Activities of Alessandra MUSSOLINI
Plenary speeches (6)
Deaths at sea: a common EU response to save lives and action to ensure safe and legal pathways (debate)
Resumption of the sitting
The Rights of children in Rainbow Families and same sex parents in particular in Italy (debate)
The need for European solidarity in saving lives in the Mediterranean, in particular in Italy (debate)
The need for EU action on search and rescue in the Mediterranean (debate)
The need for EU action on search and rescue in the Mediterranean (debate)
Written questions (8)
EU response to the arrival of passengers from China: preventing the spread of COVID-19
Ireland’s plan to introduce warning labels on alcoholic drinks
Fresh threat of drought and risk of a water emergency in Europe
Extreme weather emergency in Italy
Rising unemployment in a number of EU regions
Areas being left without bank branches
Christmas is an inclusive celebration
Proposal for a packaging and packaging waste regulation: transparency and impartiality of the impact assessment
Individual motions (1)
MOTION FOR A RESOLUTION on establishing a European Adherence to Therapy Day
Amendments (536)
Amendment 161 #
2023/2028(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Strongly condemns the widespread fundamental rights violations and use of disproportionate violence by national authorities at Union borders;Notes that there have been multiple cases of migrant deaths caused by people who foster illegal migratory flows within Member State territories by trafficking human beings and exposing the individuals being transported to inhumane and degrading treatment, undermining their safety and putting their lives at risk.
Amendment 182 #
2023/2028(INI)
Motion for a resolution
Paragraph 13 – indent 1 (new)
Paragraph 13 – indent 1 (new)
- Notes that the rights of the child are universal and that every child enjoys the same rights, free of discrimination, such as the right to the recognition of parenthood, urges the Member States to register births regardless of how the child was conceived or born and regardless of the child’s type of family, whether children of a single parent, a de facto couple, a married couple or a couple in a registered partnership, including children with same-sex parents or who have been adopted domestically by one or two parents.
Amendment 209 #
2023/2028(INI)
Motion for a resolution
Paragraph 17 – indent 1 (new)
Paragraph 17 – indent 1 (new)
- Notes that, according to UNICEF, some 1.8 billion people are unable to manage menstruation in a dignified manner, and therefore calls on the Member States to tackle period poverty – where people are unable to keep good hygiene by means of dedicated sanitary products – by doing away with VAT on products of that kind.
Amendment 128 #
2022/0269(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) As a member of the World Trade Organisation (WTO), the Union is committed to promoting a rules-based, open, multilateral trading system under the WTO. Any measures introduced by the Union that affect trade must be WTO compliant. Further, all measures introduced by the Union that affect trade must take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not perceived as a unilateral protectionist measure.
Amendment 148 #
2022/0269(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Taking into account that this Regulation breaches the European Parliament's and Commission's interinstitutional agreement on Better Law-Making by excluding an impact assessment, and thus lacks significant estimates needed to evaluate cost-benefit, the one-in, one-out principle, and WTO compatibility amongst other things, the Commission should create an impact assessment six months after the Regulation's entry into force. The Commission should also submit a comprehensive report to the European Parliament and to the Council on the impact of the Regulation, three years after its applicability. The report shall evaluate the effectiveness of this Regulation in reaching its objectives, in particular, its impact on the eradication of forced labour.
Amendment 151 #
2022/0269(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) Given that this Regulation will impose additional compliance costs on economic operators, action needs to be taken to prevent the total level of regulatory and financial burden from increasing. Therefore, in line with the Commission's Better Regulation agenda, and the 'one in, one out' principle, the Commission should present, before the application of this Regulation, proposals offsetting the regulatory and financial burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.
Amendment 170 #
2022/0269(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and valuesupply chains. Appropriate due diligence means that forced labour issues in the valuesupply chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.
Amendment 173 #
2022/0269(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure cooperation among competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour. When requesting information from economic operators, competent authorities should follow the Commission’s Once-Only principle, through increased cooperation and dialogue between authorities who are engaged in overseeing product regulation. An economic operator should not have to submit the same information more than once.
Amendment 185 #
2022/0269(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the valuesupply chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 188 #
2022/0269(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 204 #
2022/0269(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 219 #
2022/0269(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 238 #
2022/0269(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The guidelines should include sectoral guidance such as the garment and textile sector, agri-sector and automotive sector, as well as type of supplier such as wholesale, manufacture or smallholder farm. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.
Amendment 256 #
2022/0269(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods. . Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management.
Amendment 263 #
2022/0269(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The Commission should take into due consideration the risk of disengagement by economic operators who are either related to products, regions or production sites in the data base, or who have had their product removed from the Union market, as well as the consequences on affected workers. The Commission should therefore, where appropriate, support economic operators in adopting and carrying out measures suitable and effective for bringing forced labour to an end.
Amendment 272 #
2022/0269(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) With acknowledgment of current developments in traceability technology and the use of blockhain to facilitate monitoring of supply chains, the Commission should support economic operators in the uptake of such technology, including through financial and technical assistance.
Amendment 282 #
2022/0269(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to create enabling environments to promote and protect human rights, including capacity building to support workers and local communities in their efforts to root out forced labour from global supply chains and enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis. The Commission should further integrate this Regulation with existing trade measures such as free trade agreements and the Generalised Scheme of Preferences, to enhance the cumulative effect of EU trade measures in eradicating forced labour. This means that in the case where a product has been found to have forced labour, it cannot qualify for GSP tariff reduction. Furthermore, if third country authorities are found to be non-cooperative, or not taking measures to end forced labour within their national borders, the Commission should evaluate whether they should benefit from existing GSP trade facilitation. The Commission should ensure coherence and synergies between relevant external policies, in particular development cooperation and projects focusing on the eradication of forced labour.
Amendment 291 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour. This Regulation contributes to the fight against forced labour and promotes corporate sustainability due diligence standards.
Amendment 298 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall not cover the withdrawal of products which have reached the end-users in the Union market, or been transformed or integrated into another product and constitute minor component of the final product.
Amendment 334 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘economic operator’ means any natural or legal person or association of personsbusiness with more than 1000 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year who is placing or making available products on the Union market or exporting products;
Amendment 352 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded reason, based on objective, factual and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
Amendment 355 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point r – point 1 (new)
Article 2 – paragraph 1 – point r – point 1 (new)
1) 'supply chain' means the network of organizations that cooperate to transform raw materials into finished goods (including the extraction, harvest, production or manufacturing)
Amendment 356 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point s a (new)
Article 2 – paragraph 1 – point s a (new)
(sa) 'mass balance model' means a chain of custody model in which materials or products with a set of specified characteristics are mixed according to defined criteria with materials or products without that set of characteristics;
Amendment 373 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant, factual and verifiable information available to them, including the following information:
Amendment 385 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the valuesupply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.
Amendment 393 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment, including on the basis of any of the following:
Amendment 394 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a a (new)
Article 4 – paragraph 3 – point a a (new)
(aa) any industry scheme, third-party audit or certification from the economic operators' suppliers that guarantees the absence of forced labour;
Amendment 399 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 1530 working days from the day they received such request or make a justified request for an extension of that time limit. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.
Amendment 424 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of timetheir supply chain.
Amendment 458 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and
Amendment 462 #
2022/0269(COD)
(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.
Amendment 476 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned as well as the complexity of the supply chain.
Amendment 488 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish and duly motivate whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1).
Amendment 492 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 505 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) a prohibition to place or make the products or product component concerned available on the Union market and to export them;
Amendment 508 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
(b) an order for the economic operators that have been subject to the investigation to withdraw from the Union market the relevant products or product component that have already been placed or made available on the market;
Amendment 512 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) an order for the economic operators that have been subject to the investigation to dispose of the respective products in accordance with national law consistent with Union law or to remove or replace the component of the product that was made with forced labour.
Amendment 542 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where competent authorities establish that economic operators have provided evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminatedadopted appropriate measures to address the risk of forced labour fromin their operations or supply chain or remediated forced labour cases in compliance with the Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 with respect to the products concerned, the competent authorities shall withdraw their decision for the futurelift the market prohibition immediately and inform the economic operators of this decision.
Amendment 553 #
2022/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the findings of the investigation and the information underpinning the findings;evidence that justifies the decision.
Amendment 579 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision. Economic operators shall be entitled to compensation or damages for the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.
Amendment 594 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point g a (new)
Article 9 – paragraph 1 – point g a (new)
(ga) any court decision to annul competent authority decision referred to in Article 8(5);
Amendment 598 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e), (g) and (ga) on a dedicated website.
Amendment 613 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall, as soon as possible, diligently and impartially assess the information, including whether the claims are well-founded and, inform the person or association referred to in paragraph 1 of the outcome of the assessment of their submission.
Amendment 627 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or production sites with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities.
Amendment 642 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 124 months after the entry into forcebefore the application of this Regulation.
Amendment 645 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Economic operators placing or making available on the Union market or exporting products which are not mentioned in the database referred to in paragraph 1 of this Article, or which come from areas that are not mentioned in that database, shall also be required to comply with Article 3in line with Article 4, risk-based approach shall not be considered to have a high risk of violating Article 3, unless serious proof of the contrary is available.
Amendment 661 #
2022/0269(COD)
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. Member States shall confer on their competent authorities the necessary powers to issue an order requiring the providers of online marketplaces to remove products made with forced labour from their online interface, to disable access to it or to display an explicit warning. Such orders shall be issued in accordance with the minimum conditions set out in Article 9(2) of Regulation (EU) 2022/2065.
Amendment 692 #
2022/0269(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) within 4 working days of the suspension, if the competent authorities have not requested the customs authorities to maintain the suspension. In case of perishable products, animals and plants that time limit shall be 2 working days;
Amendment 706 #
2022/0269(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is disposed of in accordance with national law consistent with Union lawrecycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law accordance. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 734 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) guidance to the economic operator on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, as well as the size and economic resources of economic operators; , different types of suppliers along the supply chain, different sectors and the particular risks associated with forced labour imposed by state authorities. The guidance shall also include advice on how to identify indicators of forced labour in different areas of the supply chain;
Amendment 740 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
Article 23 – paragraph 1 – point a a (new)
(aa) guidance to the economic operators on measures which are suitable and effective for bringing to an end different types of forced labour;
Amendment 741 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) information on risk indicators of forced labour, including a clear distinction for evaluation between forced labour risks in the private sector and risk of state-imposed forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 747 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) further information to facilitate the competent authorities’ implementation of this Regulation; which includes guidelines regarding the assessment of a notification and identification of indicators of forced labour in the pre-investigation phase and investigation phase. This includes benchmarks for the quantification of 'size of economic operator', 'resources of economic operators', 'quantity of products' and 'scale of forced labour' that will be assessed in order to establish substantiated concern for initiating an investigation. These guidelines should be clearly interpretable to ensure that implementation and enforcement of the measure is horizontal across Member States. Where relevant, the Commission should offer capacity building and training for staff of Member States' competent authorities;
Amendment 750 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d a (new)
Article 23 – paragraph 1 – point d a (new)
(da) the guidelines should be consistent with guidance provided in accordance with relevant Union legislation;
Amendment 751 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) guidance for the practical implementation of Article 16 and, where appropriate, any other provision laid down in Chapter III of this Regulation, including with regard to the identification and evaluation of risks of forced labour linked to commodities sourced by economic operators through a mass balance approach.
Amendment 757 #
2022/0269(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article23a Specific provisions for SMEs 1. SMEs shall be given special support and guidance in adapting to this Regulation. 2. This support and guidance shall include: a) SME-specific guidelines with due diligence checklist and toolkit on preventing forced labour b) capacity-building, training programme and administrative and technical support on the assessment and the prevention of forced labour; c) support in their outreach to relevant suppliers and other actors;
Amendment 759 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation as well as other relevant due diligence legislation within the Union, thereby making enforcement more effective and coherent.
Amendment 774 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f
Article 24 – paragraph 3 – point f
(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities; as well as international organisations such as the World Customs Organisation and National Contact Points for the OECD Guidelines for Multinational Enterprises. The Network shall also maintain regular contact with the Commission's relevant services to receive relevant information from other EU initiatives that support the eradication of forced labour.
Amendment 779 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) identify discrepancies between enforcement at the level of different EU Member States;
Amendment 781 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f b (new)
Article 24 – paragraph 3 – point f b (new)
Amendment 784 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission shall organise and chair regular meetings of the Network and shall support and encourage cooperation between enforcement authorities through the Network and participate in the meetings of the Network.
Amendment 789 #
2022/0269(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article24a Support The Network shall support economic operators under investigation to undertake corrective action in line with Article 4(6) and Article 6(6) where the risk of forced labour has been identified to: a) correct the potential risk of forced labour before launching an investigation and b) avoid the last resort of disengagement if the economic operator is deemed violating Article 3. This shall include having dialogue with authorities operating in the region where forced labour has been identified as well as on national level. In the case where disengagement must take effect and economic operators become victim to a third country punitive measure, the Commission shall provide political, administrative or financial support.
Amendment 796 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission mayshall, as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. The Commission shall have regular contact and cooperation with countries that have similar legislation in place, to share information of risk products or regions as well as best practices for bringing to an end forced labour. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 806 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1 (new)
Article 26 – paragraph 2 – subparagraph 1 (new)
Cooperation with third countries shall be integrated with other EU policies and instruments that include measures to eradicate forced labour, including free trade agreements, the Generalised Scheme of Preferences, and development cooperation projects led by the Commission.
Amendment 811 #
2022/0269(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article27a Regulatory monitoring and adjustment The Commission shall present, before the application of this Regulation, in line with the 'one in, one out' principle, proposals offsetting the regulatory and financial burdens introduced by this Regulation through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.
Amendment 821 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Member States shall, by [OP enter DATE = 2430 months from its entry into force of this Regulation], notify those provisions to the Commission, where they have not previously been notified, and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 827 #
2022/0269(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Amendment 831 #
2022/0269(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Amendment 764 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – point 1 (new)
Article 4 – paragraph 1 – point c – point 1 (new)
1) introducing a clear and easily- identifiable icon for the immediate and efficacious reporting of content deemed inappropriate under Article 1 of this Regulation.
Amendment 1264 #
2022/0155(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point j
Article 13 – paragraph 1 – point j
(j) whether the provider considers that the report is indicative of an imminent threat to the life or safety of a child or otherwise requires urgent action;
Amendment 1368 #
2022/0155(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point 1 (new)
Article 21 – paragraph 2 – point 1 (new)
(1) The Member States shall provide for a support fund for victims of abuse. The fund shall provide legal assistance and shall be activated only once the EU Centre has proved an effective violation within the meaning of Article 1 of this regulation.
Amendment 1434 #
2022/0155(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) in accordance with national legislation, the power to ask any member of staff or representative of those providers or the other persons referred to in point (a) to give explanations in respect of any information relating to a suspected infringement of this Regulation and to record the answers;
Amendment 1666 #
2022/0155(COD)
Proposal for a regulation
Article 48 – paragraph 1 – subparagraph 1 (new)
Article 48 – paragraph 1 – subparagraph 1 (new)
The EU Centre shall make a free telephone number available to users that shall provide them with assistance in the event of a suspected violation of the provisions of this regulation.
