928 Amendments of Timothy KIRKHOPE
Amendment 43 #
2016/0002(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Council Framework Decision 2009/315/JHA
Article 4 a – paragraph 3
Article 4 a – paragraph 3
3. Any alteration or deletion of the information referred to in paragraph 1 shall immediately entail identical alteration or deletion of the information stored in accordance with paragraph 1 and contained in the index-filter created in accordance with paragraph 2 by the central authority of the convicting Member State and shall entail updating the information contained in the index-filter stored in all other Member States.
Amendment 15 #
2015/2340(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Insists on the need for the EU to enhance police and judicial cooperation between Member States and with third countries in the investigation and prosecution of trafficking in human beings (THB), in particular via Europol and Eurojust, including information sharing particularly with regard to known trafficking routes, participation in Joint Investigation Teams and in combating recruitment of people for THB through the internet and other digital means; calls for such cooperation to be enhanced through the use of the Instrument for Stability, through ongoing benchmarks for candidate countries; and through ongoing discussions of the ACP, and EUROMED;
Amendment 24 #
2015/2340(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission and the Member States to ensure that law enforcement personnel, including agencies such as Frontex, are provided with adequate training in THB, with an emphasis on the special needs of trafficked women, children and other vulnerable groups and on how to provide incentives and adequate protection for victims of THB and for others to report traffickers; calls on Member States to work with third countries in developing and issuing specific guidelines which can help aid consular services and border guards in the identification of victims of human trafficking;
Amendment 30 #
2015/2340(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on EU and Member State law enforcement agencies to reinforce their capacities as regards financial investigation and prosecution of individuals and criminal networks that profit from THB and to ‘follow the money’ as a key strategy in their work; stresses the need to address the profits made from human trafficking, as they are often used to fund other forms of serious criminal activity such as terrorism;
Amendment 33 #
2015/2340(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Asks that the European Commission, the European Council and External Action Service in their negotiations with third countries for international agreements, readmission agreements and cooperation agreements, places an emphasis on the need for third countries to effectively combatting human trafficking, increase prosecutions for perpetrators and enhancing protection for victims;
Amendment 54 #
2015/2340(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that trafficked peoplersons are victims of crime, and should benefit from protection regardless of their willingness to cooperate with the law enforcement authorities; considers it essential that, after conducting a comprehensive risk assessment on the viability of the return of a victim of THB, a residence permit should be granted to those victims and theirtherefore, calls upon the EU, its Member States and third countries to ensure that they have access to legal representation, victims protection, and rehabilitation famcilies whose safety upon return to their country of origin might not be guaranteed; calls on the Commission to review Directive 2004/81/EC, including by raising the minimum validation time of a residence permit; stresses that any return must always be consistent with the principle of non-refoulementties; stresses that in this regard more needs to be done across the EU to protect the victims of trafficking and to ensure that perpetrators are punished;
Amendment 66 #
2015/2340(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to ensure that victims of THB and their family members have access to free legal aid and counselling, including in criminal, civil or migration proceedings; uUnderlines the need for a special and focused THB approach and protection for vulnerable groups such as refugees, people with disabilities and children, including unaccompanied minors from third countries.
Amendment 12 #
2015/2254(INL)
Motion for a resolution
Citation 4
Citation 4
— having regard to Article 4(3) TEU, Article 295 TFEU and, Protocol No 1 on the role of national parliaments in the European Union, and Protocol No 2 on the application of the principles of subsidiarity and proportionality
Amendment 13 #
2015/2254(INL)
Motion for a resolution
Citation 4
Citation 4
— having regard to Article 4(3) and 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union,
Amendment 35 #
2015/2254(INL)
Motion for a resolution
Citation 11
Citation 11
– having regard to the publications of the European Union Agency for Fundamental Rights (FRA), including the proposed European Fundamental Rights Information System (EFRIS) in the FRA paper 'Fundamental rights in the future of the European Union's Justice and Home Affairs', 31 December 20131 , __________________ 1 http://fra.europa.eu/sites/default/files/fra_s ubmission_on_the_future_of_eu_justice.pd f
Amendment 49 #
2015/2254(INL)
Motion for a resolution
Citation 19
Citation 19
Amendment 58 #
2015/2254(INL)
Motion for a resolution
Citation 20
Citation 20
Amendment 60 #
2015/2254(INL)
Motion for a resolution
Citation 21
Citation 21
Amendment 115 #
2015/2254(INL)
Motion for a resolution
Recital E
Recital E
E. whereas the definition of core values and principles is a living and permanent process, and while those values and principles may evolve over time, theyreinforces our union of sovereign nations and must be protected against short termism and ad hoc changes as a result of different political majorities;
Amendment 130 #
2015/2254(INL)
Motion for a resolution
Recital F
Recital F
F. whereas respect for cultural diversity and national traditions may not impede a uniform and high level ofare key elements in the protection of democracy, rule of law and fundamental rights (DRF);
Amendment 170 #
2015/2254(INL)
Motion for a resolution
Recital K
Recital K
K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation, and whereas all Member States should therefore be assessed on a regular basis in order to verify their continued compliance with the Union's common valuesvalues on which the Union was founded;
Amendment 179 #
2015/2254(INL)
Motion for a resolution
Recital L
Recital L
L. whereas there are few instruments to correct legislative and executive policy decisions by the institutions of the Union, and these should be tested to be fit for purpose before new mechanisms are created;
Amendment 210 #
2015/2254(INL)
Motion for a resolution
Recital S
Recital S
S. whereas some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that; and the Union has the authority to ensure compliance;
Amendment 230 #
2015/2254(INL)
Motion for a resolution
Recital U
Recital U
U. whereas recent developments have shown it is urgentit is necessary to revise and integrate existing mechanisms and develop an effective mechanism to ensure Treaty principles and values are upheld throughout the Union;
Amendment 240 #
2015/2254(INL)
Motion for a resolution
Recital V
Recital V
V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing; respecting the principle of subsidiarity; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;
Amendment 267 #
2015/2254(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end of 2016, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;
Amendment 278 #
2015/2254(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as the three main institutions of the Union with respect to the subsidiarity principle;
Amendment 282 #
2015/2254(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well asshould apply only to the three main institutions of the Union;
Amendment 304 #
2015/2254(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 375 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 4
Paragraph 9 – indent 4
- Abolition ofStrengthening Article 51 of the Charter of Fundamental Rights, and the conversion of the Charter into a Bill of Rights of the Union;
Amendment 380 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 5
Paragraph 9 – indent 5
- ReviewMaintaining the unanimity requirement in areas relating to respect for and protection and promotion of fundamental rights, such as equality and non-discrimination;
Amendment 391 #
2015/2254(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Confirms that the recommendations must respect fundamental rights and the principle of subsidiarity;
Amendment 415 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 10
Annex – Citation 10
– having regard to the publications of the European Union Agency for Fundamental Rights (FRA), including the proposed European Fundamental Rights Information System (EFRIS) in the FRA paper 'Fundamental rights in the future of the European Union's Justice and Home Affairs', 31 December 20131, ____________________ 1http://fra.europa.eu/sites/default/files/fra _submission_on_the_future_of_eu_justic e.pdf
Amendment 425 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 18
Annex – Citation 18
Amendment 428 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 19
Annex – Citation 19
Amendment 431 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 20
Annex – Citation 20
Amendment 434 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 21
Annex – Citation 21
Amendment 436 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 24
Annex – Citation 24
Amendment 444 #
2015/2254(INL)
Motion for a resolution
Annex – Recital 4
Annex – Recital 4
(4) Whereas elaborating definitions, standards and benchmarks regarding DRF is not a one-off decision but, rather, a permanent and interactive process based on broad public debate and consultation, regular review and the sharing of best practicshould be monitored by the Commission and the Member States;
Amendment 445 #
2015/2254(INL)
Motion for a resolution
Annex – Recital 5
Annex – Recital 5
(5) Whereas only a mechanism that has broad support of Union citizens and allows them to take ownership of the process canmay be effective;
Amendment 453 #
2015/2254(INL)
Motion for a resolution
Annex – Recital 7
Annex – Recital 7
(7) Whereas there are several instruments for addressing the risk of a serious breach of Union values but they lack clear and objective benchmarks;
Amendment 456 #
2015/2254(INL)
Motion for a resolution
Annex – Article 1
Annex – Article 1
The core values and foundational principles of the Union, namely democracy, the rule of law and fundamental rights (DRF), shall be upheld throughout the Union in a Union Pact on DRF, which shall consist of the definition, elaboration, monitoring and enforcement of those values and principles, and apply to both which are overseen by the Commission in conjunction withe Member States and the institutions of the Union;
Amendment 458 #
2015/2254(INL)
Motion for a resolution
Annex – Article 2
Annex – Article 2
The core elements of the Union Pact on DRF shall consist of the DRF Scoreboard, the DRF Semester, including an annual inter-parliamentary debate on the basis of that Scoreboard, and arrangements for remedying possible risks and breaches and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union and consultative arrangements for remedying possible risks and breaches;
Amendment 464 #
2015/2254(INL)
Motion for a resolution
Annex – Article 3
Annex – Article 3
The DRF Semester shall be expanded to incorporate the Commission's Rule of Law Framework and the Council's Rule of Law Dialogue into a single Union instrument;
Amendment 467 #
2015/2254(INL)
Motion for a resolution
Annex – Article 4
Annex – Article 4
An annual scoreboard on the state of DRF in the Member States shall be elaborcreated by the Commission in consultation with an independent panel of experts and adopted by the Commission;
Amendment 482 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – indent 5
Annex – Article 6 – indent 5
Amendment 484 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – indent 7
Annex – Article 6 – indent 7
Amendment 492 #
2015/2254(INL)
Motion for a resolution
Annex – Article 7
Annex – Article 7
The DRF Scoreboard shall contain a general part and country-specific reports, including recommendations.
Amendment 494 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – introductory part
Annex – Article 8 – introductory part
The Scoreboard shall be based on a set of indicators in three categories, presented in a harmonised format and accompanied by country-specific report set by the Commission in consultation with agencies and stakeholders.
Amendment 500 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.1
Annex – Article 8 – point 8.1
Amendment 509 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.2
Annex – Article 8 – point 8.2
Amendment 522 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – introductory part
Annex – Article 9 – introductory part
The assessment of the state of DRF in the Member States, as well as the development of country-specific draft recommendations, shall be carried out by a broad and representative panel of independent experts ('DRF expert panel')relevant and appropriate representatives, on the basis of a quantitative and qualitative review of the data and information available.
Amendment 528 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.1
Annex – Article 9 – point 9.1
The DRF expert panel shall be composed of the following members: – one independent expert designated by each Member State; – ten– experts designated by the European Network of National Human Rights Institutions (ENNHRI); – two experts each designated by the Venice Commission and the Council of Europe Human Rights Commissioner; – ten former judges designated by CEPEJ; – two experts each designated by the United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).
Amendment 537 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.2
Annex – Article 9 – point 9.2
9.2 The DRF expert panel shall be chaired by the President of the FRA Scientific CommitteeCommission.
Amendment 547 #
2015/2254(INL)
Motion for a resolution
Annex – Article 10 – introductory part
Annex – Article 10 – introductory part
Amendment 559 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 1
Annex – Article 11 – indent 1
– The draft DRF Scoreboard, including draft country-specific recommendations, shall be developed annually by the DRF expert panel;
Amendment 561 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 2
Annex – Article 11 – indent 2
– The DRF expert panel shall assess the data and information available and allocate green, yellow and red scores to each of the DRF indicators for each of the Member States or institutions of the Union under scrutiny.;
Amendment 567 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 3
Annex – Article 11 – indent 3
– The draft DRF Scoreboard and draft country-specific recommendations shall in principle be made publically available;
Amendment 574 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 4
Annex – Article 11 – indent 4
– The Commission shall formally adopt the DRF Scoreboard and country- specific reports, including recommendations, and refer them to the Member States, the European Parliament and the Council as a basis for the DRF Semester.
Amendment 578 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – introductory part
Annex – Article 12 – introductory part
The adoption of the DRF Scoreboard by the Commission shall initiate the DRF Semester, which shall aim at addressing the results of the DRF Scoreboard and recommendations included in country- specific reports, through the following steps:
Amendment 585 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 1
Annex – Article 12 – indent 1
– the European Parliament shall hold an inter-parliamentary debate on the basis of the DRF Scoreboard, and adopt a resolution;
Amendment 593 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 3
Annex – Article 12 – indent 3
– on the basis of the DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together;
Amendment 598 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 4
Annex – Article 12 – indent 4
– on the basis of the DRF Scoreboard, the recommendations ofafter consulting the European Parliament and the Council conclusions, the Commission may decide to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice under Article 70 TFEU.
Amendment 607 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.1
Annex – Article 12 – point 12.1
12.1 On the basis of the DRF Scoreboard, if a Member State has a green score oncomplies with all indicators, no further action shawill be necessarytaken.
Amendment 611 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.2
Annex – Article 12 – point 12.2
12.2 On the basis of the DRF Scoreboard, if a Member State receivesfalls short on one or more yellow scores, the Commission shall commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.
Amendment 616 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.2.1
Annex – Article 12 – point 12.2.1
12.2.1 Where a Member State has yellow scorefails on one third of the indicators, it shall be considered that there is a clear risk of a serious breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(1) TEU. The Commission, the Council and the European Parliament and the Council shall each discuss the matter and take a reasoned decision, which in principle shall be made public.
Amendment 617 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.3
Annex – Article 12 – point 12.3
12.3 On the basis of the DRF Scoreboard, where a Member State receives one or more serious failured scores, the Commission will start a dialogue with that Member State, taking into account the country specific report.
Amendment 623 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.3.1
Annex – Article 12 – point 12.3.1
12.3.1 In case a Member State has red scorserious breaches on more than one quarter of the indicators, or if it has red scorserious breaches on one or more indicators over a period of at least two years, or if despite a dialogue with the Commission or an Article 7(1) procedure the number of bred scoraches increases, it will be considered that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, and the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall in principle be made publically available.
