1487 Amendments of Renate WEBER
Amendment 2 #
2018/2155(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to the international legal protection of freedom of thought, conscience, religion or belief guaranteed by Article 18 of the 1948 Universal Declaration of Human Rights (UDHR), Article 18 of the 1966 International Covenant on Civil and Political Rights (ICCPR), the 1981 Declaration on the Elimination of all Forms of Intolerance and of Discrimination based on Religion or Belief, Article 9 of the European Convention on Human Rights and Articles 10, 21 and 22 of the Charter of Fundamental Rights of the European Union,
Amendment 10 #
2018/2155(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the right to freedom of thought, conscience, religion orand belief (FoRB) is a, and the rights to apostasy and to espouse atheistics views are human rights inherent to all human beings and a fundamental right of individuals which should be subjected to no kind of discrimination, as enshrined by international and European founding texts, including the Universal Declaration of Human Rights and the Charter of Fundamental Rights of the European Union;
Amendment 21 #
2018/2155(INI)
Motion for a resolution
Recital B
Recital B
B. whereas FoRBfreedom of thought, conscience, religion and belief implies the right of the individual to choose what to believe or to not believe, the right to change and quit one’s religion and convictions without any constraints, and the right to practise and manifest the religion of one’s choice, whether individually or in community and whether in private or in public; whereas the manifestation of religion or belief can be expressed in worship, teaching, practice and observance; whereas FoRBfreedom of thought, conscience, religion and belief entails the right of believers’ and non- believers' communities to preserve or quit their ethos and to act in accordance with it, and the entitlement for their religious and non-confessional organisations to have recognised legal personality; whereas protecting individuals adhering to any religion or none and effectively addressing violations of FoRBfreedom of thought, conscience, religion and belief, such as discrimination or legal restrictions based on thought, conscience, religion or belief, are primordial conditions to ensure that individuals may enjoy FoRBfreedom of thought, conscience, religion and belief on an equal basis;
Amendment 30 #
2018/2155(INI)
Motion for a resolution
Recital C
Recital C
C. whereas FoRBfreedom of thought, conscience, religion and belief is indivisible, is interdependent on and interrelated to fundamental freedoms and other human rights, and is a cornerstone human right that protects the core of human dignity;
Amendment 34 #
2018/2155(INI)
Motion for a resolution
Recital D
Recital D
D. whereas FoRB directlfreedom of thought, conscience, religion and belief may contributes to democracy, development, the rule of law, peace and stability; whereas violations of FoRBfreedom of thought, conscience, religion and belief are increasingly widespread, affect people in all parts of the world and may exacerbate intolerance, often constituting early indicators of potential violence and conflicts;
Amendment 46 #
2018/2155(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the promotion of FoRBfreedom of thought, conscience, religion and belief, including through civil society support for the protection of the rights of individuals belonging to religious and belief minorities and non-believers, support for human rights defenders (HRDs) and the fight against discrimination on grounds of religion and belief , as well as the promotion of intercultural and interreligious dialogue, is a funding priority under the 2014-2020 European Instrument for Democracy and Human Rights (EIDHR); whereas the European Development Fund (EDF) and EU financial instruments such as the Development Cooperation Instrument (DCI), the European Neighbourhood Instrument (ENI), the Instrument contributing to Stability and Peace (IcSP) and the Instrument for Pre-Accession Assistance (IPA) have also supported projects that are conducive to improving the environment for FoRB;
Amendment 51 #
2018/2155(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that freedom of thought, conscience, religion orand belief is an important undeniable pillar of human identity, greatlor to not believe is a pillar of personal identity impacting individuals and societies, and is therefore a reality that must not be neglected or denied in policies but requires proper recognition and addressing;
Amendment 58 #
2018/2155(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Affirms that the right to freedom of thought, conscience and, religion, commonly referred as freedom of religion or belief (FoRB), as a fundamental and belief or to not believe, and the rights to apostasy and to espouse atheistic views are an important human right and a founding value of the EU, and has to be duly protected, promoted and safeguarded by all actors; underscores the duty of states to guarantee FoRB as well as enhanced through interreligious and intercultural dialogue; underscores the duty of states to guarantee freedom of thought, conscience, religion and belief in order to preserve peaceful, democratic and pluralistic societies that are respectful of diversity and beliefs;
Amendment 64 #
2018/2155(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Expresses its deep concern at the fact that recent years have seen a dramatic rise in violations of FoRB worldwide, including persecution basefreedom of thought, conscience, religion or belief, and persecution of believers and non r-beligion or beliefevers worldwide; stresses that these violations are frequently at the root of or increasingly exacerbate wars or other forms of armed conflict, resulting in violations of humanitarian law, including mass murders or genocide; stresses that violations of FoRBfreedom of thought, conscience, religion and belief undermine democracy, impede development, and negatively affect the enjoyment of other fundamental freedoms and rights; emphasises that this obligates the international community, the EU and its Member States to reaffirm their determination and strengthen their actions in promoting FoRBfreedom of thought, conscience, religion and belief and the rights to apostasy and to espouse atheistic views;
Amendment 75 #
2018/2155(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that, in accordance with Article 17 TEU, the EU is committed to maintaining open, transparent and regular dialogues with churches and religious, philosophical and non-confessional organisations; highlights the supporting effect of these dialogues for respect for other human rights, equal rights for women, children’s rights, as well as for democracy, development, the rule of law, good governance, peace and stability, and environmental and labour standards; stresses that such interreligious and intercultural dialogues are often met by greater openness by some EU international partners and can create a starting-point for progress in other areas;
Amendment 78 #
2018/2155(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Condemns the persecution of and attacks under religious basis against ethnic, religious groups, non-believers, atheists, women or other minorities such as LGBTI and calls for immediate accountability of such violations; condemns forced conversions and harmful practices such as female genital mutilation, forced marriages and certain other practices associated with or perceived as manifestations of a religion or belief; opposes such practices that often affect women and girls, members of religious minorities and persons on the basis of their sexual orientation or gender identity and stresses that they may constitute violations of international human rights standards;
Amendment 82 #
2018/2155(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the enhancement of the promotion of FoRBfreedom of thought, conscience, religion and belief in EU foreign policy and external actions over recent years, in particular through the EU Global Strategy for foreign policy and security and the 2015-2019 EU Action Plan on Human Rights and Democracy; welcomes the fact that this enhancement is being met with an increased commitment on the part of many partner countries to comply with the respective Articles 18 of the UDHR and ICCPR;
Amendment 85 #
2018/2155(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. CommendNotes the creation of the post of Special Envoy for the promotion of FoRB outside the EU in 2016 by the President of the Commission, in response to the resolution of Parliament of 4 February 2016; considers the appointment of the Special Envoy as an important step forward and a clear recognition of FoRB as one of the core parts offreedom of thought, conscience, religion and belief within the human rights agenda of EU foreign policy and external actions, both bilateral and multilateral, and within development cooperation; praisesaffirms that the Special Envoy for his continuous engagement and cooperation and complementarity of actions with the EU Special Representative for Human Rights on this issue, including the promotion of the EU Guidelines; commends the Commissioner on International Cooperation and Development, together with the Commission’s DG DEVCO, for actively supporting the Special Envoyshould clearly advocate for freedom of thought, conscience, religion and belief that also includes the rights to not belief, apostasy and to espouse atheistic views; in this sense also stresses the need to pay a particular attention to the situation of non-believers at risks; supports the Special Envoy continuous engagement and cooperation of actions with the EU Special Representative for Human Rights on this issue, including the promotion of the EU Guidelines;
Amendment 89 #
2018/2155(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance of linking up efforts to promote FoRB and inter- and intra-religiousfreedom of thought, conscience, religion and belief and inter- and intra-religious, inter-convictional and cultural dialogues with the prevention of violent extremism on a complementary and mutually reinforcing basis, in particular within neighbouring and other countries with which the EU has special relations; underlines that non-confessional, humanist and "laique" organisations are also key actors in preventing violent extremism;
Amendment 99 #
2018/2155(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Deplores the fact that some countries in order to limit freedom of religion and belief and freedom of expression, have, enforce or seek to introduce penal laws providing punishment for blasphemy, conversion or apostasy, including the death penalty; also draws attention to the situation of some other countries facing or being at risk of conflicts of a religious dimension; calls for the EU to take further actions and increase its political engagement to prioritise in its foreign policy efforts towards all the countries concerned with a view to the repeal of such discriminatory laws and protect the ones at risk;
Amendment 104 #
2018/2155(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Denounces the recourse to blasphemy, apostasy or other accusations based on religious grounds, in order to crack-down on human rights defenders in relation to their legitimate activities, including on social media, and more broadly to restrict civil society space; condemns the continued detention of Sakharov Prize laureate Raif Badawi after an unlawful trial and presses the Saudi authorities to immediately and unconditionally release him;
Amendment 107 #
2018/2155(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the fact that the Special Envoy has developed effective working networks within the Commission, the Council, and the European Parliament, as well as with other stakeholders; deplores, however, the fact that the Special Envoy’s mandate was not established and consolidated with sufficient human and financial resources;
Amendment 115 #
2018/2155(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Council and the Commission to strengthenmake an assessment of the Special Envoy’s institutional mandate and capacity, by earmarking funding and human resources adequate to the Envoy’s duties, developing a systemic institutionalisation of working networks established by the Special Envoy within all relevant EU institutions or establishing the positionin order to establish if necessary adequate funding and human resources to carry out Envoy’s duties that should focus on promoting freedom of thought, conscience, religion and belief, and the rights to apostasy and to espouse atheistic views; calls ofn the EU Special Representative for FoRBEnvoy to annually report on his achievements and priorities;
Amendment 122 #
2018/2155(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 139 #
2018/2155(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 146 #
2018/2155(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 152 #
2018/2155(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recommends the setting up of a regularn informal advisory working group of Member States’ FoRB institutions and European Parliament representatives together with experts, scholars, and representatives of civil society, including churches and other faith-based organisations, providing advice on FoRB issues to assist the Special Envoy as well as non-confessional organisations, providing advice on freedom of thought, conscience, religion and belief;
Amendment 159 #
2018/2155(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recommends that the EU Special Representative for Human rights in collaboration with the Special Envoy further develop cooperation with counterparts outside the EU, in particular by working in close cooperation with the different UN Special Rapporteurs and in particular the one on FoRB, as well as exploring the possibility of EU-UN joint annualinitiatives reporting on discrimination against religious minorities and non- believers, also formulating common proposals on how to put an end to such acts;
Amendment 168 #
2018/2155(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urgently calls for the implementation of the EU Guidelines on FoRB to be increased in intensity and effectiveness; nNotes that further dedicated efforts need to be made by the EU and its Member States to implement more effectively theall thematic EU Guidelines and make the EU more influential in advancing FoRBfreedom of thought, conscience, religion and belief worldwide; stresses that understanding how societies may be shaped and influenced by thoughts, religions and other beliefs, including non-belief, is instrumental to better comprehending the promotion of FoRBfreedom of thought, conscience, religion and belief in EU foreign policy and international cooperation; calls for a particular attention to be paid to the situation of non-believers facing discrimination and violence;
Amendment 174 #
2018/2155(INI)
19. Commends, inUnderlines thise respect, the efforts made to date by the EEAS and the Commission to provide training on religonsibilities fulfilled by human rights focal points within all EU Delegatiouns literacy to EU officials and national diplomats; stresses, however, the need for broader and more systematic training programmes which would raisand CSDP Missions and calls for the strengthening of knowledge on freedom of thought, conscience, religion and belief to increase the awareness of and increase the use of the EU Guidelines among the EU’'s and Member States’ officials and diplomats and strengthen cooperation with the Special Envoy; asks for churches and religious communities and associat; notes, in this respect, the efforts made to date by the EEAS and the Commissions to be involved in this training process; calls on the Commission and the Council to earmark resources for establishing such training programmeprovide training on the situation of religious minorities as well as non-believers to EU officials and national diplomats;
Amendment 184 #
2018/2155(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and the EEAS to produce EU Annual Reports on FoRBcontinue including a chapter on freedom of thought, conscience, religion and belief within the EU Annual Reports on human rights and democracy in the world, to be communicated to the European Parliament and the Council; notes that the EU Guidelines on FoRB provide for an evaluation of their implementation by COHOM after a period of three years, and that no such evaluation has been communicated or made public; calls for the evaluation to be made public without delay; considers that the evaluation should highlight best practices, identify areas for improvement, and provide concrete recommendations on implementation in accordance with a specified timeline and milestones subject to regular annual evaluation; calls for the evaluation to be included in the EU Annual Reports on FoRBHuman rights and democracy in the world;
Amendment 186 #
2018/2155(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 198 #
2018/2155(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the EU commitment to promoting FoRBfreedom of thought, conscience, religion and belief in multilateral fora, in particular within the UN, the Council of Europe and the OSCE and with the Organisation of Islamic Cooperation (OIC); supports, in this respect, EU cooperation with the UN Special Rapporteur on freedom of religion or belief, and the Office of the UN High Commissioner for Human Rights; recommends continuing the EU practice of taking the lead on resolutions at the UNGA and UNHRC on FoRBfreedom of thought, conscience and religion and seeking to build alliances and defend common positions with third countries and international organisations; calls on the EEASU and the OIC to consider preparing a joint resolution on FoRBfreedom of thought, conscience, religion and belief within the UN framework;
Amendment 206 #
2018/2155(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Expresses its satisfaction that FoRBfreedom of thought, conscience, religion and belief is identified as a priority of the European Instrument of Democracy and Human Rights (EIDHR); welcomnotes the significant increase of EIDHR funding allocated to FoRB-related projects since the adoption of the EU Guidelines; calls on the Commission and the EEAS to ensure that EU diplomatic work for the promotion of FoRBhuman rights, including freedom of thought, conscience, religion and belief and EIDHR-funded projects is mutually reinforcing; stresses that FoRBfreedom of thought, conscience, religion and belief can also be supported by other instruments than human rights- oriented funds, among others those dedicated to the conflict prevention dimension or to education and culture; calls on the Commission and the Council to maintain sufficient funding for FoRB-human rights related projects, including equal treatment of all convictions, under the EU external financial instruments, within the Multiannual Financial Framework (MFF) for 2021-2027;
Amendment 216 #
2018/2155(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that the EU’s policies in the fields of peace, security and conflict prevention and development and cooperation face challenges, for which solutions can be devised with the participation among others of churches, religious leaders, academics, religious communities and associations or faith- based organisations that are a critical part of civil societyas well as non- confessional organisations; acknowledges the importance of being mindful of the diversity of churches, religious communities and associations and faith- based and secular organisations which perform actual development and humanitarian work for and with communities; calls on the Council and the Commission to incorporate, where relevant, objectives and activities relating to the promotion and protection of FoRB into the programming of funding instruments linked to those policies, namely the EDF, the DCI, the ENI, the IcSP and the IPA;
Amendment 20 #
2018/2154(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas there is a lack of agreed definitions of PSCs, PMCs and of their services; whereas, as suggested by the definition included in the draft convention prepared by the UN Working Group on Mercenaries, a PMSC can be defined as a corporate entity which provides on a compensatory basis military and /or security services by physical persons and/or legal entities; whereas military services in this context can be defined as a specialised services related to military actions including strategic planning, intelligence, investigation, land, sea or air reconnaissance, flight operations of any type, manned or unmanned, satellite surveillance and intelligence, any kind of knowledge transfer with military applications, material and technical support to armed forces and other related activities; whereas security services can be defined as armed guarding or protection of buildings, installations, property and people, any kind of knowledge transfer with security and policing applications, development and implementation of informational security measures and other related activities;
Amendment 30 #
2018/2154(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, outside the territory of the EU, PMSCs have been accused of engaging in a number of human rights violations and incidents resulting in loss of life; whereas such incidents amount in some cases to serious violations of international humanitarian law, including war crimes;
Amendment 44 #
2018/2154(INI)
Motion for a resolution
Recital C
Recital C
Amendment 48 #
2018/2154(INI)
Motion for a resolution
Recital D
Recital D
Amendment 51 #
2018/2154(INI)
Motion for a resolution
Recital E
Recital E
Amendment 56 #
2018/2154(INI)
Motion for a resolution
Recital F
Recital F
Amendment 60 #
2018/2154(INI)
Motion for a resolution
Recital G
Recital G
Amendment 65 #
2018/2154(INI)
Motion for a resolution
Recital H
Recital H
Amendment 71 #
2018/2154(INI)
Motion for a resolution
Recital I
Recital I
Amendment 76 #
2018/2154(INI)
Motion for a resolution
Recital J
Recital J
Amendment 82 #
2018/2154(INI)
Motion for a resolution
Recital K
Recital K
Amendment 87 #
2018/2154(INI)
Motion for a resolution
Recital L
Recital L
Amendment 99 #
2018/2154(INI)
Motion for a resolution
Recital M
Recital M
Amendment 109 #
2018/2154(INI)
Motion for a resolution
Recital P
Recital P
Amendment 115 #
2018/2154(INI)
Motion for a resolution
Recital R
Recital R
R. whereas initiatives such as the Montreux Document and the ICoC have helped to clarify and raise awareness of states’ obligations with respect to PMSCs; whereas these initiatives are non-binding and voluntary, with no significant penalty for non-compliance or for the commission of human rights violations, beyond being expelled from the International Code of Conduct for Private Security Service Providers’ Association and losing out on valuable contract; whereas the EU and 23 Member States have joined the Montreux Document acknowledging their positive aspects; whereas the Montreux Document applies only in times of armed conflict; whereas the International Code of Conduct for Private Security Service Providers does not feature accountability or enforceable remedies for victims;
Amendment 142 #
2018/2154(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Expresses its concern at the proliferation of PSCs in the EU and PMSCs worldwide and the impact of the activities of PMSCs on the enjoyment of human rights; is alarmed by serious violations of human rights and international humanitarian law linked to the activities of PMSCs and the lack of accountability for many abuses;
Amendment 160 #
2018/2154(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance of preventing and protecting against human rights abuses perpetrated by PMSCs; reiterates the need for PMSCs, when operating in host countries, and in particular in those that differ significantly in terms of culture and religion, to be mindful of local customs and habits so as not to jeopardise the effectiveness of their mission and alienate the local population; requires PMSCs personnel to be trained in human rights and humanitarian law standards to safeguard against human rights violations;
Amendment 175 #
2018/2154(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights the importance of regular independent monitoring, including through randomised field visits, to ensure oversight and put an immediate end to abuse; cCalls on the European External Action Service (EEAS) delegations in countries where PMSCs are operating to monitor their activities and provide regular feedback on their actions;
Amendment 185 #
2018/2154(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Holds the view thatUrges that, in line with UN human rights commitments, states have the obligation to investigate and prosecute in cases where PMSCs have committed human rights abuses;
Amendment 210 #
2018/2154(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises the need to ensure effective remedies, including reparation, commensurate with the scale of violations committed for all victims of human rights abuses committed by PMSCs;
Amendment 212 #
2018/2154(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Affirms that victims require easy and safe access to the judicial system, especially in cases of gross violations, and to non-judicial remedy procedures, and rejects any obstacle to victims that could be put in place when fighting for their right to access to justice and to remedy; highlights the importance to prioritize the protection of civilians and bring perpetrators to justice, including mercenaries and foreign fighters who had committed human rights violation on all sides of past conflicts;
Amendment 214 #
2018/2154(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. UBelieves that, as a first step, the EU should define relevant military and security services in a precise way, and furthermore create an EU regulatory framework binding for all EU Member States, that would include a blacklist of companies not complying with EU human right standards; urges the Council, in this respect, to add military and security services to PSCs to the Common Military List of the European Union without delay; underlines the importance of ensuring that no gaps exist in protection from human rights abuses; sees a need to improve regulation of PMSCs so as to close any existing gaps;
Amendment 217 #
2018/2154(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Accentuates the importance of contextualizing the Montreux Document to address challenges to specific national regulators, and promote a dedicated exchange on existing good practices in PMSCs regulation faced by national petitioners; at the EU level, stresses the importance to subject the use of PSCs to effective parliamentary control as a foreign policy tool;
Amendment 220 #
2018/2154(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers an international binding instrument to be an appropriate option to ensure that human rights are fully protected wherever PMSCs operate; takes the view thatsupports, as it is in the interest of all stakeholders, the development of an international regulatory framework is in the interest of all stakeholders, as ito provides for legal certainty, remedies, uniformity and objectivity with respect to international standards and thereby to creates a level playing field at global level; in this sense supports the EU contribution, in the context of the UN Human Rights Council, in view of setting up an international regulatory framework;
Amendment 246 #
2018/2154(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Member States, the EEAS and the Commission to promote and strongly support the Human Rights Council working groups (special procedures and intergovernmental) and to aim for the creation of a universal UN convention aimed ; stresses that establishing an international legal regime to regulate relevant services provided by PMSCs which couldill complement national legislation and voluntary initiatives in providing effective and robust regulation of PMSCs and close existing gaps;will establish important and uniform obligations for States and PMSCs.
Amendment 322 #
2018/2103(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the European Commission to abolish the use of the Cooperation and Verification Mechanism (CVM) applied only to two Member States, as it is a discriminatory tool that is often abusively used for political purposes rather than acting as a European mechanism to safeguard and promote the rule of law;
Amendment 1 #
2018/2053(INI)
Motion for a resolution
Recital Β
Recital Β
B. whereas the most appropriate EFP model will mostly depend on the size, activity and status of the company, especially if it is listedmust be carefully chosen by the individual company and its workers taking due account of the specific national taxation rules and sectoral context, and will mostly depend on the size, activity and status of the company, especially if it is listed; whereas it is not appropriate to develop a comprehensive ‘one size fits all’ model for EFP at EU level;
Amendment 1 #
2018/2053(INI)
Motion for a resolution
Citation 17
Citation 17
– having regard to the Commission green paper entitled ‘Building a Capital Markets Union’, published on 18 February 2015 (COM(2015)0063)Mid Term review of the Capital Markets Union Action Plan COM(2017) 292, published on 08.06.2017,
Amendment 2 #
2018/2053(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 3 #
2018/2053(INI)
Motion for a resolution
Recital C
Recital C
C. whereas ESOPs are commonly preferred by employees, because thea form of EFP using an intermediate entity used canable to exercise voting rights or other forms of governance on behalf of employees, and could be voluntarily chosen by them;
Amendment 4 #
2018/2053(INI)
Motion for a resolution
Recital D
Recital D
D. whereas EFP schemes involving workers in consultation and decision- making have proven3 benefits for both employees and the company including in terms of sustainable governance, transparency, social dialogue, mutual respect between employers and employees, and other aspects such as recruitment, retention, absenteeism, motivamotivation, job satisfaction and skills development;, as well as overall performance and profitability; __________________________________ 3 ANNUAL ECONOMIC SURVEY OF EMPLOYEE SHARE OWNERSHIP IN EUROPEAN COUNTRIES 2017 - by MARC MATHIEU EUROPEAN FEDERATION OF EMPLOYEE SHARE OWNERSHIP
Amendment 5 #
2018/2053(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas employee participation in decision making could improve organisational performance and employees’ quality of working life and whereas it could act as a workplace innovation tool4 to promote a sense of ownership, enhance the flow of information in the company, and improve levels of trust between employers and employees; –––––––––––––––––––––––––––––––––– 4Workplace innovation in European companies. Eurofound. 2016
Amendment 5 #
2018/2053(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, according to the data from the 2013 European Company Survey, 62% of European establishments use some form of variable pay; whereas the most common type is pay linked to individual performance and assessed by management appraisal (43%), followed by payment by results (34%), profit sharing (30%) and pay linked to group performance (25%); whereas share- ownership schemes are used by 5%of establishments;
Amendment 6 #
2018/2053(INI)
Motion for a resolution
Recital E
Recital E
E. whereas EFP schemes couldan have positive impacts on the economy of Member States by supporting companies, including SMEs and the job market; whereas workers’ financial participation in their company can contribute to job satisfaction, sense of ownership, mutual respect between employers and employees, overall performance and can help employees find opportunities in their home countries;
Amendment 7 #
2018/2053(INI)
Motion for a resolution
Recital F
Recital F
F. whereas in the context of the development of the Capital Market Union, the EFP canould contribute to overcoming widespread reluctance among retail investors to invest their savings in shares owing to a lack of knowledge about its benefits and risksthe CMU objectives of inclusive growth and transparency in economic activity; whereas EFP, if coupled with training for participants provided by companies and Member States, could improve financial education amongst EU citizens, potentially reducing their reluctance to invest, and potentially increasing retail investment;
Amendment 7 #
2018/2053(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Amendment 8 #
2018/2053(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas EFP must go hand-in- hand with a high level of information, training and consultation with staff so that they are fully aware of the functioning of the financial participation schemes that they could join, to enable them to make a fully informed assessment of the potential benefits and risks of these schemes, such as in the case of the company’s bankruptcy;
Amendment 9 #
2018/2053(INI)
Motion for a resolution
Recital G
Recital G
G. whereas EFP can help, by involving employees in the decision making process, depending on the specificity of the scheme, in some cases, EFP can help companies, including SMEs with respect to restructuring and business continuity by addressing company succession problemand generational renewal problems, for example in family businesses;
Amendment 10 #
2018/2053(INI)
Motion for a resolution
Recital H
Recital H
H. whereas EFP, especially ESOPs or similar schemes could act as a shock absorber, allowing bonuses or other rewards to be managed in trusts by third parties, spreading the investment risk among the company’s principal shareholders and ensuring that workers have a portfolio of saved sharesbearing in mind that EFP has positive and negative elements to it;
Amendment 11 #
2018/2053(INI)
Motion for a resolution
Recital I
Recital I
I. whereas an ESOP is an example of an effective employee buy-out model for non-listed companies in which an intermediate entity acquires the shares for theEFP bears some financial risks, it might as well, act as a shock absorber, allowing bonuses or other rewards and also ensuring that workers have a portfolio of saved shares; whereas ESOPs in particular may be an example of an employee buy-out model for non-listed companies where the priority buy-out process could allow employees, to protecnting them from additional riskally safeguard their own jobs when there is the possibility of buyouts by other companies;
Amendment 12 #
2018/2053(INI)
Motion for a resolution
Recital J
Recital J
J. whereas measures are therefore needed to protect employees from facing double risks such as losing both their job and the capital invested when their employer is impacted by a crisis, whereas EFP may not be used to reduce the social and employment rights acquired by employees, must not replace normal basic pay, other forms of remuneration or contributions to pension schemes, and must not be a way to transfer risks onto the worker or not to comply with labour law;
Amendment 13 #
2018/2053(INI)
Motion for a resolution
Recital K
Recital K
K. whereas participation in the EFP should remain voluntary for employees, particularly in SMEs while not affecting their mobilitylabour market mobility; their social security or their rights to take collective action; whereas employees should therefore have access at all times to information regarding the economic situation of the company, with the exception of its trade secrets and commercially sensitive information, and be informed of the advantages and disadvantages of each EFP scheme available;
Amendment 14 #
2018/2053(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the current European Social Fund could support frameworks similar to Sociedades Laborales as a supporting active labour market policy throughout Europpromotes social entrepreneurship and the social and solidarity economy and the upcoming ESF Plus should continue to do so, and whereas Employee Financial Participation can make a valuable contribution to the development of the social and solidarity economy by, for example, making investment or funding more accessible;;
Amendment 14 #
2018/2053(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas participative change in a company nourishes an environment of trust between management, employees and their representatives and whereas social dialogue can help inform employees about adaptation needs, promote employee involvement in operations, and engage the workforce in debates about the future of their company1b; __________________ 1b Innovative changes in European companies, Eurofound 2017
Amendment 15 #
2018/2053(INI)
Motion for a resolution
Recital P
Recital P
P. whereas EFP could be a complementary tool to the European Globalisation Adjustment Fund, which supports re- skilling and EFP, is an avenue fhelps people who have lost their jobs as a result of major structural changes due to globalisation or econtinuously training workers, maintaining their employability and reducing the risks of getting laid offomic and financial crisis, with respect to re-skilling, training, supporting self-employment, business start-ups and employee takeovers;
Amendment 16 #
2018/2053(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas EU guidelines for EFP willcould help Member States develop EFP schemes throughout Europe,frameworks for EFP schemes that could potentially leading to the benefits mentioned aboveboth for employers and employees as well as increase public awareness of EFP;
Amendment 17 #
2018/2053(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to consider appropriate measurerecommendations to encourage Member States and companies that show an interest in EFP to develop and offer EFP schem, particularly SMEs, to develop and offer EFP schemes which: - protect workers’ income safety, - do not exploit workers in a crisis situation, - do not shift entrepreneurial risk to workers, - guarantee a high level of protection to the workers investments, for the benefit and in the interest of both employees and companies;
Amendment 17 #
2018/2053(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas employee participation could be used as a workplace innovation tool in order to promote organisational change and renewal and hence improve the quality of working life and organisational performance1c; __________________ 1cWorkplace innovation in European companies. Eurofound. 2016
Amendment 18 #
2018/2053(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to provide incentivnon-mandatory incentives, including tax incentives, while not overriding national taxation rules, in line with best practice principles, when promoting employee ownership schemes among companies and employees while supporting the highest standards of social protection for the employees and safeguarding their right to collective action;
Amendment 19 #
2018/2053(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that EFP has to be embedded in a system of workers’ involvement, for example in company decision making, including through workers’ representatives and that EFP must not be a substitute for fair and decent pay nor an alternative to public pensions or to collectively agreed pension schemes;
Amendment 19 #
2018/2053(INI)
Motion for a resolution
Recital E
Recital E
E. whereas EFP schemes could haveCapital Markets Union reaches to empower retail investment and can support EFP schemes by contributing to overcoming widespread reluctance among retail investors to invest their savings in shares owing to a lack of knowledge about its benefits and risks, thus eventually positively impactsing on the economy of Member States by supporting SMEs and the job market;
Amendment 20 #
2018/2053(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission and the Member States to provide dedicated websites, that would include model profit- sharing agreements for SMEs and VSEs for ease of implementation; information about attached risks and other relevant material; further calls on the Commission and Member States to continue collecting data on the use and spread of financial participation schemes, as well as to examine the impact of financial participation on the functioning of the company, the quality of its work and retention of workers, with the help of the European Foundation for the Improvement of Living and Working Conditions;
Amendment 21 #
2018/2053(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that, to avoid administrative and development costs associated with implementing EFP in corporations and SMEs, there are outsourcing options, but these need to be promoted; Calls on the Member States and the Commission to assist companies which show an interest in EFP with solutions and specific support measures to avoid excessive administrative and development costs associated with implementing EFP in companies and especially SMEs and encouraging the outsourcing operators such as banks and investment funds, to propose simple EFP schemes tailored to suit this type of company, while making sure intermediaries do not take advantage of the smallest companies, or that there are no hidden costs;
Amendment 22 #
2018/2053(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to engage with social partners, employee ownership organisations and other stakeholders to design the most appropriate EFP schemes,at the beginning of the process in order to design the most appropriate EFP frameworks, and when a EFP scheme is considered relevant, to negotiated it on a ‘plant-by-plant’ basis andwhile considering the size and type of company, its workforce and financial situation, but also the national legislation and practices;
Amendment 22 #
2018/2053(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the European Employment Strategy and the Europe 2020 Strategy set priorities to improve the quality of jobs and ensure better working conditions and whereas increasing employee participation in company financial results and offering better rewards could help to meet these goals;
Amendment 23 #
2018/2053(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that the decision to join EFP schemes should be based ontotally voluntary, meaning no action should be taken against the employees if they decide not to join an EFP scheme and when they agree, their participation should be based on appropriate training and the informed consent of an employee, fully aware of his or her entitlements, obligations and risks, of the situation of the company and, of the advantages and disadvantages of each scheme, of the taxation effects when joining the scheme and the conditions which apply when he or she leaves the company or the scheme;
Amendment 24 #
2018/2053(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that EFP benefits should always be complementary to the contractual remuneration and rightsshould not replace or diminish normal basic remuneration or any other form of contribution such as social security contributions, but should be complementary to all social and contractual rights; this being a pre- condition to implementing EFP;
Amendment 25 #
2018/2053(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to consider the rapid evolution and change of the labour market and the consequent challenges regarding skills, digitalisation, automation and, potentially, wealth inequalities, and thereforesocial security cuts; and continuously create new opportunities for the labour force to adapt in order to be financially sustainable and independentto support and protect workers as to adapt and develop professionally and personally;
Amendment 35 #
2018/2053(INI)
Motion for a resolution
Recital H
Recital H
H. whereas EFP, especially ESOPs or similar schemes could act as a shock absorber, allowing bonuses or other rewards to be managed in trusts by third parties, spreading the investment risk among the company’s principal shareholders and ensuring that workers have a portfolio of saved shares;
Amendment 98 #
2018/2053(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Considers that ESOPs should also allow employee to use the ESOP account for other equity than that of the current employer, as to mitigate concentration risk, particularly for SMEs;
Amendment 155 #
2018/0206(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure that the social dimension of Europe as set out in the European Pillar of Social Rights is duly put forward and that a minimum amount of resources is targeting those most in need Member States should allocate at least 250% of their national ESF+ resources of the ESF+ strand under shared management to fostering social inclusion.
Amendment 321 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iii
Article 4 – paragraph 1 – point iii
(iii) promoting women’s labour market participation, a better work/life balance including access to childcare, a healthy and well–adapted working environment addressing health risks, adaptation of workers, enterprises and entrepreneurs to change, and active and healthy ageing;
Amendment 332 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iii a (new)
Article 4 – paragraph 1 – point iii a (new)
(iiia) promoting adaptation of workers, enterprises and entrepreneurs to change, active and healthy ageing and a healthy and well–adapted working environment addressing health risks;
Amendment 376 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point xi a (new)
Article 4 – paragraph 1 – point xi a (new)
(xia) promoting research, development and innovation within the specific objectives of the ESF+;
Amendment 461 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall allocate at least 250% of their ESF+ resources under shared management to the specific objectives for the social inclusion policy area set out in points (vii) to (xi) of Article 4(1), including the promotion of the socio- economic integration of third country nationals.
Amendment 520 #
2018/0206(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The resources referred to in Article 7(4) shall be programmed under a part of a priority, dedicated priority or programme.
Amendment 521 #
2018/0206(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Support in accordance with Article 7(5) shall be programmed under a part of a priority or a dedicated priority and it shall support the specific objective set out in point (i) of Article 4(1).
Amendment 538 #
2018/0206(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The actions addressing the challenges identified in relevant country-specific recommendations and in the European Semester as referred to in Article 7(2) shall be programmed under one or more dedicated prioritiesany of the specific objectives referred to in Article 4(1).
Amendment 559 #
2018/0206(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Each Member State shall dedicate at least one priority to the implementation of paragraphs 1 or 2 or to both. The maximum co-financing rate for these priorities may be increased to 95% for the allocation of maximum 5% of the national ESF+ allocation under shared management to such priorities.
Amendment 565 #
2018/0206(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
Amendment 572 #
2018/0206(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 683 #
2018/0206(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
The Employment and Social Innovation strand and Health strand shall be implemented by work programmes referred to in Article [108] of Financial Regulation. Work programmes shall set out, where applicable, the overall amount reserved for blending operations. The Commission shall adopt, by means of implementing acts, annual work programmes which shall set out, in particular, actions to be undertaken, including the indicative allocation of financial resources. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2a).
Amendment 697 #
2018/0206(COD)
Proposal for a regulation
Article 39 – title
Article 39 – title
Committee Procedure for the ESF+ strand under shared management
Amendment 698 #
2018/0206(COD)
Proposal for a regulation
Article 39 – paragraph 2 a (new)
Article 39 – paragraph 2 a (new)
2a. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Amendment 38 #
2017/2275(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, to date, more than 7050 million girls have married before the age of 18, of whom 250 million were married before the age of 15; whereas early and forced marriages are more frequent in poor, under-developed regions; whereas the number of early and forced marriages is increasing as the global population grows, according to a recent UNICEF report which estimates that in 2050 around 1.2 billion girls will have married before the age of 18;
Amendment 44 #
2017/2275(INI)
Motion for a resolution
Recital C
Recital C
C. whereas child, early and forced marriages are linked to a high risk of early and unwanted pregnancies, high rates of maternal mortality, lower use of family planning and unwanted pregnancies, and usually signal the end of a girl’s education;
Amendment 68 #
2017/2275(INI)
Motion for a resolution
Recital E
Recital E
E. whereas child-mothers are exposed to, early and forced marriage exposes girls to early childbearing involving considerable risks and difficulties during pregnancy and childbirth, particularly owing to highly inadequate or non-existent access to medical support, frequently resulting in maternal mortality; whereas there is an increased risk of contracting viral infections such as HIV;
Amendment 74 #
2017/2275(INI)
Motion for a resolution
Recital F
Recital F
F. whereas child marriages are a violation of the rights of the child and a form of violence against girls, and whereas, as such, they must be condemned; whereas early and forced marriages are often associated witht the origin of domestic violence and sexual abuse; and other practices harmful to girls and women, such as female genital mutilation and so-called honour crimes;
Amendment 99 #
2017/2275(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on legislators, both in the EU and in third countries, to set the minimum age for marriage at 18 years and to provide themselves with theadopt necessary administrative, legal and financial means to be able to comply with this requiresures to ensure effective implementation of this requirement and to ensure that girls have access to institutional support mechanisms including psycho-social counselling, protection mechanisms and opportunities for economic empowerment;
Amendment 134 #
2017/2275(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that in order to comprehensively tackle early and forced marriage, the European Union, as a major actor in global development, must play a leading role; calls upon EU Member States to contribute to initiatives such as the EU-UN Spotlight Initiative focused on eliminating all forms of violence against women and girls;
Amendment 174 #
2017/2275(INI)
Motion for a resolution
Paragraph 8 – point d
Paragraph 8 – point d
d. the level of public development aid allocation to government authorities is made dependent on the recipient country’s commitment to complying with the requirements in the fight against early and forced marriage;
Amendment 182 #
2017/2275(INI)
Motion for a resolution
Paragraph 8 – point e
Paragraph 8 – point e
e. the United Nations Population Fund (UNFPA) and United Nations Children’s Fund (UNICEF) programme is implemented in triangular cooperation involving these organisations, the European Union and the developing, civil society organisations working in this field and the partner countries in combating early and forced marriage, prioritising programmes and methods likely to go beyond so-called cultural, religious or tribal practices that, in reality, constitute the worst violations of the rights of children and their dignity of girls;
Amendment 216 #
2017/2275(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the European Union to ensure that training is provided to law enforcement agencies so that they are better able to uphold the rights of girls exposed to forced and early marriage, domestic violence, the risk of rapsexual violence and any other practice which undermines human dignity;
Amendment 50 #
2017/2224(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers it critical that universities need to embed the explicit teaching of digital competences into teacher education courses and constantly update these competences through professional development during their career;
Amendment 51 #
2017/2224(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Member States to introduce explicit updated digital literacy education from early stages within their formal education systems;
Amendment 12 #
2017/2206(INI)
Motion for a resolution
Recital B
Recital B
B. whereas traditional indigenous territories encompass approximately 22 % of the world’s land surface and are estimated to hold 80 % of the planet’s biodiversity; whereas the tropical forests inhabited by indigenous peoples and local communities contribute, at least for one quarter, to store carbon across the tropical forest biome, making them valuable in any strategy to address climate change; whereas, due to their close relationship with the land and their lifestyle, which is directly reliant on the consistency and availability of natural resources, indigenous people are the most vulnerable to the negative impact generated by climate change;
Amendment 42 #
2017/2206(INI)
Motion for a resolution
Recital F
Recital F
F. whereas increasing demand and growing competition over natural resources is driving a ‘global land rush’ that in several countries is putting the territories traditionally inhabited and used by indigenous peoples and local communities under unsustainableconstant pressure; whereas the exploitation of those natural resources by the agribusiness, energy, timber and mining sectors, among other extractive industries, as well as by illegal logging and large infrastructure and development projects, constitutes one of the main causes of enduring conflict over land tenure and the main cause for water and soil contamination;
Amendment 69 #
2017/2206(INI)
Motion for a resolution
Recital K
Recital K
K. whereas a great number of EU- based investors and companies are involved in hundreds of land acquisition operations in Africa, Asia and Latin America, which sometimes leads to violations of the rights of indigenous and local communities; whereas in many cases, given ththey have multiple foreign ramifications of those actors, it can prove, which can make it difficult to trace their roots directly to the EU and its Member Statescountries of origin;
Amendment 73 #
2017/2206(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the obligation to protect and provide access to remedy under the European Convention on Human Rights applies both to extraterritorial activities and to domestic activities with extraterritorial impact; whereas the degree of commitment of the EU and its Member States to their extraterritorial obligations is currently very weakshould be considerably increased;
Amendment 76 #
2017/2206(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. E. whereas the EU provides assistance for the promotion and protection of democracy and human rights worldwide through the European Instrument for Democracy and Human Rights (EIDHR), which is complementary to its other external assistance instruments and is mainly channelled through civil society organisations; whereas due to its mechanism protectdefenders.eu, EU provides swift assistance to Human Rights Defenders at risk, helps them meet their most urgent needs and reinforces their capacities to do their work in the medium and long term;
Amendment 95 #
2017/2206(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on all states, including the EU and the Member States, to include indigenous peoples and rural communities in their strategies for tackling climate change; notes that the lives and identities of indigenous people depend heavily on their close relationship with the land, which in case of irreparable damage left by climate change, can force them to migrate and lead to their double discrimination - as environmentally displaced people and indigenous people;
Amendment 101 #
2017/2206(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on all states, including the European Union and its Member States, to recognise indigenous peoples as equal partnerthe importance of consulting indigenous peoples in all deliberations on issues that could affect them;
Amendment 106 #
2017/2206(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the EU and its Member States to redouble their efforts in order to ensure the physical integrity and the legal assistance of indigenous, environmental and land rights defenders; , with dedicated attention to women human rights activists; stresses, in this context, the importance of the EIDHR-supported mechanism ProtectDefenders.eu and calls for its continuation and increase in its funding, so that it can timely respond to the requests of the human rights defenders at risk;
Amendment 129 #
2017/2206(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Remains concerned about the situation with respect to land grabbing as a result of corrupt practices by corporations, foreign investors, national and international State actors, officials and authorities; underlines that corruption enables land grabbing, often with forced evictions, by, inter alia, granting third parties tainted control of land without the consent of the people who live on that land, particularly indigenous people;
Amendment 134 #
2017/2206(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges the EU and its Member States to monitor and publicly reprequire disclosure and to monitort the land acquisitions involving EU-based corporations and actors or EU-funded development projects, in countries where such deals could result in the violation of human rightorder to increase the transparency and accountability of those acquisitions, instructing and capacitating EU Delegations and embassies for that purpose ;
Amendment 137 #
2017/2206(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 143 #
2017/2206(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the EU and its Member States to promote and support indigenous peoples' organisations that have a social development agenda which designs and develops legal and institutional framework for the demarcation and titling of indigenous territories; outlines that recognizing and formalizing indigenous peoples’ lands and empowering indigenous people’s authorities and community members would ensure sustainability, social accountability and would contribute to the resolve of land disputes and conflicts within the state;
Amendment 157 #
2017/2206(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the EU to set up a grievance mechanism, in accordance with the Commission Recommendation 2013/396/EU adopted on 11 June 2013, whereby indigenous and local communities can lodge complaints regarding violations and abuses of their rights resulting from EU-based business activities or EU development or investment projects, regardless of the country where the violations and abuses occurred, in order to ensure that the victims have effective access to justice, as well as to technical and legal assistance; calls on the EU and the Member States to engage in the negotiations to adopt a legally binding international human rights instrument for transnational corporations and other companies;
Amendment 163 #
2017/2206(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 185 #
2017/2206(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on all states to ensure that indigenous communities benefit from sustainable tourism revenues and are protected from the adverse impact ofthat mass tourism might bring, and welcomes examples of shared management of reserves and protected areas that allow better protection of ecosystems and control of tourism flows;
Amendment 202 #
2017/2206(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the EU to ensure that all EU-funded development projects that could in any way negatively affect the livelihoods, lands andare taking place on the lands and involve resources of indigenous peoples rigorously comply with the principle of free, prior and informed consent;
Amendment 209 #
2017/2206(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the EU to establish the obligation to carry out impact assessment studies prior to the conclusion of trade and cooperation agreements and to the implementation of development projects, in order to measure and prevent their deleterious effects on the rights of indigenous and local communities;
Amendment 23 #
2017/2122(INI)
Motion for a resolution
Citation 21
Citation 21
— having regard to the EU Annual Report on Human Rights and Democracy in the World in 20165,
Amendment 36 #
2017/2122(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Article 21 of the TEU commits the EU to developing a common foreign and security policy (CFSP) guided by the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principle of equality and solidarity, including women's rights and gender equality and compliance with the UN Charter, the Charter of Fundamental Rights of the European Union and international law;
Amendment 38 #
2017/2122(INI)
Motion for a resolution
Recital B
Recital B
B. whereas today’s worldwide abuses of human rights and fundamental freedoms, including crimes against humanity, war crimes and genocides, necessitate determined efforts on the part of the whole international community;
Amendment 47 #
2017/2122(INI)
Motion for a resolution
Recital D
Recital D
D. whereas an increasing number of human rights violations amounting to war crimes and crimes against humanity, including genocide, are being committed by state and non-state actors;
Amendment 48 #
2017/2122(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas children and women face increasing threats, discrimination and violence, especially in war zones and authoritarian regimes;
Amendment 49 #
2017/2122(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas gender equality is at the core of European values and enshrined within the EU’s legal and political framework;whereas violence and discrimination against women and girls has dramatically increased during the recent years;
Amendment 52 #
2017/2122(INI)
Motion for a resolution
Recital E
Recital E
E. whereas freedom of thought, conscience, religion and belief, as well as the right to apostasy and the right to adopt atheistic views must be enhanced unconditionally through interreligious and intercultural dialogue;
Amendment 58 #
2017/2122(INI)
Motion for a resolution
Recital F
Recital F
F. whereas Article 207 of the TFEU stipulates that the EU’s commercial policy is to be based on the principles and objectives of the Union’s external action; whereas trade and human rights reinforce each other, and whereas the business community has an important role to play in offering positive incentives in terms of promoting human rights, democracy and corporate responsibility;
Amendment 66 #
2017/2122(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas in fragile, conflict-prone or oppressive societies, elections can at times trigger widespread political violence;
Amendment 76 #
2017/2122(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas human rights and democracy support policies should be mainstreamed across all other EU policies with an external dimension, such as development, migration, security, counter- terrorism, women’s rights and gender equality, enlargement and trade in particular through the implementation of human rights conditionality;
Amendment 92 #
2017/2122(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates its firm belief that the EU and its Member States must actively pursue the principle of mainstreaming human rights and democracy in all EU policies, including those with an external dimension, such as development, migration, security, counter-terrorism, enlargement and trade, in particular through the implementation of human rights conditionality; reiterates, in this regard, the crucial importance of ensuring increased coherence between the EU’s internal and external policies;
Amendment 104 #
2017/2122(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 107 #
2017/2122(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 114 #
2017/2122(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Expresses grave concern about the increasing number of attacks against religious minorities, in particular Christians, which are often committed by non-state actors such as ISIS/Daesh; deplores the attempts of state actors to limit freedom of religion and belief and freedom of expression by adopting and implementing blasphemy laws; calls for the EU and its Member States to step up their efforts to enhance respect for freedom of thought, conscience, religion and belief and to promote interreligious dialogue when engaging with third countries; requests concrete action towards the effective implementation of the EU Guidelines on the promotion and protection of freedom of religion or belief, including by ensuring the systematic and consistent training of EU staff at headquarters and in delegations; supports fully the EU practice of taking the lead on thematic resolutions on freedom of religion and belief at the UN Human Rights Council (UNHRC) and the UN General Assembly (UNGA); supports fully the work of the EU Special Envoy for the Promotion of Freedom of Religion or Belief outside the EU, Mr Ján Figel;
Amendment 132 #
2017/2122(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is deeply concerned that civil society is increasingly under attack worldwide, through, inter alia, a growing number of repressive laws adopted throughout the world, under the pretext of combating terrorism or disclosing "foreign agents"; recalls that independent civil society plays an essential role in the defence and advancement of human rights and in the functioning of democratic societies; deeply regrets the fact that human rights defenders, journalists and civil society activists are victims of harassment, intimidation and killings; calls for the EU and its Member States to constantly monitor and raise cases of violations of freedom of assembly and association, including the various forms of bans and limitations on civil society organisations (CSOs) and their activities, such as laws aiming at shrinking civil society space or the promotion of NGOs sponsored by governments (GONGOs) which mimic a functioning and free civil society space; calls, in addition, for the EU and its Member States to use all available means, such as human rights dialogues, political dialogues and public diplomacy, to systematically raise individual cases of human rights defenders (HRDs) and civil society activists at risk, particularly those in prison;
Amendment 141 #
2017/2122(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls for the establishment of a system to effectively monitor civil society space with clear benchmarks and indicators, to fill in the gaps in the overall framework under which the EU deals with the issue of civil society space, notably as regards the use and definition of terms around the enabling, conducive, legal environment for civil society;
Amendment 152 #
2017/2122(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers it deeply regrettable that torture, ill-treatment and the death penalty continue all over the world, and calls for the EU to intensify its efforts to eradicate these serious human rights violationsm; urges the EEAS and the VP/HR to engage more strongly in the fight against torture and other cruel, inhuman and degrading treatment or punishment, including the death penalty, through increased diplomatic efforts and more systematic public positioning; recommends that the EEAS, the EU delegations and the Member States use all existing instruments, such as the EU Guidelines on Torture, to their full potential; welcomes the fact that the UN’s resolution on a moratorium on the use of the death penalty was adopted by the UNGA in December 2016 with the support of 117 countries; calls on countries that still retain this practice to adopt a moratorium and abolish the death penalty;
Amendment 172 #
2017/2122(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Condemns the fact that women’s sexual and reproductive rights are frequently violated;emphasises that proper, affordable health care and universal respect for and access to sexual and reproductive rights and education should be ensured to all women;
Amendment 176 #
2017/2122(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Reaffirms the urgent need for the universal ratification and effective implementation of the UN Convention on the Rights of the Child and its Optional Protocols; underlines that children are often exposed to specific abuses, such as child marriages or genital mutilation, and therefore are in need of enhanced protection; requests that the EU systematically consult relevant local and international child rights organisations, and raise, in its political and human rights dialogues with third countries, States Parties’ obligations to implement the Convention; welcomes the Council of Europe Strategy for the Rights of the Child (2016-2021); requests that the EU continue to promote the EU-UNICEF Child Rights Toolkit for integrating child rights in development cooperation through its external delegations, and to train the EU delegation staff adequately in this field; reiterates its request for the Commission to propose a comprehensive children’s rights strategy and action plan for the next five years, in order to prioritise children’s rights within EU external policies; welcomes the fact that under the 2016 Development Cooperation Instrument, resources were allocated to support UN agencies in carrying out measures targeted to children’s rights;
Amendment 218 #
2017/2122(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reaffirms the fact that the activities of all companies, including European ones, operating in third countries should be in full compliance with international human rights standards; reaffirms, moreover, the importance of promoting corporate social responsibility and of European enterprises playing a leading role in promoting international standards on business and human rights; acknowledges that global value chains contribute to enhancing international core labour, environmental and social standards, and represent an opportunity for sustainable progress, especially in developing countries; outlines, however, that in case of business-related human rights abuses, the effective access to remedies for victims should be ensured;
Amendment 240 #
2017/2122(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Strongly condemns the heinous crimes and human rights violations committed by state actors, as well as non- state actors such as Boko Haram in Nigeria and, ISIS/Daesh in Syria and Iraq and Houthi in Yemen, among others; is horrified at the vast range of crimes committed, including murder, torture, rape as a weapon of war, enslavement and sexual slavery, the recruitment of child soldiers, forced religious conversions and the systematic killing of religious minorities, including Christians, Yazidis and others; emphasises that the EU and its Member States should support the prosecution of state actors, as well as members of non-state groups such as ISIS/Daesh by seeking a consensus within the UN Security Council to confer jurisdiction to the International Criminal Court (ICC);
Amendment 270 #
2017/2122(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Expresses profound concern at and solidarity with the large number of refugees and migrants who suffer grave human rights violations as the victims of conflicts, persecution, governance failures and illegal migration, trafficking and smuggling networks; stresses the urgent need to tackle the root causes of migration flows and therefore to address the external dimension of the refugee crisis, including by finding sustainable solutions to conflicts in our neighbourhood by developing, among others, cooperation and partnerships with the third countries concerned; underlines the need for a comprehensive human-rights-based approach to migration and calls for the EU to collaborate further with the UN, regional organisations, governments and NGOs;
Amendment 325 #
2017/2122(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Welcomes the adoption of the EU Annual Report on Human Rights and Democracy in the World 2015; cConsiders that the Annual Report is an indispensable tool for scrutiny, communication and debate on the EU’s policy on human rights and democracy in the world;
Amendment 339 #
2017/2122(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Acknowledges that Human Rights Dialogues with third countries can be an efficient tool for bilateral engagement and cooperation in the promotion and protection of human rights; welcomes the establishment of Human Rights Dialogues with a growing number of countries; urges the EEAS to ensure that women’s rights are included in all agendas and to systematically hold consultation meetings with civil society, including local civil society, before and after each Dialogue; praises and further encourages the involvement of civil society in preparatory dialogues; reiterates its call for the development of a comprehensive mechanism for monitoring and reviewing the functioning of Human Rights Dialogues;
Amendment 45 #
2017/2028(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas corruption diminishes public trust and weakens the ability of government to respect and protect human rights;
Amendment 57 #
2017/2028(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the economic consequences of corruption are extremely negative, especially in terms of its impact on increasing poverty and inequality among the population, the quality of public services, access to infrastructures, economic opportunities and loss of investment; whereas, for example, corruption costs the EU between €179 billion and €990 billion in GDP terms per year1a; _________________ 1a http://www.europarl.europa.eu/RegData/e tudes/STUD/2016/579319/EPRS_STU%2 82016%29579319_EN.pdf
Amendment 62 #
2017/2028(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in many countries there is a vicious circle between high levels of corruption andlead to low rates of human, social and economic development, low levels of education, limited civil and political rights and, little or no political competition and deficiencies in the rule of law;
Amendment 70 #
2017/2028(INI)
Motion for a resolution
Recital F
Recital F
F. whereas acts of corruption and human rights violations typically involve the misuse of power, lack of accountability and the institutionalisation of various forms of discrimination; whereas in countries where the rule of law is undermined by corruption, both the implementation and strengthening of legal frameworks are impeded by corrupt judges, lawyers, prosecutors, police officers, investigators and auditors2a; _________________ 2a http://www.ohchr.org/EN/Issues/Develop ment/GoodGovernance/Pages/AntiCorrup tion.aspx
Amendment 109 #
2017/2028(INI)
Motion for a resolution
Recital O
Recital O
O. whereas many civil society organisations, including anti-corruption associations and human rights associations, journalists, bloggers and whistle-blowers expose corruption, fraud, mismanagement and human rights violations despite serious personal risks, including retaliatory measures in the workplace; whereas lack of protection against reprisals, libel and defamation laws and lack of independent and credible investigation can all deter people from speaking out; whereas the EU has a duty to protect them, in particular by offering public support and making the most effective use of its instruments such as the European Instrument for Democracy and Human Rights (EIDHR); whereas the existence of a legal framework does not always guarantee proper implementation and effectiveness, and therefore ensuring compliance with existing legislation is indispensable; whereas those exposing corruption should be entitled to have the confidentiality of their identity maintained, subject to fair trial guarantees3a; whereas whistle-blowers should be granted international protection from prosecution3b; _________________ 3a https://www.coe.int/t/dghl/standardsetting/ cdcj/CDCJ%20Recommendations/CMRec (2014)7E.pdf 3b http://fra.europa.eu/sites/default/files/fra_ uploads/fra-2016-surveillance- intelligence-services_en.pdf
Amendment 4 #
2017/2027(INI)
Motion for a resolution
Citation 12
Citation 12
– having regard to its resolutions on Venezuela, in particular the resolutions of 8 June 2016 and 27 April 2017 on the situation in Venezuela2 , _________________ 2 Texts adopted, P8_TA(2016)0269. Texts adopted, P8_TA(2016)0269.