Amendment 1409 #
2018/0330(COD)
Proposal for a regulation
Article 92 – paragraph 5
Article 92 – paragraph 5
5. The seat of the Agency shall be Warsaw, PolandCatania, Italy.
Amendment 48 #
2018/0227(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Developing capacity related to artificial intelligence is a crucial driver for the digital transformation of industry and also of the public sector . Ever more autonomous robots are used in factories, deep sea application, homes, cities and hospitals. Commercial artificial intelligence platforms have moved from testing to real applications in health and environment; all major car manufacturers are developing self-driving cars, and machine learning techniques are at the heart of all main web platforms and big data applications; products and systems designed to protect Europe’s citizens, infrastructures and borders are increasingly making use of artificial intelligence techniques.
Amendment 59 #
2018/0227(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The digital transformation of the areas of public interest such as healthcare68 , mobility, justice, earth/environmental monitoring, security, education and culture requires the continuation and expansion of Digital Service Infrastructures, which make secure cross-border exchange of data possible and foster national development. Their coordination under this Regulation best achieves the potential for exploiting synergies. _________________ 68 http://ec.europa.eu/newsroom/dae/docume nt.cfm?doc_id=51628
Amendment 85 #
2018/0227(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) ensure that the public sector and areas of public interests, such as health and care, education, judiciary, security, transport, energy, environment, cultural and creative sectors, can deploy and access state-of-the- art digital technologies, in particular high performance computing, artificial intelligence and cybersecurity;
Amendment 44 #
2018/0153(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The sharp increase of mixed migratory flows in 2015 and 2016 has put under pressure migration, asylum and border management systems, revealing the impossibility for single Member States, especially those located at the Union's external borders, to manage the crisis, and called therefore for a coordinated and effective European response.
Amendment 49 #
2018/0153(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The objective of Union policy in the field of migration is to replace irregular and uncontrolled flows with safe and well- managed pathways through a comprehensive approach addressing all aspects of immigration, which should mainly focus on the establishment of the conditions for the return of those migrants who are not granted the right to legally stay on the territory of the Union.
Amendment 53 #
2018/0153(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Respecting human rights standards remainis a fundamental principle of the Union in addressing the migration crisis. The Union is committed to protect the human rights and fundamental freedoms of all migrants, regardless of their migratory status, in full compliance with international law.
Amendment 60 #
2018/0153(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In light of the increasing demand for intelligence and information to support evidence-based policy making and operational responses, there is a need for immigration liaison officers to ensure that their insight and knowledge contribute fully to the establishment of a comprehensive situational picture on key third countries of origin and transit, and to reinforce the political dialogue between these countries and Member States.
Amendment 69 #
2018/0153(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The objective of this Regulation is to ensure better coordination between the Union and key third countries of origin and transit and optimise utilisation of liaison officers deployed to third countries by Member States, the Commission and Union Agencies in order to respond more effectively to the EUnion priorities of preventing and combatting illegal immigration and related cross- border criminality such as smuggling of migrants and trafficking in human beings, facilitatingincreasing the number of returns, readmission and reintegration activities, contributing to integrated management of Union's external borders, as well as supporting management of legal immigration, including in the area of international protection, resettlement and pre-departure integration measures undertaken by Member States and Union.
Amendment 71 #
2018/0153(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Building on Council Regulation (EC) No 377/2004, this Regulation aims to ensure that immigration liaison officers better contribute to the functioning of a European network of immigration liaison officers primarily by establishing a mechanism through which Member States, the Commission and Union Agencies can more systematically coordinate tasks and roles of their liaison officers deployed in key third countries of origin and transit.
Amendment 75 #
2018/0153(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The establishment of a robust governance mechanism that ensures better coordination of all liaison officers dealing with immigration issues as a part of their duties, is essential in order to minimise information gaps and, overlapping of tasks, duplication of work and maximise operational capabilities and effectiveness. A Steering Board should provide guidance in line with Union policy priorities – taking into account the Union external relations – and should be given the necessary powers, in particular to adopt bieanniual work programmes of activities of networks of immigration liaison officers, assign tailored ad-hoc tasks for immigration liaison officers addressing priorities and emerging needs not already covered by the bieanniual work programme, allocate financial resources for agreed activities and be accountable for their execution.
Amendment 97 #
2018/0153(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with Directive 2008/115/EC of the European Parliament and of the Council23 , is an essentialthe main component of the comprehensive efforts to tackle illegal immigration and represents an important reason of substantial public interest. _________________ 23 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 100 #
2018/0153(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Immigration liaison officers need to process personal data to facilitate the success of return operations. The third countries of return are not often subject to adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679, or under Article 36 of Directive (EU) 2016/680, and have often not concluded or do not intend to conclude a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 46 of Regulation (EU) 2016/679 or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. Despite the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or pursuant to the national provisions transposing Article 36 of Directive (EU) 2016/680, cover a limited number of such third countries. In the situation where such agreements do not exist, personal data should be transferred by immigration liaison officers for the purposes of implementing the return operations of the Union, in line with the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 of Directive (EU) 2016/680 are met.
Amendment 106 #
2018/0153(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Since the objectives of this Regulation, which are to optimise utilisation of immigration liaison officers deployed by Member States, Commission and EUnion Agencies to third countries in order to more effectively implement Union priorities regarding preventing and combatting illegal immigration, facilitating return, readmission and reintegration, contributing to integrated management of Union’s external borders, as well as supporting management of legal immigration or international protection schemes, cannot be sufficiently achieved by the Member States alone but are better achieved through coordination at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 111 #
2018/0153(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
1. immigration liaison officer’ means: a liaison officer designated, and deployed abroad, by the competent authorities of one of the Member States, or the Commission or a Union Agency, as provided for in the relevant legal act of the Union applicable to the agency in question, in order to establish and maintain contacts with the authorities of a third country with a view to contributing to the prevention and combating of illegal immigration, the return of illegally staying third-country nationals and the management of legal immigration.
Amendment 114 #
2018/0153(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Amendment 119 #
2018/0153(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Amendment 122 #
2018/0153(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Amendment 178 #
2018/0153(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. A representative elected by the European Parliament shall participate as an observer in the meetings of the Steering Board.
Amendment 184 #
2018/0153(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) review implementation of activities established in the bieanniual work programme, appointment of network coordinators and progress made by networks of immigration liaison officers in their cooperation with competent authorities in third countries;
Amendment 185 #
2018/0153(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) adopt the bieanniual activity report which shall be forwarded to the European Parliament without undue delay;
Amendment 212 #
2018/0153(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. FiveNo later than two years after the date of adoption of this Regulation and every two years thereafter, the Commission shall report to the European Parliament and the Europeano the Council on the application of the Regulation.
Amendment 216 #
2018/0153(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States and Union Agencies shall provide the Commission with the necessary information for the preparation of the report on the application of the Regulation.
Amendment 45 #
2017/2003(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. States that all workers in the platform economy are either self-employed or self-employed based on the primacy of factsubordinate workers in accordance with different types of work contracts that are determined by each Member State by virtue of their sovereignty over labour law; recalls in this context that the Court of Justice of the European Union has defined the concept of ‘worker’ on the basis of an employment relationship characterised by certain criteria such as subordination, remuneration and the nature of work;
Amendment 66 #
2017/2003(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a framework directive on working conditions in the platform economy in order to guarantee the legal situation of platform workers and to ensure that all platform workers have the same social and employment rights and health and safety protection as workers in the traditional economy, within the limits of, and in compliance with, the principle of subsidiarity, without prejudice to the fact that each Member State remains responsible for the regulation of its own work relationships;
Amendment 92 #
2017/2003(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the need to consider the collaborative economy not only as a business model but also as a new form of integration between the economy and society which is able to embed economic relations within social ones and to create new forms of community; points to the need, however, to distinguish between the various forms of collaborative systems, which can offer services involving donation, exchange, repayment of expenses incurred, and the market, ranging from actual sharing to profit- making activity, and including peer-to- peer collaboration and services provided by professional operators;
Amendment 203 #
2017/2003(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to clarify the collaborative platforms liability regime, which could in order to enhance responsible behaviour by platforms and increase user confidence;
Amendment 273 #
2017/2003(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses, further, the urgent need for collaboration between the competent authorities and collaborative platforms on tax compliance and collection, and asks for the latter to play an active roleto determine the role which collaborative platforms must play in order to ensure tax compliance and collection;
Amendment 280 #
2017/2003(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Encourages the Member States to agree on a uniform set of information that businessepeers, professional service operators, businesses, and collaborative platforms must disclose to tax authorities in the framework of their tax information duties;
Amendment 287 #
2017/2003(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Agrees that functionally similar tax obligations should be applied to businesses providing comparable servicespeers, professional service operators, businesses, and collaborative platforms providing comparable services, whether in the traditional economy or in the sharing economy, and is convinced that taxes should be paid where profits are generated;
Amendment 42 #
2017/0354(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Obstacles to the free movement of goods between Member States may be unlawfully created if, in the absence of Union harmonisation rules covering goods or a certain aspect of goods, a Member State's competent authority applies national rules to goods of that type lawfully marketed in another Member State, requiring the goods to meet certain technical requirements, for example requirements relating to designation, form, size, weight, composition, presentation, labelling or packaging, request for additional testing and/or duplication of tests. The application of such rules to goods lawfully marketed in another Member State could be contrary to Articles 34 and 36 of the Treaty even if the rules apply without distinction to all goods.
Amendment 49 #
2017/0354(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The concept of overriding reasons of public interest is an evolving concept developed by the Court of Justice in its case-law in relation to Articles 34 and 36 of the Treaty. This concept covers, inter alia, the effectiveness of fiscal supervision, the fairness of commercial transactions, protection of consumers, protection of the environment, the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security system. Such overriding reasons, where legitimate differences exist fromare proven by one Member State to another, may justify the application of national rules by the competent authorities. However, such decisions need to be duly justified, the existence of the overriding reason has to be properly proven, and the principle of proportionality must always be respected, regard being had to whether the competent authority has in fact made the least restrictive decision possible. Furthermore, administrative decisions restricting or denying market access in respect of goods lawfully marketed in another Member State must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the Member State in a different way from the way that domestic goods in that Member State fulfil that objective. Member States shall provide a written assessment.
Amendment 60 #
2017/0354(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The evidence required to demonstrate that goods are lawfully marketed in another Member State varies significantly from Member State to Member State. This causes unnecessary burdens delays and additional costs for economic operators, while preventing national authorities from obtaining the information necessary for assessing the goods in a timely manner. This may inhibit application of the mutual recognition principle. It is therefore essential to make it easier for economic operators to demonstrate that their goods are lawfully marketed in another Member State. Economic operators should be able to benefit from a process of self-declaration, which should provide competent authorities with all necessary information on the goods and on their compliance with the rules applicable in that other Member State. The use of the declaration does not prevent national authorities from taking a decision restricting market access, on the condition that such a decision is: a) proportionate and; b) duly justified; c) the reason for denying market access is fully proven; d) it respects the mutual recognition principle and this Regulation.
Amendment 77 #
2017/0354(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Where producers decide not to make use of the mutual recognition declaration mechanism, it should be for the Member State to request the information that it considers necessary for the assessment of the goods, taking due account of the principle of proportionality and without imposing excessive burdens on companies.
Amendment 88 #
2017/0354(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Regulation (EC) No 765/2008 of the European Parliament and of the Council23 establishes a system of accreditation which ensures the mutual acceptance of the level of competence of conformity assessment bodies. The competent authorities of Member States shouldall therefore not refuse test reports and certificates issued by an accredited conformity assessment body on grounds related to the competence of that body. Furthermore, in order to avoid as far as possible the duplication of tests and procedures which have been already carried out in another Member State, Member States shouldall also accept test reports and certificates issued by other conformity assessment bodies in accordance with Union law. Competent authorities should bare required to take due account of the content of the test reports or certificates presented without requesting duplication of testing. _________________ 23 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 100 #
2017/0354(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) It is important for the internal market in goods that businesses, and in particular SMEs, can obtain reliable and specific information about the law in force in a given Member State. Product Contact Points should play an important role in facilitating communication between national authorities and economic operators, by disseminating information about specific product rules and how mutual recognition is applied in their territory. Therefore, it is necessary to enhance the role of Product Contact Points as the principal providers of information on all product-related rules, including national rules covered by mutual recognition. The European Commission should establish and support a dissemination program to the benefit of SMEs in cooperation with Member States and Trade Associations.
Amendment 102 #
2017/0354(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to facilitate the free movement of goods, Product Contact Points should bare required to provide information, free of charge, on their national technical rules and the application of the principle of mutual recognition. Product Contact Points should be adequately equipped and resourced. In accordance with Regulation [Single Digital Gateway – COM(2017)256] they should provide information through a website and be subject to the quality criteria required by that Regulation, and be subject to the quality criteria set out in that Regulation.
Amendment 106 #
2017/0354(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) For the purposes of raising awareness about the mutual recognition principle and ensuring that this Regulation is applied correctly and consistently, the Union should finance awareness-raising campaigns and other related activities aiming at enhancing trust and cooperation between competent authorities, trade associations and economic operators.
Amendment 108 #
2017/0354(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The aim of this regulation is to strengthen the functioning of the internal market by improving the functioning of the mutual recognition principle and by removing unjustified barriers to trade.
Amendment 111 #
2017/0354(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Referred to in point 2, this Regulation does not apply to the construction materials sector referred to the Regulation 2011/305.
Amendment 116 #
2017/0354(COD)
Proposal for a regulation
Article 2 – paragraph 6 – point b a (new)
Article 2 – paragraph 6 – point b a (new)
(ba) construction products.
Amendment 119 #
2017/0354(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) 'legitimate public interest ground' means any of the grounds set out in Article 36 of the Treaty or any other overriding reasons of public interest as defined by the European Court of Justice in its case-law in relation to Article 34and 36 of the Treaty.
Amendment 160 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point a
Article 4 – paragraph 8 – point a
(a) any relevant information concerning the characteristics of the goods or type of goods in question that is necessary for the assessment;
Amendment 164 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) any relevant information on the lawful marketing of the goods in another Member State that is necessary for the assessment;
Amendment 169 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point c
Article 4 – paragraph 8 – point c
(c) any other informatiowhen the competent authority considers useful for the purposes of its assessmentthat additional information is necessary for the purposes of its assessment, such request shall be accompanied by a justification.
Amendment 183 #
2017/0354(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In carrying out assessments under paragraph 1, the competent authorities of Member States shall take due account ofrecognise the content of test reports or certificates issued by a conformity assessment body and provided by any economic operator as part of the assessment. Competent authorities of Member States shall not refuse certificates or test reports issued by a conformity assessment body accredited for the appropriate field of conformity assessment activity in accordance with Regulation (EC) No 765/2008 on grounds related to the competence of that body.