Amendment 627 #
2015/2254(INL)
Motion for a resolution
Annex – Article 13
Annex – Article 13
The DRF Scoreboard shall expire five years after its entry into force, unless the signatories decide to renew it for a period to be determined by thembe reviewed annually to assess its effectiveness.
Amendment 635 #
2015/2254(INL)
Motion for a resolution
Annex – Article 14 – introductory part
Annex – Article 14 – introductory part
Amendment 639 #
2015/2254(INL)
Motion for a resolution
Annex – Article 14 – point 14.1
Annex – Article 14 – point 14.1
Amendment 642 #
2015/2254(INL)
Motion for a resolution
Annex – Article 15
Annex – Article 15
An interinstitutional impact assessment working group ('Working Group') shall be set up with a view to improving interinstitutional cooperation on impact assessments, and creating a fundamental rights and rule of law compliance culture. The panel shall consult with national experts at an early stage so as to better foresee the implementation challenges in Member States, as well as to help overcome different interpretations and understandings by the different institutions of the Union as regards the impact of fundamental rights and rule of law on legal acts of the Union. The Working Group shall build upon the "Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies", 5377/15, Tool #24 from the Better Regulation Toolbox and Rule 38 of the Rules of Procedure of the European Parliament to ensure DRF compliance and promotion.
Amendment 646 #
2015/2254(INL)
Motion for a resolution
Annex – Article 16 – introductory part
Annex – Article 16 – introductory part
The annual reports of the Commission, the Council and the European Parliament relating to enforcement and compliance with the rule of law and fundamental rights by the institutions of the Union shall be included in the annual DRF policy cycle of the DRF Scoreboard:; namely application of Charter of Fundamental Rights, EU law and Regulation (EC) No 1049/2001 of the European Parliament and of the Council1a: ____________________ 1a Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
Amendment 647 #
2015/2254(INL)
Motion for a resolution
Annex – Article 16 –indent 1
Annex – Article 16 –indent 1
Amendment 648 #
2015/2254(INL)
Motion for a resolution
Annex – Article 16 –indent 2
Annex – Article 16 –indent 2
Amendment 649 #
2015/2254(INL)
Motion for a resolution
Annex – Article 16 –indent 3
Annex – Article 16 –indent 3
Amendment 2 #
2015/2233(INI)
Draft opinion
Recital A
Recital A
A. whereas the Union is bound by the Charter of Fundamental Rights of the European Union (the Charter), including Article 8 thereof on the right to the protection of personal data, and by Article 16 of the Treaty on the Functioning of the European Union (TFEU) on the same fundamental right, as a key pillar of EU primary law which must be fully respected by all international agreements; acknowledges that the legal traditions and systems of the United States and the European Union are different, and therefore should pursue agreements based on adequacy and equivalence of the differing systems, rather than a replication of European standards;
Amendment 5 #
2015/2233(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas TISA is intended to create an open and fair level playing field for companies operating overseas; allowing the opening up of markets in order to provide economic growth and jobs for the EU, whereas high data protection standards in the transfer of personal data are important in to ensure trust and further investment in sectors such as digital and telecommunications;
Amendment 11 #
2015/2233(INI)
Draft opinion
Recital E
Recital E
E. whereas ongoing negotiations on international trade agreements, including the Trade in Services Agreement (TiSA), also touch upon international data flows while excluding privacy and data protection entirely, which will be discussed in parallel;
Amendment 16 #
2015/2233(INI)
Draft opinion
Recital F
Recital F
F. whereas the draft US text on e- commerce for the TiSA would undermine EU rules and safit is important that the EU and the US reach a compromise reguards foring the transfer of personal data to third countries which fully respects the privacy and protection of personal data; whereas Parliament reserves the right to express its opinion after consulting any future text proposals and drafts of the TiSA agreement;
Amendment 23 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point a
Paragraph 1 – point a
Amendment 31 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point b
Paragraph 1 – point b
(b) to incorporate, as a key priority, a comprehensive and unambiguous horizontal self-standing provision, based on Article XIV of the General Agreement on Trade in Services (GATS), that fully exempts the existing and future EU legal framework for the protecin the core text of TiSA, an exemption, notwithstanding any other part of the agreement, allowing for the protection of the privacy of individuals in relation to the processing and dissemination of personal data fromand the agreement, without any condition that it must be consistent with other parts of the TiSAprotection of confidentiality of individual records and accounts, and to ensure that the agreement does not preclude the enforcement of exceptions for the supply of services which are justifiable under the relevant World Trade Organisation rules (Articles XIV and XIVbisa of the GATS);
Amendment 34 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point c
Paragraph 1 – point c
(c) to ensure that personal data can be transferred outside the Union only if the provisions on third-country transfers in EU data protection laws are complied with; to negotiate on provisions which touch upon the flow of personal data only if the full application of EU data protection rules is guaranteed and respectedso long as equivalent EU data protection standards are provided for under an international agreement or mechanism;
Amendment 41 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point d
Paragraph 1 – point d
Amendment 45 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point e
Paragraph 1 – point e
(e) to keep in mind that EU rules on the transfer of personal data may prohibit the processing of such data in third countries if they do not meet the EU adequacy standard; to insist that any requirements for the localisation of data processing equipment and establishments be in line with EU rules on data transfers; to cooperate with third countries in the appropriate settings with a view to adopting adequate high data protection standards around the world;
Amendment 19 #
2015/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for measures to tackle illegal content on the internet that will be in compliance with the fundamental right to freedom of expression and information; considers that, in order to achieve that goal, it is necessary to provide appropriate law enforcement tools, to support public- private partnerships and cooperation, to consider the role of intermediaries and to promote education and awareness-raising campaigns; stresses the need for special measures to combat the sexual exploitation of children online and for steps to be taken to ensure that any illicit content is promptly removed and reported to law enforcement authorities;
Amendment 46 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the fact that the fast-growing number of attacks on networks and acts of cybercrime calls for a harmrobust responised EU response from EU member states with a view to ensuring a high level of cybersecurity; believes that providing security on the internet means protecting networks and critical infrastructure, the ability of law enforcement agencies to fight criminality, including terrorism, radicalisation and child pornography, and the use of the necessary data to fight crime online and offline; stresses that security, thus defined, is necessary to reinforce trust in digital services and the processing of personal data;
Amendment 69 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that big data, cloud services, the Internet of Things, research and innovation are key to economic development; believes that data protection safeguards and security are crucial for building trust in the data-driven economy sector; stresses the need to raise awareness of the role of data and data-sharing in the economy and to clarify data ownership rules; underlines the role of personalisation of services and products that should be developed as a balanced solution in compliance with data protection requirements; calls for the promotion of privacy by default and by design; underlines the importance of a risk-based approach in data protection legislation, especially for SMEswhich avoids unnecessary bureaucracy, especially for SMEs, provides legal clarity across the EU; stresses the need to establish a culture of data protection and privacy by design which accommodates the need to allow for innovation, economic growth and creativity to flourish without excessive regulation and bureaucracy;
Amendment 918 #
2015/2147(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses the need for Governments, law enforcement authorities and the IT companies in the private sector to work together in order to address the need of removing illegal content, including the protection of children online; within existing legal framework whilst respecting fundamental rights and the rule of law;
Amendment 937 #
2015/2147(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
Amendment 946 #
2015/2147(INI)
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26e. Acknowledges the ongoing concern of EU consumers about their privacy and the use of personal data, and the need to better outline the legal framework regarding an individual's right to exercise control over their own personal data; notes the importance of ensuring that data subjects are fully informed with accessible and clear information regarding the rights, rules and redress available to them with regard to the use of their data, stresses the need to raise awareness with the public on issues of data protection;
Amendment 968 #
2015/2147(INI)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Calls for the swift conclusion of the new Safe Harbour Agreement and the EU-US data protection Umbrella Agreement; Stresses that a workable and reliable framework for adequacy decisions, which is compatible with the EU data protection principles is important for both businesses and consumers;
Amendment 972 #
2015/2147(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Emphasises that actions taken by the Commission should be conformity with the legal competences of the EU, and respect the rights of Member States with regard to ensuring national security, and maintaining public security;
Amendment 13 #
2015/2128(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Encourages Member States to cooperate in the fight against fraud through existing instruments and agencies such as EUROPOL, EUROJUST, and OLAF; and to improve the cooperation and coherence between these bodies;
Amendment 20 #
2015/2128(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the importance of increasing the level of reporting of fraudulent activity across the whole EU in order to give a more accurate picture of the situation, and so that the necessary mechanisms and follow-up procedures can be put in place to more effectively address this issue;
Amendment 23 #
2015/2128(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s first Anti- Corruption Report and its recommendations to the administrations of the Member States, and calls on the Commission to publish its second Anti- Corruption Report no later than the beginning of 2016; in this regard stresses the importance of the Commission producing figures which accurately reflect the extent of fraudulent activity within the EU;
Amendment 35 #
2015/2118(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that a strong and coordinated approach to tackling the problem of human trafficking across the EU is essential in order to avoid forum shopping for criminal groups and individuals, who look to exploit the weaknesses in individual Member States' criminal systems;
Amendment 36 #
2015/2118(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls for greater cooperation between EUROPOL, national authorities and third countries in order to prevent the flow of trafficked persons into the EU;
Amendment 37 #
2015/2118(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on Member States to cooperate in better developing guidelines to help identify victims of trafficking in human beings, which can aid consular services and border guards on the identification of victims of trafficking in human beings;
Amendment 38 #
2015/2118(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls for Member States to work closely with EUROPOL and each other in order to investigate the financial aspects and the laundering of money in human trafficking cases; notes that the huge funds raised by human trafficking and exploitation fund other kinds of serious criminality and terrorism;
Amendment 46 #
2015/2118(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to establish as a criminal offence the use of trafficked servicesput in place strong criminal penalties for those crimes of human trafficking, modern slavery and exploitation; in accordance with Article 2(3) the term exploitation covers, as a minimum, sexual exploitation or prostitution, forced labour or services (including begging, slavery and exploitation of criminal activities) and the removal of organs; notes the low number of prosecutions and convictions of the crime of trafficking at a national level;
Amendment 52 #
2015/2118(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on Member States to cooperate in the exchange of best practice; and the exchange of information in the fight against human trafficking; through networks such as ECRIS, and through the work of EUROPOL and national authorities; calls in this regard for EUROPOL to be given the necessary resources in order to achieve this;
Amendment 59 #
2015/2118(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls for Member States to establish hotlines which victims of human trafficking and exploitation can seek assistance and advice; notes that such hotlines have proven successful in other areas such as radicalisation and child abduction;
Amendment 62 #
2015/2118(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls for Member States to put in place stronger penalties against employers and landlords who often facilitate human trafficking by further exploiting individuals; calls on Member States to take concrete steps to reduce the demand for and supply of services and goods by victims of trafficking in human beings; notes that alongside tough criminal penalties, there should also be a drive by Member States to raise awareness of human trafficking and modern slavery through information campaigns; asks that Member States and law enforcement authorities also strengthen their cooperation with labour, social, health and safety inspectors, as well as fisheries inspectors;
Amendment 65 #
2015/2118(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Calls on the EU and Member States to strengthen regional cooperation on trafficking in human beings along known routes such as from the East to the EU by using the Instrument for Stability, and the on-going continuing responsibilities of candidate countries;
Amendment 67 #
2015/2118(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Calls on Member States and the EU to collect and exchange reliable and detailed information regarding human trafficking;
Amendment 69 #
2015/2118(INI)
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Calls on Member States to combat human trafficking by clamping down on those individuals using the internet and social networks to both recruit and exploit individuals;
Amendment 130 #
2015/2095(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the current Visa Code already allows Member States to deviate from the normal admissibility criteria for a vissue visas based ‘on humanitarian grounds’ (Articles 19 and 25); however, notes that there is a application ‘on humanitarian grounds’ (Articles 19 and 25)clear distinction between legal and economic migration, on the one side, and those seeking refuge and asylum, on the other side;
Amendment 137 #
2015/2095(INI)
Motion for a resolution
Recital L
Recital L
L. whereas 86 % of the world’s refugee population is hosted by non-industrialised countries; and whereas criminal networks and smugglers exploit the desperation of people trying to enter the EU while fleeing persecution or war, and of people seeking a better life;
Amendment 142 #
2015/2095(INI)
Motion for a resolution
Recital M
Recital M
M. whereas safe and legal routes for refugees to access the EU are limited, and many continue to take the risk of embarking on dangerous routes; and whereas the creation of new safe and lawful routes for asylum seekers and refugees to enter the EU, building on existing legislation and practices, would allow the EU and the Member States to have a better overview of the protection needs and of the inflowmassive and uncontrolled influx of economic migrants and asylum seekers needs to be addressed first, before new legal routes into the EU cand to undermine the business model of the smugglers be explored;
Amendment 155 #
2015/2095(INI)
Motion for a resolution
Recital N
Recital N
N. whereas EU-third country cooperation is developed through political instruments such as regional dialogues, bilateral dialogues, common agendas for migration and mobility and mobility partnerships, through legal instruments such as migration clauses in ‘global agreements’, readmission agreements, visa facilitation agreements and visa exemption agreements, and through operational instruments such as Regional Protection Programmes (RPP), Regional Development and Protection Programmes (RDPP), Frontex working arrangements and EASO cooperation with third countries; notes that at present readmission agreements with a number of third countries are proving to be ineffective, and the EU should seek to be more ambitious in their implementation and the creation of further agreements following the Valletta Summit;
Amendment 192 #
2015/2095(INI)
Motion for a resolution
Recital T
Recital T
T. whereas the existing fragmentation of budget lines and responsibilities can make it difficult to provide a comprehensive overview of how funds are used, and even to quantify exactly how much the EU spends on migration; notes that EU funds often can be slow to access for Member States in crisis situations; notes that Member States should look to make contributions through allocating experts and assets on a bilateral basis in order support frontline Member States;
Amendment 200 #
2015/2095(INI)
Motion for a resolution
Recital U
Recital U
U. whereas the CEAS includes a set of common rules for a common asylum policy, a uniform asylum status and common asylum procedures valid throughout the Union; whereas, however, many alerts, including the infringement decisions adopted by the Commission, show that the CEAS has not been fully implemented in many Member States; whereas implementation is essential in order to harmonise national laws and promote solidarity among Member States, and to create a system which is fair, effective, and discourages secondary movement across the EU; whereas Member States can seek supporting assistance from EASO to meet the standards required by the CEAS; whereas harmonisation of reception conditions and asylum procedures can avoid stress on countries offering better conditions and are key to responsibility sharing;
Amendment 207 #
