Motion for a resolution
Recital U a (new)
Recital U a (new)
Ua. whereas in its working document 4 on US Surveillance activities with respect to EU data and its possible legal implications on transatlantic agreements and cooperation of 12 December 2013 the Rapporteurs expressed doubts and concerns as to the adequacy of the Safe Harbour and called on the Commission to end the adequacy of Safe Harbour and to find new legal solutions;
Amendment 85 #
2013/2188(INI)
Motion for a resolution
Recital AJ a (new)
Recital AJ a (new)
AJa. whereas terrorist finance tracking is an essential tool in the fight against terrorism financing and serious crime, allowing counter terrorism investigators to discover links between targets of investigation and other potential suspects connected with wider terrorist networks suspected of financing terrorism;
Amendment 86 #
2013/2188(INI)
Motion for a resolution
Recital AK
Recital AK
Amendment 88 #
2013/2188(INI)
Motion for a resolution
Recital AK a (new)
Recital AK a (new)
AKa. whereas the Commission outlined in its communication on a European terrorist finance tracking system (TFTS) that an own system would decrease the dependence from foreign intelligence providers and could strengthen the EU's own analytical capacity to track and identify terrorists through financial transactions whilst upholding and safeguarding the fundamental rights as enshrined in the Charter of Fundamental rights of the European Union;
Amendment 90 #
2013/2188(INI)
Motion for a resolution
Recital AM
Recital AM
AM. whereas during the LIBE delegation to Washington of 28-31 October 2013 the delegation met with the US Department of the Treasury; whereas the US Treasury officially stated that since the entry into force of the TFTP Agreethe US government (the NSA is in that sense considered part of the government it) hads not had access to data from SWIFT in the EU except within the framework of the TFTP; whereas the US Treasury refused to comment on whether SWIFT data would have been accessed outside TFTP by any obeen collecting and processing SWIFT data in any other way than as recognised in the agreement, whereas the US Department of the Treasury also gave assurances in relation to access to SWIFT formatted messages in accordance with other legal tools in place; whereas ther US government body or departDepartment of the Treasury did not comment or n whether the US administrationor not it was aware of NSA mass surveillance activities; whereas on 18 Dec24 September 2013 Mr Glenn GreenwEuropol and SWIFT officialds stated before the LIBE Committee inquiry that the NSA and GCHQ had targeted SWIFT networksre were no indications for a breach of the TFTP Agreement by the NSA;
Amendment 93 #
2013/2188(INI)
Motion for a resolution
Recital AP
Recital AP
AP. whereas the Joint Review fails to mention the fact that iArticle 13 of the agreement between the United States of America and the European Union on the cause of proceassieng of personal data for intelligence purposes, under US law, non- US citizens do not enjoy any judicial or administrative avenue to protect their rights, and constitutional protections are only granted to US persons; whereas this lack of judicial or administrative rights nullifies the protections for EU citizens laid down in the existing PNR agreementer name records to the United States Department of Homeland Security allows any individual regardless of nationality, country or origin, or place of residence, whose personal data and personal information has been processed and used in a manner inconsistent with the PNR Agreement, to seek effective administrative and judicial redress in accordance with US law;
Amendment 94 #
2013/2188(INI)
Motion for a resolution
Recital AR
Recital AR
AR. whereas the purpose of this general agreement is to establish the legal framework for all transfers of personal data between the EU and US for the sole purposes of preventing, investigating, detecting or prosecuting criminal offences, including terrorism, in the framework of police and judicial cooperation in criminal matters; whereas negotiations were authorised by the Council on 2 December 2010; whereas this agreement is of utmost importance and it would act as the basis to facilitate data transfer in the context of police and judicial cooperation and in criminal matters;
Amendment 95 #
2013/2188(INI)
Motion for a resolution
Recital AS
Recital AS
AS. whereas this agreement should provide for clear and precise legally binding data- processing principles and should in particular recognise EU citizens’' right to judicial access, rectification and erasure of their personal data in the US, as well as the right to an efficient administrative and judicial redress mechanism for EU citizens in the US and independent oversight of the data- processing activities;
Amendment 124 #
2013/2188(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that recent revelations in the press by whistleblowers and journalists, together with the expert evidence given during this inquiry, have resulted in compelling evidence of the existence of far-reaching, complex and highly technologically advanced systems designed by US and some Member States’ intelligence services to collect, store and analyse communication and location data and metadata of all citizens around the world on an unprecedented scale and in an indiscriminate and non-suspicion-based manner; recalls the importance of strengthening the existing structures in the Member States against mass surveillance; therefore considers of utmost importance a decentralised structure for the purpose of data retention;
Amendment 127 #
2013/2188(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points specifically to US NSA intelligence programmes allowing for the mass surveillance of EU citizens through direct access to the central servers of leading US internet companies (PRISM programme), the analysis of content and metadata (Xkeyscore programme), the circumvention of online encryption (BULLRUN), access to computer and telephone networks and access to location data, as well as to systems of the UK intelligence agency GCHQ such as its upstream surveillance activity (Tempora programme) and decryption programme (Edgehill); believes that the existence of programmes of a similar nature, even if on a more limited scale, is likely in other EU countries such as France (DGSE), Germany (BND) and Sweden (FRA);
Amendment 135 #
2013/2188(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. States that trust has been profoundly shaken: trust between the two transatlantic partners, trust among EU Member States, trust between citizens and their governments, trust in the respect of the rule of law, and trust in the security of IT services and communication; believes that in order to rebuild trust in all these dimensions a comprehensive plan is urgently neededof the utmost urgency;
Amendment 142 #
2013/2188(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls EU's firm belief in the need to strike the right balance between security measures and the protection of civil liberties and fundamental rights, while ensuring the utmost respect for privacy and data protection;
Amendment 152 #
2013/2188(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Questions the compatibility of some Member States’ mapossivble economic espionage activities with the EU internal market and competition law as enshrined in Title I and Title VII of the Treaty on the Functioning of the European Union; reaffirms the principle of sincere cooperation as enshrined in Article 4 paragraph 3 of the Treaty on European Union and the principle that the Member States shall ‘refrain from any measures which could jeopardise the attainment of the Union’s objectives’;
Amendment 157 #
2013/2188(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 161 #
2013/2188(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is adamant that secret laws, treaties and courts violate the rule of law; pPoints out that any judgment of a court or tribunal and any decision of an administrative authority of a non-EU state authorising, directly or indirectly, surveillance activities such as those examined by this inquiry may not be automatically recognised or enforced, but must be submitted individually to the appropriate national procedures on mutual recognition and legal assistance, including rules imposed by bilateral agreements;
Amendment 165 #
2013/2188(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the abovementioned concerns are exacerbated by rapid technological and societal developments; considers that, since internet and mobile devices are everywhere in modern daily life (‘'ubiquitous computing’') and the business model of most internet companies is based on the processing of personal data of all kinds that puts at risk the integrity of the person, the scale of this problem is unprecedented;
Amendment 167 #
2013/2188(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regards it as a clear finding, as emphasised by the technology experts who testified before the inquiry, that at the current stage of technological development there is no guarantee, either for EU public institutions or for citizens, that their IT security or privacy can be protected from intrusion by well-equipped third countries or EU intelligence agencies (‘no 100% IT security’); notes that this alarming situation can only be remedied if Europeans are willing to dedicate sufficient resources, both human and financial, to preserving Europe’'s independence and self-reliance;
Amendment 172 #
2013/2188(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Strongly rejects the notion that these issuall issues related to mass surveillance programmes are purely a matter of national security and therefore the sole competence of Member States; recalls a recent ruling of the Court of Justice according to which ‘although it is for Member States to take the appropriate measures to ensure their internal and external security, the mere fact that a decision concerns State security cannot result in European Union law being inapplicable’38 ; recalls further that the protection of the privacy of all EU citizens is at stake, as are the security and reliability of all EU communication networks; believes therefore that discussion and action at EU level is not only legitimate, but also a matter of EU autonomy and sovereignty; __________________ 38 No 1 BvR 518/02 of 4 April 2006. No 1 BvR 518/02 of 4 April 2006.
Amendment 190 #
2013/2188(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the US authorities and the EU Member States to prohibit blanket mass surveillance activities and bulkmass processing of personal data for intelligence;
Amendment 205 #
2013/2188(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on certain EU Member States, including the UK, Germany, France, Sweden and the Netherlands, to revise whereif necessary their national legislation and practices governing the activities of intelligence services so as to ensure that they are in line with the standards of the European Convention on Human Rights and comply with their fundamental rights obligations as regards data protection, privacy and presumption of innocence; in particular, given the extensive media reports referring to mass surveillance in the UK, would emphasise that the current legal framework which is made up of a ‘complex interaction’ between three separate pieces of legislation – the Human Rights Act 1998, the Intelligence Services Act 1994 and the Regulation of Investigatory Powers Act 2000 – should be revised;
Amendment 215 #
2013/2188(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States immediately to fulfil their positive obligation under the European Convention on Human Rights to take measures to protect their citizens from surveillance contrary to its requiremenwhich violates human rights, including when the aim thereof is to safeguard national security, undertaken by third states and to ensure that the rule of law is not weakened as a result of extraterritorial application of a third country’s law;
Amendment 217 #
2013/2188(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on Member States to take appropriate action immediately, including court action, against the breach of their sovereignty, and thereby the violation of general public international law, perpetrated through the mass surveillance programmes; calls further on EU Member States to make use of all available international measures to defend EU citizens’' fundamental rights, notably by triggering the inter-state complaint procedure under Article 41 of the International Covenant on Civil and Political Rights (ICCPR);
Amendment 219 #
2013/2188(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the US to revise its legislation without delay in order to bring it into line with international law, to recognise the privacy and other rights of EU citizens, to provide for judicial redress for EU citizens, to put rights of EU citizens on an equal footing with rights of US citizens and to sign the Additional Protocol allowing for complaints by individuals under the ICCPR;
Amendment 223 #
2013/2188(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes that the companies identified by media revelations as being involved in the large-scale mass surveillance of EU data subjects by US NSA are companies that have self-certified their adherence to the Safe Harbour, and that the Safe Harbour is the legal instrument used for the transfer of EU personal data to the US (Google, Microsoft, Yahoo!, Facebook, Apple, LinkedIn); expresses its concerns on the fact that these organisations admitted that they do not encrypt information and communications flowing between their data centres, thereby enabling intelligence services to intercept information39 ; welcomes in this regard the subsequent efforts by some US companies to accelerate plans to encrypt data flows among their global data centres; __________________ 39 The Washington Post, 31 October 2013.
Amendment 246 #
2013/2188(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Takes the view that the information provided by the European Commission and the US Treasury does not clarify whether US intelligence agencies have access to SWIFT financial messages in the EU by intercepting SWIFT networks or banks’ operating systems or communication networks, alone or in cooperation with EU national intelligence agencies and without having recourse to existing bilateral channels for mutual legal assistance and judicial cooperationclarify that there were no elements showing that the US Government has acted in a manner contrary to the provisions of the Agreement, and that the US has provided written assurance that no direct data collection has taken place contrary to the provisions of the TFTP Agreement;
Amendment 251 #
2013/2188(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Reiterates its resolution of 23 October 2013 and asks the Commission for the suspension of the TFTP AgreementUnderlines the benefits of an EU system to track and identify terrorist activities through financial transactions and the clear commitment of such an EU System to the fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union;
Amendment 264 #
2013/2188(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Asks for an immediate resumption of the negotiations with the US on the ‘'Umbrella Agreement’', which should provide for clearput rights for EU citizens on an equal footing with rights for EUS citizens and, moreover the agreement should provide effective and enforceable administrative and judicial remedies for all EU citizens in the US without any discrimination;
Amendment 265 #
2013/2188(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Asks the Commission and the Council not to initiate any new sectorial agreements or arrangements for the transfer of personal data for law enforcement purposes with the US as long as the ‘'Umbrella Agreement’' has not entered into force;
Amendment 270 #
2013/2188(INI)
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52a. Recalls that the concepts of 'privacy by design' and 'privacy by default' are a strengthening of data protection and should be the guidelines for all products, services and systems provided in the internet;
Amendment 271 #
2013/2188(INI)
Motion for a resolution
Paragraph 52 b (new)
Paragraph 52 b (new)
52b. Considers higher transparency and safety standards for online and telecommunication as a necessary principal towards a better data protection regime, therefore calls on the Commission to bring forward a legal proposal on standardized general terms and conditions for online and telecommunications and to mandate a supervisory body to monitor the compliance of the general terms and conditions;
Amendment 277 #
2013/2188(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Reiterates its serious concerns about the compulsory direct disclosure of EU personal data of EU citizens and information processed under cloud agreements to third-country authorities by cloud providers subject to third-country laws or using storage servers located in third countries, and about direct remote access to personal data and information processed by third-country law enforcement authorities and intelligence services; suggests the creation of a reliable EU cloud, or if necessary a "Schengen cloud", as an useful tool in strengthening EU based IT systems against external threats; relaying on binding legal provisions ensuring that cloud data must be processed within in EU territory and without leaving EU borders;
Amendment 297 #
2013/2188(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Strongly emphasises, given the importance of the digital economy in the relationship and in the cause of rebuilding EU-US trust, that the European Parliament will only consent to the final TTIP agreement provided theand distinguishes clearly the TTIP negotiations from revelations on the US NSA mass surveillance programme; however the TTIP agreement shall fully respects fundamental rights recognised by the EU Charter, and that the protection of the privacy of individuals in relation to the processing and dissemination of personal data must continue to be governed by Article XIV of the GATS;
Amendment 332 #
2013/2188(INI)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Calls on the Commission to present, by September 2014, a proposal for an EU security clearance procedure for all EU office holders to the extent necessary, as the current system, which relies on the security clearance undertaken by the Member State of citizenship, provides for different requirements and lengths of procedures within national systems, thus leading to differing treatment of Members of Parliament and their staff depending on their nationality;
Amendment 336 #
2013/2188(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Europol Joint Supervisory Body, together with national data protection authorities, to conduct a joint inspectionreview before the end of 2014 in order to ascertain whether information and personal data shared with Europol has been lawfully acquired by national authorities, particularly if the information or data was initially acquired by intelligence services in the EU or a third country, and whether appropriate measures are in place to prevent the use and further dissemination of such information or data;
Amendment 337 #
2013/2188(INI)
Motion for a resolution
Paragraph 72 a (new)
Paragraph 72 a (new)
72a. Welcomes the work of the specialised EU agencies and bodies in the field of IT security such as Europol's Cybercrime Centre (EC3), Eurojust, ENISA, CERT- EU and eu-LISA; reminds that the actions and support provided by these agencies deliver a direct added value for the EU and its Member States; deplores that many of these agencies still lack resources to fulfil their mandate while requests for support rise; calls on the Commission to reflect these necessities in the draft budget for 2015;
Amendment 338 #
2013/2188(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Calls on Europol to ask the competent authorities of the Member States, in linaccordance with its competencesmandate, to initiate investigations with regard to possible cybercrimes and cyber attacks committed by governments or private actors in the course of the activities under scrutiny;
Amendment 339 #
2013/2188(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Calls on Europol to ask the competent authorities of the Member States, in line with its competences, to initiate investigations with regard to possible cybercrimes and cyber attacks committed by governments or private actors in the course of the activities under scrutiny; calls on the Commission review the activities of the European Cybercrime Centre and to put forward if necessary a proposal for a comprehensive framework for strengthening the competences of the European Cybercrime Centre;
Amendment 347 #
2013/2188(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
Amendment 352 #
2013/2188(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
Amendment 356 #
2013/2188(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Points out that recent incidents clearly demonstrate the acute vulnerability of the EU, and in particular the EU institutions, national governments and parliaments, major European companies, European IT infrastructures and networks, to sophisticated attacks using complex software; notes that these attacks require such financial and human resources that they are likely to originate from state entities acting on behalf of foreign governments or even from certa(including EU national governments that support themMember States); in this context, regards the case of the hacking or tapping of the telecommunications company Belgacom as a worrying example of an attack against the EU’s IT capacity; stresses that serious attacks might also originate from large criminal organisations;
Amendment 362 #
2013/2188(INI)
Motion for a resolution
Paragraph 77 a (new)
Paragraph 77 a (new)
77a. underlines that a higher degree of IT security and the development of a culture of IT security amongst EU citizens also minimises the vulnerability of the EU and its citizens against cybercrime and cyber facilitated crimes such as financial fraud offences and crime as a service (CaaS) but also more disturbing crimes such as online child sexual exploitation;
Amendment 366 #
2013/2188(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Takes the view that the mass surveillance revelations that have initiated this crisis can be used as an opportunity for Europe to take the initiative and build up an autonomous IT key-resource capability for the mid term; calls on the Commission and the Member States to use public procurement as leverage to support such resource capability in the EU by making EU security and privacy standards a key requirement in the public procurement of IT goods and services; therefore urges the Commission to review the current public procurement directives with regard to data based public procurement, in particular in the research sector; and to restrict public procurement only to certified companies; and only to EU companies if security interests or vital are involved;
Amendment 371 #
2013/2188(INI)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Calls on all the Members States, the Commission, the Council and the European Council to address the EU’s dangerou's lack of autonomy in terms of IT tools, companies and providers (hardware, software, services and network), and encryption and cryptographic capabilities;
Amendment 378 #
2013/2188(INI)
Motion for a resolution
Paragraph 82
Paragraph 82
82. Points out that both telecom companies and the EU and national telecom regulators have clearly neglected the IT security of their users and clients; calls on the Commission to make full use of its existing powers under the ePrivacy and Telecommunication Framework Directive to strengthen the protection of confidentiality of communication by adopting measures to ensure that terminal equipment is compatible with the right of users to control and protect their personal data, and to ensure a high level of security of telecommunication networks and services, including by way of requiring state-of-the-art encryption of communications;
Amendment 383 #
2013/2188(INI)
Motion for a resolution
Paragraph 84 a (new)
Paragraph 84 a (new)
84a. Calls for the promotion of - EU search engines and EU social networks as a valuable step in the direction of EU's IT independency; - European IT-service provider; - encrypting communication in general including e-mail and sms communication; - European IT-key elements, for instance solutions for client-server-operating system, using open source standards, developing European elements for grid coupling, e.g. router;
Amendment 384 #
2013/2188(INI)
Motion for a resolution
Paragraph 84 b (new)
Paragraph 84 b (new)
84b. Calls on the Commission to present a proposal for a system of product certifying for hard- and software, because there is no structure in the EU for scrutinising hard- and software products regarding backdoors;
Amendment 388 #
2013/2188(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Calls on the Commission, in the framework of the next Work Programme of the Horizon 2020 Programme, to assess whether more resources should be directed towards boosting European research, cyber security, development, innovation and training in the field of IT technologies, in particular privacy-enhancing technologies and infrastructures, the fight against cybercrime, cryptology, secure computing, open-source security solutions and the Information Society; considers that small and medium enterprises play a particular role in research;
Amendment 391 #
2013/2188(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Calls on the Commission, to strengthen the technological European infrastructure and the European digital market and therefore in the framework of the next Work Programme of the Horizon 2020 Programme, to assess whether; more resources should be directed towards boosting European research, development, innovation and training in the field of IT technologies, in particular privacy-enhancing technologies and infrastructures, cryptology, secure computing, open-source security solutions and the Information Society in order to make email and telecommunications safer; to promote the internal market for European soft- and hardware, and to promote cryptophones and to encrypt communication infrastructures;
Amendment 394 #
2013/2188(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Asks the Commission together with the European Parliament to map out current responsibilities and to review, by June 2014 at the latest, the need for a broader mandate, better coordination and/or additional resources and technical capabilities for Europol’s Cyber Crime Centre and other Union centres of specialised expertise, ENISA, CERT-EU and the EDPS in order to enable them to be more effective in investigating major IT breaches in the EU and in performing (or assisting Member States and EU bodies to perform) on-site technical investigations regarding major IT breaches;
Amendment 396 #
2013/2188(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Asks the Commission to map out current responsibilities and to review, by June 2014 at the latest, the need for a broader mandate, better coordination and/or additional resources and technical capabilities for Europol’'s CyberCrime Centre, ENISA, CERT-EU and the EDPS in order to enable them to be more effective in preventing and investigating major IT breaches in the EU and in performing (or assisting Member States and EU bodies to perform) on-site technical investigations regarding major IT breaches;
Amendment 397 #
2013/2188(INI)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86a. Believes that ENISA should play a key role in securing European communication systems, therefore calls on the Commission, to present a legal proposal for the reform of ENISA, to strengthen its role in defending the internal systems within the EU institutions and to establish within ENISA's structure a Competent Emergency Response Team (CERT) for the EU and its Member States; in this regard recommends to consider a move of ENISA to Brussels;
Amendment 404 #
2013/2188(INI)
Motion for a resolution
Paragraph 88 – introductory part
Paragraph 88 – introductory part
88. Calls on the European Parliament’s General Secretariat to carry out, by September 2014 at the latest, a thorough review and assessment of the European Parliament’s IT security dependability focused on: budgetary means, staff resources, technical capabilities, internal organisation and all relevant elements, in order to achieve a high level of security for the EP’s IT systems; believes that such an assessment should at the least provide information analysis and recommendations on:
Amendment 407 #
2013/2188(INI)
Motion for a resolution
Paragraph 88 – point 2
Paragraph 88 – point 2
· the inclusion in tender procedures for new IT systems of specific IT security/privacy requirements, including the possibility of a requirement for Open Source Software as a condition of purchase or the requirement of trusted European companies to take part in the tender when sensitive, security- related areas are concerned;
Amendment 410 #
2013/2188(INI)
Motion for a resolution
Paragraph 88 – point 3
Paragraph 88 – point 3
· the list of US companies under contract with the European Parliament in the IT and telecom fields, taking into account revelations about NSA contracts with a company such as RSA, whose products the European Parliament is using to supposedly protect remote access to their data by its Members and staff, including the feasibility of providing the same services by European companies;
Amendment 421 #
2013/2188(INI)
Motion for a resolution
Paragraph 89
Paragraph 89
89. Calls on all the EU Institutions and agencies to perform a similar exercise in cooperation with ENISA, Europol and the CERTs, by December 2014 at the latest, in particular the European Council, the Council, the External Action Service (including EU delegations), the Commission, the Court of Justice and the European Central Bank; invites the Member States to conduct similar assessments;
Amendment 423 #
2013/2188(INI)
Motion for a resolution
Paragraph 91
Paragraph 91
91. Takes the view that the large-scale IT systems used in the area of freedom, security and justice, such as the Schengen Information System II, the Visa Information System, Eurodac and possible future systems such as EU-ESTA, should be developed and operated in such a way as to ensure that data is not compromised as a result of US requests under the Patriot Act; asks eu- LISA to report back to Parliament on the reliability of the systems in place by the end of 2014;
Amendment 429 #
2013/2188(INI)
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93a. Calls on the Commission to present a legal proposal for a EU-routing-system; a EU processing of call detail record (CDR); notes that all routing data and CDR should be processed in accordance with EU legal frameworks and without leaving the EU borders;
Amendment 431 #
2013/2188(INI)
Motion for a resolution
Paragraph 94
Paragraph 94
94. Calls on the Member States, in cooperation with ENISA, Europol’s CyberCrime Centre, CERTs and national data protection authorities and cybercrime units, and to develop a culture of security and to start an education and awareness- raising campaign in order to enable citizens to make a more informed choice regarding what personal data to put on line and how better to protect them, including through ‘digital hygiene’, encryption and safe cloud computing, making full use of the public interest information platform provided for in the Universal Service Directive;
Amendment 454 #
2013/2188(INI)
Motion for a resolution
Paragraph 106 a (new)
Paragraph 106 a (new)
106 a. Calls on the Commission to present an action plan for the establishment of a Single European Digital Area (SEDA), including commercial data, data used for law enforcement and intelligence purposes;
Amendment 464 #
2013/2188(INI)
Motion for a resolution
Paragraph 108
Paragraph 108
108. Is aware that some EU Member States are pursuing bilateral communication with the US authorities on spying allegations, and that some of them have concluded (United Kingdom) or envisage concluding (Germany, France) so-called ‘'anti-spying’' arrangements; underlines that these Member States need to observe fully the interests of the EU as a whole; therefore calls for a EU no-spy-agreement between Member States and a no-spy-agreement with third countries including an obligation for no spying on politicians, research and economy;
Amendment 468 #
2013/2188(INI)
Motion for a resolution
Paragraph 109 a (new)
Paragraph 109 a (new)
109a. Considers tap-proof communication structures (email and telecommunications, including landlines and cell phones) and tap-proof meeting rooms within all relevant EU institutions and EU delegations as absolutely necessary; therefore calls for the establishment of an encrypted internal EU email-system;
Amendment 472 #
2013/2188(INI)
Motion for a resolution
Paragraph 109 b (new)
Paragraph 109 b (new)
109b. Calls on the European Parliament to implement in its rules of procedure a structure for inquiry committees with equal competences as implemented in some Member States by their national parliaments;
Amendment 495 #
2013/2188(INI)
Motion for a resolution
Paragraph 114 – point 4
Paragraph 114 – point 4
Action 4: Suspend the TFTP agreement until (i) the Umbrella Agreement negotiations have been concluded; (ii) a thorough investigation has been concluded on the basis of an EU analysis, and all concerns raised by Parliament in its resolution of 23 October have been properly addressedto conclude the on-going negotiations on a data protection agreement for law enforcement purposes ("umbrella agreement") soon as possible;
Amendment 501 #
2013/2188(INI)
Motion for a resolution
Paragraph 114 – point 5
Paragraph 114 – point 5
Action 5: Protect the rule of law and, the fundamental rights of EU citizens, with a particular focus on threats to the freedom of the press and professional confidentiality (including lawyer-client relations) as well as enhanced protection for whistleblowers;
Amendment 504 #
2013/2188(INI)
Motion for a resolution
Paragraph 114 – point 6
Paragraph 114 – point 6
Action 6: Develop a European strategy for IT independence (at national and EU level) and to initiate a programme for growth for the IT industry which enables the European companies to develop and deliver products in all security related areas;
Amendment 514 #
2013/2188(INI)
Motion for a resolution
Paragraph 115 – point 1
Paragraph 115 – point 1
April-July 2014: a monitoring group based on the LIBE inquiry team responsible for monitoring any new revelations in the media concerning the inquiry’'s mandate and scrutinising the implementation of this resolution;
Amendment 518 #
2013/2188(INI)
Motion for a resolution
Paragraph 115 – point 4
Paragraph 115 – point 4
Amendment 163 #
Amendment 186 #
2013/0106(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 187 #
Amendment 202 #
2013/0106(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Disembarkation For the purposes of sea operations coordinated by the Agency, the modalities for the disembarkation of the persons intercepted or rescued in a sea operation shall be set out in the operational plan, and shall be in accordance with international law and relevant bilateral agreements which comply with international law.