Amendment 186 #
2017/0354(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where, on completion of an assessment under paragraph 1, the competent authority of a Member State takes an administrative decision with respect to the goods, it shall communicate its decision winot later thian 2015 working days to the relevant economic operator referred to in paragraph 1, to the Commission and to the other Member States. Notification to the Commission and to the other Member States shall be done by means of the system referred to in Article 11.
Amendment 195 #
2017/0354(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) the evidence demonstrating that the decision is appropriate for the purpose of achieving the objective pursued and that it does not go beyond what is necessary in order to attain that objective and less trade-restrictive.
Amendment 199 #
2017/0354(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. While the competent authority of a Member State is carrying out an assessment of goods pursuant to Article 5, it shall not temporarily suspend the making available of those goods on the domestic market in that Member State, except in one or the other of the following situations:the situation where under normal or reasonably foreseeable conditions of use, the goods pose a serious risk, including one where the effects are not immediate, which requires rapid intervention by the competent authority.
Amendment 203 #
2017/0354(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 207 #
2017/0354(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 210 #
2017/0354(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The competent authority of the Member State shall immediately notify the relevant economic operator, the Commission and the other Member States of any suspension pursuant to paragraph 1. The notification to the Commission and other Member States shall be made by means of the system referred to in Article 11. In cases falling within point (a) of paragraph 1 of this Article, tThe notification shall be accompanied by a detailed technical or scientific justification demonstrating whythat the case is considered to fall within that pointgoods pose a serious risk.
Amendment 249 #
2017/0354(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. The Union mayshall finance the following activities in support of this Regulation:
Amendment 253 #
2017/0354(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) education and training including trade association and public officials;
Amendment 143 #
2017/0353(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The identification and traceability of products is a necessary prerequisite for verifying whether the compliance requirements laid down by this Regulation are respected.
Amendment 144 #
2017/0353(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Economic operators must always be able to identify their suppliers and downstream operators to whom a particular product has been supplied. Products should therefore bear information enabling them, their manufacturer and, where applicable, their importer to be identified.
Amendment 145 #
2017/0353(COD)
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) As the indication of the country of origin helps to identify the actual place of manufacture, and as such information can facilitate the task of the market surveillance authorities in identifying the actual place of manufacture, the indication of origin should be added to the basic traceability requirements concerning the name and address of the manufacturer.
Amendment 175 #
2017/0353(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It also provides a framework for the market surveillance and traceability of such products to ensure that those products fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, the protection of consumers, information about the country of origin, protection of the environment and security.
Amendment 188 #
2017/0353(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Regulation shall not apply to the construction products subject to the Regulation 2011/305.
Amendment 190 #
2017/0353(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2 a (new)
Article 3 – paragraph 1 – point 2 a (new)
(2a) ‘country of origin’ defined on the basis of the non-preferential origin rules set out in Articles 59 to 61 of Regulation (EEC) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code;
Amendment 232 #
2017/0353(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Conditions for compliance A product may be made available on the market only if the following conditions are met: (a) the product shall be marked with an indication of the country of origin. Where the size or nature of the product does not allow that, the indication may be provided on the packaging or in a document accompanying the product; (b) if the country of origin referred to in Article 3(2) of this Regulation is a Member State of the Union, the indication of the country of origin may be related to the Union or to a particular Member State.
Amendment 236 #
2017/0353(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Where Union harmonisation legislation provides for the drawing up of an EU declaration of conformity, manufacturers shall makmay indicate a website or e-mail address where the EU declaration publicly available on their website or, in the absence of a website, by any other means that allowsof conformity can be obtained. Alternatively, the person responsible for compliance information should make the EU declaration to be readily accessed by the general public in the Uniof conformity available to market surveillance authorities upon free of chargequest.
Amendment 245 #
2017/0353(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Member States shall take the necessary measures to ensure adequate visibility of the contact points for the products referred to in [Regulation(EC) No 764/2008 of the European Parliament and the Council / Regulation (EU)….of the European Parliament and the Council].
Amendment 255 #
2017/0353(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
A market surveillance authority may enter into a partnership arrangement with an economic operator established in its territoryorganisations representing businesses under which the authority agrees to provide the economic operator with advice and guidance in relation to the Union harmonisation legislation applicable to the products for which the economic operator is responsible.
Amendment 262 #
2017/0353(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. A market surveillance authority that enters into a partnership arrangement under paragraph 1 may charge the economic operator fees representing the costs reasonably incurred by the authority in the exercise of its functions under paragraphs 1 and 2not subcontract its work as part of such an arrangement to a notified body or any other conformity assessment body designated pursuant to Union harmonisation legislation.
Amendment 313 #
2017/0353(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point b
Article 12 – paragraph 3 – subparagraph 1 – point b
Amendment 324 #
2017/0353(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Without prejudice to the procedure set out in Union harmonisation legislation for dealing with products presenting a risk at national level, where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non- compliance concerned: (a) the conformity marking has been affixed in violation of the general principles of the CE marking as set out in the applicable Union harmonisation legislation; (b) the conformity marking has not been affixed; (c) the EC declaration of conformity has not been drawn up; (d) the EC declaration of conformity has not been drawn up correctly; (e) technical documentation is either not available or not complete. Where the non-compliance persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the product being made available on the market or ensure that it is recalled or withdrawn from the market.
Amendment 327 #
2017/0353(COD)
Proposal for a regulation
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. Market surveillance authorities shall perform their activities with a high level of transparency and shall make available to the general public any information that they deem relevant for the general public, while observing the principle of confidentiality and proportionality where necessary in order to protect professional and commercial secrets or to preserve personal data. They shall also ensure that the following information is entered in the system referred to in Article 34:
Amendment 371 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point f
Article 14 – paragraph 3 – point f
Amendment 382 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point k
Article 14 – paragraph 3 – point k
(k) the power to prohibit the making available of products on the market or to withdraw, recall or destroy products, wherthe economic operators fail twice to provide the information requested by the market surveillance authority to verify the compliance of those products and while the failure persists; the decision to apply these measures must be notified to the economic operator with 15 days’ notice;
Amendment 437 #
2017/0353(COD)
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. An appropriate appeal procedure should be put in place for decisions of Union testing facilities following their tasks as described in paragraph 4.
Amendment 438 #
2017/0353(COD)
Proposal for a regulation
Article 20 – paragraph 5 b (new)
Article 20 – paragraph 5 b (new)
5b. Union Testing Facilities should refrain from any commercial activities that could enter into competition with conformity assessment bodies.
Amendment 446 #
2017/0353(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. At the request of an applicant authority, the requested authority shall supply any information that the requested authority deems relevant, while observing the principle of confidentiality and proportionality where necessary in order to protect professional and commercial secrets or to preserve personal data, to establish whether a product is non- compliant and to ensure that the non- compliance can be brought to an end.
Amendment 460 #
2017/0353(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. PIn case a product is deemed to be non- compliant on the basis of a decision of a market surveillance authority in one Member State, shall be presumed to bthe Member State ncon-compliant by market surveillance authorities in another Member State, unless economic operators can provide evidence to the contrarycerned should inform the Union Product Compliance Network as referred to in Article 31.
Amendment 488 #
2017/0353(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
Amendment 497 #
2017/0353(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 512 #
2017/0353(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The Commission shall establish separate or joint administrative coordination groups for all the instruments of Union harmonisation legislation listed in the Annex to this Regulation. Each administrative coordination group shall be composed of representatives of the competent national market surveillance authorities and, if appropriate, representatives of the single liaison offices, and representatives of the relevant business associations and of consumer associations. The Commission shall publish on its website the agendas and calendar of meetings of the administrative coordination groups.
Amendment 522 #
2017/0353(COD)
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. The following procedure should be followed when common approaches as specified in point (h) of Article 33(3) are discussed and agreed upon by the administrative coordination groups: (a) before administrative coordination groups discuss and agree upon common approaches, relevant business associations and the manufacturer concerned should have the possibility to submit comments. (b) the Commission shall inform relevant business associations of common approaches agreed upon by administrative coordination groups.
Amendment 531 #
2017/0353(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Commission may exchange confidential market surveillance related information with regulatory authorities of third countries or international organisations where it has concluded confidentiality arrangements based on reciprocity with those authorities or organisations, while observing the principle of confidentiality and proportionality where necessary in order to protect professional and commercial secrets or to preserve personal data, to establish whether a product is non- compliant and to ensure that the non- compliance can be brought to an end.
Amendment 564 #
2017/0353(COD)
Proposal for a regulation
Annex I – point 42
Annex I – point 42
Amendment 45 #
2017/0328(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No 726/2004
Article 71a
Article 71a
The Agency shall have its seat in Amsterdam, the Netherlands. a city of the European Union that meets the following criteria: 1. the assurance that, at the time when the United Kingdom leaves the EU, the agency will remain operational in a suitable location, ensuring that its activities are not disrupted; 2. accessibility of the location; 3. schools for the children of the agency staff; 4. access to the labour market and health care for employees' spouses and children; 5. the assurance of operational continuity, given the need to protect the health and safety of EU citizens; Its headquarters shall be selected under the ordinary legislative procedure pursuant to Articles 114 and 168(4)(b) TFEU.
Amendment 47 #
2017/0328(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No 726/2004
Article 71a
Article 71a
The Agency shall have its seat in Amsterdam, the NetherlandsMilan, Italy.
Amendment 108 #
2017/0085(COD)
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should apply to all workers who have employment contracts or other employment relationships, including self-employed persons. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency.
Amendment 183 #
2017/0085(COD)
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leave. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 319 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) "“carer"” means a worker providing personal care or support in case ofperson who provides care to someone with a serious illness, disability, or dependency of a relativer care need, outside a professional or formal framework;
Amendment 326 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) “carers’ leave” means leave from work for a carer on the grounds of the need to provide care to someone with a serious illness, disability, or dependency or care need, outside a professional or formal framework.
Amendment 367 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child.
Amendment 474 #
2017/0085(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that all workers, regardless of gender and including the self-employed, have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.
Amendment 516 #
2017/0085(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave´.
Amendment 32 #
2016/2057(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the report approved by the Committee on the Environment, Public Health and Food Safety and by the European Parliament on the amendment of the Regulation 726/2004;
Amendment 196 #
2016/2057(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that patients' organisations should be better involved in the definition of private and public clinical trials research strategies, to ensure that they meet the true unmet needs of European patients;
Amendment 236 #
2016/2057(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that mostnew medicines are not examples of genubringineg innovation, but often ‘me-too’ or ‘evergreening’ products, which are permitted notably by complementary patent extenssufficient added clinical value do not provide genuine innovations;
Amendment 276 #
2016/2057(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that most national assessment agencies are already using clinical, economic and social benefit criteria to assess new drugs in terms of pricing and reimbursement and stresses the importance of increasing collaboration among Member States in the field of pricing and reimbursement of medicinal products to ensure sustainability of healthcare systems and preserve the rights of European citizens to access quality healthcare;
Amendment 282 #
2016/2057(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recognises that pricing and reimbursement of medicinal products are competences of Member States;
Amendment 356 #
2016/2057(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Highlights the role of the European Union in monitoring and providing guidance on economic policies within the framework of the European Semester, and welcomes the production of country-specific recommendations in the field of healthcare sustainability;
Amendment 383 #
2016/2057(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for EU-wide measures on the pharmaceutical market to reinforce the negotiation capacities of Member States in order to achieve fair prices forensure fast and equitable access to innovative medicines;
Amendment 393 #
2016/2057(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to promote R&D driven by patients’ needs, while fostering social responsibility in the pharmaceutical sector, by setting up an EU public platform for R&D funded by contributions from profits made by the pharmaceutical industry through sales to public health systems; calls for transparency on the costs of R&Dinvolve patients and their organisations in the definition of research priorities of all its programmes related to health, to promote R&D driven by patients' need;
Amendment 421 #
2016/2057(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on EU Member States and the pharmaceutical industry to increase transparency on the process of pricing and reimbursement of pharmaceutical products, including the costs of R&D;
Amendment 442 #
2016/2057(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to reviewupdate the regulatory framework for orphan medicines, to define clearly the concept of unmet medical needs, to assess the impact of incentives to develop effective, safe and affordable drugsprovide guidance on priority unmet medical needs, and to review existing incentives schemes to facilitate the development of effective, safe and affordable drugs for rare diseases, including rare cancers, compared to the best available alternative and to promote the European register of rare diseases and reference centres;
Amendment 457 #
2016/2057(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to guarantee safety and efficacy in anypromote fast- track approval process and to introduce the concept of conditional authorisation based ones for unmet medical needs, and to introduce transparent and accountable process to monitor safety and effectiveness;
Amendment 491 #
2016/2057(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to propose legislation on a European system for health technology assessment as soon as possible, and to assess added-value medicines compared with the best available alternative; also calls on the Commission to harmonise pricing and reimbursement criteria to take into account the level of innovation and the social and economic cost-benefit analysis, and to put in place a European classification on the added value level of medicines;
Amendment 506 #
2016/2057(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the European Medicines Agency to assess added-value medicines compared with the best available alternative; also calls on the Commission to harmonise pricing and reimbursement criteria to take into account the level of innovation and the social and economic cost-benefit analysis, and to put in place a European classification on the added value level of medicines;
Amendment 522 #
2016/2057(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Council to increase cooperation between the Member States as regards price-setting procedures, in order to share information about prices, reimbursement, negotiation agreements and good practices and to avoid unnecessary administrative requirements and delays, based also on the work of the EURIPID project and existing bilateral and multilateral collaborations;
Amendment 558 #
2016/2057(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission to propose a new directive on transparency of price-setting procedures and reimbursement systems, taking into account the challenges of the marketreview the existing EU Directive 89/105/EEC, and in particular to put in place more solid implementing measures to ensure that Member States abide to the limit of 180 days imposed to them to fix the price of new medicines approved by EMA (Article 6);
Amendment 609 #
2016/2057(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Calls on the European Commission to assess the impact of parallel trade in hampering access to treatments, in view of producing a legislative proposal to control and decrease the phenomenon of parallel trade;
Amendment 14 #
2016/2010(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to monitor the evolving postal sector, including the growth of e-commerce and e-substitution, and to respond where necessary to ensure the sustainability of the USO, including by promoting flexible implementation of Postal Services Directive at local level;
Amendment 44 #
2016/2010(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights that the Alternative Dispute Resolution Directive and the online dispute resolution platform may benefit consumers and businesses in cross-border transactions; calls for further mechanisms for adequate consumer redress in postal services to be introduced, including a collective approach to redress where needed.;
Amendment 259 #
2016/2009(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas the right to be forgotten, in the field of privacy rights, represents a fundamental right that each person has not to see published on the internet contents about himself/herself, in the case these are cause of prejudice;
Amendment 492 #
2016/2009(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that we are assisting to a rise in the disappearances of unaccompanied minors between the age of 15 and 17; who become potential victims of exploitation and trade of human beings, due to the worsening of the migration crisis;
Amendment 708 #
2016/2009(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes with concern that child poverty rates remain high in the EU; eNumber of minors and teenagers, who live in poverty is increasing. Encourages Member States and the EU to launch programmes specifically targeting the well- being and healthy development of children and their social inclusion. Calls for the establishment of policies and programmes aimed at combatting the increasing educational poverty of minors, in order to pursue their social inclusion;
Amendment 849 #
2016/2009(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Notes that active ageing and inter- generational solidarity are important issues with respect to Europe’'s demographic changes; as it represents one of the deepest economic and social transformation that developed countries are facing up with. Calls on Member States to incentivize an increased active participation of elderly people to social and economic initiatives, and to guarantee them an easy access to health services;
Amendment 854 #
2016/2009(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Highlights that discrimination on the basis of age is often combined with other forms of discrimination, such as discrimination on grounds of race and ethnicity, religion, disability, health or socio-economic conditions; Calls on Member States to implement actions aimed at reintegrating elderly people in the community life, in order to combat their isolation;
Amendment 972 #
2016/2009(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Right to be forgotten Calls on the European Union and Member States to safeguard the right to be forgotten, through the urgent adoption of technical and organisational measures which can assure a proper implementation of Article 17 of Regulation (EU) 2016/679 of the European Parliament and the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Amendment 272 #
2016/0224(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The lodging of the application is the act that formalises the application for international protection. The applicant should be given the necessary information as to how and where to lodge his or her application and he or she should be given an effective opportunity to do so. At this stage he or she is requirebound to submit all the elements at his or her disposal needed to substantiate and complete the application. The time-limit for the administrative procedure starts to run from the moment an application is lodged. At that time, the applicant should be given a document which certifies his or her status as an applicant, and which should be valid for the duration of the his or her right to remain on the territory of the Member State responsible for examining the application.