2015/2095(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the current mechanisms of the Dublin system have failed to be objective, to establish fair criteriaDublin system is the fundamental basis for allocating responsibility for applications for international protection and to provide swift access to protection; whereas the Dublin system is not being applied in practice, and explicit derogations have been adopted with two Council decisions on temporary relocation; and whereas the Commission has announced a proposal for a proper revision of the Dublin III Regulation by March 2016; whereas a good functioning Dublin Regulation with EU Member States being able to take on their responsibilities, is an essential component of the EU's asylum system;
Amendment 214 #
2015/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that solidarity must be the principle upon which Union action on migration is based; notes thatNotes the principle of solidarity, as set out in Article 80 TFEU, which covers asylum, immigration and border control policies; takes the view that Article 80 provides a legal basis ‘jointly’ with Articles 77-79 TFEU to implement the principle of solidarity in those areastresses that solidarity goes hand in hand with the responsibility of Member States to ensure that all EU rules which have been adopted are efficiently implemented; asks the European Commission to ensure that Member States are applying the EU acquis and asks, when necessary, that the Commission makes swift and effective use of infringement procedures; stresses that good implementation of the entire EU acquis is essential to stabilize the current crisis situation within the EU, and will be more effective than ad hoc decision- making regarding the implementation of EU law, or the creation of any new "magic bullet" laws;
Amendment 283 #
2015/2095(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Holds that any holistic approach to migration must necessarily contain measures aimed at disrupting, preventing, prosecuting and punishing the activities of criminal networks involved in the trafficking and smuggling of people; stresses that a robust EU standard should be established in order to avoid forum shopping on the part of smugglers and traffickers;
Amendment 322 #
2015/2095(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses that the EU must take action in order to disrupt human traffickers; but also the flow of money made as a consequence of this exploitative crime; notes that it is estimated that profits in excess of 20 billion euros are made from trafficking annually which often feeds into other kinds of criminality; notes that it is unfortunate that in a small number of cases, trafficking and smuggling of persons facilitates the entry of criminals; and therefore, it is essential that upon arrival all asylum seekers are fingerprinted under the EURODAC system and processed as soon as possible;
Amendment 346 #
2015/2095(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that Member States and the EU should continue to find ways to work with third countries, EUROPOL, and the EEAS in order to identify the modus operandi an routes of criminal groups; encourage third countries to lay down the strongest possible criminal sanctions against human traffickers and smugglers; and find effective ways of patrolling international waters and preventing the departure of trafficked vessels by assisting in their legal destruction;
Amendment 388 #
2015/2095(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that, for the purposes of the Relocation Decisions, relocation will cover only those nationalities for which the proportion of positive decisions granting international protection in the Union has been 75 % or more for the preceding three months, on the basis of Eurostat data; notes that the Relocation Decisions will affect a relatively small number of people, and will leave out the large numbers of applicants originating from other third countries who cannot be relocated under those decisions; stresses therefore that it is essential that all other elements of the EU's asylum system operate effectively, and that all those individuals who do not qualify to stay in the EU are returned immediately in line with due legal process and the EU acquis;
Amendment 488 #
2015/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that humanitarian admission can be used as a complement to resettlement in order to give urgent protection, often on a temporary basis, to the most vulnerable where needed, e.g. unaccompanied minors or refugees with disabilities; calls upon Member States to look to national provisions to provide temporary humanitarian protection;
Amendment 490 #
2015/2095(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 502 #
2015/2095(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Points out that humanitarian visas provide persons in need of international protection with means of accessing a third country in order to apply for asylum; calls on the Member States to make use of any existing possibilities to provide for humanitarian visas at Union embassies and consular offices in countries of origin or transit countries; however, stresses that humanitarian visas should be dealt with in a separate instrument, and not included in EU Visa laws;
Amendment 516 #
2015/2095(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Points out that further steps and better implementation are necessary to ensure that the CEAS becomes a truly uniform system;
Amendment 525 #
2015/2095(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls that a comprehensive assessment (in the form of the Commission’'s evaluation reports) of the implementation of this package, followed by a speedy follow-up in case implementation is unsatisfactory in certain Member States, is absolutely necessary in order to improve harmonisationthe asylum systems across all EU Member States;
Amendment 544 #
2015/2095(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Observes that the operation of the Dublin III Regulation10 has raised many questions linked to fairness and solidarity in the allocation of the Member State responsible for examining an application for international protection; notes that the current system does not take into sufficient consideration the particular migratory pressure faced by Member States situated at the Union’s external borders; believes that the European Union needs to accept the on-going difficulties with the Dublin logic, and to develop options for solidarity both among its Member States and the migrants concernedis under revision in order to increase its effectiveness and practicality during crisis situation; stresses however, that the basic principles of Dublin should not be changed regarding that an asylum seekers should be processed in the first Member State entered; stresses that this is essential in order to ensure proper processing, fingerprinting, the prevention of forum shopping and any possible pull factors; __________________ 10 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (OJ L 180, 29.6.2013, p. 31).
Amendment 552 #
2015/2095(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Points out that the pressure placed on the system – as established by the Dublin Regulation – by the rising number of migrants arriving in the Union has shown that, as implemented,some frontline E.U. Member States failed to take responsibility in putting the system – as established by the Dublin Regulation – in practice, and therefore theis system has largely failed to achieve its two primary goals of establishing objective and fair criteria for allocation of responsibility and of providing swift access to international protection;
Amendment 557 #
2015/2095(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Further points out that, at the same time, the incidence of secondary movements across the Union remains high; views it as self-evident that, since its creation, the Dublin system was not designed to share responsibility among Member States, but that its main purpose was to assign swiftly responsibility for processing an asylum application to a single Member State;
Amendment 568 #
2015/2095(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recommends that the criteria on which the Relocation Decisions are based should be built directly into the Union’s standard rules for allocating responsibility; emphasises that, in reviewing the Dublin Regulation, it is important to reflect on the value of describing certain asylum seekers as ‘applicants in clear need of international protection’, since those migrants and refugees who do not fall into that category would still – at least under the current system – have to be dealt with by the Member State of first arrivalRelocation Decisions and the Dublin Regulation are two separate instruments which should be undertaken at two separate stages; this is essential if both the Dublin Regulation and Relocation are to work effectively and expediently;
Amendment 582 #
2015/2095(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Takes the view that the European Union should support thfrontline Member States receiving the most asylum claims with proportionate and adequate financial and technical support; considers that the rationale of using solidarity and responsibility-sharing measures is to enhwith financial and technical support; and that Member States should ensure meaningful and sufficient assets, expertise, and finances the quality and functioning of the CEASo Agencies supporting frontline Member States; such as EASO and FRONTEX, especially in light of FRONTEX's proposed increased mandate;
Amendment 591 #
2015/2095(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 615 #
2015/2095(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 630 #
2015/2095(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Believes that the asylum systems of some frontline Member States are already clearly overburdened and that the Temporary Protection Directive should – under its own logic – have been triggered; calls, in any case, for a clear definition of ‘mass influx’ to be established upon revision of this directive; understands that such a revision of the Temporary Protection Directive can form part of the review of the Dublin system;
Amendment 672 #
2015/2095(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
Amendment 704 #
2015/2095(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Encourages the Member States to seek to keep familiimmediate family relatives together, which will assist integration prospects in the long-term as the focus can be directed towards the establishment of a new life instead of concerns towards family members that are still in insecure situations;
Amendment 739 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Understands that the safeStresses that at present the rate of return of s for those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEASrsons who do not qualify for asylum or refuge in the EU is far too low; thus overburdening the system and preventing genuine asylum seekers from receiving assistance and causing shortages in services and reception facilities in Member States; stresses that the safe return of individuals is part of EU law, as much as any other legal instrument which forms part of the EU acquis; calls for any practical obstacles in place to be removed, in order to better assist returns;
Amendment 851 #
2015/2095(INI)
Motion for a resolution
Paragraph 58 a (new)
Paragraph 58 a (new)
58 a. Stresses that EASO and FRONTEX should be able to independently assist in Member States failing to fulfil their legal obligations to ensure a functioning asylum system and external border control, under the instruction and monitoring of the Council and the European Commission, and that failure by the Member State involved to accept such assistance should lead to sanctions;
Amendment 854 #
2015/2095(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Observes that the EASO budget for 2015 for relocation, resettlement and the external dimension was a mere EUR 30 000; reiterates that this very small budget cannot be taken seriously in the light of current events in the Mediterranean and in the light of the multiple references made to EASO in the Relocation Decisions; recalls that significant increases in the budget of EASO, in its human resources and in the amounts it allocates in respect of relocation and resettlement, will be needed in the short, medium and long term; calls upon Member States to increase their contribution of resources and expertise;
Amendment 880 #
2015/2095(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Looks forward to negotiations on the proposal within and between the co- legislators in the context of the ordinary legislative procedure, in accordance with Article 294 TFEU; and calls for any European Border Guard to be sufficiently equipped with resources and a mandate which can effectively manage the deficiencies of guarding the external border at a Member State level;
Amendment 981 #
2015/2095(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Notes that the Commission is considering a revision of Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence; takes the view that anyone who provides dlifferent formse saving ofr humanitarian assistance to those in need should not be criminalised and that Union law should reflect that principle; but that individuals and organizations must not facilitate the illegal smuggling of individuals into the EU;
Amendment 987 #
2015/2095(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Underlines that another crucial step in dismantling criminal smuggling and trafficking networks is to prioritise financial investigations, as tracking and confiscating the profits of those criminal networks is essential if they are to be weakened and eventually dismantled; calls, in this regard, for the Member States to transpose swiftly and effectively the fourth Anti-Money Laundering Directive; and calls upon the European Commission to come forward with robust proposals in order to prevent, detect, and interrupt the flow of illicit money;
Amendment 1006 #
2015/2095(INI)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Acknowledges that the basic instrument that sets out the objectives of the Union’s external policies on migration, asylum and borders is the GAMM; takes note that various instruments exist under that umbrella, including regional dialogues, bilateral dialogues, mobility partnerships, common agendas for migration and mobility, readmission agreements, visa facilitation agreements, visa exemption agreements, RPPs and RDPPs; notes that the EU must be more ambitious in securing and implementing returns and readmission agreements, and leveraging its resources, such as expenditures under the European Neighbourhood Policy (ENP), in order to have third countries cooperating in taking back their own nationals who do not qualify for asylum in the EU;
Amendment 1046 #
2015/2095(INI)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86a. Stresses that the EU needs to encourage wealthy countries in conflict regions; and third countries across the globe, to offer resettlement and assist in providing aid and resources to those countries offering refugee in conflict regions; in order to discourage human trafficking; and prevent further loss of life through onward movement;
Amendment 1047 #
2015/2095(INI)
Motion for a resolution
Paragraph 86 b (new)
Paragraph 86 b (new)
86b. Stresses that the EU needs to act on supporting third countries offering refuge in conflict regions; both in terms of expertise and resources in order to ensure that there is not a "lost generation" of young people with no education or training;
Amendment 1095 #
2015/2095(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long term, greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as war, poverty, corruption, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe looks at how to help re-build those countries; points out that this means that the Commission and the Member States must put up the money to help build capacity in third countries, such as by facilitating investment and education, strengthening and enforcing asylum systems, helping to manage borders better, and reinforcing legal and judicial systems there; stresses that such investment is important in order to prevent "brain drain" from these countries; and to ensure that there is a young, educated, and ambitious workforce and society in the future;
Amendment 1131 #
2015/2095(INI)
Motion for a resolution
Paragraph 97 a (new)
Paragraph 97 a (new)
97a. Stresses that there should be a full and on-going assessment as to the effectiveness of EU funding and aid given to the third countries; and that the Commission should fully assess the impact of the money given in terms of stabilising the migrant crisis; stresses that there must be a clear and objective benefit for the EU and for asylum seekers;
Amendment 1142 #
2015/2095(INI)
Motion for a resolution
Paragraph 101 a (new)
Paragraph 101 a (new)
101a. Notes that outside of the formal budget structures of the EU; Member States should look to support each other through the donation of assets and expertise;
Amendment 1155 #
2015/2095(INI)
Motion for a resolution
Paragraph 104
Paragraph 104
Amendment 1162 #
2015/2095(INI)
Motion for a resolution
Paragraph 105
Paragraph 105
Amendment 1183 #
2015/2095(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
Amendment 1191 #
2015/2095(INI)
Motion for a resolution
Paragraph 111
Paragraph 111
Amendment 1201 #
2015/2095(INI)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111a. Takes the view that legal and economic migration and the EU jobs market should be dealt with entirely separately from the instruments intended to deal with asylum seekers and refuges; stresses that in order to have a quick and well-functioning system for both these areas it should be a two layered approach; points out that economic migrants and asylum seekers are two very different categories, which required individual and nuanced responses;
Amendment 1228 #
2015/2095(INI)
Motion for a resolution
Paragraph 117
Paragraph 117
117. Reiterates that special procedures to ensure facilitation of complaints foreseen by Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (the ‘Employers’ Sanctions Directive’) should be fully implemented and correctly applied in practice; believes that increased protection for those victims of trafficking, and for those smuggled into the Union, who cooperate and facilitate prosecution of traffickers and/or criminal smugglers, is necessary; suggests that, in addition, support should be given for the setting up of a European Business Coalition against Trafficking in Human Beings (as mooted in the 2014 Strategy against Trafficking in Human Beings) with the purpose of developing supply chains that do not involve trafficking in human beings;
Amendment 1233 #
2015/2095(INI)
Motion for a resolution
Paragraph 120
Paragraph 120
Amendment 1236 #
2015/2095(INI)
Motion for a resolution
Paragraph 120 a (new)
Paragraph 120 a (new)
120a. Stresses the importance of being respectful of Member States' competences;
Amendment 1238 #
2015/2095(INI)
Motion for a resolution
Paragraph 121
Paragraph 121
121. Believes, moreover, that it is clear that the directive should focus not just on the highly-qualified, but also on targeted high- qualification occupations where there are proven labour shortages; believes, in addition, that the revision of the Blue Card should be both ambitious and targeted, and should seek to remove the inconsistencies of the existing directive, particularly as regards parallel national schemes; recommends that thought be given to revising the scope to include those third-country nationals who could help tackle the gaps identified in EU labour markets;
Amendment 50 #
2015/2063(INI)
Motion for a resolution
Recital C
Recital C