Amendment 7 #
2017/2027(INI)
Motion for a resolution
Citation 15
Citation 15
Amendment 8 #
2017/2027(INI)
Motion for a resolution
Citation 16
Citation 16
Amendment 11 #
2017/2027(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
– having regard to the Declaration by the European Parliament, the Council of the European Union and the European Commission on point (ii) of point (b) of Article 5(2) of Regulation No 233/2014 of the European Parliament and of the Council of 11 March 2014 establishing an instrument for development cooperation for the period 2014-2020,
Amendment 15 #
2017/2027(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Latin American and Caribbean region (LAC) constitutes a key partner for the EU when it comes to jointly facing current global challenges, such as the eradication of poverty, access to drinking water, peace and security, socioeconomic development, sustainabilitypeace and security, fight against corruption and impunity, socioeconomic development, lack of good governance, sustainability, the eradication of poverty, access to drinking water, the fight against climate change, the digital transformation and managing migration;
Amendment 25 #
2017/2027(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the 33 LAC countries have diverse political, economic and cultural realities that require different approaches within a coherent and consistent framework in the context of EU external action while always defending EU values on democracy and human rights;
Amendment 35 #
2017/2027(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the LAC region has undergone significant changes in the past decade, such as the elevation of a large part of the population to the middle class through economic reforms, social policies and the overall consolidation of democracy, but also the end of the commodities super-cycle that made millions of people vulnerable to falling back into poverty;
Amendment 53 #
2017/2027(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas respect to the rule of law and to a stable legal and political framework enables both regions to exercise a free enterprise and adequate investment environment that include safeguards to the principle of legal certainty;
Amendment 55 #
2017/2027(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the main geopolitical shifts currently in play in LAC countries, marked byincluding the increasing presence of Asian states seeking economic partnership in the region, require that the EUtrade and economic relations with some Asian countries, require that the EU continues more than ever standsing up as a truthful ally to its partners in the LAC region;
Amendment 61 #
2017/2027(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the EU is the main source of development assistance in the LAC region, as reflected in the DCI (Development Cooperation Instrument) 2014-2020, and whereas European cooperation is strong as a result of financial and triangular cooperation;
Amendment 84 #
2017/2027(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights the fact that the new geopolitical scenario reinforces the LAC region as a strategic priority and opportunity for the EU’s foreign policy, as both regions share a common vision of the world based on multilateralism, dialogue, sustainability, the rule of law and open societies;
Amendment 107 #
2017/2027(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that respect to rule of law and to stable political and legal framework are cornerstone for an adequate investment environment; in this sense, recalls the importance to ensure legal certainty for EU businesses in LAC countries;
Amendment 108 #
2017/2027(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that current global challenges, including the digital transformation, mass migration, cybersecurity, organised crime and terrorism, climate change, geopolitical shifts, inequality within anfight against corruption and impunity, lack of good governance, socioeconomic development, social and economic inequality within and across countries, geopolitical shifts, digital transformation, migration flows, climate change, organised across countries, and drug trafficking, offer new opportunities forime and terrorism, cyber security and drug trafficking, requires a strategic EU-LAC partnership in which a common vision is shared;
Amendment 116 #
2017/2027(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the goal of eradicating poverty and reducing inequality must be addressed through economic reforms, work opportunities, access to education, social cohesion and inclusion, and highlights the necessity of widening the middle class and protecting itall its citizens from the effects of economic cycles in the frame of democratic values and respect for human rights;
Amendment 133 #
2017/2027(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the need to develop sustainable and effective tax systems in both regions, together with an appropriate tax culture, that could foster the development of welfare states providing public goodand assuring public services, such as publicaccess to education, infrastructure and security to all citizens, and reiterates that tax havens and tax avoidance are detrimental to economic and social development, progress and prosperity and to social redistributive policies;
Amendment 148 #
2017/2027(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the effective inclusion of women in all spheres of political, economic and social life, with a view to enhancing their politicalactive participation in society, strenuously combatting femicides, guaranteeing the physical and psychological security, facilitating access to job market and employment equality, of women, and ensuring their fundamental rights, including sexual and reproductive rights;
Amendment 165 #
2017/2027(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the advances in freedoms and social rights made in the last decade, and the great efforts made to elaborate public policies to distribute wealth and economic growth equally; notes the necessity to guarantee the rightcalls on the authorities to respect and guarantee democratic principles, fundamental rights, freedoms and safety of religiouall citizens minorities,cluding indigenous groups, the and LGTBI community and populations in rural area; expresses its concerns over the lack of freedom of assembly, association and expression both online and offline that still remains in some Latin American countries;
Amendment 173 #
2017/2027(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Regrets the attacks against democratically elected opposition leaders, journalists, human rights defenders, in particular those working on environmental issues and their lawyers; calls on the authorities to take all the necessary measures to guarantee their physical and psychological integrity and to ensure immediate, thorough and impartial investigations in order to bring those responsible to justice in accordance with international standards;
Amendment 177 #
2017/2027(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Encourages EU Member States to consider adopting legislation providing for the possibility of the freezing of assets and visa restrictions targeting individuals who have been involved in serious human rights violations;
Amendment 182 #
2017/2027(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates that policies and practices on migration in the EU-LAC area must guarantee respect for human rights, with special attention given to women and minors and all vulnerable people, i.a. by re-evaluating the emphasis on the securitisation of borders and the criminalisation of migrants; calls for measures to facilitate and improve legal mobility between the regioncountries, while ensuring the mutual consistency of labour rights and enhancing the coordination of social security systems;
Amendment 202 #
2017/2027(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the EU and LAC countries to address the problem of corruption through measures ranging from prevention to law enforcement and criminal prosecution, and points out that the existence of corruption undermines not only social and economic welfare, but also the political legitimacy and quality of democratic government;
Amendment 203 #
2017/2027(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses that the absence of an independent judiciary and public administration, fosters distrust in public institutions, undermining the rule of law and fuelling violence;
Amendment 217 #
2017/2027(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the importance of the opening ofngoing negotiations for the modernisation of the EU-Mexico Global Agreement, the progress made in the negotiations for the modernisation of the EU-Chile Association Agreement, and the speeding up of the EU- Mercosur negotiations, and calls for the ratification of the EU-Central America Association Agreement by all national parliaments of the EU Members States;
Amendment 244 #
2017/2027(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Expresses its grave concern at the seriously deteriorating situation as regards democracy, human rights and the socio-economic situation in Venezuela, in a growing climate of political and social instability; calls on the Venezuelan Government to safeguard the separation and independence of branches and to restore full constitutional authority to the National Assembly; in this sense, rejects any attempt to divert its constitutionally recognised powers to any other body; recalls the authorities to ensure the immediate and unconditional release of all political prisoners and to present as soon as possible an electoral calendar that will allow free and transparent electoral processes to take place;
Amendment 249 #
2017/2027(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Asks the EU to support the Central American countries afflicted by organised crime that threatens their social and political structures;
Amendment 250 #
2017/2027(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Asks the EU to support Mexico in its differences with the United States of America;
Amendment 252 #
2017/2027(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. WelcomNotes the signing on December 2016 of the Political Dialogue and Cooperation Agreement between the EU and Cuba; stresses the importance of speeding up its implementation, which can have a positive impact on the overall EU- CELAC partnership,; stresses that no tangible results have been achieved on human rights in Cuba, despite the setting up of the Human Rights Dialogue and insists on the need for tangible results in the human rights dialoguesituation;
Amendment 258 #
2017/2027(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses that improvements in the economic sector are interdependent with the respect for fundamental freedoms and human rights in Cuba;
Amendment 3 #
2017/2012(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas 2018 marks the seventieth anniversary of the adoption of the Universal Declaration on Human Rights and the principle of equality forms the core of the human rights vision of the Charter, which states that human rights and fundamental freedoms should be available to all human beings 'without discrimination on the basis of race, sex, language or religion';
Amendment 5 #
2017/2012(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the Convention on the Rights of the Child (CRC) has been signed by 195 countries, has the status of law and of binding nature and is an essential instrument to deal with the vulnerable situation and the need for special protection and care for girls;
Amendment 7 #
2017/2012(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas gender equality features among the common values on which the European Neighbourhood Policy is based, though clear objectives and specific action points on this matter are lacking; whereas the levels of political participation and representation of women in the EU’s neighbouring countries are low;
Amendment 32 #
2017/2012(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that the empowerment of girls and women has been at the centre of EU external action through the Global Strategy for Common Foreign and Security Policy; welcomes the designation within the EEAS of a Principal Adviser on Gender and on the Implementation of UN Security Council Resolution 1325 on Women, Peace and Security; recalls that empowerment cannot be linked to labour market access only as progress needs to be made in many other fields such as political representation, legal protection, health and particularly through education;
Amendment 56 #
2017/2012(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Draws attention to the European Commission’s commitment to mainstreaming and integrating gender analysis and perspectives across all instruments; calls on this approach to be reflected in all EU tools in particular in the European Instrument for Democracy and Human Rights;
Amendment 74 #
2017/0123(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far.
Amendment 99 #
2017/0123(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Further digitalisation of enforcement tools is a prerequisite for the proper functioning of the internal market, reducing unnecessary administrative burden and carrying out effective and efficient enforcement of the rules in the road sector;
Amendment 220 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 236 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage.;international carriage and of each consecutive cabotage operation carried out with a consignment note. The consignment notes should be readily available on the vehicle. Each consignment note shall contain the number plates of the motor vehicle and trailer used. The consignment note may be presented electronically, using a revisable structured format which can be used directly for storage and processing by computers such as eCMR. No additional documents shall be required in order to prove that the conditions laid down in this Article have been met. Records shall be kept covering the previous 28 days. Records should be kept at the undertaking. During a roadside check the driver shall be allowed to contact the head office of the undertaking, the transport manager or any other person or entity which may provide the consignment notes of the previous 28 days.
Amendment 245 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Regulation (EC) No 1072/2009
Article 8– paragraph 3
Article 8– paragraph 3
Amendment 249 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
Regulation (EC) No 1072/2009
Article 9– paragraph 1– point f (new)
Article 9– paragraph 1– point f (new)
Amendment 60 #
2017/0085(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligationresponsibilities. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely.
Amendment 80 #
2017/0085(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Member States and, where appropriate, the European Union, should take measures under the European Pact for Gender Equality (2011-2020) and its provisions on the promotion of a better work-life balance to improve the supply of adequate, affordable, high-quality childcare services for children under the mandatory school age in line with the objectives set at the European Council in Barcelona in March 2002. Commission Recommendation 2013/112/EU[21] “Investing in children: breaking the cycle of disadvantage” also stresses the need to improve access to sufficient resources and to achieve the Barcelona objectives on childcare facilities for young children. At the same time, work-life balance and gender equality need to be complemented by investment in quality long-term care and diversification of services in this area.
Amendment 88 #
2017/0085(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) In order to improve work-life balance, discriminatory practices such as the persistent gender pay gap should be tackled as to eventually ensure greater equity in the labour market. Member States together with the social partners and relevant stakeholders should include gender equality education in their curricula in compulsory and pre-school education and to continue with public authorities’ efforts to provide information and raise awareness. Policies on equal treatment should aim at addressing the issue of stereotypes in both male and female occupations and roles and social partners should act upon their key role in informing both workers and employers and in raising their awareness about tackling discrimination.
Amendment 91 #
2017/0085(COD)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) To better assess the impact of the underlying and other related legislation, relevant data such as the number of working hours, pay, position, including a breakdown by gender and age should be collected and published at local, regional and national level in order to document intersectional discrimination and shape policies in a targeted and resource- efficient way. The European Institute for Gender Equality (EIGE), the European Foundation for the Improvement of Living and Working Conditions (EUROFOUND) and the European Centre for the Development of Vocational Training (Cedefop) together with national and regional equality bodies should continuously update work-life balance indicators to ensure data is relevant and timely.
Amendment 95 #
2017/0085(COD)
Proposal for a directive
Recital 8 d (new)
Recital 8 d (new)
(8d) In order to build a socially and economically sustainable society, the responsibility for a suitable work-life balance should be shared among workers, families, the social partners, local and regional authorities and all public and private employers and service providers.
Amendment 97 #
2017/0085(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Social partners should be constantly encouraged by Member States to continue their active work on ways to facilitate reconciliation of work, private and family life and improve gender equality and equal treatment in the labour market through education, adult learning, raising awareness and information campaigns.
Amendment 114 #
2017/0085(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 115 #
2017/0085(COD)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Union legislation ensures the principle of equal treatment between various types of employment relationships, prohibits any direct or indirect discrimination based on sex in matters of employment, occupation, social protection and access to goods and services, ensures portability and preservation of rights in case of mobility between Member States and guarantees minimum requirements for the acquisition and preservation of supplementary pension rights across borders, as well as minimum requirements in terms of transparency of occupational schemes.
Amendment 116 #
2017/0085(COD)
Proposal for a directive
Recital 12 c (new)
Recital 12 c (new)
(12c) As labour markets evolve, social protection systems need to evolve too, to ensure that the European social model is future-proof and that it enables Union societies and economies to make the most of the future world of work. However, in most Member States, the rules governing contributions and entitlements of social protection schemes are still largely based on full-time open-ended contracts between a worker and a single employer while other groups of workers and the self-employed have been more marginally covered. Evidence shows that some non- standard workers and some self-employed have insufficient access to the branches of social protection which are more closely related to the labour market status or type of employment relationship. Social protection rights are not always preserved and transferred when individuals are transiting between different labour market statuses, for instance going from employment to self-employment or unemployment, combining salaried employment and self-employment, starting or closing down a business.
Amendment 117 #
2017/0085(COD)
Proposal for a directive
Recital 12 d (new)
Recital 12 d (new)
(12d) In the long run, the gaps in access to social protection may put at risk the welfare and health of individuals, contribute to increasing economic uncertainty, poverty risk and inequalities, and may also lead to suboptimal investment in human capital, reduce trust in institutions and limit inclusive economic growth. Therefore, the self- employed should come within the scope of this Directive.
Amendment 145 #
2017/0085(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situationsspecific situations, in particular with regard to children with disabilities, serious medical conditions or illness, in accordance with their national law and practice.
Amendment 161 #
2017/0085(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to facilitate the return to work following parental or carers' leave, workers and employers should be encouraged to maintain contact during the period of leave and may make arrangements for any appropriate reintegration measures, such as training or retraining to be decided between the parties concerned, taking into account national law, collective agreements and practice
Amendment 174 #
2017/0085(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for men and women carrying ofor an elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers' leave to take care of that relative. To prevent abuse of that right, proof of the serious illness or dependency may be required prior to granting of the leave.
Amendment 197 #
2017/0085(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Member States should give special attention to single parents who face particular challenges in terms of work-life balance and need specific support. This Directive should allow for separate provisions regarding leave and flexible working arrangements for single parents.
Amendment 212 #
2017/0085(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to requesthave the right to request, based on discussions with the employer, flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 239 #
2017/0085(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) Local and regional authorities, which play a key role in drafting, implementing and evaluating policies in areas where they often have vital expertise, such as childcare (including the different types of child minding), care for the elderly and people with disabilities, education and social services or employment, as well as social integration and employability, should be involved in the implementation of the proposed measures. Moreover, local and regional authorities should promote best practices and mutual learning on work-life balance measures.
Amendment 241 #
2017/0085(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) Civil society, including equality bodies should have a role in the effective application of gender equality laws and provisions in employment relations with a view to ensuring equal treatment; Member States should improve social dialogue and the exchange of experience and best practice among all relevant stakeholders.
Amendment 276 #
2017/0085(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and women, who have an employment contract or an employment relationship, according to the criteria established by the Court of Justice of the European Union for determining the status of a worker and to the self-employed.
Amendment 288 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) "paternity leave" means paid leave from work for fathers or the persons legally recognised as such to be taken on the occasion of the birth of a child;
Amendment 302 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 314 #
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 of a serious illness or dependency of a relative or, in accordance with national law, a worker not directly belonging to the family who provides such care on a non- profit basis, upon written request of the person being cared for;
Amendment 334 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) "relative" means a worker's son, daughter, mother, father,step-child, foster child, mother, father, including adoptive ones, as well as step-father, -mother, siblings, grandparents and grandchildren, as well as spouse or partner in civil partnership, where such partnerships are envisaged by national law;
Amendment 349 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) "dependency" means a situation in which a person is, temporarily or permanently, in need of care and / or assistance due to disability or, a serious medical condition other than serious illness or age;
Amendment 359 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) “flexible working arrangements” means the possibility for workers after discussions with their employer to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours.
Amendment 361 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) "single parent" means a person who is neither married nor in a partnership as recognised by national law and who has sole parental responsibility for a child.
Amendment 378 #
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 or the persons legally recognised as such have the right to take paternity leave of at least ten working days on the occasion of the birth of a child.
Amendment 395 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The right to paternity leave referred in paragraph 1 shall be granted irrespective of the length of service or the status of employment of the employee.
Amendment 424 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Single parents shall have access to at least the same level of rights and protection ensured to parents under this Directive and may benefit from specific provisions, in accordance with national law, considering their specific situation.
Amendment 458 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall assess the need for theestablish facilitated conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents, parents having a disability and parents with children with a disability or long-term illness. in particular through measures such as the extension of the age limit of the child to the purpose of parental leave, facilitated access to part time work upon their return to the workplace and/ or an extension of the length of the parental leave.
Amendment 480 #
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 workers 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 relativ, dependency or the loss of autonomy of the worker's relative. The information on the medical condition, dependency or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.
Amendment 495 #
2017/0085(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Member States shall assess the need to adapt or extend the definition of "carer" to the purpose of applying for the relevant leave, with the aim of taking into account situations of particular difficulty.
Amendment 544 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation. The employees should support such requests with appropriate documents.
Amendment 545 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 (new)
Article 9 – paragraph 1 – subparagraph 1 (new)
Member States shall assess the need for arrangements necessary to make sure the application of flexible working arrangements is adapted to the needs of adoptive parents, disabled parents, parents with mental health problems, parents of children with disabilities, long- terms illnesses or mental health problems.
Amendment 559 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing.
Amendment 573 #
2017/0085(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Rights acquired or in the process of being acquired by workers on the date on which leave referred to in Article 4, 5, 6, 7 or 69 starts shall be maintained until the end of such leave or of the respective period of time for the flexible working arrangements. At the end of such leave, those rights, including any changes arising from national law, collective agreements or practice, shall apply.
Amendment 575 #
2017/0085(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that, at the end of leave or of the respective period of time for the flexible working arrangements, referred to in Article 4, 5, 6, 7 or 6,9 workers are entitled to return tohave their jobs or toreserved or if appropriate to obtain equivalent posts on terms and conditions which are no less favourable to them, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.
Amendment 584 #
2017/0085(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. .Member States shall define the status of the employment contract or employment relationship for the period of leave or of the respective period of time for the flexible working arrangements referred to in Article 4, 5, 6, 7 or 6,9 including as regards entitlements to social security, while ensuring that the employment relationship is maintained during that period.
Amendment 594 #
2017/0085(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States together with the social partners shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5, 6 or 6,7 or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.
Amendment 601 #
2017/0085(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States together with the social partners shall take the appropriate steps to ensure that reasonable, available and accessible legal advice and assistance can be obtained and is provided to those in need of it, including confidential and in-person counselling, by equality bodies or appropriate intermediaries.
Amendment 643 #
2017/0085(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States.
Amendment 644 #
2017/0085(COD)
Proposal for a directive
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers.
Amendment 645 #
2017/0085(COD)
Proposal for a directive
Article 16 – paragraph 1 c (new)
Article 16 – paragraph 1 c (new)
This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 666 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, including data disaggregated by gender and age on the take-up of different types of leave contained in this Directive and its impact on micro, small and medium-sized undertakings, accompanied, if appropriate, by a legislative proposal.
Amendment 8 #
2016/2324(INI)
1 a. Condemns the shrinking of civil society space as a result of acts of harassment and intimidation against civil society organisations and individual activists, who are solely exercising their rights of freedom of expression, assembly and association;calls on governments to investigate and to ensure accountability for this kind of actions and attacks directed against NGOs,
Amendment 20 #
2016/2324(INI)
2. Considers that the EU should use its foreign policy instruments, including human rights and development instruments, to deal with the structural roots of the shrinking space problem and to design a multifaceted approach, since regimes are now using not only draconian NGO laws but also a wide range of direct and indirect tactics to limit the operation or financing of civil society organisations (CSOs), such as arbitrary registration and reporting requirements, distorted criminal charges, including criminal defamatory laws, raids and audits, and counterterrorism measures;
Amendment 31 #
2016/2324(INI)
3. Calls on the Commission, the European External Action Service (EEAS), the Member States and the EU Special Representative for Human Rights to be more vocal, consistent and timely in expressing objections to restrictive CSO laws and to exert effective and tailored pressure on the host governments in question and raise this issue systematically in political and human rights dialogues; considers that EU actors could exert more positivstresses the role and encourages further involvement of the EU delegations in supporting civil society organisations and individual activists, including by offering assistance in judicial processes; considers that the EU should exert more conditionality bywhen allocating additional funds to those governments allowing a wider space forfinancial assistance to governments, based on the space allowed to civil society;
Amendment 47 #
2016/2324(INI)
5. Requests the establishment of a ‘Shrinking Space Early Warning’ mechanism, with the involvement of the relevant EU institutions, capable of issuing an alert when a given government is preparing serious new restrictions against civil society, or when the government is using so-called government-organized non-governmental organisations (GONGOs) to simulate the existence of independent civil society, so that the EU is able to respond in a timelier, coordinated and tangible manner;
Amendment 107 #
2016/2307(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Emphasises the need of structural reforms creating a more flexible and secure labour market and responsible fiscal consolidation, thus reinforcing a favourable environment for business with a view to creating more employment while balancing the social and economic dimensions; stresses that those priorities will only be achieved if investment in human capital is prioritised as a common strategy;
Amendment 125 #
2016/2307(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the implementation of the Youth Guarantee should be strengthened at national, regional and local level, and stresses its importance for school-to-work transitions; highlights that Member States should ensure that the Youth Guarantee is fully open to all groups, including vulnerable persons;
Amendment 230 #
2016/2307(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that micro-enterprises and small and medium-sized enterprises (MSMEs) as well as health and social services and social enterprises are important for sustainable and inclusive development and job creation; calls on the Commission and the Member States to give greater consideration to the interests of MSMEs in the policy-making process;
Amendment 285 #
2016/2307(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Encourages the Member States to implement the necessary measures for the social inclusion of refugees as well as people of ethnic minority or immigrant origin;
Amendment 301 #
2016/2307(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls on the Commission and the Member States to work together on removing the obstacles to labour mobility, ensuring that EU mobile workers are treated equally with non-mobile workers;
Amendment 15 #
2016/2237(INL)
Draft opinion
Recital B
Recital B
B. whereas digitalisation, ambitious climate change goals, migration issues and the fight against poverty and social exclusion offer great potential for social entrepreneurship;
Amendment 32 #
2016/2237(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the vital importance of the hundreds of thousands ofapproximately 2 million social enterprises in Europe1a, which employ around 1more than 14.5 million people1b, and their invaluable contribution to continued economic growth in the EU internal market; and social cohesion in the EU; __________________ 1a https://ec.europa.eu/growth/sectors/social- economy_en 1b http://ec.europa.eu/social/main.jsp?catId= 738&langId=en&pubId=7523, p. 47
Amendment 52 #
2016/2237(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises the importance of networking among social enterprises, and calls on the Member States to optimise knowledge transfer within Member States and throughout the EU;
Amendment 59 #
2016/2237(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for an online European platform for social enterprises, through which they could exchange ideas on setting-up and funding procedures and the legal situationestablishment and information, EU funding opportunities and requirements and possible legal structures;
Amendment 63 #
2016/2237(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission and Member States to take quantifiable steps to unblock and attract public and private investment needed by social enterprises; notes in this regard that social and solidarity-based economy enterprises still face difficulties in accessing public procurement, such as barriers related to size and financial capability; reiterates the importance of effective implementation of the public procurement reform package by Member States in order to achieve greater participation by these enterprises in tendering procedures for public contracts, by improving the earmarking of contracts for such enterprises, including social clauses and criteria, simplifying procedures and drawing up tenders in a way that makes them accessible to smaller operators;
Amendment 111 #
2016/2237(INL)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Emphasises the importance of social enterprises providing social services to support people at risk or experiencing poverty and social exclusion;
Amendment 115 #
2016/2237(INL)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Highlights the necessity of offering employment to those most commonly excluded from the labour market, by reintegrating long-term unemployed people and combating unemployment in general.
Amendment 6 #
2016/2224(INI)
Draft opinion
Recital A
Recital A
A. whereas the role of whistle-blowers is to help in detecting, deterring and preventing wrongdoing and, corruption and cases of fraud, thus contributing to the promotion of the rule of law, transparency and democratic accountability;
Amendment 30 #
2016/2224(INI)
Draft opinion
Recital F a (new)
Recital F a (new)
Fa. whereas the existence of a legal framework does not always guarantee proper implementation and effectiveness, therefore ensuring compliance with the existing legislation by Member States is indispensable;
Amendment 36 #
2016/2224(INI)
Draft opinion
Recital G
Recital G
G. whereas corruption is one of the most serious problems facing the world today, as it can hamper a state’'s ability to deliver inclusive economic growth in various fields, thus leading to unemployment, growing inequalities, untrustworthy investment environment and stagnant development;
Amendment 56 #
2016/2224(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for measures to protect workers who detect and report wrongdoings in the field of unemployment, including the right to confidentiality;
Amendment 70 #
2016/2224(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls the importance of devising instruments to ban any form of retaliation, whether this besuch as active dismissal or passive measures such as the, suspension, demotion, loss of promotion opportunities, punitive transfers and reductions in or deductions of wages, bloacking of promotionlisting, harassment or other punitive or discriminatory treatment;
Amendment 2 #
2016/2221(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to Article 5 of the Treaty on European Union (TEU),
Amendment 7 #
2016/2221(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to its resolution of 10 September 2015 on creating a competitive EU labour market for the 21st century1a: matching skills and qualifications with demand and job opportunities, as a way to recover from the crisis, __________________ 1a Texts adopted, P8_TA(2015)0321
Amendment 11 #
2016/2221(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
Amendment 23 #
2016/2221(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation,
Amendment 36 #
2016/2221(INI)
Motion for a resolution
Recital A
Recital A
A. whereas non-standard, atypicalthe variety of forms of employment have been emerging,s increased; wherebyas the number of workers with – oftenshare of involuntary – fixed termed and part- time contracts has increased considerablygrown in thsome EU over the past 15 years; whereas standard employment across a number of sectors has shifted to non-standard or atypical forms of employment, and whereas, if this trend continues, it is likely that the risk of precariousness will increase8 ; __________________ 8 Study for the EMPL Committee on precarious employment in Europe, July 2016, http://www.europarl.europa.eu/RegData/e tudes/STUD/2016/587285/IPOL_STU%28 2016%29587285_EN.pdfMember States; whereas some sectors have moved towards different forms of employment, and whereas, if this trend continues, efficient policies are needed to embrace the variety of different forms of employment , whilst adequately protecting the workers;
Amendment 48 #
2016/2221(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the new forms of employment that are emerging are blurring the boundary between dependent employment and self-employment9 , leading to a decline in the quality of employment and the rise of bogus self- employment; __________________ 9 ILO report of 2016 on Building a social pillar for European convergence.
Amendment 55 #
2016/2221(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas competence for social policy is shared by the European Union and the Member States; whereas the EU can only complement and support the Member States in this field;
Amendment 59 #
2016/2221(INI)
Motion for a resolution
Recital C
Recital C
Amendment 73 #
2016/2221(INI)
Motion for a resolution
Recital D
Recital D
D. whereas part-time employment had never declined since the crisis, and full- time employment is still below its 2008 pre-crisis level; whereas the number of people working full-time in the second quarter of 2016 remained 2.5 % below the figure for 2008, while part-time employment increased by 11.1 % in the same period10 ; __________________ 10 ESDE Quarterly Revthere has been employment growth in the EU over the last two and half years, whereas the employment in the EU is now above the 2008 level; whereas there has been a steady increase in the number of permanent jobs (2.7 million) and full-time employment (3.1 million) over the year; whereas the employment rate is still below its 2020 target of 75% and shows large disparitiews autumn 2016.mong Member States;
Amendment 78 #
2016/2221(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas women account for 46% of the EU’s labour force and are particularly vulnerable to job insecurity as a result of discrimination, including in the area of pay, and whereas women earn around 16% less than men in the EU;
Amendment 85 #
2016/2221(INI)
Motion for a resolution
Subheading 1
Subheading 1
I. Towards a definition of decent workWorking conditions in the EU
Amendment 90 #
2016/2221(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Understands standard employment to mean full-time, regular employmentthat each Member State has their own the basis of open-ended contracts, and non-standard or atypical forms of employment to include, i.a., marginal part-time work, temporary agency work, fixed-term contract work, zero-hour contracts, internships that are not part of an education programme, and informal or undecllaws and practice establishing working conditions applicable to different types of employment contracts and internships, whereas there is no universally accepted definition of “standared workemployment”;
Amendment 118 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 1
Paragraph 2 – indent 1
- little or no job security owing to the non-permanent nature of the work, as in some fixed-term contracts, involuntary and often marginal part-time contracts, contracts containing poor conditions, unwritten contracts, unclear working hours, and duties that change owing to work on demandow certainty over the continuity of employment;
Amendment 128 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 2
Paragraph 2 – indent 2
- low remuneration, which may even be unofficial or unclearinsufficient pay and salary progression;
Amendment 136 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 3
Paragraph 2 – indent 3
- no or limited social protection rights or employment-related benefitslacking or insufficient social protection;
Amendment 152 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 6
Paragraph 2 – indent 6
- no or limited right to individual or/and collective representation;
Amendment 161 #
2016/2221(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. EndorsNotes the ILO definition of decent work which states that: ‘Decent work is work that is productive and delivers a fair income, with a safe workplace and social protection, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity and treatment for all women and men’12 ; __________________ 12 ILO report of 14 November 2016 on non-standard employment around the world, http://www.ilo.org/global/publications/boo ks/WCMS_534326/lang--en/index.htm.
Amendment 168 #
2016/2221(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that decent work shoulthe ILO concept of “decent work” is intended specifically to guarantee coverage by collective agreements, security of collective bargaining, equal pay for equal work in the same place, and protection of the workers’ families, while supporting the work-life balance for all workersjob creation, rights at work, social protection and social dialogue, as well as gender equality;
Amendment 182 #
2016/2221(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that numerous factors, such as digitalisation, are contributing to a radical transformation of work, with an increase in non-standard forms of employment trends that will intensify unless new regulation is put into place; calls on the Commission and the Member States to ensure that work being transformed through digitalisation, and new employment being created as a result of it, is decentthe nature of work, including the increase of self-employment; underlines the importance of efficient new regulation to embrace digitalization whilst adequately protecting the workers; calls on the Commission and the Member States to ensure that this objective is achieved;
Amendment 195 #
2016/2221(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the economic crisis has given rise to migratory flows within the EU that have highlighted existing barriers to the free movement of persons between Member States and discrimination on the basis of nationality, exposing EU citizens to a situation of job insecurity;
Amendment 200 #
2016/2221(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. StressNotes that precarious employmentjobs with inadequate working conditions have a long-term effect on social security protection and pensions, and place workers at greater risk of poverty, social exclusion and deterioration of their fundamental rights;
Amendment 210 #
2016/2221(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that social protection, and protection by collective agreements and collective bargaining, should be available to all workers; calls on the Commission and the Member States to promote and guarantee effective protection for workers who perform work in the context of an employment relationship, and athrough comprehensive policy response that includes policies towards reducing and ultimately eradicating precarious workadequate working conditions; calls for policies that empower workers by strengthening social dialogue and promoting the extension of collective bargaining, ensuring that all workers can access and exercise their right to associate, and to bargain individually and collectively, freely and without fear;
Amendment 229 #
2016/2221(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance of labour inspectorates and the social partners in safeguarding workers’ rights, defining decent wages and incomes in accordance with Member States’ laws and practices, and in providing consultation and guidance tobeing in dialogue with employers; strongly underlines that labour inspectorates should focus on the goal of monitoring and improving working conditions, and should not be used as migration control mechanismshelping to eradicate illegal work; strongly condemns the practices of companies to employ migrants without securing their full rights and benefitsillegal and undeclared work which do not sufficiently protect the worker;
Amendment 242 #
2016/2221(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to combat non-standard, atypical and precarious forms of employment, in line with the ILO Decent Work Agenda and the European Social Charterpromote adequate working conditions across the Union;
Amendment 271 #
2016/2221(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines the need for public investments promoting upwardssocial convergence, the social and cohesion of the Union and the creation of decent workemployment;
Amendment 283 #
2016/2221(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern the decrease in collective bargaining and the coverage of collective agreements; calls on the Commission and the Member States to promote strategic policies of universal coverage of workers under collective agreements, safeguarding, at the same time, the role of the trade unions as social partnercalls on the Commission and the Member States to promote strategic policies to better match skills with jobs at the labour market, to encourage the dialogue between employers, social partners and schools, increasing the employment rates;
Amendment 309 #
2016/2221(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to ensure effective protection to workers especially affected by uncertainty and precariousnessvulnerable groups of society, giving special priority to women workers, young workers, older workers, workers in the informal economy, migrant workers and workers with disabilities;
Amendment 1072 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 136
Rule 136
Amendment 74 #
2016/2095(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
– having regard to the work carried out by the European Union Agency for Fundamental Rights (FRA), and particularly to its surveys of migrants and minorities and reports on severe labour exploitation, child protection systems and the right to independent living for people with disabilities,
Amendment 96 #
2016/2095(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Union needs a paradigm shift towards a strongn advanced European social model based on solidarity, social justice, a fair distribution of wealthequal opportunities, gender equality, a high-quality public education and training systems, quality employment and sustainable growth - a model that ensures good social protection for all, empowers vulnerable groups and talented individuals, enhances participation in civil and political life, and improves the living standards for all citizenspeople residing in the EU, delivering on the objectives and rights set out in the EU Treaties, the Charter of Fundamental Rights and the European Social Charter;
Amendment 170 #
2016/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that the European Pillar of Social Rights (EPSR) cannot be limited to a declaration of principles or good intentions but must consist of real matter (legislation, policy-making mechanisms and financial instruments), delivering positive impact on citizens’people’s lives in the short term and enabling support for European construction in the 21st century by effectively upholding social rights and Treaty objectives, strengthening cohesion and upward convergence, and helping to complete EMU;
Amendment 188 #
2016/2095(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that the EPSR should equip European citizens with stronger means to keep control over their lives and make markets work for wellbeing and sustainable developmentfunction as the EU’s binding framework for national strategies promoting social cohesion and equality across the European Union through adequate, accessible and financially sustainable social protection systems and social inclusion policies;
Amendment 212 #
2016/2095(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that the EPSR should be applicable across all Member States of the EU;
Amendment 247 #
2016/2095(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the enactment of a directive on fair working conditions for all forms of employment, ensuring for every worker a core set of enforceable rights, including equal treatment, social protection, protection in case of dismissal, health and safety protection, provisions on working time and rest time, freedom of association and representation, collective bargaining, collective action, access to training, and adequate information and consultation rights; underlines that this directive should apply to employees as well as to all workers in non-standard forms of employment, such as fixed-term work, part-time work, on-demand work, self-employment, crowd-working, internship or, traineeship or apprenticeship; requests that the EU acquis be updated accordingly so as to apply to all workers;
Amendment 341 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
c. limits regarding on-demand work: zero-hour contracts should be banned and, such as guaranteeing certain core working hours should be guaranteed to all workers;
Amendment 356 #
2016/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 428 #
2016/2095(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises the need to increase awareness of various forms of severe labour exploitation affecting both third country nationals and EU citizens and to increase efforts to take effective measures to eradicate such forms of exploitation, including exploitation in private households;
Amendment 530 #
2016/2095(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 560 #
2016/2095(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Agrees that all persons with disabilities must be ensured enabling services and basic income security allowing them a decent standard of living and, social inclusion and the right to live independently;
Amendment 590 #
2016/2095(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers child poverty to be a major issue on which Europe should ‘act bthe levels of child poverty reported by Eurostat to be unacceptably hig’h; calls for the swift implementation of a Child Guarantee in all Member States, so that every child now living in poverty can have access to free healthcare, free education, free childcareincluding early childhood education, decent housing and proper nutrition; calls for comprehensive, integrated and sustainable child protection systems;
Amendment 710 #
2016/2095(INI)
Motion for a resolution
Paragraph 19 – point b
Paragraph 19 – point b
b. all workers should have a persrofessional activity account, easily accessible through a website and/or a smartphone application, where they could consult their social entitlements;
Amendment 773 #
2016/2095(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Considers that all workers should enjoy equal opportunities when looking for work and at work, regardless of their sex, racial or ethnic origin, religion or belief, sexual orientation and gender identity or age;
Amendment 809 #
2016/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that labour mobility within the EU is a right whose exercise must be supported but which should not be forced on workers by poor conditrongly promoted and should not be the result of lacking employment opportunities or inadequate social protections in theirworkers' home regions, and should not undermine host countries’ social standards;
Amendment 27 #
2016/2017(INI)
Motion for a resolution
Citation 41 a (new)
Citation 41 a (new)
Amendment 32 #
2016/2017(INI)
Motion for a resolution
Recital A
Recital A
A. whereas achieving a genuine work- life balance requires not only comprehensive policies including measures for reconciling work, caring for and spending time with family, and time for leisure and personal development, but above all a cultural shift in society, changing its gender attitudes so that work and care are more evenly shared between men and women; Whereas in 2014, the EU 28 employment rate for men (aged 20-64) was 75% while it reached only 63,5% for women, despite the fact that women are better educated; Whereas promoting women's participation in the labour market and their economic independence is crucial for meeting the Europe 2020 headline target (75% of the population aged 20-64 employed by 2020), counteracting the shrinking of the working age population in most European Member States, and boosting growth; whereas GDP per capita losses attributable to gender gaps in the labour market have been estimated at up to 10 percent in Europe; whereas the number of women in the workforce is even lower when considering employment rates in full-time equivalents since the share of part-time employment among women is very high in some Member States, due to constraints such as the shortage of care services and unequal division of unpaid work, or low financial incentives to take up full-time work;
Amendment 109 #
2016/2017(INI)
Motion for a resolution
Recital E
Recital E
E. whereas access to childcare services for young children is the mainan important factor influencing the participation of women in the labour market; whereas only 11 Member States have met the first Barcelona target (childcare available for at least 90 % of children between the ages of 3 and the mandatory school age) and only 10 Member States have achieved the second target (at least 33 % of children under three years)19 ; __________________ 19 Progress report on the Barcelona objectives of 29 May 2013 entitled ‘The development of childcare facilities for young children in Europe with a view to sustainable and inclusive growth’ (COM(2013)0322).
Amendment 127 #
2016/2017(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas Member States and social partners together have the responsibility to find solutions and possibilities to improve the work/life balance;
Amendment 154 #
2016/2017(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that the EU is facing unprecedented demographic challenges – an ageing populationrising life expectancy, lower birth rates, changing family structuresnew forms of relation-building and (co)habitation and migration; is concerned that austerity measures have had a negative impact on the sustainability of public finances needed for work-life balance policies and services that foster demographic renewal;
Amendment 172 #
2016/2017(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s approach to work-life balance policies as key in addressing socio-economic challenges; calls on the European Social Partners to come forward with an agreement on a comprehensive package of legislative and non-legislative measures regarding the reconciliation of professional, private and family life; calls on the Commission to put forward a proposal for such a package in the context of the announced European pillar of social rights should it not be possible for an agreement between the social partners to be reached;
Amendment 198 #
2016/2017(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to step up protection against discrimination and unlawful dismissal related to work-life balance and to ensure access to justice and legal action; Calls in this sense on the European Commission to propose policies to improve enforcement of antidiscrimination measures in the workplace, including increasing the awareness of legal rights to equal treatment by conducting information campaigns, reversal of the burden of proof (Zaborska report) and empowering national equality bodies to conduct formal investigations on their own initiative of equality issues and help potential victims of discrimination;
Amendment 208 #
2016/2017(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the importance of incorporating a lifecycle approach in work- life balance policies in order to ensure that everyone is supported at different times throughout their life and can actively participate in the labour market and in society as a whole; Calls on the Member States to improve the collection and availability of updated data on indicators on gender equality with a view of analysing and monitoring these for the Country Specific Reports;
Amendment 211 #
2016/2017(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that lack of comparable, comprehensive, reliable and regularly updated equality data makes it more difficult to prove the existence of discrimination, particularly indirect discrimination; Calls on the Member States to collect equality data in a systematic way and with the involvement of national equality bodies and national courts; calls on the Commission to take initiatives to further promote such data collection by means of a Recommendation to Member States, and by tasking Eurostat with the development of consultations aiming at mainstreaming data disaggregation on all discrimination grounds in European Social Surveys' indicators; Calls on the Commission to continue to cooperate with the European Institute for Gender Equality (EIGE) to improve the quantity and quality of sex- disaggregated data in a systematic way;
Amendment 222 #
2016/2017(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes the important role of the national equality bodies in the implementation of the Employment Equality Directive, contributing to awareness raising and data collection, staying in touch with social partners and other stakeholders, addressing underreporting and making complaint processes more accessible; calls for the role of the national equality bodies to be strengthened, and their capacities enhanced, including through the provision of adequate funding;
Amendment 227 #
2016/2017(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Highlights that the Employment Equality Directive mentions the disproportionate impact of multiple discrimination in the fields of employment & occupation on women; recommends that national, regional and local authorities, law enforcement bodies, including labour inspectors, national equality bodies and civil society organisations, increase their monitoring of the intersectionality between gender and other grounds in cases of discrimination and in practices;
Amendment 228 #
2016/2017(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Considers it necessary that adequate training on non-discrimination legislation in employment and case-law is provided for employees of national, regional and local authorities and law enforcement bodies and labour inspectors; believes that such training is also of critical importance for judges, prosecutors, lawyers and police force;
Amendment 229 #
2016/2017(INI)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls on the Commission to continue to work with EIGE to support further research on gender-relevant issues, including on women and men's perceptions of their role in the labour market and of the sharing of activities within the household, as well as their perceptions of working conditions and factors that limit opportunities in the labour market in EU-28 Member States;
Amendment 230 #
2016/2017(INI)
Motion for a resolution
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Calls on the Commission to regularly review the progress achieved on critical areas of concern as identified in the Beijing Platform for Action for which indicators have already been developed by EIGE, taking the outcomes of these reviews into account in the Commission's assessment of gender equality in the EU;
Amendment 238 #
2016/2017(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the need to address gender inequalities in paid and unpaid work and to promote an equal sharing of responsibilities and costs for children and care for dependants between women, men and society as a whole;
Amendment 249 #
2016/2017(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to adopt a post-2015 Gender Equality Strategy and to implement it through the European Semester, including the Annual Growth Survey and the country-specific recommendations;
Amendment 259 #
2016/2017(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to put in place proactive policies designed to support women entering, returning to and staying in the labour market with stustainable and quality employment;
Amendment 260 #
2016/2017(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to put in place proactive policies designed to support women entering, returning to and staying in the labour market with stable and qualitydecent employment;
Amendment 268 #
2016/2017(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission and the Member States to involve the social partners and civil society in gender equality policies; stresses the importance of collective agreements in combating discrimination and promoting gender equality between women and men at work, and of research and exchanges of good practices;
Amendment 274 #
2016/2017(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Strongly regrets that the Commission withdrew the revision of the Maternity Leave Directive and calls as a matter of urgency for it to return with an ambitious proposalWelcomes in the Commission's work programme 2016 particularly the fact that "special attention will be paid to work-life balance of working families, with a view to increasing women's participation in the labour market"; expects by the end of the year an initiative of legislative and non legislative proposals in this respect, guided by the principle of better regulation as part of the Commission Working Programme 2017; calls on the Commission and the Member States to ensure that women are paid for the duration of maternity leave; stresses that maternity leave must be accompanied by effective measures protecting the rights of pregnant and new mothers, reflecting the recommendations of the World Health Organisation21 ; __________________ 21 http://www.who.int/topics/breastfeeding/en /
Amendment 306 #
2016/2017(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that promoting the individualisation of the right to leave arrangements as well as the role of fathers is essential to achieving gender-balanced reconciliation of work and private life;
Amendment 323 #
2016/2017(INI)
Motion for a resolution
Paragraph 15 – point 1
Paragraph 15 – point 1
(1) a paternity leave directive with a minimum of a two-week compulsory fully paid leave;
Amendment 338 #
2016/2017(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 345 #
2016/2017(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to effectively implement the Barcelona targets by 2020 and to endorse the 2014 quality framework on early childhood education and care; Recalls that investing in social infrastructure ,such as child care, does not only generate considerable employment effects, but also significant additional income for the public sector in employment taxes and savings in respect of unemployment insurance; believes that adequate child care should be available and affordable also to allow parents to achieve educational goals;
Amendment 360 #
2016/2017(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for the introduction of targets on care for elderly and other dependants, with monitoring tools within the European Semester; calls on Eurostat and Eurofound to collect relevant data and to carry out studion Eurostat and Eurofound to collect relevant data and to carry out studies on the basis of which the Commission and the Member States are to establish qualitative standards for all care services;
Amendment 373 #
2016/2017(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 383 #
2016/2017(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 388 #
2016/2017(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Points out the high levels of working poor throughout Europe, with some people having to work more and longer, even combining several jobs, in order to earn a decent income; calls on the Member States and social partners to develop measures ensuring adequate wages for all workers, and to close the gender pay gap;
Amendment 394 #
2016/2017(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Supports ‘'smart working’ but rejects a shift from a culture of presence to a culture of permanent availability; calls on the Member States, when developing smart working policies, to ensure these do not impose an additional burden on the worker' and flexible working arrangements as these provide opportunities for better reconciliation of professional and private life; recalls that flexible labour markets are characterised by the availability of different contractual arrangements, as well as the necessary working time and wage flexibility, while respecting the autonomy of social partners in the collective bargaining process; calls on the Member States to promote the potential of technology such as digital data, high speed Internet, audio and video technology, f.e. for teleworking arrangements; stresses that in the long run, digitalisation will improve our productivity as it will lead to higher wages, more consumption and will ultimately compensate for lost jobs by creating new ones;
Amendment 428 #
2016/2017(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Welcomes the Commission's launch of a public consultation on the European Pillar of Social Rights to gather views and feedback on a number of essential principles to support well- functioning and fair labour markets and welfare systems within the euro area;
Amendment 463 #
2016/2017(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Member States to put in place adequate income schemes in line with national practices and traditions to enable people to live a life in dignity, to support full participation in society and to ensure independence throughout the life cycle;
Amendment 90 #
2016/0397(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure clarity regarding the terminology in EU law, the term “posting” should only be used for the posting of workers within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services.34 In addition, tTo achieve consistency in treatment between employed and self-employed persons it is necessary that the special rules for the determination of applicable legislation in the cases of workers who are temporarily posted or sent to another Member State should apply consistently to both employed and self-employed persons. __________________ 34 OJ L 018, 21.01.1997 p. 1.
Amendment 232 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 253 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services46 or sent by that employer to another Member State to perform work on that employer’s behalf shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24 months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent within the meaning of this Article. __________________ 46 OJ L 018, 21.01.1997 p. 1.;
Amendment 277 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2
Article 12 – paragraph 2
2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such activity does not exceed 24 months and that the person is not replacing another posted employed or self-employed person..
Amendment 293 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 883/2004
Article 13 – paragraph 4a
Article 13 – paragraph 4a
Amendment 457 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 24
Article 1 – paragraph 1 – point 24
Regulation (EC) No 883/2004
Article 75a – paragraph 2
Article 75a – paragraph 2
2. In order to ensure the correct determination of the applicable legislation, the competent authorities shall promote the cooperation between institutionthe appropriate institutions such as tax authorities and labour inspectorates in their Member States..
Amendment 518 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid by the Member State in which they were issued. Such documents shall only be valid if all sections indicated as compulsory are filled in.
Amendment 529 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it or rectify it, within 245 working days from the receipt of the request. Upon detection of an irrefutable case of fraud committed by the applicant of the document, the issuing institution shall withdraw or rectify the document immediately and with retroactive effect.
Amendment 534 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) If the issuing institution, having reconsidered the grounds for issuing the document is unable to detect any error it shall forward to the requesting institution all supporting evidence within 2530 working days from the receipt of the request. In urgent cases, where the reasons for urgency have been clearly indicated in the request, this shall be done within two10 working days from the receipt of the request, notwithstanding that the issuing institution may not have completed its deliberations pursuant to subparagraph (a) above.
Amendment 550 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
Regulation (EC) No 987/2009
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purposes of the application of Article 12(1) of the basic Regulation, a ‘person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services52 or sent by that employer to another Member State’ shall include a person who is recruited with a view to being posted or sent to another Member State, provided that, immediately before the start of his employment, the person concerned is already subject to the legislation of the sending Member State in accordance with Title II of the basic Regulation.. __________________ 52which his employer is established. OJ L 018 , 21.01.1997 p. 1.
Amendment 664 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 29
Article 2 – paragraph 1 – point 29
Regulation (EC) No 987/2009
Article 75 – paragraph 4 a (new)
Article 75 – paragraph 4 a (new)
4a. The requested party shall inform the applicant party about the outcome of its request within 6 months.
Amendment 666 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
Regulation (EC) No 987/2009
Article 76 – paragraph 3 b (new)
Article 76 – paragraph 3 b (new)
3b. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.
Amendment 668 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31 – point b
Article 2 – paragraph 1 – point 31 – point b
Regulation (EC) No 987/2009
Article 77 – paragraph 6 a (new)
Article 77 – paragraph 6 a (new)
6a. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.
Amendment 669 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 32 – point d
Article 2 – paragraph 1 – point 32 – point d
Regulation (EC) No 987/2009
Article 78 – paragraph 6 a (new)
Article 78 – paragraph 6 a (new)
6a. If the currency of the requested party is different from the currency of applicant party, the applicant authority shall express the amount of the claim to be recovered in both currencies.
Amendment 672 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 32 – point d
Article 2 – paragraph 1 – point 32 – point d
Regulation (EC) No 987/2009
Article 78 – paragraphs 6 b (new)
Article 78 – paragraphs 6 b (new)
6b. The exchange rate to be used for the purpose of the recovery assistance shall be the last exchange rate published by the European Central Bank before the date the request is sent.
Amendment 674 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 32 – point d
Article 2 – paragraph 1 – point 32 – point d
Regulation (EC) No 987/2009
Article 78 – paragraph 6 c (new)
Article 78 – paragraph 6 c (new)
6c. The requested party shall acknowledge receipt of the request as soon as possible and in any event within 15 calendar days of such receipt.
Amendment 677 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 33
Article 2 – paragraph 1 – point 33
Regulation (EC) No 987/2009
Article 79 – paragraph 2 a (new)
Article 79 – paragraph 2 a (new)
2a. A single uniform instrument permitting enforcement in the Member State of the requested party may be issued in respect of several claims and several persons corresponding to the initial instrument or instruments permitting enforcement in the Member State of applicant party.
Amendment 678 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 34 – point b a (new)
Article 2 – paragraph 1 – point 34 – point b a (new)
Regulation (EC) No 987/2009
Article 80 – paragraph 2 a (new)
Article 80 – paragraph 2 a (new)
(ba) the following paragraph is added: “2a. Regardless of any amounts collected by the requested party by way of interest recovered, a claim shall be deemed recovered in proportion to the recovery of the amount expressed in the national currency of the Member State of the requested party on the basis of the exchange rate mentioned in the request.”
Amendment 680 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 35 – point d
Article 2 – paragraph 1 – point 35 – point d
Regulation (EC) No 987/2009
Article 81 – paragraph 5 a (new)
Article 81 – paragraph 5 a (new)
5a. In order to convert the amount of the claim resulting from an adjustment into the currency of the Member State of the requested party, the applicant party shall use the exchange rate used in its initial request.
Amendment 529 #
2016/0288(COD)
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a Intra-Union calls 1. Providers of publicly available number based interpersonal communication services shall not apply tariffs to intra-Union fixed and mobile communications services terminating in another Member State which are higher from tariffs for services terminating in the same Member State, unless it is justified by the difference in mobile termination rates. 2. Where providers of publicly available number based interpersonal communication services apply different tariffs to intra-Union fixed and mobile communications services terminating in another Member State than to services terminating in the same Member State, the surcharge shall not be higher than the difference between mobile termination rate of the Member State where the call is terminating and mobile termination rate of the Member State where call is originating.
Amendment 26 #
2016/0254(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Since its establishment in 1994 EU- OSHA has, by virtue of its expertise, played an important role in supporting the improvement of health and safety at work throughout the European Union. At the same time there have been developments in the area of occupational safety and health (OSH), including technological developments, particularly in the digital area, which add to the challenge of promoting high OSH standards. In this light some adjustments are required in describing the objectives and tasks of EU- OSHA as compared to the provisions in Council Regulation (EC) No. 2062/94.
Amendment 31 #
2016/0254(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) As the three tripartite Agencies - EU-OSHA, the European Centre for development and vocational training (Cedefop), and the European Foundation for the improvement of living and working conditions (Eurofound) - address issues related to the labour market, working environment and vocational education and training and skills, close coordination among three Agencies is required and the ways to enhance efficiency and synergies should be exploitso that the work of the Agencies does not overlap where they have similar fields of interest, while ways to enhance efficiency and synergies should be exploited and any duplication among the Agencies, as well as between them and the Commission, concerning their mandates, objectives and activities, should be avoided. In addition, whenever relevant, the Agency should seek to engage in efficient cooperation with the European Commission's and European Parliament's in-house research capacities.
Amendment 55 #
2016/0254(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies, whether public or private, public authorities and workers' and employers’' organisations. The Agency, without prejudice to its own aims, shall ensure cooperation with other European Union Agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities, including the possibility of working jointly, in particular with the European Foundation for the improvement of living and working conditions, the European Centre for the development of vocational training and, where relevant, with other EU Agencies.
Amendment 71 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Members of the Management Board and their alternates shall bhave appointed in light of theirropriate knowledge in the field of health and safety ats work, taking into accountell as relevant managerial, administrative and budgetary skills. All parties represented in the Management Board shall make efforts to ensure a balanced representation of men and women and to limit turnover of their representatives, in order to guarantee continuity of the Board's work.
Amendment 73 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The members of the Management Board shall be appointed only after they have signed a declaration that they have no conflicts of interests.
Amendment 78 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The term of office for members and their alternates shall be four years. It shall be extendrenewable. Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
Amendment 80 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. A representative of Eurofound and a representative of Cedefop shall have observer status at the meetings of the Management Board in order to enhance the efficiency of the three tripartite agencies and synergies between them, and to avoid overlaps in their activities.
Amendment 84 #
2016/0254(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) give the generalstrategic orientation for the Agency's activities taking into account that the prime role of the Management Board is the strategic governance of the Agency's work, focusing on its priorities and adopt each year the Agency's programming document by a majority of two-thirds of members entitled to vote and in accordance with Article 6;
Amendment 90 #
2016/0254(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point n
Article 5 – paragraph 1 – point n
(n) take all decisionsconfirm after their evaluation, the decisions of the Executive Director on the establishment of the Agency's internal structures and, where necessary, their modification, taking into consideration the Agency's activity needs as well as having regard to sound budgetary management.
Amendment 98 #
2016/0254(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 99 #
2016/0254(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The single programming document shall contain three elements: multi-annual part, annual work programme and budget including human resources. It shall become definitive after final adoption of the general budget of the Union and, if necessary, shall be adjusted accordingly.
Amendment 102 #
2016/0254(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Management Board may invite any person whose opinion may be of interest to attend its meetings as an observer, in particular Eurofound, EU- OSHA and the European Training Foundation, in order to avoid duplication and to promote synergies and complementarity.
Amendment 112 #
2016/0254(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The term of office of members of the Executive Board shall be two years. That term shall be extendrenewable. The term of office of members of the Executive Board shall end when their membership of the Management Board ends.
Amendment 113 #
2016/0254(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Executive Board shall meet at least three times a year. Each coordinator shall inform members of its own group after the meeting about the content of the discussion in timely and transparent manner. In addition, it shall meet on the initiative of its Chairperson or at the request of its members.
Amendment 117 #
2016/0254(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Executive Director shall manage the Agency. The Executive Directorbe responsible for the overall management of the Agency according to the strategic direction set by the Management Board and shall be accountable to the Management Board.
Amendment 123 #
2016/0254(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point j a (new)
Article 11 – paragraph 5 – point j a (new)
(ja) taking the decisions regarding the human resources policy of the Agency.
Amendment 126 #
2016/0254(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Executive Director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the Agency's tasks in an efficient and effective manner to establish a liaisone or more local offices in one or more Member Stateffice to further the Agency's cooperation with the relevant Union institutions. That decision requires the prior consent of the Commission, the Management Board and the Member State where the localiaison office is to be established. That decision shall specify the scope of the activities to be carried out atby that localiaison office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.
Amendment 134 #
2016/0254(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. TIn the event of misconduct, unsatisfactory performance or recurring or serious irregularities, the Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal, based on a reasoned assessment, from the Commission.
Amendment 75 #
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 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 to the principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accession , sector restrictions, working time restrictions and unduly strict administrative formalities should not hinder effective access for applicants to the labour market. In order to increase integration prospects and self- sufficiency of applicants, early access to the labour market before 6 months from the date when the application for international protection was lodged and to language courses should be encouraged.
Amendment 77 #
2016/0222(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 85 #
2016/0222(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 128 #
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 6 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 131 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 134 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member States are encouraged to provide language courses to applicants from the moment of application, in order to integrate them and enable them to capitalise fully on their formal qualification and thus contribute to society.
Amendment 135 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1b. Member States are encouraged to provide adequate training on employment legislation and non-discrimination to applicants and to authorities, in order to avoid exploitation in the workplace by means of undeclared work practices and other forms of severe labour exploitation, and to avoid discrimination from the date when the application for international protection was lodged.
Amendment 144 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
(c) education and vocational training, except study and maintenance grants and loans or other grants and loans related to education and vocational training;
Amendment 146 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – point d
Article 15 – paragraph 3 – point d
(d) recognition of diplomas, certificates and other evidence of formal qualifications in the context of existing procedures for recognition of foreign qualifications, with a view to ensure consistency with other Union policy on migration management, in accordance with Article 32 of Regulation (EU) xx/xx (qualification Regulation)1a , while facilitating, to the extent possible, full access for those applicants who cannot provide documentary evidence of their qualifications to appropriate schemes for the assessment, validation and accreditation of their prior learning. __________________ 1aProposal for a Regulation of the European Parliament and of the Council 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 and amending Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents
Amendment 149 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 –subparagraph 2 – introductory part
Article 15 – paragraph 3 –subparagraph 2 – introductory part
Member States may restrict equal treatment of applicants: in certain specific situations. However, restrictions should be consistent with the provisions of international law and other Union policy on better migration management as set out by the Commission in the European Agenda on Migration.
Amendment 151 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point i
Article 15 – paragraph 3 – subparagraph 2 – point i
Amendment 153 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point ii
Article 15 – paragraph 3 – subparagraph 2 – point ii
Amendment 155 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point iii
Article 15 – paragraph 3 – subparagraph 2 – point iii
Amendment 34 #
2016/0130(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2004/37/EC aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens at the workplace and lays down minimum requirements to that effect including limit values, on the basis of the available scientific and technical data, economic feasibility, a thorough assessment of the socio-economic impact and availability of exposure measurement protocols and techniques.
Amendment 42 #
2016/0130(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The limit values should be revised when necessary in the light of scientific data, including evidence-based techniques and protocols for measurement of exposure levels.
Amendment 50 #
2016/0130(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In order to swiftly transpose new scientific and technical data into legislation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of setting new exposure limit values.
Amendment 53 #
2016/0130(COD)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) The exposure limit values should always take into account the feasibility of implementation and compliance, particularly for SMEs.
Amendment 67 #
2016/0130(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Directive 2204/37/EC should include only carcinogenic and mutagenic substances, which have no safe exposure level, as set in its scope
Amendment 33 #
2016/0070(COD)
Proposal for a directive
Citation 2
Citation 2
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
Amendment 36 #
2016/0070(COD)
Proposal for a directive
Citation 3
Citation 3
After transmission of the draft legislative act to the national parliaments and the following 11 reasoned opinions by national parliaments objecting the Commission proposal on grounds of subsidiarity,
Amendment 41 #
2016/0070(COD)
Proposal for a directive
Citation 4
Citation 4
Having regard to the opinion of the European Economic and Social Committee5, and its counter-opinion; _________________ 5 OJ C,, p..
Amendment 88 #
2016/0070(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable w, including for companies providing cross-borkders of the user undertaking. (See ECJ cases Case C-76/90, Manfred Säger v Dennemeyer & Co. Ltd, [1991] ECR I-4221; Case C-55/94, Reinhard Gebhard v Consiglio dell'Or services. Or. en includineg degli Avvocati e Procuratori di Milano, [1995] ECR I-04165 and E.g. Joined cases 62 and 63/81, See also Seco SA v. Etablissement d’Assurance contre la Vieillesse et l’Invalidité, [1982] ECR 223, para 8,irect and indirect discrimination)
Amendment 102 #
2016/0070(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
Amendment 104 #
2016/0070(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
Amendment 106 #
2016/0070(COD)
(7c) The aim of Art. 4 of Directive 2014/67/EU on the Enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services is to identify genuine posting and prevent abuse and circumvention.