Amendment 311 #
2016/0224(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Before determining the Member State responsible in accordance with Regulation (EU) No XXX/XXX of the European Parliament and of the Council (Dublin Regulation),29 the first Member State in which an application has been lodged shouldmight examine the admissibility of that application when a country which is not a Member State is considered as a first country of asylum or safe third country for the applicant. In addition, an application should be considered to be inadmissible when it is a subsequent applicant without new relevant elements or findings and when a separate application by a spouse, partner, dependent adult or minor is not considered to be justified. _________________ 29 OJ L […], […], p. […].
Amendment 338 #
2016/0224(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Many applications for international protection are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to provide for an examination on admissibility or an examination on the merits which would make it possible for such applications to be decided upon at those locations in well- defined circumstances. The border procedure should not take longer than fourtwo weeks and after that period applicants should be allowed entry to the territory of the Member State. It is only where a disproportionate number of applicants lodge their applications at the borders or in a transit zone, that the border procedure may be applied at locations in proximity to the border or transit zone. A border procedure may be applied to unaccompanied minors only within the limited circumstances set out in this Regulation.
Amendment 573 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. The applicant shall be bound to cooperate with the responsible authorities for them to establish his or her identity as well as to register, enable the lodging of and examine the application by:
Amendment 849 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
The responsible authorities shall, as soon as possible and not later than five working days from the moment when an unaccompanied minor makedisembarks ain applicatthe territory of the European Union, appoint a person or an organisation as a guardian.
Amendment 854 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 2
Article 22 – paragraph 1 – subparagraph 2
Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out the duties of a guardian, in respect of the unaccompanied minor, in accordance with this Regulation.
Amendment 866 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, which would render him or her unable to perform his or her tasks effectively, and in any case of no more than 20.
Amendment 872 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 2 a (new)
Article 22 – paragraph 5 – subparagraph 2 a (new)
The responsible entities or persons shall assess the performance of the guardian within the first month after his/her appointment, and regularly thereafter.
Amendment 936 #
2016/0224(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 a (new)
Article 27 – paragraph 1 – subparagraph 1 a (new)
The determining Member State shall conduct a thorough security verification of each applicant as soon as possible following the registration of an application.
Amendment 955 #
2016/0224(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Where there is a disproportionate number of third-country nationals or stateless persons that apply simultaneously for international protection, making it difficult in practice to enable the application to be lodged within the time- limit established in paragraph 1, the responsible authority shall give the applicant an effective opportunity to lodge his or her application not later than one monthtwo weeks from the date when the application is registered.
Amendment 957 #
2016/0224(COD)
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
When lodging an application, applicants are required toshall submit all the elements referred to in Article 4(1) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. He or she shall cooperate with the determining authority and shall remain present and available throughout the procedure. Following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.
Amendment 1227 #
2016/0224(COD)
(aa) the applicant may, for serious reasons, be considered a danger to the national security or public order of the Member States;
Amendment 1243 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point f
Article 40 – paragraph 1 – point f
Amendment 123 #
2016/0223(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonised, taking into account the juridical differences between the refugee status and the subsidiary protection status.
Amendment 134 #
2016/0223(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of rights is available for those persrefugees and beneficiaries of subsidiary protections in all Member States.
Amendment 156 #
2016/0223(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The resources of the Asylum, Migration and RefugeeIntegration Fund should be used to provide adequate support to Member States’ efforts in implementing the standards set by the Regulation, in particularwith priority to those Member States which are faced with specific and disproportionate pressure on their asylum systems, due in particular to their geographical or demographic situation. Such support should be limited to the Asylum, Migration and Integration Fund in line with the general principle of no double funding.
Amendment 186 #
2016/0223(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Internal protection against persecution or serious harm should be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to, gain admittance to and can reasonably be expected to settle. The assessment of whether such internal protection exists should be an inherentmight form part of the assessment the application for international protection and should be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection should fall on the determining authority. However, the applicant should collaborate with the determining authority in order to establish whether the conditions for internal protection are satisfied in a part of his/her country of origin.
Amendment 189 #
2016/0223(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) The assessment of the best interests of the child should be the primary consideration of the relevant authorities when assessing the conditions for internal protection in the case of minors.
Amendment 224 #
2016/0223(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38 a) In order to avoid abuses, Member States should assess whether the marriage between a beneficiary of international protection and his or her spouse is the result of an authentic relationship.
Amendment 227 #
2016/0223(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when the residence permit has to be renewed, for the first time in the case of refugees, and for the first and second time in the case of beneficiaries of subsidiary protection, as well as when a significant relevant change in the beneficiaries' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation37 . _________________ 37 COM(2016)271 final.
Amendment 249 #
2016/0223(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In order to discourage secondary movements within the European Union, the Long Term Residence Directive 2003/109/EC should be amended to provide that the 5-year period after which beneficiaries of international protection are eligible for the Long Term Resident status should be restarted each time the person is found in a Member State, other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant Union or national law. This should be without prejudice of the possibility for the beneficiary of international protection to provide the relevant authority with admissible justifications.
Amendment 254 #
2016/0223(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45 a) In the event that the situation of a beneficiary of international protection or an applicant for international protection fulfil the conditions set out in Art 33(2) of the Geneva Convention, Member States should enjoy the discretion whether to return the person to his/her country of origin, in full respect of the European Charter of Fundamental Rights, in particular Article 4 and Article 19 (2).
Amendment 346 #
2016/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The determining authority shall consider it the duty of the applicant shallto submit all the elements available to him or her whichs soon as possible all the elements needed to substantiate the application for international protection. He or she shall cooperate with the determining authority andIn cooperation with the applicant, it is the duty of the determining authority to assess the relevant elements of the application. The applicant shall remain present and available throughout the procedure.
Amendment 374 #
2016/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. When examining an application for international protection the determining authority shall assess whether the applicant has deliberately behaved in a way that would determine his/her persecution in the country of origin, for the sole or main purpose of creating the necessary conditions for applying for international protection.
Amendment 379 #
2016/0223(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Without prejudice to the Geneva Convention and the European Convention on Human Rights, an applicant who files a subsequent application in accordance with Article 42 of Regulation (EU)XXX/XXX [Procedures regulation] shall not normally be granted refugee status or subsidiary protection status if the risk of persecution or the serious harm is based on circumstances which the applicant has created by his or her own decision since leaving the country of origin for the sole and main purpose of being granted international protection.
Amendment 413 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The assessment of the availability of internal protection shallmay be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection shall rest on the determining authority. THowever, the applicant shall not be required to prove that, before seekingcollaborate with the determining authority in order to establish whether the conditions for international protection, he or she has exhausted all possibilities to obtain protection in his or are satisfied in a part of his/her country of origin.
Amendment 421 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Any decision not to provide international protection to a minor, whether accompanied or not, based on the availability of internal protection, shall be preceded by a formal best interests determination procedure. Where the applicant is an unaccompanied minor, the availability of appropriate care, custodial arrangements and durable solutions for his or her development should be part of the assessment of whether the protection is effectively guaranteed within the individuated area.
Amendment 456 #
2016/0223(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Points (e) and (f) shall not apply to a refugee who is able to invokedemonstrate the existence of compelling reasons arising out of previous persecution for refusing to avail himself or herself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence.
Amendment 477 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – introductory part
Article 12 – paragraph 5 – introductory part
5. For the purposes of points (b) and (c) of paragraph 2, the following aspects shall be classified as serious non-political crimesonsidered of particular importance by the determining authority during the individual assessment:
Amendment 480 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point a
Article 12 – paragraph 5 – point a
(a) particularly cruel actions when the act in question is disproportionate to the alleged political objective,ipation in the activities of a terrorist group even though it is not established that the person concerned committed, attempted to commit or threatened to commit a terrorist act as defined in the resolutions of the United Nations Security Council;
Amendment 485 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political objective.a conviction by the Courts of a Member State on a charge of participation in the activities of a terrorist group; or
Amendment 487 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point b a (new)
Article 12 – paragraph 5 – point b a (new)
(ba) membership of the leadership of a terrorist group.
Amendment 502 #
2016/0223(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) he or she, having been convicted by a final judgment of a particularly serious crime with reference to offences listed in Article 2(2) of Framework Decision 2002/584/JHA, constitutes a danger to the community of the Member State in which he or she is present;
Amendment 519 #
2016/0223(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Decisions of the determining authority revoking, ending or refusing to renewwithdrawing refugee status pursuant to point (a) of paragraph 1 shall only take effect threone months after the decision is adopted, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law.
Amendment 526 #
2016/0223(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
In order to apply Article 14(1), the determining authority shall review the refugee status in particular where: :
Amendment 532 #
2016/0223(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) where Union level country of origin information and common analysis of country of origin information as referred in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant;
Amendment 536 #
2016/0223(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 559 #
2016/0223(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Paragraph 1 shall not apply to a beneficiary of subsidiary protection status who is able to invokedemonstrate the existence of compelling reasons arising out of previous serious harm for refusing to avail himself or herself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence.
Amendment 590 #
2016/0223(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Decisions of the determining authority revoking, ending or refusing to renewwithdrawing subsidiary protection status pursuant to paragraph 1 (a) shall only take effect threone months after the decision is taken, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law.
Amendment 596 #
2016/0223(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
In order to apply Article 20(1), the determining authority shall review the subsidiary protection status in particular where:
Amendment 601 #
2016/0223(COD)
Proposal for a regulation
Article 21 – paragraph a
Article 21 – paragraph a
(a) where Union level country of origin information and common analysis of country of origin information as referred in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum ] indicate a significant change in the country of origin which is relevant for the protection needs of the applicant,
Amendment 604 #
2016/0223(COD)
Proposal for a regulation
Article 21 – paragraph b
Article 21 – paragraph b
Amendment 615 #
2016/0223(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. When applying the provisions of this Chapter that involve minors the best interests of the child shall be athe primary consideration to the relevant authorities.
Amendment 638 #
2016/0223(COD)
Proposal for a regulation
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3a. No residence permit shall be issued for a spouse of a beneficiary of international protection where the competent authority assesses that there are sufficient evidences to consider that his/her relationship with the refugee or the beneficiary of subsidiary protection is the result of a forced marriage or an arranged marriage.
Amendment 740 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1
Article 36 – paragraph 1 – subparagraph 1
Amendment 744 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The appointed guardian shall have the duty of ensuring that the minor can access all rights stemming from this Regulation. The appropriatresponsible authorities shall regularly assess the performance of the appointed guardian within the first month after his/her appointment, and then regulardianly.
Amendment 783 #
2016/0223(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
Directive 2003/109/EU
Article 4 paragraph 3 a
Article 4 paragraph 3 a
3a. Where a beneficiary of international protection is found in a Member State, other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant Union or national law, the period of legal stay preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1, unless he or she demonstrates that the reason for the movement was due to circumstances beyond his/her control.
Amendment 59 #
2016/0222(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Reception conditions continue to vary considerably between Member States both in terms of how the reception system is organised and in terms of the standards provided to applicants. The persistent problems in ensuring adherence to the reception standards required for a dignifiedppropriate treatment of applicants in some Member States has contributed to a disproportionate burden falling on a few Member States with generally high reception standards which are then under pressure to reduce their standards. More equal reception standards set at an appropriate level across all Member States will contribute to a more dignified treatment and fairer distribution of applicants across the EU.
Amendment 69 #
2016/0222(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Standard conditions for the reception of applicants that will suffice to ensure them a dignifiedn adequate standard of living and comparable living conditions in all Member States should be laid down. The harmonisation of conditions for the reception of applicants should help to limit the secondary movements of applicants influenced by the variety of conditions for their reception.
Amendment 95 #
2016/0222(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection, particularly in accordance with the international legal obligations of the Member States and with Article 31 of the Geneva Convention. Applicants may be detained only under the very clearly defined exceptional circumstances laid down in this Directive and subject to the principle of necessity and proportionality with regard to both the manner and the purpose of such detention. Detention of applicants pursuant to this Directive should only be ordered in writing by judicial or administrative authorities stating the reasons on which it is based, including in the cases where the person is already detained when making the application for international protection. Where an applicant is held in detention he or she should have effective access to the necessary procedural guarantees, such as judicial remedy before a national judicial authority.
Amendment 113 #
2016/0222(COD)
Proposal for a directive
Recital 34
Recital 34
(34) In order to promote the self- sufficiency of applicants and to limit wide discrepancies between Member States, it is essential to provide clear rules on the applicants’ access to the labour market ð and to ensure that such access is effective, by not imposing conditions that effectively hinder an applicant from seeking employment. Labour market tests used to give priority to nationals or to other Union citizens or to third country nationals legally resident in the Member State concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice, save for the possibility of the Member State concerned giving priority to nationals or to othe principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accessionr Union citizens.
Amendment 120 #
2016/0222(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits. In order to increase integration prospects and self-sufficiency of applicants, earlier access to the labour market, including by involving the applicant in a socially- beneficial activity, is encouraged where the application is likely to be well-founded, including when its examination has been prioritised in accordance with Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well-founded. Member States should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied.