C. whereas combating terrorism and preventing the radicalisation and recruitment of European citizens by terrorist organisations still falls essentially within the sphere of competence of the Member States, but whereas a concerted European approach is necessary to harmonise the legislation that applies in an area where European citizens are free to moveEuropean cooperation is essential for the efficient and effective exchange of information between law enforcement agencies in order to combat the cross border nature and threat posed by terrorists, particularly the threat of EU foreign fighters and the growing phenomenon of radicalisation;
Amendment 63 #
2015/2063(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a number of instruments already exist in Europe to address the radicalisation of European citizens and whereas the European Union and its Member States should show they are making full use of these tools and look to enhancing them in order to reflect the current challenges the EU and Member States face;
Amendment 82 #
2015/2063(INI)
Motion for a resolution
Recital F
Recital F
F. whereas European action is required as a matter of urgency to prevent the radicalisation and recruitment of European citizens in order to contain this growing phenomenon so as to stem the flow of departures by European citizens to conflict zones and prevent other terrorist acts from being committed on European soil and in third countries;
Amendment 91 #
2015/2063(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the important thing now is to put greater stress ona set of complimentary preventative rather thand reactive measures are needed in order to address the radicalisation of European citizens and their recruitment by terrorist organisations;
Amendment 101 #
2015/2063(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it is essential that fthe Charter of Fundamental rRights and civil libertiguarantees bthe respected in all measures undertaken by the European Unionight to liberty and to security; whereas the security of European citizens is not incompatible with guaranteeing their freedoms; whereas, indeed, these two principles are two sides of the same coin two principles must be balanced and work side by side in policies and initiatives in the prevention of radicalisation and the fight against terrorism;
Amendment 189 #
2015/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Supports the establishment of specialised European training for prison staff in order to teach them to detect radical behaviour; stresses the importance of appropriately training and recruiting prisonand persons who work within the prison service other than in a law enforcement chaplains so that they can not only adequately meet prisoners' cultural needs in prisons, but also counter radical discourseacity, in order to detect and counter radical behaviour and recruitment;
Amendment 205 #
2015/2063(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the establishment of educational programmes in Europe's prisons in order to promote critical thinking and reintegration into society to inmates vulnerable to pressure from radicals in prisonintegration into society and to prevent the radicalisation of inmates, and to offer special assistance to those that are young, vulnerable and more susceptible to radicalisation and recruitment;
Amendment 235 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet plays a significant role in fuelling the radicalisation of European citizens, as it facilitates the rapid, large-scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on young people, who are particularly vulnerable; calls for a dialogue to be launched at European level with the internet giants with a view to preventing the online distribution of hate messages and to eradicating them swiftly; notes that the internet provides specific challenges given its global and cross border nature, which can create legal gaps and jurisdictional conflicts thus allowing recruiters and those that are radicalised to communicate remotely and easily from all corners of the world with no physical borders, no need to establish a base and no need to seek sanctuary in a particular country; notes that national law enforcement authorities, EUROPOL and the European Cybercrime Centre need the resources and expertise to investigate and combat the often technologically sophisticated, well- funded, difficult to detect, and well mobilised online threat posed by terrorists;
Amendment 261 #
2015/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Feels that the internet giants should be made aware of their responsibilities so that they delete illegal content as quickly as possible; believes that the Member States should plan for the possibility of bringing criminal prosecutions against digital actors who do not take action in response to the spread of illicit messages or messages praising terrorism on their internet platforms; believes that refusal or failure to cooperate on the part of internet platforms which allow such messages to circulate should be considered an act of complicity with praising terrorism and should consequently be punished; notes that it is important that there is constructive and regular dialogue between social media companies, IT companies, community leaders, experts in radicalisation, law enforcement authorities and Governments in order to find solutions and cooperate;
Amendment 359 #
2015/2063(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that schools and education have an important role to play in preventing radicalisation; recalls the crucial role that schools play in helping to promote integration and develop critical thinking; calls on the Member States to investigate the possibility of introducing, where it does not already exist, education on religious issues in school and education on promoting tolerance and integration within society and communities;
Amendment 366 #
2015/2063(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the European UnionMember States to carry out a communication campaign to raise the awareness of young people, as well as supervisory staff, as regards issues of radicalisation; calls on the Member States to introduce specialist training for teaching staff so that they can detect any suspicious changes in behaviour and properly supervise young people who are at risk of being recruited by terrorist organisations;
Amendment 414 #
2015/2063(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the crucial importance of making all actors aware of their responsibility to prevent radicalisation, need to prevent radicalisation and the responsibility of Governments, communities and law enforcement authorities to take action against this phenomenon; whether at local, national, European or international level; encourages the establishment of close cooperation between all civil society actors, including at national and local platforms folevel, and to create greater cooperation between actors on the ground, such as associations, NGOs and families of victimsin order to support families of victims of terrorism, and support the families of those that have been radicalised; calls, in this regard, for the introduction of training adapted for the actors on the ground dealing with potentially radicalised European citizens;
Amendment 428 #
2015/2063(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Feels that those local actors and structures such as families, schools, hospitals and universities, have a crucial role to play in the development of projects adapted to their towns or organisations, in addition to their role as an integrating factor for those European citizens who feel at odds with society and tempted by radicalisation; feels that the Member States should support the establishment of structures facilitating, in particular, the supervision of young people, as well as exchanges with families, schools, hospitals, universities and so on; notes that such associations and organisations, which do not bear the mark of governments, sometimes achieve better results in reintegrating citizens who are on the path towards radicalisation into society;
Amendment 440 #
2015/2063(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers it vital to set up an alert system in each Member State which would allow families and community members to easily and swiftly flag the development of radical behaviour or a European citizen's departure to join a terrorist organisation; notes that in this regard, "hotlines" have been successful in this endeavour; and are encouraging the reporting of persons amongst friends and families suspected of being radicalised; and asks that Member States look into the possibility of establishing such a system;
Amendment 465 #
2015/2063(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates its desire to see the so-called ‘EU PNR' directive swiftly adopted before the end of 2015 in order to enable the movements of European citizens likely to adopt a terrorist ideology to be tracked; recalls, however, that the EU PNR will not be enoughis just one measure in the fight against terrorism; but that a holistic, ambitious and comprehensive strategy is required at both law enforcement and community level in order to prevent the recruitment of European citizens by terrorist organisations;
Amendment 474 #
2015/2063(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists on the absolute necessity of stepping up the expedient and effective exchange of information between the law enforcement authorities in the Member States; stresses that stepping up the exchange of information between law enforcement authorities will also entail reinforcing the role of European Union agencies, such as Europol and Eurojust;
Amendment 534 #
2015/2063(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates its belief that the European Union must step up its external border controls as a matter of urgency; stresses that it will be impossible to effectively track the departures or arrivals of European citizens unless mandatory and systematic controls are introduced on the European Union's external borders; states that, to this end, one of the European Union's priorities must be reforming the Schengen Code and in adopting the Smart Borders Package;
Amendment 199 #
2015/0310(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European Border and Coast Guard Agency should develop specific training tools and it should provide training at Union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third-country nationals illegally staying on the territory of Member States for officers of the competent national bodies. While developing training tools and providing trainings, special attention should be given to training on children’s rights. The Agency should be authorised to organise training activities in cooperation with Member States and third countries on their territory.
Amendment 243 #
2015/0310(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders with a view to reducing pressure at the EU’s external border, managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein.
Amendment 423 #
2015/0310(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Amendment 541 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where a Member State does not adopt the necessary corrective measures within the time-limit set, the Executive Director shall refer the matter to the Management Board and notify the Commission. The Management Board shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including the time-limit within which such measures shall be taken. If the Member State does not take the measures within the time-limit foreseen in that decision, further action mayshall be taken by the Commissionuncil in accordance with Article 18.
Amendment 557 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) deploy European Border and Coast Guard Teams in the framework of the migration management support teams at hotspot areas to conduct return operations;
Amendment 602 #
2015/0310(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. The Executive Director together with the host Member State shall draw up an operational plan as referred to in Article 15(3) immediately and in any event no later than three working days from the date of the decision., by making use of existing plans and procedures;
Amendment 609 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Executive Director, in coordination with other relevant Union Agencies, shall assess the request for assistance of a Member State and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union Agencies to be agreed upon by the Member State concerned. Teams shall include child protection experts when children are involved.
Amendment 618 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) providing assistance in the screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals and, where requested by the Member State, the fingerprinting of third- country nationals;
Amendment 624 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) the provision of information to persons in clear need of international protection or to applicants or potential applicants for relocation, giving particular attention to children;
Amendment 634 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. The Agency, in cooperation with the European Asylum Support Office, the Fundamental Rights Agency and other relevant Union Agencies and under the coordination of the Commission, shall ensure the compliance of these activities with the Common European Asylum System and fundamental rights. This includes the provision of shelter, hygienic conditions and facilities respecting women and children's needs in the hotspot areas.
Amendment 644 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commissionuncil by qualified majority, after consulting the Agency, mayshall adopt a decision by means of an implementing act, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2).
Amendment 657 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
On duly justified imperative grounds of urgency relating to the functioning of the Schengen area, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 79(5), only until the Council has taken a decision.
Amendment 684 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
7a. In the event that an EU Member State refuses to comply with the Council decision, all other EU Member States shall immediately have the right to re- establish internal border controls until full compliance is achieved, or the Member State leaves the Schengen Area;
Amendment 739 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) coordinate and / or organise the return-related activities of the Agency as set out in this Regulation;
Amendment 748 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The Agency may make use of the financial means of the Union which are available in the field of return. The Agency shall ensure that in its grant agreements with Member Statesthe authorities of third countries that any financial support is conditional upon the full respect for the Charter of Fundamental Righconclusion of readmission agreements.
Amendment 806 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, relevant international law, including the United Nations Convention on the Rights of the Child, Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy, with particular attention to children's rights so as to ensure that the best interests of the child is respected in all operations.
Amendment 818 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The European Border and Coast Guard shall, in the performance of its tasks, take into account the special needs of children, in particular unaccompanied minors and children with disabilities, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 827 #
2015/0310(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The Agency shall draw up and further develop a Code of Conduct applicable to all border control operations coordinated by the Agency. The Code of Conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on children, unaccompanied minors and persons in a vulnerable situation, as well as on persons seeking international protection, applicable to all persons participating in the activities of the Agency.
Amendment 832 #
2015/0310(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Agency shall, in cooperation with the appropriate training entities of the Member States, develop specific training tools, including child specific measures when children are involved, and provide border guards and other relevant staff who are members of the European Border and Coast Guard Teams with advanced training relevant to their tasks and powers. Experts from the staff of the Agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.
Amendment 906 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 1 – introductory part
Article 46 – paragraph 1 – introductory part
1. Calls on Member States to ensure the regular and accurate update of EU databases including the Schengen Information System and the European Criminal Records Information System, so that all available information can be utilised by the FRONTEX agency in order to ensure the security of the EU's external border and the good functioning of the Schengen area. The use by the Agency of personal data collected and transmitted to it by the Member States or by its own staff in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teams shall be limited toinclude:
Amendment 921 #
2015/0310(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
Amendment 927 #
2015/0310(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1 a (new)
Article 51 – paragraph 1 – subparagraph 1 a (new)
Individuals seeking international protection should be registered, fingerprinted, and debriefed according to existing asylum procedures; background security checks should also be carried out at the EU's external borders, after which the Asylum Procedures Directive (APD) should be applied, inter alia the concepts of first country of asylum and safe country of origin, allowing the Return Office to swiftly exercise return operations. The European Coast and Border Guard (ECBG), Europol, Eurojust, the European Asylum Support Office (EASO) and national competent authorities shall work together to achieve the aim of accelerated procedures in the context of hotspots.
Amendment 955 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, as well as within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. Those working arrangements shall be related to the management of operational cooperation. Such arrangements shall have received the Commission’uncil's prior approval.
Amendment 1151 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that the standardized complaint form is available in most common languages, and that it shall be made available on the Agency’s website and in hardcopy during all activities of the Agency. Special information tailored to children shall be provided in a clear and child-friendly way to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 1153 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that the standardized complaint form is available in most common languagesthe official languages of the European Union and that it shall be made available on the Agency’s website and in hardcopy during all activities of the Agency. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 1170 #
2015/0310(COD)
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1
Article 80 – paragraph 1 – subparagraph 1
By threone years from the date of entry into force of this Regulation, and every three years thereafter, the Commission shall carry out an evaluation to assess particularly the impact, effectiveness and efficiency of the Agency’s performance and its working practices in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification.