Amendment 107 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 128 #
2016/0070(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) It is the prerogative of the national competent authorities to assess whether the professional activity pursued in the context of provision of services is genuine and whether the provisions of this Directive are applicable in each individual case according to Directive Art. 4 of Directive 2014/67/EU.
Amendment 157 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these challenges to scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 181 #
2016/0070(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency, or the quality and innovation of their goods and services.
Amendment 189 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationpay in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be proportionate and justified by the need to protect posted workers and must not disproportionately resrestrict the cross- border provision of services. The national measures must not be liable for hindering or making less attriactive the cross-border provision of services. exercise of fundamental freedoms guaranteed by the Treaty and be applied in a non- discriminatory manner, they must be justified by imperative requirements in the general interest, and suitable for securing the attainment of the objective which they pursue and they must not go beyond what is necessary in order to attain it. Or. en (GEBHARD ν CONSIGLIO DELL'ORDINE DEGLI AVVOCATI E PROCURATORI DI MILANO para 39)
Amendment 200 #
2016/0070(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 203 #
2016/0070(COD)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
Amendment 206 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements information on elements of minimum rates of pay under national law or collective agreements or arbitration awards which have been declared universally applicable within the meaning of Article 3 (8)should be clear and, transparent and publicly accessible to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remunerationobligations deriving from Article 3 (1) of the Directive on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 231 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non- discriminatory manner to undertakings posting wMember States have the freedom to establish and enforce on their territory appropriate measures applicable to local and foreign service providers in orkders to its territory provided that they do not disproportionately restrict the cross-border provision of serviceensure compliance with the applicable rules to subcontracting chains.
Amendment 250 #
2016/0070(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job. This principle should also apply to temporary agency workers posted to another Member Stateregulates employment conditions applicable to temporary agency workers.
Amendment 262 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(–1) In Article 1, the following paragraph 2a is inserted: 2a. This Directive shall not apply to transport services such as transit, international transport and cabotage.
Amendment 286 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – title
Article 2 a – title
Amendment 287 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 1
Article 2 a – paragraph 1
Amendment 309 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1 a (new)
Article 2a – paragraph 1 a (new)
Amendment 321 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71
Article 2a – paragraph 2
Article 2a – paragraph 2
Amendment 370 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, includingthe minimum rates of pay, including pay for hourly work and/or piecework according to pay groups and overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 409 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatorythe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted.
Amendment 423 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)minimum rates of pay as established by law, regulation or administrative provision, and/or by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8.
Amendment 424 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)minimum rates of pay as established by law, regulation or administrative provision, and/or by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8.
Amendment 440 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71
Article 3 – paragraph 1 – subparagraph 3 a
Article 3 – paragraph 1 – subparagraph 3 a
For the purpose of calculating the sums due to a posted worker double payments of equal or similar nature shall be avoided.
Amendment 443 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
For the purpose of calculating the sums due to a posted worker double payments of equal or similar nature shall be avoided. Miscalculation or omission of payments to a posted worker resulting from not accessible, incorrect or insufficient information published in the single official national website will not be sanctioned by national authorities.
Amendment 450 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
Amendment 16 #
2015/2354(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Single Market Strategy (SMS), which will help to inject new life into Europe’s economies by opening up borders and removing barriers for goods and services; Welcomes the Commission's determination in the Better Regulation agenda including strengthened stakeholder involvement through for example the REFIT Platform, strengthened impact assessments and a strengthening of the REFIT programme; believes that better, more effective and simple legislation will reduce administrative burdens and boost growth and job-creation; regrets, however, that the SMS does not devote particular attention to skills-matching as skills- mismatches remain a barrier to growth and development of the European Single Market;
Amendment 28 #
2015/2354(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that barriers to doing business across borders are barriers to growth and job creation; believes that particular attention must be devoted to reduce administrative burdens through for example simplified VAT-requirements, one-stop-shops for digital public services for businesses with a particular focus for SME's and simplified rules for setting up businesses;
Amendment 46 #
2015/2354(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the deepening of the single market and the digital single market will bring new opportunities and challenges, such as skills, new forms of employment and financial structures, which will have to be addressed; notes with concern that 47 % of the EU-population is insufficiently digitally skilled and that the demand for digitally skilled employees are growing by 4 % per year, underlines in this regard the importance of Member States investing in digital education;
Amendment 55 #
2015/2354(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the potential of the collaborative economy for job creation and a more inclusive labour market across Member States; believes that a country-by-country taxation principle needs to be establishednotes the need to adapt and modernise legislation to reach the potential of the shared economy;
Amendment 72 #
2015/2354(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s support for dual education systems; stresses the importance of ensuring that the SMS does not in any way undermine dual education systems; believes that dual education systems within the EU could be strengthened by a European benchmark on dual education which could highlight the correlation between dual education and youth employment;
Amendment 76 #
2015/2354(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Regrets that the services market remains fragmented; calls on the Commission to deliver the necessary reforms that will remove barriers in the service secton implementation of the Services Directive; underlines that assessments show that when administrative barriers are lower, more by adopting a targeted sector-specific approach for servicesusinesses are created and thereby is the potential for job-creation strengthened;
Amendment 87 #
2015/2354(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to work with the Member States to simplify and speed up procedures for the recognition of professional qualifications, including by facilitating and encouraging the introduction of Common Training Frameworks and a Services Passport to facilitate cross-border recognition of qualifications;
Amendment 94 #
2015/2354(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to support job creation in the collaborative economy by developing appropriate safeguardsadapting and modernising legislation, while at the same time providing a platform that will allow entrepreneurs to grow, innovate and create jobs.
Amendment 5 #
2015/2351(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the impact of the second cycle of the Youth Strategy (2013-2015) in providing a flexible framework for cross- sectoral involvement; values the structured dialogue with youth organisations in this regard; reminds of the eight fields of action promoted by the Youth Strategy;
Amendment 6 #
2015/2351(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of the Youth Strategy, given the EU’s alarmingly's high youth unemployment and NEET rates; stresses that the next cycle (2016-2018) should contribute to the two objectives of the Youth Strategy by focusing on tackling youth unemployment, fostering entrepreneurship among young people, investing in education, and training andfor the skills employers look for, and facilitating the transition to the labour market;
Amendment 16 #
2015/2351(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that there has been a decrease in youth unemployment in most Member States since 2013, despite this fact, notes with real concern that youth unemployment continues to be almost double the overall unemployment rate with around 8 million young Europeans still being unemployed;
Amendment 29 #
2015/2351(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to combat early school-leaving by adequately informing students about future labour market opportunities and qualitative apprenticeshipcareer paths, including apprenticeships, technical and artisanal job profiles;
Amendment 31 #
2015/2351(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that Member States youth policies should be closely coordinated with other policies and that more synergies should be found; further recommends to enhance the cooperation between schools, businesses, public authorities and other labour market stakeholders to estimate the future skills needs to pre-empt skills ' mismatch and to facilitate the process whereby young people choose jobs profiles that actually match the needs of the labour market;
Amendment 41 #
2015/2351(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underscores the importance of recognising competencies acquired in non- formal environments; calls on the Member States to ensure the coherent validation of formal, non-formal and informal learning with a view to bridging the gap between the skills shortages and skills´ mismatch observed in the European labour market and the many young job seekers;
Amendment 52 #
2015/2351(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that employment and entrepreneurship constitute one of the eight priorities identified in the EU Youth Report (2010-2018); stresses that youth work and non-formal learning play a vital role in developing young people’s's creative and innovative potential, including entrepreneurial skills;
Amendment 60 #
2015/2351(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Member States to implement fully the Erasmus+ programme, thereby fostering further cross-border career and labour mobility; expresses concern that the mobility of apprentices has not yet achieved the desired levels and calls on the Commission, the Member States, companies and schools to find solutions to overcome the remaining obstacles to the mobility of apprentices;
Amendment 67 #
2015/2351(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Member States to implement fully the Youth Guarantee, by integrating young people into the labour market with a job, apprenticeship or traineeship within 4 months of leaving school or losing a job and for example by putting in place career guidance systems and compulsory registration forimproving the data available about the unemployed in order to gain a picture of the real situation as regards youth unemployment. as well as improving the services of job centres for young jobseekers;
Amendment 78 #
2015/2351(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the fact that more than EUR 12.4 billion from the European Social Fund (ESF) and the Youth Employment Initiative (YEI) have been earmarked for the fight against youth unemployment during the new programming period; calls for the assessment of the results and objectives achieved via such funding;
Amendment 82 #
2015/2351(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Notes that the Court of Auditors' report on 'EU Youth Guarantee - Implementation in Member States', due to be completed at the beginning of 2017, will provide a clearer assessment of the programme's results; considers that, inter alia, analysis of the efficiency and the long-term results should be outlined in the report;
Amendment 24 #
2015/2340(INI)
Motion for a resolution
Recital B
Recital B
B. whereas trafficking in human beings is defined by the United Nations (Palermo Protocol) as the act of recruiting, transporting, transferring, harbouring or receiving persons by means of the threat or use of force or other forms coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation; whereas the exploitation includes, at a minimum, the exploitation of theforced prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, including child slavery with the purpose of child soldiers, servitude or the removal of organs;
Amendment 31 #
2015/2340(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the ILO estimates that there are around 21 million people in forced labourre is a statistical consensus that many people are victims of HTB globally, being trafficked for labour and, sexual exploitation or being held in slave-like conditions and; whereas of these people 14.2 million were trapped in forced labour, 4.5 million in a situation of forced sexual exploitation, and 2.2 million in state-imposed forced labour; whereaswomen and girls make up 70% of the total detected victims, while men and boys account for 30% 1a; _________________ 1a- from the UNODC Global report 2014, page 29 – 49% women and, 21% girls make up 55% of the total, while men and boys account for 45%;, 18% men, 12% boys. "Detected" is the word used in the UN report
Amendment 54 #
2015/2340(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas six countries with the greatest prevalence of their populations, subjected to "modern slavery", a term associated with human trafficking, are from Latin America (Haiti, Suriname, Guyana, Mexico, Colombia, and Peru)2a; _________________ 2a 2014 Global Slavery Index
Amendment 82 #
2015/2340(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on governments to exercise due diligence in tackleing corruption, which fuels trafficking in human beings and to exercise due diligence in identifying and eradicating herefore leads to public sector involvement or complicity in THB;
Amendment 97 #
2015/2340(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 100 #
2015/2340(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the EU and its Member States to make a particular effort to combat forced labour in EU industries abroad, and in relation to third countries, by applying and enforcing labour standards and supporting governments in adopting labour laws providing minimum protection standards for workers, including foreign workers and to make these standards a precondition for European companies operating in third countrieminimum protection standards for workers, including foreign workers;
Amendment 170 #
2015/2340(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. RegretOutlines that cross-border labour migration has to date not received sufficientshould receive more attention; and underscores theits potential of formalised labour migration as a means of preventing trafficking in human beings and to savesaving lives;
Amendment 194 #
2015/2340(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Urges the EU to refrain from addressing THB primarily as a security issue and from disproportionately focusing on the fight against smuggling; urges the EU and its Member States to pay attention to the identification of refugees and migrants as victims of THB or asinvest in identification mechanisms of THB victims or victims of violations and abuse as part of smuggling in the waves of migrants and asylum seekers;
Amendment 200 #
2015/2340(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 28 #
2015/2327(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that one of the main end results of Erasmus+ should be closing the skills gap and increasing employability; in this context, outlines that, when measuring the programme's efficiency and success, these indicators should be taken into account;
Amendment 76 #
2015/2327(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Encourages the National Agencies, besides managing the top-down implementation of the Erasmus+ programme, also to focus on setting up a forum for constructive dialogue between the authorities in charge with education and labour policies in each Member State, in order to enhance the cooperation aiming to close the skills gap; considers that this undertaking and the data it would gather may be essential during the mid-term evaluation of Erasmus+;
Amendment 92 #
2015/2327(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that, despite clear improvements in recognition and validation systems in education and VET, problems still persist; calls for specific targets such as the implementation of a fully operational credit transfer system and recognition, and for validation of competences acquired through non-formal and informal learning.; outlines that the European Voluntary Service (EVS) aims to increase skills and encourage learning, therefore considers that this experience should be recognised for its value with the aim of raising the employability of the EVS participants;
Amendment 103 #
2015/2327(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Taking into account the importance of multilingualism in raising the employability of young people1a , considers that more efforts should be made to promote and support multilingualism in the Erasmus+ programme; __________________ 1aJRC Science and Policy Report on Languages and Employability, 2015
Amendment 112 #
2015/2321(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the fact that in order to facilitate the social inclusion and integration of refugees into the labour market, it is necessary to address serious and multi-faceted issues such as discrimination, linguistic barriers, diverse socio-economic and cultural backgrounds, health needs, including psychosocial and post-trauma support, family reunification and the significant share of disadvantagedvulnerable groups among refugees, in particular worrying numbers of children, including unaccompanied children, people with disabilities, the elderly and women8 ; _________________ 8 http://www.keepeek.com/Digital-Asset- Management/oecd/social-issues-migration- health/making-integration-work- humanitarian-migrants_9789264251236-en
Amendment 155 #
2015/2321(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that early intervention is crucial to allow for successful social inclusion and integration of refugees into the labour market and their respective communities, in order to diminish future chances of isolation, feelings of inadequacy and misfit;
Amendment 166 #
2015/2321(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the fact that labour market conditions within host countries are a determining factor for the successful and durable integration of refugees; stresses that unemployment in the EU, in particular youth unemployment, is still at alarming levels, and that the Commission and the Member States should continue to prioritise policies and investments aimed at quality jobemployment creation and economic growth;
Amendment 230 #
2015/2321(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls therefore on the Commission to raise the allocation of the European Social Fund to a 25 % share ofin the cohesion policy budget in the revision of the Multiannual Financial Framework11 ; _________________ 11 http://www.europarl.europa.eu/news/en/ne ws-room/20131118IPR25534/MEPs- approve-new-cohesion-policy- %E2%82%AC325bn-to-invest-in- Europe’s-regions
Amendment 311 #
2015/2321(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to put forward a revision of the Reception Conditions Directive in order to ensure that applicants of international protection have access to the labour market no later than six months from the date when the as soon as possible, once their applications wasere lodged;
Amendment 56 #
2015/2315(INI)
Motion for a resolution
Recital F
Recital F
Amendment 63 #
2015/2315(INI)
Motion for a resolution
Recital G
Recital G
G. whereas a significant number of corporations operating in third countriesmany internationally active corporations have substantial business operations or are based in Europe, arnd/or may be owned by European corporations, have assets or goods in Europe or control other corporations in Europe; whereas there is a practice whereby European corporations outsource activities to globalisation and the development of technology has led to increasingly glocbal suppliers or use goods or services iny chains, meaning that their production chains that have been produced or provided by other corporations in countries where human rights standards are lowerprocesses increasingly take place in many different countries and therefore jurisdictions, with different legal systems, different levels of human rights protections and standards and different levels orf enforcement and victim protection are legally or factually lacking;
Amendment 66 #
2015/2315(INI)
Motion for a resolution
Recital G
Recital G
G. whereas a significant number of corporations operating in third countries are based in Europe, are owned by European corporations, have assets or goods in Europe or control other corporations in Europe; whereas there is a practice whereby European corporations outsource activities to local suppliers or use goods or services in their supply and production chains that have been produced or provided by other corporations in countries where human rights standards are lower or enforcement and victim protection are legally or factually lacking;
Amendment 70 #
2015/2315(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, where human rights are breached, appropriate and effective remedies are required; whereas a fairer and more effective remedies system is needed under domestic law to deal with human rights violations committed by business enterpriss require appropriate and effective remedies;
Amendment 74 #
2015/2315(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas a holistic approach to the way in which corporations abide by human rights standards globally is still lacking, and that this is allowing certain states and companies to circumvent such rules;
Amendment 81 #
2015/2315(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is deeply concerned at the human rights violations committedNotes that increasing globalisation and internationalisation of business activities and supply chains creates a situation in which international norms, rules and cooperation are crucial to avoid the human rights abuses in third countries by corporations and business enterprises;
Amendment 84 #
2015/2315(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is deeply concerned at the human rights violations committed in third countries by corporations and business enterprises; reminds corporate actors of their responsibility to respect human rights throughout their global operations, regardless of where their users are located and independently of whether the host state meets its own human rights obligations;
Amendment 86 #
2015/2315(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that continuing globalisation underlines the urgency of enforceable CSR and the role that corporations play in ensuring respect for human rights will become more important;
Amendment 87 #
2015/2315(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Notes that the rapid advances in technology are leading to an increasing privatisation of law enforcement, especially online, which requires urgent attention and a proper legal framework;
Amendment 90 #
2015/2315(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reaffirms the urgent need to act in a continuous, effective and coherent manner at all levels, including at the international and, European Union and national level, in order to effectively address the legal problems resulting from the extra-territorial dimension of companies and of their conduct, and the related uncertainty as to where the liability for human rights violations lieshuman rights abuses by international corporations when they appear and to address the legal problems and uncertainties around this issue;
Amendment 97 #
2015/2315(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the adoption of the UNGPs; emphasises that the UNGPs were agreed unanimously in the UN with the full support of EU Member States, the ILO and the International Chamber of Commerce, including support for the concept of a ‘smart mix’ of regulatory and voluntary action; strongly supports the implementation of the UN Guiding Principles on Business and Human Rights and calls on companies to implement them, including through the establishment of due diligence policies and risk management safeguards, and the provision of effective remedies when their activities have caused or contributed to an adverse human rights impact;
Amendment 102 #
2015/2315(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on companies to integratmake sure theat findings of their human rights due diligence processes are actually translated into policies and procedures, withich aresources and authority assigned accordingly, and to communicate their commitment and actions externally, in order to identify, prevent and mitigate any negative human rights impact of their activities duly implemented; stresses that this requires sufficient resources to be allocated;
Amendment 103 #
2015/2315(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on companies to urgently integrate the findings of theirin their management process human rights due diligence processes intoand to transpose its findings into internal policies and procedures, with resources and authority assigned accordingly, and to communicate their commitment and actions externally, in order to identify, prevent and mitigate any negative human rights impact of their activities;
Amendment 107 #
2015/2315(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses that transparency and communication on measures taken to avoid human rights abuses in third countries are crucial to allow proper democratic oversight and to allow consumers to make fact-based choices;
Amendment 110 #
2015/2315(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recognises the major importance of CSR and welcomes the growing use of instruments based on CSR and the self- commitment by corporations; strongly emphasises, however, that avoiding violationabuses of human rights is not a matter of charity or something to be done on a voluntary basis but a legal obligation on enterprises and their management, wherever they maya moral obligation, wherever companies are active and whatever their size or industrial sector;
Amendment 111 #
2015/2315(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recognises the major importance of CSR and welcomes the growing use of instruments based on CSR and the self- commitment by corporations; strongly emphasises, however, that avoiding violations of human rights is not a matter of charity or something to be done on a voluntary basis but avoluntary action but an ethical question and legal obligation on enterprises and their management, wherever they may act and whatever their size or industrial sector;
Amendment 117 #
2015/2315(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that, if companies should take moral responsibility if they find that they have caused or contributed to harm, they must provide for or participate in effective remedy processes for the individuals and communities affected;
Amendment 118 #
2015/2315(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that, if when companies find that theyare found to have caused or contributed to harm, they mustall instruments must be used so that the companies provide for or participate in effective remedy processes for the individuals and communities affected;
Amendment 125 #
2015/2315(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Warmly welcomes the preparCalls on the EU and its Member States to constructively engage in the negotiations of a binding UN Treaty on Business and Human Rights, and strongly calls for the EU Member Statethe Open-ended Inter- Governmental Working Group on the elaboration of an international legally binding instrument on transnational corporations and othe EU itself to promote and take part in this procesr business enterprises with respect to human rights and to implement the UN Guiding Principles on Business and Human Rights;
Amendment 130 #
2015/2315(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the different but complementary roles of states and companies with regard to human rights protection; recalls that states have a duty to protect everyone within their jurisdiction, including against human rights abuses committed by companies, even if they operate in third countries; strongly recalls that, where human rights abuses occur, the victims’ states must grant them access to an effective remedy, and points out that the EU shares that duty with regard to areas of exclusive or shared competence;
Amendment 136 #
2015/2315(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for policy coherence on business and human rights at all levels: within different EU institutions, between the institutions, and between the EU and its Member States; notes that this will require intensive cooperation between different Directorates General within the Commission and the European External Action Service;
Amendment 141 #
2015/2315(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on all national and international authoritithe Member States to ensure that binding instruments devoted to the effective protection of human rights in this fieldrd countries are adopted as a matter of urgency and as widely as possible, and that all obligations stemming from the abovementioned international rules are enforced; hopes that European efforts on CSR can be a model for other countries;
Amendment 142 #
2015/2315(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on all national and international authoritiMember States to ensure that binding instruments devoted to the effective protection of human rights in this field are adopted as a matter of urgency and as widely as possible, and that all obligations stemming from the abovementioned international rules are enforced;
Amendment 148 #
2015/2315(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to implement the UNGPs swiftly and robustly, including by developing National Action Plans; deplores that, notwithstanding the Commission’'s 2001 CSR communication, only a fewnot all Member States have adopted CSR statements or policies that mention human rights or have published their plans on business and human rights;
Amendment 154 #
2015/2315(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the Member States to legislate in a coherent, holistic, and effective and binding manner in order to meet their duty to prevent, investigate, punish and redress human rights violations, including those perpetrated in third countries, directly or indirectly, by corporations acting under their jurisdiction;
Amendment 159 #
2015/2315(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to lay down clear requirements as to the fact that companies domiciled in their territory and/or jurisdiction must respect human rights throughout their operations, in every country and context in which they operate; considers that theycompanies should ensure that they have systems in place to assess risks and mitigate potential negative impacts related to human rights, labour, environmental protection and disaster-related aspects of their operations and value chains, and periodically assess the adequacy of such lawsmitigation measures put in place and address any shortcomings;
Amendment 160 #
2015/2315(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to lay down clear requirements as to the factules that companies domicilestablished in their territory and/or jurisdiction must respect human rights throughout their operations, in every country and context in which they operate; considers that they should ensure that they have systems in place to assess risks and mitigate potential negative impacts related to human rights, labour, environmental protection and disaster-related aspects of their operations and value chains, and periodically assess the adequacy of such laws and address any shortcomings;
Amendment 172 #
2015/2315(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to compel companies that usework towards responsible sourcing for raw materials orand commodities that might, especially those originate ing from conflict-affected areas (for example, so- called conflict minerals) to disclose their sourcing and use of such materials;
Amendment 189 #
2015/2315(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 192 #
2015/2315(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Member States to take any appropriate steps to ensure, through judicial, administrative, legislative or other appropriate means, that when such human rights violations occur, those affected have access to an effective remedy, piercing the veil of the legal personality, when a corporation based in the EU holds, directs or controls companies that are responsible for human rights violations in third countries; calls on the Member States to take appropriate steps to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy;
Amendment 200 #
2015/2315(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that collective redress mechanisms could potentially decrease the costs of litigation for victims of human rights infringements; welcomes the recommendation on collective redress adopted by the Commission9 and regrets that only a fewurges all Member States haveto compliedy with it; this recommendation; encourages all Member States to comply with this recommendation; __________________ 9this type of class action to be applicable to non-EU citizens who are victims of human rights abuses by EU companies found to have caused or contributed to harm; __________________ 9 OJ L 201, 26.7.2013, p. 60. OJ L 201, 26.7.2013, p. 60.
Amendment 207 #
2015/2315(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the non-binding private sector initiatives for responsible supply chain management introduced by the Commission’'s services, but stresses that non-binding private sector initiatives are by themselves not sufficient; calls for urgent binding and enforceable rules and related sanctions and independent monitoring mechanisms;
Amendment 208 #
2015/2315(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the non-binding private sector initiatives for responsible supply chain management introduced by the Commission’s services, but stresses that non-binding private sector initiatives are by themselves not sufficient; calls for urgent binding and enforceable rules and related sanctions and independent monitoring mechanisms;
Amendment 220 #
2015/2315(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Strongly calls for the systematic inclusion in trade and investment agreements of rules on corporate liability for violations of human rights, to be implemented at national level, and of references to internationally recognised principles and guidelines; notes that trade agreements in general can contribute to reinforcing the global rules-based trading system and that trade and values must go hand in hand, as recently outlined by the European Commission in its new trade strategy 'Trade for All';
Amendment 222 #
2015/2315(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Calls on the Commission to urgently come forward with a legislative proposal for the export control of dual use items, since technologies made by European companies are still being used for human rights violations all over the world;
Amendment 225 #
2015/2315(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 231 #
2015/2315(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 232 #
2015/2315(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 239 #
2015/2315(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 241 #
2015/2315(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls that, when human rights violations are perpetrated by corporations, this action oftenmay involves personal criminal liability and calls for those responsible for such crimes to be prosecuted at whatever level;
Amendment 251 #
2015/2315(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recommends the creation of an ‘abuse-free’Notes that the use of clear and transparent labelling of products brand at EU level, participation in which would be on a voluntary basis, monitored by an independent body governed by strict rules and endowed with powers of inspection, devoted to verifying and certifying that no abuse has been committed at any stage in the chain of production of the relevant goodproper information supply to consumers is crucial, with proper oversight and inspection by independent bodies;
Amendment 4 #
2015/2255(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the fundamental freedom to provide services laid down in Article 56 TFEU,
Amendment 7 #
2015/2255(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
- having regard to the fundamental freedom of movement of workers laid down in Article 45 TFEU,
Amendment 8 #
2015/2255(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the on-going implementation of Directive 2014/67/EU,
Amendment 17 #
2015/2255(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the adoption of the European Platform to enhance cooperation in the prevention and deterrence of undeclared work,
Amendment 20 #
2015/2255(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Eurofound report entitled “Posted workers in the European Union” (2010) and the national reports,
Amendment 35 #
2015/2255(INI)
Motion for a resolution
Recital A
Recital A
A. having regard to the increased trend towardsexistence of undeclared work, bogus and false self- employment, outsourcing and subcontracting, leading to an indecrease in precarious jobs and deterioratingd levels of worker protection,;
Amendment 67 #
2015/2255(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union in its judgment in case C- 34/05 Laval of 18 December 200710 highlighted the legitimacy of the struggle against social dumpingright to undertake collective action against possible social dumping and emphasized that such action must be proportionate in order not to restrict the fundamental freedoms of the EU, such as the freedom to provide services, __________________ 10 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =EN&mode=lst&dir=&occ=first&part=1& cid=498309
Amendment 80 #
2015/2255(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas there is no clear, universally accepted definition of social dumping, whereas as a rule, the activities relating to social dumping are considered not to be in compliance with the minimum requirements of labour standards;
Amendment 101 #
2015/2255(INI)
Motion for a resolution
Recital D
Recital D
D. having regard to the importance of the principle of 'equal pay and social protection for the same work at the same placefor equal work' for all European workers,;
Amendment 150 #
2015/2255(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspectionWelcomes the ratification by the Member States of the ILO Convention No. 81 on labour inspections and the progress made by adopting the new European Platform to enhance cooperation in the prevention and deterrence of undeclared work; in this regard, recognizes the Commission's work in financing the mutual learning programmes for labour inspectors in the Member States and the progress made via SLIC system;
Amendment 160 #
2015/2255(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the Commission´s intention to evaluate EU OSH legislation as part of the Smart Regulation programme;
Amendment 169 #
2015/2255(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to increase the staffing levels and resourcesefficiency of their labour inspectorates and their liaison offices, in particular for interpretation and translation;
Amendment 195 #
2015/2255(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body of cross-border labour inspectWelcomes the goals laid down by the European Platforsm to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body woulenhance cooperation in the prevention and deterrence of undeclared work in coordination with the platform against undeclared work in order to limit the financial burden involveder to mitigate the consequences of undeclared work, to learn from the best practices as well as to share and exchange information of how to tackle it;
Amendment 223 #
2015/2255(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the implementation by Member States of electronic systems for the registration of the prior declaration of posting missions, welcomes the functionalities of the EU IMI system;
Amendment 238 #
2015/2255(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 189 concerning decent work for domestic workersNotes the Council of Ministers Decision authorising the EU Member States to ratify ILO Domestic Workers Convention No. 189 and calls on the Member States follow the decision;
Amendment 245 #
2015/2255(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 274 #
2015/2255(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that information on postings should not be retroactivebe up-to-date and correct and should be entered in a European electronic register; stresses that the competent authorities of the host Member State should be able to revise form A1 in the event of serious doubts about whether a posting is genuine; ;
Amendment 282 #
2015/2255(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls its appeal for the creationWelcomes looking into the efficiency of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’'s employment relationship'11 ; wishes all as well as storing the information associated with the worker's postings to feature on this card; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//EN
Amendment 299 #
2015/2255(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. CRecalls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislationthat attention should be drawn to serious breaches of EU and national legislation relating to posting of workers;
Amendment 318 #
2015/2255(INI)
Motion for a resolution
Subheading II
Subheading II
II. Addressing regulatory gaps in order to implement the principle of 'equal pay and equal social protection for the same work'the implementation of the posting of workers in the EU
Amendment 327 #
2015/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. CRecalls on the Commission to combatobjectives of Directive 2014/67/EU in fighting the phenomenon of letterbox companies by, calls on applying more generally the principle that each company should have a single corporate headquarters; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companiesbe able to exercise the fundamental freedom to establish itself and provide services across the EU;
Amendment 335 #
2015/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarter, in cases of free provision of services with temporary posted workers, each company involved should perform a genuine 'activity' and therefore be genuine undertakings; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;
Amendment 354 #
2015/2255(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that Directive 96/71/EC refers only tohave as a basis Articles 57 and 66 TFEU relating to the freedom to provide services and freedom of movement; believes that its legal basis must be complemented by Articles 151 and 153 TFEU;
Amendment 370 #
2015/2255(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positionsis fundamental; stresses the needimportance to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration;
Amendment 382 #
2015/2255(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to monitor the progress on the on-going implementation of the Enforcement Directive and to facilitate and assist Member States´ authorities with its implementation;
Amendment 390 #
2015/2255(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 413 #
2015/2255(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Believes that the forthcoming Labour Mobility Package should not re-open the Posting of Workers Directive without thorough prior consultation with businesses and social partners;
Amendment 416 #
2015/2255(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Is of the view that the principle "equal pay for equal work in the same place" is unrealistic in terms of its applicability in practice and could seriously impact labour mobility and free movement of services in the EU;
Amendment 433 #
2015/2255(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for increased controlsenforcement on the implementation of working time and rest times in transport ; calls for the introductionencourages the continued monitoring of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 shall be fitted with a smart tachograph'12 ´; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7
Amendment 458 #
2015/2255(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for the creation of aBelieves that creating one European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed could be looked into;
Amendment 467 #
2015/2255(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Asks the CommissionMember States to clarify the provisions so that a distinction can be drawregarding the distinction between employees and self- employed workers to combat 'bogus self employment'; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they workin the transport sector, also in view of combatting 'bogus self employment';
Amendment 496 #
2015/2255(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notification;
Amendment 517 #
2015/2255(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need for a new regulation on groundhandling at airports to ensure mandatory social and wage protection for workers in the event of new calls for tenders or the partial loss of work; supports the introduction of rules to ensuresocial protection for workers; calls for the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State; calls for thea clarification of the definition of '´home base'´ to better protect the social rights of cabin crews, in particular their rest periods;
Amendment 532 #
2015/2255(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on Member States to review their laws to eliminate precarious contracts called 'zero hour contracts' or 'pay to fly contracts'; believes that precarious working conditions are an additional safety riskprovide sufficient flexisecurity at the labour market;
Amendment 540 #
2015/2255(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 552 #
2015/2255(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 571 #
2015/2255(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission rapidly to draw up proposals toto continue combatting unfair competition in the; agrees that appropriate regulatory environment is needed for digital and sharinged economy;
Amendment 593 #
2015/2255(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights over economic freedomsthe fundamental freedoms of the EU, such as the right of establishment and the freedom of movement of services have to be safeguarded;
Amendment 611 #
2015/2255(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systemcommitments of all the Member States under the EU Charter of Fundamental Rights cannot provide such a basis, but can only serve as a preliminary analytical frameworkd the European Social Charter;
Amendment 626 #
2015/2255(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. DesireRecalls that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60% of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workersMember States have the competence to establish minimum rates of pay via law and / or collective agreements; reminds that Article 153 TFEU excludes "pay" as EU competence;
Amendment 649 #
2015/2255(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 667 #
2015/2255(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 677 #
2015/2255(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. CRecalls on the Commission to propose an appropriate legislative vehicle providing that companies have a duty of care for which they may be held liable, in respect of both their subsidiaries that their subcontractors operating in third countries in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation of ILO Conventionthat the provisions of the Enforcement Directive on subcontracting liability are designed to ensure the security in the supply chain for workers;
Amendment 691 #
2015/2255(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 6 #
2015/2224(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes that ITI and CLLD have the potential to respond directly to local needs and challenges in a more focused and appropriate way and therefore they contribute to the sustainability of employment initiatives;
Amendment 25 #
2015/2224(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to create channels of communication with Member States and local agents in order to ensure real and meaningful participation by local actors in the process and points out that CLLD and ITI will only achieve success with the commitment and ownership of all the stakeholders involved;
Amendment 29 #
2015/2224(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is concerned that in some Member States CLLD is sometimes a ‘box ticking’ exercise rather than a genuine bottom-up approach and in this context insists that local actors have real decision making powers;
Amendment 32 #
2015/2224(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the potential of the bottom-up approach of CLLD in creating job opportunities and encouraging sustainable rural development, and would welcomcalls on the Commission to actively pursue the inclusion of urban areas in this mechanism;
Amendment 3 #
2015/2154(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes furthermore the Court’'s recommendations that the Europe2020 strategy and the MFF need to be better aligned, the high-level political aims need to be translated into useful operational targets, and the focus on results should be reinforcedstresses the importance of focussing on performance and results as well as on added value, particularly in the cases of the employment and social headline targets, where the Commission does not have the competence to create a legally binding framework;
Amendment 8 #
2015/2154(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the Court’s observations about the increased risk of irregularities in cases of small and medium-sized enterprises (SMEs) participating in Horizon 2020; supports the Commission’s reply that SMEs' involvement in the programme is crucial for the creation of growth and jobs and welcomes that the administrative rules for SMEs have been simplified, stresses the importance of creation of sustainable jobs through SMEs;
Amendment 11 #
2015/2154(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Expresses its regretNotes that the intangible nature of investments in human capital, the diversity of the activities and the involvement of multiple, often small-scale partners in the implementation of projects continue to be the main risks to regularity of spending of European Social Fund (ESF) expenditure; calls on the Commission to continue with specific mitigating actions, including both preventative and corrective measures;
Amendment 15 #
2015/2154(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that the promotion of broader use of simplified cost options can lead to the reduction of the administrative burden on the beneficiaries, to fewer errors and more orientation on performance and results;
Amendment 19 #
2015/2154(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Expresses its concerns about the fact that out of 1708 transactions examined by the Court in the employment and social affairs policy area 602 (354.8 %) were affected by error, out of which 12 were quantifiable errors exceeding 20% (6.7%); urges the Commission to implement corrective measures and apply strict procedures to reduce the risk of irregularities in this policy area as well as to follow up the cases of ineligible expenditure identified by the Court;
Amendment 24 #
2015/2154(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to follow the Court’s recommendations in order to ensure that the implementafurther increase the contribution of the Union budget contributes to the achievement of the employment and social headline targets of the Europe 2020 strategy.
Amendment 24 #
2015/2147(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recognises that the Digital Single Market can only become a reality when there is access to high performance broadband infrastructure throughout the regions of the EU in both urban and rural areas;
Amendment 28 #
2015/2147(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that only 1.7% of EU enterprises make full use of advanced digital technologies while 41% do not use them at all; stresses that if the EU is to maintain and improve its competitiveness digitalisation of all sectors is crucial;
Amendment 68 #
2015/2147(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that 35% of the EU population is at risk of exclusion from the Digital Single market in particular those over 50 and people with disabilities and in this context stresses that accessible technologies can help deliver digital inclusion and improve access to the labour market;
Amendment 69 #
2015/2147(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Is convinced that accessibility is best achieved and most cost effective when incorporated from the outset using a universal design approach and that it also represents a potential business opportunity;
Amendment 80 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. PNotes that the demand for digitally skilled employees is growing by around 4% per year and that shortages of ICT professionals in the EU could exceed 800,000 by 2020 if no decisive action is taken; points out that as job and skills profiles become more complex, new demands are being placed on training and further education; emphasises the importance of social dialogue in efforts to bring course content up to date and develop skills strategies;
Amendment 133 #
2015/2147(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out that the digitalisation-driven trend towards more flexible working practices may also give rise to precarious forms of employment to which current standards as regards social security, working time, working location, worker participation and employment protection no longer apply; calls for self-employed persons with quasi-employee status to be placed on an equal footing with employed persons under employment law;
Amendment 6 #
2015/2116(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the interim report of the UN's Special Rapporteur on freedom of religion and belief, Hans Bielefeldt, submitted in accordance with general Assembly resolution 68/170 on Freedom of religion and belief,
Amendment 14 #
2015/2116(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
– having regard to the Gender Equality Directive (Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)),
Amendment 29 #
2015/2116(INI)
Motion for a resolution
Recital F
Recital F
F. whereas evidence collected by the European Union Agency for Fundamental Rights (FRA) shows that racism, xenophobia, as well as homophobia and transphobia and related forms of intolerance are widespread, despite measures taken by governments and civil society across the EU, and whereas the social and political climate is growing ever more tolerant of extremist, racist and xenophobic agendas that exploit fears about youth unemployment and security in the face of terrorism and other geopolitical challenges;
Amendment 31 #
2015/2116(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the FRA LGBT survey (http://fra.europa.eu/en/publication/2014/ eu-lgbt-survey-european-union-lesbian- gay-bisexual-and-transgender-survey- main) as well as the FRA "Being Trans in Europe" (http://fra.europa.eu/en/publication/2014/ being-trans-eu-comparative-analysis-eu- lgbt-survey-data) report highlight the persisting discrimination of LGBT people in access to and within the labour market;
Amendment 69 #
2015/2116(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that religion is sometimes used as proxy for race when it comes to discrimination in employment, based on the real or perceived belonging of a person to a religion;
Amendment 73 #
2015/2116(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the role played by the European Court of Human Rights, through its decisions in the interpretation and implementation of the Directive, and looks forward with interest to the future first decisions on this matter of the Court of Justice of the European Union (CJEU);
Amendment 81 #
2015/2116(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that the courts of justice should focus more with making sure that an assertion of religious belief is made in good faith instead of assessing the validity or correctness of a religion or belief;
Amendment 83 #
2015/2116(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that further harmonization is needed following decisions of both national courts and the ECtHR when assessing the principle of secularity of the state against the provisions of Article 4 (2) of the Employment Equality Directive regarding the ethos;
Amendment 88 #
2015/2116(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is of the opinion that it should be considered that, in accordance with the case law of the ECtHR the Directive provides protection against discrimination on the ground of the employer's religion or belief;
Amendment 92 #
2015/2116(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that restrictions imposed by employers to the wearing of religious symbols are not always in line with international human rights standards, as they are not limited to well-defined and narrow circumstances or do not pursue a legitimate goal, and Member States do not always check the validity of these restrictions; is concerned that some Member States have introduced general bans on religious symbols in public bodies, in the name of neutrality and secularism, which have led to attempts to extend such restrictions to the private sector;
Amendment 112 #
2015/2116(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the fact that all Member States offer grants or subsidies to employers providing reasonable accommodation, thereby incentiviszing employers to adapt the workplace in order to hire people with disabilities; Recommends that national, regional and local authorities propose guidance for reasonable accommodation and prevention of exclusion of specific vulnerable groups; calls for dialogue with social partners, such as trade unions and employers with an aim at defining guidance for reasonable accommodation practices to be put in place;
Amendment 117 #
2015/2116(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges the European Commission and the Member States to adopt quality frameworks for traineeships with a view to ensuring reasonable accommodation and accessibility for persons with disabilities;
Amendment 212 #
2015/2116(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recalls that the scope of protection from discrimination available to trans people remains uncertain in many Member States; calls for measures to implement effectively national legislation transposing the Gender Equality Directive (recast); points out that such measures could include improved legal definitions and the extension ofto ensure that protections for trans people to include others thans all trans people not only those undergoing or have undergone gender reassignment21 ; __________________ 21 Ibid.
Amendment 216 #
2015/2116(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Is concerned that rights awareness in the area of discrimination, and awareness of the existence of bodies and organisations offering support to victims of discrimination, are low, with higher rates of awareness among LGBTI people; takes the view that national, regional and local authorities, along with workers organisations, should substantially intensify awareness raising activities for both victims and employers; points out that national LGBTI organizations are key partners in these efforts;
Amendment 227 #
2015/2116(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Member States to adopt clear definitions of ‘family members’ for LGBTI familiesensure mutual recognition of partnership status and matrimonial regimes, as well as parenting rights; Calls on the European Commission and Member States to take account of the specific discrimination intersex people face in employment and to review laws and practices with a view to preventing discrimination of intersex people;
Amendment 235 #
2015/2116(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights that lack of comparable equality data makes it more difficult to prove the existence of discrimination, particularly indirect discrimination; calls on the Member States to collect equality data in a systematic way and with the involvement of national equality bodies and national courts; calls on the Commission to take initiatives to promote such data collection by means of a Recommendation to Member States, and by tasking Eurostat with the development of consultations aiming at mainstreaming data disaggregation on all discrimination grounds in European Social Surveys' indicators;
Amendment 247 #
2015/2116(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes the important role of the national equality bodies in the implementation of the Employment Equality Directive, contributing to awareness raising and data collection, staying in touch with the social partners and other stakeholders, addressing underreporting and making complaint processes more accessible; calls for the role of the national equality bodies to be strengthened, and their capacities enhanced, including through the provision of adequate funding;
Amendment 249 #
2015/2116(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Highlights that the Directive mentions the disproportionate impact of multiple discrimination on women; recommends that national, regional and local authorities, law enforcement bodies, including labour inspectors, national equality bodies and civil society organisations, increase their monitoring of the intersectionality between gender and other grounds in cases of discrimination and in practices;
Amendment 253 #
2015/2116(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
Amendment 284 #
2015/2116(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Considers it necessary that adequate training is provided for employees of national, regional and local authorities and law enforcement bodies and labour inspectors; believes that training for judges, prosecutors, lawyers and police force on non-discrimination legislation in employment and case-law is of critical importance, along with training on cultural understanding and unconscious bias provided by organisations representing the most discriminated groups;
Amendment 286 #
2015/2116(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Considers it necessary that the European Commission provides private companies, including SMEs and micro companies with models for equality and diversity frameworks which can be later replicated and adapted according to their needs; Calls on the business stakeholders to go further than making pledges with regard to respecting equality and diversity, by, among others, reporting annually their initiatives in this respect with the help of the equality bodies if they want to;
Amendment 298 #
2015/2116(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Considers it necessary that the Commission adopts a European framework for national strategies to combat anti-Semitism, Islamophobia and other forms of racism;
Amendment 5 #
2015/2107(INI)
Motion for a resolution
Citation 15
Citation 15
– having regard to the ‘EUROPE 2020 – A strategy for smart, sustainable and inclusive growth' (COM(2010)2020), and to its main objective which is to increase employment levels to 75% by the end of the decade in the European Union, including through the greater involvement of women, older workers and better integration of migrants in the workforce;
Amendment 8 #
2015/2107(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to the Communication of the European Commission 'Taking stock of the Europe 2020 Strategy for Smart, Sustainable and Inclusive Growth' (COM(2014) 130 final/2),
Amendment 10 #
2015/2107(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
- having regard to the European Commission's White paper 'An Agenda for Adequate, Safe and Sustainable Pensions' (COM(2012) 55 final),
Amendment 31 #
2015/2107(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas health and safety at work promotes growth, competitiveness, productivity and improves the sustainability of the social security systems;
Amendment 35 #
2015/2107(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas demographic ageing is one of the main challenges of the EU Member States' social policies;
Amendment 46 #
2015/2107(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the proportion of workers, who report their health and safety to be at risk because of their work, varies significantly across Member States, which underlines the need for a much stronger European focus on implementation and enforecement of the excisting OHS legislation14 ; __________________ 14 5th Working Conditions Survey, Overview Report, Eurofound (2012) http://www.eurofound.europa.eu/sites/defa ult/files/ef_publication/field_ef_document/ ef1182en.pdf
Amendment 50 #
2015/2107(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas clear, efficient, well implemented and enforceable legislation is a precondition for compliance with OHS requirements, which is today heavily regulated with 24 directives, and thereby a precondition for a high level of protection for all workers regardless of contract and place of work;
Amendment 100 #
2015/2107(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that all employees have a right to the highest level of protection regarding health and safety in the workplace regardless of the size of the employer, the underlying contract or the Member State of employment; points out that complex, unclear and overlapping OSH rules can have unintended consequences and undermine employers' protection, stresses therefore the need for better, more clear and efficient rules in the field of OSH;
Amendment 112 #
2015/2107(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes that many important fields of action are identified in the EU OSH strategic framework; stresses, in this context, that more concrete legislative measures shoulda stronger focus on implementation and enforcement of the existing rules as well as the development of non-legislative tools must be included in the framework, following the 2016- review;
Amendment 113 #
2015/2107(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes that many important fields of action are identified in the EU OSH strategic framework; stresses, in this context, that more concrete legislative measures shoulda stronger focus on implementation and enforcement of the existing rules, as well as the development of non-legislative tools must be included in the framework, following the 2016- review;
Amendment 124 #
2015/2107(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to define and apply quantitative reduction targets at EU level for occupational diseases and accidents at workvelop guidance, encourage the exchange of good practices and to carry out awareness raising campaigns on implementing OSH policies following the 2016- review of the OSH strategic framework and to rely on the latest research findings when reviewing the framework;
Amendment 150 #
2015/2107(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that national OSHS strategies are essential and contributes to improvements in OSHS in the Member States and stresses that regular reporting on progress made should be encouraged; considers it necessary to continue to initiate and coordinate policiesapply a much stronger focus on implementation and enforcement of the existing OHS legislation at EU level with a view to ensuring a high level of occupational health and safety for all workers;
Amendment 169 #
2015/2107(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges theEncourages Member States to incorporate quantitative and measurable targets into their national strategies;
Amendment 180 #
2015/2107(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Encourages Member States to set up contact points, exchange good practices and share experiences in implementing national OSH strategies, thus promoting mutual learning
Amendment 186 #
2015/2107(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges the importance of taking into account the situation, specific needs and lack of compliance by micro and small enterprises in the implementation of OSH measures at company level; encouragesmicro, small and medium enterprises, which create 85% of European jobs; stresses that the lack of awareness, absence of guidance, relative higher costs of compliance lead to a deficient enforcement of regulatory requirements by MSMEs; outlines that awareness raising, exchange of good practices, user friendly guides and online platforms are of outmost use and importance to help micro, small and medium enterprises comply with OSH regulatory framework; encourages, in this context, the Commission, EU-OSHA and the Member States to continue developing practical tools and guidelines, which improve the compliance of SMEs with OSH requirements;
Amendment 202 #
2015/2107(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls onEncourages the Member States and social partners to take initiatives to upgrade the skills of health and safety representatives and managers in accordance with national customs and traditions; calls on the Commission to draw up guidelines for the involvement of employeethe social partners in implementing preventive OSH measures;
Amendment 213 #
2015/2107(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that a precondition for good OSHS management and performance is clear, efficient, well implemented and enforceable legislation and documented risk assessment, which allows for appropriate preventive measures to be put in place;
Amendment 217 #
2015/2107(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that a precondition for good OSH management and performance is documented risk assessment, which allows for appropriate preventive measures to be put in place; welcomes, in this context, the online platform OiRA, which allows to build easy-to-use and cost-free online tools that can help micro and small organisations to put in place a step-by- step risk assessment process;
Amendment 232 #
2015/2107(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that ensuring a level playing- field across the EU and eliminating unfair competition and social dumping is crucial; stresses that labour inspectorates play a key role in enforcing workers' rights to a safe and healthy working environment; calls onreminds the Member States to followof the ILO recommendation of a minimum of one labour inspector per 10 000 workers and to increase staffing and resources available to labour inspectorates;
Amendment 242 #
2015/2107(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes that although the key drivers in a majority of companies for implementing OSH measures are the legal obligations, non-legislative tools should be more broadly used (i.e. awareness raising campaigns, setting voluntary norms, the use of online tools) to help companies understand and comply with the OSH legislation;
Amendment 250 #
2015/2107(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes efforts to improve the quality of the regulatory frameworkand to reduce the administrative burden of the implementation of the regulatory framework; outlines that the existing rules should be improved and simplified, especially by avoiding overlapping, while preserving the high standard of workers' health and safety; reminds the Commission, however, that the submission of OSH directives to the REFIT exercise and modifications of legislation should be transparent, involve social partners and must under no circumstances result in reductions in occupational health and safety;
Amendment 282 #
2015/2107(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to take action on one of the most prevalent work- related health problems in Europe and submit a proposal for a comprehensive directive on musculoskeletal disorders (MSDs) to improve effective prevention and address the causes of MSDs; pPoints out that integrating provisions of existing directives into a comprehensive directiveframework laying down minimum requirements for protecting workers from exposure to ergonomic risk factors can benefit both workers and employers;
Amendment 309 #
2015/2107(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and the Member States to develop and implement a programme for systematic monitoring of psychosocial risks, including stressystematically monitor and gather comprehensive data regarding the psychosocial risks, including stress, in order to elaborate efficient recommendations to fight these risks; outlines, at the same time, that mental health and psychosocial risks can be influenced by many factors, not all of the arising from work-related activities or environment; calls on the employers to make efforts to find the balance between workers' capacity and job design, in order to diminish these risks;
Amendment 332 #
2015/2107(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to adopt a targeted approach to improve the health and safety situation of workers in precariouslog-term unemployment and involuntary part-time employment and to take into account the negative effects that precarious employmenit has on occupational health and safety when addressing this issue in general;
Amendment 348 #
2015/2107(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses the importance of occupational health and safety measures to target the specific challenges and risks of women in the workplace, which result from the nature of some jobs where they are over-represented;
Amendment 353 #
2015/2107(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Points out that due to the demographic challenge of ageing, the extension of working life becomes necessary; outlines that OSH regulatory framework should boost the sustainability of working life and healthy ageing by encouraging flexibility of the work place and organisation, inter alia, by promoting accessible working time and adaptability to the changing capabilities of workers because of ageing;
Amendment 354 #
2015/2107(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Calls on the Commission to promote integration and rehabilitation measures for people with disabilities;
Amendment 363 #
2015/2107(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission and Member States to collect gender and age- specific high-quality statistical data on work-related diseases in order to constantly improve and adapt, where needed, the legislative framework, in accordance to the new and emerging risks;
Amendment 10 #
2015/2103(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. points out that while automation has in general positive effects, nevertheless, over the next decade some jobs will be completely eliminated and many others affected. Highlights that for the time being, considering the currently available technologies, activities which involve human interaction like caring, guiding and leading people or which require expertise for decision making, planning or creative work are the hardest ones to automate;
Amendment 19 #
2015/2103(INL)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. stresses that robotisation requires an interplay among several factors such as: technical feasibility, the cost of developing and deploying both the hardware and the software for automation, the cost of labour and related supply-and-demand and the benefits apart from labour substitution i.e. the quality of output. Therefore, understanding the activities that are most susceptible to automation from a technical perspective could provide an unique opportunity to rethink how workers engage with their jobs and how digital labour platforms can better connect individuals, teams and projects;
Amendment 38 #
2015/2103(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. calls for efforts to create the kind of educational system that will preserve the value of human labour in the future to prevent situations where groups which might be considered "obsolete" could be deemed "inferior". Highlights also the importance of peopling adapting their skills to the tasks in which they continue to have a comparative advantage over machines;
Amendment 50 #
2015/2103(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. points out however, that there are risks from using robots which should be carefully weighed against the benefits they might bring. Work injuries caused by robots and related claims should be kept in mind. While wearable robot technology like exoskeletons aimed at protecting against workplace injuries might increase productivity, they could give rise to higher employer expectations of human workers and, in turn, to greater injury risks. This must be taken into consideration by legislators, employers, unions and employees via internal rules, collective agreements etc. Other risks associated with robots might relate to anti-discrimination which could occur following a job interview in the event of data that was acquired leading to unintended analysis. Trade and privacy issues could also appear following the use of robots;
Amendment 61 #
2015/2103(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. points out that, whilst robotics and artificial intelligence promise real advantages in the short and medium term in terms of effectiveness and economy not only for production and trade but also in areas where human intelligence hitherto meant there were only humans (whose work will be increasingly unnecessary), there is a danger of the number of jobs in the field of robotics not increasing to match the number of jobs which are expected to be lost; believes in this regard that employee ownership and financial participation schemes for employees to co- own and invest in robots could play a role in ensuring employees have a financial interest in robots which may compete with them on the labour market in the future thus ensuring a second stream of income independent from their job;
Amendment 67 #
2015/2103(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. stresses that the majority of benefits coming from automatisation and robotisation in employment should come not only from reducing labour costs but from raising productivity through fewer errors, higher output and improved quality, safety and speed;
Amendment 75 #
2015/2103(INL)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. highlights that a loss in employment in the medium and long term as a consequence of robotisation could also be associated with the risk of a loss in consumption capacity.
Amendment 97 #
2015/2103(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 99 #
2015/2103(INL)
5 b. points to scientific studies which have identified four major problems that arise when trying to legislate for the use of robots: - discretion, with regard to the platforms and manufacturers involved in the development and research of artificial intelligence, which might not always be visible to regulators; - diffuseness which arises when artificial intelligence systems are developed using teams of researchers that are organisationally, geographically and jurisdictionally separate; - discretion refers to the fact that artificial intelligence systems could entail many separate, distinct pre-existing hardware and software components. The effects of bringing all those components together may not be fully appreciated until after the fact. - opacity means that the way in which artificial intelligence systems work may be more opaque than previous technologies. This might constitute a problem for regulators as there is a lack of clarity concerning the problems that may be posed by such systems and how those problems can be addressed.
Amendment 8 #
2015/2097(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Eurofound report 'Maternity leave provisions in the EU Member States: Duration and allowances' (July 2015);
Amendment 22 #
2015/2097(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the connection between reconciliation of professional and family life and the principle of gender equality in employment is now established in EU legislation;
Amendment 27 #
2015/2097(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Directive 92/85/EEC grants rights to women workers during pregnancy, immediately after giving birth and while breastfeeding, Directive 96/34/EC recognises the reconciliation between professional and family life as a separate topic while Directive 2010/18/EU stipulates that all employees have a right to four months unpaid parental leave while one of those months must be granted on a non-transferable basis thus ensuring that reconciliation of professional and family life involves both men and women;
Amendment 32 #
2015/2097(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas Eurofound studies have illustrated aspects that influence fathers' take-up rate of parental leave which include the level of compensation, the flexibility of the leave system, the availability of information, availability and flexibility of childcare facilities and the extent to which workers fear isolation from the labour market when taking leave. Therefore these issues need to be addressed;
Amendment 42 #
2015/2097(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Notes that where there are no provisions for leave, or where existing ones are considered insufficient, social partners, through collective agreements, may have an important role to play in establishing new provisions or updating current ones for maternity, paternity and parental leave;
Amendment 46 #
2015/2097(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas most EU Member States already comply with the minimum requirements of the Parental Leave Directive 2010/18/EU and in many Member States national provisions go beyond these requirements;
Amendment 49 #
2015/2097(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the provisions necessary for the transposition of Directive 2013/62/EU take different forms in the various Member States; believes that the transposition should therefore comply fully with legislation and usages in force in the area of collective bargaining between social partners;
Amendment 51 #
2015/2097(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes that since not all Member States have followed the EU separate or sequential approach to maternity and parental leaves classifying the different types of leave at an EU level is problematic;
Amendment 142 #
2015/2097(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to introduce financial compensation for parental leave with a view to reaching a level that would act as an incentive for income replacement, over the minimum time period guaranteed by the directive, based on the average EU maternity leave income replacement rate, in order to safeguard families’ social and economic wellbeingin order to facilitate reconciliation between work and family life;
Amendment 148 #
2015/2097(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Believes that the promotion of individualisation of the right to leave and of positive action aiming at the promotion of the role of fathers is essential in helping to achieve gender balanced reconciliation of work and family life;
Amendment 189 #
2015/2097(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Believes that an integrated approach to gender equality and the reconciliation of work and family life in future EU legislation would bring coherence and transparency to the process and would help ensure the promotion of gender- balanced reconciliation of work and family life;
Amendment 6 #
2015/2074(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises the importance of the mid-term review of the Europe 2020 by the Commission, in order to ensure that the Europe 2020 targets for employment, fight against poverty and social exclusion can be met; underlines that job creation is the best guarantee out of poverty;
Amendment 18 #
2015/2074(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that growth is the key to more jobs and increased prosperity and that it is necessary to direct the structural funds more effectively towards promoting sustainable growth;
Amendment 24 #
2015/2074(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the importance of sufficient funding and, good budgetary management and increased pre-financing where possible, of the programmes within the 2014-2020 multiannual financial framework that aim to address unemployment, poverty and social exclusion, such as the Youth Employment Initiative (YEI), the European Globalisation Adjustment Fund (EGF), the different axes of the Programme for Employment and Social Innovation (EaSI) and the Fund for European Aid to the Most Deprived (FEAD);
Amendment 38 #
2015/2074(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Proposes to launch a pilot project on reduction of youth unemployment and the setup of co-operatives as a measure to enhance working opportunities in the EU, with the aim to contribute to reducing youth unemployment by establishing best practices in the area for the whole EU;
Amendment 52 #
2015/2074(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that the EU budget should support efforts to promote the completion of the single market, competitiveness and social convergence, the development of a policy on socially responsible enterprises, and the monitoring of the application of statutory social standards by enterprises in order to ensure the creation of decentsustainable jobs;
Amendment 54 #
2015/2074(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls for a sustained effort to be made through the budget to provide for appropriate training and re-skilling in sectors with labour shortages and in key sectors with high job-creation potential, such as the green economy and, circular economy, the healthcare and ICT sectors;
Amendment 4 #
2015/2042(INI)
Motion for a resolution
Recital A
Recital A
A. whereas microfinance can contribute to meeting the objectives of the Europe 2020 Strategy; and whereas microfinance can lift people out of poverty andby creating jobs and providing access to employment; and can enhance cohesion in communities by improveing social inclusion and minimising social disproportions;
Amendment 8 #
2015/2042(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the objective of the Facility is to increase access to finance for unemployed and other, those at risk of losing their jobs, the socially excluded and other vulnerable and disadvantaged people and for microenterprises, including those employing the above mentioned, which in turn generates employment and, growth and social inclusiveness in local communities;
Amendment 34 #
2015/2042(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Capitalizing on the experience gathered so far, calls on the Commission and the Member States to raise awareness particularly in remote regions and within communities, especially in those with a minority background or within organizations for persons with disabilities about the existence of this facility, its benefits and the ways to access it.