Amendment 134 #
2016/0222(COD)
Proposal for a directive
Recital 42
Recital 42
(42) In order to restrict the possibility of abuse of the reception system, Member States should be able to provide material reception conditions only to the extent applicants do not have sufficient means to provide for themselves. When assessing the resources of an applicant and requiring an applicant to cover or contribute to the material reception conditions, Member States should observe the principle of proportionality and take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Applicants should not be required to cover or contribute to the costs of their necessary health care. The possibility of abuse of the reception system should also be restricted by specifying the circumstances in which accommodation, food, clothing and other essential non-food items provided in the form of financial allowances or vouchers may be replaced with reception conditions provided in kind and the circumstances in which the daily allowance may be reduced or withdrawn while at the same time ensuring a dignifiedn adequate standard of living for all applicants.
Amendment 259 #
2016/0222(COD)
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 261 #
2016/0222(COD)
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Minors shall not be detained only as a measure of last resort and after it having been established that other less coercive alternative measure; Member States shall instead accommodate minors cannot be applied effectively. Such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minorsd families with minors in non- custodial, community-based placements while their immigration status is processed.
Amendment 300 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Member States shall ensure that applicants have access to the labour market no later than 63 months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.
Amendment 310 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
For reasons of labour market policies, and especially regarding youth unemployment levels, Member States may verify whether a vacancy could be filled, through preferential access, by nationals of the Member State concerned or by other Union citizens, or by third-country nationals lawfully residing in that Member State.
Amendment 345 #
2016/0222(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Language courses and civic orientation courses Member States shall provide applicants effective access to language courses and civic education courses free of charge from the date when the application for international protection was made. However, Member States may require applicants to cover or contribute to the cost of such courses in accordance with the conditions set out in Article 16(4) and (5).
Amendment 357 #
2016/0222(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
Member States may require applicants to cover or contribute to the cost of the material reception conditions provided for in paragraph 3, if the applicants have sufficient resources, for example if they have been working for a reasonable period of time. Should the applicants not have sufficient resources, the competent national authorities, in agreement with local authorities, may facilitate the employment of applicants for international protection, on a voluntary basis, in socially-beneficial activities geared to the specific requirements of the host territorial communities.
Amendment 402 #
2016/0222(COD)
Proposal for a directive
Article 17a – paragraph 2
Article 17a – paragraph 2
2. Member States shall ensure a dignifiedn adequate standard of living for all applicants.
Amendment 443 #
2016/0222(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Decisions for replacement, reduction or withdrawal of material reception conditions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given. Decisions shall be based on the particular situation of the person concerned, especially with regard to applicants with special reception needs , taking into account the principle of proportionality. Member States shall under all circumstances ensure access to health care in accordance with Article 18 and shall ensure a dignifiedn adequate standard of living for all applicants.
Amendment 484 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall as soon as possibleimmediately, and no later than five working days from the moment when an unaccompanied minor makes an application for international protectionarrival on EU territory of an unaccompanied minor, take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary expertise to that end and shall not have a verified record of criminal offences, and in particular child- related crimes or offences . The competent authorities shall regularly monitor the criminal record of the guardian, following his/her appointment, with a view to checking for anything incongruous with their role. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians .
Amendment 492 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Member States shall ensure that a guardian is not placed in charge of a disproportionan acceptable and limited number of unaccompanied minors at the same time that would render him or her unable to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring, within the first month of the guardian being appointed, and then at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian.
Amendment 537 #
2016/0222(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
By [threone years after the entry into force of this Directive] at the latest, and at least every fivthree years thereafter, the Commission shall present a report to the European Parliament and the Council on the application of this Directive and shall propose any amendments that are necessary.
Amendment 538 #
2016/0222(COD)
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
Member States shall at the request of the Commission send the necessary information for drawing up the report by [two yearsix months after the entry into force of this Directive] and every fivetwo years thereafter .
Amendment 252 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The daily proportion of television advertising spots and teleshopping spots within the period between 7:00 and 23:00per day shall not exceed 20 %.
Amendment 121 #
2016/0133(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Such a method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, on behalf of the European Union, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection.
Amendment 129 #
2016/0133(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annuallyevery six months, as well as the reference key based on Eurostat data. The European Agency for Asylum should handle the transfers of applicants requesting international protection from one Member State to another in all the cases provided for by this Regulation.
Amendment 146 #
2016/0133(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to prevent that applicants with inadmissible claims or who are likely not to be in need of international protection, or who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first lodged verifies the admissibility of the claim in relation to the first country of asylum and safe third country, examines in accelerated procedures applications made by applicants coming from a safe country of origin designated on the EU list, as well asexamines in accelerated procedures applications made by applicants presenting security concerns.
Amendment 160 #
2016/0133(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be ththe absence of a family member or a relative, unaccompanied minors should not, as general rule, be transferred among Member States. Their application should be therefore examined by the Member State where the unaccompanied minor first has lodged his or her application for international protection,is present after having lodged an application, if provisions at Article 19 are not applicable and unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his/her best interests by staff with the necessary qualifications and expertise.
Amendment 175 #
2016/0133(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of some of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.
Amendment 180 #
2016/0133(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to reduce the administrative requirements and make effective use of common resources the European Union Agency for Asylum should develop suitable information material on the CEAS, in close cooperation with the national authorities. The information material developed by the Agency should be translated and made available in languages which the asylum seekers understand or are reasonably supposed to understand. In order to avoid that information on the functioning of the CEAS are improperly used, they should be provided just to asylum seekers, once they have already reached the territory of the Union.
Amendment 207 #
2016/0133(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism. The national competent authorities of the Member State should be entitled to consult the information linked to the unique application number for security reasons.
Amendment 226 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) A key based on the size of the population and of the economy of the Member States, on their level of unemployment, on their expenditure linked to migration and on the number of beneficiaries of international protection who are in their territory should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 1500% of the figure identified in the reference key. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.
Amendment 232 #
2016/0133(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) In order to ensure that Member States that have not in recent years been among the main destination countries for applicants for international protection have sufficient time to build up their reception capacity, the corrective allocation mechanism should enable a gradual transition from the current situation to a situation with a more fair distribution of responsibilities under the corrective allocation mechanism. The transitional system should create a baseline key based on the average relative numbers of historically lodged applications for international protection in Member States and then transition from this "status quo" model towards a fair distribution by calculating the reference number for each Member State during the transitional period on the basis of a combination between the baseline key and the reference key referred to in Article 35.
Amendment 241 #
2016/0133(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) It would be an asset to ensure that applicants who wish to be transferred together can register and be transferred under the corrective allocation mechanism as a group to one Member State. In order to allow for the smooth and practical application the relocation system should be based on transfer lists of 15 applicants per list.
Amendment 260 #
2016/0133(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In accordance with Commission Regulation (EC) No 1560/200322 , transfers to the Member State responsible for examining an application for international protection may be carried out on a voluntary basis, by supervised departure or under escort. Member States should promote voluntary transfers by providing adequate information to the applicant and should ensure that supervised or escorted transfers are undertaken in a humane manner, in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child and taking utmost account of developments in the relevant case law, in particular as regards transfers on humanitarian grounds. The European Union Agency for Asylum should play a key role in guaranteeing that transfers are duly carried out, especially when they are on a voluntary basis. _________________ 22 OJ L 222, 5.9.2003, p. 3.
Amendment 270 #
2016/0133(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The examination procedure should be used for the adoption of a common leaflet on Dublin/Eurodac, as well as a specific leaflet for unaccompanied minors; of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent personsthe modalities and periodicity for providing applicants with information on the status of the procedure; of rules on the qualifications of and training for guardians and the modalities for their engagement with other actors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of standard operating procedures for cross-border cooperation among Member States regarding the assessment of the best interests of the child, family tracing and the identification of family members, siblings, relatives or any other family relations of an unaccompanied minor and for assessing the capacity of a relative to take care of an unaccompanied minor; of uniform conditions on the preparation and submission of take charge requests and take back notifications ; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of rules concerning the modalities for the handover from guardian to guardian in the case of transfers; of uniform conditions and practical arrangements for the exchange of information on a person’'s health data before a transfer, and of secure electronic transmission channels for the transmission of requests..
Amendment 306 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 312 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 3
Article 2 – paragraph 1 – point g – indent 3
- when the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 352 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, on behalf of the European Union, which shall be the one which the criteria set out in Chapter III indicate is responsible.
Amendment 357 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was lodged shall be responsible for examining it. This provision shall not be applied in those cases in which the first Member State where the application for international protection was lodged is a benefitting State in accordance to Article 34.
Amendment 373 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b – introductory part
Article 3 – paragraph 3 – point b – introductory part
(b) examine the application in accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU when the following grounds apply applies as referred in Article 3 (3) - point b - point ii:
Amendment 421 #
2016/0133(COD)
3. The applicant shall not be entitled to the reception conditions set out in Articles 14 to 196(6) of Directive 2013/33/EU, with the exception of emergency health care, during the procedures under this Regulation in any Member State other than the one in which he or she is required to be present.
Amendment 441 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) that a Member State may decide to apply the discretionary clauses under Article 19 , as well as of the specific modalities relating to this procedure;
Amendment 452 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) of the possibility to challenge a transfer decision within 710 days after notification and of the fact that this challenge shall be limited to an assessment of whether Articles 3(2) in relation to the existence of a risk of inhuman or degrading treatment or Articles 10 to 13 and 18 are infringed upon ;
Amendment 485 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate and, when the applicant is a minor, in a child-friendly manner. Where necessary, Member States shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 491 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information provided in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/or the guardian, the legal advisor or other counsellor who is representing the applicant have timely access to the summary as soon as possible after the interview, and in any case before a transfer decision is taken.
Amendment 500 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Each Member State where an unaccompanied minor is obliged to be present shall ensure that a representativeguardian represents and/or assists the unaccompanied minor with respect to the relevantall procedures provided for in this Regulation. The representativeguardian shall have the qualifications and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representativea guardian shall have access to the content of the relevant documents in the applicant’'s file including the specific leaflet for unaccompanied minorsinformation materials for unaccompanied minors. The guardian shall be appointed no later than five days from the moment when an unaccompanied minor arrives in the Member State.
Amendment 508 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the minor’s well-being and social development, taking into particular consideration his or her ethnic, religious, cultural and linguistic background and the need for stability and continuity in the minor's care and custodial arrangements and access to health and education services;
Amendment 510 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of human traffickingany form of violence and exploitation, including trafficking in human beings;
Amendment 512 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) situations of vulnerability, including trauma, specific health needs and disability
Amendment 516 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point d – point i (new)
Article 8 – paragraph 3 – point d – point i (new)
i) the need for decisions concerning children to be treated with priority
Amendment 554 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, and if no Member State has accepted under Article 19 to examine the application becoming the Member State responsible, the Member State responsible shall be thate one where the unaccompanied minor first has lodged his or herminor is present after having lodged an application for international protection, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 575 #
2016/0133(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where the applicant is in possession of a valid residence document or a residence document which has expired less than two years before lodging the first application , the Member State which issued the document shall be responsible for examining the application for international protection.
Amendment 580 #
2016/0133(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the applicant is in possession of a valid visa or a visa expired less than six months before lodging the first application , the Member State which issued the visa shall be responsible for examining the application for international protection, unless the visa was issued on behalf of another Member State under a representation arrangement as provided for in Article 8 of Regulation (EC) No 810/2009 of the European Parliament and of the Council25 . In such a case, the represented Member State shall be responsible for examining the application for international protection. _________________ 25 Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas (OJ L 243, 15.9.2009, p. 1).
Amendment 589 #
2016/0133(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) of this Regulation, including the data referred to in Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come from a third country, the Member State thus entered shall be responsible, on behalf of the European Union, for examining the application for international protection. That responsibility shall cease 12 months after the date on which the irregular border crossing took place.
Amendment 728 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall provide for a period of 710 days after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.
Amendment 738 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph new6
Article 28 – paragraph new6
new6. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation for minor applicants and, where necessary, to linguistic assistance at all stages of the procedures provided for in this Regulation.
Amendment 755 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Because of measures taken to counteract absconding, the cost of detention in certain Member States is very high. The European Union Agency for Asylum and the AMIF shall provide the financial aid and resources necessary to ensure effective detention without placing too heavy a burden on public funds.
Amendment 757 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1 a (new)
Article 29 – paragraph 3 – subparagraph 1 a (new)
Minors shall not be detained; Member States shall instead accommodate minors and families with minors in non- custodial, community-based placements while their immigration status is processed.
Amendment 767 #
2016/0133(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
newThe transfer of the applicant or of another person as referred to in Article 20(1)(c), (d) or (e) from the requesting Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within four weeks from the final transfer decision . Especially when the transfer to the Member State responsible is carried out on a voluntary basis, the European Union Agency for Asylum shall play a key role in assuring that the applicant is effectively transferred.
Amendment 833 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) the unemployment rate
Amendment 839 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b b (new)
Article 35 – paragraph 2 – point b b (new)
(bb) the percentage of expenditure linked to migration when compared to the overall GDP
Amendment 842 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b c (new)
Article 35 – paragraph 2 – point b c (new)
(bc) the number of beneficiaries of international protection who are present in the territory of the Member State
Amendment 1003 #
2016/0133(COD)
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
By way of derogation from Article 35 the reference key for the corrective allocation shall be calculated using the formula in Annex Ia during the first three years following the entry into force of this Regulation.
Amendment 1015 #
Amendment 1017 #
2016/0133(COD)
Proposal for a regulation
Annex I – paragraph 2 b (new)
Annex I – paragraph 2 b (new)
Percentage of expenditure linked to migration when compared to the overall GDP effectMS
Amendment 1018 #
2016/0133(COD)
Proposal for a regulation
Annex I – paragraph 2 c (new)
Annex I – paragraph 2 c (new)
Number of beneficiaries of international protection present in the territory effectMS
Amendment 1019 #
2016/0133(COD)
Proposal for a regulation
Annex I – paragraph 3
Annex I – paragraph 3
ShareMS = 50% Population effectMS + 50% GDP effectMS + Unemployment rate effectMS + Percentage of expenditure linked to migration when compared to the overall GDP effectMS + Number of beneficiaries of international protection present in the territory effectMS
Amendment 1021 #
2016/0133(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Transitional arrangements for the calculation of the reference key in Article 35. 1. For the purpose of the corrective allocation mechanism, the reference number for each Member State shall, during a transitional period as defined in this Annex, be determined by a combination of a baseline key and the reference key referred to in Article 35. 2. The baseline reference key referred to in paragraph 1 shall be calculated by adding the lodged applications, using Eurostat figures, in Member States for the years 2011, 2012, 2013, 2014 and 2016, divided by the total amount of lodged applications within all Member States during that period. 3. The transitional reference key shall be calculated as follows a) from the entry into force until the end of the first calendar year following the entry into force ('year X') the transitional reference key should be the same as the baseline reference key b) in year X+1 the transitional reference key should be composed of 80% of the baseline reference key and 20% of the reference key in Article 35 of this regulation c) in year X+2 the transitional reference key should be composed of 50% of the baseline reference key and 50% of the reference key in Article 35 of this regulation 4. Following the expiration of the period mentioned in point (c) of paragraph 3 the reference key shall be calculated according to the provisions of Article 35.