Amendment 74 #
2015/0307(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The application of this Regulation should take into account the existing arrangements for Gibraltar with regard to border crossings with Spain, whilst fully respecting the non-participation of the United Kingdom in the Schengen area. There should not be a disproportionate impact on the flow of traffic at the border or freedom of movement as a consequence of this Regulation.
Amendment 58 #
2015/0281(COD)
Draft legislative resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the Communique of the Nuclear Security Summit, Washington, 1 April 2016
Amendment 68 #
2015/0281(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The terrorist threat has grown and rapidly evolved in recent years. Individuals referred to as "foreign terrorist fighters" travel abroad for terrorism purposes. Returning foreign terrorist fighters pose a heightened security threat to all EU Member States. Foreign terrorist fighters have been linked to several recent attacks or plots, including the attacks in Paris on 13 November 2015 and in Brussels on the 22nd of March 2016. In addition, the European Union and its Member States face increased threats from individuals inspired or instructed by terrorist groups abroad but who remain within Europe.
Amendment 87 #
2015/0281(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The threat of nuclear and radiological terrorism remains one of the greatest challenges to international security and this threat is constantly evolving. Countering the threat demands strengthened international cooperation and increased support particularly for the central role of the International Atomic Energy Agency (IAEA).
Amendment 94 #
2015/0281(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The provision of bona fide humanitarian assistance by impartial and independent humanitarian non- governmental organisations recognised by international law such as the International Committee of the Red Cross (ICRC) should not be considered as contributing to the criminal activities of a terrorist group. However, as established by the case-law of the Court of Justice of the European Union (Note 1a), the applicability of international humanitarian law to a situation of armed conflict and to acts committed in that context does not exclude the application of laws on the prevention of terrorism to such "armed conflicts". ____________________ Note 1a: Judgement of the General Court (Sixth Chamber, extended composition) of 16 October 2014, Liberation Tigers of Tamil Eelam (LTTE) v Council of the European Union. Joint cases T-208/11 and T-508/11.
Amendment 108 #
2015/0281(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Considering the seriousness of the threat and the need to in particular stem the flow of foreign terrorist fighters, it is necessary to criminalise the travelling abroad for terrorist purposes, being not only the commission of terrorist offences and providing or receiving training but also to participate in the activities of a terrorist group. Any act of facilitation of such travel should also be criminalised. Member States should seek to create white lists for persons travelling for the purpose of providing humanitarian assistance.
Amendment 189 #
2015/0281(COD)
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects the principles recognised by Article 2 of the Treaty on the European Union, respects fundamental rights and freedoms and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including those set out in Chapters II, III, V and VI thereof which encompass inter alia the right to liberty and security, freedom of expression and, freedom of speech, freedom of information, freedom of association and freedom of thought conscience and religion, the general prohibition of discrimination in particular on grounds of race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, the right to respect for private and family life and the right to protection of personal data, the principle of legality and proportionality of criminal offences and penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption of innocence and the right to a fair trial, the outcome of which is determined on the individual circumstances of the case, as well as freedom of movement as set forth in Article 21(1) of the Treaty on the Functioning of the European Union and Directive 2004/38/EC. This Directive has to be implemented in accordance with these rights and principles.
Amendment 191 #
2015/0281(COD)
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects the principles recognised by Article 2 of the Treaty on the European Union, respects fundamental rights and freedoms and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including those set out in Chapters II, III, V and VI thereof which encompass inter alia the right to liberty and security, freedom of expression and, freedom of speech, freedom of information, freedom of association and freedom of thought conscience and religion, the general prohibition of discrimination in particular on grounds of race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, the right to respect for private and family life and the right to protection of personal data, the principle of legality and proportionality of criminal offences and penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption of innocence and the right to a fair trial, the outcome of which is determined by the individual circumstances of the case, as well as freedom of movement as set forth in Article 21(1) of the Treaty on the Functioning of the European Union and Directive 2004/38/EC, recognising that exceptions may be made on the grounds of public policy or national security. This Directive has to be implemented in accordance with these rights and principles.
Amendment 232 #
2015/0281(COD)
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) release, or threatened release, of dangerous substances, including radiological or biological material, or causing fires, floods or explosions, the effect of which is to endanger human life or to cause widespread fear and alarm;
Amendment 243 #
2015/0281(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) participating in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way, with knowledge of the fact that such participation will contribute to the criminal activities of the terrorist group, whether these activities take place within a Member State or another country.
Amendment 252 #
2015/0281(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that the distribution, or otherwise making available, of a message to the public, with the intent to incite the commission or encourage the preparation or instigation of one of the offences listed in points (a) to (h) of Article 3(2), where such conduct, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally.
Amendment 269 #
2015/0281(COD)
Proposal for a directive
Article 8 – title
Article 8 – title
Receiving and acquiring training for terrorism
Amendment 270 #
2015/0281(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall take the necessary measures to ensure that to receive instruction, from another person in the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or in other specific methods or techniques, for the purpose of committing of or contributing to the commission of one of the offences listed in points (a) to (h) of Article 3(2) is punishable as a criminal offence when committed intentionally. Member States shall also take the necessary measures to ensure that the 'self-study' of the same techniques and methods is also punishable as a criminal offence when the offences listed are committed intentionally.
Amendment 281 #
2015/0281(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall take the necessary measures to ensure that travelling to another country either within or outside the Union for the purpose of the commission of or contribution to a terrorist offence referred to in Article 3, the participation in the activities of a terrorist group referred to in Article 4 or the providing or receiving of training for terrorism referred to in Articles 7 and 8 is punishable as a criminal offence when committed intentionally.
Amendment 352 #
2015/0281(COD)
Proposal for a directive
Article 21 – paragraph 1 – point d a (new)
Article 21 – paragraph 1 – point d a (new)
(da) The offender is a national of a Member State and who has provided training overseas to a foreign national;
Amendment 353 #
2015/0281(COD)
Proposal for a directive
Article 21 – paragraph 1 – point f – paragraph 1
Article 21 – paragraph 1 – point f – paragraph 1
the offence is committed against the institutions or people of the Member State in question or against an institution, body, office or agency of the European Union and based in that Member State., or where a foreign national receives training overseas with the intention of carrying out an attack within that Member State;
Amendment 427 #
2015/0281(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall, by [124 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures to comply with this Directive.
Amendment 99 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breach block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 101 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 91/477/EEC
Article 1 – paragraph 1e
Article 1 – paragraph 1e
1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer whose trade or business consists wholly or partly in buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or exporting to a third country or importing to a Member State from a third country fully assembled firearms, their parts and ammunition.
Amendment 104 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1h
Article 1 – paragraph 1h
Amendment 112 #
2015/0269(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) It should be specified in this Directive that the activities of a dealer include not only the manufacturing but also the modification or conversion a firearm, such as the shortening of a complete firearm, and in addition the commercial modification or conversion of parts of firearms and of ammunition, and that, therefore, only authorised dealers should be permitted to engage in those activities. This Directive should not apply to reloading of ammunition for personal use or making legal modifications and conversions to a firearm for which a person has an authorization.
Amendment 113 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the public authorities or by collectors and bodies concerned with the cultural and historical aspects of weapons and recognized as such by the Member State in whose territory they are established. Nor shall it apply to commercial transfers of weapons and ammunition of warproducts of the defence industry.
Amendment 122 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or parand any essential component placed on the market has been marked and registered in compliance with this Directive.
Amendment 130 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2
Article 4 – paragraph 2
For the purposes of identifying and tracing each assembled firearm, Member States shall, at the time of manufacture of each firearm or at the time of import to the Union or as soon as possible thereafter, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 131 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 152 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) BCollectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and shoulding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivat be able to keep and acquire firearms classified in category A subject to authorisation by the Member State concerned.
Amendment 155 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) are at least 18 years of age, except in relation to the acquisition, other than through purchase, and possession of firearms for hunting and target shooting, provided that in that case persons of less than 18 years of age have parental permission, or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence, or are within a licenced or otherwise approved training centre;
Amendment 170 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical tests for issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it was granted is no longer met.
Amendment 172 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 181 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those. In exceptional and duly reasoned cases, the competent authorities may grant authorisations for the acquisition and possession of such firearms and ammunition wheld in violation of this provision and seizedre this is not contrary to public security or public order.
Amendment 188 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise persons or bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in theiracquire and possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)when this is not contrary to public security or public order.
Amendment 198 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their paressential components and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only with respect to dealers and brokers and shall be subject to the strict control of the Member States.
Amendment 204 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 220 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 231 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall submit every five years a report to the European Parliament and the Council on the application of this Directive, including a fitness check of the new provisions, accompanied, if appropriate, by proposals in particular as regards the categories of firearms of Annex I and the issues related to new technologies such as 3D printing. The first report shall be submitted two years after the entry into force of this Directive."
Amendment 279 #
2015/0269(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 316 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 330 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 91/477/EEC
Article 1 –paragraph 1e
Article 1 –paragraph 1e
1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer whose trade or business consists wholly or partly in buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or exporting to a third country or importing into a Member State from a third country fully assembled firearms, their parts and ammunition.
Amendment 361 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1h
Article 1 – paragraph 1h
Amendment 406 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the public authorities or by collectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established. Nor shall it apply to commercial transfers of weapons and ammunition of warproducts of the defence industry.
Amendment 434 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or parand any essential component placed on the market has been marked and registered in compliance with this Directive.
Amendment 452 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm, Member States shall, at the time of manufacture of each firearm or at the time of import into the Union or as soon as possible thereafter, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 460 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 519 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 536 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The acquisition and possession of firearms shall only be permitted if, inter alia, there is good cause. Member States, whilst not being under any obligation in that regard, may decide that the acquisition and possession of firearms for the purpose of, for example, hunting, target shooting, self-defence, reservist training, various scientific, technical and testing activities and re-enactment of historical events, filmmaking or historical study constitutes good cause.
Amendment 549 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical tests for issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted is no longer met.
Amendment 578 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. This Directive is without prejudice to the ownership of firearms and ammunition acquired through inheritance. Member States shall prohibit the possession of such firearms by owners who are not duly authorised.
Amendment 590 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those. In exceptional and duly reasoned cases, the competent authorities may grant authorisations for the acquisition and possession of such firearms and ammunition wheld in violation of this provison and seizedre this is not contrary to public security or public order.
Amendment 620 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise persons or bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in theiracquire and possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)when this is not contrary to public security or public order.
Amendment 660 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4 – subparagraph 2 (new)
Article 7 – paragraph 4 – subparagraph 2 (new)
Amendment 731 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall submit every five years submit a report to the European Parliament and the Council on the application of this Directive, including a fitness check of the new provisions, accompanied, if appropriate, by proposals in particular as regards the categories of firearms of Annex I and the issues related to new technologies such as 3D printing. The first report shall be submitted by ... [two years after the date of entry into force of this Amending Directive].
Amendment 748 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
Amendment 751 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
6. Automatic firearms which have been converted into semi-automatic firearms; which have not been authorised in accordance with Article 10ba, with the exception of firearms converted prior to ... [the date of entry into force of this Amending Directive1a]; __________________ 1a In this case, Article 10ba shall be amended as follows: "Member States shall take measures to ensure that long semi-automatic firearms which have been converted from originally automatic firearms cannot be reconverted into automatic firearms. Mechanical design of any particular type of long semi- automatic firearms including conversions of any particular type of originally automatic firearms into semi-automatic firearms must be authorised for civilian use by a competent public authority before being placed on the market."
Amendment 755 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
6. AComponents with which a semi- automatic firearms which have can been converted into semi-an automatic firearm without sophisticated skills and tools;
Amendment 762 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
Amendment 778 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8
Annex I – part II – point A – category A – point 8
Amendment 811 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
5. Alarm and signal weaponsFirearms under categories A, B and points 1 to 4 of category C, after having been converted to alarm, signal, salute and, acoustic weapons as well as replicas;, gas, paintball or airsoft, Flobert, or percussion lock weapons.
Amendment 822 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 6
Annex I – part II – point A – category C – point 6
Amendment 830 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Directive 91/477/EEC
Annex I – part III – point a
Annex I – part III – point a
Amendment 838 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 – point c
Article 1 – point 14 – point c
Directive 91/477/EEC
Annex I – part III – paragraph 2
Annex I – part III – paragraph 2
Amendment 39 #
2015/0211(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In light of the very sharp increase that has been experienced since 2014 in the number of applications for international protection made in the Union, and the very low rate of returns of those individuals who do not qualify for international protection, and the resulting unprecedented pressure on Member States’ asylum systems the Union acknowledged the need to strengthen the application of the safe country of origin provisions of Directive 2013/32/EU, as an essential tool to support the swift processing of applications that are likely to be unfounded. In particular, in its conclusions of 25 and 26 June 2015, the European Council referred, in relation to the need to accelerate the treatment of asylum applications, to the intention of the Commission as set out in its Communication on a European Agenda on Migration8 to strengthen these provisions, including the possible establishment of an EU common list of safe countries of origin. Moreover, the Justice and Home Affairs Council in its conclusions on safe countries of origin of 20 July 2015 welcomed the intention of the Commission to strengthen the safe countries of origin provisions in Directive 2013/32/EU, including the possible establishment of an EU common list of safe countries of origin. __________________ 8 COM (2015) 240 final, 13.5.2015. COM (2015) 240 final, 13.5.2015.
Amendment 65 #
2015/0211(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Commission should regularly review the situation in third countries that are onin order to provide for both removing and adding third countries to the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of a third country on the EU common list, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of suspending the presence of this third country from the EU common list for a period of one yearsix months where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. For the purpose of this substantiated assessment, the Commission should take into consideration a range of sources of information at its disposal including in particular, itsinformation from the Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the FRONTEX agency, the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organisations. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 80 #
2015/0211(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission shall regularly review the situation in third countries that are on the EU common list of safe countries of origin in order to add and remove third countries from this list, based on a range of sources of information, including in particular regular reporting from the EEAS and information from Member States, EASO, FRONTEX, the UNHCR, and the Council of Europe and other relevant international organisations.