Amendment 37 #
2015/2042(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to assess the suitability of the current definition of microcredit with a view to ensuring that future financial instruments meet the needs of the market; encourages the Member States and the Commission to gather data on the characteristics of micro- enterprises, their specific needs and their survival rates and then assess these data against the design and rules of the EaSi programme as to be able to address and correct it, if necessary, with the occasion of the mid-term evaluation; welcomes the fact that the balance and the reflows of the Facility will be injected into the budget of the MF/SE axis of EaSI, thus increasing the number of guarantees and funded instruments that will be offered to microborrowers;
Amendment 43 #
2015/2042(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Invites the Commission and the Member States to assess the potential connections and opportunities of combining the microcredit facility available under the new EaSI programme with different forms of Employees' Financial Participation (EFP), according to Member States' specificities.
Amendment 44 #
2015/2042(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls, as well, on the European Commission to investigate possible avenues of interconnecting the microcredit facility and the EFP in a future legislative proposal envisaging a European EFP mechanism or any other similar proposal on this matter.
Amendment 53 #
2015/2042(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the fact that among the general objectives of the Programme the Commissions specifically included the promotion of workers' geographical mobility and of gender mainstreaming and where appropriate gender budgeting.
Amendment 56 #
2015/2042(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the EIF to enforce provisions in agreements with MFIs requiring them to open themselves up to and cooperate more closely with vulnerable groups, including among others, organisations representing minority groups or for persons with disabilities in order to reach target groups more effectively;
Amendment 58 #
2015/2042(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to improve methods of evaluating the viability and the impact within their community of businesses after repayment of the microcredit;
Amendment 61 #
2015/2042(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and the EIF to improve reporting about beneficiaries and MFIs, while recognising that a balance needs to be struck so as to not overburden MFIs; stresses that most of the information that would be required for an appropriate report is provided by both the MFIs and the microborrowers in order to obtain a loan;
Amendment 73 #
2015/2042(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages the Commission to closely monitor this new feature and to encourage the Member States to exchange data, knowledge and best practices in this respect, ensuring appropriate reporting from MFIs;
Amendment 6 #
2015/2038(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the ILO’s eight core labour standards and the four ILO Priority Conventions for the industrialised countries to be systematically includrespected and implemented in all bilateral EU trade agreements;
Amendment 26 #
2015/2038(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for closer cooperation at multilateral level with a view to achieving genuine coordination betweenwith the international organisations WTO and ILO;
Amendment 28 #
2015/2038(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for a strengthening of the chapter on sustainable development in bilateral agreements through the provision of a complaints proceduremonitoring and reporting mechanism open to the social partners;
Amendment 43 #
2015/2038(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for sustainable impact assessments and human rights impact assessments to be carried out, at bilateral level, before, during and after the negotiations the negotiations, as well as for an ex-post systematic monitoring and evaluation to be applied; takes the view, also, that negotiators should take into account to a greater extent the priorities and concerns that emerge from these impact studies;
Amendment 53 #
2015/2038(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to include systematically in all free trade agreements negotiated with non-EU countries a series of social standards that include the full implementation ofare in keeping with the ILO’s Decent Work Agenda;
Amendment 43 #
2015/0051(NLE)
Recital 2
(2) The Union must combat social exclusion, poverty and discrimination, ensure equal access to fundamental rights, and promote social justice and protection. In defining and implementing its policies and activities, the Union should take into account requirements linked to the guarantee of adequate social protection and the, fight against social exclusion and poverty and ensure a high level of education and training.
Amendment 74 #
2015/0051(NLE)
Recital 6
(6) The financial and economic crisis revealed and emphasised important weaknesses in the economy of the Union and its Member States. It has also underscored the close interdependence of the Member States' economies and labour markets. Moving the Union to a state of strong, sustainable and inclusive growth and job creation is the key challenge faced today. This requires coordinated and ambitious policy action both on Union and national level, in line with the provisions of the Treaty and the Union economic governance. Combining supply and demand side measures, these actions should encompass a boost to investment, a renewed commitment to structural reforms and exercising fiscal responsibility. Substantial differences in unemployment rates between Member States generated an increase in the number of persons wanting to move. In this context, intra- Union as well as intra-Member States mobility should be supported further as to reach the equilibrating role against the huge imbalance across Union labour markets.
Amendment 97 #
2015/0051(NLE)
Recital 10
(10) The broad guidelines for economic policies give guidance to the Member States on implementing reforms, reflecting interdependence. They are in line with the Stability and Growth Pact. The guidelines should form the basis for country-specific recommendations that the Council may address to the Member States. Given the close interdependence of Member States' economies and labour markets, when issuing Country-Specific Recommendation the Council should take into consideration the state of affairs in the neighbouring countries as well as countries with which the respective Member State has clear connections following a trend in workers' migration or any other relevant indicator. In this respect, the Commission should have accurate and updated statistics and data available in case the Country- Specific Recommendations need to be adjusted.
Amendment 105 #
2015/0051(NLE)
Annex 1 – section 1 – paragraph 1
Member States should facilitate sustainable job creation, reduce barriers for business to hire people, including by cutting red tape, promote entrepreneurship and in particular support the creation and growth of small enterprise, due to its significant employment impact, support the creation and growth of business start-ups, small and medium sized enterprises and green jobs in order to increase the employment rate of women and men. Member States should also actively promote the social economy and foster social innovation.
Amendment 118 #
2015/0051(NLE)
Annex 1 – section 1 – paragraph 2
The tax burden should be shifted away from labour to other sources of taxation, including a shift from labour to environmental taxation and the phasing out of counterproductive subsidies by 2020, that are less detrimental to employment and growth while protecting revenue for adequate social protection and growth enhancing expenditures. Reductions in labour taxation should be aimed at the relevant components of the tax burden and at removing barriers and disincentives to labour market participation, in particular for those furthest away from the labour market.
Amendment 132 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 1
Member States should promote productivity and employability through an appropriate supply of relevant knowledge and skills. Special attention should be given to health care, social services and transport services which are facing or will face on the medium term shortages of staff. Member States should make the necessary investments in educationquality and inclusive education from an early age and vocational training systems while improving their effectiveness and efficiency to raise the skill level of the workforce and increase the diversity of skills, allowing it to better anticipate and meet the rapidly changing needs of dynamic labour markets in an increasingly digital economy and of society at large. To this end, it should be taken into account that ICT-related skills and "soft skills" such as communication skills are becoming more important for a large number of occupations. Member States should step up efforts to improve access to quality adult learning for all and implement active ageing strategies to enable longer working lives.
Amendment 141 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 1 – subparagraph 1 (new)
While ensuring the necessary skills level requested by a continuously changing labour market and supporting education and training alongside programmes for adult learning, Member States should not forget that low-skills jobs are also needed and that employment opportunities are better for the high-skilled than for the medium- and low-skilled.
Amendment 142 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 1 a (new)
Access to affordable, quality, early childhood education and care should be a priority for comprehensive policies and investment coupled with family and parenting support and reconciliation measures helping parents to balance work and family life, as a contribution to preventing early school-leaving and increasing young people's chances on the labour market.
Amendment 160 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 4
Barriers to labour market participation should be reduced, especially for women, older workers, young people, the disabled and legal migrants, migrants and other people that face discrimination or exclusion. Gender equality including equal pay must be ensured in the labour market as well as access to affordable quality early childhood education and care. In this sense, the Women on Board Directive and Maternity Leave Directive should be unblocked by the Member States.
Amendment 170 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 4 – subparagraph 1 (new)
In this respect it should be taken into account the fact that the NEET rates are higher for females than for males and that the NEET phenomenon is primarily due to an increase in youth unemployment but also to non-education linked inactivity.
Amendment 203 #
2015/0051(NLE)
Annex 1 – section 3 – paragraph 4
Mobility of workers should be ensured with an aim of exploiting the full potential of the European labour market, including by enhancing the portability of pensions and the recognition of qualifications. Member States should at the same time guard against abuses of the existing rules.
Amendment 227 #
2015/0051(NLE)
Annex 1 – section 4 – paragraph 2
For that purpose a variety of instruments should be used in a complementary manner, including labour activation enabling services and income support, targeted at individual needs. Social protection systems should be designed in a way that facilitate take up of all persons entitled, support investment in human capital, and help prevent, reduce and protect against poverty. Special attention should be paid to children at risk of poverty due to their parents' long term unemployment.
Amendment 239 #
2015/0051(NLE)
Annex 1 – section 4 – paragraph 3
The pension systems should be reformed in order to secure their sustainability, portability and adequacy for women and men in a context of increasing longevity and demographic change, including by linking statutory retirement ages to life expectancy, by increasing effective retirement ages, and by developing complementary retirement savings.
Amendment 6 #
2015/0026(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to address the budgetary constraints faced by Member States at the initial stage of the programming period and, taking into account the urgent need to address youth unemployment and the specific features of the YEI, it is appropriate to lay down provisions in order to complement Regulation (EU) No 1303/2013, with a view to increase the level of the initial pre-financing paid to operational programmes supported by the YEI in 2015. To ensure that Member States have sufficient means to provide payments to beneficiaries responsible for the implementation of operations that target youth unemployment, an additional initial pre-financing amount from the specific allocation for the YEI should be paid in 2015 for operational programmes supported by the YEI, in order to complement the pre-financing amounts paid in accordance with Regulation (EU) No 1303/2013. In order to enable a prompt implementation of the operational programmes supported by the YEI, the Commission should commit itself to pay the pre-financing amount to the Member States immediately after the entry into force of this Regulation.
Amendment 8 #
2015/0026(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To ensure that the additional initial pre- financing amount is used for the immediate implementation of the YEI, it should be foreseen that this amount is reimbursed to the Commission, if the Union contribution from the YEI does not amount to an adequate level in interim payment applications submitted to the Commission 12 months after the entry into force of this Regulation. This measure is a safeguard to ensure that eligible Member States set up the required structures to promptly implement the YEI. Member State action is urgently needed to deliver on the YEI and combat alarming levels of youth unemployment.
Amendment 27 #
2014/2817(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Warmly welcomes the signature of the Association Agreement, as constituting a significant step forward in EU-Moldova relations and embodying a commitment to the path of political association and economic integration; stresses that full implementation thereof is key; urges, in this context, the Member States to proceed as swiftly as possible to the ratification of the Association Agreement;
Amendment 44 #
2014/2817(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that both Moldova and the EU should be involved in the implementation of the Agenda, and that the priorities set out therein should receive appropriate technical and financial support; calls on the Commission to be guided by these priorities when programming financing for Moldova; emphasises the need to improve absorption capacity in Moldova in order to ensure the efficient implementation of projects and use of financing; outlines the importance of strengthening a management, transparency and accountability mechanism in order to monitor the absorption and use of EU funds; calls on the parties to identify the training needs required to ensure that Moldova is able to carry out its obligations under the Agreement and Agenda;
Amendment 13 #
2014/2247(INI)
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
1. Welcomes the fact that, with effect from 2014, Regulation 1303/2013/EU1 contains new elements intended to help the disadvantaged: it makes it compulsory to dismantle institutions with large staff complements, and, in promoting social inclusion and combating poverty and all forms of discrimination, to switch from institutional services to community-based services, and incorporated marginalised communities, which may face growing challenges and increasingly lag behind other groups in a knowledge-based society; urges the Member States to take action against hate crime directed at people from marginalised communities and to promote anti-discrimination policies, if necessary by, inter alia, appropriate legislation, strengthening their national anti- discrimination bodies and promoting specific training for civil servants. __________________ 1 Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006.
Amendment 15 #
2014/2247(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considering that the recent economic and financial crisis has hit in particular the marginalised groups, such as migrants and minorities, recalls that education and employment is the best way out of poverty and thereby integrating the marginalised communities into labour market should be a priority. Highlights the need for a dual approach when working towards helping and integrating the marginalised groups: directly with those affected by providing education, including education facilities, training, counselling and job opportunities; and with the local community and authorities in order to improve and / or change the public perception by raising awareness of the effects of prejudice, improving public services and adapt social systems.
Amendment 33 #
2014/2247(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Draws the attention of Member States and the Commission to the fact that after 2020, even though there will be fewer and fewer people of working age, there will be ever greater competition for jobs, while the private sector will provide fewer and fewer jobs for those who are currently relatively low-skilled, which will require a new approach and not only long-term strategies but also short-term measures, to prevent permanent unemployment and a lasting increase in it; In this context recalls the need for vocational training and basic skills developing for people with low skills or no qualifications based not on a "one-size- fits-all" policy solutions, but on tailored policy recommendations, contingent on the region's existing knowledge assets. Emphasizes the public–private policy- learning agenda as a consequence of partnerships between civil society organizations and local authorities, capitalizing on the results/outcome indicators, ongoing monitoring and evaluation, combined with pilots, policy experiments and test cases. Points to the necessity of a policy-design framework which considers the potential innovation and entrepreneurial opportunities associated with the region's existing characteristics, its realistic diversification potential so as to design appropriate strategy interventions on the basis of these features and intended outcomes; and thus prevent the risk of over qualification or skills training which in certain regions can induce a non- desired aspect of outflow of population towards more developed regions where these skills are required.
Amendment 7 #
2014/2235(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having in mind one of the priorities of the European Council conclusions of 26- 27 June 2014 to help develop skills, and unlock talent and life changes for all by promoting the right skills for the modern economy and lifelong learning;
Amendment 9 #
2014/2235(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
- having regard to the European Parliament legislative resolution of 29 April 2015 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1304/2013 of the European Parliament and the Council on the European Social Fund, as regards an increase of the initial pre-financing amount paid to operational programmes supported by the Youth Employment Initiative;
Amendment 69 #
2014/2235(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Emphasises that labour market shortages are to be considered as a sustained market disequilibrium between supply and demand in which the quantity of workers demanded exceeds the supply available and willing to work at a particular wage and working conditions at a particular place and point in time; (This should go before para 4, right after the subtitle)
Amendment 71 #
2014/2235(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes that even if the labour supply is sufficient to match the labour demand, there might still be qualitative shortages as those looking for work may not be suitable for the open position, as a result of a mismatch between sectors, occupations or skills´ requirements; (This should follow 4a)
Amendment 83 #
2014/2235(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Points that Europe has 24 million unemployed people, including 7,5 million NEETs, and on the other side 2 million vacancies and that the European companies are affected by a huge lack of the skilled people and labour force with transferable skills;
Amendment 120 #
2014/2235(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the importance of human development, career flexibility and self- responsibility; recalls in this respect that investment is needed to actively support employability and adaptability and prevent skills depletion among the unemployed; emphasises that such measures should be combined with reforms in pension and social welfare systems that encourage more people to work, so as to extend protection and provide comparable access to workers regardless of their type of contract, for example by increasing portability of rights from one contract to the next;
Amendment 140 #
2014/2235(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the importance of the mobility of workers, geographically and across sectors, for a competitive labour market, and stresses the need to reduce the administrative and linguistic barriers that are liable to restrain it; encourages raising of awareness of and further improvement of the EU-wide EURES job portal as well as the importance of enhanced cooperation among national PES and the future inclusion of private employment services to EURES network;
Amendment 141 #
2014/2235(INI)
Motion for a resolution
Paragraph 10 – subparagraph 1 (new)
Paragraph 10 – subparagraph 1 (new)
Reiterates that a big economic potential of women has to be unlocked in Europe and it is necessary to create appropriate conditions for women to progress in their career and pursue higher positions in companies or start their own businesses;
Amendment 152 #
2014/2235(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that, in order to anticipate future skills needs, labour market stakeholders, including employers' and employees' organisations , have to be strongly involved at all levels, in particular in designing and implementing vocational qualification programmes, which provide an effective transition from formal education to work-based learning;
Amendment 157 #
2014/2235(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the importance of partnerships and trust between universities, businesses and authorities with a view to estimating labour needs for the future, as well as fostering cooperation between Member States in this regard; reminds that at the same time social responsibility of all stakeholders is needed;
Amendment 170 #
2014/2235(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls the need to strive for a more flexible approach to individual career development and lifelong education and training across one's personal career path, and recognizes the role that both public and private parties can play in providing this;
Amendment 172 #
2014/2235(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Notes that the European policies for Lifelong Guidance have shown considerable impact on national guidance policies and that effective lifelong guidance requires programmes in a cross- cutting perspective at all levels;
Amendment 179 #
2014/2235(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that training and re- qualification programs for the unemployed should be designed and implemented in close cooperation with employers' associations as well private and public employment services, with a view to better aligning workers' new skills with the future needs of employers;
Amendment 188 #
2014/2235(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that it is of utmost importance to give guidance and counselling to jobseekers in how to look for a job and recognises the role that businesses and private employment services can play to provide this, and to ensure that their skills aretransferable and recognised through ‘'competences passports' reflecting the skills acquired through both formal and informal learning;
Amendment 197 #
2014/2235(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that dual vocational training and dualsimilar work-based learning systems should be given more consideration, as they tend to favour integration into the labour market and smoother transition from education to work and they have proved to be effective in fostering youth employment;
Amendment 210 #
2014/2235(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Welcomes the EC initiative of the European Alliance for Apprenticeships (EAfA) which aims to bring together public authorities, businesses, social partners, VET providers, youth representatives, and other key actors in order to promote apprenticeship schemes and initiatives across Europe;
Amendment 213 #
2014/2235(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the importance of career orientation and work experience through individual assessment and career advice provided by highly qualified employment counsellors with experience of their local and national and EU labour market;
Amendment 223 #
2014/2235(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that close and systematic partnerships are needed at local, regional, national level between governments and employers' and employees' representatives, including public and private employment services, in order to find the best ways of tackling the problem of skill mismatches in all its dimensions, and calls on Member States to promote such cooperation;
Amendment 242 #
2014/2235(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. RecCalls the impfort ance of the mobility of effective economic migration of the highly skilled workers from third countries in the light of the demographic challenges and labour market shortages;
Amendment 2 #
2014/2232(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the report of the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism of 23 September 2014 (A/69/375)1a, __________________ 1ahttp://daccess-dds- ny.un.org/doc/UNDOC/GEN/N14/545/19/ PDF/N1454519.pdf?OpenElement
Amendment 3 #
2014/2232(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
- having regard to the report of the UN Special Rapporteur on the right to freedom of expression and opinion of 17 April 2013 (A/HRC/23/40) on the implications of states' surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression,
Amendment 18 #
2014/2232(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the context in which ICTs are designed and used determines, to a great extent, the impact they can have as a force to advance or to violate human rights, information technology, especially software is rarely single-use and usually dual-use as far as their potential to violate human rights is concerned, while software also is a form of speech;
Amendment 20 #
2014/2232(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the assessment of the context is determined by the strength of national and regional legal frameworks to regulate the use of technologies and the ability of political and judicial institutions to oversee such use;
Amendment 21 #
2014/2232(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in the digital domain, private actors play an increasingly significant role in all spheres of social activities, but safeguards are still not in place to prevent them from imposing excessive restrictions on fundamental rights and freedoms; as a result, private actors play a more active role in assessing the legality of content and in developing cyber security systems and surveillance systems, which can have a detrimental impact on human rights all over the world;
Amendment 23 #
2014/2232(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas encryption is an important method that helps to secure communications and the people using them;
Amendment 24 #
2014/2232(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas internet governance has benefitted from a multistakeholder decision making model; a process ensuring meaningful, inclusive and accountable participation of all stakeholders, governments, civil society, technical and academic communities, private sector, and users;
Amendment 25 #
2014/2232(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas intelligence agencies have systematically undermined cryptographic protocols and products in order to be able to intercept; whereas the US National Security Agency has collected vast numbers of so called 'zero-day exploits' – IT security vulnerabilities that are not yet known to the public or the product vendor; whereas such activities undermine global efforts to improve IT security;
Amendment 26 #
2014/2232(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas EU-based intelligence services have engaged in activities that harm human rights;
Amendment 47 #
2014/2232(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the role of ICTimpact of technologies on the improvement of human rights should be mainstreamed in all EU policies and programmes to advance human rights protection;
Amendment 50 #
2014/2232(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the active development and dissemination of technologies that help protect human rights and facilitate people´s digital freedoms and securityrights and freedoms as well as their security, along with promoting best practices and appropriate legislative frameworks;
Amendment 53 #
2014/2232(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the EU to increase its support for actors, those who work on strengthening security and privacy protection standards in ICTs on all levels, including hardware, software and communication standards as well as the development of the hardware and software in privacy-by-design frameworks;
Amendment 54 #
2014/2232(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls for a human rights and technology fund to be established under the European Instrument for Democracy and Human Rights;
Amendment 55 #
2014/2232(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Urges the EU itself, and in particular the EEAS, to use encryption in its communications with human rights defenders, to avoid putting defenders at risk and to protect its own communications with outsiders from surveillance;
Amendment 56 #
2014/2232(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on the EU to adopt free and open source software as well as to encourage other actors to do so, as such software provides for better security and for greater respect for human rights;
Amendment 75 #
2014/2232(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the inclusion of conditionality clauses in all agreements with third countries which explicitly refer to the need to guarantee and respect digital freedoms, net neutrality and unrestricted access to the internet;
Amendment 78 #
2014/2232(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the EU to counter the criminalisation of human rights defenders' use of encryption, censorship- bypassing and privacy tools, by refusing to limit the use of encryption within the EU and challenge third country governments which use such charges against defenders;
Amendment 82 #
2014/2232(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that an effective EU development and human rights policy will require the mainstreaming of ICTs and the bridging of the digital divide, by providing basic technological infrastructure and by facilitating access to knowledge and information to promote digital literacy and the use of open standards in documents as well as the use of free and open source software (especially by public institutions) all over the world;
Amendment 106 #
2014/2232(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges Member States to promote full democratic scrutiny over the operations of intelligence services in third countries, and that these services operate in full respect of the rule of law, and to hold to account those who are responsible for operating in unlawful ways;
Amendment 110 #
2014/2232(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that corporate social responsibility principles and human rights by design criteria, which are technological solutions and innovations protecting human rights, should be adopted in EU law to ensure that internet service providers, software developers, hardware producers, social networking services/media, mobile phone carriers and others consider the human rights of end- users globally;
Amendment 112 #
2014/2232(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges the EU to ensure greater transparency in the relationship between mobile phone carriers or ISPs and governments, and to call for it in its relations with third countries, by demanding that carriers and ISPs publish yearly detailed transparency reports, including reports on requested actions by authorities, as well as financial ties between public authorities and carriers/ISPs;
Amendment 118 #
2014/2232(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Commission, in this respect, to swiftly to put forward a proposal for smart and effective policies to regulate the export of services regarding the implementation and use of so-called dual- use technologies, addressing potentially harmful exports of ICT products and services to third countries, as agreed in the Joint Statement of the European Parliament, Council and Commission of April 2014;
Amendment 121 #
2014/2232(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that the Commission should swiftly be able to swiftly and accurately provide companies that are in doubt as to whether to apply for an export licence with up-to- date information on the legality or potentially harmful effects of potential transactions;
Amendment 123 #
2014/2232(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to submit proposals to review how EU standards on ICTs could be used to prevent the potentially harmful impacts of the export of such technologies or other services to third countries where concepts such as ‘lawful interception’ have different implicatcannot be considered equivalent to those of the European Unions, or for example where the rule of law does not exist;
Amendment 126 #
2014/2232(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Reaffirms that EU standards, particularly the EU Charter of Fundamental Rights, should prevail when assessing incidents when dual-use technologies are used in a way that may restrict human rights;
Amendment 127 #
2014/2232(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the development of policies to regulate the sales of zero-day exploits to avoid their being used for cyber-attacks or for unauthorised access to devices leading to human rights violations without such regulations having a meaningful impact on academic and otherwise bona fide security research;
Amendment 133 #
2014/2232(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Deplores the active involvement of certain European companies, and of international companies which trade dual- use technologies with potential detrimental effects on human rights while operating in the EU, in countries violating human rights;
Amendment 142 #
2014/2232(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and Council to actively to defend the open internet, multi- stakeholder decision-making procedures, net neutrality and digital freedoms in internet governance fora;
Amendment 146 #
2014/2232(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Condemns the weakening and undermining of encryption protocols and products, particularly by intelligence services who wish to intercept communications that are encrypted;
Amendment 147 #
2014/2232(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Warns against the privatization of law enforcement through internet companies and internet service providers;
Amendment 148 #
2014/2232(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Calls for a clarification of norms and standards that private actors use to develop their systems;
Amendment 149 #
2014/2232(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20d. Recalls the importance of assessing the context within which technologies are used, in order to fully appreciate their human rights impact;
Amendment 150 #
2014/2232(INI)
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20e. Explicitly calls for promoting tools enabling the anonymous and/or pseudonymous use of the internet and to challenge the one-sided view that such tools are allowing criminal activities, rather than empowering human rights activists beyond and within the EU;
Amendment 151 #
2014/2232(INI)
Motion for a resolution
Paragraph 20 f (new)
Paragraph 20 f (new)
20f. Urges the Council, the Commission and the External Action Service to develop smart and effective policies to regulate the export of dual-use technologies, addressing potentially harmful exports of ICT products and services, at international level within multilateral export control regimes and other international bodies;
Amendment 152 #
2014/2232(INI)
Motion for a resolution
Paragraph 20 g (new)
Paragraph 20 g (new)
20g. Stresses that any regulatory changes aimed at increasing the effectiveness of export controls vis-à-vis Intangible Technology Transfers must not inhibit legitimate research and access to and exchange of information, and that any potential measures such as the use of EU General Export Authorisations for dual- use research should not have a 'chilling effect' upon individuals and SMEs;
Amendment 153 #
2014/2232(INI)
Motion for a resolution
Paragraph 20 h (new)
Paragraph 20 h (new)
20h. Calls on Member States to ensure that existing and future export control policies do not restrict the activities of legitimate security researchers, and that export controls are applied in good faith to only clearly defined technologies intended to be used for mass surveillance, censorship, jamming, interception, monitoring, and the tracing and tracking of citizens and their activities on (mobile) telephone networks;
Amendment 154 #
2014/2232(INI)
Motion for a resolution
Paragraph 20 i (new)
Paragraph 20 i (new)
20i. Recalls that mesh-based ad hoc wireless technologies offer a high potential to provide for backup networks in areas where the internet is unavailable or blocked, and can help the advancement of human rights;
Amendment 155 #
2014/2232(INI)
Motion for a resolution
Paragraph 20 j (new)
Paragraph 20 j (new)
20j. Calls on the Commission to appoint an independent group of experts who can perform a human rights impact assessment on existing EU standards for ICTs, with the goal of making recommendations for adjustments that will increase the protection of human rights, particularly when systems are exported;
Amendment 159 #
2014/2232(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines the need to avoid unintended consequences such as restrictions or chilling effects on research, on the exchange of and access to information or on the export of technologies that are in the interest of advancing human rights;
Amendment 9 #
2014/2210(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas new enterprises create on average two new jobs and expansion of existing businesses creates on average five new jobs;
Amendment 11 #
2014/2210(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas due to the failure to provide a legally binding EU-wide definition of 'family business', many of these businesses will avoid to attain the SME threshold criteria as set by the European Commission, leading to a recruitment stop and loss of employment;
Amendment 24 #
2014/2210(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas it is crucial to improve the legal climate for succession (transfer of the company within the family), notably the scope and scale of diverse approaches to inheritance and estate taxes across the EU, knowing that 480.000 companies are being transferred in the EU every year, with over 2 million jobs affected; Due to the many difficulties associated with such transfers, an estimated 150.000 businesses are forced to close each year resulting in the loss of 600.000 jobs 1 a; __________________ 1aEntrepreneurship 2020 Action Plan, COM(2012)0795
Amendment 29 #
2014/2210(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas entrepreneurship education can make a significant contribution to improving employment perspectives for young people since they are more likely to start their own business and their companies tend to be more innovative and successful than those led by persons without entrepreneurship education background, they are also at a lower risk of being unemployed and are more often in steady employment with better and better paid jobs 3 a; __________________ 3a http://ec.europa.eu/enterprise/newsroom/c
Amendment 46 #
2014/2210(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to continue work on establishing a common EU definition of 'family business' by conducting an impact assessment of a possible revision of the European SME definition from 2003, with the specificities within Member States' definitions to be taken into account, in particular with regard to guaranteeing social rights, social security, pension, entitlements and health and safety at work;
Amendment 53 #
2014/2210(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the European Commission to draw up a list of common indicators based on which a family business could be described and which should enable statistics to be produced with respect to the contribution of family businesses to employment, total turnover of family businesses etc.;
Amendment 56 #
2014/2210(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on Member States to join the European Commission's efforts in drawing up a list of common indicators and eventually a EU-wide definition thus enabling statistics on family businesses to better understand ownership and help design better policies facilitating access to market and financing for family businesses.
Amendment 58 #
2014/2210(INI)
Draft opinion
Paragraph 2 Subparagraph 1 (new)
Paragraph 2 Subparagraph 1 (new)
Calls on the competent authorities at the level of Member States to foster entrepreneurship and promote "mini- enterprise" projects in schools, considering the high potential of job creation of family businesses
Amendment 73 #
2014/2210(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Urges the European Commission to facilitate and stimulate the long-term survival of family businesses and put more emphasis on developing support and guidance to facilitate transmission and succession of family businesses;
Amendment 79 #
2014/2210(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to continue to pursue a better implementation of already existing EU recommendations 1 a with regards to the simplification of the tax and regulatory framework (reduced inheritance and gift taxes) to improve the legal climate for succession; __________________ 1a The Recommendation of 1994, the Communication of 1998 and the Lille Forum, the Good Practice Guide 2003, the 2006 Communication from the Commission: Continuity through a new beginning
Amendment 81 #
2014/2210(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission and the Member States to further promote the exchange of best practices to aid family business transfers, notably in the regulatory environment;
Amendment 83 #
2014/2210(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on the Commission and the Member States to encourage employee financial participation in line with the growing public recognition of its merits due to the financial and economic crisis;
Amendment 84 #
2014/2210(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Calls on the European Commission to actively promote gender equality in the framework of family businesses relating to entrepreneurship, skills, leadership, transmission and succession. To this end, using the existing administrative structures at the level of Member States to promote the setting up of one stop shop for female entrepreneurs. Calls also for the facilitation of child care support for "mother entrepreneurs".
Amendment 98 #
2014/2210(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to establish within DG Enterprise a dedicated unit to support and inform family businesses, including a one-stop point of contact in each Member State to assist with access in EU funding and EU finance, and provide business assistance.
Amendment 3 #
2014/2208(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Strongly condemns the withdrawal of the circular economy legislative package, the provisions of which would have contributed to creating up to 180 000 jobs in the EU waste management sector alone; notes with concern that this withdrawal will delay the reconciliation between growth and sustainability with at least two years;
Amendment 8 #
2014/2208(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to present its new proposal as soon as possible, but latest by the end of 2015, which should be at least as ambitious as the initial proposal with regards to creating jobs;
Amendment 35 #
2014/2208(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that a circular economy willis one of the main elements to offset the decline in skilled jobs and mid- level occupations;
Amendment 47 #
2014/2208(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that, in a transition towards a circular economy, internal transformation and redefinition of jobs may affect sectors with a high share of emissions; calls, in consequence, on the Member States and the EU to put in place all the necessary measures to support affected workersensure a swift transition for all the parties involved;
Amendment 51 #
2014/2208(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States to put in place a regulatory environment and fiscal incentives that encourage the development of a circular economy, such as shifting the tax burden from labour to resource use, reducing or lifting taxation on renewable resources, including labour, and differentiating VAT rates in accordance with the waste hierarchy, thus making resource efficiency, recycling, renovating and re- use more attractive, which will contribute to generating job-rich growth.
Amendment 20 #
2014/2160(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to actively implement the Commission Recommendation on strengthening the principle of equal pay between men and women through transparency1 , by introducing recommended and tailor-made wage transparency measures andlike transparency policies on wage composition and structures; Calls on all Member States to find the most appropriate ways in order to secure gender- neutral job evaluation and classification systems; by means of, among others: collective labour agreements or practical instruments such as: guides and checklists or training programmes to assist employers in implementing gender- neutral job classification systems. __________________ 1 C(2014)1405.
Amendment 31 #
2014/2160(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Member States to find a way to provide a definition in national laws of what is to be considered as work of equal value or a set of clear criteria on the basis of which it would be possible to determine what should be regarded as work of equal value; In line with the case-law of the Court of Justice of the European Union, the value of work should be assessed and compared based on objective criteria, such as educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of tasks involved. Other factors can also be taken into account, such as working conditions, physical and mental stress, competence and degree of independence, planning and decision making.
Amendment 39 #
2014/2160(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that women are still heavily under-represented in senior and leadership positions at all levels of political and economic decision-making; calls, therefore, for swift adoption of the Women on Boards Directive as an important first step in the right direction; Furthermore considers necessary the introduction of mandatory quotas with sanctions in all EU Member States and deplores the fact that there is no such compulsory duty in the above- mentioned proposal.
Amendment 41 #
2014/2160(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States to ensure that companies select the most qualified candidates for a board position from a gender-balanced selection pool and on the basis of a comparative analysis of the qualifications by applying pre-established, clear, neutrally formulated, non- discriminatory and unambiguous criteria. In the case of an election procedure, Members States shall ensure that companies guarantee gender diversity in the composition of the shortlist of candidates while ensuring that the sex of the non-executive director elected in this procedure is not in any way predetermined.
Amendment 15 #
2014/2145(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is pleased with the European economic governance framework, which, by coordinating policies more closely in order to prevent major imbalances, fosters smart, sustainable and inclusive growth in line with the targets set by the Europe 2020 strategy; Is pleased that the European economic governance framework has shown progress in addressing fiscal consolidation with EU28 overall debt falling from 4.5 % of GDP in 2011 to a forecast of 3 % of GDP in 2014;
Amendment 37 #
2014/2145(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the Commission’s initiative to conduct an initial review of the framework’s effectiveness with a view to assessing the effective and uniform application of governance rules by the Member States and by the Commission; also suggests that the review presents an opportunity for an exchange of views on the ways in which the framework could be deepened; Suggests that the review in addition focuses on measures that will enhance private trust in the economy as trust is a precondition for private investments which is a precondition for job-creation;
Amendment 55 #
2014/2145(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for the European Semester to be strengthened and deepened as an effective way of preventing a crisis, for post-crisis job-creation and for growth convergence within the EU; with this in mind, welcomes the Commission’s proposal to focus its action not only on budget responsibility but also on investment and structural reform in order to link the market economy and job-creation with social progress;
Amendment 91 #
2014/2145(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission, in tandem with the EIB, to make it easier for SMEs – the main sources of jobs and job-creation in Europe – to access financing from the European Fund for Strategic Investments, in connection with the European Investment Fund; Underlines the importance of new growth and job- creation for public acceptance of the European economic governance framework, calls therefore for the Commission to take measures to increase trust in the economy and to improve the business environment with particular attention to SMEs, removal of red tape and access to finance;
Amendment 104 #
2014/2145(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. With a view to improving the effectiveness and focus of budget policies, calls on the Member States to press ahead with their efforts to modernise their labour markets, educational systems and social security systems through structural reforms which ensure a better match between skills and jobs; with this in mind, encourages them to share best practices;
Amendment 117 #
2014/2145(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. So as to address the urgent situation with regard to youth unemployment, encourages Member States to use the available resources in an effective and focused way via the introduction of the youth employment initiative, enhanced use of vocational training as a tool for enhanced employability and a better match between skills and jobs and recommends that cross-border mobility be supported via the development of the EURES portal as a vector for youth employment;
Amendment 131 #
2014/2145(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. With a view to stepping up democratic scrutiny, recommends that the European Parliament, national parliaments and management and labourthe social partners be more closely involved in economic dialogue between the Member States and the Commission.
Amendment 105 #
2014/0124(COD)
Proposal for a decision
Recital 6
Recital 6
(6) The abuse of the status of self- employed, either at national level or in cross-border situations, is frequently associated with undeclared work. Bogus self-employment occurs when a person is declared as self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Bogus self-employment is, therefore, falsely declared work and should come under the scope of the Platform.
Amendment 152 #
2014/0124(COD)
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
(8a) As well as measures to deter undeclared work Member States should examine incentives to support compliance with declared work and such incentives could include a phased reduction in unemployment payments, a retention of a reducing proportion of their welfare payments and/or secondary benefits.
Amendment 170 #
2014/0124(COD)
Proposal for a decision
Recital 10
Recital 10
(10) The strengthening of cooperation among Member States at EU level is necessary to help Member States to prevent and deter undeclared work more efficiently and effectively. The goal of the strengthened cooperation must be to encourage declared work by making declared work associated with less bureaucracy and administration thereby making sure that undeclared work is the less attractive option.
Amendment 186 #
2014/0124(COD)
Proposal for a decision
Recital 11
Recital 11
(11) The Platform will aim to facilitate the exchange of best practices and information, provide a framework at EU level to develop expertise and analysis, and improve operational coordination of actions between the different national enforcement authorities of the Member States. Additionally, the Platform will aim at sharing best practices of clear and simple regulation between Member States which will reduce the risks of unintended errors especially among self-employed persons and SMEs.
Amendment 187 #
2014/0124(COD)
Proposal for a decision
Recital 11
Recital 11
(11) The Platform will aim to facilitate the exchange of best practices and information, provide a framework at EU level to develop expertise and analysis, enhance knowledge, thus creating a knowledge bank available to all member States and improve operational coordination of actions between the different national enforcement authorities of the Member States.
Amendment 188 #
2014/0124(COD)
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11a) Taking into consideration that the main responsibility to tackle undeclared work lies with the Member States and that according to Member States’ legislation there are several enforcement bodies which fight against it, each Member State should be given the possibility to decide at which level they will engage in each action taken by the Platform.
Amendment 194 #
2014/0124(COD)
Proposal for a decision
Recital 12
Recital 12
(12) The Platform should make use of all relevant sources of information, in particular studies, bilateral agreements concluded between Member States and multilateral cooperation projects and create synergies between existing EU level instruments and structures to maximise the deterrent or preventive effect of these measures. The operational coordination of actions of the Member States could take the form of joint trainings, peer reviews and solutions for data sharing. European campaigns or common strategies could increase the awareness of undeclared work. Any recommendations from the Platform must be voluntary for Member States to implement.
Amendment 274 #
2014/0124(COD)
Proposal for a decision
Article 1 – paragraph 3 – point d
Article 1 – paragraph 3 – point d
(d) with respect to the representatives of EEA EFTA states., arrangements shall be made under the relevant provisions of the EEA Agreement, specifying in particular the nature, extent and manner in which these countries will participate in the Platform’s work, including provisions relating to participation in the initiatives undertaken by the Platform, financial contributions and staff;
Amendment 301 #
2014/0124(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) improving cooperation between Member States’ different enforcement authorities at EU level to prevent and deter undeclared work, including bogus self- employment, more efficiently and effectively,
Amendment 323 #
2014/0124(COD)
Proposal for a decision
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) CoordinatEncourage cross-border operational actions and communication between local and regional officials of border regions about such actions.
Amendment 362 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) AdDevelopt non-binding guidelines for inspectors, handbooks of good practice and common principles of inspections to tackle undeclared work,. As there is a cross- border and European dimension to this issue, Member States shall notify the Platform of the extent to which these guidelines are being implemented and progress made in combating undeclared work.
Amendment 407 #
2014/0124(COD)
Proposal for a decision
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
In accordance with national legislation, regional authorities shall be involved in appointing representatives as members of the Platform.
Amendment 453 #
2014/0124(COD)
Proposal for a decision
Article 7 – paragraph 5
Article 7 – paragraph 5
(5) The Commission shall inform regularly the European Parliament and the Council about the activities of the Platform annually and whenever needed as well, upon request.
Amendment 460 #
2014/0124(COD)
Proposal for a decision
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
The Platform shall, where possible, refrain from the duplication by works already undertaken be these other bodies and it shall instead coordinate with them towards the sharing of information.
Amendment 48 #
2014/0002(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The free movement of workers is a key element to the development of a more integrated Union labour market which allows worker mobility from high unemployment areas to areas characterised by labour shortages. It alsoand contributes to finding the right skills for vacant positions and overcoming bottlenecks in the labour market.
Amendment 58 #
2014/0002(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Growing interdependency between labour markets calls for reinforced cooperation between employment services to bring about freedom of movement for all workers through voluntary and fair labour mobility within the Union in accordance with Article 46 (a) of the Treaty, and therefore a common framework for cooperation should be established between Member States and the Commission on labour mobility within the Union. This framework should bring together job, traineeship and apprenticeship vacancies from across the Union and the possibility of applying for those job vacancies ('clearance'), define the provision of related support services to workers and employers and provide for a common approach to share information necessary to facilitate said co-operation.
Amendment 60 #
2014/0002(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Considering the critical importance of the EURES network for boosting employment in the Union, the Commission should ensure direct and adequate finance for the proper functioning of the platform and for Member States' cooperation.
Amendment 63 #
2014/0002(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In the ‘Compact for Growth and Jobs’, the European Council requested to explore the possibility of extending to apprenticeships and traineeships the EURES network, apprenticeships and traineeships can be covered under the present Regulation, provided that the persons concerned are considered workers with reference to the rights conferred on citizens under Articles 45 and 47 of the Treaty. An appropriate exchange of general information on mobility for apprenticeships and traineeships within the Union needs to be introduced and adequate assistance to the candidates for those positions should be developed, based on a mechanism for clearance of offers, once such a clearance is deemed feasible in accordance with the appropriate standards and with due respect to the competences of the Member States.
Amendment 64 #
2014/0002(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The extension of the EURES network to apprenticeships and traineeships should observe the Council recommendation on a Quality Framework for Traineeships, as to improve the quality of traineeships, in particular as regards learning and training content and working conditions, with the aim of easing the transition from education, unemployment or inactivity to work. Inter alia, the traineeship should respect the working conditions applicable to trainees, under the applicable Union and Member State law, the rights and obligations, transparency of its terms and conditions etc.
Amendment 77 #
2014/0002(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The social partners' participation in the EURES network contributes in particular to the analysis of obstacles to mobility as well as the promotion of fair and voluntary labour mobility within the Union, including in the cross-border regions. Social partners representatives at Union level should therefore be involved in the overall governance structure of the EURES network, while national employers' organisations and trade unions may apply to become a EURES Partner.
Amendment 85 #
2014/0002(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The composition of the EURES network as regards other organisations than the ones above should be flexible to adjust to changing developments on the labour market for recruitment services. The emergence of a variety of employment services coupled with the reshaped role of the PES relating to national recruitment services points towards the need for a concerted effort by Member States and the European Commission to open up the EURES network, as the main Union tool delivering intra-Union recruitment services.
Amendment 88 #
2014/0002(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) A broader membership of the EURES network has socpotential, economic and, financial and social benefits. It improves efficiency in service delivery by facilitating partnerships, enhancing complementarity and quality improvements. It increases the market share of the EURES network insofar as new members make available job, traineeship and apprenticeship vacancies, job applications and curriculum vitae ('CV’s'). Transnational and cross- border co-operation, which is a key feature of the operation of the EURES network, could generate innovative forms of learning and co-operation between employment services, including on quality standards for job, traineeship and apprenticeship vacancies and support services. The EURES network would therefore enhance its relevance as one of the key Union tools available to Member States and the European Commission for supporting concrete measures towards a high level of employment within the Union.
Amendment 95 #
2014/0002(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Member States should be able to refuse or to revoke the admission of organisations that are in breach of the labour standards or legal requirements. In the case of a refusal of admission based on non-compliance with such standards or requirements, it is appropriate that, after transmission by the National Coordination Office to the European Coordination Office, the information relating to such a refusal or revocation be distributed via the European Coordination Office to the other National Coordination Offices which can take appropriate action on their own territory in accordance with their national laws and practices, should the organisation operate there.
Amendment 98 #
2014/0002(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To communicate reliable and up to date information to jobseekers, trainees, apprentices, workers and employers on the different aspects of labour mobility within the Union, the EURES network should cooperate with other bodies, services and Union networks facilitating mobility and informing citizens about their rights under Union law, such as Your Europe portal, the European Youth portal and SOLVIT, the organisations responsible for the recognition of professional qualifications and the bodies for the promotion, analysis, monitoring and support of equal treatment of workers, designated in accordance with Directive ../2013 (EU) of [the European Parliament and of the Council on measures facilitating the exercise of rights conferred on workers in the context of the freedom of movement for workers].
Amendment 101 #
2014/0002(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The right of freedom of movement entails the necessity to set up the means to support clearance, that is to say, the exchange of job vacancies, job and applications and CV's, in order to make the labour market fully accessible to bothtrainees, apprentices, workers and employers in accordance with Article 46(d) and Article 47 of the Treaty, and therefore a common IT platform should be established at Union level and run by the Commission. Securing this right means empowering worjobseekers to actually gain access to all employment opportunities throughout the Union.
Amendment 102 #
2014/0002(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The right of freedom of movement entails the necessity to set up the means to support clearance, that is to say, the exchange of job vacancies, job applications and CV's, in order to make the labour market fully accessible to both worjobseekers and employers in accordance with Article 46(d) of the Treaty, and therefore a common IT platform should be established at Union level and run by the Commission. Securing this right means empowering workers to actually gain access to all employment opportunities throughout the Union.
Amendment 104 #
2014/0002(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The common IT platform which brings together job vacancies and the possibility of applying for those vacancies, while enabling job seekers and employers to automatically match data according to various criteria and levels, should facilitate the achievement of equilibrium on the Union labour markets which would bring a high level of employment and help avoid serious threats to the standard of living and levels of employment in the various regions and industries.
Amendment 107 #
2014/0002(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The legal responsibility for ensuring the intrinsic and technical quality of the information made available to the common IT platform, in particular as regards job vacancyies' data, is with the organisations that make the information available in accordance with the law of and/or within the standards set by the Member States. The Commissose organisations should facilitate cooperation, to render possible an earlygether with the Commission, to detection of any fraud or abuse related to the exchange of information at European levelUnion level. All parties involved should ensure the provision of high-quality data.
Amendment 109 #
2014/0002(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) A common classification system of skills, competences, qualifications and occupations constitutes one of the most important tools for enabling online job application in the Union, it is therefore necessary to develop the cooperation between Member States and the European Commission in order to achieve interoperability and meaningful automated matching across borders, including by mapping to and from the common to national classification systems. Other established European formats and tools for comparability of and transparency on skills and qualifications, such as the European Qualifications Framework and the single framework for the transparency of qualifications and competences (Europass) shcould also be used in this context.
Amendment 110 #
2014/0002(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) The common classification system of skills, competences, qualifications and occupations should capitalise on the experiences and best practices already acquired following the implementation of the European Qualifications Framework and Directive 2005/36/EC of the European Parliament and of the Council.
Amendment 114 #
2014/0002(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) A common approach to the services delivered by the organisations ('support services') participating in the EURES network should be established and the principle of equal treatment of trainees, apprentices and workers, ands well as employers seeking assistance on intra- Union labour mobility, regardless of their location in the Union, should be secured as much as possible, and therefore principles and rules should be established regarding the availability of support services in the territory of the individual Member States. This common approach also covers apprenticeships and traineeships considered as work.
Amendment 118 #
2014/0002(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) A wider and more comprehensive choice of assistance on intra-Union labour mobility opportunities benefits trainees, apprentices and workers, and it is needed to improve the EURES network's potential to provide support to worjobseekers throughout their entire working life, securing their transitions and careers.
Amendment 120 #
2014/0002(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Support services will help to decrease the obstacles faced by job seekers when exercising their workers' rights under Union law as well as to exploit more efficiently all traineeship, apprenticeship and job opportunities, thus securing better individual employment prospects.
Amendment 123 #
2014/0002(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) A profound understanding of labour demand in terms of matching skills, qualifications, occupations, sectors and needs of employers would benefit the right of free movement of workers within the Union and therefore support services should include good quality assistance to employers, small and medium sized enterprises in particular. Close working relationships between employment services and employers will increase the pool of job vacancies and job matching of suitable candidates, secure pathways for job seekers in particular youth and those in vulnerable groups and improve labour market intelligence.
Amendment 127 #
2014/0002(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Support services for worjobseekers are connected to the exercise of their fundamental freedom of movement as workers under Union law, they and should be free of charge. However, the support services for employers may be subject to a fee, in accordance with national practices.
Amendment 135 #
2014/0002(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Transparency of labour markets and adequate matching capabilities, including matching of skills and qualifications with labour market needs, are pre- conditions for labour mobility within the Union. A better balance between labour supply and demand by better matching skills and jobs can be achieved through an efficient system at Union level for exchanging of information on national, regional and sectoral labour surpplusesy and shortages thatdemand. Such a system should be set up between Member States, andssisted by the European Commission and used as a basis for Member States to develop their mobility policies and underpin the practical cooperation within the EURES network.
Amendment 140 #
2014/0002(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a)Those policies should also consider the hostile working environment, the high risks of exploitation and the poor working conditions which the mobile workers might experience when they arrive in a new labour market. The same considerations should be given to those workers' families and the opportunities available for them to be integrated in the new labour market.
Amendment 143 #
2014/0002(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) A programming cycle should be established to support the coordination of action on mobility within the Union. To be effective, the programming of Member States' activity plans should take into account data on mobility flows and patterns, the data analysis of existing and forecast labour shortages and surplusesupply and demand, and recruitment experiences and practices under the EURES network and it should consist of a review of the existing resources and tools at the disposal of the organisations in the Member State to facilitate intra-EU labour mobility.
Amendment 149 #
2014/0002(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The sharing of draft activity plans under the programming cycle among Member States should enable the National Coordination Offices, acting on behalf of the Member States, together with the European Coordination Office, to direct the resources of the EURES network toward appropriate actions and projects, and thereby steer the development of the EURES network as a more result-oriented tool responsive to the needs of jobseekers, trainees, apprentices and workers according to the dynamics of the Union labour markets.
Amendment 155 #
2014/0002(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Since tThe objective of this Regulation - namely to establish a common framework for cooperation between Member States to bring together job vacancies and the possibility of applying for those job vacancies and to facilitate the achievement of a balance between supply and demand in the employment market - cannot be sufficientlybetter achieved by twhen Member States, and can therefore, by reason of the scale and effect of the action, be better achieved cooperate, with the assistance of the Commission, at Union level, t. The Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty of the European Union. In accordance with the principle of proportionality, as set out in said Article 5, this Regulation does not go beyond what is necessary to achieve that objective.
Amendment 162 #
2014/0002(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) For the purpose of establishing the composition of the network for a transitional period and of ensuring operational continuity with the network established within the framework of Regulation (EU) 492/2011, the organisation designated as EURES Partners under Article 3(c) or Associated Partners under Article 3(d) of Commission Implementing Decision 2012/733/EU on [date of entry into force of this Regulation] should be permitted to continue as EURES Members or EURES Partners for a transitional period.
Amendment 168 #
2014/0002(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) cooperation between Member States and the Commission on sharing data on traineeship, apprenticeship and job vacancies, job applications and CV's and on the resultant placement of worjobseekers in traineeships, apprenticeships and jobs;
Amendment 170 #
2014/0002(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) actions by and between Member States to facilitate the achievement of a balance between supply and demand in the labour market of the Union, with a view to promote aachieve high levels of employment;
Amendment 180 #
2014/0002(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) related mobility support services to be provided to jobseekers, workers and employers.
Amendment 192 #
2014/0002(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘job vacancy’ means any offer for employment, including for apprenticeships and traineeships considered as work; apprenticeship or traineeship; The rules governing traineeships and apprenticeships, and the conditions under which they take place, shall be determined in the context of existing national and Union law;
Amendment 193 #
2014/0002(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘clearance’ means the exchange of information and processing of job vacancies, job applications and CV's;
Amendment 197 #
2014/0002(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘placement’ by employment services of a worker with an employer or ‘recruitment’ of a worker for an employer means the provision of services to mediate between supply and demand with the objective of filling a job vacancy;
Amendment 201 #
2014/0002(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) "EURES cross-border partnership" means long-term cooperation between the regional/local employment services, trade unions and employers' organisations, and other relevant stakeholders, at cross- border level.
Amendment 210 #
2014/0002(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) The EURES Members which are the bodiPublic Employment Services appointed by the Member States responsible for the application of this Regulation in the respective Member State, i.e. the 'National Coordination Offices' and other public, private or third-sector employment services authorised by Member States to provide at national, regional and/or local level support with clearance and support services to workers and employers;
Amendment 219 #
2014/0002(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) The EURES Partners which are the organisations authorised by Member States to provide at national, regional and/or local level support with clearance and/or support services to workers and employers.
Amendment 228 #
2014/0002(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. In cross-border regions, EURES cross-border partnerships comprising the regional/local public services, employers' organisations and other relevant stakeholders from at least two Members States, may also provide cross-border support services.
Amendment 238 #
2014/0002(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) increased voluntary geographical and occupational mobility in the Union on a fair basis;
Amendment 241 #
2014/0002(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) social inclusion and integration of persons excluded from the labour market and social inclusion.
Amendment 253 #
2014/0002(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a – point i
Article 6 – paragraph 1 – point a – point i
(i) the operation and development of a European job mobility portal, 'the EURES portal', and related IT services, including systems and procedures for the exchange of job vacancies, job, apprenticeship and traineeship applications, CVs, and supporting documents such as skills passports and the like, and other information, in cooperation with other relevant Union information, advisory services or networks, and initiatives;
Amendment 257 #
2014/0002(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a – point ii
Article 6 – paragraph 1 – point a – point ii
(ii) information and communication activities across the Union;
Amendment 261 #
2014/0002(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a – point iv
Article 6 – paragraph 1 – point a – point iv
(iv) facilitation of networking, exchange of best practice and mutual learning within the EURES network;
Amendment 269 #
2014/0002(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) the monitoring and evaluation of EURES activity and its employment performance, in co- operation with EURES Members;
Amendment 286 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(ba) ensuring a coordinated transfer to the EURES portal of information on traineeship, apprenticeship and job vacancies, applications and CVs in accordance with Article 14;
Amendment 294 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – introductory part
Article 7 – paragraph 3 – subparagraph 1 – introductory part
For the purpose of publication, including on the EURES portal, in the interest of jobseekers, workers and employers, the National Coordination Office validates, regularly updates and timely disseminates information and guidance available at national level on:
Amendment 299 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point b
Article 7 – paragraph 3 – subparagraph 1 – point b
(b) administrative procedures as regardsing employment and the take-up of employment;
Amendment 308 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point d
Article 7 – paragraph 3 – subparagraph 1 – point d
(d) apprenticeships and traineeships, after ensuring that they fully respect the Council Recommendation on a Quality Framework for Traineeships as to improve the quality of traineeships, in particular as regards learning and training content and working conditions, with the aim of easing the transition from education, unemployment or inactivity to work. Inter alia, the traineeship shall respect the working conditions applicable to trainees, under the applicable Union and national law and the rights and obligations and transparency of its terms and conditions;
Amendment 310 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point d
Article 7 – paragraph 3 – subparagraph 1 – point d
(d) the regulatory framework for apprenticeships and traineeships;
Amendment 324 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point e
Article 7 – paragraph 3 – subparagraph 1 – point e
(e) where applicable, the situation of frontier workers in particular in cross- border regions. in close cooperation with EURES cross-border partnerships;
Amendment 487 #
2014/0002(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. The public employment services shall engage in enhanced cooperation as to assist job matching across borders.
Amendment 504 #
2014/0002(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2 a. The common classification system of skills, competences, qualifications and occupations shall take into account the experiences and best practices already acquired following the implementation of the European Qualifications Framework and the Directive 2005/36/EC of the European Parliament and of the Council1a. ________________ 1a Directive2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 569 #
2014/0002(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b a (new)
Article 20 – paragraph 2 – point b a (new)
(b a) to provide information on counselling services as to employment opportunities for the workers' families;
Amendment 572 #
2014/0002(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b b (new)
Article 20 – paragraph 2 – point b b (new)
(b b) to provide information on language courses available upon arrival in the Member State of destination;
Amendment 623 #
2014/0002(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. By derogation from Article 18(5),The EURES Partners mayshall offer the assistance referred to in paragraph 1 to workers against a fefree of any charge.
Amendment 647 #
2014/0002(COD)
Proposal for a regulation
Article 24 – subparagraph 1 a (new)
Article 24 – subparagraph 1 a (new)
Member States shall ensure that mobile workers enjoy the same protection on their territory as their own nationals. To that end public policies shall address the hostile working environment, the high risk of exploitation and the poor working conditions that mobile workers might experience when they arrive in a new labour market. The same considerations shall be given to those workers' families and opportunities shall be provided for them to be integrated into the new labour market.