Amendment 7 #
2013/0091(COD)
Draft legislative resolution
Paragraph 1d (new)
Paragraph 1d (new)
1d. In order to allow the budgetary authority to determine allocations for both law enforcement and training separately, points outthat there shall be dedicated budget lines for both tasks regardless of the result of the legislative agreement between the European Parliament and the Council;
Amendment 8 #
2013/0091(COD)
Draft legislative resolution
Paragraph 1e (new)
Paragraph 1e (new)
1e. Requests the Commission to reflect in its financial statement the new tasks of Europol, in particular the European Cybercrime Centre (EC3), in line with Paragraph 42 of the Joint Statement of the European Parliament, the Council of the EU, and the European Commission of 19 July 2012 on decentralised agencies1; _____________ 1 http://register.consilium.europa.eu/pdf/en/ 12/st11/st11450.en12.pdf
Amendment 9 #
2013/0091(COD)
Draft legislative resolution
Paragraph 1f (new)
Paragraph 1f (new)
1f. Stresses that the expected savings of a merger might be jeopardised by high set up costs and an integration of CEPOL in Europol could lead to inefficiencies in training-related matters;
Amendment 11 #
2013/0091(COD)
5. The expenditure of Europol shall include staff remuneration, administrative and infrastructure expenses, and operating costs. Operational expenditure for activities related to the Law Enforcement Training Scheme under this Regulation shall be dealt with separately and shall have separate budgetary and accounting reporting.
Amendment 167 #
2013/0091(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Data protection rules at Europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the European Union. While Decision 2009/371/JHA provides for a robust data protection regime for Europol, it should be further elaborated to align Europol with the requirements of the Lisbon Treaty, reflect the growing role of Europol, improve the rights of data subjects and further enhance the trust between Member States and Europol which is necessary for a successful exchange of information. Data protection rules at Europol should be strengthened and draw on the principles underpinning Regulation (EC) No 45/200132 to ensure a high level of protection of individuals with regard to processing of personal data. As Declaration 21 attached to the Treaty recognizacknowledges, the specificity of personal data processing in the law enforcement context, the data protection rules of Europol should be autonomous nature of the processing of personal data the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for Europol based on Article 16 of the Treaty on the Functioning of the European Union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the Union, in particular Convention No. 10833 and its Additional Protocol of 8 November 2001 and Recommendation No R(87) of the Council of Europe34 and Council Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [to be replaced by the relevant Directive in force at the moment of adoption].
Amendment 168 #
2013/0091(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) Transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised. To enhance transparency, Europol should have transparent data protection policies including the means available for the exercise of the rights of data subjects that it should make easily publicly available, as well as publish a list of the international and cooperation agreements it has with third countries, Union bodies and international organisations.
Amendment 356 #
2013/0091(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Europol may temporarily process data for the purpose of determining whether such data are relevant to its tasks and for what purpose referred to under paragraph 1. The Management Board, acting on a proposal from the Director and after consulting the European Data Protection Supervisor, shall determine the conditions relating to the processing of such data, in particular with respect to access to and the use of the data, as well as time limits for the storage and deletion of the data that may not exceed six months, having due regard to the principles referred to in Article 34.
Amendment 441 #
2013/0091(COD)
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
Article 32 – paragraph 1 – introductory part
1. In so far as necessary for Europol to perform its tasks, Europol may process personal data originating from private parties and may receive such data directly if the national law applicable to the private party in question provides for the direct transfer of such data to the law enforcement authorities. In such cases, Europol shall immediately forward all the information, in particular personal data, to the National Units concerned. Where the applicable national law makes no provision for a direct transfer of this kind, personal data may be received only on condition that they are received via:
Amendment 455 #
2013/0091(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point d
Article 34 – paragraph 1 – point d
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
Amendment 626 #
2013/0091(COD)
Proposal for a regulation
Article 53 – paragraph -1 (new)
Article 53 – paragraph -1 (new)
(-1) The Parliamentary Scrutiny Unit The mechanism for the control of Europol's activities by the European Parliament, together with national Parliaments, shall take the form of a small specialised structure - the Parliamentary Scrutiny Unit - comprising of the Members of the competent committee of the European Parliament and of one representative of the relevant competent committee of the national parliament of each of the Member States.
Amendment 627 #
2013/0091(COD)
Proposal for a regulation
Article 53 – paragraph -1 a (new)
Article 53 – paragraph -1 a (new)
(-1a) This Parliamentary Scrutiny Unit shall always sit at the seat of the European Parliament, and shall be convened by the Chair of the European Parliament's competent committee. It shall be co-chaired by the Chair of the competent committee of the European Parliament and the representative from the national Parliament of the Member State holding the rotating Council Presidency.
Amendment 633 #
2013/0091(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Access to European Union Classified Information and sensitive non-classified information shall be in compliance with the basic principles and minimum standards as referred to in Article 69. Trules governing the treatment of confidential information by the European Parliament. Further details shallmay be governed by a working arrangement concluded between Europol and the European Parliament.
Amendment 635 #
2013/0091(COD)
Proposal for a regulation
Article 55 – paragraph 2 a (new)
Article 55 – paragraph 2 a (new)
2a. The appointing authority shall make full use of the possibilities given by the Staff Regulation and provide specialised staff such as IT-experts with a higher function group and grade according to their qualification to fulfil the tasks of the Agency pursuant to Article 4 in an ideal manner.
Amendment 2 #
2012/0309(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu is no longer justified. These countries do not present any risk of illegal immigration or a threat to public policy for the Union in accordance with the criteria set out in recital 5 of Regulation (EC) N° 539/2001. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to Annex II.
Amendment 4 #
2012/0309(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Exemption from the visa requirement for nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.
Amendment 6 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
(a) in point 1, the references to Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu are deleted and a reference to South-Sudan is inserted;
Amendment 7 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 2 – point a – two last references
Article 1 – point 2 – point a – two last references
"Tuvalu*", "United Arab Emirates*" and "Vanuatu*"
Amendment 1 #
2012/0258(NLE)
Draft opinion
–
–
The Committee on Development calls on the Committee on Fisheries, as the committee responsible, to propose that Parliament givewithhold its consent.
Amendment 670 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 671 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the Treaty on European Union;
Amendment 691 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) by competent authorities for the purposes of producing and disseminating the official statistics entrusted to them;
Amendment 695 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e b (new)
Article 2 – paragraph 2 – point e b (new)
(eb) by competent authorities for the purposes of drawing up electoral rolls.
Amendment 766 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 8
Article 4 – paragraph 1 – point 8
(8) ‘the data subject’s consent’ means any freely given specific, and informed and explicit indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to them being processed;
Amendment 809 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 19 a (new)
Article 4 – paragraph 1 – point 19 a (new)
(19a) ‘official statistics’ means quantitative and qualitative, aggregated and representative information characterising a collective phenomenon in a considered population;
Amendment 812 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 19 b (new)
Article 4 – paragraph 1 – point 19 b (new)
(19b) ‘electoral rolls’ means personal data, and data relating to the place of residence, of persons entitled to vote;
Amendment 814 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 19 c (new)
Article 4 – paragraph 1 – point 19 c (new)
(19c) ‘information society services’ means services provided at the recipient’s individual request, at a distance, and by electronic means, that is to say, the service is sent initially and received at its destination by means of electronic equipment for the processing, including digital compression, and storage of data and is transmitted, conveyed, and received entirely by wire, by radio, by optical means, or by any other electromagnetic means.
Amendment 825 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) adequate, relevant, and limited to the minimum nenot excessaryive in relation to the purposes for which they are processed; they shall only be processed if, and as long as, the purposes could not be fulfilled by processing information that does not involve personal data;
Amendment 830 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
Amendment 838 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the data will be processed solely for historical, statistical or scientific research purposes in accordance with the rules and conditions of Article 83 and if a periodic review is carried out to assess the necessity to continue the storage, without prejudice to the provisions of Article 83;
Amendment 843 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
Amendment 882 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) processing is necessary for the purposes of the legitimate interests pursued by a controller, or by a third party to whom the data are to be communicated, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 934 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
Amendment 957 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 967 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The controller shall bear the burden of proof for the data subject's having been duly informed in advance or in time to give their consent to the processing of their personal data for specified purposes.
Amendment 984 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 1023 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1031 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 1064 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point f
Article 9 – paragraph 2 – point f
(f) processing is necessary for the establishment, exercise or defence of legal claimsor administrative claims of any kind; o
Amendment 1074 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point i
Article 9 – paragraph 2 – point i
(i) processing is necessary for historical, statistical or scientific research purposes or for preliminary official or administrative investigation to determine biological parentage, subject to the conditions and safeguards referred to in Article 83; o
Amendment 1082 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point j
Article 9 – paragraph 2 – point j
(j) processing of data relating to criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject, or for the performance of a task carried out for important public interest reasons, and in so far as authorised by Union law or Member State law providing for adequate safeguards. A complete register of criminal convictions, whether complete or not, shall be kept only under the control of official authority.
Amendment 1089 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 1106 #
2012/0011(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The controller shall haobserve transparentcy and easily accessible policiesility criteria with regard to the processing of personal data and for the exercise of data subjects'’ rights. To that end it may disseminate those criteria by framing policies to be made known to all data subjects.
Amendment 1111 #
2012/0011(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The controller shall provide any information and any communication relating to the processing of personal data to the data subject in an intelligible form, using clear and plain language, adapted to the data subject, in particular wherever possible. This last point shall be taken particularly into account for any information addressed specifically to a child.
Amendment 1123 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The controller shall establish procedures for providinge the information referred to in Article 14 and for the exercise of the rights of data subjects referred to in Article 13 and Articles 15 to 19. The controller shall provide in particular mechanisms for facilitating the request for the actions referred to in Article 13 and Articles 15 to 19. Where personal data are processed by automated means, the controller shall also provide means for requests to be made electronicallythis is deemed appropriate, the above information as a whole may be presented in the form of policies and manuals of procedures to facilitate understanding and the use of such information.
Amendment 1181 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
a) the identity and the contact details of the controller and, if any, of the controller'’s representative and of the data protection officer;
Amendment 1190 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the purposes of the processing for which the personal data are intended, including the contract terms and general conditions where the processing is based on point (b) of Article 6(1) and the legitimate interests pursued by the controller where the processing is based on point (f) of Article 6(1);
Amendment 1199 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) where possible, the period for which the personal data will be stored;
Amendment 1204 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) the right to lodge a complaint to the supervisory authority and the contact details of the supervisory authority;
Amendment 1235 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point a
Article 14 – paragraph 4 – point a
(a) in general at the time when the personal data are obtained from the data subject or as soon as possible where the above is not feasible, demands undue effort, or reduces the safeguards enjoyed by the data subject; or
Amendment 1274 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
Amendment 1293 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. The data subject shall have the right to obtain from the controller at any time, on request, confirmation as to whether or not personal data relating to the data subject are being processed. If the controller is processing a large number of files relating to the data subject, it may ask the data subject to specify in the necessary detail, before the information is supplied, which file or files, or what particular fields of activity, are covered by the data subject’s request. Where such personal data are being processed, the controller shall provide the following information:
Amendment 1317 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point h
Article 15 – paragraph 1 – point h
(h) the significance and envisaged consequences of such processing, at least in the case of measures referred to in Article 20.
Amendment 1323 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 1416 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where the controller referred to in paragraph 1 has made theexplicitly or tacitly allowed third-party access to personal data public, it shall take all reasonable steps in proportion to its capacity, including technical measures, in relation to data for the publication of which the controller is responsible, to inform third parties which are processing such data, that a data subject requests them to erase any links to, or copy or replication of that personal data. Where the controller who has authorised a third party publication of personal data, the controller shall be considered responsible for that publicationllowed access to personal data has disappeared, has ceased to exist or for other reasons cannot be contacted by the data subject, the data subject shall have the right to obtain from third-party controllers the erasure of any links to, or copy or replication of the personal data.
Amendment 1444 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point d
Article 17 – paragraph 3 – point d
(d) for compliance with a legal obligation to retain the personal data by Union or Member State law to which the controller is subject; Union law and Member State laws shall meet an objective of public interest, respect the essence of the right to the protection of personal data and be proportionate to the legitimate aim pursued;
Amendment 1450 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 a
Article 17 – paragraph 3 – subparagraph 1 a
In the cases referred to in points (a) to (d), the data subject may exercise the right to object to the establishment of links or creation of copies or replications of his personal data. The viability of this right shall be resolved in the light of all the circumstances involved in the case, whilst making efforts not to frustrate the specific basis for the retention of data.
Amendment 1480 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 9
Article 17 – paragraph 9
Amendment 1500 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The data subject shall have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain from the controller a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject. Where the format requested by the data subject differs from the processing format, the controller may impose a charge for conversion at a level which may not exceed the cost of the service provided at market prices.
Amendment 1510 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the data subject has provided the personal data and the processing is based on consent or on a contract, the data subject shall have the right to transmit those personal data and any other information provided by the data subject and retained by an automated processing system, into another one, in an electronic format which is commonly used, without hindrance from the controller from whom the personal data are withdrawn. The controller from whom the personal data are withdrawn shall delete those data, unless their continued processing is covered by another legal provision in force. Union and Member State laws may regulate cases where there is a legal obligation to store data, based on objectives of public interest proportionate to the aim pursued, and respecting the essence of the right to the protection of personal data.
Amendment 1541 #
2012/0011(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where an objection is upheld pursuant to paragraph 1, the controller shall inform the data subject of the compelling legitimate grounds which apply in accordance with paragraph 1 or, if he does not do so, he shall no longer use or otherwise process the personal data concerned; where the objection is upheld pursuant to paragraphs 1 and 2, the controller shall no longer use or otherwise process the personal data concerned.
Amendment 1606 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Automated processing of personal data intended to evaluate certain personal aspects relating to a natural person shall not be based solely on the special categories of personal data referred to in Article 9.
Amendment 1614 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 1656 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The controller shallmay adopt policies and implement appropriate measures to ensure and be able to demonstrate that the processing of personal data is performed in compliance with this Regulation.
Amendment 1667 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. The measures provided for in paragraph 1 shall in particular includeclude, in the cases and in accordance with the rules set out in this chapter:
Amendment 1682 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point e
Article 22 – paragraph 2 – point e
(e) designating a data protection officer pursuant to Article 35(1), or the obligation and maintenance of certification in accordance with the certification policies defined by the Commission.
Amendment 1691 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The controller shall implement mechanisms to ensure the verification of the effectiveness of the measures referred to in paragraphs 1 and 2. If proportionate, and a high level of risk exists, this verification shall be carried out by independent internal or external auditors.
Amendment 1702 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 1712 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Having regard to the state of the art and the cost of implementation, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures and procedures appropriate to the activities and their purposes, in such a way that the processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject.
Amendment 1724 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The controller shall implement mechanisms for ensuring that, by default, only those personal data are processed which are neot excessaryive for each specific purpose of the processing and are especially not collected or retained beyond the minimum necessary forin proportion to those purposes, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals.
Amendment 1735 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 1741 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 1746 #
2012/0011(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Where a controller determines the purposes, conditions and means of the processing of personal data jointly with others, the joint controllers shall determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the procedures and mechanisms for exercising the rights of the data subject, by means of an arrangement between them. To ensure that data subjects may exercise their right to object to this arrangement, it must be documented and data subjects must have been notified in advance; otherwise, the above rights may be exercised in full in relation to any of the controllers, who shall be responsible for ensuring that the conditions laid down by law are fully complied with.
Amendment 1763 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) an enterprise employing fewer than 250 persons, unless the processing carried out by that enterprise is considered high risk by the supervisory authorities, taking account of its characteristics, the type of data or the number of people affected; o
Amendment 1776 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The carrying out of processing by a processor shall be governed by a contract or other legal act binding the processor to the controller, which shall be documented in a form of which a record can be kept, and stipulating in particular that the processor shall:
Amendment 1805 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 1812 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. If a processor processes personal data other than as instructed by the controller, the processor shall be considered to be a controller in respect of that processing and shall be subject to the rules on joint controllers laid down in Article 24; without prejudice to the responsibility which the controller may have occurred in relation to compliance with their obligations.
Amendment 1816 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 2099 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The controller or the processor as the case may be shall, if they have not recruited a data protection officer for their organisation or obtained or adequate and valid certification for the processing of high-risk data, obtain an authorisation from the supervisory authority prior to the processing of personal data, in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where a controller or processor adopts contractual clauses as provided for in point (d) of Article 42(2) or does not provide for the appropriate safeguards in a legally binding instrument as referred to in Article 42(5) for the transfer of personal data to a third country or an international organisation.