Amendment 86 #
2015/0211(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Any amendment of the EU common list of safe countries of origin shall be adopted in accordance with the ordinary legislative procedure.
Amendment 87 #
2015/0211(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 3 to suspend and add the presence of a third country from the EU common list of safe countries of origin on a temporary and emergency basis for a period of six months, in order to allow for the Council and the European Parliament to take action through the ordinary legislative procedure.
Amendment 90 #
2015/0211(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Removal and addition of a third country from the EU common list of safe countries of origin in case of sudden change of situation
Amendment 95 #
2015/0211(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In case of sudden changes in the situation of a third country that is on the EU common list of safe countries of origin, the Commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in Annex I of Directive 2013/32/EU and, if those conditions are no longer met, shall adopt, in accordance with Article 290 TFUE, a Decision suspending the presence of that third country from the EU common list for a period of one yearsix months.
Amendment 97 #
2015/0211(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where the Commission has proposed an amendment to this Regulation in order to remove or add a third country from the EU common list of safe countries of origin, it can on the basis of a substantial assessment referred to in paragraph 2 extend the validity of the delegated decision adopted pursuant to paragraph 2 for a period of maximum one year.
Amendment 123 #
2015/0211(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Review Whereas the European Commission shall examine the possibility to replace national lists with a harmonised European list of safe third countries, based on a full assessment of the impact of this Regulation on the rate of returns to safe third countries, and the difference between national lists in all Member States and the common European list of safe third countries. Whereas this review should be carried out three years after the entry into force of this Regulation. Whereas the Commission shall submit a report to the Council and the European Parliament.
Amendment 38 #
2015/0125(NLE)
Proposal for a decision
Recital 7
Recital 7
(7) Among the Member States witnessing situations of particular pressure and in light of the recent tragic events in the Mediterranean, Italy and Greece in particular have experienced unprecedented flows of migrants, including applicants for international protection who are in clear need of international protection, arriving on their territories, generating a significant pressure on their migration and asylum systems. However, other Member States within the EU are also experiencing large increases in the number asylum seekers received.
Amendment 53 #
2015/0125(NLE)
Proposal for a decision
Recital 12
Recital 12
(12) Due to the on-going instability and conflicts in the immediate neighbourhood of Italy and Greece, it is very likely that a significant and increased pressure will continue to be put on their migration and asylum systems, with a significant part of the migrants who may be in need of international protection. This demonstrates the critical need to show solidarity towards Italy and Greece and to complement the actions taken so far to support them with provisional measures in the area of international protection.
Amendment 61 #
2015/0125(NLE)
Proposal for a decision
Recital 16
Recital 16
(16) In line with Article 78(3) of the Treaty, the measures envisaged for the benefit of Italy and Greece should be of a provisional nature. A period of 24 months is reasonable in view of ensuring that the measures provided for in this Decision have a real impact in respect of supporting Italy and Greece to deal with the significant migration flows on their territories.
Amendment 82 #
2015/0125(NLE)
Proposal for a decision
Recital 24
Recital 24
(24) National security and public order should be taken into consideration throughout the relocation procedure, until the transfer of the applicant is implemented.
Amendment 108 #
2015/0125(NLE)
Proposal for a decision
Recital 30
Recital 30
(30) Measures should be taken in order to avoid secondary movements of relocated persons from the Member State of relocation to other Member States. In particular, applicants should be informed of the consequences of onward movement within the Member States and of the fact that, if the Member State of relocation grants them international protection, in principle, they are only entitled to the rights attached to international protection in that Member State.
Amendment 110 #
2015/0125(NLE)
Proposal for a decision
Recital 31
Recital 31
(31) Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Union level, tThe Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective.
Amendment 114 #
2015/0125(NLE)
Proposal for a decision
Article 2 – point b
Article 2 – point b
(b) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been taken; of Article 2 (i) of Directive 2011/95/EU.
Amendment 119 #
2015/0125(NLE)
Proposal for a decision
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The purpose of this Directive shall be dependent upon Italy and Greece fulfilling its obligations to implement effective processing of those seeking international protection, carrying out swift and effective returns operations, and ensuring detention condition are in line with EU fundamental rights and EU law.
Amendment 139 #
2015/0125(NLE)
Proposal for a decision
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Applicants whose fingerprints are required to be taken and transmitted pursuant to the obligations set out in Article 9 of Regulation (EU) No 603/2013 may only be relocated if their fingerprints have been taken.
Amendment 142 #
2015/0125(NLE)
Proposal for a decision
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that family members as already defined under existing EU law, who fall within the scope of this Decision are relocated to the territory of the same Member State.
Amendment 143 #
2015/0125(NLE)
Proposal for a decision
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When the decision to relocate an applicant has been taken and before the actual relocation, Italy and Greece shall notify the person concerned of the decision to relocate him in writing. That decision shall specify the Member State of relocation. The Member States are not obliged to seek the consent of the applicant with regard to their place of relocation.
Amendment 144 #
2015/0125(NLE)
Proposal for a decision
Article 6 – paragraph 5
Article 6 – paragraph 5
5. An applicant or beneficiary of international protection who enters the territory of another Member State than the Member State of relocation without fulfilling the conditions for stay in that other Member State shall be required to go back immediately and taken back by the Member State of relocation, pursuant to the rules laid down in Regulation (EU) No 604/2013 and Directive 2008/115/EC of the European Parliament and of the Council1 respectively. Applicants who have been granted international protection in a Member State as a consequence of a failed Dublin transfer should also be counted as part of the overall relocation number applicable to that individual Member State. 1 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p.98).
Amendment 147 #
2015/0125(NLE)
Proposal for a decision
Article 7 – introductory part
Article 7 – introductory part
Member States shall increase their support in the area of international protection to Italy and Greece via the relevant activities coordinated by EASO and other relevant Agencies, in particular by providing when necessary national experts for the following support activities in order to ensure the lawful and good functioning of their national asylum system:
Amendment 155 #
2015/0125(NLE)
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
2. If Italy or Greece does not comply with the obligation referred to in paragraph 1, the Commission may decide to suspend this Decision with regard to that Member State for a period of up to three months. The Commission may decide once to extend such suspension for a further period of up to three monthsas many times as is necessary.
Amendment 160 #
2015/0125(NLE)
Proposal for a decision
Article 11
Article 11
Italy and Greece shall report to the Council and the Commission on the implementation of this Decision, including on the roadmaps referred to in Article 8, every threewo months.
Amendment 8 #
2014/2254(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the UN Convention on the Rights of Persons with Disabilities, which was ratified by the EU on 23 December 2010;
Amendment 97 #
2014/2254(INI)
Motion for a resolution
Recital C
Recital C
Amendment 109 #
2014/2254(INI)
Motion for a resolution
Recital D
Recital D
Amendment 124 #
2014/2254(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, under Article 6 TEU, the EU has a responsibility to uphold and enforce fundamental rights in any action it takes, regardless of its powers in the area concerned;
Amendment 176 #
2014/2254(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that Article 6 TEU requires the Union to accede to the ECHR; notes Opinion 2/2013 of the Court of Justice of the European Union; whereas Article 6 requires accession, it also states that the accession should not affect the Union's competences as defined in the Treaties; calls on the Commission and the Council to draw up proposals designed to ensure that the aforementioned obligation is met as quickly as possible, on the basis of full transparency and with the aim of enhancing the protection of individuals and making the European institutions more accountable for their actions or failings regarding fundamental rights;
Amendment 190 #
2014/2254(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 226 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Urges the Commission to work more closely with Member States in order improve the implementation of legislation with regard to the respect of human rights, fundamental rights and democracy;
Amendment 238 #
2014/2254(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes the Commission's Communication on a new EU Framework to strengthen the rule of law; considers, however, that the proposed mechanism will not act as a sufficient deterrent when it comes to preventing and resolving fundamental rights violations in Member States;
Amendment 244 #
2014/2254(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 329 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that Article 6 of the Charter of Fundamental Rights states that everyone has the right to liberty and security of person; stresses therefore, that providing European Citizens with safety should also be a key priority;
Amendment 463 #
2014/2254(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the EU and the Member States to ban all discrimination on grounds of gender identity and; calls on the EU and Member States to combat and prosecute all forms of violence and, discrimination againstnd abuse against both men and women;
Amendment 539 #
2014/2254(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the discrimination and exclusion that persons with a disability still face today; calls on the Commission and the Member States to implement the European Disability Strategy and to monitor and apply the relevant European legislation; stresses that the Charter of Fundamental Rights asks that measures be designed to ensure independence, social and occupational integration, and participation within the community;
Amendment 708 #
2014/2254(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Condemns in the practice of detaining irregular migrants, including unaccompanied minors, as a prelude to their expulsion;strongest terms the appalling detention and reception conditions in some Member States, and calls onfor Member States to comply with the provisions of the ‘Return Directive’EU and international standards in this regard;
Amendment 726 #
2014/2254(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for an investigevaluation intof the use of funds earmarkfunds used for home affairs;
Amendment 748 #
2014/2254(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 764 #
2014/2254(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 773 #
2014/2254(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 784 #
2014/2254(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 10 #
2014/2228(INI)
Draft opinion
Recital B
Recital B
Amendment 26 #
2014/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 36 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 48 #
2014/2228(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that Article XIV of the General Agreement on Trade and Services (GATS) clearly refers to privacy and data protection as an exception which cannot be considered a trade barrier; stresses that EU data protection legislation cannot be deemed an ‘arbitrary or unjustifiable discrimination’ in the application of Article XIV of the GATS; stresses that a comprehensive and unambiguous horizontal clause that fully exempts EU rules on the protection of personal data from the agreement should be incorporated, without any condition that it must be consistent with other parts of the TTIP;
Amendment 55 #
2014/2228(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that personal data can be transferred outside the Union only if the provisions on third-country transfers in EU data protection laws are respected; recalls that the Commission can only negotiate on provisions which touch upon the flow of personal data provided that the full application of EU data protection rules is guaranteed; is seriously concerned about the TiSA draft text, which would completely undermine all EU rules and safeguards for the transfer of personal data to third countries;
Amendment 65 #
2014/2228(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks the Commission to consider working with the U.S. to establish the highest standards of data protection and respect of fundamental rights whilst ensuring the ability of businesses and consumers to transfer data within the existing legal framework; stresses that the EU should cooperate with the United States in order to encourage Third Countries to adopt similar high data protection standards in the area of trade around the world;
Amendment 67 #
2014/2228(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 75 #
2014/2228(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the crucial importance of data flows to the EU economy, especially for the services sector, which continues to generate the majority of EU jobs in the EU economy; demands that nothing in TTIP should impede the ability of EU citizens and businesses to freely transfer data across the Atlantic whilst respecting existing legal frameworks and protections;
Amendment 77 #
2014/2228(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Welcomes the US administration’s commitment to introduce legislation into Congress extending certain U.S. Constitutional rights to EU citizens regarding data protection; believes that TTIP can play a positive role in facilitating and encouraging the adoption of this legislation at the earliest occasion possible; requests that the Commission keep parliament constantly informed of any developments in this area;
Amendment 3 #
2014/2216(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the UN Convention of the Rights of the Child and the European Parliament resolution on the 25th anniversary of the Right of the Child adopted on the 27th November 2014;
Amendment 400 #
2014/2216(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70a. Reiterates its call on the Commission to propose an ambitious and comprehensive Child Rights Strategy and Action Plan for the next five years, as requested in its resolution on the 25th Anniversary of the Right of the Child of 27 November 2014;
Amendment 407 #
2014/2216(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Commission and the EEAS to continue to take action regarding the rights of the child, with a specific focus on violence against children, including torture, as cases of torture and detention of children have been reported by organisations such as UNICEF and Amnesty International; calls for particular focus on the issues of forced child labour, child marriage, enlistment of children in armed groups and their disarmament, rehabilitation and subsequent reintegration, as well as placing the issue of child witchcraft on the agenda of human rights dialogues with the countries concerned; stresses the importance of prioritising children’s rights within EU external policy, development cooperation and humanitarian aid ,in order to ensure adequate funding and increase the level of protection for children in emergency situations; calls on the VP/HR to report annually to Parliament on the results achieved with regard to child-focused EU external action;
Amendment 415 #
2014/2216(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Reiterates the need to step up efforts to implement the Revised Implementation Strategy of the EU Guidelines on Children and Armed Conflict; encourages the EU to further deepen its cooperation with the UN Special Representative for Children affected by Armed Conflicts; calls for the universal ratification of the UN Convention on the Rights of the Child, and notably the third Optional Protocol which will allow children to submit their complaints to the UN Committee on the Rights of the Child; Calls on the Commission and the High representative/Vice President of the Commission to explore ways for the EU to accede unilaterally to the UN Convention on the Rights of the Child;
Amendment 449 #
2014/2216(INI)
Motion for a resolution
Paragraph 74 a (new)
Paragraph 74 a (new)
74a. Considers that migrant children are particularly vulnerable, especially when they are unaccompanied; recalls that unaccompanied children are above all children and that child protection, rather than immigration policies, must be the leading principle when dealing with them, thus respecting the core principle of the best interests of the child.