Amendment 14 #
2013/2133(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the SPA and the CETA are closely linked, following the EU's common approachbeing negotiated in parallel and are complementary in strengthening the EU- Canada relationship;
Amendment 18 #
2013/2133(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the issue of a full visa waiver for all EU citizens is still pending, imposing visa requirements on Romanian, Bulgarian and Czech citizens, and should be rapidly resolved;
Amendment 29 #
2013/2133(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) to insist that all contractual relationships with third countries, both industrialised and developing, should include clearly worded conditionality and political clauses on human rights and democracy, without exception; to adopt appropriate safeguards to ensure that the suspension mechanism cannot be abused;
Amendment 31 #
2013/2133(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
(c) to insistwhile bearing in mind that such conditionality should thus, as a matter of course, form part of the SPA with Canada, in order to ensure theat it is consistency oft with the EU's common approach on the matter, enough flexibility should be promoted to reflect the positive, historic and unique nature of the EU-Canada relationship;
Amendment 42 #
2013/2133(INI)
Motion for a resolution
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
(ea) to insist upon the swift resolution of the visa waiver issue, which is regrettably not applied to all EU Member States and imposes the visa requirement for Romanian, Bulgarian and Czech citizens;
Amendment 68 #
2013/2078(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas these organisations have expressed and recorded their concerns, particularly with regard to the situation of Roma, migrants, asylum seekers, refugees, minorities, members of LGBT communities, the media and journalists, the actions of the security forces, police and secret services, the investigations necessary to prosecute and punish those responsible for human rights violations, state involvement in acts of torture and ill- treatment committed third countries, the use of evidence thus obtained, conditions of detention and the ill-treatment of detainees;
Amendment 183 #
2013/2078(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls for the respect of dignity at the end of life, notably by ensuring that decisions expressed in living wills are recognised and respected;
Amendment 206 #
2013/2078(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the fact that a growing number of Member States are respecting the right to found a family through marriage, civil partnership or registered cohabitation and adoption, without discrimination on grounds of sexual orientation, and calls on the remaining Member States to do the same; welcomes the recent judgment by the European Court of Human Rights in the case of Vallianatos and others v. Greece affirming that same-sex couples must be able to enter into civil unions; calls on the Commission and all Member States to propose and adopt legislation and policies to combat homophobia, transphobia and hate crimes, and welcomes the publication of Opinion No 2/2013 of the FRA on the Framework Decision on Racism and Xenophobia - with special attention to the rights of victims of crime; calls on the Commission and all Member States to enforce the directive on freedom of movement without discrimination on grounds of sexual orientation; reiterates its calls for the Commission to draw up a European roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity, and to propose an ambitious regulation on the mutual recognition of the legal effects of civil status documents;
Amendment 212 #
2013/2078(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Is extremely concerned about the number of suicides among young people falling victims of homophobia; recalls the findings of the FRA's EU LGBT survey which showed that 26% of all respondents had been attacked or threatened with violence at home or elsewhere, a figure which rises to 35% among all transgender respondents, while 19% of respondents felt discriminated against at work or when looking for a job, despite legal protection under EU law; consequently calls on the Commission to use these findings as a basis for a comprehensive European response to the fundamental rights problems of LGBT persons, in the shape of an EU Roadmap for equality on grounds of sexual orientation and gender identity, as repeatedly called for by Parliament and NGOs;
Amendment 216 #
2013/2078(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Regrets that legal gender recognition procedures for transgender people still include compulsory sterilisation in 14 Member States; calls on Member States to review these procedures so they fully respect transgender people's right to dignity and bodily integrity; congratulates the Commission for its commitment to work within the World Health Organisation to withdraw gender identity disorders from the list of mental and behavioural disorders and to ensure a non-pathologising reclassification in the negotiations on the 11th version of the International Classification of Diseases (ICD-11);
Amendment 224 #
2013/2078(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses its concern about the numerous breaches of the right of asylum and of the obligation to extend protection in the event of removal, expulsion and extradition of any migrant; stresses the obligation to comply with international human rights conventions, particularly the Geneva Convention and the principle of non-refoulement, and the obligation to come to the assistance of people at sea who are risking their lives to reach the European Union, and to arrange for reception conditions and procedures which respect their dignity and fundamental rights; welcomes the adoption of the ‘'asylum’' package; deplores, however, the fact that minorschildren can still be placed in detention and calls for them to be systematically excluded from expedited procedures; calls for the establishment of common minimum standards for the reception and protection of unaccompanied minorschildren; welcomes the recent ECJ judgment stating that LGBT applicants for asylum can constitute a particular social group who may be persecuted on account of their sexual orientation and that the existence of a term of imprisonment in the country of origin sanctioning homosexual acts may constitute an act of persecution per se, provided that it is actually applied, while asylum seekers seeking protection from sexual orientation based persecution cannot be expected to "conceal [their] homosexuality in [their] country of origin or exercise restraint in expressing it";
Amendment 252 #
2013/2078(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that the Union and Member States should step up their measures to promote equality, combat discrimination and protect cultural, religious and linguistic diversity, and their measures relating to gender equality, the rights of the child, the rights of older persons, the integration of people with disabilities and the rights of LGBT persons; reiterates for the umpteenth time its call for the Council to adopt the Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the FRA Opinion 1/2013 on the situation of equality in the European Union 10 years on from initial implementation of the equality directives in this regard;
Amendment 368 #
2013/2078(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Believes that the current policies on drugs should be urgently re-examined, as they have not reached their stated objectives, and that the current approach, which is based on criminalisation and imprisonment, leads only to further stigmatisation and marginalisation, as well as to an overload of the justice and prison system, instead of saving lives and helping drugs' abusers concretely; consequently calls for the revision – at national, EU and international level – of laws and policies on the basis of a more rational approach based on fundamental rights, medical care and harm reduction;
Amendment 2 #
2013/2024(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that the Treaty of Lisbon brought important positive elements to theand the Charter of Fundamental Rights have strengthened the constitutional basis of EU Institutions and Member States in reaching the shared objective to transform the EU in an area of freedom, security and justice, but deplores certain shortcomings in its implementation; is no longer willing to accept that the Council and the Commission, in many instances, continue to act as if the Treaty of Lisbon had not entered into forceconsiders that this objective requires that EU Treaties and laws are applied equally in the EU and that consequently opt-outs or special regimes should be removed; is no longer willing to accept that the Council and the Commission, in many instances, continue to act as if the Treaty of Lisbon and the Charter of Fundamental Rights had not entered into force including by ignoring the role and legitimacy of the European Parliament and of national parliaments; requests the fulfilment of the obligation to inform the Parliament ‘immediately and fully at all stages of the procedure’ leading to the conclusion of international agreements; regrets the unacceptable delays in bringing the acts of the former third pillar in line with the Treaty of Lisbon; calls for a case-by-case assessment of the former third pillar acts with regard to how they impact on fundamental rights, with a view to bringing them in line with the new hierarchy of norms of basic, delegated and implementing acts;
Amendment 7 #
2013/2024(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes the view that the use of the ordinary legislative procedure has brought law-making closer to the people and has given the European Parliament, the only democratically elected Union institution, a greater degree of influence, underlines that this procedure should be further expanded in the future Treaty revisions and that stronger transparency in the decision-making process should be brought, notably in relation to first reading agreements and trilogues, so to ensure that the right of access to documents and to information is guaranteed as foreseen by the Treaties;
Amendment 14 #
2013/2024(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that the era of large-scale multiannual programmes based on the intergovernmental approach is overcan be reviewed by allowing more space for flexibility, notably to react to urgent issues or EP requests for action or proposals, given the array of legal bases provided for by the Treaties in the policy spheres covered by the area of freedom, security and justice, the scope for the Commission to make use of its right to propose legislation and its stated ambition to do so; believes the Commission should anyway develop and present at the beginning of its term its programme of action, that shall be reviewed and finalized on the basis of the requests of the EP and the Council and then implemented with clear deadlines;
Amendment 22 #
2013/2024(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. calls for a strengthened cooperation and dialogue between national parliaments and the European Parliament, as well as between EU institutions and bodies in general and national parliaments, so to ensure that information on EU initiatives is made available directly and promptly by EU institutions and bodies to national parliaments as much as possible, for instance by taking part in national parliaments plenary and committee hearings;
Amendment 41 #
2013/2024(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Underlines that the only way to bring citizens closer to the EU is to proceed to a reform of the Treaties so to strengthen its democratic and institutional structure on the federal model and to enhance the participation of citizens to the decision-making process;
Amendment 56 #
2013/2024(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls urgently for measures to address the so-called Copenhagen dilemma, describing a situation in which the Union sets high standards for candidate countries to meet but lacks tools for Member States; announces its intention to set up a Copenhagen Commission within the Committee on Civil Liberties, Justice and Home Affairscalls on the Commission to adopt a decision creating a new mechanism to implement article 2 TEU on the European fundamental values, including in the view of applying article 7 TEU in the European Union; calls on the EU institutions also to prepare Treaty amendments to further strengthen fundamental rights protection and promotion in the EU;
Amendment 69 #
2013/2024(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. FearsWarns about the fact that the economic crisis may develop into a crisis of democracyexperienced in Europe and abroad is accompanied by a crisis of democracy in some EU Member States and believes that strong political leadership at national and European level is necessary to defend democratic achievements, the Rule of law, fundamental rights, equality and protection of minorities;
Amendment 86 #
2013/2024(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. strongly condemns the blockage and delays experienced by the EU in the negotiations of accession to the ECHR and calls EU institutions and Member States to accelerate the procedures for the EU accession to the ECHR and to reject any future further attempt to undermine the ECHR role, competences and powers in relation to citizens' and residents' human rights and fundamental freedoms;
Amendment 97 #
2013/2024(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers the continued blockage of the review of the Access to Documents Regulation unacceptable and calls the Commission and the Council to ensure that the right of access to documents and information, enshrined in the EU Charter of fundamental rights and in the Treaties, is respected, enacted, developed and promoted;
Amendment 104 #
2013/2024(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. RecognisUnderlines that initiatives in the field of the mutual recognition of legal situations, judgments and documents play a very important role in this respectand of their validity and effects play a paramount role in ensuring that citizens can fully enjoy their rights in the EU across national boundaries, as mutual recognition, while leavesing the legal systems of Member States unchanged, butstrongly reduces the unreasonable and intolerable bureaucratic and red tape inconveniences which differences in national regulations cause for individual citizens; citizens and their families in the EU, notably when they exercise their fundamental right to free movement;
Amendment 110 #
2013/2024(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that mutual recognition requires that citizens and legal professionals trust each other's legal institutions; notes that such trust can be built upon the strengthening of a truly European legal culture that is fully respectful of the common principles of subsidiary and of judicial independence, the establishment ofdemocracy, Rule of Law, fundamental rights, of judicial independence; underlines that the strengthening and monitoring of such common standards and an understanding of other legal systems plays a very important role in underpinning mutual recognition and trust; points out that mutual recognition and trust can lead to gradual, the mutual knowledge and exchange of best practices and enhanced trust between Member States changes in national civil law traditions through an exchange of best practices between Member State guarantee that civil law is applied at national level in a way to guarantee and benefit citizens' rights instead of creating unreasonable and complicated obstacles denying or limiting their rights;
Amendment 115 #
2013/2024(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Calls on the European Commission to pursue existing plans to make proposals for an all-encompassing approach for the mutual recognition of the effects of civil status documents, in order for European citizens and residents and their families to carry throughout the European Union existing rights attached to civil statuses already legally recognised in several European jurisdictions;
Amendment 143 #
2013/2024(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Believes that mutual trust between the Member States must be strengthened by harmonizing the respect of fundamental rights in relation to criminal procedures, taking common measures to ensure a good administration of justice and of prisons, which are often at the root of the lack of trust between Member States, and that mutual recognition and harmonisation of EU criminal law cannot progress without serious feed-back on the implementation of these rules at Member State level;
Amendment 149 #
2013/2024(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Believes that the evaluation of the implementation of the Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law provides the opportunity to adopt further European legislation to combat all forms of hate crimes;
Amendment 153 #
2013/2024(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Believes that an effective justice system is a powerful driver for, fair, timely and fundamental rights compliant civil and criminal justice and prisons system is a powerful driver for mutual trust and mutual recognition in the EU, as well as to guarantee democracy, the Rule of Law, equality, as well as a prosperous economy;
Amendment 159 #
2013/2024(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes with satisfaction the progress made by the Member States and the Commission in the context of the Internal Security Strategy (ISS) and the EU policy cycle on organised and serious international crime; points out, however, that further progress needs to be made, for instance in the fields of cybercrime, protection of critical infrastructure and the fights against corruption, money laundering, terrorist funding and the trade in illegal firearms, both internally and externally; is extremely concerned about the mass surveillance of citizens operated by the US and EU Member States and calls for strong EU action against third country and third party surveillance threatening the internal security of the EU;
Amendment 173 #
2013/2024(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Believes that a proper evaluation of the implementation, effects and concrete results of the policies and legislation in the internal security field, as well as the analysis of the security threats to be addressed is an, are the essential prerequisites for an effective ISS;
Amendment 180 #
2013/2024(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Acknowledges that cross-border crime isbelieves that the current 'landscape' onf the increase in the EU and therefore underlines the importance of European law enforcement information exchange; believes that the current ‘landscape’ of the different instruments, channels and toolsdifferent instruments, channels and tools available to law enforcement to counter Europe-wide criminality is complicated and scattered, leading to inefficient use of the instruments available and to inadequate democratic oversight at EU level; calls for a future- oriented vision on how to shape and optimise law enforcement data sharingactivities, and their democratic and judicial oversight, in the EU, while guaranteeing fundamental rights including a robust level of data protection;
Amendment 281 #
2013/2024(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Profoundly deplores the low quality of the policy-making process; observes that the definition of problems, the discussion of possible solutions and the choice between possible options usually does not follow a sequential order, as would be correct, but is rather often done simultaneously; calls on the Commission first to present reports on the issues to be addressed, then to invite a discussion on possible solutions and finally to present legislative proposals; calls on its competent parliamentary bodies to develop a system - modelled on similar systems in national parliaments - whereby the EP services produce independent Study or research dossiers on each legislative proposal examined by the EP where these are analysed in detail in relation to: current legal situation; changes introduced; effects; legal context at national level; experts, stakeholders and civil society views; compatibility with international treaties and fundamental rights, etc.;
Amendment 286 #
2013/2024(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Proposes a systematic, objective and independent ex-post tracking and evaluation of new legislation that should also assess the continuing need for legislation in this areaand on how it is implemented in the Member States, that should also assess the need for new legislation in certain sectors or vice-versa the need for proper and better implementation at national level, to be pursued by the EU institutions with the Member States, via guidelines, infringement proceedings, etc.;
Amendment 295 #
2013/2024(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Welcomes the initiative of the Commission in drawing up the EU Justice Scoreboard which aims at ensuring a high- quality justice system in the area of civil, commercial and administrative law since, at the end of the day, the concrete application of laws is in the hands of the courts; calls for the justice scoreboard exercise to be enlarged to assess all justice areas, including criminal justice and all horizontal issues, as fundamental rights are directly impacted in this field; proposes that data regarding the state of the rule of law, democracy and fundamental rights, and the fulfilment of European values (Article 2 of the Treaty on European Union (TEU)) in all Member States be included as well, notably in connection to the development of the "new mechanism" in this field;
Amendment 23 #
2013/2020(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas one of the defining characteristics of the region, mostly generated by political instability, poverty and unsecured borders, is the spill-over effect, which inherently causes shared human rights challenges in the entire Sahel; whereas this characteristic outlines the need for a well-coordinated and holistic approach towards the entire eco- geographic region of Sahel;
Amendment 27 #
2013/2020(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the scope of this resolution encompasses the countries identified by the EU Sahel Strategy, specifically Mauritania, Mali, Niger, and relevant parts of Burkina Faso and Chad; whereas the broader geographic and ecological definition of the Sahel, which encompasses as well parts of Gambia, Senegal, Algeria, Nigeria, Cameroon, Sudan, South Sudan and Eritrea, also remains crucial with regard to the region's shared human rights challenges; whereas this report will also discuss the human rights situation in Western Sahara and the Tindouf camps;
Amendment 43 #
2013/2020(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the presence of terrorist groups in the Sahel causes serious instability and insecurity in the region, with hostage-taking and violent attacks; whereas the Sahel is a transit zone for drug-trafficking by criminal gangs from Latin America, and whereas drug- traffickers are often linked to terrorist groups which provide security for them while in transit; whereas the presence of these traffickers is a source of instability both for the Sahel and for the European Union, which is often the final destination of this trade;
Amendment 99 #
2013/2020(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Attaches particular urgency to the human rights situation in Mali, with reports of serious human rights violations in northern Mali by armed groups; notes that alleged crimes include mass rape, mutilation, cruel treatment and torture, ethnic-based violence, summary executions, illegal arrests and passing of sentences without due process, forced disappearances, the use of child soldiers, forced marriages, intentionally directing attacks against protected objects, and destruction and looting of property; is deeply concerned about the new trends in the terrorist and criminal techniques, such as suicide bombers, kidnapping and hostage-taking and use of children as human shield; notes that, since January 2013, there have also been reports of human rights violations by elements of the Malian security forces and vigilante groups against the Tuareg and Arab communities, and other groups perceived to have cooperated or been associated with rebel groups; urges the Malian authorities and their international partners to pay close attention to the new patterns of human rights violations, including reprisals based on ethnicity, that have emerged since the recovery of certain parts of northern Mali, and could constitute an obstacle to peace- building and reconciliation if not properly addressed; calls upon the Malian Government to facilitate the reporting of abuses in any future offensives, and to respect due process when interrogating suspected militants; reiterates its condemnation of the atrocities committed against the civilian population; recalls the International Criminal Court (ICC) Prosecutor's determination of a reasonable basis to believe that atrocities committed in the Mali conflict constitute war crimes; believes moreover that some atrocities could constitute crimes against humanity;
Amendment 104 #
2013/2020(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes with grave concern that a further reason for the escalating destabilization in Mali is the growing level of corruption, leaving the population of the North, such as Tuareg, Songhai, Arabs and others out of the range of the international aid; emphasises that one of the most dangerous effects of corruption is the creation of cultural and ethnic separation between northern and southern Mali;
Amendment 111 #
2013/2020(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Abhors the grave violations against children in Mali, including the reported use of child soldiers by all of the armed groups active in the north; is deeply concerned about the findings of the UN latest report on children and armed conflicts, which deplores the fact that the character and tactics of conflict in Mali create unprecedented threats for children, as parties of the conflict engage in the recruitment and use of children, sexual violence against children, the killing and maiming of children in contravention of international law, recurrent attacks on schools and/or hospitals or recurrent attacks or threats of attack against protected personnel; emphasises the importance of allocating sufficient recourses to the tasks of demobilisation and rehabilitation of child soldiers; condemns in the strongest terms the sexual violence against girls, forced marriages, abductions and attacks on schools and hospitals that have occurred during the Mali conflict; draws attention to the capture and detention of children for intelligence purposes as a worrying emerging trend that needs to be addressed as a matter of the utmost urgency;
Amendment 160 #
2013/2020(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Welcomes the peaceful settlement of the border dispute between Niger and Burkina Faso brought by those two countries before the International Court of Justice, which handed down its ruling on 16 April 2013, and calls on the Sahel countries to follow this example;
Amendment 162 #
2013/2020(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Calls on the Sahel countries to cooperate with the ICC so as to enable it to conduct investigations freely and with complete impartiality; calls on states parties to execute international arrest warrants issued by the ICC and enforce its decisions with all due dispatch; proposes that the UN should help the Sahel countries to set up impartial and independent judicial bodies to try international crimes, following the example of the Special Court for Sierra Leone;
Amendment 193 #
2013/2020(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes, with due gravity, the frequent food crises and other humanitarian emergencies in the Sahel region, and their effect on the most fundamental human rights; welcomes the strong involvement of the EU and its Member States in the humanitarian crisis efforts in the Sahel; emphasises, however, the need for humanitarian action to be coordinated with longer term EU support in the context of development cooperation and human rights protection, focusing mainly, in order to ensure food self-sufficiency, the infrastructure improvements, clarification of land tenure and increased fight against speculation of prices; notes that priority should be also given to improvement of resources' mobility, which is, due to social and political unrest in the Sahel, disrupted and thus hinders the functioning of markets;
Amendment 206 #
2013/2020(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes, furthermore, with great concern, that slavery persists across the wider Sahel region, with large numbers of people in bonded labour in Mali, Niger and elsewhere; urges the responsible national and international authorities to take action in this regard, by monitoring the due implementation of the legislation, which prohibits and criminalises slavery, with particular attention to the position and vulnerability of women and girls,; encourages the development by the authorities of programmes that aim inter alia assisting victims' rehabilitation and reintegration, collecting data, and most importantly, organising awareness-raising campaigns, as slavery is considered by many former slaves and slave owners as a natural state of play and this social hierarchy is deeply embedded in their mentality; encourages the local authorities to develop strategies and programmes aiming to integrate in society former slaves by ensuring means of subsistence and adequate access to work places;
Amendment 219 #
2013/2020(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes the discrimination faced by women and girls in much of the region, the manifestations of which include forced marriage, child marriage, sexual exploitation, under- education and, particularly in Chad, widespread female genital mutilation, including infibulation; calls on the EU to assist local women's groups and civil so, and traditional practices such as sororate or levirate marriage; calls for the implementation, in cooperation with all the development actors on the ground, of policietys to tackle oppression, and enable women to lead lives that they have freely chosensafeguard human rights and gender equality, in particular respect for and the safeguarding and promotion of the rights of women, including sexual and reproductive rights, with no discrimination on the grounds of race, caste, age, ethnicity, religious belief, marital status, origin or status as a migrant or non-migrant;
Amendment 315 #
2013/2020(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Expresses concern that the poverty in Tindouf, coupled with an absence of long- term prospects for many refugees, leaves them vulnerable to radicalisation along religious fundamentalist lines; draws attention to the region's porous borders, which risk facilitating deeper infiltration of the camps by jihadi groups from northern Mali and elsewhere; stresses, therefore, the paramount importance of ensuring the safety and security of the camps and calls on Algerian authorities to act upon its responsibility to alleviate the human rights situation in Tindouf camps;
Amendment 338 #
2013/2020(INI)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Encourages the governments of Morocco and Algeria to further develop and enhance their political dialogue in order to avoid increasing tensions in the region; welcomes the development and follow-up of programmes between Morocco and Algeria that aim at facilitating the access and movement of relatives from both sides;
Amendment 4 #
2013/0812(COD)
Draft legislative resolution
Citation 4
Citation 4
Amendment 10 #
2013/0812(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) By letters of 12 December 2012 and 8 February 2013, the United Kingdom, against its commitment and legal obligation as per Council Decision 2005/681/JHA and the Headquarters Agreement concluded between the United Kingdom and CEPOL on 30 December 2004, informed CEPOL that it no longer wishes to host the seat on its territory. Apart from hosting CEPOL, Bramshill also hosts a national police training site of the National Policing Improvement Agency which the United Kingdom decided to replace by a new College of Policing to be located elsewhere. The United Kingdom has therefore decided to close the national police training site at Bramshill and to sell the site indicating that the related costs were high and no alternative business model to run the site had emerged.
Amendment 13 #
2013/0812(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In view of this situation, on 8 October 2013, the representatives of the Governments of the Member States agreed by common accord on arrangements to host CEPOL according to which CEPOL will be hosted in Budapest as soon as it moves from Bramshill. This agreement should be incorporated in Council Decision 2005/681/JHAdecision was taken, without any prior consultation with the European Commission and the European Parliament, following a specific voting arrangement proposed by the Presidency and accepted by the Member States, under the item "Provisional arrangements to host CEPOL" during the JHA Council informal lunch on 8 October 2013. Seven applications had been submitted further to the Council Presidency's call in July 2013 for applications to provisionally host the European Police College until a long- term solution for the future of the Agency could be found. The Member States submitting candidatures were Ireland, Greece, Spain, Italy, Hungary, The Netherlands and Finland. Finland subsequently withdrew its application. The political agreement was confirmed at the JHA Council meeting on the same day, 8 October 2013.
Amendment 17 #
2013/0812(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In its proposal for a Regulation on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA, published on 27 March 2013, the European Commission estimated that the merging of Europol and CEPOL into a single agency, situated at the current headquarters of Europol in The Hague would create important synergies and efficiency gains, assessing savings at the level of €17.2 million over the period 2015-2020 and 14 full time staff equivalent (FTE).
Amendment 19 #
2013/0812(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) Given the links between the tasks of Europol and CEPOL, a close cooperation between the two agencies would enhance the effectiveness of operational activity, the relevance of training and the efficiency of Union police cooperation. A relocated seat for CEPOL should therefore be in proximity of Europol seat, in order strengthen the links and create synergies between the two fields of the Agencies. Contacts between the operational and the training staff would help identify training needs, thus increasing the relevance and focus of EU training, to the benefit of EU police cooperation overall.
Amendment 20 #
2013/0812(COD)
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
(3c) The European Commission had estimated that the relocation of around 40 staff from CEPOL's current site in Bramshill, UK, to the Europol site in The Hague, the Netherlands, is expected to result in limited one-off costs, estimated at €30 000. Potential savings and synergies or efficiency gains are particularly important in an economic context where national and EU resources are scarce and where resources to strengthen EU law enforcement training might not otherwise be available.
Amendment 21 #
2013/0812(COD)
Draft regulation
Recital 3 d (new)
Recital 3 d (new)
(3d) As underlined by the European Commission, the draft Regulation amending the CEPOL Decision does not refer to the provisional relocation of the seat of CEPOL, but goes much further, as it is in direct opposition to the Commission's proposal for the Europol Regulation, including the merger of CEPOL into Europol, which has been and remains on the table since 27 March 2013.
Amendment 22 #
2013/0812(COD)
Proposal for a regulation
Recital 3 e (new)
Recital 3 e (new)
(3e) The relocation of CEPOL as proposed does not achieve the functional and operational reform that would match the goals of rationalisation and operational improvement for agencies. It has adverse budgetary effects, as it does not achieve functional synergies and cost savings. It is consequently not in line with the recommendations set out in the Common Approach on decentralised agencies endorsed by the 3 Institutions.
Amendment 28 #
2013/0812(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
Council Decision 2005/681/JHA
Article 4
Article 4
The seat of CEPOL shall be in Budapest, HungaryThe Hague, The Netherlands.
Amendment 28 #
2013/0305(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) No risk assessment should be conducted under this Regulation on a new psychoactive substance if it is subject to an assessment under international law, or if it is an active substance in a medicinal product or in a veterinary medicinal product, unless at Union level there is sufficient data available to suggest the need for a joint report of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and Europol.
Amendment 38 #
2013/0305(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) established by Regulation 1920/2006/EC of the European Parliament and of the Council of 12 December 200618 should have a central role in the exchange and coordination of information on new psychoactive substances and in the assessment of the health, social and safety risks that they pose. Given that under the scope of this Regulation there is an increase in the amount of information expected to be collected and managed by the agency, specific support should be envisaged and provided. __________________ 18 OJ L 376, 27.12.2006, p. 1.
Amendment 45 #
2013/0305(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Information from Member States is crucial for the effective functioning of the procedures leading to decision on market restriction of new psychoactive substances. Therefore, Member States should monitor and collect, on a regular basis, data on the use of any new psychoactive substances, related health, safety and social problems and policy responses, in accordance with the EMCDDA framework for data collection for the key epidemiological indicators and other relevant data. They should share this data notably with the EMCDDA, Europol and the European Commission.
Amendment 53 #
2013/0305(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In the application of this Regulation, the Commission should consult Member States' experts, relevant Union agencies, civil society and, economic operators and any other relevant stakeholder.
Amendment 54 #
2013/0305(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union and of the European Convention of Human Rights, including the freedom to conduct a business, the right to property and the right to an effective remedy, the right of access to preventive healthcare and the right to benefit from medical treatment,
Amendment 58 #
2013/0305(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
National Focal Points within the European Information Network on Drugs and Drug Addiction (‘Reitox’) and Europol National Units shall providegather continuously and provide in a timely manner to the EMCDDA and Europol the available information on the consumption, possible riskdetection, identification, consumption, patterns of use, dosage, use disorder, possible risks, non-fatal intoxication, deaths, social harms, manufacture, extraction, importation, trade, distribution, trafficking, commercial and scientific use of substances that appear to be new psychoactive substances or mixtures.
Amendment 76 #
2013/0305(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Scientific Committee of the EMCDDA shall carry out the risk assessment on the basis of information on the risks of the substance and on its uses, like its patterns and dosage, including commercial and industrial uses, provided by the Member States, the Commission, the EMCDDA, Europol, the European Medicines Agency, the European Chemicals Agency, the European Food Safety Authority and on the basis of any other relevant scientific evidence. It shall take into consideration all opinions held by its members. The EMCDDA shall support the risk assessment and shall identify information needs, including targeted studies or tests.
Amendment 82 #
2013/0305(COD)
Proposal for a regulation
Article 8 – paragraph 4 (new)
Article 8 – paragraph 4 (new)
4. However, the risk assessment shall be carried if at the Union level there is sufficient data available to suggest the need for a joint report of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and Europol.
Amendment 107 #
2013/0305(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. By means of delegated acts, the Commission shall adopt a Decision to supplement or further specify the exhaustive criteria based on which the Decision referred to in paragraph 1 will be taken.
Amendment 125 #
2013/0305(COD)
Proposal for a regulation
Article 22
Article 22
By [five years after the entry into force of this Regulation] at the latest and every five years thereafter, the Commission shall assess the implementation, application and effectiveness of this Regulation and publish a report. In this respect, the Commission, the EMCDDA and Europol shall conduct post-risk assessments based on epidemiological and sociological studies of new psychoactive substances.
Amendment 10 #
2013/0304(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, and notably the right to an effective remedy and to a fair trial, the presumption of innocence and the right of defence, the right not to be tried or punished twice in criminal proceedings for the same criminal offence and, the principles of legality and proportionality of criminal offences, the right of access to preventive healthcare and the right to benefit from medical treatment.
Amendment 11 #
2013/0304(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The Union and its Member States should further develop the European approach based on fundamental rights, prevention, medical care and harm reduction, with the aim of helping drug users to overcome their addiction and at reducing the social, economic and public health negative impact of drugs. The Union and its Member States should review policies and laws providing for imprisonment and criminalization of drugs users, which lead to further marginalisation and stigmatization, as well as to an overload of the justice and prison systems.
Amendment 13 #
2013/0304(COD)
Proposal for a directive
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Framework Decision 2004/757/JHA
Article 2 – paragraph 2
Article 2 – paragraph 2
(1a) In Article 2, paragraph 2 is replaced by the following: '2. The conducts described in paragraph 1 shall not be included in the scope of this Framework Decision when it is committed by its perpetrators exclusively for their own personal consumptionfor personal use as defined by national law.'
Amendment 16 #
2013/0304(COD)
Proposal for a directive
Article 1 – point 1 b (new)
Article 1 – point 1 b (new)
Framework Decision 2004/757/JHA
Article 2-paragraph 3 (new)
Article 2-paragraph 3 (new)
(1b) In Article 2, the following paragraph is added after paragraph 2: '3. Member States shall remove a substance from their criminal law provisions as soon as it is no longer subject to permanent market restrictions pursuant to Article 13(1) of the Regulation (EU) No .../ ... on new psychoactive substances.'
Amendment 1 #
2013/0255(APP)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to other instruments in the area of criminal justice which have been adopted in co-decision by the European Parliament together with the Council, such as Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest, the Directive regarding the European Investigation Order in criminal matters etc.,
Amendment 3 #
2013/0255(APP)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to Articles 263, 265, 267, 268 and 340 of the Treaty on the Functioning of the European Union,
Amendment 4 #
2013/0255(APP)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
– having regard to the Charter of Fundamental Rights of the European Union,
Amendment 6 #
2013/0255(APP)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the opinion of European Parliament’s Legal Service,
Amendment 10 #
2013/0255(APP)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
– having regard to the 14 reasoned opinions expressed by the Member States’ national parliaments,
Amendment 11 #
2013/0255(APP)
Motion for a resolution
Recital –A (new)
Recital –A (new)
– A. whereas the Treaty on the Functioning of the European Union expressly provides in its Article 86 the possibility of establishing a European Public Prosecutor’s Office;
Amendment 12 #
2013/0255(APP)
Motion for a resolution
Recital –A a (new)
Recital –A a (new)
-Aa. whereas the main objectives of establishing the European Public Prosecutor’s Office is to contribute to the strengthening of the protection of the Union’s financial interests, to enhance the trust of EU businesses and citizens in the Union’s institutions and to ensure a more efficient and effective investigation and prosecution of offences affecting the EU financial interest, while fully respecting the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union;
Amendment 34 #
2013/0255(APP)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the proposal of the Commission exceeds the limits envisaged by Article 86 of the Treaty on the Functioning of the European Union, which is the legal basis of the proposal. Therefore, considers that the European Commission should have used this proposal in order to initiate the creation of the European Public Prosecutor’s Office; believes that a different proposal should be issued later, on the scope of competences, powers and procedures according to which the European Public Prosecutor and its delegates will act, based on legal provisions which according to the Treaty on the Functioning of the European Union involve the European Parliament as co-legislator;
Amendment 37 #
2013/0255(APP)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Council to extensively involve the European Parliament in its legislative work through a constant flow of information and ongoing consultation of Parliament to achieve an outcome that is in line with the changes brought to the Treaty on the Functioning of the European Union after the Lisbon process and which is essentially welcomed by both parties;
Amendment 38 #
2013/0255(APP)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the European legislator, considering that the consistency of overall EU action in the field of justice is vital for its effectiveness, to deal with this proposal in the light of others that are closely linked to it, such as the proposal for a directive on the fight against fraud to the Union’s financial interests by means of criminal law and, the proposal for a regulation on the European Union Agency for Criminal Justice Cooperation (Eurojust) and other relevant instruments which already have been adopted in the field of criminal justice, in order to be able to ensure that it is fully compatible and consistently implemented;
Amendment 45 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point i a (new)
Paragraph 4 – point i a (new)
(ia) the European Public Prosecutor’s Office should fully respect the principle of the right to a fair trial, as provided for by the Charter of Fundamental Rights of the European Union. In this respect, when deciding the national competent court, it should be guaranteed that binding and foreseeable criteria are considered, in order to avoid discretionary powers to be given to the European Public Prosecutor. Consequently, Article 27 (4) of the proposal should be redrafted with this aim;
Amendment 52 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point ii a (new)
Paragraph 4 – point ii a (new)
(iia) the Directive 2013/xx/EU, as provided for in Article 12 of the proposal, according to which the offences for which the European Public Prosecutor will be competent is not yet adopted. Therefore, the text of the proposal should specifically mention that the European Public Prosecutor cannot prosecute offences which are not yet set out in the relevant Member States’ law, already at the time of the offence;
Amendment 53 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point ii b (new)
Paragraph 4 – point ii b (new)
Amendment 54 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point ii c (new)
Paragraph 4 – point ii c (new)
(iic) The drafting of Article 13(1), first sub-paragraph, of the proposal, exceeds the limits of Article 86(1) to (3) TFEU, as interpreted in the light of paragraph 4 thereof. Therefore, it should be redrafted in order to define terms like "ancillary" and "predominant" and ensure respect for the principle of ne bis in idem, by making a reference to the identity of conduct and also requiring unity of offender. The text of the mentioned article should specifically mention that the powers of the European Public Prosecutor’s Office extend to offences other than those affecting the Union’s financial interests only where cumulatively: - one particular conduct simultaneously constitutes offences affecting the Union’s financial interests and other offence(s); and - where the offence(s) affecting the Union’s financial interests is/are predominant and the other(s) is/are merely ancillary; and - where the other offence(s) would be barred from further trying and punishment if they were not prosecuted and brought to judgment together with the offence(s) affecting the Union’s financial interests;
Amendment 55 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point ii d (new)
Paragraph 4 – point ii d (new)
(iid) the trial court should be able to judicially review the determination of competence in accordance with the above- mentioned criteria. Therefore, Article 13(4) of the proposal should be redrafted accordingly;
Amendment 56 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point ii e (new)
Paragraph 4 – point ii e (new)
(iie) the establishment of competence under Article 12 of the proposal and the choice of a jurisdiction, should be checked by the European Public Prosecutor’s Office continuously in advance of the initiation, and throughout the investigation, until each participating Member State has implemented the future Directive on the fight against fraud to the Union’s financial interests;
Amendment 67 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point iv a (new)
Paragraph 4 – point iv a (new)
Amendment 79 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point v a (new)
Paragraph 4 – point v a (new)
(va) The right to an effective judicial remedy should be upheld at any time during the Public Prosecutor’s activity throughout the Union. Therefore, the provisions of Article 36 (1) should be redrafted because the Commissions’ current text, by denying the European Public Prosecutor’s Office the status of Union body interferes with the provisions of Article 263, 265 and 268 of the TFEU. In the same time, Article 36 (2) raises serious concerns about legality. It should, therefore, be redrafted, to the extent it seeks to withhold judicial review questions on the validity of acts and omissions of the European Public Prosecutor’s Office, as foreseen in Article 267(1)(b) TFEU, and to the extent it potentially withholds judicial review questions on the interpretation of the Treaties and of the Regulation in legal situations arising from the application of provisions of national law.
Amendment 80 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point v b (new)
Paragraph 4 – point v b (new)
(vb) the existence of mandatory dismissal grounds should be checked as soon as possible in the course of the investigation, and dismissal should follow without undue delay upon the finding that one of the mandatory grounds applies;
Amendment 81 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point v c (new)
Paragraph 4 – point v c (new)
(vc) before dismissing a case for lack of relevant evidence, the European Public Prosecutor’s Office must carry out proportionate investigative steps to gather evidence, in accordance with its investigative powers and applicable procedural rights;
Amendment 82 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point v d (new)
Paragraph 4 – point v d (new)
(vd) if the European Public Prosecutor decides to dismiss a case, on the basis of Article 28 (2) of the proposal, the national prosecution authorities should not be prevented from further investigating and prosecuting the case if they deem it necessary and the national law allows it;
Amendment 83 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point v e (new)
Paragraph 4 – point v e (new)
(ve) in order to fully uphold the right to a fair trial and the defence rights, dismissal of a case upon transaction should be limited to the phase of criminal proceedings, before indictment;
Amendment 84 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point v f (new)
Paragraph 4 – point v f (new)
(vf) transaction under Article 29 should not be possible in cases where mandatory dismissal is also required or otherwise possible under Article 28 of the proposal and when the conduct or offence at stake are lacking in seriousness;
Amendment 90 #
2013/0255(APP)
Motion for a resolution
Paragraph 5 – point i a (new)
Paragraph 5 – point i a (new)
Amendment 91 #
2013/0255(APP)
Motion for a resolution
Paragraph 5 – point i b (new)
Paragraph 5 – point i b (new)
(ib) with a view to respecting the principle of equality of arms, the national law applicable to a suspect or accused person to which this regulation applies, should be the one which also applies to the investigative or prosecutorial acts of the European Public Prosecutor;
Amendment 96 #
2013/0255(APP)
Motion for a resolution
Paragraph 5 – point iii a (new)
Paragraph 5 – point iii a (new)
(iiia) Articles 56(2) and 60 of the proposed Regulation should be redrafted in order to ensure specification and foreseeability when personal data is further transmitted to the entities mentioned in those articles, thus ensuring compliance with the principle of purpose limitation;
Amendment 97 #
2013/0255(APP)
Motion for a resolution
Paragraph 5 – point iii b (new)
Paragraph 5 – point iii b (new)
(iiib) Article 61(2) of the proposed Regulation should be redrafted in order to ensure transparency and foreseeability, according to the provisions of Article 8(1) and (2) of the European Convention on Human Rights, in cases when personal data is transferred by the European Public Prosecutor to third countries or international organisations;
Amendment 98 #
2013/0255(APP)
(iiic) Article 61(3) of the proposed Regulation should be entirely redrafted in order to avoid discretionary powers to the European Public Prosecutor with respect to the entities where the transfer of data is envisaged, the need for the transfer etc. under the provisions of this article. The European Data Protection Supervisor and/or the European Commission should be fully involved in the decision making process;
Amendment 99 #
2013/0255(APP)
Motion for a resolution
Paragraph 5 – point iii d (new)
Paragraph 5 – point iii d (new)
(iiid) any individual should have the possibility to address a national competent court or authority within the Member State in which the individual is resident whenever his or her rights are infringed by data processing or decision making within the scope of this Regulation;
Amendment 100 #
2013/0255(APP)
Motion for a resolution
Paragraph 5 – point iii e (new)
Paragraph 5 – point iii e (new)
(iiie) when personal data are transferred to third countries or international organisations, according to Article 61 of the proposal, the concerned individuals should be informed and should have access to remedies like the possibility to bring an action before the courts or the authority competent under the law of any Member State to access, correct, delete or obtain information or to obtain compensation in connection with an investigation or any other procedure under this Regulation relating to him;
Amendment 435 #
2013/0091(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 2
Article 31 – paragraph 2 – subparagraph 2
Amendment 453 #
2013/0091(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point c
Article 34 – paragraph 1 – point c
(c) adequate, relevant, limited and not excessive in relation to the purposes for which they are processed; any form of data mining, profiling or general surveillance shall be prohibited;
Amendment 625 #
2013/0091(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. The Chairperson of the Management Board and, the Executive Director or any other Europol staff member shall appear before the European Parliament, jointly with national Parliaments, at their request to discuss matters relating to Europol, taking into account the obligations of discretion and confidentiality.
Amendment 630 #
2013/0091(COD)
Proposal for a regulation
Article 53 – paragraph 3 a (new)
Article 53 – paragraph 3 a (new)
3a. The Members of the Parliamentary Scrutiny Committee shall be allowed to access any further relevant information or document, including by conducting inspections on the spot, so to allow the European Parliament and national Parliaments to carry out their duties of parliamentary scrutiny of Europol activities, as provided for in the Treaties.
Amendment 637 #
2013/0091(COD)
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1
Article 56 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board, from a list of candidates proposin accordance with a cooperation (concertation) procedure, which shall be as follows: (a) on the basis of a list drawn up by the Commission after a call for candidates and a transparent selection procedure, applicants will be asked, by the Commission, following an efore appointment, to address the Council and the competent Parliamentary Scrutiny Committee and, if requested by it, the European Parliament, and to reply to questions; (b) the Parliamentary Scrutiny Committee, the European and transparent selParliament and the Council of the European Union will then give their opinions and state their orders of preference; (c) the Management Board will appoint the Execution procedure. ve Director taking these opinions into account.
Amendment 3 #
2012/2285(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes with concern that, owing to the ongoing economic crisis, the Commission does not foresee increased EU funding for law enforcement authorities in Member States, aiming at a better protection of EU financial interests, in the context of its new comprehensive EU strategy; considers that this strategy should be a coherent and comprehensive response aiming to decrease the smuggling and increase collected revenues and therefore ensure that such an investment pays off in the future;
Amendment 7 #
2012/2285(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Action plan to fight against smuggling of cigarettes and alcohol along the EU Eastern border, and notes that this illegal activity is leading to important financial losses for the EU budget and for the budgets of the Member States (estimated at EUR 10 billion/year); emphasises that this activity serves as an important source of financing for internationally structured criminal organisations, and outlines, therefore, the importance of strengthening the external dimension of the aforementioned Action plan, which foresees supporting enforcement capacity in neighbouring countries, providing technical assistance and training, raising awareness, stepping up operational cooperation, such as Joint Customs Operations (JCO), as well as sharing intelligence and enhancing international cooperation;
Amendment 10 #
2012/2285(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes anti-fraud policies at EU level that include a higher degree of cooperation with third countries, such as the Anti-fraud Transit Information System, which grants access to EFTA countries, the Mutual Administrative Assistance (MAA) and related anti-fraud provisions with third countries, the Joint Customs Operations (JCO) that took place in 2011, such as Fireblade with Croatia, Ukraine and Moldova and Barrel, with Croatia, Turkey, Norway and Switzerland; welcomes the results of these actions and their financial impact;
Amendment 9 #
2012/2223(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on Member States to increase their capacities to respond to the obligations under the Solidarity Clause to "act jointly" and to "assist"';
Amendment 15 #
2012/2223(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to use a broad definition of disasters and attacks, also taking into account cyber terrorism, and emergencies emanating from sudden migration flows or from serious incidents happening outside the Union with a direct and substantial impact on a Member State;
Amendment 19 #
2012/2223(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Points out that all responses to a terrorist attack or a natural or man-made disaster as well as actions to prevent them must be proportionate and respect the fundamental rights of EU citizens, including the protection of their personal data;
Amendment 43 #
2012/2145(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the lessons learned from the Arab Spring events must continue, to provide impetus for the EU to review and, improve and ensure coherence between its policies on, inter alia, human rights defenders, international humanitarian law, human rights dialogues with third countries, and social media;
Amendment 55 #
2012/2145(INI)
Motion for a resolution
Recital E
Recital E
E. whereas violations of freedom of religion or belief,thought, religion, belief or political affiliation perpetrated by governments and non-state actors alike, are increasing in many countries of the world, resulting in discrimination, intolerance and violence against certain individuals, groups and religious communities, including religious minority representatives;
Amendment 97 #
2012/2145(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets that selective justice frequently manifests itself in new and transitional democracies under the guise of the rule of law and war on corruption; regrets that selective justice has become little more than a means to seek political revenge and to settle accounts with political dissenters by intimidating and marginalising opposition, media workers and human rights defenders, especially in the run-up to elections;
Amendment 128 #
2012/2145(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines, further to the Arab Spring, the importance of developing a coherent and nuanced EU policy on transitional justice, including the linkage to the ICC as a court of last resort, to help countries in transition address the past human rights violations and to, fight against impunity and avoid recurrence of human rights violations;
Amendment 139 #
2012/2145(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Emphasises, in view of principles of international humanitarian law spelled out in the 1907 Hague Regulations (arts 42-56) and the Fourth Geneva Convention (GC IV, art. 27-34 and 47-78) as well as in provisions of Additional Protocol I, the need for the EU to ensure that those partners falling under the category of occupying power, respect their duties towards the population in occupied territories; reminds that according to international humanitarian law, public health standards, provision of food and medical care to the population under occupation must be granted by the occupying power; reiterates that any transfer of civilian population of the occupying power into the occupied territory is prohibited, and that the accused of criminal offences must be provided with proceedings respecting internationally recognized judicial guarantees, such as being informed of the reason for their arrest, charged with a specific offence and given a fair trial as quickly as possible.
Amendment 167 #
2012/2145(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes the enhanced EU outreach to civil society, and emphasises the need for civil society to contribute more systematically and regularly to the human rightselaboration of human rights country strategies and assessments required for a proper implementation of the new ‘more for more’ approach in EU policy;
Amendment 174 #
2012/2145(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Remains extremely concerned at the lack of democracy, rule of law, fundamental freedoms and the respect for human rights in Belarus, the only European Neighbourhood country not to fully participate in the Eastern Partnership and the work of the Euronest Parliamentary Assembly, especially in the aftermath of the presidential elections in December 2010 and the subsequent violent crackdown on protesters and political opposition, including trials of activists 2011 which did not conform to international standards and saw disproportionately harsh sentences handed down; commends the EU's unity in response to the expulsion of EU diplomats from Belarus in February 2012; urges the Union and all of its Member States to remain coherent and consistent in their policies towards Belarus, and to keep up the pressure on the political regime, including through sanctions, while reaching out to civil society through such tools as enhanced visa facilitation and increased education, trainings and other exchange opportunities;
Amendment 177 #
2012/2145(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Urges the EU to apply the same consistent approach towards human rights abuses in all third countries, both partner countries and countries with which the EU has a less-developed relationship; insists that the EU be vocal in pointing out and condemning human rights violations whenever and wherever they occur, regardless of the level or strategic importance of partnership with the country concerned; emphasises that the EU should use financial aid and economic relations as a leverage mechanism to ensure the commitment to the universal values of human rights of all its partners;
Amendment 184 #
2012/2145(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Underlines that a longer-term approach covering the whole election cycle is required to appropriately follow up on the reports and recommendations of the EU Election Observation Missions; stresses the importance of drawing up realistic and achievable recommendations and of ensuring that these recommendations are monitored by the EU delegations; considers that Parliament's standing delegations and the joint parliamentary assemblies should also play an enhanced role in following up these recommendations and analysing progress with regard to human rights and democracy; outlines the fact that the transition to democracy, as well as the progress in promoting human rights, is requesting long-term strategies and may not be visible in short run, therefore encourages the Commission and the EEAS to deeply monitor more than one election cycle by deploying EU Election Observation Missions to countries that move from authoritarian regimes to democratic regimes or the ones that register serious democratic sideslips;
Amendment 260 #
2012/2145(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Reiterates its support for the implementation of the concept of democratic ownership in EU development cooperation, and considers the role of civil society crucial in that context; emphasises the need for all EU staff to work closely with civil society in the countries of their posting; outlines the fact that a closer cooperation with the civil society would considerably contribute to drawing up feasible and realistic human rights country strategies, tailored to the priorities of these countries;
Amendment 304 #
2012/2145(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Notes with concern that indigenous people are in particular danger of being discriminated against, and that they are especially vulnerable to political, economic and, environmental and labour- related changes and disturbances; notes that most live below the poverty threshold and have little or no access to either representation, political decision-making or justice systems; is particularly concerned about reported widespread land-grabbing, forced displacement and human rights abuses resulting from armed conflict;
Amendment 332 #
2012/2145(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Notes that in their Trio Presidency programme, Poland, Denmark and Cyprus made a commitment to actively support all initiatives relating to efforts to combat violence against women, domestic violence and female genital mutilation, in particular its cross-border aspects; reiterates the need for coherence on EU internal and external policies on these issues, and urges the Commission to make it a priority to end violence against women and girls, as well as feminicide, and, through the allocation of appropriate financial resources, to support targeted and innovative programmes both within the EU and in third countries; encourages the EU and its Member States to sign and ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence;
Amendment 1 #
2012/2131(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Supports the Migration and Mobility Dialogues and the conclusion of Mobility Partnerships on the basis of a ‘more for more’ approach, and believes that priority should be given to the European Neighbourhood and to the African continent, through the Africa European Union Strategic Partnership;
Amendment 5 #
2012/2131(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends the introduction of a standard reciprocal social security clause in Association Agreements and, with countries that are not covered by an Association Agreement, the negotiation of an EU-level uniform and reciprocal social security agreement;
Amendment 8 #
2012/2131(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that, if well managed, migration – in particular circular migration – is beneficial for the EU and can contribute to better relations with third countries by enhancing better mutual understanding and cooperation through people-to-people contacts;
Amendment 16 #
2012/2131(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that the EU should enable the European Asylum Support Office to increase cooperation with third countries in order to facilitate the implementation of the Common European Asylum System (CEAS) and to help them strengthen their asylum systems and national asylum legislation, and encourages cooperation with the UNHCR in promoting effective implementation of the Geneva Refugee Convention;
Amendment 276 #
2012/2130(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Welcomes the Commission's proposal for a permanent scoreboard on justice in all 27 EU Member States as put forward by Vice-President Reding, which shows that safeguarding the independence of the judiciary is a general concern of the EU, but calls for its enlargement to cover also criminal justice, fundamental rights, the Rule of law and democracy, as already requested by the European Parliament;
Amendment 307 #
2012/2130(INI)
Motion for a resolution
Paragraph 45 c (new)
Paragraph 45 c (new)
45c. Notes with concern repeated changes to the legal order restricting the rights of lesbian, gay, bisexual and transgender (LGBT) people, for instance by seeking to exclude same-sex couples and their children, but also other diverse forms of families, from the definition of 'family' in the Fundamental Law; stresses that this runs against recent European Court of Human Rights jurisprudence, and fuels a climate of intolerance vis-à-vis LGBT people;
Amendment 321 #
2012/2130(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Concludes – for the reasons explained above – that the systemic and general trend of repeatedly modifyingication of the constitutional and legal framework in very short time frames, and the content of such modifications, are incompatible with the values referred to in Article 2 TEU, Article 3, paragraph 1 and Article 6 TEU and deviate from the principles referred to in Article 4, paragraph 3 TEU; considers that -this constitutes a clear risk of a serious breach of the values referred to in Article 2 TEU and considers that, unless corrected in a timely and sufficient manner -, this trend will result in a clear risk of a serious breachwill lead to the existence of a serious and persistent breach by a Member State of the values referred to in Article 2 TEU;
Amendment 334 #
2012/2130(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. States that it is ready – and cCalls on the Council and Commission to also be prepared – in the event that Hungary does not implement the recommendations set out in paragraph 61, to take action under Article 7(12) TEU to determine the existence of a clear risk of a seriousserious and persistent breach by Hungary of the common values of the Union as set out in Article 2 TEU;
Amendment 359 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 3
Paragraph 60 – indent 3
– to focus not only on specific infringements of EU law to be remedied notably through Article 258 TFEU, but to draw the consequences of a systemic change of the constitutional and legal system and practice of a Member State where multiple and recurrent infringements unfortunately result in a state of legal uncertainty which not longer meets the requirements of Article 2 TEU;
Amendment 363 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 5
Paragraph 60 – indent 5
– to create – as soon as risks of violations of Article 2 TEU are identified – an ‘'Article 2 TEU/Rule of Law Alarm Agenda’' to be dealt with by the Commission with exclusive priority and urgency, coordinated at the highest political level and fully taken into account in the various EU sectoral policies until full compliance with Article 2 TEU is restored and any risks of violation thereof are defused;
Amendment 367 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 8
Paragraph 60 – indent 8
– to updateimplement its 2003 communication on Article 7 of the Treaty on European Union (COM(2003) 606) and to draw up a detailed proposal for a swift and independent monitoring mechanism and an early warning system;
Amendment 368 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 8 a (new)
Paragraph 60 – indent 8 a (new)
- to draw up a detailed proposal for a swift and independent monitoring mechanism applying to all Member States, based on objective indicators developed on Article 2 TEU; an evaluation and early warning system; a list of proportionate and progressive measures and sanctions, including freezing or withdrawal of EU funds, to be taken in cases of clear risk of a serious breach, or existence of a serious and persistent breach, by a Member State of the values referred to in Article 2 TEU;
Amendment 372 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 13
Paragraph 60 – indent 13
– to address these issues in the framework of the implementation of the Audiovisual Media Services Directive in order to improve cooperation between regulatory bodies of the Member States and the Commission, bringing forward as soon as possible a legislative proposalrevision and aimed at reviewing Article 30 of that Directivendment of the Directive and notably of its Articles 29 and 30;
Amendment 469 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 17
Paragraph 61 – indent 17
– to make sure that objective, legally binding procedures and mechanisms are in place for the selection and appointment of heads of public media, management boards, media councils and regulatory bodies, in line with the principles of independence, integrity, experience and professionalism, representation of the entire political and social spectrum, legal certainty and continuity;
Amendment 480 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – subheading 5
Paragraph 61 – subheading 5
On respect for fundamental rightrights of persons belonging to minorities
Amendment 508 #
2012/2130(INI)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Given the current institutional mechanism laid down in Article 7 TEU, reiterates the calls it made, in its resolution of 12 December 2012 on the situation of fundamental rights in the European Union (2010- 2011), for the establishment of a new mechanism (‘Copenhagen high-level group’which could take the form of a strengthened Commission-FRA monitoring, evaluation and recommendation exercise and a strengthened Commission-Council- European Parliament-Member States dialogue on measures to be taken, a 'Copenhagen high-level group', a "wise men group" as precedently foreseen by the Treaties, an Article 70 TFEU evaluation, etc) to ensure compliance by all Member States with the common values enshrined in Article 2 TEU;
Amendment 511 #
2012/2130(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
69. ReiteratBelieves that the setting- up of such a mechanism cshould fully involve the rethinking of the mandate of the European Union Agency for Fundamental Rights, which should be enhanced to include regular monitoring of Member States' compliance with Article 2 of the TEUcarry out horizontal and regular monitoring and evaluation of EU and Member States' compliance with Article 2 of the TEU; reiterates its request to review the mandate of the FRA to strengthen its competences and powers;
Amendment 521 #
2012/2130(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Instructs its committee responsible for the protection within the territory of the Union of citizens' rights, human rights and fundamental rights, and for determining clear risks of a serious breach by a Member State of the common principles, to submit a detailed proposal in the form of a report to the Conference of Presidents and to theCalls on the Council to act pursuant to Article 7(1) of the Treaty on European Union, Rule 74e of the European Parliament Rules of Procedure and on the basis of the present detailed proposal and specific report to Plenary;
Amendment 522 #
2012/2130(INI)
Motion for a resolution
Paragraph 72 a (new)
Paragraph 72 a (new)
72a. invites also Member States and the European Commission, pursuant to Article 7(1) TEU to take up their responsibilities and issue reasoned proposals for the Council in the view of the determination that there is a clear risk of a serious breach by Hungary of the values referred to in Article 2, hear the Member State in question and address recommendations to it;
Amendment 523 #
2012/2130(INI)
Motion for a resolution
Paragraph 72 b (new)
Paragraph 72 b (new)
72b. Instructs its committee responsible for the protection within the territory of the Union of citizens' rights, human rights and fundamental rights, and for determining clear risks of a serious breach by a Member State of the common principles, as well as its committee responsible for the determination of the existence of a serious and persistent breach by a Member State of the principles common to the Member States, to follow up the developments of the situation in Hungary;
Amendment 547 #
2012/2130(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
77. AskCalls the Conference of Presidents to activate the mechanism laid down inmmission and Member States to activate Article 7(12) TEU in case the replies from, shall the Hungarian authorities to the above- mentioned recommendations do not comply with the requirements of Article 2 TEUfail to comply with the requirements of Article 2 TEU and with the above mentioned concerns and recommendations;
Amendment 5 #
2012/2032(INI)
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Underlines that the principle of solidarity and responsibility sharing, which is enshrined in the Treaties, should be applied not only among EU Member States, but also between the EU and the non-EU countries;
Amendment 6 #
2012/2032(INI)
Draft opinion
Paragraph 1 – point 2 (new)
Paragraph 1 – point 2 (new)
(2) Welcomes the external dimension of the comprehensive solidarity framework between member States, as well as of the inter-agency cooperation, as it will inevitably lead, inter alia, to the increase of the protection standards for asylum seekers and the full respect of the asylum seekers’ rights;
Amendment 7 #
2012/2032(INI)
Draft opinion
Paragraph 1 – point 3 (new)
Paragraph 1 – point 3 (new)
(3) Welcomes the initiative of introducing joint processing mechanisms, which should offer added value with respect to the quality of the decision-making process, ensuring and facilitating fair, efficient and rapid procedures, therefore benefiting both asylum seekers and Member States;
Amendment 8 #
2012/2032(INI)
Draft opinion
Paragraph 1 – point 4 (new)
Paragraph 1 – point 4 (new)
(4) Notes that if joint processing is to lead to common decision-making process, then the concept of common European lists of safe third countries and safe countries of origin must replace the national lists and they must be adopted jointly by the Council and the Parliament;
Amendment 10 #
2012/2032(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the proposal for a Migration and Asylum Fund, in particular the external dimension thereof, which must dovetail with other areas of EU external action, in particular its development and external aid policies, and must as well closely cooperate with the external financial instruments, in order to ensure funding optimisation and to avoid any dublications;
Amendment 15 #
2012/2032(INI)
Draft opinion
Paragraph 3 – point 1 (new)
Paragraph 3 – point 1 (new)
(1) Calls on the Member States to adapt, taking into account the centralised information provided by the EASO, its asylum practices and procedures based on solidarity and burden-sharing principles to the international environment or crises in the third countries;
Amendment 10 #
2012/2016(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the cuts proposed by the Commission in the programmes for preventing and fighting crime and terrorism, considering the importance of this area for the EU as proven by the recent setting-up of the Special Committee on Organised Crime, Corruption and Money Laundering;
Amendment 12 #
2012/2016(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that a significant share of the available funds in the appropriate budget lines should be allocated to answer the EU's growing cybersecurity needs, making full use of possible synergies of existing programmes;
Amendment 18 #
2012/2016(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers it necessary to put into reserve: a) substantial parts of SIS II, until proof is received that the increase in funds is wholly justified, b) a part of the staff related budget until the legal proposal for the legal and technical framework for the extraction of financial transaction data on EU territory has been presented and all elements of the TFTP Agreement have been implemented according to its provisions and c) a positive reserve in the programme for Prevention of and fight against crime, in order to support actions to coordinate better the efforts on cybercrime between the different Agencies, including ENISA;
Amendment 22 #
2012/2016(BUD)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 70 #
2012/0036(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘'proceeds’' means any direct economic advantage derived from a criminal offence; it may consist of any form of property and includes any subsequent reinvestment or transformation of direct proceeds by a suspected or accused person and any valuable benefits;
Amendment 75 #
2012/0036(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘'confiscation’' means a penalty or a measure, ordered by a court following proceedings in relation to a criminal offence resulting in the final deprivation of property;
Amendment 97 #
2012/0036(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each Member State shall adopt the necessary measures to enable it to confiscate, either wholly or in part, property belonging to a person convicted of a criminal offence where, based on specific facts, a court finds it substantially more probablend after full utilization of all evidence, a court is convinced that the property in question has been derived by the convicted person from similar criminal activities than from other activities.