Amendment 2109 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 2 – introductory part
Article 34 – paragraph 2 – introductory part
2. The controller or processor acting on the controller's behalf shall, if they have not recruited a data protection officer for their organisation or obtained or adequate and valid certification for the processing of high-risk data, consult the supervisory authority prior to the processing of personal data in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where:
Amendment 2130 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 7
Article 34 – paragraph 7
Amendment 2147 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The controller and the processor shallmay designate a data protection officer in any case where:
Amendment 2158 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
Amendment 2163 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
Amendment 2178 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
Amendment 2190 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. In the case referred to in point (b) of paragraph 1, aA group of undertakings may appoint a single data protection officer.
Amendment 2206 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. In cases other than those referred to in paragraph 1, tThe controller or processor or associations and other bodies representing categories of controllers or processors may designate a data protection officer.
Amendment 2211 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The controller or processor shall designate the data protection officer on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and ability to fulfil the tasks referred to in Article 37, in accordance with strict professional standards. The necessary level of expert knowledge shall be determined in particular according to the data processing carried out and the protection required for the personal data processed by the controller or the processor.
Amendment 2227 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
7. The controller or the processor shall designate a data protection officer for a period of at least two years. The data protection officer may be reappointed for further terms. During their term of office, the data protection officer may only be dismissed, if the data protection officer no longer fulfils the conditions required for the performance of their duties or for serious failure in this connection.
Amendment 2250 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 11
Article 35 – paragraph 11
Amendment 2263 #
2012/0011(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The controller or processor shall ensure that the data protection officer performs the duties and tasks independently accordance with the provisions of this Regulation, and doesmay not receive anybe given instructions as regards the exercise of the functionffecting the functions specifically relating to his post. The data protection officer shall directly report to the management of the controller or the processor.
Amendment 2274 #
2012/0011(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The controller or the processor shall support the data protection officer in performing the tasks and, when necessary, shall provide staff, premises, equipment and any other resources necessaryrequired to carry out the duties and tasks referred to in Article 37.
Amendment 2295 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point a
Article 37 – paragraph 1 – point a
(a) to inform and advise the controller or the processor of their obligations pursuant to this Regulation and to document this activity and the responses received;
Amendment 2305 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point d
Article 37 – paragraph 1 – point d
Amendment 2311 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point f
Article 37 – paragraph 1 – point f
Amendment 2328 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for tasks,he certification, status, powers and resources of the data protection officer referred to in paragraph 1 and status of the officer.
Amendment 2332 #
2012/0011(COD)
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. The Member States, the supervisory authorities and the Commission shall encourage participation in the drawing up of codes of conduct intended to contribute to the proper application of this Regulation, taking account of the specific features of the various data processing sectors, in particular in relation to:
Amendment 2341 #
2012/0011(COD)
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
Amendment 2346 #
2012/0011(COD)
Proposal for a regulation
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 2355 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. The Member States and the Commission shall encourage, in particular at European level, the establishment of data protection certification mechanismpolicies and of data protection seals and marks, allowing data subjects to quickly assess the level of data protection provided by controllers and processors. The data protection certifications mechanism policies shall contribute to the proper application of this Regulation, and to achieving the actions and benefits mentioned therein, taking account of the specific features of the various sectors and different processing operations. Certification policies at Union level shall be designed by the European Data Protection Board with the involvement of other stakeholders, and shall be officially approved by the Commission. These policies shall not just be aimed at the institutions but especially at operators in the field. The certification policies shall address the specific needs of actors in different sectors of activity, with particular regard to the needs of micro, small and medium- sized enterprises, and to the key aspect of cost containment so that they can become an effective instrument. The acquisition, renewal and loss of certificates will involve the consequences laid down throughout this Directive.
Amendment 2369 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the data protection certification mechanisms referred to in paragraph 1, including conditions for granting and, withdrawal, and cancellation and requirements for recognition within the Union and in third countries.
Amendment 2387 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. A transfer may take place where the Commission has decided that the third country, or a territory or a processing sector within that third country, or the international organisation in question ensures an adequate level of protection. Such transfer shall not require any furtherspecific authorisation.
Amendment 2394 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 2 – point a
Article 41 – paragraph 2 – point a
(a) the level of penetration and consolidation of the rule of law, relevant legislation in force, both general and sectoral, including concerning public security, defence, national security and criminal law, the professional rules and security measures which are complied with in the field of the protection of personal data in that country or by that international organisation, as well as access to justice and the effectiveness and enforceableility of rights, including effectivethe right to action and redress in both administrative and judicial redress for data subjectmatters, in particular for those data subjects residing in the Union whose personal data are being transferred;
Amendment 2405 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. Where the Commission decides pursuant to paragraph 5, any transfer of personal data to the third country, or a territory or a processing sector within that third country, or the international organisation in question shall be prohibited, without prejudice torestricted under the terms of Articles 42 to 44. At the appropriate time, the Commission shall enter into consultations with the third country or international organisation with a view to remedying the situation resulting from the Decision made pursuant to paragraph 5 of this Article.
Amendment 2431 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point d
Article 42 – paragraph 2 – point d
(d) contractual clauses between the controller or processor and the recipient of the data authorised by a supervisory authority in accordance with paragraph 4.
Amendment 2450 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Where a transfer is based on contractual clauses as referred to in point (d) of paragraph 2 of this Article and no data protection officer has been designated or no sufficient or applicable official certification is available, the controller or processor shall obtain prior authorisation of the contractual clauses according to point (a) of Article 34(1) from the supervisory authority. If the transfer is related to processing activities which concern data subjects in another Member State or other Member States, or substantially affect the free movement of personal data within the Union, the supervisory authority shall apply the consistency mechanism referred to in Article 57.
Amendment 2461 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. Where the appropriate safeguards with respect to the protection of personal data are not provided for in a legally binding instrument and no data protection officer has been designated and no sufficient or applicable official certification is available, the controller or processor shall obtain prior authorisation for the transfer, or a set of transfers, or for provisions to be inserted into administrative arrangements providing the basis for such transfer. Such authorisation by the supervisory authority shall be in accordance with point (a) of Article 34(1). If the transfer is related to processing activities which concern data subjects in another Member State or other Member States, or substantially affect the free movement of personal data within the Union, the supervisory authority shall apply the consistency mechanism referred to in Article 57. Authorisations by a supervisory authority on the basis of Article 26(2) of Directive 95/46/EC shall remain valid, until amended, replaced or repealed by that supervisory authority.
Amendment 2488 #
2012/0011(COD)
Proposal for a regulation
Article 43 – paragraph 4
Article 43 – paragraph 4
4. The Commission may specify the format and procedures for the exchange of information by electronic means between controllers, processors and supervisory authorities for binding corporate rules within the meaning of this Article. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
Amendment 2499 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point e
Article 44 – paragraph 1 – point e
(e) the transfer is necessary for the establishment, exercise or defence of legal or administrative claims; o
Amendment 2523 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
6. The controller or processor shall document the assessment as well as the appropriate safeguards adduced referred to in point (h) of paragraph 1 of this Article in the documentation referred to in Article 28, and where appropriate in accordance with that rule, and shall inform the supervisory authority of the transfer.
Amendment 2525 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 7
Article 44 – paragraph 7
Amendment 2535 #
2012/0011(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. For the purposes of paragraph 1, the Commission shall take appropriate steps to advance the relationship with third countries or international organis(a) and (b), the supervisory authorities shall be able to exchange informations, and in particular their supervisory authorities, where the Commission has decided that they ensure an adequate level of protection within the meaning of Article 41(3)cooperate in activities related to the exercise of their powers and defence of the rights regulated in this Regulation.
Amendment 2538 #
2012/0011(COD)
Proposal for a regulation
Article 45 a (new)
Article 45 a (new)
Article 45a Cooperation may take place provided that: (a) the competent authorities of third countries have competence for the protection of personal data in the context of matters of which they possess knowledge in accordance with existing legislation; (b) working arrangements based on reciprocity have been agreed between the competent authorities concerned; (c) the transfer of personal data to the third country is in accordance with Chapter V of this Directive.
Amendment 2540 #
2012/0011(COD)
Proposal for a regulation
Article 45 b (new)
Article 45 b (new)
Article 45b The working arrangements referred to in paragraph 3(b) shall ensure that: (a) justification as to the purpose of the request for cooperation is provided by the competent authorities; (b) the persons employed or formerly employed by the competent authorities of the third country that receive the information are subject to obligations of professional secrecy; (c) the competent authorities of the third country may use the results of cooperation only for the exercise of functions relating to the protection of personal data; (d) in the event of the competent authority of the third country intending to transfer the information received by means of cooperation to a third party, prior, specific and written consent must be obtained from the authority which provided the information, unless such transfer is required by national law or ordered by a court of law and constitutes a necessary measure to safeguard relevant public interests relating to: (i) the prevention, investigation or prosecution of criminal offences; (ii) the monitoring, inspection or regulation connected, even occasionally, with the exercise of official authority within the scope of the agreement. In such cases, prior notice shall be given to the authority that provided the information; (e) the appropriate technical and organisational security measures are adopted to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorised disclosure or access, and against all other unlawful forms of processing personal data; (f) the request for cooperation from the competent authority of the third country should be refused: (i) where it would adversely affect the sovereignty, security or public order of the Community or of the requested Member State, or (ii) where judicial proceedings have already been initiated in respect of the same actions and against the same persons before the authorities of the requested Member State.
Amendment 2541 #
2012/0011(COD)
Proposal for a regulation
Article 45 c (new)
Article 45 c (new)
Article 45c Member States shall communicate to the Commission the working arrangements referred to in paragraphs 3 and 4.
Amendment 2542 #
2012/0011(COD)
Proposal for a regulation
Article 45 d (new)
Article 45 d (new)
Article 45d For the purposes of paragraph 1, the Commission shall take appropriate steps to advance the relationship with third countries or international organisations, and in particular their supervisory authorities, where the Commission has decided that they ensure an adequate level of protection within the meaning of Article 41(3).
Amendment 2546 #
2012/0011(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The supervisory authorityies shall act with complete independence in exercising the duties and powers entrusted to ithem.
Amendment 2548 #
2012/0011(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The members of the supervisory authorityies shall, in the performance of their duties, neither seek nor take instructions from anybody.
Amendment 2550 #
2012/0011(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. Members of the supervisory authorityies shall refrain from any action incompatible with their duties and shall not, during their term of office, engage in any incompatible occupation, whether gainful or not.
Amendment 2551 #
2012/0011(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Members of the supervisory authorityies shall behave, after their term of office, with integrity and discretion as regards the acceptance of appointments and benefits.
Amendment 2552 #
2012/0011(COD)
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. Each Member State shall, in line with its internal distribution of competencies, ensure that the supervisory authority isies are provided with the adequate human, technical and financial resources, premises and infrastructure necessary for the effective performance of its duties and powers, including those to be carried out in the context of mutual assistance, co- operation and participation in the European Data Protection Board.
Amendment 2554 #
2012/0011(COD)
Proposal for a regulation
Article 47 – paragraph 6
Article 47 – paragraph 6
6. Each Member State shall, in line with its internal distribution of competencies, ensure that the supervisory authority has itsies have their own staff which shall be appointed by and be subject to the direction of the head of the supervisory authority.
Amendment 2555 #
2012/0011(COD)
Proposal for a regulation
Article 47 – paragraph 7
Article 47 – paragraph 7
7. Member States shall, in line with their internal distribution of competencies, ensure that the supervisory authority isies are subject to financial control which shall not affect itstheir independence. Member States shall, in line with their internal distribution of competencies, ensure that the supervisory authorityies hasve separate annual budgets. The budgets shall be made public.
Amendment 2559 #
2012/0011(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Member States shall provide that the members of the supervisory authority or authorities must be appointed either by the parliaments or the government bodies of the Member State concerned.
Amendment 2561 #
2012/0011(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. The duties of a member shall end in the event of the expiry of the term of office, resignation or compulsory retirement in accordance with paragraph 5 or in the event of incapacity to hold office, incompatibility, resignation, dismissal, final conviction of an intentional crime or compulsory retirement.
Amendment 2562 #
2012/0011(COD)
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
4. A member may be dismissed or deprived of the right to a pension or other benefits in its shis appointment terminatead by the competent national courtbody which appointed him, if the member no longer fulfils the conditions required for the performance of the duties or is guilty of serious misconductfailure to discharge the obligations relating to his office.
Amendment 2564 #
2012/0011(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point a
Article 49 – paragraph 1 – point a
(a) the establishment and status of the supervisory authority or authorities;
Amendment 2565 #
2012/0011(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point b
Article 49 – paragraph 1 – point b
(b) the qualifications, experience and skills required to perform the duties of the members of the supervisory authorityies;
Amendment 2566 #
2012/0011(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point c
Article 49 – paragraph 1 – point c
(c) the rules and procedures for the appointment of the members of the supervisory authorityies, as well as the rules on actions or occupations incompatible with the duties of the office;
Amendment 2567 #
2012/0011(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point d
Article 49 – paragraph 1 – point d
(d) the duration of the term of the members of the supervisory authorityies which shall be no less than four years, except for the first appointment after entry into force of this Regulation, part of which may take place for a shorter period where this is necessary to protect the independence of the supervisory authorityies by means of a staggered appointment procedure;
Amendment 2568 #
2012/0011(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point e
Article 49 – paragraph 1 – point e
(e) whether the members of the supervisory authorityies shall be eligible for reappointment;
Amendment 2569 #
2012/0011(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point f
Article 49 – paragraph 1 – point f
(f) the regulations and common conditions governing the duties of the members and staff of the supervisory authorityies;
Amendment 2574 #
2012/0011(COD)
Proposal for a regulation
Article 50
Article 50
The members and the staff of the supervisory authorityies shall be subject, both during and after their term of office, to a duty of professional secrecy with regard to any confidential information which has come to their knowledge in the course of the performance of their official duties.
Amendment 2582 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Where the processing of personal data takes place in the context of the activities of an establishment of a controller or a processor in the Union, and the controller or processor is established in more than one Member State, the supervisory authority of the main establishment of the controller or processor shall be competent for the supervision of the processing activities of the controller or the processor in all Member States, except with regard to decisions in response to the complaints referred to in Article 73, in which case it shall coordinate the actions of the supervisory authorities concerned, without prejudice to the provisions of Chapter VII of this Regulation.
Amendment 2603 #
2012/0011(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point d
Article 52 – paragraph 1 – point d
(d) conduct investigations either on its own initiative or, on the basis of a complaint or, on request of another supervisory authority or following a police complaint, and inform the data subject concerned, if the data subject has addressed a complaint to this supervisory authority, of the outcome of the investigations within a reasonable period;
Amendment 2609 #
2012/0011(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point j a (new)
Article 52 – paragraph 1 – point j a (new)
(ja) coordinate certification policies in the territory for which it is responsible, in accordance with the provisions of Article 39.
Amendment 2625 #
2012/0011(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point j a (new)
Article 53 – paragraph 1 – point j a (new)
(ja) to carry out audits or draw up audit plans on personal data protection
Amendment 2638 #
2012/0011(COD)
Proposal for a regulation
Article 54
Article 54
Each supervisory authority must draw up an annual report on its activities. The report shall be presented to the national parliamentrespective parliament and/or to the other authorities stipulated in the relevant national legislation and shall be made be available to the public, the Commission and the European Data Protection Board.
Amendment 2649 #
2012/0011(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Each supervisory authority shall take all appropriate measures required to reply to the request of another supervisory authority without delay and no later than one month15 days after having received the request. Such measures may include, in particular, the transmission of relevant information on the course of an investigation or enforcement measures to bring about the cessation or prohibition of processing operations contrary to this Regulation.
Amendment 2654 #
2012/0011(COD)
Proposal for a regulation
Article 55 – paragraph 8
Article 55 – paragraph 8
8. Where a supervisory authority does not act within one month15 days on request of another supervisory authority, the requesting supervisory authorities shall be competent to take a provisional measure on the territory of its Member State in accordance with Article 51(1) and shall submit the matter to the European Data Protection Board in accordance with the procedure referred to in Article 57.
Amendment 2661 #
2012/0011(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
5. Where a supervisory authority does not comply within one month15 days with the obligation laid down in paragraph 2, the other supervisory authorities shall be competent to take a provisional measure on the territory of its Member State in accordance with Article 51(1).
Amendment 2676 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 7
Article 58 – paragraph 7
7. The European Data Protection Board shall issue an opinion on the matter, if the European Data Protection Board so decides by simple majority of its members or any supervisory authority or the Commission so requests within one week after the relevant information has been provided according to paragraph 5. The opinion shall be adopted within one month by simple majority of the members of the European Data Protection Board. The chair of the European Data Protection Board shall inform, without undue delay, the supervisory authority referred to, as the case may be, in paragraphs 1 and 3, the Commission and the supervisory authority competent under Article 51 of the opinion and make it public.
Amendment 2687 #
2012/0011(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
Amendment 2689 #
2012/0011(COD)
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
Amendment 2691 #
2012/0011(COD)
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
Amendment 2694 #
2012/0011(COD)
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
Amendment 2704 #
2012/0011(COD)
Proposal for a regulation
Article 60
Article 60
Amendment 2722 #
2012/0011(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 – point a
Article 62 – paragraph 1 – subparagraph 1 – point a
Amendment 2724 #
2012/0011(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 – point b
Article 62 – paragraph 1 – subparagraph 1 – point b
Amendment 2728 #
2012/0011(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
Amendment 2747 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point g a (new)
Article 66 – paragraph 1 – point g a (new)
(ga) propose the concepts on which European certification policy should be based, monitor and assess implementation, and submit its conclusions to the Commission.
Amendment 2761 #
2012/0011(COD)
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
1. The European Data Protection Board shall elect a chair and two deputy chairpersons from amongst its members. One deputy chairperson shall be the European Data Protection Supervisor, unless he or she has been elected chair.
Amendment 2765 #
2012/0011(COD)
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. The European Data Protection Board shall have a secretariat. The European Data Protection Supervisor shall provideCommission shall provide the Council with the means necessary to run that secretariat.
Amendment 2774 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority in anytheir Member State of residence if they consider that the processing of personal data relating to them does not comply with this Regulation, or that the rights accorded to them under the regulation have not been fully respected.
Amendment 2780 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
2. Any body, organisation or association which aims to protect data subjects’ rights and interests concerning the protection of their personal data and has been properly constituted according to the law of a Member State shall have the right tomay lodge a complaint with a supervisory authority in anythat Member State on behalf of one or more data subjects if it considers that a data subject’s rights under this Regulation have been infringed as a result of the processing of personal datafor an alleged breach of this Regulation. The rights bestowed on it under this Regulation also empower it to act on behalf of one or more data subjects resident in that Member State, provided it has sufficient power of attorney to do so.
Amendment 2787 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
Amendment 2795 #
2012/0011(COD)
Proposal for a regulation
Article 74 – paragraph 1
Article 74 – paragraph 1
1. Each natural or legal person shall have the right to a judicial remedytake legal action against decisions of a supervisory authority concerning them or affecting them in any way.
Amendment 2798 #
2012/0011(COD)
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. Each data subject shall have the right to a judicial remedy obliging the supervisory authority to actIf the supervisory authority has not informed the data subject of the status onf a complaint within the absence of a decision necessary to protect their rights, or whereree months of its being lodged, the complaint will be deemed to have been rejected. The complaint will also be deemed to have been rejected if the supervisory authority doehas not inform the data subject within three months on the progress or outcome of the complaint pursuant to point (b) of Article 52(1)definitively resolved it within six months.
Amendment 2801 #
2012/0011(COD)
Proposal for a regulation
Article 74 – paragraph 4
Article 74 – paragraph 4
Amendment 2807 #
2012/0011(COD)
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
1. Without prejudice to any available administrative remedy, including the right to lodge a complaintpursue legal action with a supervisory authority as referred to in Article 73, every natural person shall have the right to a judicial remedy if they consider that their rights under this Regulation have been infringed as a result of the processing of their personal data in non-compliance with this Regulation.
Amendment 2809 #
2012/0011(COD)
Proposal for a regulation
Article 75 – paragraph 3
Article 75 – paragraph 3
3. Where proceedings are pending in the consistency mechanism referred to in Article 58, which concern the same measure, decision or practice, a court may suspend the proceedings brought before it at the request of one of the parties, and after having heard all of the parties, except where the urgency of the matter for the protection of the data subject's rights does not allow to wait for the outcome of the procedure in the consistency mechanism.
Amendment 2814 #
2012/0011(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. Any body, organisation or association referred to in Article 73(2) shall have the right to exercise the rights referred to in Articles 74 and 75 on behalf of one or more data subjects if it has been granted the requisite powers to do so.
Amendment 2815 #
2012/0011(COD)
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
Amendment 2816 #
2012/0011(COD)
Proposal for a regulation
Article 76 – paragraph 4
Article 76 – paragraph 4
Amendment 2840 #
2012/0011(COD)
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
2. Where the controller has established a representative, any penalties shall be applied to the representative in this specific capacity and the representative shall be required to comply with them, without prejudice to any penalties which could be initiated against the controller.
Amendment 2846 #
2012/0011(COD)
Proposal for a regulation
Article 79 paragraph 7 a (new)
Article 79 paragraph 7 a (new)
7a. The Commission shall compile an electronic record of previous instances accessible to all national supervisory authorities. The Commission shall be empowered to adopt delegated acts pursuant to Article 86 for the purpose of managing the electronic record of previous instances in accordance with this article.