Amendment 23 #
2014/2006(INI)
Motion for a resolution
Recital E
Recital E
Amendment 30 #
2014/2006(INI)
Motion for a resolution
Recital I
Recital I
Amendment 33 #
2014/2006(INI)
Motion for a resolution
Recital J
Recital J
Amendment 39 #
2014/2006(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the EU Justice Scoreboard drawn up by the Commission; calls for the justice scoreboard exercise to assess all areas of justice, including criminal justice and all justice-related horizontal issues, such as independence and the career of judges; cCalls on the Commission to draw from the work already carried out by the bodies of the Council of Europe in this field, as well as that carried out by the European Union Agency for Fundamental Rights;
Amendment 48 #
2014/2006(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 54 #
2014/2006(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 63 #
2014/2006(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates that such a mechanism should be applied to all Member States on a uniform and equal footing, and should seek complementarity withto replace the work of other international institutions, such as the Council of Europe and, in particular, its Venice Commission;
Amendment 57 #
2014/0408(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 63 #
2014/0408(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Children should not be able to waive their right of access to a lawyer because they are not able to fully understand and follow criminal proceedings. Therefore, the presence or assistance of a lawyer should be mandatory for children. However, in the event of a child refusing the presence of a lawyer, exceptions should be provided for given that a full consultation and evaluation have taken place and that the best interests of the child are taken into account.
Amendment 73 #
2014/0408(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to ensure the personal integrity, welfare and health of a child who is arrested or detained, the child should have access to a medical examinationbe able to access medical care and be examined where necessary. The medical examination should be carried out by a physician.
Amendment 78 #
2014/0408(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to ensure sufficient protection of children who are not always able to understand the content of interviews to which they are subject, to avoid any challenge of the content of an interview and thereby undue repetition of questioning, questioning of children should where necessary, proportionate, and possible, be audio-visually recorded. This does not include questioning necessary to identify the child.
Amendment 82 #
2014/0408(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Children are in a particularly vulnerable position in relation to detention. Special efforts should be undertaken to avoid deprivation of liberty of children given the inherent risks for their physical, mental and social development. The competent authorities should consider alternative measures and impose such measures whenever this is in the best interests of the child and where suitable given the nature of the crime, and the threat to both the public and the child’s safety. This may include the obligation to report to a competent authority, a restriction on contact with specific persons, a requirement to undergo therapeutic treatment or treatment for addiction and participation in educational measures.
Amendment 83 #
2014/0408(COD)
Proposal for a directive
Recital 26
Recital 26
(26) When deprivation of liberty is imposed on children, they should benefit from special protection measures. In particular they should always be held separately from adults unless in exceptional circumstances it is considered in the child’s best interest not to do so, in accordance with Article 37(c) of the United Nations Convention of the Rights of the Child. When a detained child reaches the age of 18 years, there should be the possibility to continue the separate detention where warranted, taking into account the individual circumstances of the casea transitional period into adult detention. Particular attention should be paid to the way detained children are treated given their inherent vulnerability. Children should have access to educational facilities according to their needs.
Amendment 91 #
2014/0408(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In order to ensure appropriate assistance and support of children, the holder of parental responsibility, legal guardian, or another appropriate adult should have access to the court hearings involving the suspected or accused child if believed to be in the best interests of the child.
Amendment 92 #
2014/0408(COD)
Proposal for a directive
Recital 30
Recital 30
(30) The right of an accused person to appear in person at the trial is based on the right to a fair trial provided for in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the European Court of Human Rights.
Amendment 97 #
2014/0408(COD)
Proposal for a directive
Recital 35
Recital 35
(35) This Directive sets minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection. Such higher level of protection should not constitute an obstacle to the mutual recognition of judicial decisions that those minimum rules are designed to facilitate. The level of protection should never fall below the standards provided by this Directive, the Charter of Fundamental Rights of the European Union or the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted in the case law of the Court of Justice of the European Union and the European Court of Human Rights.
Amendment 98 #
2014/0408(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Since the objectives of this Directive, namely setting common minimum standards across the European Union on procedural safeguards for children suspected or accused in criminal proceedings, cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale of the measure, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve these objectives.
Amendment 108 #
2014/0408(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) their right to have the holders of parental responsibility and legal guardians informed as provided for in Article 5;
Amendment 109 #
2014/0408(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 7
Article 4 – paragraph 1 – point 7
(7) their right that the holders of parental responsibility and legal guardians to have access to the court hearings, as provided for in Article 15;
Amendment 115 #
2014/0408(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that the holder of parental responsibility or legal guardians of the child or, where that would be contrary to the best interests of the child, another appropriate adult, is provided with the information that the child receives in accordance with Article 4.
Amendment 120 #
2014/0408(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that children are assisted by a lawyer throughout the criminal proceedings in accordance with Directive 2013/48/EU. The right to access to a lawyer cannot be waived.
Amendment 125 #
2014/0408(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For that purpose children shall be individually assessed. The assessment shall take particular account of the personality and maturity of the child and their economic and social backgroundindividual circumstances.
Amendment 136 #
2014/0408(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In case of deprivation of liberty of a child, Member States shall ensure that the child has access to a medical examination with a view, in particular, to assessing the general mental and physical condition of the child with the aim to determine the capacity of the child to face questioning or other investigative or evidence gathering acts or any measures taken or envisaged againstand medical care in order to protect the welfare and health of the child.
Amendment 139 #
2014/0408(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that any questioning of children by police or other law enforcement or judicial authority carried out prior to the indictment is, where necessary and possible, audio- visually recorded, unless it is not proportionate taking into account the complexity of the case, the seriousness of the alleged offence and the potential penalty that can be incurred.
Amendment 144 #
2014/0408(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that children arthe deprivedation of liberty before their conviction only as a measure of last resortof a child is limited as greatly as possible, and for the shortest appropriate period of time. Due account shall be taken of the age and individual situation of the child, as well as the risk to both the safety of the child, and the safety of the public.
Amendment 154 #
2014/0408(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that children are detained separately from adults, unless in exceptional circumstances it is considered in the child’s best interest not to do so. When a detained child reaches the age of 18 years, Member States shall provide the possibility to continue the separate detention where warrantedfor a transitional period into adult detention facilities, taking into account the individual circumstances of the detained person.
Amendment 157 #
2014/0408(COD)
Proposal for a directive
Article 12 – paragraph 2 – point d a (new)
Article 12 – paragraph 2 – point d a (new)
(da) Ensure that the special requirements of those children with physical, sensory, and learning disabilities are provided for.
Amendment 161 #
2014/0408(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 163 #
2014/0408(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall ensure that the competent authorities take appropriate measures in criminal proceedings to protect the privacy, protection, and wellbeing of the child and family members, including their names and images. Member States shall ensure that the competent authorities do not publicly disseminate information that could lead to the identification of the child.
Amendment 165 #
2014/0408(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that the holder of parental responsibility and legal guardians or another appropriate adult as referred to in Article 5 have access to the court hearings involving the child, unless their presence is deemed to have an adverse effect upon the child or the criminal proceedings taking place.
Amendment 174 #
2014/0408(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Through their public services or by funding child support organisations, Member States shall encourage initiatives enabling those providing children with support and restorative justice services to receive adequate training to a level appropriate to their contact with children and observe professional standards to ensure such services are provided in an impartial, respectful and professional manner.
Amendment 177 #
2014/0408(COD)
Proposal for a directive
Article 20
Article 20
Amendment 6 #
2014/0202(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The provisions of this Regulation should not negate the responsibilities of the first Member State where the application is lodged to be in charge of initially processing the application of the minor in question, and should not remove the obligations of the first Member State to be responsible for the welfare of the minor during his/her presence.
Amendment 7 #
2014/0202(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) This Regulation is intended to minimise the movement of minors across the Union; it is not intended to replace the requirements and obligations as set out in Regulation (EU) No 604/2013.
Amendment 87 #
2014/0095(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Live performance artists, in particular, often experience difficulties in organising tours in the Union. Students, researchers, culture professionals, pensioners, business people, service providers as well as tourists may also wish to stay longer than 90 days in any 180-day period in the Schengen area. The lack of appropriate authorisation leads to a loss of potential visitors and consequently to an economic lossSports athletes and performing artists who wish to stay longer than 90 days in any 180-day period in the Schengen area, who cannot obtain a visa extension under the Visa Code, are required to leave the Schengen area for 90 days in a given 180 day period, in order to re-enter.
Amendment 94 #
2014/0095(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 100 #
2014/0095(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Where relevant, the provisions of Regulation (EU) No xxx/201x of the European Parliament and of the Council29 and Regulation (EC) No 767/2008 of the European Parliament and of the Council30 should apply to the application for and the issuing of touring visas. Given the different needs and conditions of third- country nationals applying for touring visas and due to economic and security considerations, sSpecific rules should nevertheless be introduced, among others, as regards the authorities taking part in the procedures, the application phase, the examination of and decision on applications and the issuing and refusal of touring visas. __________________ 29 Regulation (EU) No xxx/201x of the European Parliament and of the Council of xxx establishing a Union Code on Visas (Visa Code) (recast) (OJ L x, xxx, p. x). 30 Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
Amendment 103 #
2014/0095(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 105 #
2014/0095(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It should be possible to extend the authorised stay, taking into consideration specific travel patterns and needs, provided that holders of a touring visaprovided that holders of the touring visa provide sufficient evidence of the need for such an extension, and continue to fulfil the entry and visa issuing conditions and can prove that during their prolonged stay, they comply with the requirement of not staying for more than 90 days in any 180-day period in the territory of the same Member State
Amendment 106 #
2014/0095(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 107 #
2014/0095(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 111 #
2014/0095(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
Amendment 115 #
2014/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Member State competent for examining and deciding on an application for a touring visa shall be the Member State whose external border the applicant intends to cross ere the applicant is carrying order to enteut his or the territory of the Member Statesr activities for the longest period.
Amendment 118 #
2014/0095(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 119 #
2014/0095(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Applications by nationals of third countries listed in Annex II to Regulation (EC) No 539/2001 legally present in the territory of a Member State may be lodged within the territory of that Member State provided that, with the consulate of the competent Member State has at least 20 calendar days to decide on the applicationwhere the applicant intends to stay.
Amendment 120 #
2014/0095(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Applications by third-country nationals, irrespective of their nationality, who hold a valid residence permit or valid long-stay visa issued by athe competent Member State may be lodged within the territory of that Member State at least 20 calendar days before the expiry of the residence permit or long-stay visa.
Amendment 121 #
2014/0095(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 134 #
2014/0095(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The examination of an application for a touring visa and decision on that application shall include an assessment of whether the applicant presents a risk of overstaying his or her visa or presents a security risk to Member States;
Amendment 137 #
2014/0095(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The period of validity of the touring visa shall correspond to the length of authorised stay. The length of the stay in each Member States shall not exceed 90 days in any 180 day period.
Amendment 140 #
2014/0095(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. If applicants hold a travel document that is recognised by one or more, but not all, Member States, the touring visa shall only be valid for the territory of the Member States which recognise the travel document, provided that the intended stay is longer than 90 days in any 180-day period in the territory of the Member States concerned.
Amendment 146 #
2014/0095(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In addition to the possibility of an exceptional extension for specific reasons provided in Article 30(1) of Regulation (EU) No xxx/201x [Visa Code (recast)], holders of a touring visa may apply for an extension in the territory of the Member States not earlier than 90 days and not later than 15 days before the expiry of their touring visa.
Amendment 148 #
2014/0095(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Decisions shall be taken within 1520 calendar days of the date of the lodging of an application for an extension.
Amendment 149 #
2014/0095(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. During the examination of an application for an extension, the competent authority may in justified cases call applicants for an interview and request additional documents.
Amendment 151 #
2014/0095(COD)
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. An extension shall not exceed one year90 days, and the overall length of an authorised stay, that is, the length of the initially authorised stay and its extension, shall not exceed two years.
Amendment 156 #
2014/0095(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
By [three years after the date of application of this Regulation] the Commission shall evaluate the application of this Regulation. They shall present an evaluation to the European Parliament and to the Council.