Amendment 102 #
2012/0036(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Each Member State shall take the necessary measures to enable it to confiscate proceeds and instrumentalities without a criminal conviction, following proceedings which couldif a court, based on specific facts and after full utilization of all evidence, is convinced that following proceedings would have led to a criminal conviction, if the suspected or accused person had been able to stand trial, have led to a criminal conviction, where:
Amendment 142 #
2012/0036(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Each Member State shall take the necessary measures to ensure that reasons are given for any decision to freeze property, that the decision is communicated to the person affected as soon as possible after its execution and that it remains in force only for as long as it is necessary to preserve the property with a view to future confiscation. Each Member State shall provide for the effective possibility to appeal against the decision to freeze by the persons whose property is affected before a court at any time before a decision on confiscation is taken. Frozen property which is not subsequently confiscated shall be returned immediately to its legitimate owner who preserves the right to an effective remedy if his / her property has been altered by the freezing measure.
Amendment 143 #
2012/0036(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Each Member State shall take the necessary measures to ensure that reasons are given for any decision to confiscate and that the decision is communicated immediately to the person affected. Each Member State shall provide for the effective possibility to appeal against the decision to confiscate before a court by the persons whose property is affected.
Amendment 152 #
2012/0036(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Where the person whose property is affected is a third party, the person or the person's lawyer shall be informed immediately of the proceedings that can lead to a decision to confiscate that property and shall be allowed to participate in those proceedings to the extent necessary to effectively preserve the person's rights. That person shall have at least the right to be heard, the right to ask questions and the right to provide evidence before a final decision on confiscation is taken.
Amendment 155 #
2012/0036(COD)
Proposal for a directive
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
Amendment 157 #
2012/0036(COD)
Proposal for a directive
Article 8 – paragraph 6 c (new)
Article 8 – paragraph 6 c (new)
6c. If the court comes to the conclusion that confiscation would lead to the destruction of livelihood of the concerned person, the confiscation ought to be omitted in parts or completely in consideration of the principle of proportionality.
Amendment 158 #
2012/0036(COD)
Proposal for a directive
Article 8 – paragraph 6 b (new)
Article 8 – paragraph 6 b (new)
6b. Each Member State shall take the necessary actions in order to ensure that confiscation does not endanger the injured persons' rights and titles against the accused resulting from his criminal action.
Amendment 159 #
2012/0036(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Each Member State shall take the necessary measures to make it possible to determine the precise extent of the property to be confiscated following a final conviction for a criminal offence or following proceedings as foreseen in Article 5, that has resulted in a decision to confiscate, and to allow further measures to be taken to the extent necessary to effectively execute that decision to confiscate.
Amendment 17 #
2011/2286(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores theExpresses its concern about the lack of rigour on the implementation of the established eligibility criteria; takes note on Commission proposal on the DCI, which withdraws access to bilateral programmes from eleven LAC MICs; recalls that thsome countries of Latin America are among the most unequal in the world in terms of per capita income and that persistent inequality occurs in a context of low socio-economic mobility; stresses that they are a group of very heterogeneous countries and differentiated cooperation should therefore be maintained, based on coordination and political dialogue;
Amendment 21 #
2011/2286(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 28 #
2011/2286(INI)
Motion for a resolution
Paragraph 10 – indent 1
Paragraph 10 – indent 1
– an explicit link between the objectives and the sectoral concentration of bilateral aid in order to strengthen social cohesion, especially through the co-financing of active policies and programmes to reduce inequality in terms of income and opportunities, as well as other more advanced programmes supporting competitiveness and promoting sustainable development, including the promotion of technological and scientific cooperation and innovation, as well as technical assistance, priority access to thematic programmes, moves towards reimbursable aid and scholarship programmes;
Amendment 55 #
2011/2286(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that the Association Agreements and the Multiparty Trade Agreements are a powerful incentive in regional integration; argues that the lack of coherence between policies jeopardises this process;
Amendment 61 #
2011/2286(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that civil society plays a centraln important role in the consolidation of democracy and the shaping, implementation and scrutiny of development policies in Latin America; deplores the scant importance given to civil society in current cooperation programmes and the low level of resources allocated;
Amendment 67 #
2011/2286(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Expresses its concern at the social impact of the high levels of crime and violence in the region, in particular femicide; considers it necessary to define a strategy that will tackle its economic, social and political causes;
Amendment 107 #
2011/2286(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the definition of a new cooperation policy must take account of the specific priorities and needs of each country and the EU must collaborate with the Middle Income Call Latin American countries (MICs) when leading the fight against poverty and for development at the regional and global level;
Amendment 141 #
2011/2286(INI)
Motion for a resolution
Recital I
Recital I
I. whereas some of the countries in Latin America isare among the most violent regions ofin the world, and criminality associated with phenomena such as drug trafficking and organised crime continues to be a serious problem in the region, posing a threat to its development;
Amendment 1 #
2011/2246(INI)
Motion for a resolution
Citation 2
Citation 2
– having regard to Article 10 of the European Convention on Human Rights, the case-law of the European Court of Human Rights, the declarations, recommendations and resolutions of the Councilmmittee of Ministers and Parliamentary Assembly of the Council of Europe, and the documents of the Venice Commission and Commissioner for Human Rights on freedom of expression, of information and of the media,
Amendment 3 #
2011/2246(INI)
Motion for a resolution
Citation 4
Citation 4
– having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)1 ,and to the First report from the Commission on the application of the directive1a, __________________ 1a COM (2012) 203 final, 4.5.2012
Amendment 5 #
2011/2246(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the European Charter on Freedom of the Press1a __________________ 1a http://www.pressfreedom.eu/en/index.ph p
Amendment 6 #
2011/2246(INI)
Motion for a resolution
Citation 7
Citation 7
– having regard to its resolutions of 20 November 2002 on media concentration2 , of 4 September 2003 on the situation as regards fundamental rights in the European Union (2002)3 , of 4 September 2003 on Television without Frontiers4 , of 6 September 2005 on the application of Articles 4 and 5 of Directive 89/552/EEC (‘Television without Frontiers’), as amended by Directive 97/36/EC, for the period 2001-20025 , of 22 April 2004 on the risks of violation, in the EU and especially in Italy, of freedom of expression and information (Article 11(2) of the Charter of Fundamental6 , of 25 September 2008 on concentration and pluralism in the media in the European Union7 , and of 10 March 2011 on media law in Hungary8 ,of 25 November 2010 on public service broadcasting in the digital era: the future of the dual system7a and of 10 March 2011 on media law in Hungary8, __________________ 7a Texts adopted P7_TA(2010)0438.
Amendment 11 #
2011/2246(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the Protocol on the system of public broadcasting in the Member States annexed to the TEU8a, __________________ 8a Protocol on the system of public broadcasting in the Member States (OJ C 83, 30.3.2010, p. 312) known as the Protocol of Amsterdam.
Amendment 39 #
2011/2246(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas media freedom is a qualifying criteria for accession of candidate countries to the EU on the basis of the Copenhagen criteria and one of the principles the EU promotes in its foreign policy and whereas the EU and its Member States should consequently lead by example internally, hereby ensuring credibility and coherence;
Amendment 49 #
2011/2246(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the EU has competences in media-related fields such as the internal market, audiovisual policy, competition, telecommunications, State subsidies, public service obligincluding State subsidies, telecommunications and fundamental rights; whereas Parliament has stated that, on this basis, minimum essential standards should be defined in order to ensure, guarantee and promote freedom of information and an adequate level of media pluralism and independent media governance13 ; whereas the Commission has entrusted the Centre for Media Pluralism and Media Freedom of the European University Institute to conduct an analysis on the scope of EU competences in the field of media freedom;
Amendment 52 #
2011/2246(INI)
Motion for a resolution
Recital L
Recital L
L. whereas concerns arise in relation to the challenges facing the media, notably public service broadcasters in terms of editorial independence, staff recruitment, pluralism, neutrality and quality of information, access and funding, caused by undue political and financial interference, as well as the economic crisis;
Amendment 96 #
2011/2246(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that Protocol 29 to the Treaties recognises that the system of public broadcasting in the Member States is directly related to the democratic, social and cultural needs of each society and to the need to preserve media pluralism and consequently foresees that Member States can fund public service broadcasting only insoar as this is provided for the fulfilment of the public service remit and without affecting trading conditions and competition in the Union to an extent which would be contrary to the common interest;
Amendment 113 #
2011/2246(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that media ownership and management should be transparent and not concentrated; calls on the Commission and the Member States to ensure competition so as to address and prevent dominant positions and guarantee the access of new entrants on the market; calls for rules to ensure that conflicts of interest are properly addressed and resolved; highlightscalls for the effective implementation of rules to ensure transparent and fair procedures for State advertising allocation so to guarantee that advertising and sponsoring maydo not cause interference with the editorial line of media;
Amendment 131 #
2011/2246(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of ensuring the independence of journalists, both from internal pressures from editors or owners and externally from political or economic lobbies or other interest groups; highlights the fact that the right of access to documents and information is fundamental andfor journalists and citizens; calls for the full protection of the confidentiality of sources principle and for the strict application of the European Court of Human Rights case-law in this area, including in relation to whistle-blowing; calls on all EU Member States to decriminalize defamation; calls for journalists to be protected from intimidation, harassment, threats and violence, as investigative journalists are often threatened as a result of their activities; furthermore underlines that such pressure has a chilling effect on free expression that leads to self-censorship among media; highlights the need to support and promote investigative journalism and to promote ethical journalism in the media by developing professional standards and appropriate redress procedures; notably through professional training;
Amendment 136 #
2011/2246(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on Member States to adopt legislation as to prevent the infiltration of newsrooms by intelligence officers since such practices highly endanger freedom of expression as they allow for the surveillance of newsrooms and generate a climate of distrust, hamper the gathering of information and threaten the confidentiality of sources and ultimately attempt to misinform and manipulate the public, as well as damage the credibility of media;
Amendment 141 #
2011/2246(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Supports the practical, bottom-up efforts initiated by European journalists to defend their fundamental rights by instituting a drop-in centre to document alleged violations of those rights (in line with the pilot project (Amendment No 1225) which was adopted by the plenary as part of Parliament's position on the 2013 budget on 23 October 2012);
Amendment 166 #
2011/2246(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that the EU has competences to take legislative measures to guarantee, protect and promote freedom of expression and of information, media freedom and pluralism, at least as much as it has in relation to the protection of minors and of human dignity, cultural diversity, citizens' access to information about and/or the coverage of important events, promoting the rights of persons with disabilities, consumer protection in relation to commercial communications, the right to reply, which are general interests covered by the AVMSD; at the same time, believes that any regulation should be done on the basis of a detailed and careful analysis of the situation in the EU and in its Member States, of the problems to be solved and the best ways to address them; believes that non-legislative initiatives, such as monitoring, self- regulation, codes of conduct, as well as the activation of article 7 TEU when appropriate, shall be better pursued at this stage, as requested by most stakeholders, bearing in mind that some of the most striking threats to media freedom in some Member States come from newly adopted legislation;
Amendment 172 #
2011/2246(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to review the Audiovisual Media Services Directive (AVMSD) and evaluate extending its scope to minimum standards for the respect, protection and promotion of the fundamental right to freedom of expression and information, media freedom and pluralism, and implement the related EU and ECHR jurisprudence, as the directive objective is to create an area without internal frontiers for audiovisual media services whilst ensuring at the same time a high level of protection of objectives of general interest, as the jurisprudence has spelled out the authorities' " positive obligation to put in place an appropriate legislative and administrative framework to guarantee effective pluralism"14a; consequently calls the Commission to institutionalise EU- level cooperation and coordination on the media, for instance by establishing a European regulators' group for audiovisual media services, and to harmonise the status of the national regulatory authorities provided for in Articles 29 and 30 of the Audiovisual Media Services Directive (AVMSD), ensuringVMSD, ensuring - as it happens for and on the basis of the model of regulatory authorities in the framework of electronic communications - that they are independent, impartial and transparent as regards their decision-making processes, the exercise of their powers and the monitoring process, effectively funded to carry out their activities and that they have appropriate sanctioning powers to ensure that their decisions are implemented; calls on Member States to immediately proceed with reforms to achieve these objectives; __________________ 14a ECHR, Centro Europa 7, 7 June 2012, par. 134.
Amendment 181 #
2011/2246(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission, the Council and the Member States to take appropriate and timely, proportionate and progressive measures where concerns arise in relation to freedom of expression, information, media freedom and pluralism in the EU and in its Member States;
Amendment 189 #
2011/2246(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission and the Member States to ensure transparency in media ownership and to ascertain whether public funds are used efficientlydestined by Member States in relation to the public service media are used in strict accordance with Protocol 29 to the Treaties;
Amendment 193 #
2011/2246(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Expresses concern at the lack of transparency in media ownership in Europe and consequently calls on the Commission and the Member States to take initiatives to ensure transparency in media ownership and management, notably by requiring broadcast, print and similar media to submit to national media authorities, company registers and the public sufficient ownership information to allow identification of the beneficial and ultimate owners of media outlets, for instance by further developing the Mavise database;
Amendment 195 #
2011/2246(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the EU and Member States to ensure that freedom of expression is fully respected on the Internet in relation to the provision and circulation of information and warns against efforts by authorities to require registrations or authorisations, or curb content allegedly harmful by them;
Amendment 197 #
2011/2246(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Underlines that according to the European Court of Human Rights jurisprudence, authorities have positive obligations under Article 10 ECHR to protect freedom of expression as one of the preconditions for a functioning democracy, as "genuine effective exercise of certain freedoms foes not depend merely on the State's duty not to interfere, but may require positive measures of protection";
Amendment 8 #
2011/2191(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the accession process has significantly contributed to Croatia’s transformation into a solid and mature democracy based on European values; whereas the prospect of accession acts as a powerful catalyst for reform by mobilising the various actors in political, economic, social and cultural life; whereas reform efforts also need to be sustained beyond the completion of the negotiations and accession in order for the country and its citizens to fully benefit fromenjoy their rights and fulfil their obligations in the scope of Croatia’s EU membership;
Amendment 12 #
2011/2191(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Croatian membership will make the EU stronger, enrich its European culture and heritage and make an important contribution to maintaining the credibility of the enlargement process, while, at the same time, being a good example of how the conscientious implementation of all commitments taken can lead to the achievement of all predefined goals;
Amendment 20 #
2011/2191(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Croatia’s successful accession would have wider regional implications and give positive impetus to the process of European integration in the Western Balkan region; whereas the prospect of EU membership is a powerful incentive for candidate and potential candidate countries in the region on the path to European integration to pursue the necessary political, economic and legislative reforms and the strengthening of peace, stability and reconciliation based on good- neighbourly relations; whereas the EU should reinforce the European perspective for Croatia’s neighbouring countries and constantly encourage these countries to fulfil their obligations on their own route towards full EU membership;
Amendment 24 #
2011/2191(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the conclusion of the accession negotiations with Croatia, bringing to an end almost six years of negotiations and several years of preparations that have significantly altered the country’s socio-political, economic and cultural landscape; stresses the need to keep up the reform momentum and considers that this process is not complete but should continue with the same vigour and hard work after the conclusion of negotiations and beyond accession; expresses its strong confidence in the positive results of this process which will strengthen the support and trust of Croatia’s citizens in EU membership;
Amendment 26 #
2011/2191(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Strongly believes that the conclusion of the accession negotiations is proof of the credibility of the EU’s enlargement process; underlines that the progress on the road to membership reflects the fact that accession prospects continue to promote political and economic reforms and that European integration serves as a means of reconciling countries even beyond EU borders;
Amendment 29 #
2011/2191(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to closely monitor further preparations for accession with rigour and objectivity and to help the Croatian authorities fulfil their commitments and obligations entered into in the negotiations; is of the view that the pre-accession monitoring mechanism is a way to provide Croatia with additional support in its continued reform efforts;
Amendment 33 #
2011/2191(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the need to focus in particular on commitments undertaken in the area of the judiciary, fundamental rights, freedom and security, including the protection of freedom of the media as one of the crucial instruments of democracy, as well as the continued implementation of judicial reform and efficiency, impartial handling of war crimes cases, the fight against corruption, border management, police cooperation, the fight against organised crime, judicial cooperation in civil and criminal matters, as well as on commitments in the area of competition policy with a view to the restructuring of the shipbuilding and steel industries;
Amendment 35 #
2011/2191(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the need to focus in particular on commitments undertaken in the area of the judiciary, fundamental rights, freedom and security, including the continued implementation of judicial reform and efficiency, impartial handling of war crimes cases, the fight against corruption, border management, police cooperation, the fight against organised crime, judicial cooperation in civil and criminal matters, as well as on commitments in the area of competition policy with a view to the adequate and efficient restructuring of the shipbuilding and steel industries;
Amendment 49 #
2011/2191(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers it one of the highest priorities to combat corruption, particularly high- level corruption, corruption at every level of the judiciary, law-enforcement agencies and the public administration, as well as large-scale corruption, which must be pursued with determination at all levels, by rigorous enforcement of the law and successful prosecutions; calls on the Croatian authorities to further strengthen the administrative capacities of anti- corruption bodies by following EU best practice and foster a culture of political accountability;
Amendment 50 #
2011/2191(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers it one of the highest priorities to combat corruption, particularly high- level corruption, corruption at every level of the judiciary, law-enforcement agencies and the public administration, as well as large-scale corruption, which must be pursued with determination at all levels, by rigorous enforcement of the law and successful prosecutions; calls on the Croatian authorities to further strengthen the administrative capacities of anti- corruption bodies and foster a culture of political accountability as a prerequisite for building and strengthening the rule of law;
Amendment 72 #
2011/2191(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages the Croatian authorities to continue their efforts to combat discrimination and to enforce the anti- discrimination legislation as well as to address resolutely cases of hate crimes, racial threats and intolerance against sexual minorities; further invites Croatia to continue to act in the spirit of tolerance and take appropriate measures tofor the protection of those who may still be subject to threats or acts of intimidation;
Amendment 104 #
2011/2191(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for progress in the resolution of outstanding bilateral issues with some neighbouring countries, in particular aswith Serbia, mainly regardsing border demarcation, missing persons, property restitution and refugees, and strongly believes that open issues of a bilateral nature must not halt the process of EU accession of candidate and potential candidate countries in the Western Balkans;
Amendment 4 #
2011/2185(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the UN Declaration on Human Rights Defenders, the activities of the Special Representatives of the UN Secretary General on the Situation of Human Rights Defenders as well as the EU guidelines on Human Rights Defenders,
Amendment 6 #
2011/2185(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the EU Guidelines on the protection of the rights of the child and the guidelines on children and armed conflict, as well as many previous European Parliament resolutions touching on these issues,
Amendment 19 #
2011/2185(INI)
Motion for a resolution
Recital C
Recital C
C. whereas democracy is, justice and accountability are the best safeguard of human rights, tolerance and equality;
Amendment 25 #
2011/2185(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas non-governmental organisations are essential to the development and success of democratic societies and the promotion of mutual understanding and tolerance;
Amendment 96 #
2011/2185(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the mainstreaming of international justice must include systematically taking account of the fight against impunity in the broader context of trade, development and rule-of-law assistance; stresses that victims and affected communities must be the central concern, with a special focus on vulnerable groups, including women, children, young people and people with disabilities; recommends that the Rome Statute of the ICC be added to the package of international treaties on good governance and the rule of law to be ratified by third countries admitted to the System of Generalised Preferences Plus (GSP+); recommends the consistent inclusion of ICC clauses in EU agreements with third countries;
Amendment 123 #
2011/2185(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Recognises the critical role of the Rome Statute system in the fight against impunity through its promotion of the principle of complementarity, whereby States retain the primary responsibility to investigate and, where appropriate, prosecute those accused of committing crimes under international law; welcomes the efforts of the European Commission to establish an "EU Complementarity Toolkit"; welcomes the efforts of EU Member States' civil society to support complementarity efforts in countries where crimes under international law and massive human rights violations have occurred, and encourages such efforts to continue;
Amendment 180 #
2011/2185(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38 a. Considers that since the "Arab Spring" began, in-country NGOs and organised citizens are playing a critical role in mobilising people and promoting their participation in public life both conducting education and awareness- raising campaigns aimed at informing people of their rights and empowering them to understand and embrace democracy; stresses that, in order to reinforce these processes, priorities on the political agenda for future reforms will need to stem from participatory consultations with in-country NGOs and civil rights advocates;
Amendment 208 #
2011/2185(INI)
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51 a. Calls on all Member States to actively intervene on the issue of the human rights of detainees and the overpopulation of prisons in and outside the European Union;
Amendment 239 #
2011/2185(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Strongly condemns female genital mutilation (FGM) as a barbarian breach of the bodily integrity of women and girls; firmly rejects any reference to cultural, traditional or religious practice as a mitigating factor; urges the Commission to pay specific attention to such traditional harmful practices in its strategy to combat violence against womenflagrant violation of the fundamental human right to physical integrity, which must be combated with legislation banning the practice; congratulates African Heads of State for their adoption, at the African Union Summit of July 2011, of a Decision in support of a United Nations General Assembly (UNGA) Resolution banning FGM worldwide, as a demonstration of the highest degree of political will and commitment to extend all efforts to bring an end to the practice; urges the 66th Session of the UNGA to adopt a Resolution that fulfils these aspirations; emphasizes the need for the Commission to provide the means necessary to support the adoption and effective implementation both within and outside the EU of an international ban and of national laws aimed at the elimination of FGM, including outreach to ensure knowledge of the law, mechanisms to facilitate reporting and prevention, prosecution of presumed offenders, assistance to victims, and sufficient allocation of resources; and requests the EEAS to include this issue in the development and implementation of the human rights country strategies;
Amendment 244 #
2011/2185(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
62. CStrongly condemns forced marriage, a violation of human rights as stated in article 16 of the Universal Declaration of Human Rights; calls on the Council to include the issue of ‘forced marriages’ in the EU guidelines on violence against women and girls; encourages the Commission and the Council to develop data-gathering methods and indicators on this phenomenon, and encourages the EEAS to include this issue in the development and implementation of the human rights country strategies; requests that Member States consider a adopt and enforce legislation banning forced marriage and develop a common definition, the establishment of national action plans, and the exchange of good practices;.
Amendment 272 #
2011/2185(INI)
Motion for a resolution
Paragraph 66
Paragraph 66
66. Calls on the EU to encourage governments of developing countries to commit to land reform where relevant in order to secure the land titles of indigenous peoplefarmers, nomadic populations and small and medium-scale farmers, especially women, and to prevent land-grabbing practices by corporations; stresses that it ise necessarity to protect the land, tenancy and land use rights of small local farmers and the access of local communities to natural resources, in order to prevent further land takeovers; urges the EU to assert the right of access to natural resources, in particular for native and indigenous peoples, in the negotiation of trade agreements; encourages all Member States to follow the example of Denmark, the Netherlands and Spain and ratify ILO Convention 169 on Indigenous and Tribal peoples, in order to show their determination to provide them with tangible protection; supports current and on-going campaigns for the ratification and implementation of ILO Convention 169 by non-signatory states, particularly as a means of strengthening the rights of indigenous peoples, upholding the values of ILO Convention 169 and demonstrating the European Union's commitment to multilateralism and the United Nations;
Amendment 280 #
2011/2185(INI)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Draws attention to the serious problem that exists in several countries in sub- Saharan Africa of children being accused of witchcraft, resulting in grave consequences ranging from social exclusion to infanticide, and to the ritual murder of children as sacrifices; notes that the State has a responsibility to protect children from abuse and, consequently, urges the EEAS to pay particular attention to the fate of these children in the human rights dialogues with the governments of the countries concerned and in the programming of the external financial instruments;
Amendment 283 #
2011/2185(INI)
Motion for a resolution
Paragraph 67 a (new)
Paragraph 67 a (new)
67 a. Notes that the Internet, including social media has become one of the most important vehicles through which individuals exercise their right to freedom of opinion and expression, and that it has played a crucial role in promoting human rights, democratic participation, accountability, transparency and economic development, as well as the positive role it has played in promoting and supporting the revolutions of the Arab Spring;
Amendment 1 #
2011/2182(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that EU citizenship is the fundamental status of Member States' nationals; underlines the close link between the rights inherent to EU citizenship and those enshrined in the Charter of Fundamental Rights applicable to all persons on EU territory; calls on the EU institutions and Member States to align the rights of third-country nationals permanently residing in EU with the rights of EU citizensat the fundamental rights and personal freedoms enshrined in the Charter of Fundamental Rights and the Treaties as regard to EU citizenship are directly applicable and inherent to all persons on EU territory including third- country nationals permanently residing in EU with the rights of EU citizens; urges the EU institutions and Member States to have a more proactive approach as respecting fundamental rights and personal freedoms is of the utmost importance;
Amendment 33 #
2011/2182(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned about the poor implementation of current directivand adherence to directives in force by Member States, especially the Free Movement Directive, whichsince such situation causes many problems related to free movement and other rights of EU citizens, and calls on all parties to correctly and fully transpose and implement the acquis and most importantly adhere to it;
Amendment 36 #
2011/2182(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that some categories of persons encounter discriminatory obstacles in the exercise of the right to free movement, notably LGBT persons in same-sex unions, transgender people, third country family members and Roma;
Amendment 42 #
2011/2182(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to issue clear guidelines and bring infringement proceedings against those Member States that violate articles 2 and 3 of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States by denying same-sex spouses, same-sex and different-sex registered partners, or same-sex and different-sex partners in a durable and attested relationship and their families the right to free movement and residence, or the facilitation thereof, calls on the Commission to examine the implementation of Directive 2004/38/EC fully in conjunction with Article 21 of the Charter of Fundamental Rights, and initiate infringement proceedings against Member States that discriminate against persons in same-sex unions, transgender people, third-country family members and Roma;
Amendment 44 #
2011/2182(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls the Commission to come up urgently with an ambitious proposal on the full mutual recognition of the effects of civil status documents across the EU so as to finally overcome the legal and administrative obstacles citizens face when moving in the EU, including same- sex spouses, different-sex and same-sex registered partners, or same-sex and different-sex partners in a durable attested relationship and their families, including their children;
Amendment 47 #
2011/2182(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Regrets that citizens of Roma origin are often targeted by Member States for expulsion, in violation of the Free Movement Directive and of the Race Directive, and subjected to collective expulsion procedures, such as in the case of France in 2010; underlines that Roma integration and inclusion is still pending issue in the EU agenda and in this regard calls on the Commission to urge Member States to treat Roma minorities equally and deepen their efforts in the areas of unemployment, housing health, education, free movement, anti- discrimination and fundamental rights; urges the Member States especially to focus on social inclusion of the Roma children;
Amendment 50 #
2011/2182(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that, gGiven the low number of EU citizens resident in a Member State other than their own who exercise their right to vote or stand as candidate in either European or local elections in their place of residence, the Commission andakes the view that the Commission should call the Member States shouldto promote such participation by various means including by ensuring that membership of political parties is allowed to all EU citizens and by launching a special informational campaign targeting those EU citizens resident in a Member State other than their own;
Amendment 53 #
2011/2182(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets that a large number of EU citizens resident in a Member State other than their own are not fully and effectively informed about their rights; calls on the Commission to urge the Member States to focus their efforts in enhancing their information systems especially in areas EU citizens initially encounter problems, denial or restriction of their EU rights such as residence, work, social rights, health, marital status, consumer rights;
Amendment 56 #
2011/2182(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission, the Council and Member States to make the most of the upcoming European Year of Citizenship 2013 so to ensure that information campaigns on European citizenship and the rights connected to it are carried out and calls on the Commission to strengthen its activity of monitoring and support to citizens in facing violations of citizens' rights and overcoming them so to ensure that the European Year allows for concrete progress in citizens' lives;
Amendment 57 #
2011/2182(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Regrets that the administrative procedures in some Member States are too time consuming and thus sometimes are equal to a denial of EU citizen's rights; calls on the Commission to be more proactive on infringement procedures in this area ;
Amendment 66 #
2011/2182(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes with regret that the Commission has not been very activesufficiently active and transparent in addressing infringements related to citizens' rights; and consequently calls on the Commission to behave more proactively;strengthen monitoring, reporting and supporting citizens when they face citizens' rights violations, as well as finding solutions to overcome them, including by launching infringement proceedings, in its role of guardian of the Treaties
Amendment 73 #
2011/2182(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to make a comparative study on European citizenship, national citizenship, electoral rights to identify differences, divergences and gaps that could impact unfairly or disproportionately certain categories of persons in the EU (stateless persons, EU and non-EU citizens, Roma, etc) and accompany it with appropriate recommendations to overcome discriminations that are contrary to the values of the EU;
Amendment 6 #
2011/2157(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers it essential that the EU fulfil, through its revised neighbourhood policy, the aspirations of those who fought for democracy and human rights, including the right to mobilityby providing not only humanitarian support but also assistance for political and economic reforms;
Amendment 21 #
2011/2157(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Council and the Commission to set up a structured dialogue with third country authorities in order to develop a win-win approach to mobility and progress towards visa liberalisation beyond a visa facilitation only for targeted groups; and to evaluate the existing mobility partnerships, particularly the interdependence between development aid, regular migration and irregular migration as defined in the Global Approach to Migration;
Amendment 24 #
2011/2157(INI)
Motion for a resolution
Recital A
Recital A
A. whereas respect for and promotion of democracy and human rights – particularly women’s rights and minorities’ rights – justice and the rule of law, fundamental freedoms – including freedom of speech, conscience, religion, association and the media –, strengthening of security, democratic stability, prosperity, the fair distribution of income, wealth and opportunities, the fight against corruption and the promotion of good governance are founding principles and aims of the EU which must constitute common values at the core of the ENP review,
Amendment 34 #
2011/2157(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 42 #
2011/2157(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to favour the channellingcilitate the accessibility of EU funds to projects aimed at protecting migrants' rights; supports the EC Thematic Programme "Cooperation with Third Countries in the areas of Migration and Asylum" - 2011-2013 Multi-Annual Strategy Paper;
Amendment 53 #
2011/2157(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Strongly supports the partnership with societies approach and thus calls on the Commission and the Vice-President/High Representative to develop mechanisms to ensure its full application, in particular by setting up a monitoring mechanism involving civil society in the definition of objectives and benchmarks and in the implementation and monitoring of all agreements with partnersapply it to the full by involving and consulting civil society; by maintaining a transparent dialogue on JHA matters with democratically elected authorities and national parliaments; and by increasing the democratic scrutiny of the EP in all mechanisms and dialogues on migration;
Amendment 62 #
2011/2157(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Council to urgently address the refugee crisis by conducting an enquiry into the shipwrecks of boat people, providing the EP with a detailed report on the Frontex Hermes operation, condemning the agreement concluded between the Italian authorities and the Transitional National Council of Libya, providing support to Egypt, Tunisia, Turkey and Lebanon, in particular by exploring the possibility of setting up a humanitarian corridor, and unblocking without delay the negotiations on the Joint EU Resettlement Programme;
Amendment 93 #
2011/2157(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the proposal for a European Endowment for Democracy, which is a timely response to the clamour for democracy by the populations of our neighbouring countries; underlines that it should be based on the principles of transparency and flexibility and should complement already-existing EU Instruments and the exemplary work of longstanding European political or non- political foundations; stresses that its scope and organisation should be clearly defined and that its structures and procedures should be light and straightforward; calls for a truly political steering committee to be established with the participation of the European Parliament, which should also be involved in the ongoing control mechanisms, in order to ensure a better supervision and due-time coordination, as well as in the ex-post control mechanisms;
Amendment 116 #
2011/2157(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the EEAS and the Commission to provide a clear methodology and detailed benchmarks to assess the democracy record of these countries and to deliver regular sufficiently detailed reports, which should be the basis for the allocation of funds under the new performance-based approach ‘more for more’; insists that these reports gather the information through continuous performance- measurement mechanisms, which would allow a degree of flexibility and adaptability of the procedural and technical aspects of the reform agenda, in order to ensure the efficiency of the resource management; asks for these reports to be presented annually to its Committee on Foreign Affairs; insists on the need to systematically include civil- society organisations at all stages of the review process;
Amendment 126 #
2011/2157(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Invites the EEAS and the Commission to elaborate a sanction mechanism in case of violations of human rights or "deep democracy" principles, based on the "less for less" approach;
Amendment 183 #
2011/2157(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. States that differentiation should be applied to trade, invites ENP partner countries to move forward on creating the conditions that will allow the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) and calls on the EU to assist them in their reform efforts and to open its internal market accordingly; underlines that the EU should also assess the political, social and environmental circumstances of each country with reference to their participation in the future DCFTA; stresses out that the trade ties, especially DCFTAs, should be, through their requirements, viewed as means to enhance the commitment towards democratic values of the ENP countries, as part of the conditionality principle;
Amendment 196 #
2011/2157(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the reference to Article 49 of the TEU and believes that all partner countries of the Eastern Partnership (EaP) have a legitimate right to strive for EU membership; believes that the conclusion of association agreements does not exclude this perspective but can, on the contrary, be an important step towards further European integration; underlines that the EU institutions should have a coherent and united response towards the EaP countries’ integration perspective;
Amendment 333 #
2011/2157(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Emphasises that the allocation of resources should be based on a limited number of clearly defined priorities, taking into account partner countries’ needs and based on clear conditionality; underlines that budget support should be used only where there are guarantees for sound budgetary management and that the full range of available tools should be used to better reflect the priorities; outlines, in this context, the need for enhanced public procurement legislation and public finances management of the ENP countries;
Amendment 17 #
2011/2111(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, with the process of consolidation of strong economic and foreign policy powers such as the BRICS, a multi-polar system has emerged, where global leadership is increasingly shared amongst several countries and regional blocks of countries; whereas such a multi- polar system entails a progressive shift in global economic power to the BRICS and other emerging economies and further entails a shift of sovereignty and controlin the international balance of power, in foreign policy terms, from existing powers to emerging powers; whereas the current economic crisis has accelerated the process of transfer of powers from existing to emerging powers;
Amendment 34 #
2011/2111(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the consolidation of the economic and political power of the BRICS and other emerging countries as the world's largest economies may not necessarily be associated with the transition from low-income economies to middle-income economies and, thereby, the emergence and consolidation of a large middle class; whereas the lack of a large middle class in such countries would mark the end of the substantial role in world affairs of countries characterised by affluent societies and a stable and moderate political orientation;
Amendment 57 #
2011/2111(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses how the current economic crisis has demonstrated the interdependence between the emerged powers and the BRICS and other emerging countries; points out that stable economic growth of the latter is clearly conditional on stable economic growth of the former; emphasises that political and economic ties between emerged and emerging economies are mutually beneficial and believes that further enhanced political understandingdialogue and coordination with the BRICS and other emerging countries should thus be pursued by the EU as a matter of priority;
Amendment 68 #
2011/2111(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that the interdependence between, on the one hand, the emerged powers and, on the other, the BRICS and other emerging powers maintains a relevant economic dimension, but is essentially political, as both the emerged and the emerging powers share an interest in ensuring an effective system of global governance and in tackling together those global stability and security risks which may curb the global growth potential; encourages the EU to develop a pragmatic approach in terms of effective multilateralism with the BRICS and other emerging powers, based on the convergence principle related to common areas of interest;
Amendment 155 #
2011/2111(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that, with a view to ensuring effective democratic scrutiny of EU policy- making towards the BRICS and other emerging countries, and in order to facilitate an enhanced interparliamentary dialogue with such countries, relevant Parliament staff should develop speciaan ad-hoc unit at the EP level should be established competence and thus have, which would function as an early warning structure, through appropriate analytical tools and monitoring capacity and be, thus being able to assist Members in having a coordinated, ex-ante reaction, as well as in promoting effective dialogue;
Amendment 28 #
2011/2069(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas respecting and promoting these values is an essential element of the European Union identity and a condition to becoming an EU member and to fully preserving the member prerogatives;
Amendment 33 #
2011/2069(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas accession by the EU to the ECHR, as required by the TEU, will allow the acts of the EU to be subject to review by the ECtHR, creating greater accountability for the EU and improving access to justice for individuals;
Amendment 36 #
2011/2069(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the effective safeguard and promotion of rights must constitute an overall objective of all EU policies, including their external dimension and whereas observing the duty to protect, promote and fulfil does not require new competences for the EU but rather proactive institutional engagement with human rights;
Amendment 39 #
2011/2069(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the EU's hitherto fragmentary approach to human rights has led to calls for a coherent EU human rights policy; whereas no mechanism bringing together the various fundamental rights actors within the EU structure currently exists;
Amendment 41 #
2011/2069(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas citizens can enjoy their rights fully only if the fundamental values and principles, such as the rule of law, the independence of judiciary, freedom of the media and the lack of discrimination are respected;
Amendment 42 #
2011/2069(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
Ce. whereas the gap between fundamental rights and their implementation undermines the credibility of the EU as well of its Member States and the effective respect and promotion of human rights, within its territory and throughout the world;
Amendment 44 #
2011/2069(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas together with Article 2 TEU, Article 7 TEU grants the EU institutions the power to assess human rights in the Member States, to politically engage with the countries concerned to prevent and redress violations;
Amendment 49 #
2011/2069(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the effective protection and the promotion of fundamental rights calls for Member States to accept in a spirit of solidarity and of sincere cooperation with the other Member states the EU scrutiny of the respect of EU values in the legislation policies and practices;
Amendment 54 #
2011/2069(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the current economic crisis challenges the principle of solidarity, which is an essential component of the EU history and identity, as well as the underlying bond bringing together the EU citizens as member of the same political community 1; __________________ 1 see notably the Charter articles on social rights as well the relevant specific Treaties articles on solidarity: art. 80 and 122 TFEU.
Amendment 58 #
2011/2069(INI)
Motion for a resolution
Subheading 1
Subheading 1
General recommendations -1. Calls on the Commission, the Council and the Member States to fully assume their responsibilities in relation to the proper and full application of the mandate and competences of the European Union in relation to fundamental rights, both on the basis of the Charter of Fundamental Rights and of the articles of the Treaties dealing with fundamental rights and citizens' rights issues, and notably Articles 2, 6, 7 TEU; believes that this is the only way to ensure that the EU equips itself - as it has done in other areas of common interest and importance, such as economic and budgetary matters - to deal with democratic, rule of law and fundamental rights crisis and tensions that are affecting the EU and its Member States; calls for the urgent strengthening of the European mechanisms to ensure that democracy, the rule of law and fundamental rights are respected in the EU;
Amendment 59 #
2011/2069(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. While welcoming steps by the Commission to ensure that legislative proposals comply with the Charter, notes that there remains considerable room for improvement, as proposals continue to emerge that fail to consider at all, or fail to consider adequately, the impact of proposed measures on fundamental rights; urges the Commission to take tangible steps towards improving the verification of its proposals with the Charter, including ensuring adequate expertise within the Commission's legal service, responsible for checking compliance of proposals with the Charter;
Amendment 67 #
2011/2069(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission – and Council, where it initiates legislation – to make systematic use of external independent expertise notably of the Fundamental Rights Agency during the preparation of impact assessments;
Amendment 68 #
2011/2069(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to draft an annual report on the situation of fundamental rights in the EU, on the basis inter alia of Articles 2 and 6 TEU and of the Charter of Fundamental Rights, instead of focusing only on the implementation of the Charter and adopting a minimalist approach; such a report should adopt a more balanced and self-critical analysis, to include not only positive developments but also an analysis of where it could strengthen its approach in the future; believes that such a report should include an analysis of the situation in the Member States, including on the basis of international organisations, NGOs, EP and citizens' concerns in relation to violations of fundamental rights, the rule of law and democracy; recalls that the Commission has a duty to conduct such activity both as guardian of the Treaties and of the Charter and on the basis of Articles 2, 6 and 7 TEU;
Amendment 76 #
2011/2069(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Council to include in its annual reports on human rights in the world an analysis of the situation in the Member States by taking also in account the measures to be taken to implement the ECtHR judgments and adapt the internal legislation and practice accordingly;
Amendment 78 #
2011/2069(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Deplores the insufficient cooperation between the Commission and Council with NGOs and civil society in pre- legislative and legislative processes and calls on the EU institutions to work closely with all relevant stakeholders;
Amendment 79 #
2011/2069(INI)
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls on the Commission and the Council to ensure that a sufficient level of funding is maintained in funding programmes dedicated to fundamental rights during the coming Multiannual Financial Framework for NGOs working at the EU level to effectively represent the views of groups in society whose voices would not otherwise be heard at the EU level, such as the elderly, those living in extreme poverty, ethnic and racial minorities, children, LGBT persons, or persons with disabilities;
Amendment 80 #
2011/2069(INI)
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Call on the Commission to revise the EU legislative acquis by taking into account the light of the rights outlined in the EU Charter; the possible tensions between economic freedoms and fundamental rights should be addressed already at legislative level and not only by the EU judiciary;
Amendment 81 #
2011/2069(INI)
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Regrets the Commission's apathy in revising the former third pillar domain (police and judicial cooperation in penal matters) in the light of the Charter; recalls its recommendation on the Stockholm Programme asking for a consistent revision of this legislation and reminds the Commission that on 1st December 2014 all that legislation adopted in a totally different constitutional framework will be applied as such in the EU and will unduly affect the rights of the individual under EU jurisdiction;
Amendment 84 #
2011/2069(INI)
Motion for a resolution
Paragraph 5 – indent 1
Paragraph 5 – indent 1
– the lack of transparency inof the Commission's dialogue with Member States when fundamental rights or the interests of European citizens are at stake; considers that such a lack of transparency with regard ton the transposition of EU law could beis contrary to the EU rules on transparency and the principle of legal certainty, is extremely prejudicial for the other EU countries, for the EU citizens ands well as for the other institutions, particular notably when social and economic rights of the citizens are at stake; welcomes the initiatives announced by the Commission to improve transparency on Member States' action or inaction in the framework of the implementation of the internal market and considers that the transparency announced for fiscal policy should be even improved when fundamental rights are at stake;
Amendment 85 #
2011/2069(INI)
Motion for a resolution
Paragraph 5 – indent 2
Paragraph 5 – indent 2
– the lack of transparency inof the EU agencies, which makes it difficult to ascertain whether or notif their actions comply with the principles of transparency, good administration, data protection and antidiscrimination, as well as of necessity and proportionality; regrets the Commission's persisting lack of interest in a legislative framework granting an open, independent and efficient administration as required by Article 41 of the Charter and by Article 298 TFEU;
Amendment 90 #
2011/2069(INI)
Motion for a resolution
Paragraph 5 – indent 2 a (new)
Paragraph 5 – indent 2 a (new)
- the lack of transparency and openness, as well as of appropriate respect, protection and promotion of fundamental rights and of democratic and parliamentary oversight, in international negotiations, which has led the EP to reject international agreements such as, inter alia, ACTA, which shall lead EU institutions and Members States to change their current practices and respect citizens' rights;
Amendment 91 #
2011/2069(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Proposes to ensure continuous channels of information sharing on fundamental rights in the EU between the relevant bodies and within the EU institutions, and EU agencies, and to hold a yearly interinstitutional forum to discuss for assessing the situation on EU fundamental rights; considers that such a forum should be a preparatory step of the EP annual debate on fundamental rights and on the development of the European area of freedom security and justice; considers that such an interinstitutional forum should convene representatives of the Commission, the Council Working Group on Fundamental Rights, Citizens Rights and Free Movement of Persons (FREMP), of the EP´s Committee of Civil Liberties, Justice and Home Affairs (LIBE) and the Committee on Petitions (PETI), the Committee on Employment and Social Affairs, the Committee on Regional Development, as well as representatives of the European Ombudsman, the Fundamental Rights Agency (FRA), EUROFOUND, and the European Data Protection Supervisor (EDPS);
Amendment 94 #
2011/2069(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for the launch of a "European fundamental rights policy cycle", detailing on a multiannual and yearly basis the objectives to be achieved and the problems to be solved; such a cycle should foresee a framework for institutions and the FRA, as well as Member States, to work together by avoiding overlaps, building on each others' reports, taking common actions and organising joint events with the participation of NGOs, citizens, national parliaments, etc.;
Amendment 96 #
2011/2069(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Urges national parliaments to enhance their role in human rights scrutiny of EU activities and national implementation of EU law and invites them to hold periodic meetings focused on the strategies to be developed to implement the Charter and the jurisprudence of the EU Courts;
Amendment 98 #
2011/2069(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the unacceptable delays and blockages in the EU's accession to the ECHR, which are mainly due to specific Member States, and urges the Commission to conclude the procedthe UK objections and urges the Commission to remind the Member State concerned of the duty of loyal cooperation to be fulfilled in international negotiations and to conclude the procedure; consequently calls the Council to act under the terms of Article 265 TFUE so that the procedures for EU accession to the ECHR are concluded at least in time for the end of this legislature;
Amendment 105 #
2011/2069(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that the Commission and the Council should create a mechanism to ensure that the EU and its Member States respect, implement and transpose the ECtHR's jurisprudence, since this is a matter of common interest and an obligation in relation to the respect of fundamental rights in the EU;
Amendment 109 #
2011/2069(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes that participation in international treaties for the protection and promotion of human rights can only serve to strengthen the protection of fundamental rights within the EU and welcomes the fact that the EU has joined the Convention on the Rights of Persons with Disabilities and will join the ECHR; calls on the Council and Commission to take steps towards becoming party to other international human rights treaties, such as the UN Convention on the Rights of the Child;
Amendment 114 #
2011/2069(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets the weak reaction of the Commission to specific violations of fundamental rights in Member States and calls on the Commission to ensure that infringement proceedings secure the effective protection of human rights, rather than aiming for negotiated settlements with Member States following a change in national legislation, notwithstanding the possible de facto continuation of rights violations;
Amendment 116 #
2011/2069(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that, in order to maintain the credibility of the accession conditions, Member States should also be continuously assessed for their continued compliance with the EU's fundamental values and the fulfilment of their commitments concerning the functioning of democratic institutions and the rule of law;
Amendment 122 #
2011/2069(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls therefore on the Commission to come up withupdate its 2003 communication (COM(2003) 606) and repeats its call to it to issue before the end of 2012 a detailed proposal for a clear cut monitoring mechanism and early warning system,, early warning system and a "freezing procedure" to ensure that Member States, at the request of EU institutions, suspend the adoption of laws when these are suspected of being in contrast with fundamental rights or the EU legal order, associating notably the national fundamental rights bodies created in compliance with the Paris principles and building on the provisions of Article 7 of thes 2, 6 and 7 TEU and Article 258 of the TFEU;
Amendment 125 #
2011/2069(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines its commitment to use its powers to act as a human rights litigant, in particular to ensure that EU acts respect, protect, promote and fulfil human rights;
Amendment 129 #
2011/2069(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls for the revision of the procedural rules of the CJEU and General Court to facilitate third-party interventions, by human rights NGOs in particular;
Amendment 131 #
2011/2069(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Calls for the setting-up of appropriate National Human Rights Institutions in all Member States and for measures facilitating the networking of these bodies across the EU with the support of the FRA; invites the EU institutions and the Member States to develop the capacity of Equality Bodies and Data Protection Bodies, of NHRIs and of FRA as human rights litigants;
Amendment 142 #
2011/2069(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points to shortcomings in the current multi-annual framework of the FRA, notably the limited number of comparative evaluation between Member States;
Amendment 143 #
2011/2069(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points out that the Paris Principles on NHRIs should be used as a model for reforming the national institutions as well the FRA and calls for the FRA Regulation to be urgently reviewed so that the remit of the FRA is enlarged and aligned following an ordinary legislative procedure by the European Parliament and by the Council to the full scope covered by Articles 2, 6 and 7 TEU and notably to the European Charter implementation by the EU Institutions Agencies offices and bodies as well to the Member State activities; considers that the independence of the FRA should be strengthened, as well as its powers and competences; considers that the FRA Scientific Committee and the FRANET network should submit to the European and national parliaments and publish annually a thematic and more focused report assessing the situation in the EU Member State, as was done until 2006 by the former Network of Experts on Fundamental Rights; calls on the FRA to fully respect Article 15 of the TFEU by making its proceedings open and by giving access to its documents via a publicly accessible register as foreseen by Regulation 1049/2001;
Amendment 145 #
2011/2069(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Considers that the FRA scientific committee should be composed of former members of the European and national constitutional Courts, appointed by designation, as follows: a third by the EP, a third by the Council and a third by the Commission; considers that it should play an independent and neutral role in the interest of the EU institutions, as is done by the Council of Europe Venice Commission;
Amendment 147 #
2011/2069(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the Commission to fully respect the independence and the competences of the FRA and to refrain from exerting undue pressures on the FRA in relation to its opinions on the Commission proposals, as happened recently in relation to the opinion on jurisdiction and applicable law for the property effects of marriages and registered partnerships;
Amendment 149 #
2011/2069(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Calls on the FRA to ensure that NGOs that do not respect fundamental rights, tolerance, equality and non- discrimination and promote intolerance and discrimination are excluded from the FRA fundamental rights platform and believes that transparency should be required in relation to the way these organizations are funded and on their activities;
Amendment 153 #
2011/2069(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Believes that the Commission should stop stating that "citizens knock at the wrong door", minimizing the competence of the EU in relation to fundamental rights and turning down requests of citizens; stresses that the Commission must take note of citizens' concerns on violation of fundamental rights, make them aware of how to exercise their right of access to justice and enforce their rights in the most appropriate, relevant or competent fora; calls on the Commission to inform those citizens contacting it in relation to fundamental rights violations of these additional or more appropriate possibilities in detail, to keep record of these indications and to report on this in full detail in its annual reports on fundamental rights in the EU and on the implementation of the Charter; underlines that citizens' correspondence is extremely relevant in revealing possible structural, systemic, serious violations of fundamental rights in the EU and its Member States and consequently relevant to ensure the real application of Articles 2, 6 and 7 TEU by the Commission; considers that informal networks, such as those successfully developed for the internal market (SOLVIT), should be established at national and regional level to assist and advise people whose rights risk being violated (such as migrants, asylum seekers, vulnerable people); considers that these support structures for rights restoration and economic and social integration should be a priority for regional funds;
Amendment 157 #
2011/2069(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on Member States to collect disaggregated data for all grounds of discrimination, as well as to develop fundamental rights indicators in cooperation with the FRA, in order to ensure properly informed and targeted legislation and policies, particularly in the field of non-discrimination and in the context of national Roma integration strategies;
Amendment 159 #
2011/2069(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the Commission to propose a review of the Framework Decision to include other forms of bias-motivated crime, including on grounds of sexual orientation, gender identity and gender expression;
Amendment 161 #
2011/2069(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Deplores the fact that not all Member States have properly transposed the Council Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law 1; calls on Member States to prosecute xenophobia, racism, and hate speech; recalls that on December 1st 2014 this framework decision will become fully enforceable as well as all the FD into force at that time; __________________ 1 OJ 2008 L 328 of 12.5.2008, p. 55.
Amendment 165 #
2011/2069(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Calls on the Member States to ensure that offences motivated by racist, xenophobic, homophobic or transphobic intent are punishable within the criminal law system, and that these crimes are investigated effectively, prosecuted and punished, that victims are offered proper assistance, protection and compensation, and that such offences are properly registered;
Amendment 170 #
2011/2069(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that the principles of human dignity and equality before the law are foundations of democratic society; deems incomprehensibleregrettable and contrary to the spirit and the letter of the Treaty the current blockage of Council negotiations on the Commission's proposal for a horizontal directive extending comprehensive protection against discrimination on all grounds, including religion or belief, disability, age or sexual orientation, and urges efforts to ensure adoption as soon as possible; calls on the Council and the Member States which are currently blocking the negotiations to make public their arguments, proposals and positions in the Council in general and notably in the competent Council Working Group so that EU citizens can better understand why no progress is made and judge in full conscience the positions of the governments, Ministers and political parties on discrimination of persons on the basis of religion or belief, disability, age or sexual orientation; calls for the launch of a European campaign and launches an appeal to NGOs, citizens, political parties and leaders, civil society, economic actors, to join together in it so to reach the adoption of the directive; consequently calls on the Council to act, on the basis of Article 265 TFUE, and to adopt the directive before the end of the year;
Amendment 186 #
2011/2069(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on Member States to protect freedom of religion or belief, including the freedom of those without a religion not to suffer discrimination as a result of excessive exemptions for religions from laws on equality and non-discrimination;
Amendment 199 #
2011/2069(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on Member States to address racial and ethnic discrimination in employment, housing, education, health, access to goods and services;
Amendment 201 #
2011/2069(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Regrets that citizens of Roma origin are subjected to collective expulsion procedures by Member States and deplores the weak reaction of the Commission in certain cases;
Amendment 211 #
2011/2069(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Urges Member States to adopt the necessary legislative changes with regard to sterilization and to financially compensate the victims of coercive sterilizations performed on Roma women and women with mental disabilities, in line with the case-law of the ECtHR;
Amendment 219 #
2011/2069(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls on the Member States to eliminate spatial segregation, forced evictions and homelessness faced by the Roma setting up effective and transparent housing policies;
Amendment 226 #
2011/2069(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Calls on the Member States to address the high levels of unemployment among the Roma by removing barriers to accessing employment;
Amendment 231 #
2011/2069(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20d. Calls on the Member States to reform their national educational systems in order to address the needs of Roma children and to dismantle segregated educational arrangements;
Amendment 235 #
2011/2069(INI)
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20e. Reiterates its call for a targeted approach to the social inclusion of Roma women in order to avoid multiple discrimination and ethnic segregation;
Amendment 237 #
Amendment 250 #
2011/2069(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the EU institutions to explore the implementation of the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in the EU legal framework;
Amendment 252 #
2011/2069(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Reiterates its position on sexual and reproductive health rights, as stated in its resolutions of 8 March 20111 and 13 March 20122 on equality between women and men in the European Union - 2010 and 2011; expresses concern in this respect about recent restrictions on access to sexual and reproductive health services in some Member States, in particular safe and legal abortion, sexuality education and funding cuts to family planning; 1 P7_TA(2011)0085 2 P7_TA(2012)0069
Amendment 253 #
2011/2069(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls on the Member States to ensure through efficient measures the protection for pregnant workers and women on maternal leave;
Amendment 255 #
2011/2069(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Urges Member States to address the issue of violence against women, domestic violence and sexual exploitation in all its forms and to combat trafficking in human beings;
Amendment 257 #
2011/2069(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Calls on the Member States to ensure that national action plans address multiple discrimination and protect women belonging to ethnic minorities and immigrant women;
Amendment 269 #
2011/2069(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on Member States to adopt the national legislative framework to address discriminations experienced by LGBT people and same-sex couples on grounds of their sexual orientation or gender identity, and urges them to guarantee effective implementation of the existing EU legal framework and CJEU case-law; 1; __________________ 1 Case C-147/08, Jürgen Römer v Freie und Hansestadt Hamburg; Case C- 267/06; Tadao Maruko v Versorgungsanstalt der deutschen Bühnen
Amendment 270 #
2011/2069(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Welcomes the Commission proposals on jurisdiction and applicable law for the property effects of marriages and registered partnerships; considers however that the choice of two different instruments 1 and of a separate approach for registered partnerships and marriages are unjustified; considers that the same choices of jurisdiction and applicable law should apply in both cases; __________________ 1 COM(2011)127 final and COM(2011)126 final.
Amendment 275 #
2011/2069(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on Member States who have adopted legislation on same-sex partnerships to recognise provisions with similar effects adopted by other Member States and calls on the Commission to issue a proposal with this aim; recalls the Member States’ obligation to fully implement Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, including for same-sex couples and their children; welcomes the fact that more and more Member States have introduced and/or adapted their laws on cohabitation, civil partnership and marriage to overcome the discriminations based on sexual orientation lived by same- sex couples and their children and calls on other Member States to introduce similar laws;
Amendment 277 #
2011/2069(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to come up with a proposal for the full mutual recognition of the effects of all civil status documents across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;
Amendment 279 #
2011/2069(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission and the Council to intervene more forcefully against homophobia, violence and discrimination based on sexual orientation, including by calling Member States’ mayors and the police to protect freedom of expression and demonstration on the occasion of LGBTI prides and by officially granting support to them; calls on the Commission to finally follow up the repeated calls by the European Parliament and NGOs and issue as a matter of urgency the EU Roadmap for equality on grounds of sexual orientation and gender identity, to be launched at the latest in 2013;
Amendment 280 #
2011/2069(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Deplores that transgender people are still considered mentally ill in a number of Member States; calls on Member States to introduce or review legal gender recognition procedures on the model of Argentina and review conditions (including forced sterilisation) set for legal gender recognition; calls on the Commission and the World Health Organisation to withdraw gender identity disorders from the list of mental and behavioural disorders and to ensure a non-pathologising reclassification in the negotiations on the 11th version of the International Classification of Diseases (ICD-11);
Amendment 282 #
2011/2069(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Welcomes the new set of asylum rules introduced in the Qualification Directive which include gender identity as a ground of persecution; maintains that the asylum package must remain coherent and include sexual orientation and gender identity in the Asylum Procedure Directive;
Amendment 284 #
2011/2069(INI)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Calls on Member States to ensure access to employment and goods and services without discrimination on grounds of gender identity, in line with EU law1; __________________ 1 Directive 206/54/EC of the European Parliament and of the Council on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast); Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services.