Amendment 2860 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The administrative sanction shall be in each individual case effective, proportionate and dissuasive. The amount of the administrative fine shall be fixed with due regard to the nature, gravity and duration of the breach, the intentional or negligent character of the infringement or the type of negligence leading to it, the degree of responsibility of the natural or legal person and of previous breaches by this person, the technical and organisational measures and procedures implemented pursuant to Article 23 and the degree of co-operation with the supervisory authority in order to remedy the breach, as well as the true economic situation of those penalised.
Amendment 2875 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – introductory part
Article 79 – paragraph 3 – introductory part
3. In case of a first and non-intentional non-compliance with this Regulation, a warning in writing may be given and no sanction imposedin the absence of any record of previous unappealable instances or where the record has been expunged, a warning in writing may be given and, in such an instance, no sanction imposed, with the sole exception of alternative corrective measures, which may only be imposed in the following cases and in the following form, where:
Amendment 2881 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – point b
Article 79 – paragraph 3 – point b
(b) an enterprise or an organisation employing fewer than 250 persons is processing personal data only as an activity ancillary to its main activitiesis willing to cooperate with the supervisory authority for the introduction of corrective measures designed to avoid similar cases of non-compliance in future. Cooperation in this area shall be governed by binding agreements with the supervisory authority. Failure to collaborate with the duly accredited supervisory authority within six months from the beginning of the proceedings shall incur the fine which would originally have been imposed.
Amendment 2883 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – point b a (new)
Article 79 – paragraph 3 – point b a (new)
(ba) public administrations shall collaborate with supervisory authorities to establish ways of avoiding similar infringements in future. Collaboration in this area shall be determined on the basis of the agreements or decisions adopted by the administration concerned, which shall be referred to at the outset with regard to the measures taken. Failure to collaborate with the duly accredited supervisory authority within one year from the beginning of the proceedings shall incur the fine which would originally have been imposed.
Amendment 2899 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 5 – introductory part
Article 79 – paragraph 5 – introductory part
5. The supervisory authority shall impose a fine up to 500 000 EUR or, in case of an enterprise, up to 1 % of its average annual worldwide turnover,profits to anyone who, intentionally or negligently:
Amendment 2908 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 5 – point a
Article 79 – paragraph 5 – point a
(a) does not provide the information, or does provide manifestly incomplete information, or does not provide the information in a sufficiently transparent manner, to the data subject pursuant to Article 11, Article 12(3) and Article 14;
Amendment 2910 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 5 – point c
Article 79 – paragraph 5 – point c
(c) does not comply with a request concerning the right to be forgotten or to erasure, or fails to put mechanisms in place to ensure that the time limits are observed or does not take all necessary steps to inform third parties that a data subjects requests to erase any links to, or copy or replicat in accordance with the provisions of the personal data pursuant Article 17;is Regulation.
Amendment 2911 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 5 – point d
Article 79 – paragraph 5 – point d
(d) does not provide a copy of the personal data in electronic format or for no legitimate reason hinders the data subject to transmit the personal data to another application in violation of Article 18;
Amendment 2915 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 5 – point f
Article 79 – paragraph 5 – point f
(f) does not or not sufficiently maintain the documentation pursuant to Article 28, Article 31(4), and Article 44(3)report or ensure that it is able to report to the supervisory authority where required to do so and in the manner stipulated in this Regulation, except in the case of serious misconduct under the terms of this Regulation or the implementing legislation of the Member States;
Amendment 2920 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – introductory part
Article 79 – paragraph 6 – introductory part
6. The supervisory authority shall impose a fine up to 1 000 000 EUR or, in case of an enterprise, up to 2 % of its average annual worldwide turnover,profits to anyone who, intentionally or negligently:
Amendment 2929 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – point c
Article 79 – paragraph 6 – point c
(c) does not comply with an objection or the requirement pursuant to Article 19; unless duly justified by real and legitimate grounds or reasons in accordance with this Regulation;
Amendment 2930 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – point d
Article 79 – paragraph 6 – point d
Amendment 2932 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – point e
Article 79 – paragraph 6 – point e
Amendment 2934 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – point h
Article 79 – paragraph 6 – point h
(h) does not alert on or notify a personal data breach or does not timely or completely notify the data breach to the supervisory authority or to the data subject where mandatory pursuant to Articles 31 and 32;
Amendment 2936 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – point i
Article 79 – paragraph 6 – point i
(i) does not carry out a data protection impact assessment pursuant or processes personal data without prior authorisation or prior consultation of the supervisory authority where mandatory pursuant to Articles 33 and 34;
Amendment 2937 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – point j
Article 79 – paragraph 6 – point j
(j) does not designate a data protection officer or does not ensure the conditions for fulfillingensure that the conditions are met to enable the Data Protection Officer to carry out the tasks pursuant to Articles 35, 36 and 37;
Amendment 2938 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – point k
Article 79 – paragraph 6 – point k
(k) misuses a data protection seal or mark, mark or certification in the meaning of Article 39;
Amendment 2939 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 a (new)
Article 79 – paragraph 6 a (new)
6a. For the purpose of this article, the record of previous unappealable sanctions for infringements through negligence shall be expunged within the following periods: (a) two years if the sanctions are accompanied by any of the fines specified under paragraph 4; (b) four years if the sanctions are accompanied by any of the fines specified under paragraph 5; (c) six years if the sanctions are accompanied by any of the fines specified under paragraph 6.
Amendment 2941 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 b (new)
Article 79 – paragraph 6 b (new)
6b. For the purpose of this article, the record of previous unappealable sanctions for infringements committed through serious negligence or with intent shall be expunged within the following periods: (a) five years if the sanctions are accompanied by any of the fines specified under paragraph 4; (b) ten years if the sanctions are accompanied by any of the fines specified under paragraph 5; (c) fifteen years if the sanctions are accompanied by any of the fines specified under paragraph 6.
Amendment 2991 #
2012/0011(COD)
Proposal for a regulation
Article 81 – paragraph 3
Article 81 – paragraph 3
Amendment 3040 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 3
Article 82 – paragraph 3
Amendment 3052 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 – introductory part
Article 83 – paragraph 1 – introductory part
1. Within the limits of this Regulation, personal data may be processed for historical, statistical or scientific research purposes, or for the purposes of a preliminary official or administrative investigation to determine biological parentage, only if:
Amendment 3056 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 – point b
Article 83 – paragraph 1 – point b
(b) data enabling the attribution of information to an identified or identifiable data subject is kept separately from the other information as long as these purposes can be fulfilled in this manner. The personal data being processed in the context of a preliminary official or administrative investigation to determine biological parentage shall only be communicated to data subjects when appropriate and without prejudice to the lodging of a criminal complaint if legal provision is made therefor.
Amendment 3088 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 3
Article 83 – paragraph 3
Amendment 3103 #
2012/0011(COD)
Proposal for a regulation
Article 85 – paragraph 1
Article 85 – paragraph 1
1. Where in a Member State, churches and religious associations or communities apply, at the time of entry into force of this Regulation, comprehensive rules relating to the protection of individuals with regard to the processing of personal data, such rules may continue to apply and may if necessary be amended, provided that they are brought in line with the provisions of this Regulation.
Amendment 3106 #
2012/0011(COD)
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. Churches and religious associations which apply comprehensive rules in accordance with paragraph 1 shall provide for the establishment of an independent supervisory authority in accordance with Chapter VI of this Regulation or alternatively obtain the certification necessary for the procedures required under Article 39.
Amendment 20 #
2011/2286(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Underlines the need, as expressed in the European Consensus on Development in paragraph 66 , to give appropriate attention to MICs, especially to lower middle-income countries, many of which face problems similar to those of low- income countries;
Amendment 71 #
2011/2286(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Recalls that one of the priority objectives of the European Union’s external action is to encourage the strengthening of democratic systems and the defence of human rights around the world, and consequently in Latin America;
Amendment 109 #
2011/2286(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas human rights, democracy and good governance are of particular relevance in the Agenda for Change; whereas LA is a continent where democracy is generally established, with which Europe shares democratic values and principles, and where it is necessary to support the governance and institutional structure of the State, which is threatened by violence and insecurity;
Amendment 144 #
2011/2286(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the corruption linked to criminal networks that are specially dedicated to the distribution and trafficking of narcotics, and that penetrate institutions, distribute among themselves zones of territorial influence, and cause collateral damage, poses a threat to the democratic systems and the collective security of LA, giving rise to serious problems of instability and political governance;
Amendment 21 #
2011/0449(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Commission carried out an impact assessment in 2011, so as to evaluate whether or not the programme should be continued. The outcome was that it should be renewed with improved objectives and methodology.
Amendment 23 #
2011/0449(COD)
Proposal for a regulation
Article 2
Article 2
The Programme shall contribute toentail an increased in transnational cooperation for the protecinside and outside the Union, paying particular attention tof the euro at Union level and internationally and toose Member States or third countries that have the highest rates of euro counterfeiting, as shown by the greater effectiveness of these operationsports issued by the competent authorities; this cooperation shall be implemented on the basis of best practices, common standards and joint specialised training.
Amendment 25 #
2011/0449(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The specific objective of the Programme shall be to protect the euro banknotes and coins against counterfeiting and related fraud, by supporting and supplementing the measures undertaken by the Member States and assisting the competent national and European authorities in their efforts to develop between themselves and with the European Commission a close and regular cooperation, also including third countries and international organisatio, international organisations and private entities that have developed and provided evidence of technical knowledge and/or teams specialising in detecting counterfeit notes and coins.
Amendment 26 #
2011/0449(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) judicial officers and, specialist lawyers and members of the judiciary in this field;
Amendment 28 #
2011/0449(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g a (new)
Article 7 – paragraph 2 – point g a (new)
(ga) private entities that have developed and provided evidence of technical knowledge and/or teams specialising in detecting counterfeit notes and coins.
Amendment 33 #
2011/0449(COD)
Proposal for a regulation
Article 8 – paragraph 4 – point c
Article 8 – paragraph 4 – point c
(c) Grants to finance the purchase of equipment to be used by specialised anti- counterfeiting authorities for protecting the euro against counterfeiting, in keeping with Article 10(3).
Amendment 34 #
2011/0449(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The co-financing rate for grants awarded under the programme shall not exceed 80 % of the eligible costs. In exceptional and duly justified cases, defined in the annual work programme referred to in Article 11, the co-financing rate shall not exceed 90 % of the eligible costs. This increase in co-financing is necessary in order to give the Member States greater economic flexibility, thus enabling them to carry out and complete projects to protect and safeguard the euro in a satisfactory manner.
Amendment 36 #
2011/0449(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
In order to implement the programme the Commission shall adopt annual work programmes. They shall set out the objectives pursued, the expected results, the method of implementation and their total amount. They shall also contain a description of the actions to be financed, the way in which they are to be financed and an indication of the amount allocated to each action and an indicative implementation timetable. They shall include for grants the priorities, the essential evaluation criteria and the maximum rate of co-financing.
Amendment 264 #
2011/0406(COD)
Proposal for a regulation
Article 1 – paragraph 1 d (new)
Article 1 – paragraph 1 d (new)
1d. Existing country-specific geographic cooperation with non-eligible partner countries may be phased out in close coordination with other donors, on a case- by-case basis; ending this type of cooperation will, wherever appropriate, be accompanied by a policy dialogue with the country concerned, focusing on the needs of the poorest and most vulnerable groups.
Amendment 277 #
2011/0406(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point a
Article 3 – paragraph 2 – subparagraph 1 – point a
(a) needs, based on criteria including population, income per capita, the extent of poverty, social vulnerability, income distribution and the level of human development;
Amendment 278 #
2011/0406(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point b
Article 3 – paragraph 2 – subparagraph 1 – point b
(b) capacities to generate and access financial resources and, absorption capacities and income distribution to contribute to poverty alleviation; and
Amendment 280 #
2011/0406(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point c a (new)
Article 3 – paragraph 2 – subparagraph 1 – point c a (new)
(c a) the potential impact of EU development aid.
Amendment 287 #
2011/0406(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 a (new)
Article 3 – paragraph 3 – subparagraph 1 a (new)
Particular attention shall be given to strengthening the rule of law, strengthening the capacities and independence of elected bodies such as parliaments, improving access to justice and supporting civil society and local authorities as well as promoting dialogue, an enabling environment for citizens' participation, reconciliation and institution-building, including at local and regional level; specific attention shall be paid to private sector and trade development as important drivers for development.
Amendment 294 #
2011/0406(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. In implementing this Regulation, consistency shall be ensuredthe Union shall strive for consistency with other areas of Union external action and with other relevant Union policies. To this end, measures financed under this Regulation, including those managed by the EIB, shall be based on the cooperation policies set out in instruments such as included in agreements, declarations and action plans between the Union and the third countries and regions concerned, and on the Union's decisions, specific interests, policy priorities and strategies.
Amendment 304 #
2011/0406(COD)
Proposal for a regulation
Article 3 – paragraph 9
Article 3 – paragraph 9
9. The Union wishall support inter alia the implementation of bilateralcountry-specific, regional and multilateral cooperation and dialogue, the development dimension of partnership agreements, south-south and triangular cooperation.
Amendment 306 #
2011/0406(COD)
Proposal for a regulation
Article 3 – paragraph 10
Article 3 – paragraph 10
10. The Commission shall seekensure regular exchanges of information with civil society organisations (such as foundations, universities, professional corporate organisations or trade unions) and with local authorities and ensure that those actors are appropriately involved in the process of designing, implementing, monitoring and evaluating Union support.
Amendment 318 #
2011/0406(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The objective of Union assistance under the programme ‘'Global public goods and challenges’' shall be to support actions in areas such as thefrom among the following subthemes: environment and climate change, sustainable and renewable energy, human development, food security, and migration and asylum.
Amendment 354 #
Amendment 355 #
Amendment 356 #
Amendment 357 #
Amendment 931 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 6 – point 6.2 a (new)
Annex 1 – section 3 – point 6 – point 6.2 a (new)
6.2 a. – Societies which respect their cultural heritage and promote its economic development Although cultural heritage is one of the European economy’s most promising sectors for the near future, there are technological, social and cultural barriers which need to be surmounted. Specific objectives: – to promote research directed at the conservation and protection of cultural heritage – to develop economic models and methods with which to assess the socioeconomic aspects of cultural heritage
Amendment 1730 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 6.3 – point 6.3.2 a (new)
Annex 1 – Part 3 – point 6.3 – point 6.3.2 a (new)
6.3.2 Societies which respect their cultural heritage and promote its economic development. Although cultural heritage is one of the European economy’s most promising sectors for the near future, there are technological, social and cultural barriers which need to be surmounted. Specific objectives: - to promote research directed at the conservation and protection of cultural heritage to develop economic models and methods with which to assess the socioeconomic aspects of cultural heritage
Amendment 703 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point b – row 10
Annex – Part I – point b – row 10
Amendment 719 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point b – rows 28 a-c (new)
Annex – Part I – point b – rows 28 a-c (new)
Palencia – Other Core Rail Studies and Santander Network works Castejón – Other Core Rail Studies and Logroño – Network works Miranda Almería – Other Core Rail Studies and Málaga – Network works Algeciras (along the coast)
Amendment 878 #
2011/0294(COD)
add the following multimodal platforms to the comprehensive network: – Pontevedra – Zalia – Torrelavega – Júndiz – Monzón – El Vallés – El Prat – El Gorguel – Ciudad Real – Albacete – San Roque – Mérida – Ponferrada/El Bierzo – Castellón – Alicante – Benavente – Zamora – Miranda de Ebro – Burgos – Palencia – Área Central – Aranda de Duero – Soria – Arévalo – Ávila – Segovia
Amendment 879 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 16/33
Annex I – Volume 16/33
add the following rail freight transport sections to the core network: – Almería – Málaga – Algeciras (along the coast) – Granada – Motril – Castejón – Logroño – Miranda – León – Gijón / Avilés – Palencia – Santander – Madrid – Cáceres – Mérida – Mérida – Badajoz – Portuguese border – Mora – Ciudad Real – Mérida
Amendment 881 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 16/33
Annex I – Volume 16/33
Amendment 891 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 17/33
Annex I – Volume 17/33
add the following rail passenger transport sections to the core network: – Madrid – Toledo – Madrid – Alcázar – Albacete – Murcia – Almería – Málaga – Algeciras (along the coast) – Avilés – Oviedo – Bilbao – Santander – Oviedo – El Ferrol – A Coruña – Castejón – Logroño – Miranda – Mora – Alcázar – Linares – Moreda/Jaén/Córdoba – Ourense – Vigo (via Cercedo) – Ourense – Monforte – Lugo – A Coruña – Palencia – Santander – Segovia – Ávila – Sevilla – Cádiz – Sevilla – Huelva – Portuguese border – Valencia – Alicante (along the coast) – Motilla – Albacete – La Encina – Santiago – Vigo – Portuguese border – Granada – Motril – Antequera – Málaga – Madrid – Ávila – Salamanca – León – Monforte – Torralba – Soria – Castejón – Plasencia – León – Gijón
Amendment 892 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 17/33
Annex I – Volume 17/33
add the following rail passenger transport sections to the comprehensive network: – Almendricos – Águilas – Barcelona – Massanet – Barcelona – Puigcerdá – Játiva – Alcoy – Lleida – Manresa – Barcelona – Los Rosales – Zafra – Madrid – Burgos – Villalba – Segovia
Amendment 894 #
2011/0294(COD)
add the following high-quality road sections to the comprehensive network: – Valladolid – Aranda de Duero – Soria – Ourense – Santiago – Ourense – Guntín – Ponferrada – Ourense – Monforte – Chantada – Astorga – León – Burgos – Burgos – Logroño – Pamplona – Ávila – Salamanca – León – Valladolid – Segovia – Valladolid – Ávila – Maqueda – Toledo – Ocaña – Tarancón – Cuenca – Teruel – Alfajarín – Fraga -Catalayud – Daroca – Alcolea del Pinar – Monreal del Campo – Badajoz – Zafra – Córdoba – Baena – Granada – Huelva – Jabugo – Zafra – Estepa – Lucena – Baena – Jaén – Úbeda – Blanca – Avarán – La Font de la Figuera – Alicante – Alcoy – Játiva – Elche – Cartagena – Vera – Figueras – Puigcerdá – Ávila – Villacastín – San Rafael – Segovia
Amendment 307 #
2011/0288(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Following the Commission decision approving the programme, an initial prefinancing amount for the whole programming period shall be paid by the Commission. This initial pre-financing amount shall represent 4% of the EAFRD contribution to the programme concerned. It may be split into a maximum of three instalments depending on budget availability. The first instalment shall represent 27% of the EAFRD contribution to the programme concerned.
Amendment 163 #
2011/0282(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Agri-environment-climate payments should continue to play a prominent role in supporting the sustainable development of rural areas and in responding to society's increasing demands for environmental services. They should further encourage farmers and other land managers to serve society as a whole by introducing or continuing to apply agricultural practices contributing to climate change mitigation and adaptation and compatible with the protection and improvement of the environment, the landscape and its features, natural resources, the soil and genetic diversity. In this context the conservation of genetic resources in agriculture and the additional needs of farming systems that are of high nature value should be given specific attention. Payments should contribute to covering additional costs and income foregone resulting from the commitments undertaken and should only cover commitments going beyond relevant mandatory standards and requirements, in accordance with the "polluter pays" principle. In many situations the synergies resulting from commitments undertaken jointly by a group of farmers or a group of other land managers multiply the environmental and climate benefit. However, joint action brings additional transaction costs which should be compensated adequately. In order to ensure that farmers and other land managers are in a position to correctly implement the commitments they have undertaken, Member States should endeavour to provide them with the required skills and knowledge. Member States should maintain the level of efforts made during the 2007-2013 programming period and have to spend a minimum of 25 % of the total contribution from the EAFRD to each rural development programme for climate change mitigation and adaptation and land management, through the agri- environment-climate, and organic farming measures, and payments to areas facing natural or other specific constraints measurescovered by the application of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, or Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy.
Amendment 331 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – introductory part
Article 5 – paragraph 1 – point 2 – introductory part
2) enhancing competitiveness of all types of agriculture and forestry and enhancing farm viability, with a focus on the following areas:
Amendment 338 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point a
Article 5 – paragraph 1 – point 2 – point a
a) facilitating restructuring of farms facing major structural problems, notably farms with a low degree of market participation, market-oriented farms in particular sectors and farms in need of agricultural diversificationencouraging investment in innovative farm technologies and facilitating their spread and uptake;
Amendment 355 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point b
Article 5 – paragraph 1 – point 2 – point b
b) facilitating generational renewal in the agricultural sector.try into the farming sector of new, fully skilled, workers, including through generational renewal;
Amendment 363 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point b a (new)
Article 5 – paragraph 1 – point 2 – point b a (new)
ba) improving the economic performance of all farms, increasing market participation, orientation and diversification;
Amendment 371 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point b b (new)
Article 5 – paragraph 1 – point 2 – point b b (new)
bb) facilitating restructuring of farms, notably farms with a low degree of market participation, market-oriented farms in particular sectors and farms in need of agricultural diversification.
Amendment 943 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
c) annual payments for farmers participating in the voluntary small farmers scheme established by Title V of Regulation (EU) No DP/2012 (hereafter "the small farmers scheme") who permanently transfer their holding to another farmer.
Amendment 976 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
Support under paragraph 1(a)(ii) shall be granted to farmers or members of the farm household diversifying into non- agricultural activities and to non- agricultural micro- and small- enterprises in rural areas.
Amendment 991 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 4
Article 20 – paragraph 2 – subparagraph 4
Support under paragraph 1(b) shall be granted to non- agricultural micro- and small- enterprises in rural areas and to farmers or members of the farm household.
Amendment 999 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 5
Article 20 – paragraph 2 – subparagraph 5
Support under paragraph 1(c) shall be granted to farmers participating in the voluntary small farmers scheme, at the time of submitting their application for support, for at least one year and who commit to permanently transfer their entire holding and the corresponding payment entitlements to another farmer. Support shall be paid from the date of the transfer until 31 December 2020.