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 442 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. In order to gain real-time information on the implementation of the CEAS and in order to complement the data and information conveyed by the Member States, EASO shall have access to the meta-data of the relevant Justice and Home affairs data bases, such as Eurodac, VIS and the future Entry-Exit- System, in full compliance with Article 30.
Amendment 502 #
2016/0131(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point i
Article 16 – paragraph 3 – point i
(i) assist Member States in ensuring that all the necessary child rights and child protection safeguards are in place;effectively implemented respecting the best interest of the child:
Amendment 508 #
2016/0131(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Agency shall finance or co- finance the activities set out in paragraph 3 from its budget in accordance with the financial rules applicable to the Agency. The costs incurred by Member States within those activities shall be regarded as incurred in the name and for the account of the Agency.
Amendment 36 #
2016/0089(NLE)
Proposal for a decision
Recital 2
Recital 2
(2) Under Article 4(2) of Decision (EU) 2015/1601, as of 26 September 2016, 54 000 applicants should be relocated from Italy and Greece in the proportions laid down in that Decision (i.e. 12 764 applicants from Italy and 41 236 from Greece) to the territory of other Member States unless by that date, pursuant to Article 4(3), the Commission makes a proposal to allocate them to another beneficiary Member States confronted with an emergency situation characterised by a sudden inflow of persons.
Amendment 37 #
2016/0089(NLE)
Proposal for a decision
Recital 2 a (new)
Recital 2 a (new)
(2a) The relocation programme is not proceeding satisfactorily. According to the Commission progress reports on the relocation mechanism, the numbers of persons actually relocated as at 13 May 2016 stood at 909 (out of a total of 63 302) from Greece and 591 (out of a total of 34 953) from Italy.
Amendment 44 #
2016/0089(NLE)
Proposal for a decision
Recital 4 a (new)
Recital 4 a (new)
(4a) The agreement between the Union and Turkey has proved particularly effective and served largely to contain migration in the Aegean Sea region, this being the reason for the sharp fall in the number of arrivals in Greece. Precisely because of the success of the agreement, refugees might use new routes, in particular the central Mediterranean route to Italy, concerning which the UNHCR reports a 42.5% increase in migrants arriving via Libya compared with the corresponding period in 2015. The number of places required in order to relocate asylum-seekers in Italy is therefore likely to remain high.
Amendment 49 #
2016/0089(NLE)
Proposal for a decision
Recital 5
Recital 5
(5) Resettlement, humanitarian admission, or other forms of legal admission from Turkey under national and multilateral schemes can be expected to relieve the migratory pressure on Member States which are beneficiaries of relocation under Decision (EU) 2015/1601, and on Greece in particular, by providing a legal and safe pathway to enter the Union and by discouraging irregular entries. Therefore, the solidarity efforts of Member States consisting in admitting to their territory Syrian nationals present in Turkey who are in clear need of international protection should be taken into account in relation to the 54 000 applicants for international protection referred to above. The number of persons so admitted from Turkey by a Member State should be deducted from the number of persons to be relocated to that Member State under Decision (EU) 2015/1601 in relation to those 54 000 applicantsonly to the 41 236 applicants who should have been relocated from Greece.
Amendment 69 #
2016/0089(NLE)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
Council Decision (EU) 2015/1601
Article 4 – paragraph 3 a – subparagraph 1
Article 4 – paragraph 3 a – subparagraph 1
3a. In relation to the relocation of applicants referred to in point (c) of paragraph 1, but only of the quota for Greece, the admission by Member States to their territory of Syrian nationals present in Turkey under national or multilateral legal admission schemes for persons in clear need of international protection other than the resettlement scheme which was the subject of the Conclusions of the Representatives of the Governments of the Member States meeting within the Council of 20 July 2015 shall lead to a corresponding reduction of the obligation of the respective Member State.
Amendment 3 #
2015/2342(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. whereas the humanitarian crisis affecting more than 65.3 million ‘displaced’ persons1 means that the distinction between people in need of international protection and migrants is becoming increasingly difficult to draw; whereas, however, that distinction needs to be made so that those entitled to international protection may be shown genuine solidarity and those who are not may be repatriated; _________________ 1 1 http://www.unhcr.org/news/latest/2016/6/5 763b65a4/global-forced-displacement-hits- record-high.html
Amendment 36 #
2015/2342(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Voices its support for the Emergency Trust Fund for Africa and the new Migration Partnership Framework with a view to promoting the development of African countries and tackling the root causes of emigration;
Amendment 51 #
2015/2342(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission, in the context of EU external action, to negotiate new readmission agreements, in particular with African countries;
Amendment 67 #
2015/2342(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to work together with Member States to promote campaigns in countries of origin and transit to raise awareness of the risks surrounding child migration and the risk of exploitation by organised criminal groups;
Amendment 74 #
2015/2342(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 109 #
2015/2342(INI)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 129 #
2015/2342(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that the EU is the world's most generous humanitarian and development assistance donor and that it should make the disbursement of its own monies for international cooperation projects for developing countries conditional on full and genuine cooperation by those countries in efforts to control outward migration and repatriate migrants who are denied political asylum or other forms of international protection;
Amendment 141 #
2015/2342(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for the EU to provide support for the training of authorities responsible for border controls in neighbouring third countries, in particular those through which the main migrant flows pass on their way to Europe;
Amendment 143 #
2015/2342(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the EU to help improve conditions in the refugee camps in Jordan and Lebanon, which are currently home to more than 1 800 000 refugees;
Amendment 59 #
2015/2287(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that the use of trilogues is not consistent withhas become an effective way to reach consensus between the co-legislators and to speed up the legislative procedure laid down in the Treaty and; notes that conciliation committees maycan therefore be used only at third reading as a last resort;
Amendment 64 #
2015/2287(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Deplores the fact that citizens have no power to supervise trilogue negotiations; expresses concern at the abuses to which this legislative practice might lead, in particular as regards the role of lobbies and possible disparities in the treatment of persons seeking to keep abreast with developments in European legislCalls on the EU institutions to increase transparency on informal trilogues by increasing reporting in the competent parliamentary committee, which are web-streamed and public, on the state of play of trilogue negotiations;
Amendment 66 #
2015/2287(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 10 #
2015/2254(INL)
Motion for a resolution
Citation 4
Citation 4
— having regard to Article 4(3) and 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union, and Protocol No 2 on the application of the principles of subsidiarity and proportionality;
Amendment 51 #
2015/2254(INL)
Motion for a resolution
Citation 19
Citation 19
Amendment 55 #
2015/2254(INL)
Motion for a resolution
Citation 20
Citation 20
Amendment 61 #
2015/2254(INL)
Motion for a resolution
Citation 21
Citation 21
Amendment 69 #
2015/2254(INL)
Motion for a resolution
Citation 22
Citation 22
Amendment 95 #
2015/2254(INL)
Motion for a resolution
Recital C
Recital C
C. whereas all Member States, the institutions of the Union and candidate countries share obliged to uphold those principles and values, and they have the duty of loyal cooperationprinciples and values which result from the constitutional traditions coming from the Member States;
Amendment 99 #
2015/2254(INL)
Motion for a resolution
Recital D
Recital D
D. whereas respect for the rule of law within the Union is a precondition for mutual recognition and trust, and a key factors for policy areas such as the internal market, police and justice cooperation, the Schengen area, and asylum and migration policies, and as a consequence, the erosion of the rule of law, democratic governance and fundamental rights are a serious threat to the stability, security and prosperity of the Unionthe monetary union and the common area of freedom, security and justice;
Amendment 107 #
2015/2254(INL)
Motion for a resolution
Recital E
Recital E
E. whereas the EU shall respect the equality of Member States before the Treaties as well as their national identities; Whereas the EU is based on a common set of core values and principles; Whereas the definition of core values and principles is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a resulshould be the basis for political decisions, independent of different political majorities; and resist temporary changes
Amendment 146 #
2015/2254(INL)
Motion for a resolution
Recital I
Recital I
I. whereas the European Parliamentary Research Service study on The Cost of Non-Europe in the area of Organised crime and Corruption highlightestimates that integrating existing EU monitoring mechanisms into a broader Rule of Law monitoring framework wouldmight result in cost savings of € 70 billion annually;
Amendment 160 #
2015/2254(INL)
Motion for a resolution
Recital J
Recital J
J. whereas the failure of a candidate countryies need to meet the required standards results in a delay offor the accession to the Union, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice; Whereas for negative developments in a Member State or breaches of the rule of law in the Union, the EU has limited possibilities to act;
Amendment 172 #
2015/2254(INL)
Motion for a resolution
Recital K
Recital K
K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation, and w; Whereas all Member Statesn analysis and verification of the Member States' compliance with those criteria should therefore be assessprovided on a regular basis in order to verify their continued compliance with the Union's common values;.
Amendment 181 #
2015/2254(INL)
Motion for a resolution
Recital L
Recital L
L. whereas there are few existing instruments to correct legislative and executive policy decisions by the institutions of the Union should be properly applied and enforced;
Amendment 183 #
2015/2254(INL)
Motion for a resolution
Recital M
Recital M
M. whereas the Court of Justice of the European Union (CJEU) has recently issued various rulingsrulings confirming, correcting or invalidating certain Union laws, Commission Decisions or legislative practices, for being in breach of the Charter of Fundamental Rights or contrary to Treaty principles on transparency and access to documents, but in several cases the institutions of the Union fail to; Whereas the Commission should, within its legislative powers, find the proper balance between different fundamental rights and fully comply with the letter and the spirit of the rulings;
Amendment 198 #
2015/2254(INL)
Motion for a resolution
Recital P
Recital P
P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they appear limited in scope, inadeq; whereas the existing instruments should be applied and enforced and, if necessary, evaluated and ineffective, or they are unlikely to be used; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countriescomplemented in the framework of a rule of law mechanism to be adequate and effective;
Amendment 209 #
2015/2254(INL)
Motion for a resolution
Recital S
Recital S
S. whereas some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that the Union has the authority to ensure compliancerecent developments in some Member States raise concerns whether the rule of law is still upheld throughout the EU;
Amendment 218 #
2015/2254(INL)
Motion for a resolution
Recital T
Recital T
T. whereas in situations where a Member State no longer guarantee respect for DRFcases of breaches of the rule of law, the Union and itsthe Member States shave a duty toll protect the rights of the residents of that Member Stateintegrity and application of the Treaties;
Amendment 239 #
2015/2254(INL)
Motion for a resolution
Recital V
Recital V
V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing, respecting the principle of subsidiarity, necessity and proportionality; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;
Amendment 265 #
2015/2254(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end of 20167, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;
Amendment 276 #
2015/2254(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as the three main institutions of the Union; with respect to the principles of subsidiarity, necessity and proportionality;
Amendment 286 #
2015/2254(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates that the Member States are obliged to cooperate with each other and the EU, based on the principles of mutual trust and sincere cooperation;
Amendment 288 #
2015/2254(INL)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes the establishment of an inter-parliamentary debate in order to sort out as much as possible misunderstandings, maladministration and incorrect implementation via a structured dialogue;
Amendment 299 #
2015/2254(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Invites the European Ombudsman to issue, as part of its annual report, specific recommendations to the institutions of the Union in the field of DRF;Commission to analyse recommendations of the European Ombudsman to the institutions of the Union and the Member States in the field of fundamental rights and rule of law.
Amendment 305 #
2015/2254(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 319 #
2015/2254(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to develop and implement an awareness raising campaign, providing information about citizens'fundamental rights, to judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Unionhe rule of law and the possibility to enforce those rights;
Amendment 324 #
2015/2254(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 338 #
2015/2254(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also assess access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;
Amendment 348 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – introductory part
Paragraph 9 – introductory part
9. Considers, furthermore, that any future Treaty revision should include the following changes:if in the future further Treaty changes would be considered, the attention should be drawn - to Article 2 and the fulfilment of the Member States' obligation to protect the fundamental values the EU is based upon - to the consideration of further mechanisms how the rule of law could be strengthened or, if breaches appear, how the rule of law could be re-established while respecting national competences and sovereignty; - to a possible revision of Article 7, in order to make sanctions against Member States relevant and applicable;
Amendment 351 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 1
Paragraph 9 – indent 1
Amendment 361 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 2
Paragraph 9 – indent 2
Amendment 364 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 3
Paragraph 9 – indent 3
Amendment 372 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 4
Paragraph 9 – indent 4
Amendment 379 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 5
Paragraph 9 – indent 5
Amendment 385 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that existing tools and mechanisms for enforcement of rights should be properly applied and strengthened if possible breaches appear;
Amendment 386 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Considers that the existing tools for rule of law monitoring, reporting and assessment should be further streamlined; Considers that a common platform could be established where all information sources are included and made public;
Amendment 390 #
2015/2254(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Confirms that the recommendations must respect fundamental rights and the principle of subsidiarity;
Amendment 398 #
2015/2254(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that any financial implications of the requested proposals for the budget of the Union should be covered by the existing budgetary allocations; stresses that both for the EU and its Member States, as well as for citizens, the adoption and implementation of those proposals wcould lead to substantial cost and time savings, and willcould thus be beneficial both in economic and social terms;
Amendment 6 #
2015/2095(INI)
Draft opinion
Recital A
Recital A
A. whereas women and girls asylum seekers and undocumented migrants are particularly vulnerable to all forms of violence, including sexual violence, at all stages of their journey;
Amendment 28 #
2015/2095(INI)
Draft opinion
Recital C
Recital C
C. whereas there exist disparities across the Member States in the treatment of women and girls seeking asylum and a holistic EU approach to asylum and immigration must ensure that consistent and gender-sensitive procedures are in place;
Amendment 37 #
2015/2095(INI)
Motion for a resolution
Citation 43 a (new)
Citation 43 a (new)
- having regard to the study for the Committee on Women's Rights and Gender Equality entitled "Reception of Female Refugees and Asylum Seekers in the EU" detailing the risks female refugees undergo,
Amendment 37 #
2015/2095(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that, regardless of legal status, decisions to detain should take into account oif past histories ofwomen have undergone trauma including experiences of sexual violence, and that the needs of pregnant women are more appropriately accommodated in tailored facilitie or FGM; considers that pregnant women in particular and single mothers should receive a treatment that takes into account their condition; stresses that girls should never be detained because of their status of migrants;
Amendment 72 #
2015/2095(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the additions made by the Recast Reception Conditions Directive, namely the inclusion of victims of human trafficking and FGM as separate categories of vulnerable persons; expresses its deep concern that only 12 Member States have applied vulnerable person status to victims of human trafficking; calls on the remaining Member States to implement the provisions of the Recast Reception Conditions Directive;
Amendment 76 #
2015/2095(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Member States to fully implement Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims and Directive 2012/29/EU on establishing minimum standards on the rights, support and protection of victims of crime;
Amendment 80 #
2015/2095(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Stresses that women and girls are particularly vulnerable to exploitation by smugglers; calls therefore on Member States to increase their police and judicial cooperation including with Europol, Frontex, Eurojust and EASO to effectively combat migrant smuggling;
Amendment 88 #
2015/2095(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that, notwithstanding fluctuation in migration flows which may put pressure on reception facilities, the needs of vulnerable people including women and girls, in particular unaccompanied girls, should be prioritised at all times;
Amendment 93 #
2015/2095(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas, on 4 February 2016, only 279 of the 39 600 asylum seekers awaiting reassignment from Italian reception facilities to other Member States had actually been relocated, while in the case of Greece 266 out of the 66 400 projected relocations had actually taken place;
Amendment 96 #
2015/2095(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines in particular the importance of ensuring access to education for migrant girls, especially when unaccompanied;
Amendment 100 #
2015/2095(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that economic independence is key to equality and to integration; calls therefore on Member States to facilitate access to work for migrant women;
Amendment 102 #
2015/2095(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Strongly condemns the use of sexual violence against women as a weapon of war; considers that special attention should be given to migrant women and girls abused in conflicts by ensuring access to medical and psychological support;
Amendment 105 #
2015/2095(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas women are at especial risk of exploitation and sexual exploitation at all stages of the migrant's journey; whereas migrant women are especially likely to be involved in child, early, and forced marriages;
Amendment 107 #
2015/2095(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages the UNHCR, EASO and Member States to ensure that the highest possible standards are in place for recruitment and that training which promotes a gender-based approach is provided for all staff.