Amendment 285 #
2011/2069(INI)
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26e. Welcomes the launch of a FRA survey that will gather comparable data on the experience of LGBT people in the European Union and Croatia;
Amendment 286 #
2011/2069(INI)
Motion for a resolution
Paragraph 26 f (new)
Paragraph 26 f (new)
26f. Welcomes the launch of a FRA survey that will gather comparable data on the experience of LGBT people in the European Union and Croatia;
Amendment 287 #
2011/2069(INI)
Motion for a resolution
Paragraph 26 g (new)
Paragraph 26 g (new)
26g. Calls on the Commission to use the results of this survey to prepare an EU Roadmap for equality on grounds of sexual orientation and gender identity, with a view to adoption by 2014;
Amendment 288 #
2011/2069(INI)
Motion for a resolution
Paragraph 26 h (new)
Paragraph 26 h (new)
26h. Calls on Member States to ensure the effective protection of participants in LGBT public events, including pride marches, and to ensure these events can take place lawfully;
Amendment 306 #
2011/2069(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls on all the Member States to ratify the UN Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol and to ensure that all national action plans are in line with the European Disability Strategy 2010-2020 and aim at improving accessibility, employment, inclusive education and training, as well as independent living for the disabled;
Amendment 312 #
2011/2069(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30b. Calls on the EU and on the Member States to improve access to employment and training of persons with disabilities, including persons with intellectual disabilities, using existing EU funds;
Amendment 314 #
2011/2069(INI)
Motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30c. Calls on the Member States to fund organisations active in supporting the independent living of disabled people and de-institutionalisation programmes;
Amendment 316 #
2011/2069(INI)
Motion for a resolution
Paragraph 30 d (new)
Paragraph 30 d (new)
30d. Calls on the Commission and Member States to ensure that EU funds are not directed towards renovating existing or building new institutions for persons with disabilities but are used instead to facilitate community living, in accordance with Articles 5 and 19 of the CRPD and Articles 21 and 26 of the Charter;
Amendment 317 #
2011/2069(INI)
Motion for a resolution
Paragraph 30 e (new)
Paragraph 30 e (new)
30e. Stresses the need to increase the political participation of persons with disabilities in elections by accommodating their special needs;
Amendment 325 #
2011/2069(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Is concerned at the existing trends of restricting the independence of data protection authorities and welcomes the Commission vigilance; calls on Member States to comply with existing provisions and the relevant case-law1; __________________ 1 CJEU, C-518/07, Commission v. Germany, 9 March 2010.
Amendment 330 #
2011/2069(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Expresses its concern regarding the shortcomings of the Data Retention Directive highlighted by the Commission’s report, the EDPS, several national parliaments and the constitutional courts of several Member States that have declared it unconstitutional;
Amendment 333 #
2011/2069(INI)
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32c. Welcomes that under the EU- Australia PNR agreement data is collected only for the purpose of preventing, detecting, investigating and prosecuting terrorist offences or serious transnational crime, and that effective redress and protection safeguards are ensured;
Amendment 336 #
2011/2069(INI)
Motion for a resolution
Paragraph 32 d (new)
Paragraph 32 d (new)
32d. Regrets that in the EU-US PNR Agreement, the purposes for the collection of PNR data are not explicit and that data protection safeguards provided for in the agreement are not fully in line with EU standards;
Amendment 338 #
2011/2069(INI)
Motion for a resolution
Paragraph 32 e (new)
Paragraph 32 e (new)
32e. Calls on the Commission to address the concerns expressed by the EDPS, the Article 29 working party, the EESC, the FRA and by several national parliaments on the proposed directive on the European Passenger Name Record (PNR) 1 ,by limiting the scope of application to flights to and from third countries, the length of data retention and the list of data stored and by ensuring an effective evaluation of the system; __________________ 1 COM(2011) 32 final.
Amendment 340 #
2011/2069(INI)
Motion for a resolution
Paragraph 32 f (new)
Paragraph 32 f (new)
32f. Points out with concern that the first inspection performed by the Europol Joint Supervisory Body (JSB) raises serious concerns about compliance of the TFTP Agreement of the EU with the US with data protection principles;
Amendment 341 #
2011/2069(INI)
Motion for a resolution
Paragraph 32 g (new)
Paragraph 32 g (new)
32g. Stresses that a European terrorist finance tracking system 1 should be an efficient and targeted extraction system with clear access rights ensuring the termination of the current transfers of bulk data to the US as soon as possible; __________________ 1 COM (2011) 429 final.
Amendment 354 #
2011/2069(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Welcomes the improvements in the revised Qualification Directive 1 , notably a greater acknowledgment of gender- specific forms of persecution, the inclusion of gender identity as a ground of persecution for which protection should be granted, and the commitment to take the best interest of the child into account; __________________ 1 OJ L 337, 20.12.2011, p.9.
Amendment 355 #
2011/2069(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35b. Urges Member States to implement the Qualification Directive in a manner which ensures full consistency with international human rights law and calls on the Member States that wish to do so to go beyond the minimum level of benefits and rights ensured by the text;
Amendment 356 #
2011/2069(INI)
Motion for a resolution
Paragraph 35 c (new)
Paragraph 35 c (new)
35c. Stresses that the broadened scope of the Directive on Long-term Residents 1 to refugees and beneficiaries of subsidiary protection, will contribute to their effective integration that carries benefits for the EU and the Member States; __________________ 1 OJ L 132, 19.5.2011, p. 1
Amendment 357 #
2011/2069(INI)
Motion for a resolution
Paragraph 35 d (new)
Paragraph 35 d (new)
35d. Welcomes the revised Commission proposal recasting the Reception Conditions Directive 1 and stresses that basic reception conditions should be offered from the moment asylum seekers arrive and that they should be encouraged to contribute to the host community, irrespective of the length of their stay; __________________ 1 COM(2011) 320 final.
Amendment 358 #
2011/2069(INI)
Motion for a resolution
Paragraph 35 e (new)
Paragraph 35 e (new)
35e. Stresses that gaps and ambiguities in the amended proposal of a Directive on common procedures for granting and withdrawing international protection status 1 must be addressed in a manner which can enable Member States to avoid the risk of increased costs and potential misuse, while ensuring access to fair and high quality asylum decisions for those in need of protection; __________________ 1 COM (2011) 319 final.
Amendment 359 #
2011/2069(INI)
Motion for a resolution
Paragraph 35 f (new)
Paragraph 35 f (new)
35f. Recommends the setting up of asylum expert teams assisting states with insufficient asylum infrastructures; takes the view that the existence of minimum standards and of quality assessment mechanisms can raise the quality of asylum decision-making;
Amendment 360 #
2011/2069(INI)
Motion for a resolution
Paragraph 35 g (new)
Paragraph 35 g (new)
35g. Emphasises that asylum-seekers do not enjoy equivalent levels of procedural and substantive protection in all Member States due to inadequate transposition of EC law or to differing approaches to implementation;
Amendment 361 #
2011/2069(INI)
Motion for a resolution
Paragraph 35 h (new)
Paragraph 35 h (new)
35h. Expresses concern at the current Dublin system’s impact on the legal rights of asylum-seekers, including their right to have their claim to asylum examined fairly and, where recognized, to effective protection, as well as at the uneven distribution of asylum claims among Member States;
Amendment 362 #
2011/2069(INI)
Motion for a resolution
Paragraph 35 i (new)
Paragraph 35 i (new)
35i. Stresses the need for completing negotiations on an effective mechanism for suspending transfers under the Dublin II Regulation to Member States where there is a risk of a violation of their fundamental rights, in line with recent ECtHR 1 and CJEU case-law 2; __________________ 1 In the case of M.S.S. v. Belgium and Greece the ECtHR condemned Greece and Belgium for violation of Articles 3 and 13 of the ECHR. 2 Joint Cases: NS/Secretary of State for the Home Department (England and Wales - C-411/10) and M. E. e. a./Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform (Ireland - C-493/10), judgement of 21 December.
Amendment 366 #
2011/2069(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Stresses the need to monitor the practical implementation of EASO’s mandate and that the fundamental rights related aspects of Europol’s work should addressed in the renegotiation of its mandate in 2013;
Amendment 367 #
2011/2069(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Calls for the effective implementation of the provisions on fundamental rights of the Schengen Borders Code and of the Community Code on Visas in the context of future Schengen evaluations;
Amendment 368 #
2011/2069(INI)
Motion for a resolution
Paragraph 36 c (new)
Paragraph 36 c (new)
36c. Stresses that the principles of necessity and proportionality of the data collected and stored should apply to the new technologies for storing personal data and for border surveillance;
Amendment 371 #
2011/2069(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Strongly criticises proposals relating todisagree with new grounds for the reintroduction of Schengen border controls, as this would undermine free movement within the EU and the functioning of Schengen cooperation;area.
Amendment 375 #
2011/2069(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Stresses the importance of an EU driven evaluation and monitoring mechanism to verify the application of the Schengen acquis in line with fundamental rights principles;.
Amendment 384 #
2011/2069(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Calls on the EU institutions and on all Member States to elaborate child- friendly policies in areas such as employment, environment, security or migration; stresses the importance of investing in children-oriented actions by re-orientating existing budgetary lines and by new investments;
Amendment 390 #
2011/2069(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Calls on other stakeholders such as EU agencies such as EUROPOL and Member States, while making human rights a paramount issue to secure EU level cooperation in a holistic, coordinated and integrated approach; calls on Member States to adopt appropriate legal frameworks and appropriate and uniform definition of trafficking in human beings and to ensure national coordination among state actors which have to guarantee protection and promotion of human rights of the victims of trafficking; calls on Member States to encourage research in the field of trafficking in human beings in order to properly adjust government policies in areas such as migration, labour market, the economy, etc.;
Amendment 391 #
2011/2069(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40b. Calls on the Member States to ensure the adequate implementation of the Directive on combating the sexual abuse of children and child pornography 1 and of the Directive on preventing and combating trafficking in human beings 2; __________________ 1 OJ L335, 17.12.2011, p.1. 2 OJ L 101, 15.4.2011, p.1.
Amendment 393 #
2011/2069(INI)
Motion for a resolution
Paragraph 40 c (new)
Paragraph 40 c (new)
40c. Calls on all EU Member States who have not yet done so to ratify the Optional Protocol to the UN CRC on the sale of children, child prostitution and child pornography and the 2007 Council of Europe Convention on the protection of children against sexual exploitation and sexual abuse;
Amendment 395 #
2011/2069(INI)
Motion for a resolution
Paragraph 40 e (new)
Paragraph 40 e (new)
40e. Stresses the need to evaluate the progress made in the fight against trafficking in human beings in the light of the findings of the EU Anti-Trafficking Coordinator;
Amendment 396 #
2011/2069(INI)
Motion for a resolution
Paragraph 40 f (new)
Paragraph 40 f (new)
40f. Welcomes the Commission’s action plan on unaccompanied minors 2010- 2014; calls on the Commission to inform the EP on the findings of the expert group on unaccompanied minors in the migration process;
Amendment 397 #
2011/2069(INI)
Motion for a resolution
Paragraph 40 g (new)
Paragraph 40 g (new)
40g. Calls on the Commission to mainstream children’s rights in all EU activities and to assess the work to date of the Children’s Rights Coordinator and the European Forum on the Rights of the Child;
Amendment 398 #
2011/2069(INI)
Motion for a resolution
Paragraph 40 h (new)
Paragraph 40 h (new)
40h. Encourages the use of child rights indicators elaborated by the FRA in the reviewing of EU actions; calls for the elaboration of practical guidelines on how such indicators could best be used;
Amendment 402 #
2011/2069(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Calls on Member States to reform their asylum procedures in order to comply with the requirement to ensure an effective remedy as laid down by the ECtHR and CJEU case-law, notably on applicable timelines to lodge an appeal against a decision, a negative decision and provisions on the right to stay in the host country during the appeal process;
Amendment 403 #
2011/2069(INI)
Motion for a resolution
Paragraph 41 b (new)
Paragraph 41 b (new)
41b. Highlights the importance of negotiations in view of amending the Dublin II Regulation and stresses that more efficient procedures should not be sought at the expense of the rights of applicants;
Amendment 404 #
2011/2069(INI)
Motion for a resolution
Paragraph 41 c (new)
Paragraph 41 c (new)
41c. Recalls the importance of the directive for seasonal workers 1 for reducing irregularity at work and the risk of exploitation and urges the swift conclusion of negotiations; __________________ 1 COM(2010) 379 final.
Amendment 405 #
2011/2069(INI)
Motion for a resolution
Paragraph 41 d (new)
Paragraph 41 d (new)
41d. Calls on the Commission, in the light of its evaluation of European Readmission Agreements 1 (EURAs) to refrain from supporting the hasty conclusion of new agreements that lead to violations of fundamental rights; calls on the Council to observe the ‘no agreement at any cost’ principle; __________________ 1 COM(2011) 76 final.
Amendment 406 #
2011/2069(INI)
Motion for a resolution
Paragraph 41 e (new)
Paragraph 41 e (new)
41e. Strongly condemns the extensive use by most Member States of detention to facilitate removal of immigrants, including minors, and urges Member States to introduce alternatives to detention in national legislation;
Amendment 407 #
2011/2069(INI)
Motion for a resolution
Paragraph 41 f (new)
Paragraph 41 f (new)
41f. Calls for fundamental rights-sensitive border controls and stresses the need for democratic oversight by Parliament over Frontex operations;
Amendment 413 #
2011/2069(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Urges Member States to restructure their court systems, review the level of court fees, reform the legal aid system and to provide alternative dispute settlement mechanisms so as to facilitate access to justice to the maximum extent possible;
Amendment 414 #
2011/2069(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Expresses concern in relation to the respect of fair trial in the EU and its Member States and notably in relation to recent proposals on ‘secret evidence’ allowing the government to use evidence against individuals which they would be unable to challenge, or even to see, which would be in striking contradiction with European fundamental rights and standards;
Amendment 416 #
2011/2069(INI)
Motion for a resolution
Paragraph 43 b (new)
Paragraph 43 b (new)
43b. Urges the EU institutions and the Member States to examine how common legal principles on collective redress could fit into the EU legal system and into the legal orders of the Member States;
Amendment 417 #
2011/2069(INI)
Motion for a resolution
Paragraph 43 b (new)
Paragraph 43 b (new)
43b. Calls Member States to make sure extradition to third countries does not infringe fundamental rights and invites them to review their international treaties; expresses concern on the possible extradition of the 23-year-old Richard O’Dwyer from the UK to the US for copyright infringement and calls for a solution to be found to ensure that his fundamental rights are not violated;
Amendment 420 #
2011/2069(INI)
Motion for a resolution
Paragraph 43 c (new)
Paragraph 43 c (new)
43c. Calls on Member States to deal with gender-specific crimes and to propose effective means for tackling domestic violence, if necessary by adopting legislation on protection measures;
Amendment 423 #
2011/2069(INI)
Motion for a resolution
Paragraph 43 d (new)
Paragraph 43 d (new)
43d. Welcomes the Roadmap for strengthening the rights and protection of victims, adopted by the Council and the proposal by the Commission of the victims´ package that addresses specifically the needs of child victims and of victims of terrorism;
Amendment 425 #
2011/2069(INI)
Motion for a resolution
Paragraph 43 e (new)
Paragraph 43 e (new)
43e. Calls on the Member States to provide the financial resources for crime victim services, taking into account the upcoming assessment by the FRA of options and promising practices in the Member States;
Amendment 427 #
2011/2069(INI)
Motion for a resolution
Paragraph 43 f (new)
Paragraph 43 f (new)
43f. Stresses that international cooperation in the fight against terrorism should be based on full compliance with international standards and obligations in the area of human rights;
Amendment 428 #
2011/2069(INI)
Motion for a resolution
Paragraph 43 g (new)
Paragraph 43 g (new)
43g. Calls on Member States to establish the truth on their involvement in the CIA rendition and secret detention programmes, to investigate allegations of human rights and reform their systems to avoid future similar abuse;
Amendment 429 #
2011/2069(INI)
Motion for a resolution
Paragraph 43 h (new)
Paragraph 43 h (new)
43h. Welcomes the Roadmap on criminal procedures and calls on the Commission and the Member States to step up efforts in order to achieve strong EU-wide standards for procedural rights of both defendants and victims;
Amendment 430 #
2011/2069(INI)
Motion for a resolution
Paragraph 43 i (new)
Paragraph 43 i (new)
43i. Draws attention to the remaining deficiencies regarding minimum guarantees of the rights of defence, and points out that the Commissioner for Human Rights of the CoE questioned the absence of effective remedies against the European Arrest Warrant and its use for minor crimes;
Amendment 434 #
2011/2069(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Is extremely worried at the situation of democracy, rule of law, checks and balances, media and fundamental rights in some of the Member States and notably at the practice by those in power of selecting, appointing or firing persons for independent positions such as Constitutional Courts, the judiciary, public broadcasting media heads and media regulatory bodies, ombudsmen or commissioners, on the basis of mere party politics instead of competence, experience and independence;
Amendment 442 #
2011/2069(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Calls on the Commission and Member States to distribute information on the right to diplomatic and consular protection; calls on Member States to cooperate actively in order to secure the protection of EU citizens outside the EU, including in times of crisis or disaster;
Amendment 444 #
2011/2069(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Calls the Commission to entrust the FRA with the task of issuing an yearly report monitoring the situation of media freedom and pluralism in the European Union;
Amendment 447 #
2011/2069(INI)
Motion for a resolution
Paragraph 45 b (new)
Paragraph 45 b (new)
45b. Points out the need to launch effective information campaigns that promote EU citizenship rights among young people such as setting up an ‘active citizenship programme’ in schools and universities;
Amendment 448 #
2011/2069(INI)
Motion for a resolution
Paragraph 45 b (new)
Paragraph 45 b (new)
45b. Expresses serious concern over the situation of detainees in the European Union; calls the Commission, the Council and the Member States to come up with proposals, together with the Council of Europe and the Committee for the Prevention of Torture, to ensure that prisoners’ rights are respected and that reinsertion in society is promoted; calls for the implementation of its requests contained in its resolution of 15 December 20111 on detention conditions in the EU and notably for a legislative initiative on minimum common standards of detention in the EU and for the appropriate monitoring mechanisms; 1 P7_TA(2011)0585
Amendment 450 #
2011/2069(INI)
Motion for a resolution
Paragraph 45 c (new)
Paragraph 45 c (new)
Amendment 451 #
2011/2069(INI)
Motion for a resolution
Paragraph 45 c (new)
Paragraph 45 c (new)
45c. Calls for the strengthening of democratic and judicial oversight of secret services at national level, which is extremely urgent and necessary, as demonstrated by their involvement with extraordinary renditions and with CIA flights and prisons and as recent worrying events in Germany and France, among others, have shown; calls for the EU to strengthen its oversight in relation to the collaboration at European level between these agencies, including via EU bodies, and between these and third states;
Amendment 452 #
2011/2069(INI)
Motion for a resolution
Paragraph 45 d (new)
Paragraph 45 d (new)
45d. Underlines the need for swift reform of the European Parliament electoral system, ensuring the active participation of EU citizens in the EU’s functioning;
Amendment 453 #
2011/2069(INI)
Motion for a resolution
Paragraph 45 d (new)
Paragraph 45 d (new)
45d. Expresses concern in relation to the events of disproportionate repression by the police in Member States on the occasion of public events and demonstrations, as confirmed by the recent Italian judgment on the G8 in Genoa, and by other reports by NGOs, citizens and media involving many EU Member States; calls for Member States to make sure that democratic and judicial oversight of law enforcement agencies and personnel is strengthened, accountability is ensured and that impunity has no place in Europe, notably when acts of torture or inhuman or degrading treatments are committed;
Amendment 454 #
2011/2069(INI)
Motion for a resolution
Paragraph 45 e (new)
Paragraph 45 e (new)
45e. Calls on the EU and the Member States to increase public awareness of the Citizens’ Initiative, a tool for direct democracy aimed at enhancing the Union’s democratic functioning;
Amendment 455 #
2011/2069(INI)
Motion for a resolution
Paragraph 45 e (new)
Paragraph 45 e (new)
45e. Calls for the respect of dignity at the end of life, notably by ensuring that decisions expressed in living wills are recognised and respected;
Amendment 456 #
2011/2069(INI)
Motion for a resolution
Paragraph 45 f (new)
Paragraph 45 f (new)
45f. Believes that current policies on drugs have not reached their stated objectives and that the current prohibitionist approach based on criminalization and imprisonment creates stigmatization and marginalization; calls for the revision, at national, European and international level, of laws and policies on drugs on the basis of a new alternative approach based on fundamental rights, medical care and harm reduction;
Amendment 457 #
2011/2069(INI)
Motion for a resolution
Paragraph 45 g (new)
Paragraph 45 g (new)
45g. Expresses ongoing concern on the situation in Hungary, notably in relation to the new Constitution, government control on the media and the judiciary, restrictions to LGBTI rights and freedom of expression, discrimination among religious groups and of Roma and other minority groups, criminalization of homeless persons, the situation in the educational system and measures affecting students, the rise in extremism, racism, xenophobia, anti-Semitism, as well as raising tensions with neighbouring states;
Amendment 51 #
2011/0427(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The establishment of a European Border Surveillance System (hereinafter referred to as ‘EUROSUR’) is necessary in order to strengthen the information exchange and operational cooperation between national authorities of Member States as well as with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Council Regulation (EC) No 2007/2004 of 26 October 2004 (Frontex), hereinafter referred to as ‘the Agency’. EUROSUR should provide these authorities and the Agency with the infrastructure and tools needed to improve their situational awareness and reaction capability when detecting and preventingtowards situations which might turn out to be irregular migration and cross-border crime as well aswith an aim to protecting and savinge lives of migrantpeople in distress at the external borders of the Member States of the Union.
Amendment 56 #
2011/0427(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Migration and the crossing of external borders by third-country nationals should not per se be considered to be a threat to public policy or internal security. A border surveillance system should not be built on the assumption that irregular migration is a pattern among third-country nationals.
Amendment 61 #
2011/0427(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union, the Charter of Fundamental Rights of the European Union, notably human dignity, prohibition of torture and inhuman or degrading treatment or punishment, right to liberty and security, right to the protection of personal data, non-refoulement, non- discrimination and rights of the child. This Regulation should be applied by Member States in accordance with these rights and principles.
Amendment 80 #
2011/0427(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation establishes a common framework for the exchange of information and cooperation between Member States and the Agency in order to improve the situational awareness and reaction capability towards situations which might turn out to be irregular migration and cross-border crime with an aim to protect and save lives of people in distress at the external borders of the Member States and of the European Union, hereinafter referred to as the European Border Surveillance System (EUROSUR).
Amendment 81 #
2011/0427(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to the surveillance of land and sea external borders of the Member States, including measures for protecting and saving lives of people in distress at the external borders of the Member States for monitoring, detection, identification, tracking, prevention and interception of illegal border crossings.
Amendment 91 #
2011/0427(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States and the Agency shall comply with human dignity and fundamental rights principles, including data protection requirements, when applying this Regulation. They shall give priority to the special needs of children, victims of trafficking, persons in need of urgent medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 117 #
2011/0427(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point b a (new)
Article 5 – paragraph 3 – point b a (new)
(b a) ensure that its personnel and the personnel of other authorities with a responsibility for external border surveillance are properly trained for detecting and dealing with situations involving vulnerable persons, such as persons in need of international protection, unaccompanied minors and victims of trafficking;
Amendment 118 #
2011/0427(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point b b (new)
Article 5 – paragraph 3 – point b b (new)
(b b) ensure compliance with human rights and the principle of non- refoulement within each activity carried out by the National Coordination Centre and the other authorities with a responsibility for external border surveillance;
Amendment 123 #
2011/0427(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point f
Article 5 – paragraph 3 – point f
(f) measure regularly the effects of national border surveillance activities and assess compliance with human rights and the principle of non-refoulement;
Amendment 129 #
2011/0427(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d b (new)
Article 6 – paragraph 1 – point d b (new)
(d b) ensure compliance with human rights and the principle of non- refoulement within each activity carried out in the framework of EUROSUR.
Amendment 138 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The national coordination centre shall establish and maintain a national situational picture, in order to provide all authorities with responsibilities in border surveillance at national level with effective, accurate and timely information which is relevant for the prevention of the loss of lives and as well for saving and protecting lives of people in distress at the external borders of that Member State and for the prevention of irregular migration and cross-border crime at the external borders of the Member State concerned.
Amendment 149 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) a sub-layer on irregular migration, which shall contain information on incidents concerning illegal border crossings of migrants occurring at or nearby the external borders of the Member State concerned, on facilitations of irregular border crossings and on any other relevant irregular migration incident, such as a search and rescue mission for persons whose life or personal integrity is at risk and who may or may not be attempting to cross the border illegally.
Amendment 153 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) a sub-layer on crisis situations, which shall contain information with regard to natural and man-made disasters, accidents, other situations when people's lives or personal integrity are at risk and any other crisis situation occurring at or nearby the external borders of the Member State concerned, which may have a significant impact on the control of the external borders;
Amendment 154 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
Amendment 168 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 9 – point d a (new)
Article 9 – paragraph 9 – point d a (new)
(d a) all crisis situations related to preventing the loss of human lives and rescuing people within the land and sea borders of the Member State concerned.
Amendment 173 #
2011/0427(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency shall establish and maintain a European situational picture in order to provide the national coordination centres with information and analysis which is relevant for the prevention of loss of lives as well for saving and protecting the lives of people in distress and the prevention of irregular migration and cross-border crime at the external borders of the Member States.
Amendment 177 #
2011/0427(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. Processing of personal data by the Agency shall be limited to personal data regarding persons who are suspected, on reasonable grounds, by the competent authorities of the Member State, of involvement in cross-border criminal activities, in facilitating illegal migration activities or in human trafficking activities as defined in points (a) and (b) of Article 1(1) of Council Directive 2002/90/EC of 28 November defining the facilitation of unauthorised entry, transit and residence1. _______________ 1 OJ L...
Amendment 189 #
2011/0427(COD)
Proposal for a regulation
Article 10 – paragraph 6 – point c
Article 10 – paragraph 6 – point c
(c) an intelligence picture sub-layer, which shall contain migrant profiles, which shall not include personal data, routes, information on the impact levels attributed to the external land and sea border sections and facilitation analysis;
Amendment 193 #
2011/0427(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
Amendment 197 #
2011/0427(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall establish and maintain a common pre-frontier intelligence picture in order to provide the national coordination centres with information and analysis on the pre-frontier area which is relevant for the prevention of loss of lives and as well for saving and protecting the lives of people in distress and the prevention of irregular migration and serious or organised crime at the external borders of the Member States and in neighbouring third countries.
Amendment 210 #
2011/0427(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. All surveillance tools used for the purposes of this Regulation shall be used with the main aim of preventing the loss of lives as well as of saving and protecting lives of people in distress at the external borders of the Member States.
Amendment 251 #
2011/0427(COD)
Proposal for a regulation
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5 a. With respect to privacy rights, the exchange of data in the context of EUROSUR shall fully comply with the provisions of Directive 95/46/EC, the national implementing legislation and other relevant Union or national legislation.
Amendment 254 #
2011/0427(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The exchange of information and cooperation with neighbouring third countries on preventing the loss of lives as well as saving and protecting lives of people in distress at the external borders of the Member States and preventing irregular migration and cross-border crime may take place on the basis of bilateral or multilateral agreements between one or several Member States and one or several neighbouring third countries concerned. The national coordination centres of the Member States shall be the contact point for the exchange of information between the network referred to in Article 7 and the regional networks with neighbouring third countries.
Amendment 260 #
2011/0427(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Any exchange of information under paragraph 1 of this Article and under point (h) of Article 9(2) shall be done in compliance with the conditions of the bilateral and multilateral agreements concluded with neighbouring third countries and with Directive 95/46/EC, the national implementing legislation and other relevant Union or national legislation.
Amendment 264 #
2011/0427(COD)
Proposal for a regulation
Article 19
Article 19
The European Commission shall, in close cooperation with the Member States and the Agenc, the Agency, the European Union Agency for Fundamental Rights (FRA), the European Data Protection Supervisor (EDPS), the European Asylum Support Office (EASO) and any other relevant Union body, make available a Practical Handbook for the implementation and management of EUROSUR (hereinafter ‘Handbook’), providing technical and operational guidelines, recommendations and best practices. The European Commission shall adopt the Handbook in the form of a recommendation.
Amendment 267 #
2011/0427(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Agency shall ensure that procedures are in place to monitor the technical and operational functioning of EUROSUR against the objectives of achieving an adequate situational awareness and reaction capability at the external borders and the compliance with human dignity and human rights principles.
Amendment 272 #
2011/0427(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Agency shall submit to the European Parliament, the Council and the Commission a report on the functioning of EUROSUR on 1 October 2015 and every two years thereafter.
Amendment 149 #
2011/0405(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Union support under this Regulation shall be used for the benefit of partner countries and can also be usedor for the common benefit of EUthe Union and partner countries.
Amendment 165 #
2011/0405(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) promoting human rights and fundamental freedoms, the rule of law, principles of equality and non- discrimination, establishing deep and sustainable democracy, promoting good governance and developing a thriving civil society including social partners;
Amendment 172 #
2011/0405(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) achieving progressive integration into the Union internal market and enhanced sector and cross-sectoral co-operation including through legislative approximation and regulatory convergence towards Union and other relevant international standards, related institution building and investments, notably in interconnections, such as communication, exchange of expertise and information as cost-effective measures to promote development;
Amendment 203 #
2011/0405(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The partnership and cooperation agreements, the association agreements and other existing or future agreements that establish a relationship with partner countries, corresponding Communications and Country Reports, Council conclusions and European Parliament Resolutions as well as relevant conclusions of ministerial meetings with the partner countries shall constitute the overall policy framework for programming and implementing Union support under this Regulation.
Amendment 205 #
2011/0405(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Jointly agreed action plans or other equivalent documents between the partner countries and the Union, as well as the Union's internal goals and objectives shall provide the key point of reference for setting the priorities for Union support.
Amendment 237 #
2011/0405(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Union and the Member States shall coordinate their respective support programmes with the aim of increasing effectiveness and efficiency in the delivery of support and policy dialogue in line with the established principles for strengthening operational coordination in the field of external support, and for harmonising policies and procedures. Coordination shall involve regular consultations and frequent exchanges of relevant information during the different phases of the support cycle, in particular at field level, based on which necessary adjustments of the programming and action plans may be made, and may lead to joint programming, delegated co-operation and/or transfer arrangements.
Amendment 245 #
2011/0405(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For countries where the documents referred to in Article 3(2) do not exist, a comprehensive programming document including a Strategy and a Multi-annual indicative programme shall be adopted in accordance with the examination procedure referred to in Article 15(3) of the Common Implementing Regulation. It shall define a Union response strategy on the basis of an analysis of situation of the country concerned, and of its relations with the Union, the partner countries' strategies or plans, the priorities for Union support and the indicative level of funding broken down by priority. It shall have an appropriate multi-annual duration, which may be subject to modification on the basis of the commitment and progress made by the country in implementing agreed reforms objectives.
Amendment 269 #
2011/0405(COD)
Proposal for a regulation
Article 17
Article 17
Without prejudice to the provisions on the suspension of aid in partnership and cooperation agreements and association agreements with partner countries and regions, where a partner country fails to observe the principles of democracy, the rule of law and respect for human rights and fundamental freedoms, or fails to achieve the priorities listed in the programming documents, the Union shall invite the country concerned to hold consultations in view of finding a solution acceptable to both parties, except in cases of special urgency. Where consultation with the country concerned does not lead to a solution acceptable to both parties, or if consultations are refused or in case of special urgency, the Council may take appropriate measures in accordance with Article 215(1) of the Treaty on the Functioning of the European Union, which may include the delay, the freezing, the full or partial suspension of Union support.
Amendment 10 #
2011/0303(NLE)
Proposal for a decision
Recital B
Recital B
B. whereas the development of relations with Latin America and, in particular, with Central America is of mutual benefit and brings advantages to all EU Member States,
Amendment 15 #
2011/0303(NLE)
Proposal for a decision
Recital C
Recital C
C. whereas the EU is the main donor of development aid, the main investor and the second largest trading partner in Central America as well as the main donor of development aid,
Amendment 46 #
2011/0303(NLE)
Proposal for a decision
Paragraph 1 - point j
Paragraph 1 - point j
(j) Stresses that the Association Agreement with Central America should be seen as an ideal framework for joining forces, as equal partners, to combat social inequality and poverty, to foster inclusive development and to address the remaining social, economic and political challenges;
Amendment 50 #
2011/0303(NLE)
Proposal for a decision
Paragraph 1 - point n
Paragraph 1 - point n
(n) Stresses that social cohesion is a priority objective of regional cooperation policy; insists that social cohesion can only be achieved by reducing poverty, inequality, social exclusion and all forms of discrimination through proper education, including vocational training; stresses that social inequality has not been sufficiently reduced in recent years and that public safety is a matter of great concern in Central America;
Amendment 29 #
2011/0242(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Based on the experiences gathered so far with respect to the functioning of the area without border controls the Commission should draw up guidelines on the reintroduction of internal border controls, both in cases which require such a measure as a temporary reaction and in cases where an immediate action is needed. The Commission should draw up such guidelines in order to ensure coherent implementation of the Schengen rules. The guidelines should provide for clear indicators to facilitate the assessment of threats to public policy and national security.
Amendment 32 #
2011/0242(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The temporary reintroduction of certain controls at internal borders could also be a response to serious deficiencies identified by Schengen evaluations in accordance with Article 15 of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, where the circumstances would be such as to constitute a serious threat to public policy or to internal security at the Union or national level.
Amendment 36 #
2011/0242(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) It is necessary for the Commission to present at least an annual overview to the Union institutions on the functioning of the Schengen area. This should provide the basis for an annual debate in the European Parliament and in the Council and contribute to the strengthening of political guidance and cooperation in the Schengen area.
Amendment 38 #
2011/0242(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. These powers should be exercisedFor cases of persistent serious deficiencies identified in accordance with Article 15 of the Regulation (EU) No .../2012 of the European Parliament and of the Council of [...] [on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis] and in order to ensure uniform conditions and democratic scrutiny, a European mechanism for the reintroduction of temporary and exceptional border controls at internal borders should be established. Under this mechanism, the Commission should transmit to the European Parliament and to the Council a report assessing the necessity of the reintroduction of border controls at internal borders as a measure of last resort. The European Parliament and the Council should present their opinions within one month after which the Commission should be able to decide on the reintroduction of border control at internal borders by way of implementing acts, in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers. Except in cases of urgency, and iIn view of the terms of Article 2(2)(b)(iii) of that Regulation, the examination procedure is applicableshould be used for the adoption of those implementing acts.
Amendment 46 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Border control at internal borders may only be reintroduced in accordance with the procedures foreseen in Articles 24, 25 and 26 of this Regulation. The criteria listed in Article 23a must be taken into accountapplied in each case where a decision on the reintroduction of border control at internal borders is contemplated.
Amendment 48 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23 – paragraph 3
Article 23 – paragraph 3
3. If the serious threat to public policy or internal security at the Union or national level persists beyond the period provided for in paragraph 1, border control at internal borders may, taking account of the criteria listed in Article 23a, be prolonged on the same grounds as those referred to in paragraph 1 and, taking into account any new relevant elements, for renewable periods of up to 30 days.
Amendment 59 #
2011/0242(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 562/2006
Article 23a – paragraph 1 – point c
Article 23a – paragraph 1 – point c
(c) the current and likely future impact of any serious deficiencies related to external border control or return procedures identified by Schengen evaluations in accordance with the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis;
Amendment 64 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23a – paragraph 2 a (new)
Article 23a – paragraph 2 a (new)
2a. Based on the experiences gathered so far with respect to the functioning of the area without border controls, the Commission shall issue guidelines on the reintroduction of internal border controls, both in cases which require such a measure as a temporary reaction and in cases where an immediate action is needed. The Commission shall draw up such guidelines in order to ensure coherent implementation of the Schengen rules. The guidelines shall provide clear indicators to facilitate the assessment of threats to public policy and national security.
Amendment 72 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Following a requestnotification by athe Member State pursuant to paragraph 1, or on its own initiative ba(s) planning to reintroduce border control and for the purposed onf the information specified in sections (a) to (e) of thatconsultation provided for in paragraph 4, the Commission shall decide on the reintroduction of border control at internal borders. Those implementing acts shall be adopted in accordance with the examination procedure referred to in may issue an opinion without prejudice to Article 33a (2)72 TFEU.
Amendment 76 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission shall decide on the prolongation of border control at internal borders. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33a(2)information referred to in paragraph 1, as well as the opinion that the Commission may provide in accordance with paragraph 3, shall be the subject of consultations, including, if requested either by the Commission or the Member States, joint meetings, between the Member State planning to reintroduce border control at internal borders, the concerned neighbouring Member States and the Commission, with a view to examining the proportionality of the measures to the events giving rise to the reintroduction of border control and the threats to public policy or internal security.
Amendment 84 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In cases where the Commission finds that there are persistent serious deficiencies related to external border control or return procedures identified in accordance with Article 15 of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, and insofar as these deficiencies constitute a serious threat to public policy or internal security at the Union or national level, border control at internal borders may be reintroduced for a period of no more than six months. This period can be prolonged by a further period of no more than six months if the serious deficiencies are not remedied. No more than three such prolongations will be possible.
Amendment 87 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Commission shall decide on the reintroduction of border control at internal borders. Those implementing acts shall be adoptedWhere no other measures are capable of effectively mitigating the serious threat identified, the Commission shall transmit to the European Parliament and to the Council a report assessing the necessity of the reintroduction of border control at internal borders, as a measure of last resort, to protect common interests in the area without internal border controls. The European Parliament and the Council may present their opinions within one month after which the Commission may decide on the reintroduction of border control at internal borders by means of an implementing act in accordance with the examination procedure referred to in Article 33a (2).
Amendment 95 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 562/2006
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
The Commission shall present to the European Parliament and to the Council, at least annually, a report on the functioning of the area without internal border controls. The report shall include a list of all decisions to reintroduce controls at internal borders taken during the year covered.
Amendment 6 #
2011/0167(NLE)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines, at the same time, that it is crucial to strike the appropriate balance between enforcement of IPRs and fundamental rights such as freedom of expression, the right to privacy and protection of personal data, the right to due process and confidentiality of communications, the right to due process -notably the presumption of innocence and effective judicial proteciton1 - and recalls the case- law of the Court of Justice of the European Union (CJEU) as regards this fair balance,; ______________ 1 See also in this sense the Opinion of the EDPS of 24 April 2012 <http://www.edps.europa.eu/EDPSWEB/webdav/site/my Site/shared/Documents/Consultation/Opinions/2012/12- 04-24_ACTA_EN.pdf.
Amendment 32 #
2011/0167(NLE)
Draft opinion
Paragraph 15
Paragraph 15
15. Considers that when fundamental rights are at stake ambiguity must be avoided and at the least reduced to a minimumthere shall be no place for any ambiguity; recalls that the European Court of Human Rights jurisprudence affirms that any limitation to the fundamental rights and freedoms foreseen by law must be foreseeable in its effects, clear and precise and accessible, as well as necessary in a democratic society and proportionate to the aims pursued; underlines that ACTA might create a legal basis for third countries controls and subsequent measures, notably at the borders, on Union citizens travelling outside of the Union, as well as on their properties; moreover, and without assigning any wrongful intentions ("procès d'intention") to the ACTA implementation measures, takes the view that in the current state of affairs precaution should be exercised as regards ACTA in light of the serious and remaining question-marks surrounding the balance reached within the agreement between IPRs and other core fundamental rights and its level of legal certainty.;
Amendment 39 #
2011/0167(NLE)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Shares the concerns expressed by the EDPS in its opinion on ACTA, notably in relation to the unclear scope, the vague notion of "competent authority", the processing of personal data by ISPs through voluntary enforcement cooperation measures and the lack of appropriate safeguards in relation to fundamental rights;
Amendment 40 #
2011/0167(NLE)
Draft opinion
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Is of the opinion that ACTA does not comply with the rights enshrined in the Charter;
Amendment 41 #
2011/0167(NLE)
Draft opinion
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Invites the Committee on International Trade, as the committee responsible, to recommend that Parliament declines to consent to the conclusion of ACTA;
Amendment 3 #
2011/0138(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation establishes a visa safeguard clause allowing the rapid, temporary suspension of the visa waiver for a third country on the positive list in case of an emergency situation, where an urgent response is needed in order to resolve the difficulties faced by one or more Member States, and taking account of the overall impact of the emergency situation on the European Union as a whole and the impact on its foreign relations policies with third countries in cases of suspension of the visa waiver.
Amendment 19 #
2011/0138(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The mechanism regarding reciprocity to be implemented if one of the third countries included in Annex II to Regulation (EC) No 539/2001 decides to make the nationals of one or more Member States subject to the visa obligation needs to be adapted to the entry into force of the Lisbon Treaty in combination with the case law of the Court on secondary legal bases. In addition, the mechanism needs to be adapted to provide for a Union answer as an act of solidarity, if one of the third countries included in Annex II to this Regulation decides to make the nationals of one or more Member States subject to visa requirements.
Amendment 21 #
2011/0138(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Upon receipt of a notification from a Member State that a third country listed in Annex II to this Regulation has decided to introduce visa requirements for that Member State’s nationals, all Member States should react collectively, thus providing a common response to a situation which affects the Union in its entirety and allows for its citizens to be subjected to differing treatments.
Amendment 28 #
2011/0138(COD)
Proposal for a regulation
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Regulation (EC) No 539/2011
Article 1 – paragraph 4
Article 1 – paragraph 4
(b) in paragraph 4 point (c) is replaced by the following: is replaced by the following: 4. Where a third country listed in Annex II introduces, reintroduces or maintains a visa requirement for nationals of a Member State, the following provisions shall apply: (ca) within 90 days after publication of that notification, the Commission, in consultation with the Member State concerned, shall report to the European Parliament and the Council. The report may be accompanied by a proposal providing for the temporary restoration of the visa requirement for nationals of the third country in question. The Commission may also presof such introduction, or its announcement or, in cases where the requirement is maintained, within 90 days of the date of entry into force of this Regulation, the Member State concerned shall notify the European Parliament, the Council and the Commission in writing; the notification shall be published in the C series of the Official Journal of the European Union. The notification shall specify the date of implementation of the measure and the type of travel documents and visas concerned. If the third country decides to lift the visa obligation before the expiry of this deadline, the notification becomes superfluous; (b) the Commission shall, immediately following the date of publication of that notification and in consultation with the Member State concerned, take steps with the authorities of the third country in order to restore visa-free travel and shall inform the European Parliament and the Council about the status of the negotiations at the earliest opportunity; (c) within 45 days after publication of that notification, the Commission, in consultation with the Member State concerned, shall report to the European Parliament and the Council. If within 45 days of the date of publication of that notification, the third country concerned has not lifted the visa requirement, the Commission, in consultation with that Member State, shall propose the restoration of the visa requirement for nationals of the third country in question. If within 90 days of the date of publication of that notification, the third country has not lifted the visa requirement, this proposal after deliberations in the European Parliament and the Council on its report. Te Commission's proposal providing for the restoration of the visa requirement for nationals of the third country in question shall be deemed to have been adopted, unless the Council, acting by qualified majority, and the European Parliament, and the Council shall act on such proposcting by absolute majority, decide to reject the proposal beforehand. (d) where the third country in question abolishes the visa requirement, the Member State shall immediately notify the Council and the Commission to that effect. The notification shall be published in the C series of the Official Journal byof the ordinary legislative procedureEuropean Union. Any measure decided upon under subparagraph (c) shall terminate seven days after the publication in the Official Journal of the European Union. In case the third country in question has introduced a visa requirement for nationals of two or more Member States, the measure will only terminate after the last publication.
Amendment 7 #
2010/2294(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas furthermore the EU progressively risks to become the target of criticism because of the continuous lack of transparency, openness and access to documents and information for citizens, as demonstrated by the impossibility to adopt a new Regulation on the right of access to documents, due to the Commission refusal to accept Parliament’s amendments and Member States’ unwillingness to open up their documents, discussions and deliberations to citizens and the Parliament,
Amendment 8 #
2010/2294(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas further and more stringent measures against corruption should be taken at EU level to ensure that EU institutions are immune from it, at all levels and everywhere, and whereas the EP shall learn from recent negative experiences by elaborating rules, including providing for enhanced transparency, on the relations of MEPs and Parliament’s staff with lobbyists and interest groups,
Amendment 9 #
2010/2294(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas, in order to ensure the accountability and legitimacy of a democratic political system, citizens have a right to know how their representatives act, once elected or appointed to public bodies or representing the Member States at European or international level (principle of accountability), how the decision-making process works (including documents, amendments, timetable, players involved, votes cast, etc), and how public money is allocated, spent and with which results (principle of traceability of funds),
Amendment 12 #
2010/2294(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Article 15 TFEU and Article 4142 of the Charter of Fundamental Rights introduce a broad notion of the term ‘document’ relating to information whatever its medium of storage,
Amendment 21 #
2010/2294(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that interventions by the Court of Justice, the European Ombudsman and the EDPS, which basically take positions on individual cases, cannot replace legislative activity as regards legal certainty and equality before the law; regrets that even when the Court of Justice has established a clear principle, as for example in the Turco case on legislative transparency, it is still not complied with; consequently repeats its call to institutions to abide by the Turco judgment on legal service opinions drafted in the framework of the legislative process; reaffirms that the legislator shall address and overcome the problems highlighted by the Court of Justice jurisprudence and implement the right to access to documents fully and more extensively, in the spirit of the new Treaty modifications clearly establishing a fundamental right of access to documents;
Amendment 24 #
2010/2294(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers, in the light of ten years of experience with the application of Regulation (EC) No 1049/2001 and taking into account the case-law of the Court of Justice, that it is necessary to revise that Regulation in order to clarify some of its provisions, narrow its exceptions and ensure that the transparency promised by the Treaties becomes a reality, by strengthening the right of access to documents, without in any way reducing the existing standards for the protection of that right;
Amendment 28 #
2010/2294(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the Court of Justice has clarified in the case Sweden v Commission (case C-64/05 P) that Member States do not have an absolute veto right regarding documents originating from them, but only the possibility of an assent procedure, confirming that none of the exceptions to the right of access to documents set out in Regulation (EC) No 1049/2001 is applicable; considers that a legislative clarification is needed in order to ensure the correct application of this case-law to avoid the still existing delays and controversies, as shown by the IFAW case;
Amendment 32 #
2010/2294(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls especially on the Council to grant Parliament full access to classified documents connected with international agreements, as provided for by Article 218 TFEU, as well as classified documents connected with EU evaluation procedures, to avoid interinstitutional problems such as were encountered, for example, regarding the EU’s accession to the ECHR, the Schengen evaluation regarding Bulgaria and Romania, ACTA or the EU- China Human Rights dialogue;
Amendment 35 #
2010/2294(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the landmark judgment of the Court of Justice in the joined cases Sweden and Turco v Council stressed an obligation of transparency in the legislative procedure, as ‘openness in that respect contributes to strengthening democracy by allowing citizens to scrutinise all the information which has formed the basis of a legislative act’; stresses therefore that any exceptions referring to the legislative procedure, including legal advice and the so-called ‘space to think’, should be extremely limited, if permitted at all;
Amendment 37 #
2010/2294(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Emphasises that, regardless of this clear principle, this is still not implemented in practice, as shown by the recent judgment in the Access Info Europe case regarding the refusal by the Council to disclose positions of Member States on the proposed recast of Regulation (EC) No 1049/2001, and by the case ClientEarth v Council, pending before the General Court, on a legal opinion regarding the recast of Regulation (EC) No 1049/2001; notes that the public disclosure of Member States’ positions during the negotiation of Regulation (EC) No 1049/2001 and many subsequent adopted measures did not in any way undermine the decision-making capacity of the Council, since these disclosures did not prevent the successful conclusion of the relevant legislative procedures;
Amendment 39 #
2010/2294(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Council to review its rules and extend transparency to the working groups by providing for example minute, expert groups and committees by providing at least the minutes of the discussions, the documents examined, the amendments, the documents approved, the identity of the Member States’ delegations and lists of members; strongly opposes the current practice of such groups, where the deliberations until the final decision are closed to the public, and the use of ‘limited’ documents (a term not deriving from Regulation (EC) No 1049/2001) for this purpose; opposes as well the practice of unregistered documents, such as room documents;
Amendment 41 #
2010/2294(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to make publicly available agendas, minutes and declarations of interests as regards expert groups, and names of members, proceedings and votes of the ‘comitology’ committees, as well as all of the documents considered by such groups and committees, including draft delegated acts and draft implementing acts; calls on the Parliament to adopt a more transparent and open procedures, including internally, to deal with these documents;
Amendment 43 #
2010/2294(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that transparency as required by the Treaties is not limited to legislative procedures but includes as well non- legislative work of EU institutions, bodies, offices and agencies; stresses that Regulation (EC) No 1049/2001 is the only proper legal act for assessing the right of access to documents, and that other legal acts, such as theinternal or founding regulations of agencinstitutions, agencies and bodies, cannot introduce additional grounds for refusing access;
Amendment 45 #
2010/2294(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Regrets that recent negotiations between the EU institutions for a ‘common understanding’ on delegated acts and for a new framework agreement between the Commission and the Parliament have not been fully transparent; commits itself to make fully transparent its negotiations with the Council and Commission for ongoing or future Inter-Institutional Agreements or for comparable agreements;
Amendment 47 #
2010/2294(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes that the Court of Justice, like all other EU institutions, bodies, offices and agencies, must carry out its work ‘as openly as possible’, pursuant to Article 1 TEU; emphasises that while Article 15 TFEU only specifically applies to the administrative documents of the Court, this does not preclude the adoption of measures on a different legal base, conferring the right of access on other Court documents, in accordance with Article 1 TEU; considers that the current proposal for the amendment of the Statute of the Court of Justice should be amended by the Parliament and Council to adopt rules to this end, and also to adopt rules concerning access to the Court proceedings, as an amicus curie, by EU bodies such as the Fundamental Rights Agency, by civil society organisations and by certain international bodies such as the UNCHR; believes that such rules should be modelled on the best practice of the European Court of Human Rights, the Member States’ judicial traditions and the procedures applicable in the courts of some third States;
Amendment 56 #
2010/2294(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Emphasises that the so-called ‘comitology’, first reading trialogues and the conciliation procedures (as explicitly listed in Article 294 TFEU) are a substantial phase of the legislative procedure, and not a separate ‘space to think’; requests, therefore, that the documents created in their framework should not be treated differently from other legislative documents, and that they should be made publicbelieves that the current procedures fail to ensure a satisfactory level of transparency and access to documents, both internally to the Parliament, and externally in relation to citizens and the public opinion; underlines that the Parliament has a statutory duty to hold its meetings in public and an obligation to publish the documents it examines, notably of legislative nature, as foreseen by the Treaties, jurisprudence of the Court of Justice and its rules of procedure; requests, therefore, that the documents created in their framework should not be treated differently from other legislative documents, and that they should be made public; consequently charges its competent bodies to standardize this procedure and publish such documents and calls other institutions to do the same;
Amendment 59 #
2010/2294(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights the need to establish an appropriate equilibrium between transparency and data protection, as made clear by the Bavarian Lager case-law, and stresses that data protection should not be ‘misused’, in particular, for the purpose of covering conflicts of interest and undue influence in the context of EU administration and decision-making; points out that the judgment of the Court of Justice in the Bavarian Lager case is based on the current wording of Regulation (EC) No 1049/2001 and does not prevent the legislature from establishing a new equilibrium, which is necessary and urgent notably after the clear proclamation of the right of access to documents in the Treaties and in the Charter of Fundamental Rights;
Amendment 62 #
2010/2294(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Reiterates the importance of the principle of traceability, so to ensure that citizens can know how public money is allocated, spent and with which results, and calls EU institutions to apply this principle in relation to the running of the institution and to the policies and funds allocated to implement them, at all levels;
Amendment 63 #
2010/2294(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that when international agreements have legislative effects, access should be granted to the public, including access to documents adopted by or submitted to any bodies which have the task of implementing or monitoring the application of such agreements; points out that Parliament, which is elected by the EU citizens, has a speciis entrusted by the Treaties to have an institutional role in representing the public interest; stresses, therefore, the need to fully respect the new prerogatives assigned to Parliament by the Lisbon Treaty in the field of international agreements, and that no bilateral agreements with third countries may prohibit this; expresses its firm determination to make sure that Parliament’s institutional prerogatives as foreseen by Article 218 TFEU are fully respected, including if necessary by bringing other institutions to the Court of Justice;
Amendment 67 #
2010/2294(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Emphasises the current lack of coherent EU administrative law, such as rules regarding the delivery of administrative decisions that can be appealed against, or a clear concept of ‘administrative tasks’ as mentioned in Article 15(3) TFEU; calls, therefore, on the EU institutions to urgently define a common EU administrative law, pursuant to Article 298 TFEU, and to provide a common and horizontally applicable definition of an ‘administrative task’ especially for the European Central Bank, the European Investment Bank and the Court of Justice; commits itself to make a recommendation for a legislative proposal on this issue, pursuant to Article 225 TFEU, which should inter alia address the issue of the transparency and accountability of the Commission’s conduct of infringement proceedings to complainants, the Parliament and citizens;
Amendment 71 #
2010/2294(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Considers that copyright rules, to the extent that they apply at all to documents within the scope of Regulation (EC) No 1049/2001, cannot be invoked to refuse public access to documents or to prevent the publication of such documents on the Internet;
Amendment 78 #
2010/2294(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Reiterates that Parliament should be at the forefront of the proactive approach on publicity, transparency, openness and access to documents and highlights the success of webstreaming of hearings and committee meetings in addition to plenary sittings, and believes that this should become the norm and that the Legislative Observatory (OEIL) should be even further expanded to include all EU official languages and information, both at committee and plenary level, such as amendments, opinions from other committees, Legal Service opinions, voting lists, roll call votes, present and voting MEPs, interinstitutional letters, names of shadow rapporteurs, a ‘search by word’ function, multilingual search, tabling deadlines, RSS feeds, an explanation of the legislative procedure, links to webstreamed discussions, etc.;
Amendment 80 #
2010/2294(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Believes at the same that transparency has to apply to the work of Parliament’s internal bodies (such as the Conference of Presidents, the Bureau and the Quaestors, as well as other temporary or high-level bodies), as well as to MEPs’ activities, such as participation in parliamentary work and parliamentary attendance, under the same terms requested by the Parliament in its resolution of 14 January 2009 and MEPs’ allowances and spending, in conformity with data protection rules and the position taken by the European Ombudsman differentiating between the databases for general expenditure, the pension scheme, parliamentary assistance expenses and travel and subsistence allowances;
Amendment 82 #
2010/2294(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Considers that transparency at EU level should be mirrored by Member States when transposing EU legislation into national law, notably by establishing correlation tables, and invites national parliaments and the Conference of Community and European Affairs Committees of Parliaments of the European Union to examine the proposals contained in this resolution and to promote an EU register of parliaments’ and parliamentarians’ activities which could serve to ensure and increase mutual cooperation and consultation between the EU, the Parliament and national parliaments, drawing also on best practice in terms of e-Parliament and e- government transparency;
Amendment 83 #
2010/2294(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Notes some improvements in the registers of the Council and the Commission, but draws attention to the still existing lack of coordination and interoperability between the different institutions, as no common information model for their registers exists that would allow the citizen to find the necessary documents and the information they include at a ‘single point’, as well as to use a common search engine integrally connected notably to the Legislative Observatory (OEIL) where documents pertaining to one legislative procedure are grouped together;
Amendment 84 #
2010/2294(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Believes that, in order to make the legislative process more accountable, comprehensible and accessible to the public, Parliament’s committees should in all cases adopt orientation votes prior to entering into trialogues with the Council; the Council, for its part, should adopt ‘general approaches’ or approve negotiating positions agreed in Coreper prior to entering into trialogues with the Parliament, with all such Parliament and Council documents immediately made public; furthermore, to make available to the public the agendas and a summary of the outcome of all trialogue meetings, as well as the ‘four column’ documents drawn up for the purposes of facilitating negotiations, also indicating to citizens the precise state-of-play of each set of ongoing negotiations;
Amendment 85 #
2010/2294(INI)
Motion for a resolution
Paragraph 39 b (new)
Paragraph 39 b (new)
39b. Calls on the Council and Commission to negotiate with the Parliament to amend the Joint Declaration on the co-decision procedure, and the Inter-Institutional Agreement on better law-making, to this end; commits itself, in the interim, to amend its rules of procedure, including the annexed code of conduct on co-decision negotiations, to give full binding effect to these principles;
Amendment 87 #
2010/2294(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Considers that the Interinstitutional Committee established by Article 15(2) of Regulation (EC) No 1049/2001 should meet at least once a year, that the results of its deliberations should be public, and that it shouldwork more intensely, report to the competent committees on the issues discussed, on the positions the Parliament defends, on the problematic issues raised by other institutions, as well as on the achievements reached, if any; calls it consequently to meet more regularly and at least 4 times a year and to open up internal discussions and deliberations by ensuring they are public, by inviting and considering submissions from civil society and the European Data Protection Supervisor; the committee should work on an annual ‘audit’ report on transparency and openness in the EU which should be prepared by the European Ombudsman; calls it to urgently address the problems mentioned abovein this resolution;
Amendment 7 #
2010/2276(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to Article 6 of the Treaty on European Union, which deals with fundamental rights in the Union,
Amendment 8 #
2010/2276(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
– having regard to Article 7 of the Treaty on European Union which provides for sanctions and suspension of rights in case of serious breaches of Union law,
Amendment 18 #
2010/2276(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to its resolution of 10 July 2008 on the census of the Roma on the basis of ethnicity in Italy1, 1 OJ C 294 E, 3.12.2009, p. 54.
Amendment 21 #
2010/2276(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
– having regard to its resolution of 9 September 2010 on the situation of Roma and on freedom of movement in the European Union1, 1 Texts adopted, P7_TA(2010)0312.