Amendment 1003 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 5 a (new)
Article 20 – paragraph 2 – subparagraph 5 a (new)
Support under paragraph 1(ca) shall be granted to farmers who have practised farming for at least 10 years, are not less than 60 years old, and who commit to permanently transfer their entire holding, with the permanent transfer of all the corresponding payment entitlements, to another farmer and stop all commercial farming activity definitively.
Amendment 1015 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 2 a (new)
Article 20 – paragraph 4 – subparagraph 2 a (new)
Support under paragraph 1(a)(i) may also be targeted at land leasing for young farmers, taking the form of a bank guarantee for land lease contracts and support for interest rates and tax exemptions.
Amendment 1124 #
2011/0282(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Support under Article 22(1)(a) shall be granted to public and private land-owners and tenants, municipalities and their associationother land managers and shall cover the costs of establishment and an annual premium per hectare to cover the loss of farming income and the costs of maintenance, including early and late cleanings, for a maximum period of ten years.
Amendment 1152 #
2011/0282(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Support under Article 22(1)(b) shall be granted to public and private landowners, tenants, municipalities and their associationother land managers and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance for a maximum period of three years.
Amendment 1209 #
2011/0282(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Support under Article 22(1)(d) shall be granted to natural persons, private forest owners, private law and semi-public bodies, municipalities and their associations. In the case of state forests support may also be granted to bodies managing such forests, which are independent from the state budget and other land managers.
Amendment 1334 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Payments shall be granted annually and shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20% of the premium paid for the agri- environment-climate commitments. Where commitments are undertaken by groups of farmers, the maximum level shall be 30% or groups of other land managers, the maximum level shall be 30 % or groups of other land managers.
Amendment 1639 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Support under Article 37(1)(c) may only be granted where the drop of income exceeds 30% of the average annual income of the individual farmer in the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of Article 37(1)(c) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund or from insurance to farmers shall compensate for not more than 70% of the income lost.
Amendment 1711 #
2011/0282(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. In the case of irrigation, only investments that lead to a reduction of previous water use by at least 25% shall be considered as eligible expenditure. By way of derogation, in the Member States that adhered to the Union from 2004 onwardsinfrastructure and installations shall be deemed eligible expenditure when the aim is as follows: greater efficiency in the use of water and energy in agriculture; greater security regarding supply of water to agricultural produce; investments in new irrigareas of irrigated land under national installations can be considered eligible expenditure in cases where an environmental analysis provides eterest plans or regional policy plans which contribute to rural development and territorial rebalancing. In all cases evidence must be providenced that the investment concerned is sustainable and has no negative environmental impact.
Amendment 605 #
2011/0281(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point n
Article 1 – paragraph 2 – point n
(n) raw tobacco, Part XIV of Annex I;
Amendment 618 #
2011/0281(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) 1 October to 30 SeptemberJuly to 30 June of the following year for the sugar sector.
Amendment 630 #
2011/0281(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
By means of a delegated act, the Commission shall review the reference prices laid down in paragraph 1 each year in line with production and market trends.
Amendment 737 #
2011/0281(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15a Mandatory Aid 1. Aid shall be granted for the private storage of butter produced from cream obtained directly and exclusively from cow’s milk. 2. The conditions and requirements relating to this subsection shall be adopted by the Commission by means of delegated acts in accordance with Article 160 and by means of implementing acts in accordance with the examination procedure laid down in Article 162(2). 3. Measures setting Union aid for the private storage of butter shall be adopted by the Council in accordance with Article 43(3) of the Treaty.
Amendment 748 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a a (new)
Article 16 – paragraph 1 – point a a (new)
a a) dried fodder;
Amendment 779 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
Amendment 786 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point e b (new)
Article 16 – paragraph 1 – point e b (new)
e b) poultrymeat and rabbitmeat;
Amendment 806 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The Commission shall, however, be empowered to adopt delegated acts in accordance with Article 90 with a view to applying this measure to any other sector listed in Article 1 of this Regulation if the circumstances referred to in Article 17(1) apply.
Amendment 814 #
2011/0281(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it maythe decidesion to grant private storage aid for the products listed in Article 16 will be made, taking into account: a) average recorded Union market prices and the reference prices for the products concerned orand/or b) the need to respond to a particularly difficult market situation or economic developments in the sector in one or more Member States. which are particularly difficult and/or which have a significant impact on producers’ profit margins in the sector in one or more Member States and/or c) the particular nature of certain sectors or the seasonality of production in certain Member States.
Amendment 841 #
2011/0281(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a Additional conditions for granting storage aid for white sugar 1. Decisions to grant aid for the storage of white sugar, under the terms laid down in Article 17(2), may only be taken in respect of undertakings that have been allocated a sugar quota. 2. Sugar stored in accordance with the provisions of this section during a marketing year may not be subject to any other of the storage measures referred to in Articles 24 and 33.
Amendment 846 #
2011/0281(COD)
Proposal for a regulation
Article 17 b (new)
Article 17 b (new)
Article 17b Coordination of temporary withdrawals from the market 1. With a view to preventing major market imbalances or restoring the normal operation of the market if it has been seriously disrupted, associations of producer organisations in one of the sectors referred to in Paragraph 2(1) of this Regulation which are considered to be representative within the meaning of Article 110 of this Regulation may set up and operate a system for the coordination of temporary withdrawals from the market carried out by their members, and may even temporarily withdraw from the market or process products on their behalf.
Amendment 1005 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – introductory part
Article 31 – paragraph 1 – subparagraph 1 – introductory part
1. Operational programmes in the fruit and vegetables sector shall have at least two of the objectives i), ii) and iii) referred to in Article 106(c) or two of the following objectives:
Amendment 1011 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point c
Article 31 – paragraph 1 – subparagraph 1 – point c
c) boosting products’ commercial value, even by means of processing, where appropriate;
Amendment 1013 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point e
Article 31 – paragraph 1 – subparagraph 1 – point e
e) environmental measures and methods of production, particularly relating to water, and methods of production, handling, manufacture and processing respecting the environment, including organic farming and integrated production;
Amendment 1030 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point c
Article 31 – paragraph 2 – subparagraph 1 – point c
c) promotion and communication, whether preventive or during periods of crisis;
Amendment 1042 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point f
Article 31 – paragraph 2 – subparagraph 1 – point f
f) support for the administrative costs of setting up mutual funds, including contributions to mutual funds, under conditions to be set by the Commission.
Amendment 1051 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 1 – point a
Article 31 – paragraph 3 – subparagraph 1 – point a
Amendment 1052 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 1 – point b
Article 31 – paragraph 3 – subparagraph 1 – point b
Amendment 1053 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 3
Article 31 – paragraph 3 – subparagraph 3
Amendment 1054 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 2
Article 31 – paragraph 3 – subparagraph 2
Amendment 1055 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 4
Article 31 – paragraph 3 – subparagraph 4
Amendment 1057 #
2011/0281(COD)
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1
Article 32 – paragraph 2 – subparagraph 1
2. The Union financial assistance shall be limited tosubject to a maximum ceiling of 4.1 % of the value of the marketed production of each producer organisation and/or association, including, where appropriate, the value of marketed products prior to processing.
Amendment 1062 #
2011/0281(COD)
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 2 a (new)
Article 32 – paragraph 2 – subparagraph 2 a (new)
2a) If paragraph 3 of this article applies, this percentage may be increased to 6.15 %.
Amendment 1069 #
2011/0281(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
Amendment 1156 #
2011/0281(COD)
Proposal for a regulation
Article 48 – paragraph 1 – introductory part
Article 48 – paragraph 1 – introductory part
1. Support may be granted for tangible or intangible investments in processing facilities, winery infrastructure and, marketing of wine which improve the overall performance of the enterprisestructures and tools, including specialised human resources, and distilleries which improve the overall performance of the enterprise, its adaptation to market demands and increase its competitiveness on the internal market and in third country markets and concern one or more of the following:
Amendment 1246 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. The marketing standards referred to in paragraph 1 may cover one or more of the following requirements, in line with a sectoral approach based on the specific characteristics of each sector, the need to regulate the placing of products on the market and the conditions defined in paragraph 3:
Amendment 1250 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 2 – point d
Article 59 – paragraph 2 – point d
(d) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms, except for products of the wine sector; Marketing rules cannot under any circumstances require product labelling to include the phytosanitary procedures undergone by such products;
Amendment 1310 #
2011/0281(COD)
Proposal for a regulation
Article 64 a (new)
Article 64 a (new)
Amendment 1417 #
2011/0281(COD)
Proposal for a regulation
Part 2 – title 2 – chapter 2 – section 1 a (new)
Part 2 – title 2 – chapter 2 – section 1 a (new)
SPECIFIC MEASURES
Amendment 1419 #
2011/0281(COD)
Proposal for a regulation
Article 100 a (new)
Article 100 a (new)
Article 100a Duration With the exceptions of Article 101, paragraphs 1, 2b, 2d and 2e, and Article 101a, this section shall only apply until the end of the 2019/2020 marketing year.
Amendment 1436 #
2011/0281(COD)
Proposal for a regulation
Article 101 – paragraph 2 a (new)
Article 101 – paragraph 2 a (new)
2a. In delivery contracts, a distinction shall be made according to whether the quantities of sugar to be manufactured from sugar beet will be: a) quota sugar; or b) out-of-quota sugar.
Amendment 1438 #
2011/0281(COD)
Proposal for a regulation
Article 101 – paragraph 2 b (new)
Article 101 – paragraph 2 b (new)
2b. Each sugar undertaking shall provide the Member State in which it produces sugar with the following information: a) the quantities of beet referred to in point (a) of paragraph 2a, for which they have concluded pre-sowing delivery contracts and the sugar content on which those contracts are based; b) the corresponding estimated yield. Member States may require additional information.
Amendment 1440 #
2011/0281(COD)
Proposal for a regulation
Article 101 – paragraph 2 c (new)
Article 101 – paragraph 2 c (new)
2c. Sugar undertakings which have not signed pre-sowing delivery contracts at the minimum price for quota beet, as provided for in Article 101g, for a quantity of beet equivalent to the sugar for which they hold a quota, adjusted, as the case may be, by the coefficient for a preventive withdrawal fixed pursuant to the first subparagraph of Article 101d(2), shall be required to pay at least the minimum price for quota beet for all the sugar beet they process into sugar.
Amendment 1442 #
2011/0281(COD)
Proposal for a regulation
Article 101 – paragraph 2 d (new)
Article 101 – paragraph 2 d (new)
2d. Subject to the approval of the Member State concerned, agreements within the trade may derogate from paragraphs 2a, 2b and 2c.
Amendment 1444 #
2011/0281(COD)
Proposal for a regulation
Article 101 – paragraph 2 e(new)
Article 101 – paragraph 2 e(new)
2e. If no agreements within the trade exist, the Member State concerned shall take the necessary steps compatible with this Regulation to protect the interests of the parties concerned.
Amendment 1446 #
2011/0281(COD)
Proposal for a regulation
Article 101 a (new)
Article 101 a (new)
Article 101a Price reporting in the sugar market The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2), introduce a system for reporting sugar market prices, including arrangements for publishing the price levels for this market. The system shall be based on information submitted by undertakings producing white sugar or by other operators involved in the sugar trade. This information shall be treated as confidential. The Commission shall ensure that the information published does not permit the identification of prices of individual undertakings or operators.
Amendment 1447 #
2011/0281(COD)
Proposal for a regulation
Article 101 c (new)
Article 101 c (new)
Amendment 1452 #
2011/0281(COD)
Proposal for a regulation
Article 101 d (new)
Article 101 d (new)
Amendment 1453 #
2011/0281(COD)
Proposal for a regulation
Article 101 e (new)
Article 101 e (new)
Article 101e Delegated powers In order to take into account the specificities of the sugar sector and to ensure that the interests of all parties are duly taken into account, the Commission may, by means of delegated acts adopted in accordance with Article 160, introduce rules on: a) delivery contracts and purchase terms as referred to Article 101(1); b) the criteria to be applied by the sugar undertakings when allocating among beet sellers the quantities of beet to be covered by pre-sowing delivery contracts as referred to in Article 101(2b).
Amendment 1454 #
2011/0281(COD)
Proposal for a regulation
Article 101 f (new)
Article 101 f (new)
Article 101f Quotas in the sugar sector 1. A quota system shall apply to sugar, isoglucose and inulin syrup. 2. As regards the quota systems referred to in paragraph 1 of this Article, if a producer exceeds the relevant quota and does not make use of the surplus quantities as provided for in Article 101l, a surplus levy shall be payable on such quantities, subject to the conditions set out in Articles 101l to 101o.
Amendment 1456 #
2011/0281(COD)
Proposal for a regulation
Article 101 g (new)
Article 101 g (new)
Article 101g Minimum beet price 1. The minimum price for quota beet shall be EUR 26.29 per tonne until the end of the 2019/2020 marketing year. 2. The minimum price referred to in paragraph 1 shall apply to sugar beet of the standard quality defined in point B of Annex III. 3. Sugar undertakings buying quota beet suitable for processing into sugar and intended for processing into quota sugar shall be required to pay at least the minimum price, adjusted by price increases or reductions to allow for deviations from the standard quality. In order to adjust the price where the actual quality of sugar beet differs from the standard quality, the increases and reductions referred to in the first subparagraph shall be applied in accordance with rules laid down by the Commission by means of delegated acts adopted pursuant to Article 101p(5). 4. For the quantities of sugar beet corresponding to the quantities of industrial sugar or surplus sugar that are subject to the surplus levy provided for in Article 101o, the sugar undertaking concerned shall adjust the purchase price so that it is at least equal to the minimum price for quota beet.
Amendment 1461 #
2011/0281(COD)
Proposal for a regulation
Article 101 h (new)
Article 101 h (new)
Article 101h Quota allocation 1. The quotas for the production of sugar, isoglucose and inulin syrup at national or regional level are fixed in Annex IIIb. 2. The Member States shall allocate a quota to each undertaking producing sugar, isoglucose or inulin syrup established in its territory and approved under Article 101i. For each undertaking, the allocated quota shall be equal to the quota allocated to the undertaking for the marketing year 2010/2011 under Regulation (EC) No 513/2010. 3. In case of allocation of a quota to a sugar undertaking having more than one production unit, the Member States shall adopt the measures they consider necessary in order to take due account of the interests of sugar beet and cane growers.
Amendment 1464 #
2011/0281(COD)
Proposal for a regulation
Article 101 i (new)
Article 101 i (new)
Article 101i Approved undertakings 1. On request, Member States shall grant an approval to an undertaking producing sugar, isoglucose or inulin syrup or to an undertaking that processes these products into a product included in the list referred to in Article 101m(2) provided that the undertaking: a) proves its professional production capacities; b) agrees to provide any information and to be subject to controls related to this Regulation; c) is not subject to suspension or withdrawal of the approval. 2. The approved undertakings shall provide the Member State in whose territory the harvest of beet, cane or the refining takes place, with the following information: a) the quantities of beet or cane for which a delivery contract has been concluded, as well as the corresponding estimated yields of beet or cane, and sugar per hectare; b) data regarding provisional and actual sugar beet, sugar cane and raw sugar deliveries, and regarding sugar production and statements of sugar stocks; c) the quantities of white sugar sold and the corresponding prices and conditions.
Amendment 1465 #
2011/0281(COD)
Proposal for a regulation
Article 101 j (new)
Article 101 j (new)
Article 101j Adjustment of the national quotas The Commission may, by means of delegated acts adopted in accordance with Article 160, adjust the quotas that appear in Annex IIIb following decisions taken by the Member States in accordance with Article 101k.
Amendment 1467 #
2011/0281(COD)
Proposal for a regulation
Article 101 k (new)
Article 101 k (new)
Article 101k National quota reallocation and reduction of quotas 1. A Member State may reduce the sugar or isoglucose quota allocated to an undertaking established on its territory by up to 10%. In doing so, the Member States shall apply objective and non discriminatory criteria. 2. Member States may transfer quotas between undertakings in accordance with the rules laid down in Annex IIIc and taking into consideration the interests of each of the parties concerned, particularly sugar beet and cane growers. 3. The quantities reduced pursuant to paragraphs 1 and 2 shall be allocated by the Member State in question to one or more undertakings on its territory, whether or not holding a quota.
Amendment 1471 #
2011/0281(COD)
Proposal for a regulation
Article 101 l (new)
Article 101 l (new)
Amendment 1477 #
2011/0281(COD)
Proposal for a regulation
Article 101 m (new)
Article 101 m (new)
Amendment 1479 #
2011/0281(COD)
Proposal for a regulation
Article 101 m (new)
Article 101 m (new)
Amendment 1481 #
2011/0281(COD)
Proposal for a regulation
Article 101 o (new)
Article 101 o (new)
Article 101o Surplus levy 1. A surplus levy shall be levied on quantities of: a) surplus sugar, surplus isoglucose and surplus inulin syrup produced during any marketing year, except for quantities carried forward to the quota production of the following marketing year and stored in accordance with Article 101n or quantities referred to in points (c), (d) and (e) of Article 101l(1); b) industrial sugar, industrial isoglucose or industrial inulin syrup in respect of which no proof of use in one of the products referred to in Article 101m(2) has been supplied within a time limit to be fixed by the Commission by means of implementing acts adopted in accordance with Article 162; c) sugar, isoglucose and inulin syrup withdrawn from the market in accordance with Article 101d and for which the obligations provided for in Article 101d(3) are not met. 2. The surplus levy shall be fixed by the Commission, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2), at a level sufficiently high to prevent the accumulation of the quantities referred to in paragraph 1. 3. The surplus levy referred to in paragraph 1 shall be charged by the Member State to the undertakings on its territory according to the quantities of production referred to in paragraph 1 that have been established for those undertakings for the marketing year concerned.
Amendment 1483 #
2011/0281(COD)
Proposal for a regulation
Article 101 p (new)
Article 101 p (new)
Amendment 1485 #
2011/0281(COD)
Proposal for a regulation
Article 101 q (new)
Article 101 q (new)
Article 101q Implementing powers With regard to the undertakings referred to in Article 101i, the Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2), establish rules concerning: a) applications for approval submitted by undertakings, records to be kept by approved undertakings, information to be submitted by approved undertakings; b) the system of checks to be carried out by Member States on approved undertakings; c) Member States’ communications with the Commission and with approved undertakings; d) the delivery to undertakings of raw materials, including delivery contracts and delivery notes; e) equivalence regarding sugar as referred to in Article 101l(1)(a); f) the specific supply regime for the outermost regions; g) exports as referred to in Article 101l(1)(d); h) Member State cooperation to ensure effective checks; i) modifying the dates laid down in Article 101n; j) the establishment of the surplus quantity, the notifications and payment of the surplus levy referred to in Article 101o; k) the automatic release of the out-of- quota sugar referred to in Article 101l(1)(e) onto the market as quota sugar.
Amendment 1490 #
2011/0281(COD)
Proposal for a regulation
Part 2 – title 2 – chapter 2 – section 1 b (new)
Part 2 – title 2 – chapter 2 – section 1 b (new)
SYSTEM OF PRODUCTION LIMITATION
Amendment 1514 #
2011/0281(COD)
Proposal for a regulation
Part II – Title II – Chapter II – Section III – Subsection 1 (new)
Part II – Title II – Chapter II – Section III – Subsection 1 (new)
Amendment 1611 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – introductory part
Article 106 – paragraph 1 – point c – introductory part
(c) pursue athe specific aim, which may include at least one of the following objectives of achieving at least two of points i, ii or iii, with the possibility of voluntarily including any of the other objectives in the following list:
Amendment 1646 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii a (new)
Article 106 – paragraph 1 – point c – point vii a (new)
(viia) raising the market value of production, including through processing.
Amendment 1651 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii b (new)
Article 106 – paragraph 1 – point c – point vii b (new)
(viib) developing initiatives to improve the quality and innovative nature of agri- foodstuffs;
Amendment 1663 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point d a (new)
Article 106 – paragraph 1 – point d a (new)
(da) market their entire production through the producer organisation;
Amendment 1664 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point d b (new)
Article 106 – paragraph 1 – point d b (new)
(db) pay the financial contributions provided for in its rules of association for the establishment and replenishment of the operational fund provided for in Article 30.
Amendment 1671 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1a (new)
Article 106 – paragraph 1a (new)
Notwithstanding paragraph 1(e), where the producer organisation so authorises and where this is in compliance with the terms and conditions laid down by the producer organisation, the producer members may: (a) sell no more than a fixed percentage of their production and/or products directly on their holdings and/or outside their holdings to consumers for their personal needs, such percentages being fixed by Member States at not less than 10%; (b) market themselves or through another producer organisation designated by their own organisation, quantities of products which are marginal in relation to the volume of marketable production of their organisation; (c) market themselves or through another producer organisation designated by their own organisation products which, because of their characteristics, are not normally covered by the commercial activities of the producer organisation concerned.
Amendment 2043 #
2011/0281(COD)
Proposal for a regulation
Article 149 – paragraph 1 a (new)
Article 149 – paragraph 1 a (new)
Member States with sugar beet production to the south of the 44th parallel may also make national payments per hectare per marketing year to sugar beet growers.
Amendment 416 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
h) 'permanent grassland and historical pastures' means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that hasve not been included in the crop rotation of the holding for five years or longer; it may include other species suitable for grazing provided that the grass; they may include other species or features that are important for classifying the land as historical pastures, and other herbaceous forage remain predominant;traditional grazing lands (dehesa).