Amendment 279 #
2015/2095(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls for the European Union's relevant Institutions and bodies to ensure proper protection to migrant women from sexual exploitation and to provide services and proper health care for cases of pregnancy and FGM;
Amendment 286 #
2015/2095(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Holds that any holistic approach to migration must necessarily contain measures coordinated between the relevant agencies aimed at disrupting the activities of criminal networks involved in the trafficking and smuggling of people;
Amendment 343 #
2015/2095(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that cooperation and sharing of information between national authorities and JHA agencies are necessary for an effective fight against human trafficking and smuggling; to this purpose, stresses the importance of the Joint Operational Team MARE established at Europol;
Amendment 389 #
2015/2095(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers it appropriate therefore to extend relocation arrangements to all nationalities following the relocation of all those belonging to nationalities for which the proportion of positive decisions granting international protection in the Union has been 75 % or more for the preceding three months;
Amendment 477 #
2015/2095(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Believes that the permanent Union- wide resettlement programme should aim at guaranteeing a homogeneous distribution, in the host country, of men and women who are refugees or in need of international protection; underlines that resettlement programmes should be mainly addressed to vulnerable people;
Amendment 507 #
2015/2095(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Observes that vulnerable people should benefit from humanitarian visas with priority;
Amendment 638 #
2015/2095(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that hosting Member States must offer refugees support and opportunities to integrate and build a life in their new society and – as provided for in the Qualifications Directive12 – this should also include effective access to democratic structures in society; emphasises that integration is a two-way process and that respect for the values upon which the EU is built must be an integral part of the integration process; __________________ 12 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
Amendment 676 #
2015/2095(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42 a. Believes that access to the labour market of Member States should be immediately denied to refugees or applicants for international protection who committed crimes;
Amendment 758 #
2015/2095(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is a need to improve the effectiveness of the Union’s return system, also by concluding new readmission agreements, in particular with African countries, that should be added to the 17 agreements already drawn up by the EU;
Amendment 778 #
2015/2095(INI)
Motion for a resolution
Paragraph 50 a (new)
Paragraph 50 a (new)
50 a. Believes that a quick adoption of the Regulation of the European Parliament and of the Council on a European travel document for the return of illegally staying third-country nationals, in the framework of structured readmission agreements with third countries, would help to make the return of irregular migrants lacking valid travel documents more effective;
Amendment 789 #
2015/2095(INI)
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51 a. Suggests to Member States to work on measures which make repatriation of migrants authors of criminal matters easier; underlines that such measures should abide by international law;
Amendment 947 #
2015/2095(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Calls forUrges the hotspots to be set up as soon as possible in order to give concrete operational assistance to those Member States;
Amendment 963 #
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 as well as the needs of pregnant women and children; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEAS;
Amendment 1039 #
2015/2095(INI)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86a. The Union should make the allocation of economic resources for international cooperation projects to assist developing countries conditional upon the full and effective cooperation of those countries with regard to the control of outgoing migration flows and the return of migrants who are denied political asylum or other forms of international protection;
Amendment 1181 #
2015/2095(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
Amendment 61 #
2015/2063(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a number of instruments already exist in Europe to address the radicalisation of European citizens and whereas the European Union and its Member States should show they are makingmake full use of these;
Amendment 106 #
2015/2063(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it is essential that fundamental rights and civil liberties be respected in all measures undertaken by the Member States and the European Union; whereas the security of European citizens is not incompatible with guaranteeing their freedoms; whereas, indeed, these two principles are two sides of the same coin;
Amendment 183 #
2015/2063(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to publish guidelines based on best practices on measures to be implemented in Europe'san prisons aimed at preventing Europeans from becoming radicalised; recommends that the Member States segregate radicalised inmates within their prisons in order to prevent radicalism from being imposed through intimidation on other inmatesradicalisation of prisoners; believes that the Member States should consider the isolation of radicalised inmates within their prisons in order to prevent and to contain radicalisation in those institutions;
Amendment 193 #
2015/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Supports the establishment of specialised European training for prison staff, including by CEPOL, in order to teach them to detect and prevent radical behaviour; stresses the importance of appropriately training and recruiting prison chaplains so that they can not only adequately meet prisoners' cultural needs in prisons, but also counter radical discourse;
Amendment 237 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet playis used as a significant role inplatform for fuelling the radicalisation of European citizensand fundamentalism, as it facilitates the rapid, large-scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on young people, who are particularly vulnerable; calls for a dialogue to be launched at European level with the internet giancompanies, hotlines and experts with a view to preventing the online distribution of hate messages and to eradicating them swiftly;
Amendment 259 #
2015/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. FeelBelieves that the internet giants should be made aware of their responsibilities so that theyindustry should take their shared responsibility in deleteing illegal content as quickly as possible; believes that the Member States should plan for the possibility of bringing criminal prosecutions against digital actors who do not take action in response to the spread of illicit messages or messages praising terrorism on their internet platforms; believes that refusal or failure to cooperate on the part of internet platforms which allow such messages to circulate should be considered an act of complicity with praising terrorism and should consequently be punished, in respect of freedom of expression;
Amendment 270 #
2015/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Feels, however,Stresses that the internet is an effective platform for spreading discourse opposed to hate speech and praise for terrorismf respect of human rights and fundamental freedoms and opposed to violence; calls on the digital giantplatforms to cooperate with the Member States in order to take part in the spread of prevention messages calling for the development of critical thinking and for a process of deradicalisationidentify innovative legal ways for countering praise of terrorism and hate speech, thereby making online radicalisation more difficult;
Amendment 304 #
2015/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the introduction of measures enabling all internet users to easily and quickly flag illegal content circulating on the internet and on social media networks easily and quicklyand to report it to competent authorities, including through hotlines, while respecting basic freedoms and freedom of expression;
Amendment 317 #
2015/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Feels that everyEncourages Member State shoulds to set up a special unit tasked with flagging illicit contenthate speech and praise and recruitment for terrorism on the internet and with facilitating the detection and removal of content that does not conform to the host internet platform's charter and rules; proposes that such units could cooperate with a European unit responsible for dealing with flaggingthe EU-anti terrorism coordinator and the European Counter-Terrorism Centre within Europol;
Amendment 390 #
2015/2063(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that it is vital to engage in dialogue with the various religious communities in order to help reach a better understanding of the phenomenon of radicalisation; draws the Member States' attention to the issue of training religious leaders in order to prevent preachers of hate from appearing in places of worship in Europe, and also of training prison chaplains, particularly when they are around prisoners deemed to be radicalisedand to prevent radicalisation; stresses the important role that religious communities can play in countering fundamentalism, hate speech and terrorism propaganda;
Amendment 404 #
2015/2063(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses the importance of identifying the root causes of radicalisation, that are not always religious; calls on the Member States to work for more effective integration policies, to ensure a better inclusion in the labour market for young people, and to promote a culture of tolerance and respect among different communities and freedom of religion.
Amendment 533 #
2015/2063(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates its belief that the European Union must step up its external border controls as a matter of urgency; stresses that it will be impossible to effectively track the departures or arrivals of European citizens unlessentry and exit in the EU unless Member States implement the mandatory and systematic controls are introducedforeseen on the European Union's external borders; calls on the Member States to make a good use of existing instruments such as SIS and VIS, including in reference to stolen, lost and falsified passports; states that, to this end, one of the European Union's priorities must be reformingto better enforce the Schengen Code;
Amendment 551 #
2015/2063(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on Member States to share good practices in regard to exit checks on radicalised EU citizens and how to manage the return of citizens who have taken part in terrorist activities in conflict theatres abroad; supports in particular the possibility of Member States confiscating the passports of EU citizens planning to join terrorist organisations, according to their National Constitutions;
Amendment 115 #
2015/0310(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The external borders of the European Union are subject to major pressures, such as an unprecedented migratory flow, a growing terrorist threat and an increase in the number of regular travellers. Effective management of those pressures calls for coordinated action at EU level as part of a long-term strategy.
Amendment 132 #
2015/0310(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Significant secondary movements by asylum seekers and irregular migrants who have not been appropriately registered by national border authorities have prompted several Member States to decide to restore internal border controls. External border controls therefore need to be provided and strengthened.
Amendment 149 #
2015/0310(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The attacks in Paris and Brussels have demonstrated that irregular migratory flows can be used by terrorists to enter EU territory; this shows there is a close link between the vulnerability of external borders and increased threats to internal security.
Amendment 196 #
2015/0310(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) National border control authorities are not sufficiently equipped and trained to deal with the public order operations that are often necessary when a large number of migrants crosses borders.
Amendment 214 #
2015/0310(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The European Border and Coast Guard Agency should facilitate and encourage operational cooperation between Member States and third countries in the framework of the external relations policy of the Union, including by coordinating operational cooperation between Member States and third countries in the field of management of external borders and by deploying liaison officers to third countries, as well as by cooperating with the authorities of third countries on return, including as regards the acquisition of travel documents and the promotion of the European travel document for the return of third-country nationals who are illegally staying in the European Union. In their cooperation with third countries, the European Border and Coast Guard Agency and Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries.
Amendment 1169 #
2015/0310(COD)
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1
Article 80 – paragraph 1 – subparagraph 1
By threone years from the date of entry into force of this Regulation, and every threewo years thereafter, the Commission shall carry out an evaluation to assess particularly the impact, effectiveness and efficiency of the Agency’s performance and its working practices in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification.
Amendment 24 #
2015/0306(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry into, stay on or residence in the Member Statesterritory of the Union, in full respect of fundamental rights, in particular of the principle of non- refoulement, and in compliance with the provisions of Directive 2008/115/EC9 , is an essential part of the comprehensive efforts to ensure the credibility and proper functioning of the Union migration policies and to reduce and deter irregular migration. _________________ 9 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 33 #
2015/0306(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) National authorities of the Member States experience difficulties in returning illegally staying third-country nationals who possess nose stay on the territory of the Union is illegal and who lack valid travel documents.
Amendment 37 #
2015/0306(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Improving cooperation on return and readmission with the main countries of origin and transit of illegally staying third- country nationthird-country nationals whose stay on the territory of the Union is illegals is essential for increasing rates of return, which are unsatisfactory.
Amendment 47 #
2015/0306(COD)
(6a) The negotiation of new Union readmission agreements, which should take precedence over bilateral agreements between Member States and third countries, would guarantee a more effective implementation of this Regulation, within the framework of a more coherent return policy.
Amendment 57 #
2015/0306(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Member States should systematically issue return decisions in compliance with Directive 2008/115/EC of the European Parliament and of the Council with the support provided by the Union in terms of adequate resources, including funding and staff.
Amendment 58 #
2015/0306(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The circumstances in which Member States should consider issuing a European travel document for return include cases in which a document that is not valid or is no longer valid for travelling, a civil registry certificate, another official document, or a copy thereof, proves the nationality of the illegally staying third-country national subject to a return decision. Examples of such documents are expired passport, identity card or third-country laissez passer; military or maritime identity card, driving licence; nationality, birth, marriage certificates; extract from the Visa Information System. Member States could also consider issuing such document when the third-country national, whose nationality has been confirmed by the competent authorities of a third country, has not received a valid travel document within a reasonable deadline. In order for the European travel document for return to be effective, however, returns should be carried out rapidly, so that the persons subject to a return decision do not abscond.
Amendment 60 #
2015/0306(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The current migration crisis is characterised by the arrival of a large number of unaccompanied minors.
Amendment 71 #
2015/0306(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the format and the technical specifications of a European travel document for the return of third- country nationals whose stay on the territory of the Union is illegal.
Amendment 74 #
2015/0306(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) 'Union readmission agreements' means agreements which are based on reciprocal obligations and are concluded between the Union and third countries to facilitate the return of persons residing irregularly on the territory of the Union, in accordance with Article 79 (3) TFEU.
Amendment 75 #
2015/0306(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The format of the European travel document for return shall correspond to the model set in the Annex. It shall contain the following information of the third-country national illegally staying on the territory of the Union:
Amendment 93 #
2015/0306(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Best interests of the child In accordance with the 1989 United Nations Convention on the Rights of the Child and Article 10 of Directive 2008/115 EC of the European Parliament and of the Council, the 'best interests of the child' shall be a primary consideration of Members States when implementing this Regulation.
Amendment 113 #
2015/0281(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The Risk Analysis for 2016 published by Frontex stated that the Paris attacks of 13 November 2015 demonstrated that irregular migratory flows could be used by terrorists to enter the EU and pointed to a risk of terrorist infiltration by land and sea.
Amendment 137 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall make the pursuit of the activity of dealer or broker within their territory conditional upon authorisation on the basis of at least a check of the privateersonal and professional integrity and of the abilities of the dealer or broker. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
Amendment 141 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
This filing system shall record each firearm's type, make, model, calibre and serial number, as well as the names and addresses of the supplierperson disposing of the firearm and the person acquiring or possessing ithe firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of the firearm has been certified by the competent authorities.
Amendment 144 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Throughout their period of activity, dealers and brokers shall be required to maintain a register in which all firearms subject to this Directive and which are received or disposed of by them shall be recorded, together with such particulars as enable the firearm to be identified and traced, in particular the type, make, model, calibre and serial number thereof and the names and addresses of the persons supplyingdisposing of and acquiring it.