Amendment 33 #
2010/2276(INI)
Motion for a resolution
Recital A
Recital A
A. whereas a large proportion of Europe's 10-12 million Roma arehas suffered systematic discrimination and as a consequence is struggling against an intolerable degree of social and economic exclusion and exclusion from human rights,
Amendment 51 #
2010/2276(INI)
Motion for a resolution
Recital D
Recital D
D. whereas non-discrimination - although indispensable - is not by itself enoughit is a duty for the EU and for its Member States to ensure the full respect, protection and promotion of fundamental rights, equality and non- discrimination, the right to free movement for all citizens, including for the Roma; whereas this is a necessary and fundamental precondition to successfully take measures to overcome the historic disadvantages of the Roma, and whereas it is therefore necessary to complement equality legislation and policiesfight discriminations they encounter; whereas it is necessary to ensure the full and non- discriminatory application of legislation and policies and mechanisms to monitor and sanction violations of the rights of Romas shall be strengthened for this aim, whereas these measures must be complemented and reinforced by addressing the specific needs of the Roma regarding the fulfilment of and access toenjoyment of their human rights, including access to employment, housing, healthcare and education by means of an EU-level strategy,
Amendment 65 #
2010/2276(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas discriminations, evictions, expulsions, persecutions, segregation, racist speeches inciting to hate by political and governmental leaders, fingerprinting and ethnic profiling, inter alia, still occur on the EU territory and whereas the EU shall address these issues in the framework of the EU Strategy on Roma Inclusion by ensuring a stronger implementation of the directives on free movement, on discrimination based on race or ethnicity, on data protection, as well as of the Framework Decision on Racism and Xenophobia, in cooperation with the Member States and with the support of the Fundamental Rights Agency, the Council of Europe and NGOs,
Amendment 79 #
2010/2276(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to propose and the Council to adopt an EU Strategy on Roma Inclusion (hereinafter: ‘the Strategy’) as anbeing an EU-wide indicative, inclusive and place-based action plan, which is prepared and implemented on a multi-level basis and can evolve aswhen needed; it should be based on the tasks, objectives, principles and instruments defined by the Treaties and the Charter of Fundamental Rights, as referred to above, and on the shared competences, as well as the supporting, coordinating and complementary actions, of the Union;
Amendment 85 #
2010/2276(INI)
Motion for a resolution
Paragraph 2 – point a – indent 1
Paragraph 2 – point a – indent 1
– fundamental rights, equality and non- discrimination and human rights, free movement, racism and xenophobia,
Amendment 101 #
2010/2276(INI)
Motion for a resolution
Paragraph 2 – point a a (new)
Paragraph 2 – point a a (new)
(aa) present in the Strategy a roadmap for introducing binding minimum standards at EU level for the Priority Areas on education, employment, housing and healthcare;
Amendment 102 #
2010/2276(INI)
Motion for a resolution
Paragraph 2 – point b – indent 1
Paragraph 2 – point b – indent 1
– anti-discrimination measuresmeasures to guarantee, protect and promote fundamental rights (implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms and related jurisprudence, of the Charter of Fundamental Rights provisions), equality and non-discrimination (implementation of the Racial Equality Directive), right to free movement (implementation of the free movement directive without discriminations) and awareness-raising,
Amendment 111 #
2010/2276(INI)
Motion for a resolution
Paragraph 2 – point b – indent 2
Paragraph 2 – point b – indent 2
– combating prejudices, stereotypes, racism and anti- gypsyism, notably by ensuring full implementation of the Framework Decision on Racism and Xenophobia,
Amendment 219 #
2010/2276(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance ofresponsibility of EU institutions and of Member States in the planning, endorsing and controllimplementing the Strategy, which should be done in a transparent manner, and with the primary responsibility falling on democratically accountable ministers within the Council, and emphasises that thearticipation of the European Parliament and of national parliaments, as well as relevant NGOs and actors, so to ensure its effectiveness and success, and calls Member Strategy should in no way be divisive for the EU, creating sps to fully cooperate with the EU in this shared responsibilitsy among Member States; nd effort;
Amendment 239 #
2010/2276(INI)
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
– take responsibility for supervision, coordination, monitoring, reporting, evaluation, facilitation of implementation, mainstreaming and follow-up, thereby meeting the need for an independent, multi-sector body serving as an ‘external facilitator’ which can assess and balance the various national and sectoral interests in a manner acceptable to all,
Amendment 242 #
2010/2276(INI)
Motion for a resolution
Paragraph 4 – indent 3
Paragraph 4 – indent 3
– review and update the Strategy as appropriate on a regular basis, and seek endorsement from the Council and the European Parliament for the changes made,
Amendment 262 #
2010/2276(INI)
Motion for a resolution
Paragraph 4 – indent 6
Paragraph 4 – indent 6
– ensure the involvement of concerned stakeholders and Roma communities from all levels through the European Roma Platform, and work in partnership with the other institutions, Member States and, regional and local authorities, international financing institutions, transnational programming bodies and intergovernmental organisations;
Amendment 274 #
2010/2276(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on Member States to appoint a government official or an administrative body to act as ‘National Contact Point’ for the implementation of the Strategybeing equipped with executive powers and responsible for the implementation, coordination, monitoring, mainstreaming and enforcement of the Strategy at national, regional and local level;
Amendment 299 #
2010/2276(INI)
Motion for a resolution
Paragraph 8 – indent 12 a (new)
Paragraph 8 – indent 12 a (new)
- situations of serious violations of human rights, discrimination, evictions, expulsions, racism, targeting of the Roma population by local or regional authorities or third parties;
Amendment 303 #
2010/2276(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to encourage in the Strategy Member States, relevant international and European institutions, NGOs, Roma communities, other stakeholders and the public to use the Roma / Roma and Sinti denomination in all referrals to this minority;
Amendment 321 #
2010/2276(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Requests the Commission to provide Parliament with a list of projects benefitting the Roma population which have been financed by the Commission during the last ten years, giving indications about the results achieved;
Amendment 331 #
2010/2276(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission and the Council to improve access to EU funds for local authorities and relevant NGOs working by simplifying the rules;
Amendment 344 #
2010/2276(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for the inclusion in the Strategy of a mechanism of cooperation, exchange of information and monitoring, not only at EU but also at national level, together with the Fundamental Rights Agency, the Council of Europe, other relevant international and European institutions, NGOs, Roma communities, other stakeholders, in order to address problems and find solutions and to ensure that the Strategy is correctly and fully implemented both at EU and national level by those responsible for it, thereby ensuring the success of the Strategy;
Amendment 345 #
2010/2276(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the Commission to introduce in the Strategy a mechanism which promotes the hiring of Roma in public administration both at EU and national level, especially in institutions participating in the programming and implementation of EU and national funded programmes for Roma inclusion;
Amendment 1 #
2010/2273(INI)
Draft opinion
Citation -1 a (new)
Citation -1 a (new)
- having regard to Article 151 of the Treaty on the Functioning of the European Union,
Amendment 2 #
2010/2273(INI)
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Commission communication of 13 April 2011 'Single Market Act - Twelve levers to boost growth and strengthen confidence "Working together to create new growth"', that includes workers' mobility as one of its twelve key instruments (COM(2011)0206),
Amendment 3 #
2010/2273(INI)
Draft opinion
Citation 1 b (new)
Citation 1 b (new)
- having regard to paragraph I, point g), of the European Pact on Immigration and Asylum1 adopted by the European Council, that invites Member States to establish ambitious policies to promote the harmonious integration of legal immigrants, including specific measures to promote language-learning and access to employment,
Amendment 43 #
2010/2273(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to make use of the EURES network and other European instruments that offer advice and assistance for placement and recruitment in order to offer more accessible and transparent information related to the rights that family members of migrant workers have, especially regarding their right to work, their social rights and their children’s right to education in the host Member State;
Amendment 47 #
2010/2273(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Expresses deep concern regarding labour market related laws and policies existing at national level that deviate from the provisions and the core values of the European Union law;
Amendment 48 #
2010/2273(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Urges the Member States not to make use of the transitional restrictions regarding the access of Romanian and Bulgarian workers to their labour market as a possibility to perpetuate discriminatory, protectionist and anti free- movement policies, but to take further steps in fully eliminating these remaining obstacles to intra-EU mobility in the context of the Single Market Act;
Amendment 54 #
2010/2273(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for an improved cooperation between the EU, the Member States and third countries regarding the development of successful, fair and transparent EU immigration and intra-EU migration policies for third-country workers, based on solidarity with third countries as well as on the EU labour market needs in the context of its present demographic challenges and prospect for economic development.
Amendment 14 #
2010/2154(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that only few Member States have carried out trials of body scanners1 and many of these have abandoned body scanners subsequently, due to the high costs, delays and inefficacy2, while most of the Member States have not deployed body scanners or have opposed or affirmed that they do not intend to buy, deploy and use of body scanners; 1 UK, NL, DE, DK. 2 IT and FIN.
Amendment 15 #
2010/2154(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes that, regardless of the inclusion of body scanners in the list of methods of screening allowed, those Member States already using body scanners are bound to ensure that citizens’ fundamental rights enshrined in the ECHR and in the Charter of Fundamental Rights are respected, protected and promoted, notably the right to privacy and to health, as furthermore requested by the European Parliament;
Amendment 16 #
2010/2154(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Highlights that those Member States that used body scanners have excluded some categories of vulnerable persons, such as children, pregnant woman, elderly people and persons with disabilities or with implanted medical devices and workers who are frequently exposed to radiations, and that common rules in this field shall be applied at EU level when Member States deploy and use body scanners;
Amendment 17 #
2010/2154(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Believes that body scanners should only be used by those Member States that decided or will decide to deploy them, on an ad hoc basis, and for those flights were there are reasons to believe that security is at stake, for instance on the basis of intelligence information, of specific risks or threats, of the country of destination of the flights (if the country of destination requested body scanning of the passengers for specific security reasons) or of origin (if the country of origin is targeted by terrorist groups); believes that body scanners should not be used for intra-EU flights;
Amendment 18 #
2010/2154(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
Amendment 19 #
2010/2154(INI)
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Calls the Commission not to add body scanners to the list of authorised screening methods, as this would create an incentive for the use of body scanners at national level, but calls it to issue instead binding recommendations to Member States in relation to the rules for the use of body scanners, shall they decide to continue trials or apply more stringent measures in relation to the use of body scanners in aviation security;
Amendment 20 #
2010/2154(INI)
Draft opinion
Paragraph 2 g (new)
Paragraph 2 g (new)
2g. Calls for a in depth analysis, evaluation and review of current security situation and procedures at airports, including the liquids regulation, and for an anticipation of the timetable related to the suspension of the ban on liquids and of the conditions foreseen in relation to the availability of screening technologies, while questioning the efficacy and high costs of the future procedures for systematic screening of liquids;
Amendment 21 #
2010/2154(INI)
Draft opinion
Paragraph 2 h (new)
Paragraph 2 h (new)
2h. Believes that the comitology procedure in the aviation security sector, at least for measures having an impact on citizens' rights, is inappropriate and calls for the EP to be fully involved through co- decision;
Amendment 26 #
2010/2154(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. PoUnderlintes to the fact that the use of body scanners is not restricted only to airports but also to other public places; urges therefore that the Commission present a proposal coverhat the obligation to respect the fundamental rights to privacy, data protection and health in relation to the use of body scanners applies wherever these are used and also outside of airports and in general in all public places where body scanners are or could be deployed and consequently calls on the Commission to monitor Member States practices ing the deployment and use of security scanners in places other than airportsis respect and ensure that the upcoming rules on the protection of citizens' rights to privacy, data protection, heath, non-discrimination are applied whenever body scanners are used;
Amendment 84 #
2010/2154(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Expects that the Commission will base its proposal on extensive independent and objective scientific information gathered among EU experts in the field and without interferences from the industry sector, Member States governments and third countries;
Amendment 89 #
2010/2154(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls the Commission, the Council and Committee responsible to substitute the words ‘security scanner(s)’ with the words ‘body scanner(s)’ where the scanners are used to screen persons, including in the title of the report, hereby avoiding inappropriate and unnecessary confusions and ambiguities;
Amendment 91 #
2010/0210(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Member States should have the possibility to applyrequire employers of seasonal workers to apply, in a timely and transparent manner, a test demonstrating that a post cannot be filled from within the domestic or the Union's labour market.
Amendment 143 #
2010/0210(COD)
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘single application procedure’ means a procedure leading, on the basis of one application for themade by au thorisation of a third- country nird-country national, or by his or her employer, for the authorisational's of residence and seasonal work in the territory of a Member State, to a decision ruling on theat application for a seasonal worker permit;
Amendment 167 #
2010/0210(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall require that the seasonal worker will have sufficient resources during his/her stay to maintain him/herself without having recourse to the social assistance system of the Member State concerned, based on the documentation provided as set out in paragraph 1 (a)-(d).
Amendment 173 #
2010/0210(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States may verifyshall require employers of seasonal workers to verify in a timely and transparent manner whether the vacancy concerned could not be filled by national or EU, or by third-country nationals lawfully residing in the Member State and already forming part of its labour market by virtue of EU or national law and to provide evidence on the outcome of this verification. In case the verification proves that the vacancy could be filled by either of the three categories, Member States shall reject the application.
Amendment 218 #
2010/0210(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall determine whether an application is to be made by the third- country national or by the employer. If the application is to be submitted by the third- country national, Member States shall allow the application to be introduced from a third country or, if provided for by national law, on the territory of the Member State in which he or she is already legally present.
Amendment 226 #
2010/0210(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. The seasonal worker permit shall be a single document. Member States may indicate additional information related to the employment relationship of the third- country national in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) 1030/2002 and point 16 of its Annex I as amended by Regulation (EC) 380/2008.
Amendment 261 #
2010/0210(COD)
Proposal for a directive
Article 14
Article 14
Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an adequate standard of living equivalent to the standard of living for nationals who work on a seasonal basis and/or other Union seasonal workers. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration.
Amendment 53 #
2010/0209(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 61 #
2010/0209(COD)
Proposal for a directive
Recital 13
Recital 13
(13) As intra-corporate transfers consist of temporary migration, the applicant should provide evidence that the third- country national will be able to transfer back to an entity belonging to the same group and established in a third country at the end of the assignment. That evidence may consist of the relevant provisions under the work contract. An assignment letter should be produced providing evidence that the third- country national manager or specialist possesses the professional qualifications needed in the Member State to which they have been admitted to occupy the post or the regulated profession.
Amendment 136 #
2010/0209(COD)
Proposal for a directive
Article 3 – point k
Article 3 – point k
(k) ‘single application procedure’ means the procedure leading, on the basis of one application for themade by au thorisation of a third- country nird-country national, or by the host entity, for the authorisational's of residence and work in the territory of a Member State, to a decision ruling on theat application for a intra corporate transferee permit;
Amendment 144 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 155 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – point iii
Article 5 – paragraph 1 – point c – point iii
Amendment 209 #
2010/0209(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall determine whether an application is to be made by the third- country national or by the host entity. If the application is to be submitted by the third-country national, Member States shall allow the application to be introduced from a third country or, if provided for by national law, on the territory of the Member State in which he or she is already legally present.
Amendment 211 #
2010/0209(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The application shall in principle be considered and examined only when the third- country national is residing outside the territory of the Member State to which admission is sought. In case of the renewal of the permit it shall also be possible, if provided for by national law, to consider and examine the application from within the territory of the Member State in which he or she is already legally present.
Amendment 213 #
2010/0209(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The application shall be lodged to the authoritiescompetent authority, as referred to in paragraph 4, of the Member State where the intra-corporate transfer mainly takes place.
Amendment 221 #
2010/0209(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The period of validity of the intra- corporate transferee permit shall be at least one year or the duration of the transfer to the territory of the Member State concerned, whichever is shorter, and may be extended to a maximum of three years for managers and specialists and one year for graduate trainees. After the period of validity ends it shall be possible to renew the intra-corporate transferee permit through a new application, following the provisions of Article 10 and Article 5.
Amendment 226 #
2010/0209(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. The intra-corporate transferee permit shall be a single document. Member States may indicate additional information related to the employment relationship of the third-country national in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) 1030/2002 and point 16 of its Annex I as amended by Regulation (EC) 380/2008.
Amendment 249 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Third-country nationals who have been granted an intra-corporate transferee permit in a first Member State, who fulfil the criteria for admission as set out in Article 5 and who apply for an intra-corporate transferee permit in another Member State shall be allowed to work in any other entity established in that Member State and belonging to the same group of undertakings and at the sites of clients of that host entity if the conditions set out in Article 13(4) are fulfilled, on the basis of the residence permit issued by the first Member State and the additional document provided for in Article 11(4), provided that:.
Amendment 253 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 258 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 274 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The maximum duration of the transfer to the European Union shall not exceed three years for managers and specialists and one year for graduate trainees. After this period has extended the intra-corporate transferee permit it should be possible to renew the intra-corporate transferee permit through a new application, following the provisions of Article 10 and Article 5.
Amendment 8 #
2009/2241(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that EU accession to the ECHR will provide the Union’s citizens with an additional mechanism for enforcing their rights, namely the possibility of lodging a complaint with the European Court of Human Rights (ECtHR) in relation to an act or failure to act by an EU institution or a Member State implementing EU law and falling at the same time within the remit of the ECHR. Stresses, however, that this does not alter the present system of jurisdiction of the Court of Justice of the European Union (ECJ), and that the requirement that all domestic judicial remedies should have been exhausted will remain the condition for the eligibility of any application; underlines in this context that it will be necessary to ensure that Member States' courts refer cases to the ECJ when there is an arguable fundamental rights issue at hand;
Amendment 12 #
2009/2241(INI)
Draft opinion
Paragraph 7 – introductory words
Paragraph 7 – introductory words
7. Points out that there are a number of legal, technical and institutional issues which are still outstanding and which will have to be addressed in the mandate to be adopted under Article 218 TFEU, as well as in the negotiations with the Council of Europe on accession to the ECHR. The most sensitive of them includeInvites the Commission and the Council to make sure that:
Amendment 13 #
2009/2241(INI)
Draft opinion
Paragraph 7 – indent 1
Paragraph 7 – indent 1
– the fact that the scope of the accession ishould be precisely defined in the mandate; the EU should also accede, at the least,all accede to all those Additional Protocols to the ECHR which complement the rights enshrined in the ECHR and which have already been ratified by all the EU Member States, thus forming part of the EU’s human rights corpuor the Charter of Fundamental Rights, thus forming part of the EU’s human rights corpus. In this regard, also invites Member States to speed up their signature and ratification - as well as to review their declarations and reserves - in relation to the ECHR and its Protocols. Furthermore, the accession to the revised European Social Charter should be taken into consideratioforeseen;
Amendment 16 #
2009/2241(INI)
Draft opinion
Paragraph 7 – indent 2
Paragraph 7 – indent 2
– the need for the EU’sEU is properly representationed and participationes in the Council of Europe’s bodies to be clarified; although with the accession to the ECHR the EU will not become a member of the Council of Europe, it shouldall be represented on the same footing as the other parties on all those bodies where as a result of the accession EU matters are affected, while the European Parliament should be represented in the procedure to elect a judge to the ECtHR; such as the Council of Ministers at least when supervising the execution of judgements, and at least the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), the Commission for the Efficiency of Justice (CEPEJ), the European Commission against Racism and Intolerance (ECRI) and the Steering Committee for Human Rights (CDDH), while the European Parliament shall be called to give its consent to the nomination of the three EU candidates for the post of judge in the ECtHR and be represented in the Council of Europe Parliamentary Assembly, namely on the occasion of the election of the EU judge to the ECtHR; the EU permanent, full- time judge shall also participate in the ECtHR on an equal footing, while a co- respondent mechanism has to be set so as to comply with the principle of autonomous interpretation of EU law;
Amendment 18 #
2009/2241(INI)
Draft opinion
Paragraph 7 – indent 3
Paragraph 7 – indent 3
– the need for relations between the ECJ and the ECtHR to bare refined, leaving the two courts the necessary flexibility to determine how best to cooperate in order to achieve an enhanced regular dialogue. This could, in addition, contribute to the development of the abovementioned case- law system;
Amendment 20 #
2009/2241(INI)
Draft opinion
Paragraph 7 – indent 4
Paragraph 7 – indent 4
– the need for the problems faced by the ECtHR to bare dealt with and relieved through EU support; EU accession to the ECHR, rather than diminishing its effectiveness, should lead to an improved system of implementation of the subsidiarity principle, and thus to fewer repetitivprompt and full execution of ECtHR judgments by the Member States and the EU by ensuring that, on the basis of the applications at of the ECtHR; this in turn would relieve the burden on the ECtHR itself. It is of the utmost importance that the right balance should be struck between provision of access to the additional remedy and the needsubsidiarity principle, Member States and EU institutions properly abide to the human rights obligations they have contracted to by accessing the ECHR and address structural problems through reforms, hereby leading to fewer and less repetitive applications at the ECtHR; this in turn would relieve the burden on the ECtHR itself, so as to avoid overloading of the ECtHR. Welcomes the fact, therefore, that the accession of the EU will coincide with the reform of the ECtHR;
Amendment 23 #
2009/2241(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Underlines that, as the accession to the ECHR concerns not only the EU institutions, but also the Union’s citizens, the European Parliament should be consulted and involved throughout the negotiation process, and should be associated and immediately and fully informed at all stages of the negotiations, as provided for in Article 218(10) TEU;
Amendment 13 #
2009/2213(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas a new administration has taken office in the United States, raising great expectations,
Amendment 51 #
2009/2213(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Reiterates its belief that the internal stability of many Latin American partner countries continues to depend on state reform, which must include participation in the decision-making process by all indigenous populations and other minorities, so as to prevent discrimination of all kinds and foster the preservation of their cultures and traditions, as this will help to enrich societies further and strengthen democratic governability;
Amendment 62 #
2009/2213(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recommends coordination of the stances to be taken in the various forums for dialogue on the environment and climate change, with particular reference to the UN; deplores the failure to reach an agreement on climate change in Copenhagen in December 2009, and hopes that more tangible results will be forthcoming at the summit in Mexico in 2010; calls for meetings of the environment ministers of both regions to continue, following the first such meeting held in Brussels in March 2008;
Amendment 77 #
2009/2213(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Trusts that the opening of a serious and rigorous dialogue on topics linked to science, technology and innovation may boost the creation of a Euro-Latin American area of innovation and knowledge, with the agreement on innovation concluded with Chile being taken as an example to follow;
Amendment 105 #
2009/2213(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that the subregional partnership agreements currently being negotiated should be concluded and regrets the fact that some of those agreements are currently and for various reasons in a state of paralysis, but warns that, where there are unbridgeable differences of opinion, alternative solutions should be sought - without losing sight of the overall strategic vision - in order not to isolate those countries that wish to establish closer political, commercial and social relations with the EU;
Amendment 31 #
2009/2161(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Draws attention to its resolutions, as well as its oral questions with debates, in 2009 and 2010 on specific fundamental rights such as privacy, personal dignity and data protection, freedom of thought, conscience and religion, freedom of expression and information, press freedom, non-discrimination and the use of minority languages, freedom of movement of EU citizens, on Roma issues, on discrimination against same-sex marriages, and on the illegal detention of prisoners; stresses that all these resolutions reflect the spirit of the Charter, show its clear commitment to the everyday protection of fundamental rights, and send political messages to European citizens, Member States and the EU institutions;
Amendment 37 #
2009/2161(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Draws attention to its resolutions, as well as its oral questions with debates, in 2009 and 2010 on specific fundamental rights such as privacy, personal dignity and data protection, freedom of thought, conscience and religion, freedom of expression and information, press freedom, non- discrimination and the use of minority languages, on Roma issues, on discrimination against same-sex marriages, and on the illegal detention of prisoners; stresses that all these resolutions reflect the spirit of the Charter, show its clear commitment to the everyday protection of fundamental rights, and send political messages to European citizens, Member States and the EU institutions;
Amendment 60 #
2009/2161(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that promotion of respect for the core values of the EU constitutes common ground in the Union's relations with third countries, and stresses that the Charter is applicableEU is bound by the Charter also in this regardspect; underlines the fact that, within the new institutional structure of the EU, the European External Action Service (EEAS) offers an opportunity to enhance coherence and effectiveness in the sphere of external policy, and therefore calls for a human- rights-based approach to the service's structure, resources and activity;
Amendment 65 #
2009/2161(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reaffirms that EU accession to the ECHR will provide an additional mechanism for enforcing human rights, namely the possibility of lodging a complaint with the ECtHR in relation to an act, or a failure to act, by an EU institution or a Member State implementing EU law, falling within the remit of the ECHR; and that ECtHR case law will thus provide significantextra input for current and future EU action on civil liberties, justice and home affairs in addition to the CJ's case law in this field;
Amendment 73 #
2009/2161(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to raise awareness of the benefits of accession to the ECHR and of the requirements to be fulfilled, by developing guidelines on the adequate application and the effects of this additional mechanism so that excessive expectations on the part of EU citizens can be avoidedin order to ensure that it can efficiently and effectively be used by EU citizens;
Amendment 111 #
2009/2161(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Reminds the Member States of their duty to provide the Commission, as guardian of the treaties, with reliable data and facts, when requested;
Amendment 112 #
2009/2161(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Suggests to complement the infringement and the fundamental rights proceedings with a procedure by which contested national policies and practices, falling within the remits of EU law and fundamental rights (and applying exceptions and/or derogations to European rights and freedoms) will immediately be frozen until the Commission decides upon the formal launching of the infringement and/or fundamental rights proceedings and reaches a formal decision on their lawfulness and compatibility with European law and fundamental rights;
Amendment 116 #
2009/2161(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the importance of the Commission's annual monitoring of compliance with the Charter, and notes that its monitoring reports should contain an assessment of the implementation of the various rights and an evaluation of the most contentious issues and of the situation of the most vulnerable groups in the Union; recommends the dissemination of goodbest practices to the Member States;
Amendment 126 #
2009/2161(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Suggests that the Commissioner responsible for Justice, Fundamental Rights and Citizenship be invited regularly to the meetings of itParliament's Committee of Civil Liberties, Justice and Home Affairs to exchange views on current issues and developments related to fundamental rights, in the form of an ongoing dialogue;
Amendment 132 #
2009/2161(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Council to adapt to the changes required by the Treaty and to comply with the Charter when legislating; therefore welcomes the establishment of aCouncil's standing Working Party on Fundamental Rights, Citizens Rights and Free Movement of Persons and hopes that this new body will work transparently and efficiently;
Amendment 138 #
2009/2161(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for enforcement of itsrespect of Parliament's right to democratic scrutiny based on the treaties; insists on the necessity of enhancing transparency and access to documents between EU institutions, in order to develop more effective interinstitutional cooperation on matters related to fundamental rights; underlines itParliament's role in evaluating the work of other EU institutions when assessing developments in the field (e.g. through annual reports), combining as it does political messages with a facts-based approach;
Amendment 143 #
2009/2161(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reaffirms the fact of the CJ's enhanced role in ensuring that all EU institutions, agencies and Member States implementing EU law apply the Charter accordingly, and notes that this will enable the CJ to strengthen and further develop its case law on fundamental rights; stresses the need for enhanced cooperation between national courts, the CJ and the ECtHR in furthering the development of a coherent system of case law in the field;
Amendment 153 #
2009/2161(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Emphasises that the FRA constitutes a guarantee of the ongoing protection of fundamental rights within the Union and that it should therefore have adequate resources for its increased tasks following the implementation of the Charter; points out that its monitoring role should extend to the acceding countries; reiterates itParliament's request to be fully associated in revising the multi-annual programme of the FRA;
Amendment 155 #
2009/2161(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that the main task of the FRA is to provide the decision-making institutions with facts and data on matters related to fundamental rights and that, to this end, it collects and analyses information and data, as well as raising awareness by carrying out scientific research and surveys based on thorough methodologies, publishing thematic and annual reports and networking and promoting dialogue with civil society; welcomes its 2009 annual report and its approach of providing a comparative overview and highlighting good practice in the 27 Member States;
Amendment 160 #
2009/2161(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the fact that the EU and the Member States share competenceobligations in the field of the implementation and/or enforcement of human and fundamental rights, in their respective spheres of responsibility, in accordance with the principle of subsidiarity, and that this shared responsibility and competence represents both an opportunity and a right, as well as an obligation on the part of the Member States and of EU institutions; highlights the enhanced role of the national parliaments provided by the Treaty of Lisbon and supports the establishment of a formal ongoing dialogue between the European Parliament and national parliaments;
Amendment 170 #
2009/2161(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Reaffirms its right to annually issue a report on the situation of fundamental rights in the EU, hereby not refraining itself from naming and shaming EU institutions, agencies or Member States if deemed necessary;
Amendment 171 #
2009/2161(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Suggests that ways be found for EU institutions and agencies to cooperate better with international organisations committed to the protection of fundamental rights and freedoms, and to make better use of, and more effectively channel, the results of experience in the field;
Amendment 173 #
2009/2161(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the EU institutions to exploit the full potential of the Memorandum of Understanding between the Council of Europe and the EU, in the interests of greater synergy and consistency at European level, and suggests that better use be made of the expertise of the human- rights monitoring mechanisms, standards and findings developed by Council of Europe, thus avoiding duplication of work; reaffirms the need for the Union to be more involved in the work of the Council of Europe Commissioner for Human Rights;
Amendment 176 #
2009/2161(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the EU Member States to sign up to, and ratify, the core Council of Europe and United Nations human-rights conventions and the additional optional protocols: among others, the European Social Charter (revised), the UN Convention relating to the Status of Refugees, the Framework Convention for the Protection of National Minorities, the European Charter for Regional or Minority Languages, the UN Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, and the Convention on the Elimination of All Forms of Discrimination against Women; furthermore, suggests that, in the European legislative process, more account be taken of international documents and more reference made to them;
Amendment 189 #
2009/2161(INI)
Motion for a resolution
Paragraph 35 – introductory part
Paragraph 35 – introductory part
35. Recalls, therefore, all its resolutions and debates on fundamental-rights issues in 2009 and 2010, which have shown that there are many outstanding issues and specific cases of violation of fundamental rights, which require urgent steps, mid- term strategies and long-term solutions; such as:
Amendment 193 #
2009/2161(INI)
Motion for a resolution
Paragraph 35 – indent 1
Paragraph 35 – indent 1
– protecting the four fundamental freedoms as the basic EU achievements, with specific attention to the freedom of movement of EU citizens,
Amendment 202 #
2009/2161(INI)
Motion for a resolution
Paragraph 35 – indent 2
Paragraph 35 – indent 2
– protecting data and privacy, including transfer and storage of financial and personal data, both within and outside the EU, and promoting the right balance between individual freedoms and collective security challenged by new forms of terrorism,
Amendment 210 #
2009/2161(INI)
Motion for a resolution
Paragraph 35 – indent 4
Paragraph 35 – indent 4
– protecting the rights of victims, an policy area in which EU-wide legislation is required,
Amendment 225 #
2009/2161(INI)
Motion for a resolution
Paragraph 35 – indent 6
Paragraph 35 – indent 6
– prohibiting and eliminating all forms of discrimination against a large number of minorities, by adopting a horizontal legislative anti-discrimination instrument addressing all forms of discrimination,
Amendment 237 #
2009/2161(INI)
Motion for a resolution
Paragraph 35 – indent 7 a (new)
Paragraph 35 – indent 7 a (new)
– setting up of a EU wide framework on procedural rights for suspects in criminal proceedings,
Amendment 22 #
2009/0802(CNS)
Draft legislative resolution
Paragraph 5
Paragraph 5
5. ShouldCalls the Council not to formally adopt the initiative not be adopted prior to the entry into force of the Treaty of Lisbon, is determined to consider any future proposal by urgent procedure, in close cooperation with the national parliaments; so as to allow the final act to be finalised ensuring a full role and control by the Court of Justice of the European Union, the Commission and Parliament (Protocol 36 to the Treaty of Lisbon on transitional provisions). This being the case is committed to considering any further proposal by urgent procedure.
Amendment 16 #
2009/0104(CNS)
Proposal for a regulation – amending act
Recital 5 a (new)
Recital 5 a (new)
Amendment 19 #
2009/0104(CNS)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) This process of visa liberalisation should serve as a reference for defining relations with the Eastern partners of the European Union and particularly with Moldova, a country in which there has recently been a significant democratic shift.
Amendment 8 #
2008/2184(INI)
Motion for a resolution
Citation 12
Citation 12
– having regard to European Court of Justice (ECJ) rulings related to free movement of persons, such as cases C- 127/08 (Metock case), C-33/07 (Jipa case), and C- 524/06 (Huber case) relating to European citizenship and free movement,
Amendment 9 #
2008/2184(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the draft interim report entitled "Comparative study on the application of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States" requested by its Committee on Legal Affairs and delivered by the European Citizen Action Service (ECAS);
Amendment 16 #
2008/2184(INI)
Motion for a resolution
Paragraph J
Paragraph J
J. whereas the Commission's report identifies, among many others, two main persistent breaches of the core rights of Union citizens, and particularly the right of entry and residence of third-country family members and the requirement for Union citizens to submit with their applications for residence additional documents, such as work permits and evidence of satisfactory accommodation, not provided for in Directive 2004/38/EC,
Amendment 56 #
2008/2184(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to fully implement the rights granted under Article 2 and Article 3 of Directive 2004/38/EC not only to different sex spouses, but also to registered partners, members of the household and partners, including same- sex couples and irrespective of nationality, on the basis of the principles of mutual recognition, equality, non-discrimination, dignity, private and family life; in this regard, calls the Commission to issue strict guidelines, in addition drawing on the analysis and conclusions contained in the Fundamental Rights Agency report, and to monitor these issues, particularly in the countries which do not recognize registered partnerships;
Amendment 66 #
2008/2184(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on Member States, while implementing the right to free movement, not to place unjustified administrative burdens on Union citizens and their family members, including third-country family members, that are not expressly provided for in Directive 2004/38/EC, as these are contrary to EC law and an unjustified obstacle to the exercise of a freedom conferred directly by the EC Treaty, which is not dependent on their having completed administrative procedures; reminds Member States of their duty to facilitate administrative practices linked to the exercise of the right to free movement;
Amendment 77 #
2008/2184(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5. Calls on the Commission, the Council and all Member States to ensure that national authorities do not discriminate against Union citizens on the basis of nationality or ethnic origin in the application of the right of free movement and residence, as nationals of certain Member States and ethnic communities appear to be targeted in some Member States, either in public speeches by politicians and government officials, or in the disproportionate number of expulsions ordered;
Amendment 3 #
2008/2173(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Urges all Member States and stakeholders to use the optional PEGI (Pan European Game Information) system, already applied in the majority of the Member States, which gives entertainment software an age rating in order to ensure that minors are not exposed to games which are unsuitable for them;
Amendment 7 #
2008/2173(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to simplify the symbols used in the PEGI system so that it can be more easily understood byand stakeholders to assist comprehension of the symbols used in the PEGI system, particularly for parents;
Amendment 78 #
2008/2157(INI)
Proposal for a recommendation
Paragraph 20
Paragraph 20
20. Calls on the Agency to inform the European Parliament on agreements signed with third countries and to publish evaluation reports on joint operations; the information published in those reports should not contain confidential data that may affect ongoing operations.
Amendment 4 #
2008/2144(INI)
Proposal for a recommendation
Paragraph 1 - point b
Paragraph 1 - point b
(b) assist Member States in improving their legislation as variations in the age of sexual consent in different countries hinder the development of common legal instruments on the sexual exploitation of children as well as the extraterritorial cooperation among Member States in this field;
Amendment 7 #
2008/2144(INI)
Proposal for a recommendation
Paragraph 1 - point c
Paragraph 1 - point c
Amendment 8 #
2008/2144(INI)
Proposal for a recommendation
Paragraph 1 - point c a (new)
Paragraph 1 - point c a (new)
(ca) to urge Member States to criminalise all types of sexual abuse of children;
Amendment 16 #
2008/2144(INI)
Proposal for a recommendation
Paragraph 1 - point f - indent 5
Paragraph 1 - point f - indent 5
- criminalisation of knowingly attending pornographic performances involving children and intentionally causforcing children to witness sexual abuse or activities;
Amendment 19 #
2008/2144(INI)
Proposal for a recommendation
Paragraph 1 - point f - indent 6
Paragraph 1 - point f - indent 6
- criminalisation of providers of paedophile chat rooms or Internet paedophile fora;
Amendment 28 #
2008/2144(INI)
Proposal for a recommendation
Paragraph 1 - point f - indent 10
Paragraph 1 - point f - indent 10
Amendment 34 #
2008/2144(INI)
Proposal for a recommendation
Paragraph 1 - point g
Paragraph 1 - point g
Amendment 9 #
2008/2123(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Requests that the Commission finances a study to compare Member States' legislation on vulnerable adults and protection measures to confirm where legal issues could occur, and what measures would be needed at the EU or Member States level to solve any such issues; the study should also address the issue of institutionalised adults with intellectual disabilities as regards their guardianship and the possibility for them to exercise their legal rights; calls on the Commission to organise a series of conferences for legal professionals directly involved in such cases and to take into account the results of the study, opinion of professionals in future legislation.
Amendment 10 #
2008/2063(INI)
Draft opinion
Paragraph 17 - point d
Paragraph 17 - point d
d) the setting up of the European Public Prosecutor to improve Eurojust.eleted
Amendment 11 #
2008/2063(INI)
Draft opinion
Paragraph 17 - point d a (new)
Paragraph 17 - point d a (new)
da) the drawing up of a Green Paper on European criminal law regarding jurisdiction based on which the European Public Prosecutor may subsequently be established.
Amendment 1 #
2008/2031(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that in cases of grave violations of human rights and democratic principles, where governments show no commitment to dialogue with the international community and all other measures have failed, sanctions are an important policy tool; considers that given their potential negative side effects, sanctions should only be applied as a measure of last resortfter all other less coercive means for exerting influence have proven ineffective;
Amendment 2 #
2008/2031(INI)
Draft opinion
Paragraph 1a (new)
Paragraph 1a (new)
1a. Believes that stronger mechanisms are needed at EU level in order to check and ensure that the EU’s restrictive measures are implemented by all Member States;
Amendment 3 #
2008/2031(INI)
Draft opinion
Paragraph 1b (new)
Paragraph 1b (new)
1b. Underscores that in countries subject to EU restrictive measures humanitarian aid must be delivered in strict conformity with the humanitarian principles affirmed by the EU Consensus on Humanitarian Aid (i.e. those of humanity, neutrality, impartiality and independence);
Amendment 4 #
2008/2031(INI)
Draft opinion
Paragraph 1c (new)
Paragraph 1c (new)
1c. Commits its parliamentary bodies, specifically its standing and ad-hoc delegations, to use their contacts with parliaments in non-sanctioning countries to enhance understanding of existing EU sanctions regimes relevant to the region concerned and to examine possibilities for coordinated action for the promotion of human rights;
Amendment 7 #
2008/2031(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Council and the Commission to define, in close consultation with Parliament, a coherent policy strategy on sanctions; believes that this strategy must also establish principles and procedures which ensure that the positions of civil society and democratic opposition within the countries concerned are taken into account; underlines that based on this strategy, each individual case must be analysed with regard to the context and likely effectiveness before action is taken; considers that the strategy should also envisage emergency procedures to be applied in exceptional circumstances, when an immediate reaction that could have a predictable positive outcome is required from the EU;
Amendment 9 #
2008/2031(INI)
Draft opinion
Paragraph 7a (new)
Paragraph 7a (new)
7a. Underscores that sufficient time and resources, including staff specialised in human rights, must be invested by the Council and the Commission for the analyses preceding the design of sanctions and for the evaluation of sanctions and their effectiveness;
Amendment 112 #
2008/2031(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Urges that sanctions be systematically accompanied, in the context of a multifold strategy, by enhanced positive measures to support civil society, human rights defenders and all kinds of projects promoting human rights and democracy; calls for the thematic programmes and instruments (EIDHR, non-state actors, investing in people), including humanitarian aid, to contribute fully to achieving this objective;
Amendment 22 #
2008/0242(COD)
Amendment 23 #
2008/0242(COD)
2a. Calls on the Commission to reaffirm the principles laid down in Article 6 of Directive 95/46/EC of the European Parliament and of the Council1, which require, inter alia, that data be collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes and that data be kept for no longer than required for processing in connection with those purposes, and that those principles will also apply to Eurodac in the future.
Amendment 28 #
2008/0242(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Access to EURODAC data by Europol should be allowed only for specific cases, under specific circumstances and under strict conditions.
Amendment 30 #
2008/0242(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The procedure for taking fingerprints shall be determined and applied in accordance with the national practice of the Member State concerned and in accordance with the safeguards laid down in the Charter of Fundamental Rights of the European Union, in the Convention for the Protection of Human Rights and Fundamental Freedoms and in the United Nations Convention on the Rights of the Child and with regard to the fact that the best interests of children shall be the primary consideration of Member States in the application of this Regulation.
Amendment 32 #
2008/0242(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The results of the comparison should be immediately checked in the Member State of origin by a fingerprint expert. Final identification should be made by the Member State of origin in cooperation with the Member States concerned, pursuant to Article 32 of Regulation (EU) No [.../...] of the European Parliament and of the Council [establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person].
Amendment 33 #
2008/0242(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) Information received from the Central System relating to other data found to be unreliable should be erased as soon as the unreliability of the data is established.
Amendment 45 #
2008/0242(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 4
Article 24 – paragraph 1 – subparagraph 4
A common leaflet, drafted in clear, simple and understandable language, containing at least the information referred to in paragraph 1 of this Article and the information referred to in Article 4(1) of the Dublin Regulation shall be drawn up in accordance with the procedure referred to in Article 40(2) of the Dublin Regulation.
Amendment 46 #
2008/0242(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 5
Article 24 – paragraph 1 – subparagraph 5
Where a person covered by this Regulation is a minor, Member States shall provide the information in an age-appropriate manner. The best interests of children shall be the primary consideration of Member States when implementing this Article.
Amendment 74 #
2008/0242(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Agency, shall be responsible for the operational management of EURODAC. The Agency shall ensure, in cooperation with the Member States, that at all times the best available technologyiques, subject to a cost-benefit analysis, is used for the Central System.
Amendment 78 #
2008/0242(COD)
1. For the purposes laid down in Article 1(2), Member States shall designate the authorities which are authorised to access EURODAC data pursuant to this Regulation. Designated authorities shall be authorities of the Member States which are responsible for the prevention, detection or investigation of terrorist offences and other serious criminal offences. Designated authorities shall not include agencies or units responsible for intelligence relating to national security.
Amendment 87 #
2008/0242(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The verifying authority shall perform its duties and tasks independently and shall not receive instructions as regards the exercise of the verification.
Amendment 90 #
2008/0242(COD)
2a. The verifying authority shall perform its duties and tasks independently and shall not receive instructions as regards the exercise of the verification.
Amendment 94 #
2008/0242(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Temporary or permanent impossibility to provide usable fingerprints shall not adversely affect the legal situation of the individual. In any case, it cannot represent sufficient grounds to refuse to examine or to reject an international protection application.
Amendment 103 #
2008/0242(COD)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. Temporary or permanent impossibility to provide usable fingerprints shall not adversely affect the legal situation of the individual. In any case, it cannot represent sufficient grounds to refuse to examine or to reject an international protection application.
Amendment 107 #
2008/0242(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. Once the results of the comparison have been transmitted to the Member State of origin, the Central System shall forthwith: (a) erase the fingerprint data and other data transmitted to it pursuant to paragraph 1; and (b) destroy the media used by the Member State of origin for transmitting the data to the Central System, unless the Member State of origin has requested their return. Temporary or permanent impossibility to provide usable fingerprints shall not adversely affect the legal situation of the individual. In any case, it cannot represent sufficient grounds to refuse to examine or to reject an application for international protection.
Amendment 111 #
2008/0242(COD)
Amendment 116 #
2008/0242(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. In exceptional cases of urgency of the need to prevent an imminent danger associated with serious criminal or terrorist offences, the verifying authority may transmit the fingerprint data to the National Access Point for comparison immediately upon receipt of a request by a designated authority and only verify ex- post whether all the conditions of Article 20 or Article 21 are fulfilled, including whether an exceptional case of urgency actually existed. The ex-post verification shall take place without undue delay after the processing of the request.
Amendment 122 #
2008/0242(COD)
(ba) there is a substantiated suspicion that the perpetrator of a terrorist or other serious criminal offences has applied for international protection;
Amendment 124 #
2008/0242(COD)
(c) there is an overriding public security concern which makes proportionate the querying of a database registering persons with a clean criminal record, and there are reasonable grounds to consider that such comparison with EURODAC data will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question.
Amendment 129 #
2008/0242(COD)
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. However, access to EURODAC data by Europol shall be allowed only for specific cases, under specific circumstances and under the strict conditions provided for in Article 20(1).
Amendment 139 #
2008/0242(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) regarding the purpose for which his or her data will be processed within EURODAC including a description of the aims of the Dublin Regulation, in accordance with Article 4 of that Regulation and the fact that EURODAC may be accessed for law enforcement purposes.
Amendment 145 #
2008/0242(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The European Data Protection Supervisor shall ensure that all the personal data processing activities concerning EURODAC, in particular by the Agency and by Europol are carried out in accordance with Regulation (EC) No 45/2001 and this Regulation.
Amendment 148 #
2008/0242(COD)
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. Both the national and European supervisory authorities shall be provided with sufficient financial and personal resources to be able to supervise the use and access to Eurodac data adequately.
Amendment 151 #
2008/0242(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
Amendment 156 #
2008/0242(COD)
Proposal for a regulation
Article 34 – paragraph 2 – point a
Article 34 – paragraph 2 – point a
(a) physically protect data, including by making contingency plans for the protection of criticalrelevant infrastructure;
Amendment 159 #
2008/0242(COD)
(k) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation (self-auditing) and also near real-time observation of the system using specialized tools.
Amendment 160 #
2008/0242(COD)
Proposal for a regulation
Article 34 – paragraph 3 a (new)
Article 34 – paragraph 3 a (new)
3a. In cases of security incidents, Member States shall inform the Agency about the security incidents detected on their system. The Agency shall inform all stakeholders about security incidents. All parties shall collaborate during a security incident. National Supervisory authorities and the EDPS shall be informed about security incidents.
Amendment 162 #
2008/0242(COD)
Proposal for a regulation
Article 35
Article 35
Personal data obtained by a Member State or Europol pursuant to this Regulation from the EURODAC central database shall not be transferred or made available to any third country or international organisation or a private entity established in or outside the European Union. This prohibition shall be without prejudice to the right of Member States to transfer such data to third countries to which the Dublin Regulation applies. Personal data obtained by a Member State or Europol and processed further in national databases shall not be transferred or made available to any third country or international organisation or a private entity established in or outside the European Union.
Amendment 180 #
2008/0242(COD)
Proposal for a regulation
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
1a. Member States shall constantly update the information they have provided to the Commission. The Commission shall make this information available to the other Member States, Europol and the public via a constantly updated electronic publication.
Amendment 181 #
2008/0242(COD)
Proposal for a regulation
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2a. Europol shall constantly update the information it has provided to the Commission. The Commission shall make this information available to the other Member States, Europol and the public via a constantly updated electronic publication.
Amendment 14 #
2008/0182(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 78/855/EEC
Article 6
Article 6
In Article 6, the following paragraph iss shall be added: "Such publication shall not be required from a company if, for a continuous period beginning noat later thaneast one month before the day fixed for the general meeting which is to decide on the draft terms of merger, it makes available the draft terms of such merger on its own or on any other Internet site. Where a company makes use of this possibility it shall publish a reference that gives access to that Internet site on the central electronic platform referred to in Article 3(4) of Directive 68/151/EEC. That reference shall include the date of the publication of the draft terms of merger on the Internet site. Member States may determine the consequences of temporary disruption of access to the Internet site and temporary disruption of the central electronic platform, caused by technical or other factors. Access to the Internet site via the central electronic platform shall be free of charge."
Amendment 18 #
2008/0182(COD)
Proposal for a directive – amending act
Article 1 – point 5 (c)
Article 1 – point 5 (c)
Directive 78/855/EEC
Paragraph 4
Paragraph 4
"4. A company shall not be required to make the documents referred to in paragraph 1 available at its registered office if, for a continuous period beginning noat later thaneast one month before the day fixed for the general meeting, it makes them available on its Internet site. Paragraph 3 shall not apply if the Internet site gives shareholders the possibility to save which is to decide on the draft terms of merger, it makes them available on its Internet site. Where a company avails itself of this possibility, the Internet site shall permit the downloading and saving of an electronic copy of those documents, throughout the period referred to in this paragraph 1, throughout the period referred to in. Member States may determine the consequences of temporary disruption of access to the Internet site caused by technical or other factors. This paragraph shall be without prejudice to paragraph 13."
Amendment 23 #
2008/0182(COD)
Proposal for a directive – amending act
Article 2 – point 1
Article 2 – point 1
Directive 82/891/EEC
Article 4
Article 4
In Article 4, the following paragraph iss shall be added: "Such publication shall not be required from a company if, for a continuous period beginning noat later thaneast one month before the day ofixed for the general meeting which is to decide on the draft terms of division, it makes available the draft terms of division on its own or on any other Internet site. Where a company makes use of this possibility it shall publish a reference that gives access to that Internet site on the central electronic platform referred to in Article 3 (4) of Directive 68/151/EEC. That reference shall include the date of the publication of the draft terms of division on the Internet site. Member States may determine the consequences of temporary disruption of access to the Internet site and temporary disruption of the central electronic platform, caused by technical or other factors. Access to the Internet site via the central electronic platform shall be free of charge."
Amendment 27 #
2008/0182(COD)
Proposal for a directive – amending act
Article 2 – point 5 – point b
Article 2 – point 5 – point b
Directive 82/891/EEC
Paragraph 3
Paragraph 3
"Where a shareholder has consented to the use, by the company, of electronic means for conveying information, the companycopies may be provide the copiesd by electronic mail. However, paper copies shall be provided at the shareholder's request."
Amendment 28 #
2008/0182(COD)
Proposal for a directive – amending act
Article 2 – point 5 (c)
Article 2 – point 5 (c)
Directive 82/891/EEC
Paragraph 4
Paragraph 4
"4. A company shall not be required to make the documents referred to in paragraph 1 available at its registered office if, for a continuous period beginning noat later thaneast one month before the day ofixed for the general meeting, it makes them available on its Internet site. Paragraph 3 shall not apply if the Internet site gives shareholders the possibility to save which is to decide on the draft terms of division, it makes them available on its Internet site. Where a company makes use of this possibility, the Internet site shall permit the downloading and saving of an electronic copy of those documents, throughout the period referred to in this paragraph 1, throughout the period referred to in. Member States may determine the consequences of temporary disruption of access to the Internet site caused by technical or other factors. This paragraph shall be without prejudice to paragraph 13."
Amendment 29 #
2008/0182(COD)
Proposal for a directive – amending act
Article 3 – point 1
Article 3 – point 1
Directive 2005/56/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
In Article 6(1), the following subparagraph iss shall be added: "A publication in accordance with the first subparagraph shall not be required from a company if, for a continuous period beginning noat later thaneast one month before the day ofixed for the general meeting which is to decide on the common draft terms of cross-border merger, the company makes available the common draft terms of such merger on its own or on any other Internet site. Where a company makes use of this possibility it shall publish a reference that gives access to that Internet site on the central electronic platform referred to in Article 3 (4) of Directive 68/151/EEC. The reference shall include the date of the publication of the common draft terms of cross-border merger on the Internet site. Member States may determine the consequences of temporary disruption of access to the Internet site and temporary disruption of the central electronic platform, caused by technical or other factors. Access to the Internet site via the central electronic platform shall be free of charge."
Amendment 8 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 5
Recital 5
(5) Performers generally start their careers young and the current term of protection of 50 years with regard to performances fixed in phonograms and for phonogramthe fixation of performances often does not protect their performances during their entire lifetime. Therefore, performers face an income gap at the end of their lifetimes. They are also often not able to rely on their rights to prevent or restrict objectionable uses of their performances that occur during their lifetimes.
Amendment 17 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) The term of protection for fixations of performances and for phonogramrecordings should therefore be extended to 95 years after publication of the phonogramrecording and the performance fixed therein. If the phonogramrecording or the performance fixed in a phonogramtherein has not been published within the first 50 years, then the term of protection should run for 95 years from the first communication to the public.
Amendment 35 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 13
Recital 13
(13) Those monies should be reserved solely for the benefit of performers whose performances are fixed in a phonogram and who have transferred their rights to the phonogram producer against a one-off payment. The monies set aside in this manner should be distributed to non- featured performers at least once a year on an individual basis. Member States may requishould ensure that distribution of those monies is entrusted to collecting societies representing performers. When the distribution of those monies is entrusted to collecting societies, nNational rules on non-distributable revenues may be applied.
Amendment 45 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 16 a (new)
Recital 16 a (new)
(16a) A third accompanying transitional measure should be a 'clean slate', in order to rebalance the contractual arrangements whereby performers transferred their exclusive rights to a producer against payment of a recurring remuneration. To this end, Member States should take appropriate legislative measures so as to ensure that the full contractual royalty or remuneration rate, unencumbered by advance payments or contractually defined deductions, be paid to the performers concerned in the extended period.
Amendment 52 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 19 a (new)
Recital 19 a (new)
Amendment 59 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2006/116/EC
Article 3 – paragraph 1 – sentence 2
Article 3 – paragraph 1 – sentence 2
However, - if a fixation of the performance otherwise than in a phonograph is lawfully published or lawfully communicated to the publichas been lawfully published within this period, the said rights shall expire 950 years from the date of the first suchlawful publication or the first such communication to the public, whichever is the earlier, - if a fixation of the performance in a phonograph is lawfully published or. If no lawful publication has taken place within the period mentioned in the first sentence, and if a fixation of the performance has been lawfully communicated to the public within this period, the said rights shall expire 95 years fromafter the date of the first such publication or the first suchlawful communication to the public, whichever is the earlier.
Amendment 74 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 1
Article 10a – paragraph 1
1. In the absence of clear indications to the contrary, a contract, concluded before [insert date before which Member States are to transpose the amending directive, as mentioned in Article 2 below], whereby a performer has transferred or assigned his rights in the fixation of his performance to a phonogram producer (hereinafter: a "contract on transfer or assignment"), shall be deemed to continue to produce its effects beyond the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive], the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogramrecording.
Amendment 82 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4 –subparagraph 2
Article 10a – paragraph 4 –subparagraph 2
Amendment 96 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 –subparagraph 1
Article 10a – paragraph 6 –subparagraph 1
6. If, after the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram producer ceases to offer copies of the phonogram for sale in sufficient quantity or to make it available to the public, by wire or wireless means, in such a way that members of the public may access them from a place ant at a time individually chosen by them, the performer may terminate the contract on transfer or assignment. Where a phonogram contains the fixation of the performances of a plurality of performers, they may terminate their contracts on transfer or assignment only jointeither jointly or individually. If the contract on transfer or assignment is terminated pursuant to sentences 1 or 2, the rights of the phonogram producer in the phonogram shall expire.
Amendment 101 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 –subparagraph 2
Article 10a – paragraph 6 –subparagraph 2
If, onfive years after the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram is not made available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, the rights of the phonogram producer in the phonogram and the rights of the performers in relation to the fixation of their performance shall expire.
Amendment 103 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 a (new)
Article 10a – paragraph 6 a (new)
6a. Member States shall take appropriate measures so as to ensure that the full contractual royalty or remuneration rate, unencumbered by advance payments or contractually defined deductions, be paid, in the extended period, to performers whose exclusive rights have been transferred to a producer against payment of a recurring remuneration.
Amendment 20 #
2008/0047(COD)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7a) The programme established by this Decision should be aimed at creating an educational package for teachers, carers and parents which should consist of training materials (manuals, video presentations, interactive games, etc.) and pedagogical tools (handouts for teachers, internet portal for exercises, etc.) which, being tailored to specific national requirements, should use, among others, the best educational practices of the different Member States and should involve other elements of the programme.
Amendment 23 #
2008/0047(COD)
Proposal for a decision
Article 1 - paragraph 1 a (new)
Article 1 - paragraph 1 a (new)
1a. For the purpose of this Decision "children" shall mean persons under 15 years of age.
Amendment 24 #
2008/0047(COD)
Proposal for a decision
Annex I - Actions - Introductory part- paragraph 1
Annex I - Actions - Introductory part- paragraph 1
The objective of the programme is to promote safer use of the Internet and other communication technologies, particularly for children, and to fight againstreducing illegal content and harmful conduct online.
Amendment 28 #
2008/0047(COD)
Proposal for a decision
Annex I - Actions - Section 2 - paragraph 3
Annex I - Actions - Section 2 - paragraph 3
3. Stimulating the involvement of children and young people in creating a safer online environment. Actions will aim to involve children and young people with the aim of better understanding their views and experiences concerning the use of online technologies and on how to promote a safer online environment for children. This involvement shall be regularly exercised within the framework of activities such as the European Forum on the Rights of the Child, the Safer Internet Forum and others.
Amendment 31 #
2008/0047(COD)
Proposal for a decision
Annex I - Actions - Section 3- paragraph 2
Annex I - Actions - Section 3- paragraph 2
2. Providing contact points and hotlines where parents and children can receive answers to questions about how to stay safe online. Activities will be aimed at empowering users to make informed and responsible choices by providing them with advice on relevant information and precautions to be taken to remain safe online.
Amendment 4 #
2007/2217(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the EU election observation activities can be regarded as a fully-fledged tool of EU external action only if they are structurally linked to an overall EU action geared to a particular country and region and when their preparation and follow- up are adequate;
Amendment 10 #
2007/2217(INI)
Draft opinion
Paragraph 4a (new)
Paragraph 4a (new)
4a. Suggests that, in line with the above point, the European Parliament should explore ways and means of assisting newly elected parliaments in carrying out their work, with a special focus on developing countries. In order to initiate this support and emphasise its ties with the democratically elected legislature, the European Parliament could send a delegation to the inaugural session of a new parliament whose election has been observed;
Amendment 17 #
2007/2217(INI)
Draft opinion
Paragraph 6a (new)
Paragraph 6a (new)
6a. Notes that electronic voting is a recent development in electoral processes with a noteworthy impact on election observation assessments; therefore calls on the Commission to develop guidelines for the observation of such particular voting experienced in several countries all over the world.
Amendment 13 #
2007/0228(CNS)
Proposal for a directive
Recital 20 c (new)
Recital 20 c (new)
(20c) The EU should develop a comprehensive and coherent strategy to overcome the likely negative effects of the migration of highly qualified workers in developing countries. This strategy should focus on investing in the training of highly qualified human resources, especially in health and education, and on assisting developing countries to retain highly skilled workers at home. The European Training Foundation has the potential to be active in training human resources in such specific sectors, especially in Sub-Saharan Africa.
Amendment 16 #
2007/0228(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) Specific reporting provisions should be foreseen to monitor the implementation of the highly qualified scheme, also with a view to identifying and possibly counteracting its possible impacts in terms of brain drain in developing countries, especially in Sub-Saharan Africa. Data on the professions, age, gender and the nationality of highly qualified immigrants admitted by Member States should therefore be transmitted annually by Member States through the network created for these purposes by Council Decision 2006/688/EC of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration.
Amendment 21 #
2007/0228(CNS)
Proposal for a directive
Article 22 − paragraph 3
Article 22 − paragraph 3
3. Annually, and for the first time no later than 1 April of [one year after the date of transposition of this Directive], Member States shall communicate to the Commission and the other Member States through the network established by Decision 2006/688/EC statistics on the volumes of third-country nationals who have been granted, renewed or withdrawn an EU Blue Card during the previous calendar year, indicating their nationality, age, gender and their occupation. Statistics on admitted family members shall be communicated likewise. For holders of the EU Blue Card and members of their families admitted in accordance with the provisions of Articles 19 to 21, the information provided shall in addition specify the Member State of previous residence.