Amendment 524 #
2011/0280(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 531 #
2011/0280(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
(2a) Each year, each Member State may use unspent funds within the national ceilings established in Annex II, once the various payments have been made, to grant coupled support under Title V or, where appropriate, to offset deficits in any of the various payment areas or, where appropriate, for the creation of a common fund to be used should an unforeseen crisis arise in the sector.
Amendment 537 #
2011/0280(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The adjustment rate determined in accordance with Article 25 of Regulation (EU) No […] [HZR] shall only apply to directall payments in excess of EUR 5 000 to be granted to farmers in the corresponding calendar year.
Amendment 560 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. No direct payments shall be granted or transferred to natural or legal persons, or to groups of natural or legal persons, where one of the following applies:
Amendment 563 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. No direct payments shall be granted or transferred to natural or legal persons, or to groups of natural or legal persons, where one of the following applies:
Amendment 587 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
a) the annual amount of direct payments is less than 5 % of the total receipts they obtained from non-agricultural activities y do not participate, regularly and actively, in the management or running of a holding or have not engaged in agricultural activity in 2011; Member States shall determine the most recent fiscal year; criteria for defining such participation;
Amendment 640 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 783 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The amount referred to in paragraph 1 shall be calculated by subtracting the salaries effectively paid and declared by the farmer in the previous year, including taxes and social contributions related to employment, and profits shared among members in the case of an agricultural cooperative, from the total amount of direct payments initially due to the farmer without taking into account the payments to be granted pursuant to Chapter 2 of Title III of this Regulation.
Amendment 794 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The Member States may allocate the amounts deducted due to application of paragraph 1 to those which can be granted to young farmers under Chapter 4 of Title III, or as coupled support under Title IV, or may decide to allocate this funding to agro-environmental measures under rural development programming financed under the EAFRD.
Amendment 1271 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Farmers entitled to a payment under the basic payment scheme referred to in Chapter 1 shall observe on their eligible hectares or livestock farms as defined in Article 25(2) the following agricultural practisces beneficial for the climate and the environment:
Amendment 1292 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
a) to have threewo different crops on their arable land where the arable land of the farmer covers more than 350 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year;
Amendment 1322 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
b) to maintain existing permanent grassland and historical pastures on their holding; and
Amendment 1351 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c a (new)
Article 29 – paragraph 1 – point c a (new)
ca) to prove the use of sustainable feeding methods, or, where appropriate, manure disposal practices entailing the use thereof by other farmers on eligible hectares or landless livestock farms.
Amendment 1392 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Without prejudice to paragraphs 3 and 4 and to the application of financial discipline, linear reductions in accordance with Article 7, and any reductions and penalties imposed pursuant to Regulation (EU) No […] [HZR], Member States shall grant the payment referred to in this Chapter to farmers observing those of the three practises referred to in paragraph 1 that are relevant for them, and in function of their compliance with Articles 30, 31, 32 and 32.a.
Amendment 1441 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1 a (new)
Article 29 – paragraph 4 – subparagraph 1 a (new)
Farmers whose holdings are fully or partly situated in areas covered by Directives 92/43/EEC or 2009/147/EC, and farmers who receive agri- environment-climate payments pursuant to Article 29 of Regulation (EU) No […] [RDR] shall also be recognised in this way.
Amendment 1454 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 2
Article 29 – paragraph 4 – subparagraph 2
The first subparagraph shall apply only to the units of a holding that are used for organic production in accordance with Article 11 of Regulation (EC) No 834/2007, or that meet the criteria set out in paragraph 2, unless most (over 50%) of the holding is made up of areas set aside for organic production, or subject to stricter environmental requirements, in which case payment will be forthcoming in respect of all eligible hectarage.
Amendment 1517 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the arable land of the farmer covers more than 350 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year, cultivation on the arable land shall consist of at least threewo different crops. None of those three crops shall cover less than 5 % of the arable land and the main one shall not exceed 70 These crops may include fallow land; neither of those two crops shall cover less than 10% of the arable land.
Amendment 1621 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Farmers shall maintain as permanent grassland or historical pastures the areas of their holdings declared as such in the application made pursuant to Article 74(1) of Regulation (EU) No XXX (HZ) for claim year 2014, hereinafter referred to as “‘reference areas under permanent grassland”’. For this purpose, they shall be required to demonstrate the presence of cattle amounting to a stocking density of one livestock unit per hectare of eligible grassland or, if no animals are present, to show that maintenance activities such as mowing and clearing are being carried out.
Amendment 1704 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. FWhere the eligible agricultural area covers more than 20 hectares, farmers shall ensure that at least 73 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, landscape features, buffer strips and afforested areas as referred to in article 25(2)(b)(ii).
Amendment 1808 #
2011/0280(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32a General rules for green payment – livestock farms without land Farmers raising cattle and/or sheep without land shall guarantee that at least 50 % of their feed and fodder comes from holdings close to their livestock facilities and shall also ensure that they have a management plan for manure and slurry treatment on a site appropriate to the type and number of animals being farmed.
Amendment 1830 #
2011/0280(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In order to finance the payment referred to in this Chapter, Member States shall use 3up to10 % of the annual national ceiling set out in Annex II.
Amendment 1936 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shall grant an annual payment to young farmers who have recently set up in farming and are entitled to a payment under the basic payment scheme referred to in Chapter 1.
Amendment 1942 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 2 – introductory part
Article 36 – paragraph 2 – introductory part
2. For the purposes of this Chapter, 'young farmers who have recently set up in farming', shall mean:
Amendment 1974 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 2
Article 36 – paragraph 5 – subparagraph 2
Amendment 2032 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, fodder legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oilsheep’s milk, goatmeat and goats’ milk, beef and veal, olive oil and table olives, beekeeping, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables, including table potatoes, cotton, tobacco and short rotation coppice.
Amendment 2234 #
2011/0280(COD)
Proposal for a regulation
Article 48 a (new)
Article 48 a (new)
Article 48a Voluntary simplified scheme for small farmers Member States may stipulate that farmers who receive support which is less than an amount to be determined, and which may in no circumstances exceed EUR 1000, shall be included in the scheme, unless they expressly ask to leave it by submitting an application at the latest by the date indicated in the first paragraph.
Amendment 2239 #
2011/0280(COD)
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 1 – introductory part
Article 49 – paragraph 1 – subparagraph 1 – introductory part
Member States shallmay set the amount of the annual payment for the voluntary small farmers scheme at one of the following levels, subject to paragraphs 2 and 3:
Amendment 1258 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 2 – point b
Part 3 – article 84 – paragraph 2 – point b
(b) eligible population, regional prosperity, unemployment rate, employment rate, educational level and population density , dispersal and ageing for more developed regions;
Amendment 1344 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 1
Part 3 – article 87 – paragraph 1
1. An operational programme shall consist of priority axes. A priority axis shall concern one Fund for a category of region and shall correspond, without prejudice to Article 52, to a thematic objective and comprise one or more investment priorities of that thematic objective, in accordance with the Fundspecific rules. For the ESF, a priority axis may combine investment priorities from different thematic objectives set out in Article 9(8), (9), (10) and (11) in order to facilitate their contribution to other priority axes, in duly justified circumstances. Moreover, in order to cope with demographic change, in the case of the ERDF, a priority axis may correspond to more than one thematic objective.
Amendment 1637 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 111 – paragraph 1 – point 4 – point c bis (new)
Part 3 – article 111 – paragraph 1 – point 4 – point c bis (new)
ca) other areas affected by severe demographic challenges.
Amendment 752 #
2011/0275(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Operational programmes co-financed by the ERDF covering areas with severe and permanent natural or demographic handicaps referred to in both Article 174 of the Treaty on the Functioning of the European Union and in Article 111(4) of Regulation (EU) No […]/2012 [CPR] shall pay particular attention to addressing the specific difficulties of those areas.
Amendment 51 #
2011/0023(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the European Parliament resolution of 11 February 2015 on anti-terrorism measures (2015/2530(RSP)),
Amendment 106 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union, intra-EU flights from one Member State to another Member State and domestic flights with a final destination in the same Member State and non-carrier economic operators when involved in booking such flights.
Amendment 113 #
2011/0023(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Air carriers already collect and process PNR data from their passengers for their own commercial purposes. This Directive should not impose any obligation on air carriers and non-carrier economic operators to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers and non-carrier economic operators.
Amendment 115 #
2011/0023(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Non-carrier economic operators, such as travel agencies and tour operators, sell package tours making use of charter flights for which they collect and process PNR data from their customers, yet without necessarily transferring the data to the airline operating the passenger flight.
Amendment 120 #
2011/0023(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 ofapplied in this Directive should be the same as in Council Framework Decision 2002/475/JHA on combating terrorism37. The definition of serous crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States38 . However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to as amended by Council decision 2008/919/JHA. The term serious crime applied in this dDirective would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crimeencompasses the crimes listed in Article 2.1. __________________ 38 OJ L 190, 18.7.2002, p. 1.
Amendment 134 #
2011/0023(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lisdata sets should not contain any personal data that could reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 139 #
2011/0023(COD)
Proposal for a directive
Recital 15
Recital 15
(15) There are two possible methods of data transfer currently available: the ‘pull’ method, under which the competent authorities of the Member State requiring the data can reach into (access) the air carrier’s reservation system and extract (’pull’) a copy of the required data, and the ‘push’ method, under which air carriers and non-carrier economic operators transfer (’push’) the required PNR data to the authority requesting them, thus allowing air carriers to retain control of what data is provided. The ‘push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers and non-carrier economic operators.
Amendment 143 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers and non-carrier economic operators to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers and non-carrier economic operators failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 161 #
2011/0023(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States and Europol the PNR data that they receive where such transferthis is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security through. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 40 OJ L 386, 29.12.2006, p. 89.
Amendment 173 #
2011/0023(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) PNR data should be processed to the greatest extent possible in a masked out way in order to ensure a highest level of data protection by making it impossible for those having access to masked out data to identify a person and to draw conclusions as to what persons are related to that data. Re-identifying masked out data is possible only under conditions ensuring a high level of data protection.
Amendment 203 #
2011/0023(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquis. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future date.
Amendment 207 #
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 and non- carrier economic operators 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 crime.
Amendment 222 #
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 57 years, after which the data must be permanently deleted, the data must be anonymised after a very short periodmasked out after 6 months, 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 toit must be ensured that an independent national supervisory authority isand in particular its Data Protection Officer are 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 227 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member Staterelating to passenger flights between EU Member States and third countries, for intra-EU flights and domestic flights, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 231 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall also apply to non- carrier economic operators that gather or store PNR data on passenger flights planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member States with a final destination in a third country, to intra-EU-flights and to domestic flights;
Amendment 239 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) Thepurposes of prevention, detection, investigation and prosecution of terrorist offences, and serious crime according to Article 4 (2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d). or the prevention of immediate and serious threats to public security. deleted deleted
Amendment 253 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'intra-EU flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in another Member State, including any transfer of transit flights;
Amendment 254 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(bb) 'domestic flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in the same Member State;
Amendment 257 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements captured and retained electronically by the air carrier or the non-carrier economic operators in its normal course of business which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities. Passenger data includes data created by air carriers or non-carrier economic operators for each journey booked by or on behalf of any passenger and contained in carriers' reservation systems, DCS, or equivalent systems providing similar functionality. PNR data consists of the data fields set out in the Annex;
Amendment 260 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘'reservation systems’' means the air carrier’'s or the non-carrier economic operator's internal inventory system, in which PNR data are collected for the handling of reservations;
Amendment 262 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) Non-carrier economic operator means an economic operator, such as travel agencies and tour operators, that provides travel-related services, including the bookings of flights for which they collect and process PNR data of passengers;
Amendment 264 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ’push method’ means the method whereby air carriers transfer the required PNR dataand non-carrier economic operator transfer their existing PNR data listed in the Annex to this Directive into the database of the authority requesting them;
Amendment 268 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘terrorist offences’ means the offences under national law referred to in Articles 1 to 4 of Council Framework Decision 2002/475/JHA; on combating terrorism as amended by Council decision 2008/919/JHA.
Amendment 281 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 296 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) Masked out means rendering certain data elements of PNR data indecipherable to a user, without deleting them (e.g. by the means of applying a cryptographic state-of-the-art function to the elements of clear text data making a passenger identifiable); elements that are rendered indecipherable must comprise all elements making a passenger identifiable. Identical clear text data may result in identical masked out data in order to make it possible to match data without identifying the persons who are subject to that data.
Amendment 303 #
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 crime and the prevention of immediate and serious threats to public security or a branch of such an authority to act as its ‘Passenger Information Unit’ responsible for collecting PNR data from the air carriers and non-carrier economic operators, storing them, analyprocessing them and transmitting the result of the analysisPNR data or the result of the processing thereof to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authoritieThe Passenger Information Unit is also responsible for the exchange of PNR data or the result of the processing thereof with Passenger Information Unit of other Member States in accordance with Article 7. Its staff members may be seconded from competent public authorities. It shall be provided with adequate resources in order to fulfil its tasks.
Amendment 324 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Each Passenger Information Unit shall appoint an independent Data Protection Officer, who ensures the internal supervision of the Passenger Information Unit's activities and will totally oversee the transfer of PNR data to other competent authorities, to other Member States and Europol. The Data Protection Officer shall report wrong conduct of the data protection requirements set out in this directive
Amendment 333 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers and the non-carrier economic operators, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected only by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers and non-carrier economic operators include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt.
Amendment 344 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5 as well as Europol. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in accordance with this Directive, and may compare PNR data against relevant databases, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 365 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis based on sufficient evidence, to duly reasoned requests from competent authorities or Europol to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime listed in Article 2.1 (i) or the prevention of an immediate and serious threat to public security, and to provide the competent authorities with the results of such processing; and
Amendment 382 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person’s raceracial or ethnic origin, political opinions, religious or philosophical belief, political opinions, trade union membership, health or sexual life.
Amendment 411 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive masked out PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the specific purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security. Europol shall be entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units of the Member States within the limits of its mandate and when necessary for the performance of its tasks.
Amendment 418 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist of authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime or the prevention of immediate and serious threats to public security.
Amendment 429 #
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 crime or the prevention of immediate and serious threats to public security.
Amendment 442 #
2011/0023(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Obligations on air carriers and non-carrier economic operators
Amendment 446 #
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 and non-carrier economic operators 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 and the non-carrier economic operator that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers and the non-carrier economic operators shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 457 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Air carriers and non-carrier economic operator shall transfer PNR data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of Articles 13 and 14 or, in the event of technical failure, by any other appropriate means ensuring an appropriate level of data security:
Amendment 461 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a – introductory part
Article 6 – paragraph 2 – point a – introductory part
(a) once, 24 to 48 hours before the scheduled time for flight departure;
Amendment 469 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may permit air carriers and non-carrier economic operators to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 476 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers and non-carrier economic operator shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime.
Amendment 485 #
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 transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considersand to Europol where any elements indicate such a transfer to be necessaryhelpful for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. The Passenger Information Units of the receiving Member States shallmay transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities through using their Passenger Information Unit and using Europol's existing Secure Information Exchange Network Application (SIENA).
Amendment 492 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1),and have not yet been masked out and, if necessary, also the result of theany processing of PNR data. Thethereof, if it has already been prepared pursuant to Article 4(2)(a). The duly reasoned request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b)ossible.
Amendment 501 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in responhave been already masked out. The Passenger Information Unit shall only provide the full PNR data where it is reasonably believed that it is necessary for the purpose of Article 4(2)(b) and only when authorised to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crimedo so by an authority competent under Article 9(3).
Amendment 512 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious threat to public securitywhen necessary in cases of emergency and under the conditions laid down in paragraph 2 and 3 may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. The requests from the competent authorities, a copy of which shall always be sent to the Passenger Information Unit of the requesting Member State, shall be reasoned. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
Amendment 524 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious crime or to prevent an immediate and serious threat to public security, 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.
Amendment 536 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 539 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
6b. Member States shall ensure that their Passenger Information Unit's, in order to fulfil their tasks as laid down in Article 4(2)(c), co-operate in the application of state-of-the-art technologies through Europol using technologies that shall allow Passenger and Europol to combine their data with that of other Passenger Information Unit's by ensuring full protection of personal data with the aim of analysing the data pursuant to Article 4(2)(c).
Amendment 545 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and in duly reasoned request based on sufficient evidence and if:
Amendment 554 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilled,transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences, the prevention of immediate and serious threats to public security or the execution of criminal penalties;
Amendment 562 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
(ab) the Member State from which the data were obtained has given its consent to transfer in compliance with its national law;
Amendment 565 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a c (new)
Article 8 – paragraph 1 – point a c (new)
(ac) the third country or international body concerned ensures an adequate level of protection for the intended data processing;
Amendment 612 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers and non- carrier economic operators to the Passenger Information Unit are retained in a database at the Passenger Information Unit for a period of 30 day6 months after their transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 628 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 day6 months after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fiseven years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymisedmasked out PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution.
Amendment 634 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
Re-identification of masked out PNR data and access to the full PNR data shall be permitted only by the Data Protection Officer for the purposes of Article 4(2)(b) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk related to terrorist offences or a specific investigation or prosecution related to a crime listed in Article 2.1 or the prevention of an immediate and serious threat to public security.
Amendment 659 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted permanently upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 675 #
2011/0023(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Penalties against air carriers and non- carrier economic operators
Amendment 679 #
2011/0023(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers and non-carrier economic operators which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this Directive.
Amendment 687 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Each Passenger Information Unit shall appoint a Data Protection Officer in order to ensure compliance with existing national and Union data protection law and fundamental rights; that person shall be trained and qualified to a high standard in data protection law.
Amendment 689 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHA regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive. Air carriers which collect contact details for passengers who have booked their flights through a travel agency or other travel intermediary shall be prohibited from using those data for marketing purposes.
Amendment 702 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. All processing of PNR data by air carriers and non-carrier economic operators, all transfers of PNR data by Passenger Information Units and all requests by competent authorities or Passenger Information Units of other Member States and third countries, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities and the Data Protection Officer. These logs shall be kept for a period of fiseven years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those fiseven years, in which case the logs shall be kept until the underlying data are deleted.
Amendment 704 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Those persons who operate security controls, who access and analyse the PNR data, and who operate the data logs, must be security cleared and security trained.
Amendment 713 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited. Any wrong conduct should be sanctioned.
Amendment 776 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 781 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within fourseven years after the date mentioned in Article 15(1). Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the length of the data retention period and the quality of the assessments. It shall also contain the statistical information gathered pursuant to Article 18.
Amendment 1833 #
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 documentationensure that they are in a position duly to inform the authorities which so request of all processing operations under its responsibility.
Amendment 1844 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. TheEnterprises or organisations which do not have a data protection officer or sufficient valid certification shall hold the statutory model documentation for all processing operations under their responsibility. That documentation shall contain at least the following information:
Amendment 1852 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point b
Article 28 – paragraph 2 – point b
Amendment 1870 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point g
Article 28 – paragraph 2 – point g
(g) a general indication of the time limits for erasure of the different categories of data, wherever possible;
Amendment 1893 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
4. The obligations referred to in paragraphs 1 and 2 shall not apply to the following controllers and processors:
Amendment 1912 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the documentation referred to in paragraph 1, to take account of in particular the responsibilities of the controller and the processor and, if any, the controller's representative.
Amendment 1915 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
6. The Commission mayshall lay down standard forms for the documentation referred to in paragraph 12. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
Amendment 1918 #
2011/0011(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The controller and, where appropriate, the processor and, if any, the representative of the controller, shall co-operate, on request, with the supervisory authority in the performance of its duties, in particular by providing the information referred to in point (a) of Article 53(2) and by granting access as provided in point (b) of that paragraph.
Amendment 1920 #
2011/0011(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. In response to the supervisory authority's exercise of its powers under Article 53(2), the controller, either in person or through his representative, and the processor shall reply to the supervisory authority within a reasonable period to be specified by the supervisory authority. The reply shall include a description of the measures taken and the results achieved, in response to the remarks of the supervisory authority.
Amendment 1935 #
2011/0011(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 1941 #
2011/0011(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
Amendment 1950 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In the case of a personal data breach, the controller shall without undue delay and such as to constitute a serious risk to personal data privacy, wthere feasible, not lat controller tshan 24 hours after having become aware of it,ll without undue delay notify the personal data breach to the supervisory authority. The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours.
Amendment 1963 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Pursuant to point (f) of Article 26(2), the processor shall alert and inform the controller immediately after the establishment of a personal data breach as referred to in paragraph 1.
Amendment 1969 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 3 – introductory part
Article 31 – paragraph 3 – introductory part
3. The notification referred to in paragraph 1 must at least: (a) describe the nature of the personal data breach including the categories and number of data subjects concerned and the categories and number of data records concerned; (b) communicate the identity and contact details of the data protection officer or other contact point where more information can be obtained; (c) recommend measures to mitigate the possible adverse effects of the personal data breach; (d) describemust contain the details necessary to enable the supervisory authority to assess the gravity of the incidents and their consequences of the personal data breach; (e) describe the measures proposed or taken by the controller to address the personal data breachand, if necessary, recommend that action be taken.
Amendment 1976 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The controller shall document any personal data breaches referred to in paragraph 1 of this article, comprising the facts surrounding the breach, its effects and the remedial action taken. This documentation must enable the supervisory authority to verify compliance with this Article. The documentation shall only include the information necessary for that purposeWithout prejudice to the above, the controller or, where appropriate, the processor, shall keep records of previous breaches and their consequences not referred to in paragraph 1 but relating to the use of personal data, and make them available to the supervisory authorities which may wish to receive copies thereof on a regular basis.