Amendment 150 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 91/477/EEC
Article 4b – paragraph 2
Article 4b – paragraph 2
2. The system referred to in paragraph 1 shall include at least a check of the privateersonal and professional integrity and of the abilities of the dealer or broker. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
Amendment 2 #
Amendment 45 #
2015/0125(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) According to data of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex), the Central and Eastern Mediterranean route were the main areas for irregular border crossing into the Union in 2014. In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277% compared to 2013, including more than 26.100 children, of whom around 13.000 were unaccompanied (7.6% of the total migrants arrived). A steady increase was also witnessed by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153% compared to 2013. Statistics for the first months of 2015 confirm this clear trend in respect of Italy. In addition, Greece has faced in the first months of 2015 a sharp increase in the number of irregular border crossings, corresponding to more than 50% of the total number of irregular border crossings in 2014 (almost 28 000 in the first four months of 2015 in comparison to a total number of almost 55 000 in 2014). A significant proportion of the total number of irregular migrants detected in these two regions included migrants of nationalities which, based on the Eurostat data, meet a high Union level recognition rate (in 2014, the Syrians and the Eritreans, for which the Union recognition rate is more than 75%, represented more than 40% of the irregular migrants in Italy and more than 50% of them in Greece). According to Eurostat, 30 505 Syrians were found to be irregularly present in Greece in 2014 compared to 8 220 in 2013.
Amendment 66 #
2015/0125(NLE)
Proposal for a decision
Recital 17
Recital 17
(17) The measures foreseen in this Decision entail a temporary derogation from the criterion laid down in Article 13(1) of Regulation (EU) No 604/2013 of the European Parliament and of the Council and the procedural steps, including the time limits, laid down in Articles 21, 22 and 29 of that Regulation. Child rights principles and the best interest of the Child should be the primary consideration in all procedures put in place.
Amendment 91 #
2015/0125(NLE)
Proposal for a decision
Recital 26
Recital 26
(26) In addition, in order to decide which specific Member State should be the Member State of relocation, specific account should be given to the specific qualifications of the applicants concerned which could facilitate their integration into the Member State of relocation, such as their language skills. In the case of particularly vulnerable applicants, and particularly in the case of unaccompanied minors, consideration should be given to the capacity of the Member State of relocation to provide adequate support to those applicants.
Amendment 58 #
2014/2254(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to its Resolution on 25th anniversary of the UN Convention on the Rights of the Child of 27 November 2014
Amendment 102 #
2014/2254(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU is undergoing a period of economic and financial crisis, and wther meas the response of the EU and the Member States has seriously compromised the wellbeing of citizens andures that had to be taken have not always been adequate in terms of improvement of the citizens' wellbeing and protection of their fundamental rights;
Amendment 105 #
2014/2254(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the European Union operates on the basis of the presumption and mutual trust that EU Member States conform with democracy, the rule of law and fundamental rights, as enshrined in the ECHR and in the Charter of Fundamental Rights, notably in relation to the development of an Area of Freedom, Security and Justice and the mutual recognition principle;
Amendment 115 #
2014/2254(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, following recent terrorist attacks on EU territory, fundamental rights are at risk of being seriously compromised in the name of a supposed need for tighter securityit is important to find the right balance between the respect of fundamental rights and ensuring security of citizens;
Amendment 169 #
2014/2254(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that it is essential to guarantee that the common European values listed in Article 2 TEU are upheld in full in both European and national legislation; Underlines that the European Union is bound to adopt legislation with full respect to its competences as set by the Treaties including the principle of subsidiarity;
Amendment 189 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on Member States to ensure that the principle of the best interests of the child is respected in all legislation and decisions taken at all levels and encourages Member States to share best practices with a view to improving the correct application of the principle of the best interests of the child across the EU;
Amendment 240 #
2014/2254(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. NotWelcomes the Commission's Communication on a new EU Framework to strengthen the rule of law; considers, however, that the proposed mechanism will not act as a sufficient deterrent when it comes to preventing and resolving fundamental rights violations in Member States;
Amendment 243 #
2014/2254(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines the need for the full use of existing mechanisms to ensure that the fundamental rights and the values of the Union referred to in Article 2 of the EU Treaty and in the Charter of Fundamental Rights are respected, protected and promoted; In this regard all the instruments currently provided for in the treaties need to be urgently applied and implemented;
Amendment 310 #
2014/2254(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores recent instances of anti-Semitic and anti-Islamic and anti- Christian discrimination and violence; calls on Member States to protect freedom of religion or belief and to promote tolerancereligious tolerance and non- discrimination;
Amendment 353 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Condemns any form of violence against children, such as physical and sexual abuse, forced marriages, child labour, sexual exploitation, trafficking, honour killing, female genital mutilation, child soldiers and human shields; considers that tradition, culture and religion should never be used to justify violence against children; calls on the Member States to uphold their obligations and combat any form of violence against children, including by formally prohibiting and sanctioning corporal punishment against children; calls on the Member States to increase their cooperation and dialogue with third countries, to raise awareness and to advocate for children's rights to be respected everywhere in the world;
Amendment 360 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Underlines that safeguarding fundamental rights in today's information society is a key issue for the EU as the growing use of information and communications technologies (ICT) poses new threats against fundamental rights in cyberspace, the protection of which should be strengthened by ensuring that they are promoted and protected online in the same way and to the same extent as in the offline world;
Amendment 361 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Considers that children's personal data online must be duly protected and that children need to be informed in a child-friendly manner about the risks and consequences of using their personal data online; stresses that online profiling of children should be prohibited;
Amendment 373 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Recognizes that that wide spread of transnational cybercrime and cyber terrorism creates serious challenges and concerns about protection of fundamental rights in the online environment, which makes even more imperative the international cooperation between member states' police and law enforcement authorities in the context of the fight against cybercrime pursuant to article 87 TFEU;
Amendment 473 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission and the Member States to keep the issue of violence against women high on the agenda as Gender-based violence is both a consequence of the inequalities between women and men as well as an obstacle to equality and therefore should not be tolerated; Furthermore calls on the Commission to encourage national ratifications and start the procedure for EU accession to the Istanbul Convention as quickly as possible; notes that the immediate accession of all Member States to the Istanbul Convention would lead to the development of an integrated policy and to the promotion of international cooperation in the fight against all forms of violence against women;
Amendment 479 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the EU to continue its work in ensuring equality between women and men in pay, pensions and participation in labour market, including in positions on top management. This action should help ensuring that Europe is making full use of all available talent;
Amendment 542 #
2014/2254(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the discrimination and exclusion that persons with a mental and/or physical disability still face today; calls on the Commission and the Member States to implement the European Disability Strategypromote the integration of persons with disabilities through the European Disability Strategy 2010-2020, the ''Europe 2020'' and the European Semester and to monitor and apply the relevant European legislation;
Amendment 547 #
2014/2254(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges the Commission to guide Member States in order to make use in the best way of the European structural and investments funds, which must be applied in accordance with the EU's obligations under the UNCRPD Convention;
Amendment 555 #
2014/2254(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Urges the Commission to support more NGO's, covering various aspects of disability, as well as Member States' Organisations, and to work closely with them, aiming at the proper implementation of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), launching training programs for the empowerment of these persons, gathering data and carrying out analysis;
Amendment 610 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Stresses that the children’s rights should be fulfilled without discrimination on any grounds, regardless of their parents’ ethnic origin, nationality, religion and social, migration or residence status;
Amendment 612 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13f. Calls on the Member States to implement Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children, and child pornography, and to strengthen the legal ability, technical capabilities and financial resources of law enforcement authorities in order to increase cooperation, including with Europol, with a view to investigating and dismantling child sex offender networks more efficiently, while prioritising the rights and safety of the children involved;
Amendment 769 #
2014/2254(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that, in Member States subject to economic adjustment programmes, the EU institutions are also responsible forwhich implement structural reforms in the asir sociatel and econditions; stresses that the EU institutionomic systems are always under an obligation to observe the Charter, even when acting outside the framework of EU law;
Amendment 34 #
2014/2215(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the use of different uniforms alongside the Frontex emblem during the Frontex operations could makes it difficult for individuals to identify under whose authority an officer falls and, ultimately, where to file a complaint - whether with Frontex or directly with the Member State concerned;
Amendment 36 #
2014/2215(INI)
Motion for a resolution
Recital L
Recital L
L. whereas under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States or their officials; whereas the principle of subsidiarity should be respected within a request to FRONTEX to set up a Follow-up mechanism for complaints within the Member States' responsibility;
Amendment 38 #
2014/2215(INI)
Motion for a resolution
Recital M
Recital M
M. whereas Frontex has already established an incident reporting system which involves the Frontex operations teamdivision, the Frontex legal teamunit and the Frontex Fundamental Rights Officer, with the ultimate decision being taken by the Frontex Executive Director; whereas this system only involves internal complaints received from Frontex staff and guest officers, and consequently does not cater for direct complaints by individuals who claim a breach of their fundamental rights;
Amendment 40 #
2014/2215(INI)
Motion for a resolution
Recital N
Recital N
N. whereas individual complaints mechanisms already exist at European level within the structures of the European Investment Bank, the European Agency for Fundamental Rights and the European Network of Ombudsmen; whereas it is noted that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 50 #
2014/2215(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
1. Acknowledges and appreciates FRONTEX' extraordinary support of the Member States at the EU's external borders in coordinating the mass influx of migrants during the current migration crisis; welcomes the engagement of FRONTEX to further support the Member States by contributing to the newly installed hotspots and by better coordinating return decisions;
Amendment 53 #
2014/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’'s efforts in taking on board 12 of the Ombudsman’s recommendations's 13 recommendations and notes that Frontex did not categorically refuse to implement the recommendation on the complaints mechanism; acknowledges Frontex’'s current fundamental rights safeguards in the form of, but not limited to, the setting- up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Office;
Amendment 57 #
2014/2215(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. SupportNotes the recommendation by the European Ombudsman that Frontex should deal with individual, non-anonymous complaints regarding infringements of fundamental rights in in the course of its operations and should provide adequate administrative support for that purpose; calls on Frontex to set up an appropriathe complaints mechanism;
Amendment 63 #
2014/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’'s external borders, Frontex is in need of might require a mechanism that is capable of processing individual, non-anonymous complaints about alleged breaches of fundamental rights occurring in the course of its operations, thus becoming a first-instance body for complaints;
Amendment 69 #
2014/2215(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an more effective remedy; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that wcould otherwise remain undetected, unreported and unresolved;
Amendment 74 #
2014/2215(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. StressNotes that under the Frontex regulation there arppears to be no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-would be compliant with the principle of good administration and undermineswould add to the effective implementation of the Agency’'s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’'s role under EU law, in particular its participation in Migration Management Support Teams working in ‘'hotspot’' areas;
Amendment 81 #
2014/2215(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law; rRecalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;
Amendment 86 #
2014/2215(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view there is a legitimate expectation on the part of all to believe that the actions of those involved in Frontex operations are attributable to Frontex and more generally to the EU; stresses that the complex legal relations and the distinct yet shared responsibilities between Frontex and the Member States should not undermine the safeguarding of fundamental rights; notes that being a central point for individual complaints does not make Frontex responsible for every complaint received; stresses that under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States and their officials; believes that due consideration should therefore be given to the competences of Frontex and those of the EU Member States;
Amendment 88 #
2014/2215(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. StressNotes the need for an official central structure within Frontex for the processing of individual complaints; notes that such a mechanism can only be realised under the condition that Frontex is provided with the necessary staff and budgetary resources; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly; recalls that Frontex can only cooperate with Member States on the follow-up of complaints falling under the Member States' authority, but does not have executive powers in the Member States and no authority to sanction Member States and their officials;
Amendment 102 #
2014/2215(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that both persons who feel harmed by border guards wearing the Frontex emblem, especially the most vulnerable people, such as minors and pregnant women, and third parties acting in the interest of such persons should have the right to submit a complaint; urges Frontex to guarantee full confidentiality and not to disclose the identity of the complainant to third parties without his or her agreement;
Amendment 103 #
2014/2215(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that both persons who feel harmed by border guards wearing the Frontex emblem and third parties acting in the interest of such persons should have the right to submit a complaint; urges Frontex to guarantee full confidentiality and not to disclose the identity of the complainant to third parties without his or her agreement unless compelled legally to do so;
Amendment 106 #
2014/2215(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; suggests further that only complaintsncrete and founded complaints which are based on a direct violation of concrete of the fundamental rights violationas protected by the EU Charter of fundamental rights should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints; recommends the provision of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;
Amendment 113 #
2014/2215(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Recalls that the identity of most complainants will be difficult to check upon and even to verify it as high percentage of people arrive to the EU with no documents, Urges to develop a system of verifying the identity of complainants while at the same time ensuring the protection of their personal data, that could be shared with any authorities only in cases of safeguard against and prevent threats on public security, public safety, public order and public health.
Amendment 119 #
2014/2215(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the above form should be accessible in the most common languages spoken by migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; is of the opinion that the possibility to submitinitiate a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’' screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;
Amendment 127 #
2014/2215(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges that potential complaints may in manycertain cases refer to the conduct of guest officers who fall under the particular authority of a Member State but wear the Frontex emblem;
Amendment 137 #
2014/2215(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; considers it cruciauseful to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so;
Amendment 139 #
2014/2215(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that the Fundamental Rights Officer should, in close cooperation with the relevant Frontex operational team, contribute to investigations by national authorities by providing further information on the incident if necessaryfound to be necessary by the responsible Member State;
Amendment 140 #
2014/2215(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that the Fundamental Rights Officer shcould, in relevant cases and in close cooperation with the relevant Frontex operational teamdivision, contribute to investigations by national authorities by providing further information on the incident if necessary;
Amendment 142 #
2014/2215(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that Frontex should closely follow up on complaints by formally requesting feedback from the respective Member State and, if necessary, by sending a letter of warning recalling the possible action which Frontex can take if no follow up to the letter concerned is received; rRecalls that Frontex has the right to receive information on fundamental rights violations by guest officers in the context of its obligation to monitor respect for fundamental rights in all of its activities;
Amendment 145 #
2014/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that a justificationFrontex should be provided to the complainant should no follow-up procedure be initiated by Frontexwith the contact details of the responsible national authority;
Amendment 148 #
2014/2215(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that the Frontex Disciplinary Procedure may also apply to seconded guest officers and seconded national experts if the relevant Member State agreesfinds it to be the best solution; recalls that Frontex may request the Member State to immediately remove the guest officer or seconded national expert concerned from the Frontex activity if the Member State does not allow the disciplinary procedure to take place, and, if necessary, to remove the person from the pool of guest officers;
Amendment 158 #
2014/2215(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that the possibilityno prejudice in terms of withdrawing financial support from the Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudiceultimately the termination of an operation should come by this mechanism to the overall aim of the Frontex mission whereby the saving of lives is envisaged;
Amendment 167 #
2014/2215(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’' right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check of the complaints;
Amendment 175 #
2014/2215(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes note that an individual complaints mechanism should be both efficient and cost-effective; calls on Frontex to provide the necessary resourcesthe Member States and the European Commission to provide Frontex with the necessary additional resources to be allocated to the Fundamental Rights Office for handling the complaints received;
Amendment 183 #
2014/2215(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the readiness of the European Ombudsman, the members of the European Network of Ombudsmen with competence on fundamental rights and the Frontex Consultative Forum to support Frontex in setting up and implementing an individual complaints mechanism; calls on Frontex to follow where appropriate the good practice of other European bodies, such as the European Investment Bank, in close cooperation with the European Ombudsman while keeping in mind that Frontex is an operational agency which differs in nature to the abovementioned bodies;
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.