Amendment 1985 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
Amendment 1993 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
6. The Commission may lay down the standard format of such notifications to the supervisory authority, the procedures applicable to the notification requirement and the form and the modalities for the documentation referred to inin accordance with paragraph 43, including the time limits for erasure of the information contained thereinand of the register of breaches and their consequences. Those implementing acts shall be adopted in accordance with the examination procedure set outreferred to in Article 87(2).
Amendment 2005 #
2011/0011(COD)
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1 a (new)
Article 32 – paragraph 4 – subparagraph 1 a (new)
Those concerned shall not be notified in cases where this could clearly obstruct current investigations or hinder or delay measures to resolve the security breach. More detailed provision for such eventualities may be made under EU law and Member State legislation, the objective being at all times to uphold the public interest and comply with the spirit of data protection law.
Amendment 2006 #
2011/0011(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
Amendment 2012 #
2011/0011(COD)
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. The Commission may lay down the format of the communication to the data subject referred to in paragraph 1 and the procedures applicable to that communication, with a particular focus on cases affecting large numbers of people. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
Amendment 2019 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes, the controller or the processor acting on the controller'’s behalf, if they have not recruited a data protection officer for their organisation or obtained adequate and valid certification for the processing of high-risk data, shall carry out an assessment of the impact of the envisaged processing operations on the protection of personal data.
Amendment 2074 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
Amendment 6 #
2010/2311(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas jihadist, separatist and anarchist terrorism is a common and real threat throughout the European Union,
Amendment 7 #
2010/2311(INI)
Motion for a resolution
Recital - A a (new)
Recital - A a (new)
-A a. whereas all terrorism is one and the same thing and its objective is none other than to destroy the foundations of our free and democratic society; whereas its actions may be publicised and disseminated among our citizens and achieve its purpose of undermining their belief in rights protection systems, in which criminals are seen as victims and the Member States’ ability to respond to terrorist acts is restricted,
Amendment 8 #
2010/2311(INI)
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-A b. whereas any negotiation with terrorists that does not have as its sole aim the unconditional and final abandonment of weapons ends up reinforcing terrorists logistically, tactically and operationally, and denigrates the dignity of their victims and families,
Amendment 9 #
2010/2311(INI)
Motion for a resolution
Recital -A c (new)
Recital -A c (new)
-A c. whereas international cooperation is essential to deprive terrorism of its financial, logistical and operational bases,
Amendment 12 #
2010/2311(INI)
Motion for a resolution
Recital A
Recital A
A. whereas aftersince the atrocious attacks of 11 September 2001 the first decade of the 21st century has been marked by the ‘War on Terrorism’, especially with regard to the US approach; whereas although the attacks did not take place on European soil, all Europeans felt them to be an attack, and especially the attacks in Madrid and London, the fight against terrorism has been a European Union priority throughout the first decade onf their values and their way of life 21st century,
Amendment 24 #
2010/2311(INI)
Motion for a resolution
Recital B
Recital B
B. whereas terrorism is not a recent phenomenon; whereas counter-terrorism has always been part of regular law enforcement action; whereas 9/11the sphere of competence of the Member States; whereas the 9/11, Madrid and London attacks led to a fundamental change in the methods and instruments used to fight terrorism; whereas terrorism became a matter of national security, with a very different legal frameworkas a result of those attacks terrorism began to be seen as a cross- border phenomenon, affecting the security of the whole European Union and not just the national security of the Member States,
Amendment 33 #
2010/2311(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the aim of the European Union’s counter-terrorism policiesy should be to undermine the objectives of terrorism, which are to destroy the fabric of our free, open and democratic society; whereas the aim of counter-terrorism must be to protect and strengthen that fabric of democratic society and the effectivenprevent terrorism; to protect people, infrastructure, freedom, democracy and the rule of law; to prosecute terrorists and respond to the consequencess of counter-a terrorism policies must be measured against this aim; whereas in this logic, stret attack, while at the same time safeguarding respect for fundamental freedoms and providing thening civil liberties and democratic scrutiny is not an obstacle to such policies, but their prime objective resources needed for democratic scrutiny of the various services involved in counter- terrorism,
Amendment 43 #
2010/2311(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the European Union’s counter-terrorism strategy should address not only the consequences of terrorism but also its causes,
Amendment 47 #
2010/2311(INI)
Motion for a resolution
Recital D
Recital D
D. whereas ten years after the attacks that shook the world it is time to take stock of the achievements in fighting terrorism; whereas evaluation allows for more efficient and effective policy-making, and in any modern democracy policy decisions are subject to frequent evaluation and review,
Amendment 54 #
2010/2311(INI)
Motion for a resolution
Recital E
Recital E
E. whereas accountability and responsibility are essential factors for the democraticdemocratic scrutiny is an essential factor legitimacy ofising counter- terrorism policies, whereas mistakes, unlawful actions and violations of international law and human rights must be investigated and corrected, and justice be done and measures; whereas any breach of current national or Community law has to be rectified in the courts,
Amendment 58 #
2010/2311(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas defending the victims of terrorism and their rights should be part of the Union’s priority policies; whereas the Institutions must promote public recognition of the victims and help raise European citizens’ awareness of their importance,
Amendment 60 #
2010/2311(INI)
Motion for a resolution
Recital F
Recital F
F. whereas counter-terrorism measures tend to have a profound impact on civil liberties, the rule of law and democratic decision-making; whereas these measures also have a substantial budgetary impact and a growing share of the costs in this field is borne by the private sectormust respect the rights enshrined in the Charter of Fundamental Rights of the European Union, and any measure adopted in this field has a reciprocal impact on civil liberties,
Amendment 64 #
2010/2311(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 68 #
2010/2311(INI)
Motion for a resolution
Recital G
Recital G
G. whereas mass surveillance has become a key featureis a key element of counter-terrorism policies, and whereas the large-scale collection of personal data, detection and identification technologies, tracking and tracing, data mining and profiling, risk assessment and behaviouralthreat analysis are all used for the purpose of preventing terrorism; whereas public authorities are making more and more use of data collected for commercial or private purposesessential instruments for protecting people and infrastructure,
Amendment 81 #
2010/2311(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly welcomes the Commission Communication; regrets, however, that the scope is rather narrow, limited to the implementation of agreed policy measures, and not nhowever, regrets that there has not been a more thorough investigation into possible legal loopholes or the possible overlapping or duplicational of counter- terrorism policies or national measures that transpose policies agreed at European or international levelactions and instruments in the body of Community law;
Amendment 84 #
2010/2311(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores also the fact that the Communication does not sufficiently cover measures taken by DGs other than JLS (such as TRAN or MARKT) and that it does not give a cleadevelop in greater idea how the measures interact and where there is overlap or gaps; is of the opinion that all the above levels must also be considered, as European, national and international measures are complementary and assessing individual measures does not provide a complete picture of the impact of counter-terrorism policies in Europetail the way in which the measures taken by other DGs such as TRAN or MARKT interact;
Amendment 88 #
2010/2311(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that counter-terrorism policies should meet the standards set with regard to civil liberties, the rule of law and democratic scrutiny and accountability, and that assessing whether these standards are met must be an integral part of an evaluatare developed in accordance with the provisions of Community primary law and, in particular, give priority to respecting the rights enshrined in the Charter of Fundamental Rights of the European Union;
Amendment 112 #
2010/2311(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a propern evaluation of ten years of counter-terrorism policies must provide the basis for an evidence-based, needs-driven, coherent and comprehensive EU counter-terrorism strategy by means of an in-depth and complete appraisal to beable to meet caurried out by a panel of independent expertent and future needs;
Amendment 130 #
2010/2311(INI)
Motion for a resolution
Paragraph 5 – point c
Paragraph 5 – point c
Amendment 135 #
2010/2311(INI)
Motion for a resolution
Paragraph 5 – point d
Paragraph 5 – point d
d. examine whether the current instruments for assessing the impact on privacy and civil liberties are adequate;eleted
Amendment 142 #
2010/2311(INI)
Motion for a resolution
Paragraph 5 – point e
Paragraph 5 – point e
e. identify where further law enforcement powers are needed or, inversely, where the powers granted are excessive and go beyond what is necessaryexamine how effective and appropriate the powers entrusted to EU agencies and services are in the fight against terrorism;
Amendment 148 #
2010/2311(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to map out which measures have objectives other than counter-terrorism, or where further objectives were added to the initial purpose of counter-terrorism (mission creep and function creep), such as law enforcement, immigration policies,identify all horizontal measures specifically related to counter-terrorism, such as those stemming from policies on immigration, on the fight against people trafficking, arms trafficking, drug trafficking, money laundering and cybercrime, as well as on public health, and orn public order;
Amendment 151 #
2010/2311(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 161 #
2010/2311(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 165 #
2010/2311(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 166 #
2010/2311(INI)
Motion for a resolution
Paragraph 11 – point a
Paragraph 11 – point a
Amendment 169 #
2010/2311(INI)
Motion for a resolution
Paragraph 11 – point b
Paragraph 11 – point b
Amendment 173 #
2010/2311(INI)
Motion for a resolution
Paragraph 11 – point c
Paragraph 11 – point c
c. provide an overview of the classification of documents, trends in the use of classification, and numbers and trends in access granted or denied to documents relating to counter-terrorism policies; documents made available to Parliament must also be consulted in a secure room;
Amendment 174 #
2010/2311(INI)
Motion for a resolution
Paragraph 11 – point d
Paragraph 11 – point d
d. an overview of the use made of external consultants and (independent) expertise in areas such as (international) law, data protection and civil liberties, and security in the context of European counter- terrorism policies;eleted
Amendment 176 #
2010/2311(INI)
Motion for a resolution
Paragraph 11 – point f
Paragraph 11 – point f
Amendment 178 #
2010/2311(INI)
Motion for a resolution
Paragraph 11 – point g
Paragraph 11 – point g
Amendment 181 #
2010/2311(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls onfor the Ccommissionpetent legal authorities to investigate and rectify unlawful action and violations of international law and human rightsany illegal acts in the event of infringements against the prevailing legal order;
Amendment 195 #
2010/2311(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 202 #
2010/2311(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Council to open an investigation into the possible the collection of personal data – if such collection has taken place – for law enforcement purposes without an adequate legal base or by applying irregular, or even illegal, procedures;
Amendment 207 #
2010/2311(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission to conduct a compulsory proportionality test and a full impact assessment for each proposal involving the large-scale collection of personal data, detection and identification technologies, tracking and tracing, data mining and profiling, risk assessment and behavioural analysisubmit any future communications on the relationship between the new legal instruments for information exchange, their interaction and the best practices for usimilar techniquesng them;
Amendment 209 #
2010/2311(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the European Data Protection Supervisor and the Fundamental Rights Agency to report annuallyon the level onf profiling, data mining and detection and identification techniques used in Europe for ctection of fundamental rights and personal data in the field of EU Counter-tTerrorism (and possibly other) purposesPolicy;
Amendment 218 #
2010/2311(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 220 #
2010/2311(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to launch proposals for strengtheningensure the protection of civil liberties, transparency and democratic scrutiny in the context of counter-terrorism policies, such as improving access to documents by creating an EU Freedom of Information Act and strengthening the Fundamental Rights Agency, the EDPS and the Article 29 WP;
Amendment 64 #
2010/2206(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers it advisable, while respecting the EU’s rights and duty to control entry across its own borders, for the European institutions’ and the Member States’ consciousness of these markets to be heightened so that visa procedures are coordinated and simplified, with consideration given to establishing common consular desks across the EU to to promote the common visa policy with the aim of simplifying visa procedures and creating common visa application centres, ensureing that visasuch procedures are implemented on time and bureaucratic costs reduced;
Amendment 67 #
2010/2206(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to consider alternative ways of simplifying the issue of tourist visas, such aspromote the measures laid down in the common visa policy with the aim of simplifying the issue of tourist visas, basing its action on the principles of reciprocity, for instance by setting up ‘group tourism visas’ for group organisers;
Amendment 9 #
2010/2154(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that any counterterrorism measure should therefore be in full accordance with the fundamental rights and obligations of the European Union, which are necessary in a democratic society and must be proportionate, prescribed by law and thus delimited within the specific aim it wishes to achieveRecalls that the sole objective of any counterterrorism measure is to guarantee citizens' safety, based on criteria of proportionality and respect for fundamental rights and civil liberties;
Amendment 22 #
2010/2154(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 27 #
2010/2154(INI)
Paragraph 3 a (new)
3a. Points out that the decision to install security scanners at airports falls within the sphere of competence of the Member States, and in this context they must meet the minimum common standards and requirements set by the European Union, without prejudice to the right of the Member States to apply more stringent measures;
Amendment 30 #
2010/2154(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for every bodsecurity scanner to meet a minimum set of technical requirements before it can be placed on a permissible screening methods list; these requirements should inter alia ensure the prevention of any possible health risk, including long- term risks;, calls in this regard for any form of x-ray technology to be explicitly excluded from the permissible scomply with European and national legislation in relation to the ALARA principle, pay particular attention to groups considered vulnerable and prevening methods listt the use of imaging technology based on X-ray transmission;
Amendment 37 #
2010/2154(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Insists furthermore that body scanners should only be equipped with technology that does not enable any possibility of rendering full body images but merely standardised gender-neutral ‘stick figure’ images that are fully anonymised, and that no data processing or data storage should be possiblePoints out that protection scanners will have to be equipped with technology that guarantees protection for human dignity, privacy and intimacy, and it is desirable to use a standard figure or gender-neutral ‘stick figure’ images and for images to be destroyed immediately after screening has been carried out without incident;
Amendment 43 #
2010/2154(INI)
5a. Points out that the obtaining of images will have to comply with the requirements laid down in Community legislation on the protection of personal data;
Amendment 58 #
2010/2154(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out that the operating rules must ensure that the selection of people for security scanning cannot be based on criteria relating to sex, race, colour, ethnicity, genetic features, language, religion or belief;
Amendment 59 #
2010/2154(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for people who are willing to be submitted to a body scan to be fully, properly and comprehensibly informed about the body scanner, including their right to refuse to be submitted to a body scan and their right to complain and seek redress in case of perceived irregularities related to the body scan or their refusal to be submitted to it and the subsequent standard security checksecurity checks by means of the protection scanner, including their right to refuse such screening;
Amendment 67 #
2010/2154(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recognises the right of passengers to complain about any irregularity that might arise from security checks carried out using both security scanners and other alternative means, in cases where passengers did not wish to submit to a security scan;
Amendment 70 #
2010/2154(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that any proposal to allow the deployment and use of body scanners as a permissible screeninguse of protection scanners as a control method should be extensively justified in an impact assessment covering inter alia the fundamental rights aspect of body scanners and the possible health risks, taking into account the opinions of the European Union, international and national human rights and dthe possible health risks and risks relating to the degree of protection for fundamental rights, including the protection of personal data, for which purpose account must be taken of the recommendations made by the European Data pProtection authorities, such as the EDPS, the FRA and the UN Special Rapporteur on the Protection of Human Rights while Countering TerrorismSupervisor, the Article 29 Working Party and the European Union Agency for Fundamental Rights;
Amendment 85 #
2010/2154(INI)
Paragraph 10
Amendment 21 #
2010/2114(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the manufacture, possession, acquisition, transport, supply or use of weapons and explosives or of nuclear, biological or chemical weapons, as well as research into, and development of, biological and chemical weapons and instruction in the making or use of explosives, firearms or other weapons for illegal purposes is part of the EU definition of terrorism and training for terrorism as referred to in Council Framework Decisions 2002/475/JHA and 2008/919/JHA,
Amendment 28 #
2010/2114(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the EU CBRN Action Plan straddles the new division of competences between the Member States and the EU following the entry into force of the Lisbon Treaty, as envisaged in Article 5 TEU in connection with the principles of conferral, subsidiarity and proportionality; points out that the EU CBRN Action Plan covers the area of shared internal competences (Article 4 TFEU) regarding the area of freedom, security and justice, common safety concerns, and transport; civil protection measures (Article 196 TFEU); as well as external actions of the Union (Articles 21 and 22 TEU); (This is a linguistic amendment and does not affect all language versions)
Amendment 61 #
2010/2114(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that preventing terrorist access to CBRN materials is a key priority under both the current 2005 EU Counter- Terrorism Strategy and the future one, as well as under the 2003 EU Strategy against Proliferation of Weapons of Mass Destruction and their Means of Delivery; requests, therefore, that the EU Counter- Terrorism Coordinator report regularly to Parliament on any potential, when appearing before the European Parliament, report on the level of CBRN risks or threats within the Union or against EU citizens and interests elsewhere; insists that further clarification is needed on the appropriate roles of the various EU and national bodies involved in the fight against terrorism; acknowledges in that connection the coordination and information-gathering role of the Standing Committee on Operational Cooperation on Internal Security (COSI) and the SitCen; is nevertheless concerned at the lack of democratic oversight of both bodies; calls calls for the Council to inform Parliament, as the only directly democratically elected body in the EU, to be kept promptly and fully informed regularly about the actions of both of these bodies;
Amendment 67 #
2010/2114(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the EU institutions and Member States to resist pressure from industry and other interested stakeholders seeking to escape the burden of more regulation, as is to be expected (and as emerges clearly from a comparison between the Commission and the Council versions of the EU CBRN Action Plan); considers thattake due account of the industry concerns about the quality and impact of the proposed regulatory measures should be taken into consideration, without losing sight of what is at stake, namely the safety of EU citizens and societies; stresses in particular the priority of ensuring supervision and protection of CBRN materials throughout the EU and the efficiency of the EU response to a disaster, be it accidental or intentional;
Amendment 74 #
2010/2114(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that security arrangements and requirements at high-risk CBRN facilities throughout the EU must be the subject of EU regulations, rathare different in many Member States; considers than merely ‘good- practice documents’, through a consistent consultation process bringing together EU bodies, Member Stt these differences should not result in reduced effectiveness or undermine security and thate authorities and organisations dealing with high-risk CBRN agents; urges that until such regulat system based on good practices in the Member States is perfectly valid; urges that new provisions arbe adopted and in place, a greater monitoring and inspection role should be entrusted to the Commissiononly if they clearly result in improved security at both national and European level;
Amendment 81 #
2010/2114(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers it crucial that the ‘Prevention’ part of the EU CBRN Action Plan should be amended in such a way as toWelcomes the fact that current European legislation – REACH Regulation already forces the chemicals industry to replacmake the use of high-risk chemicals with suitable lower-risk alternatives, where such replacement is possible, regardless of the economic costs; suggests that a specific link should be established with the existing REACH Regulation1, something which the version of the Action Plan proposed by the Commission rightly sought to dosubject to authorisation procedure and to consider the possibility of replacing it with suitable lower-risk alternatives, taking account of the social and economic costs involved; calls for the functioning of the REACH Regulation1 to be accessed within the established deadlines;
Amendment 96 #
2010/2114(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that a future short-term revision of the EU CBRN Action Plan should not simply promote self-regulation among the industries concerned, and not merely advise the industries to adopt codes of conduct, but actually call on the Commission, if recommended by the risk assessments, to develop pan-European guidelines and regulations applicable to all sectors dealing with high-risk CBRN agents;
Amendment 99 #
2010/2114(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that it is of the utmost importance to keep a close track of all transactions involving high-risk CBRN materials in the EU, and that instead of merely ‘urging’ the industry to report on transactions, as stated in the adopted Action Plan, the Commission and the Member States should work on a proper legal framework to regulate and monitor transactionsincrease security, thus ensuring proper and rapid reporting of all suspicious transactions as well as the loss or theft of CBRN materials; emphasises that these regulations should establish a proper basis for full transparency in all sectors dealing with CBRN agents, thus holding industries accountable for such transactions;
Amendment 16 #
2010/0220(NLE)
Proposal for a regulation
Recital 2
Recital 2
(2) TheAlthough coal only makes a small contribution of subsidised coal to the overall energy mix no longer justifies the maintenance of such subsidies with a view of securing the supply of energy on a Union levelof the Union, provision should be made for the granting of aid to access indigenous coal reserves on the grounds of energy security.
Amendment 24 #
2010/0220(NLE)
Proposal for a regulation
Recital 3
Recital 3
(3) The Union's policies of encouraging renewable and lower carbon fossil fuels for power generation do not justify the indefinite support for uncompetitive coal mines. The categories of aid permitted by Regulation (EC) No 1407/2002 should therefore not be continued indefinitely. Nonetheless, it should be recognised that replacing subsidised coal with unsubsidised coal will not greatly benefit the environment.
Amendment 33 #
2010/0220(NLE)
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation marks the transition of the coal sector from sector-specific rules to the general State aid rules applicable to all sectors, save in respect of aid to cover exceptional costs, aid for access to reserves and aid for research and development projects.
Amendment 34 #
2010/0220(NLE)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The Community guidelines on State aid for environmental protection1 reaffirm clearly the European Commission’s positive attitude towards State aid for CO2 capture, transport and storage. This regulation upholds this view, stating that aid for coal mining to provide raw materials for said projects is compatible with the internal market. _____ 1 OJ C 37, 3.2.2001, p. 3.
Amendment 37 #
2010/0220(NLE)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to minimise the distortion of competition in the internal market resulting from aid, such, closure aid should be degressive and strictly limited to production units that are irrevocably planned for closure.
Amendment 43 #
2010/0220(NLE)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) As the European Union is committed to developing CO2 capture and storage technology under the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013)1 maintaining access to reserves until this technology has been proven and made available is only reasonable. _____ 1 OJ L 412, 30.12.2006, p. 1.
Amendment 50 #
2010/0220(NLE)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Given that in some regions of the European Union the opening of coal mines has had a huge impact on the landscape in areas that are part of the Natura 2000 network, remediation must be included into this regulation as an obligation.
Amendment 53 #
2010/0220(NLE)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The Commission needs to ensure that the Member States make effective and selective use of the aid for regeneration of mining basins so as to encourage their economic diversification and overcome their dependence on economic activities linked to coal, especially in the regions most affected by the closures. Future regional policy after 2013 should provide the framework for setting objectives and establishing the necessary control mechanisms to help improve competitiveness in these regions.
Amendment 54 #
2010/0220(NLE)
Proposal for a regulation
Article 1 – point a a (new)
Article 1 – point a a (new)
aa) ‘plan for accessing coal reserves’ means a plan drawn up by a Member State, providing for the production of the minimum quantity of indigenous coal necessary to guarantee access to coal reserves;
Amendment 55 #
2010/0220(NLE)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. In the context ofAs far as definite closure of uncompetitive mines, coverage of exceptional costs, access to reserves and support for research and development projects are concerned, aid to the coal industry may be considered compatible with the proper functioning of the internal market if it complies with the provisions of this Regulation.
Amendment 57 #
2010/0220(NLE)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
a) the operation of the production units concerned must form part of a closure plan the deadline of which does not extend beyond 31 OctoDecember 201422;
Amendment 65 #
2010/0220(NLE)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
f) the overall amount of closure aid granted by a Member State for any particular undertaking must follow a downward trend, where the reduction between successive periods of fifteen months must not be less than 33 percent of the aid provided in the initial fifteen month period of the closure plan;
Amendment 76 #
2010/0220(NLE)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Aid may not be granted for costs arising from the remediation of mining areas if, under the legislation in force at the time mining began, setting up a bond to cover remediation costs was compulsory.
Amendment 77 #
2010/0220(NLE)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 78 #
2010/0220(NLE)
Proposal for a regulation
Article 7 – paragraph 2 – point d a (new)
Article 7 – paragraph 2 – point d a (new)
da) the status of remediation work at closed or abandoned production units and, where applicable, the estimated period of time required for complete remediation of the mines.
Amendment 79 #
2010/0220(NLE)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Member States which intend to grant aid for accessing reserves as referred to in Article 2a shall advise the Commission of the plan for accessing reserves at the production units concerned. The plan shall contain at least the following: a) identification of the production units; b) the real or estimated production costs for each production unit per coal year; c) estimated coal production, per coal year, of production units forming the subject of a plan for accessing reserves; d) the estimated amount of aid for accessing reserves per coal year.
Amendment 80 #
2010/0220(NLE)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall notify the Commission of any amendments to the closure plan toand the Commissionplan for accessing reserves.
Amendment 81 #
2010/0220(NLE)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. When notifying aid as referred to in Articles 4 and 5 and when informing the Commission on aid actually paid, Member States shall supply all the information necessary for the Commission to verify that the provisions of this Regulation are complied with.
Amendment 83 #
2010/0220(NLE)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 1 #
2009/0098(COD)
Proposal for a regulation – amending act
Recital 5
Recital 5
(5) All Member States should be able to initiate meetings, when considered appropriate, between the immigration liaison officers posted in a particular third country or region, in order to enhance cooperation between them. Representatives of the Commission and the FRONTEX Agency should participate in those meetings and other bodies and authorities, such as the European Asylum Support Office and the Office of the United Nations High Commissioner for Refugees (UNHCR), could also be invited.
Amendment 2 #
2009/0098(COD)
Proposal for a regulation – amending act
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Regulation (EC) No 377/2004
Article 4 – paragraph 1
Article 4 – paragraph 1
"– exchange information and practical experience, in particular at meetings and via ICONet, – exchange information, when appropriate, on experience regarding asylum seekers' access to protection,"
Amendment 3 #
2009/0098(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 377/2004
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Member State holding the Presidency of the Council of the European Union or, if this Member State is not represented in the country or region, the Member State serving as acting Presidency shall draw up, by the end of each semester, a report to the Council, the European Parliament and the Commission on the activities of immigration liaison officers networks in specific regions and/or countries of particular interest to the European Union, as well as on the situation in those regions and/or countries, in matters relating to illegal immigration. The Member State concerned shall take into consideration a human rights based approach when reporting on such a situation. The selection, following a consultation with the Member States and the Commission, of the specific regions and/or countries of particular interest to the European Union shall be based on objective migratory indicators, such as statistics on illegal immigration and, risk analyses prepared by the FRONTEX Agencyand other relevant information/reports prepared by the FRONTEX Agency and by the European Asylum Support Office, and shall btake in line wito consideration the overall EU external relations policy.
Amendment 4 #
2009/0098(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 377/2004
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall, on the basis of the abovementioned reports, provide a factual summary to the Council and taking into consideration a human rights based approach, provide a factual summary and, where appropriate, recommendations to the European Parliament and the Council, on an annual basis, on the development of the immigration liaison officers networks.
Amendment 10 #
2008/2235(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the situation of applicants for asylum and/or international protection differs substantially from that of immigrants who have reached the Member States illegally,
Amendment 13 #
2008/2235(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, during theirsome visits, the Members noted on several occasions, where this was necessary owing to the poor conditions in a particular centre, that the detention conditions were intolerable from the point of view of hygiene, overcrowding and the equipment available, and whereas the people detained were not systematically informed of the reasons for their detention, of their rights and of the progress in their case,
Amendment 16 #
2008/2235(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas detention is a temporary administrative measure that differs from criminal detention,
Amendment 18 #
2008/2235(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Regrets that thsome visits revealed that the existing directives were still being poorly applied, or not at allwere not being applied, by thsome Member States; calls on the Commission to take the necessary measures to ensure that the directives are transposed and complied with;
Amendment 27 #
2008/2235(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States to show more solidarity - not limited to technical and/or financial solidarity - with the countries most affected by the challenges of immigration; calls on the Commission to study the possibility of proposing a European burden-shsolidaringty instrument to improve efficiency for the Member States and afford a aimed at relieving the burden posed by the high number of refugees received by Member States with external borders, whigch would be based on the principle of respect for the wishes of asylum seekers and would afford a high level of protection for asylum seekers;
Amendment 47 #
2008/2235(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses its concern over the lack of interpreters in some of the centres visited, including at official interviews; urges the Member States to provide a public interpreting service free of charge, if necessary by telephone;
Amendment 55 #
2008/2235(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets that access to free legal aid appears limited for asylum seekers and detained illegal immigrants and amounts sometimes to no more than a list of lawyers’ names, resulting in people without sufficient funds being left without assistance;
Amendment 56 #
2008/2235(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that it is particularly difficult for people in detentiondetainees to find appropriate legal assistance given the difficulties of external communication;
Amendment 59 #
2008/2235(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that continuity of access to lawyers is made more difficult when detainees are moved between different reception or administrative detention centres;
Amendment 62 #
2008/2235(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges those Member States which do not yet do so to provide free and effective public legal aid to allboth asylum seekers and detained illegal immigrants;
Amendment 81 #
2008/2235(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 83 #
2008/2235(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 87 #
2008/2235(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Is concerned at the prison-like conditions in which irregular migrants and asylum seekers are keptasylum seekers and illegal immigrants are kept in some of the detention centres visited even though they have committed no crime; calls for such persons to be detained in separatebuildings other than prison buildings in order to ensure their protection;
Amendment 89 #
2008/2235(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that access to health care, and particularly to psychological care, is often made difficult by the prison condition, since some detention centres are located in prison establishments; calls on the Member States to provide appropriate, independent medical attention in detention centres, including psychological care, day and night;
Amendment 94 #
2008/2235(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States to improve contact with the outside world where this is possible, including by allowing regular visits, increasing telephone access and making iInternet access available in all the centres;
Amendment 107 #
2008/2235(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 114 #
2008/2235(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 121 #
2008/2235(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Calls on the Member States to consider all appropriatternative measures tother than detention and to demonstrate that those measures are not effective before detaining families which include minors, where appropriate and before detaining families which include minors, to demonstrate that the alternatives considered are not effective;
Amendment 123 #
2008/2235(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Calls on the CommissionMember States to lay down mandatory common standards for identifying vulnerable persons likely to be eligible for international protection, particularly victims of torture or human trafficking;
Amendment 30 #
2008/0243(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The Member States’ services responsible for asylum should receive practical aid to meet their day-to-day operational requirements. Here the future European Asylum Support Office will play a vital role.
Amendment 31 #
2008/0243(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) For the purposes of this Regulation “detention” shall not carry a penal or punitive connotation, but shall mean an exclusively administrative and temporary measure equivalent to a holding operation.
Amendment 32 #
2008/0243(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Detention of asylum seekers should be applied in line with the underlying principle that a person should not be held in detention for the sole reason that he is seeking international protection. In particular, detention of asylum seekers must be applied in line with Article 31 of the Geneva Convention in administrative holding centres distinct from prison centres and under the clearly defined exceptional circumstances and guarantees prescribed in Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers]. Moreover, the use of detention for the purpose of transfer to the Member State responsible should be limited and subject to the principle of proportionality with regard to the means taken and objective pursued.
Amendment 47 #
2008/0243(COD)
Proposal for a regulation
Article 2 – point (k a) (new)
Article 2 – point (k a) (new)
(ka) “Detention” means a temporary administrative measure of a non-punitive nature.
Amendment 49 #
2008/0243(COD)
Proposal for a regulation
Article 4 – paragraph 2 - subparagraph 1
Article 4 – paragraph 2 - subparagraph 1
2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant is reasonably supposed to understands. Member States shall use the common leaflet drawn up pursuant to paragraph 3 for that purpose.
Amendment 52 #
2008/0243(COD)
Proposal for a regulation
Article 4 – paragraph 2 –subparagraph 2
Article 4 – paragraph 2 –subparagraph 2
Where necessary for the proper understanding of the applicant, the information shall also be supplied orally, at the interview organised pursuant to Article 5, in a language that the applicant understands.
Amendment 53 #
2008/0243(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The personal interview shall take place in a language that the applicant is reasonably supposed to understands and in which he is able to communicate. Where necessary, Member States shall select an interpreter who is able to ensure appropriate communication between the applicant and the person who conducts the personal interview.
Amendment 84 #
2008/0243(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where the requested Member State agrees to take charge or to take back an applicant or another person as referred to in Article 18(1)(d), the requesting Member State shall notify the person concerned of the decision to transfer him/her to the responsible Member State and, where applicable, of not examining his/her application for international protection. Such notification shall be made in writing, in a language which the person is reasonably supposed toapplicant understands and within no more than fifteen15 working days from the date of receipt of the reply from the requested Member State.
Amendment 90 #
2008/0243(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. Member States shall ensure that legal assistance and/or representation be granted free of charge where the person concerned cannot afford the costs involved. In such cases Member States may receive financial support from the European Union.
Amendment 95 #
2008/0243(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Without prejudice to Article 8(2) of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers], when it proves necessary, on the basis of an individual assessment of each case, and if other less coercive measures cannot be applied effectively, Member States may detain an asylum- seeker or another person as referred to in Article 18(1)(d), who is subject of a decision of transfer to the responsible Member State, toin a particular placnon-penal administrative centre only if there is a significant risk of him/her absconding.
Amendment 101 #
2008/0243(COD)
Proposal for a regulation
Article 27 – paragraph 7 – subparagraph 2
Article 27 – paragraph 7 – subparagraph 2
Detained persons shall immediately be informed of the reasons for detention, the intended duration of the detention and the procedures laid down in national law for challenging the detention order, in a language they are reasonably supposed to understand.
Amendment 35 #
2008/0140(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) This Directive respects the fundamental rights and observes the fundamental principles recognised in particular by the Charter of Fundamental Rights of the European Union. Article 10 of the Charter recognises the right to freedom of thought, conscience and religion; Article 21 prohibits discrimination, including on grounds of religion or belief, disability, age or sexual orientation; and Article 26 acknowledges the right of persons with disabilities to benefit from measures designed to ensure their independenceouncil of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, particularly Articles 9 and 10 thereof, and by the Charter of Fundamental Rights of the European Union, particularly Article 10(2) and Articles 21 and 26 thereof.
Amendment 92 #
2008/0140(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) While prohibiting discrimination, it is important to respect other fundamental rights and freedoms, including the protection of private and family life and transactions carried out in that context, the freedom of religion, freedom of expression and the freedom of association. This Directive is without prejudicedoes not apply to national lawsegislation on marital or family status, including on reproductive rights. It is also without prejudiadoption and the rights deriving therefrom, or to the organisation and content of education, which fall under the competence tof the secular nature of the State, state instituMember States. The Directive does not require Member States to amend their legislations or bodies, or educationpractices in these respects.
Amendment 164 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. The behaviour of a person or organisation that does not respect the principles laid down in this Directive shall not be deemed to be a form of discrimination within the meaning of paragraph 1 where such behaviour is motivated by an ethos based on religion or beliefs.
Amendment 187 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Within the limits of the powers conferred upon the Community, the prohibition of discrimination shall apply to all persons, as regards both the public and private sectors, including public bodies, and in accordance with the subsidiarity and proportionality principle, the prohibition of discrimination shall apply in relation to:
Amendment 9 #
2007/2262(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas southern Member States are having to accept asylum applications from illegal immigrants who are rescued when in distress whilst they are on their way to Europe,
Amendment 10 #
2007/2262(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas southern Member States are having to accept asylum applications from illegal immigrants who are not assisted by third countries which are obliged to provide such assistance under international law,
Amendment 12 #
2007/2262(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the Dublin Regulation establishes a system which is designed to determine the Member State responsible for dealing with a claim, but is not and cannot beregrettably fails to provide for a burden sharing mechanism,
Amendment 13 #
2007/2262(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas it is essential that any evaluation of the Dublin system is accompanied by a concrete, permanent, fair and functional burden sharing mechanism,
Amendment 25 #
2007/2262(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Asks the Commission to bring forward concrete proposals for burden-sharing mechanismspermanent, fair and functional burden-sharing mechanisms as part of this evaluation which cshould be put in place in order to help alleviate the disproportionate load which could fall on certain Member States, but do not fit the Dublin system;
Amendment 32 #
2007/2262(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls upon the Commission to establish meaningful bilateral working relations with third countries such as Libya, in order to facilitate cooperation and ensure that such third countries meet their international legal obligations;
Amendment 44 #
2007/2262(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 2 #
2007/2212(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
Amendment 3 #
2007/2212(INI)
Motion for a resolution
Recital – A (new)
Recital – A (new)
-A. whereas drugs, by destroying young lives, undermine the future of our society and must therefore be fought against with determination and without hesitation,
Amendment 28 #
2007/2212(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Acknowledges that churches and religious communities have been very active in the fight against drugs and their experiences should therefore be taken into account in the formulation, implementation and assessment of drugs policies;
Amendment 96 #
2007/2212(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 71 #
2007/2145(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Stresses the need for a global, human rights based approach to non- discrimination reflecting the European dimension of discrimination against the Roma; takes the view that a European Union framework strategy for Roma inclusion should seek to tackle the following problems: - segregation of the Roma as regards access to housing, and their exclusion from employment and public education, - frequent denial of their rights by public authorities and their political under- representation, - the very inadequate guarantees against racial discrimination at local level and too few appropriate integration programmes; blatant discrimination in health care, including forced sterilisation and a lack of appropriate information on family planning and access to contraceptionunsatisfactory access to health care, - discrimination by the police, in particular (deliberate) shootings, arson, assault or other violent acts, which are not impartially investigated and prosecutions are not brought; the police’s racial profiling – inter alia by taking fingerprints or other forms of data collection – and wide discretionary powers, which give rise to abuses with no disciplinary consequences; training and awareness-raising programmes on non- discrimination by the police, which are largely non-existent;
Amendment 99 #
2007/2145(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Stresses the importance of ensuring that third-country nationals entering European Union territory and EU citizens are aware of the existing laws and social agreements on gender equality in the society of host countriesbetween men and women, so as to rule out discriminatory situations resulting from a lack of awareness of the legal and social context;
Amendment 134 #
2007/2145(INI)
Motion for a resolution
Paragraph 66 a (new)
Paragraph 66 a (new)
66a. Calls on the Member States to preserve the guarantees for access to pastoral care for the military personnel;
Amendment 135 #
2007/2145(INI)
Motion for a resolution
Paragraph 67
Paragraph 67
Amendment 138 #
2007/2145(INI)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Expresses shockdeep concern at the tragic fate of those who lose their lives in an attempt to reach European territory; since channels for legal migration to the European Union from third countries are virtually non- existent, migrants are left to the mercy of smugglers or traffickers and/or risk their lives in order to travel to Europe, leading to thousands of deaths each year;
Amendment 139 #
2007/2145(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Calls on the Commission and the Member States to introduce realisticeffective, long- term migration policies and more flexible rules governing asylum seekers, rather than focusing all their efforts on preventing illegal immigration, deploying to that end a growing range of frontier checks which lack the mechanisms needed to identify potential asylum seekers at Europe’s borders, a shortcoming which leads to violations of the principle of non- refoulement, as enshrined in the 1951 Convention on the Status of Refugees;
Amendment 158 #
2007/2145(INI)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Asks that particular attention be paid to the situation of refugee, asylum seeker and migrant children, and to the children of parents who are asylum seekers, refugees or undocumented, so that every child can fully exercise its rights, as defined in the United Nations Convention on the Rights of the Child, including the right to non- discrimination, with the interests of the child being given the highest possible priority in all actions taken, however fully acknowledging the important role and the responsibility of parents; condemns the development in some Member States of a two-tier education system and different care and assistance arrangements for children of nationals and non-nationals; condemns situations in which higher priority is given to the application of immigration laws than to arrangements designed to protect the child; calls on Member States to respect the right of the parents to educate their children in conformity with their convictions;
Amendment 179 #
2007/2145(INI)
Motion for a resolution
Paragraph 96
Paragraph 96
96. Takes the view that freedom of the press should always be exercised within the limits of the law, but is at the same time concerned by the fact that the temptation in recent years to exclude certain subjects, from public debate, and in particular the attempt to relegate religion to a strictly private ambit, leads in many Member States to a form of unofficial censorship or to self-censorship by the media;
Amendment 180 #
2007/2145(INI)
Motion for a resolution
Paragraph 97
Paragraph 97
97. Condemns all forms of violence against children, and stresses in particular the need to combat the forms of violence most frequently encountered in the Member States: paedophilia, sexual abuse, domestic violence, corporal punishment in schools and other forms of abuse in institutions; calls for reliable, confidential, accessible mechanisms to be put in place to allow children in all the Member States to report violence, and for those mechanisms to be given wide publicity;
Amendment 181 #
2007/2145(INI)
Motion for a resolution
Paragraph 98
Paragraph 98
98. Calls on the Member States to implement drasticeffective measures to forbid the various forms of exploitation of children, including for the purposes of prostitution, for the production of pedo-pornographic material, drug trafficking, pickpocketing and begging, and any other form of exploitation;
Amendment 184 #
2007/2145(INI)
Motion for a resolution
Paragraph 102
Paragraph 102
102. Recalls that almost 20% of children in the EU live beneath the poverty threshold and that the most vulnerable of them come from single-parent families and/or have parents who were born abroad; stresses that combating family break-ups should be considered as an effective measure to achieve the proclaimed goal of the EU leaders to fight against child poverty; stresses in consequence that appropriate assistance measures, centred around the needs of the child, must be taken, including support measures for families, and calls on the Member States, particularly those with the highest levels of poverty, to adopt ambitious, achievable targets for reducing child poverty;
Amendment 190 #
2007/2145(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
110. Calls on the Member States to take action to guarantee the right of children to a family and to act accordingly to find effective solutions to prevent abandonment of children; calls on them to move away from the policy of large institutions and instead to reform, develop and reinforce effective alternative child-care structures based on the family and the community; calls on the Commission to study and propose a common definition of international adoption and an EU policy in this area;
Amendment 40 #
2007/0236(CNS)
Article 1 − point 1
Framework Decision 200/475/JHA
Article 3 − paragraph 1 − point (a)
Article 3 − paragraph 1 − point (a)
(a) "public provocation to commit a terrorist offence" means the distribution, or otherwise making available, of a message to the public, with the intent to incite the commission of one of the acts listed in Article 1(1)(a) to (h), where such conduct, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed, where there are reasonable grounds for suspecting that such conduct may favour the commission of a terrorist act;
Amendment 10 #
2007/0192(CNS)
Proposal for a regulation – amending act
Article 1 - point 1 - point b
Article 1 - point 1 - point b
Regulation (EC) No 1338/2001
Article 4 - paragraph 2
Article 4 - paragraph 2
(b) at the end of paragraph 2 the following sentenceparagraph is added: 'For the purpose of facilitating the control for authenticity of circulating euro notes, the transport of counterfeit notes and when the quantity seized so permits, an adequate number of false euro notes (even when these constitute evidence in criminal proceedings) shall be transmitted to the competent national bodies and the transport thereof amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted.'.
Amendment 11 #
2007/0192(CNS)
Proposal for a regulation – amending act
Article 1 - point 2 - point a
Article 1 - point 2 - point a
Regulation (EC) No 1338/2001
Article 5 - title
Article 5 - title
(a) the title is replaced by the following: ‘'Obligation to transmit counterfeit notes'coins’;
Amendment 12 #
2007/0192(CNS)
Proposal for a regulation – amending act
Article 1 - point 2 - point b
Article 1 - point 2 - point b
Regulation (EC) No 1338/2001
Article 5 - paragraph 2
Article 5 - paragraph 2
(b) at the end of paragraph 2 the following sentenceparagraph is added: 'For the purpose of facilitating the control for authenticity of circulating euro coins, the transport of counterfeit coins and when the quantity seized so permits, an adequate number of false euro coins (even when these constitute evidence in criminal proceedings) shall be transmitted to the competent national bodies and the transport thereof amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted.'.