Amendment 1 #
2013/2256(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. AcknowledgNotes the large number of agencies which have been created in this policy area butand stresses that the creation of every new agency wasmust be based on a real need; is convinced that all the agencies in this policy area fulfil a distinct and necessary role providing a European added valuesavings can be made through streamlining and possibly merging some agencies in this policy area;
Amendment 24 #
2013/2188(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in September 2001 the world entered a new phase which resulted in the fight against terrorism being listed among the top priorities of most governments; whereas the revelations based on leaked documents from Edward Snowden, former NSA contractor, put democratically electedput political leaders under an obligation to address the challenges of the increasing capabilities of intelligence agencies in surveillance activities and their implications for the rule of law in a democratic society;
Amendment 25 #
2013/2188(INI)
Motion for a resolution
Recital D – introductory part
Recital D – introductory part
D. whereas the revelallegations since June 2013 have caused numerous concerns within the EU as to:
Amendment 29 #
2013/2188(INI)
Motion for a resolution
Recital D – point 4
Recital D – point 4
· the degree of cooperation and involvement of certain EU Member States with US surveillance programmes or equivalent programmes at national level as unveilalleged by the media;
Amendment 33 #
2013/2188(INI)
Motion for a resolution
Recital D – point 8
Recital D – point 8
Amendment 40 #
2013/2188(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the unprecedented magnitude of the espionagealleged actions revealed requires full investigation by the US authorities, the European Institutions and Members States’ governments and national parliaments;
Amendment 48 #
2013/2188(INI)
Motion for a resolution
Recital G
Recital G
G. whereas it is the duty of the European InstitutCommissions to ensure that EU law is fully implemented for the benefit of European citizens and that the legal force of EU Treaties is not undermined by a dismissive acceptance of extraterritorial effects of third countries’ standards or actions;
Amendment 59 #
2013/2188(INI)
Motion for a resolution
Recital N
Recital N
N. wWhereas according to Article 67(3) TFEU the EU ‘shall endeavour to ensure a high level of security’; whereas the provisions of the Treaty (in particular the Treaty on European Union states that "competences not conferred upon the Union in the Treaties remain with the Member States" (Article 4(21) TEU, Article 72 TFEU and Article 73 TFEU) imply that the EU disposes of certain competences on matters relating to the collective security of the Union; whereas the EU has exercised competence in matters of internal security by deciding on a number of legislative instruments and concluding international agreements (PNR, TFTP) aimed at fighting serious crime and terrorism and by setting up an internal security strategy and agencies working in this field) and that the EU "shall respect essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security" as well stating that "national security remains the sole responsibility of each Member State" (Article 4(2) TEU);
Amendment 62 #
2013/2188(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. Whereas the Treaty on the Functioning of the European Union (Article 72 TFEU) state that "it shall be open to Member States to organise between themselves and under their responsibility such forms of cooperation and coordination as they deem appropriate between the competent departments of their administrations responsible for safeguarding national security." (Article 73 TFEU);
Amendment 63 #
2013/2188(INI)
Motion for a resolution
Recital N b (new)
Recital N b (new)
Nb. Whereas Article 276 TFEU states "in exercising its powers regarding the provisions of Chapters 4 and 5 of Title V of Part Three relating to the area of freedom, security and justice, the Court of Justice of the European Union shall have no jurisdiction to review the validity or proportionality of operations carried out by the police or other law-enforcement services of a Member State or the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security";
Amendment 64 #
2013/2188(INI)
Motion for a resolution
Recital O
Recital O
Amendment 65 #
2013/2188(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. Whereas the European Union has competences in the area of law enforcement cooperation between Member States and international partners in relation to cross border issues, whereas this area has developed through the creation of TFTP and PNR agreements;
Amendment 66 #
2013/2188(INI)
Motion for a resolution
Recital O b (new)
Recital O b (new)
Ob. Whereas the European Treaties place the European Commission as the "Guardian of the Treaties", and therefore, it is the legal role of the European Commission to investigate any breaches of EU law;
Amendment 68 #
2013/2188(INI)
Motion for a resolution
Recital P
Recital P
P. whereas, under the ECHR, Member States’ agencies and even private parties acting in the field of national security under certain circumstances also have to respect the rights enshrined therein, be they of their own citizens or of citizens of other States; whereas this also goes for cooperation with other States’ authorities in the field of national security;
Amendment 72 #
2013/2188(INI)
Motion for a resolution
Recital R
Recital R
Amendment 76 #
2013/2188(INI)
Motion for a resolution
Recital S
Recital S
S. whereas the US data protection legal framework does notshould ensure an adequate level of protection for EU citizens;
Amendment 85 #
2013/2188(INI)
Motion for a resolution
Recital AJ a (new)
Recital AJ a (new)
AJa. whereas terrorist finance tracking is an essential tool in the fight against terrorism financing and serious crime, allowing counter terrorism investigators to discover links between targets of investigation and other potential suspects connected with wider terrorist networks suspected of financing terrorism;
Amendment 86 #
2013/2188(INI)
Motion for a resolution
Recital AK
Recital AK
Amendment 90 #
2013/2188(INI)
Motion for a resolution
Recital AM
Recital AM
AM. whereas during the LIBE delegation to Washington of 28-31 October 2013 the delegation met with the US Department of the Treasury; whereas the US Treasury officially stated that since the entry into force of the TFTP Agreethe US government (the NSA is in that sense considered part of the government it) hads not had access to data from SWIFT in the EU except within the framework of the TFTP; whereas the US Treasury refused to comment on whether SWIFT data would have been accessed outside TFTP by any obeen collecting and processing SWIFT data in any other way than as recognised in the agreement, whereas the US Department of the Treasury also gave assurances in relation to access to SWIFT formatted messages in accordance with other legal tools in place; whereas ther US government body or departDepartment of the Treasury did not comment or n whether the US administrationor not it was aware of NSA mass surveillance activities; whereas on 18 Dec24 September 2013 Mr Glenn GreenwEuropol and SWIFT officialds stated before the LIBE Committee inquiry that the NSA and GCHQ had targeted SWIFT networksre were no indications for a breach of the TFTP Agreement by the NSA;
Amendment 93 #
2013/2188(INI)
Motion for a resolution
Recital AP
Recital AP
AP. whereas the Joint Review fails to mention the fact that iArticle 13 of the agreement between the United States of America and the European Union on the cause of proceassieng of personal data for intelligence purposes, under US law, non- US citizens do not enjoy any judicial or administrative avenue to protect their rights, and constitutional protections are only granted to US persons; whereas this lack of judicial or administrative rights nullifies the protections for EU citizens laid down in the existing PNR agreementer name records to the United States Department of Homeland Security allows any individual regardless of nationality, country or origin, or place of residence, whose personal data and personal information has been processed and used in a manner inconsistent with the PNR Agreement, to seek effective administrative and judicial redress in accordance with US law;
Amendment 94 #
2013/2188(INI)
Motion for a resolution
Recital AR
Recital AR
AR. whereas the purpose of this general agreement is to establish the legal framework for all transfers of personal data between the EU and US for the sole purposes of preventing, investigating, detecting or prosecuting criminal offences, including terrorism, in the framework of police and judicial cooperation in criminal matters; whereas negotiations were authorised by the Council on 2 December 2010; whereas this agreement is of utmost importance and it would act as the basis to facilitate data transfer in the context of police and judicial cooperation and in criminal matters;
Amendment 95 #
2013/2188(INI)
Motion for a resolution
Recital AS
Recital AS
AS. whereas this agreement should provide for clear and precise legally binding data- processing principles and should in particular recognise EU citizens’' right to judicial access, rectification and erasure of their personal data in the US, as well as the right to an efficient administrative and judicial redress mechanism for EU citizens in the US and independent oversight of the data- processing activities;
Amendment 121 #
2013/2188(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 125 #
2013/2188(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 129 #
2013/2188(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 133 #
2013/2188(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 137 #
2013/2188(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 142 #
2013/2188(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls EU's firm belief in the need to strike the right balance between security measures and the protection of civil liberties and fundamental rights, while ensuring the utmost respect for privacy and data protection;
Amendment 144 #
2013/2188(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 151 #
2013/2188(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 157 #
2013/2188(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 165 #
2013/2188(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the abovementioned concerns are exacerbated by rapid technological and societal developments; considers that, since internet and mobile devices are everywhere in modern daily life (‘'ubiquitous computing’') and the business model of most internet companies is based on the processing of personal data of all kinds that puts at risk the integrity of the person, the scale of this problem is unprecedented;
Amendment 168 #
2013/2188(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 178 #
2013/2188(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 199 #
2013/2188(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 246 #
2013/2188(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Takes the view that the information provided by the European Commission and the US Treasury does not clarify whether US intelligence agencies have access to SWIFT financial messages in the EU by intercepting SWIFT networks or banks’ operating systems or communication networks, alone or in cooperation with EU national intelligence agencies and without having recourse to existing bilateral channels for mutual legal assistance and judicial cooperationclarify that there were no elements showing that the US Government has acted in a manner contrary to the provisions of the Agreement, and that the US has provided written assurance that no direct data collection has taken place contrary to the provisions of the TFTP Agreement;
Amendment 247 #
2013/2188(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
Amendment 295 #
2013/2188(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Strongly emphasises, given the importance of the digital economy in the relationship and in the cause of rebuilding EU-US trust, that the European Parliament will only consent to the final TTIP agreement provided the agreement fully respects fundamental rights recognised by the EU Charter, and that the protection of the privacy of individuals in relation to the processing and dissemin that the European Parliament should place a clear distinction between the TTIP negotiations and the allegations of personal data must continue to be governed by Article XIV of the GATSNSA mass surveillance programmes;
Amendment 310 #
2013/2188(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
Amendment 316 #
2013/2188(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
Amendment 318 #
2013/2188(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
Amendment 327 #
2013/2188(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
Amendment 341 #
2013/2188(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
Amendment 346 #
2013/2188(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
Amendment 347 #
2013/2188(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
Amendment 351 #
2013/2188(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
Amendment 352 #
2013/2188(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
Amendment 391 #
2013/2188(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Calls on the Commission, to strengthen the technological European infrastructure and the European digital market and therefore in the framework of the next Work Programme of the Horizon 2020 Programme, to assess whether; more resources should be directed towards boosting European research, development, innovation and training in the field of IT technologies, in particular privacy-enhancing technologies and infrastructures, cryptology, secure computing, open-source security solutions and the Information Society in order to make email and telecommunications safer; to promote the internal market for European soft- and hardware, and to promote cryptophones and to encrypt communication infrastructures;
Amendment 439 #
2013/2188(INI)
Motion for a resolution
Paragraph 97 – indent 2
Paragraph 97 – indent 2
Amendment 460 #
2013/2188(INI)
Motion for a resolution
Paragraph 108
Paragraph 108
Amendment 487 #
2013/2188(INI)
Motion for a resolution
Paragraph 114 – point 3
Paragraph 114 – point 3
Amendment 492 #
2013/2188(INI)
Motion for a resolution
Paragraph 114 – point 4
Paragraph 114 – point 4
Amendment 499 #
2013/2188(INI)
Motion for a resolution
Paragraph 114 – point 5
Paragraph 114 – point 5
Amendment 501 #
2013/2188(INI)
Motion for a resolution
Paragraph 114 – point 5
Paragraph 114 – point 5
Action 5: Protect the rule of law and, the fundamental rights of EU citizens, with a particular focus on threats to the freedom of the press and professional confidentiality (including lawyer-client relations) as well as enhanced protection for whistleblowers;
Amendment 502 #
2013/2188(INI)
Motion for a resolution
Paragraph 114 – point 6
Paragraph 114 – point 6
Amendment 507 #
2013/2188(INI)
Motion for a resolution
Paragraph 114 – point 7
Paragraph 114 – point 7
Amendment 513 #
2013/2188(INI)
Motion for a resolution
Paragraph 115 – point 1
Paragraph 115 – point 1
Amendment 516 #
2013/2188(INI)
Motion for a resolution
Paragraph 115 – point 2
Paragraph 115 – point 2
Amendment 518 #
2013/2188(INI)
Motion for a resolution
Paragraph 115 – point 4
Paragraph 115 – point 4
Amendment 7 #
2013/2145(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Insists that the Agencies should have adequate resources to implement the systems and projects which were recently approved; considers, therefore, that the budget of the Frontex Agency should be increased to provide them with sufficient resources to operate Eurosur; considers further that the budget of Europol and of the European Asylum Support Office (EASO) should be increased in order to provide for the new established European Cybercrime Centre as well as the recently adopted asylum package and the new tasks resulting thereof for the three agencies;
Amendment 13 #
2013/2109(INL)
Motion for a resolution
Recital A
Recital A
A. Whereas the introduction of Framework Decision 2002/584/JHA constituwas createsd the cornerstone of mutual recognitiono increase the speed and heas been very successful in speeding up surrendere of extradition throughout EU countries compared to traditional extradition procedures among Member Statesby creating a judiciary based system; the Framework Decision has in most part been successful in achieving this, and now constitutes the cornerstone of mutual recognition;
Amendment 16 #
2013/2109(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas the introduction of the European Arrest Warrant system was intended to increase the speed and ease of extradition throughout EU countries, and has in most part been successful in achieving this;
Amendment 21 #
2013/2109(INL)
Motion for a resolution
Recital B
Recital B
B. Whereas problems have however arisen in its operation, some specific to Framework Decision 2002/584/JHA and resulting largely from poorinconsistent implementation, but others shared with the set of mutual recognition instruments due to the incomplete and unbalanced development of the Union area of criminal justice and a lack of proportionality in its application;
Amendment 33 #
2013/2109(INL)
Motion for a resolution
Recital C – point iii a (new)
Recital C – point iii a (new)
(iiia) Judicial decisions not to execute European Arrest Warrants not always being respected and leading to repeated arrests and hearings in other EU countries;
Amendment 42 #
2013/2109(INL)
Motion for a resolution
Recital C – point vii
Recital C – point vii
Amendment 55 #
2013/2109(INL)
Motion for a resolution
Recital C – point ix a (new)
Recital C – point ix a (new)
(ixa) A lack of legal representation being provided for those persons sought under a European Arrest Warrant in the issuing Member State as well as the executing Member State;
Amendment 64 #
2013/2109(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that as theexisting problems highlighted in recital C arise out of both the specifics of Framework Decision 2002/584/JHA and the incomplete and unbalanced nature of the Union area of criminal justice, the legislative solutions need to address botharising from European extradition measures are a consequence of inconsistent and disproportionate implementation of both Framework Decision 2002/584/JHA and other European criminal justice instruments, which requires that the Framework Decision 2002/584/JHA be reviewed and reformed;
Amendment 74 #
2013/2109(INL)
Motion for a resolution
Paragraph 3 – point a a (new)
Paragraph 3 – point a a (new)
(aa) A clear and consistent application by all Member States of EU legislation regarding procedural rights in criminal proceedings linked to the use of the European Arrest Warrant; including the right to interpretation and translation in criminal proceedings; the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest; and the right to information in criminal proceedings;
Amendment 76 #
2013/2109(INL)
Motion for a resolution
Paragraph 3 – point b
Paragraph 3 – point b
(b) a proportionality check when issuing mutual recognition decisions, based on the seriousness of the offence and the availability of another appropriate less intrusive alternative measures;
Amendment 97 #
2013/2109(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 117 #
2013/2109(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 52 #
2013/2024(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Strongly encourages the European Union to seek to make less legislation of a higher quality, aiming to delivering clarity, protection, and trust in European law;
Amendment 77 #
2013/2024(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 81 #
2013/2024(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 84 #
2013/2024(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 109 #
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 the strengthening of a truly European legal culture that isby ensuring that Member States have a fully functioning, democratic, independent and efficient legal system, which cooperates effectively with other Member States and has an understanding of other legal systems, whilst fully respectful of the principles of subsidiary and of judicial independence, the establishment of 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 changes in national civil law traditions through an exchange of best practices between Member Statesplays a very important role in underpinning mutual recognition and trust;
Amendment 121 #
2013/2024(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Acknowledges and welcomes the progress made with the roadmap for procedural rights in criminal proceedings, but regrets that key proposals on legal aid and vulnerable suspects are outstanding and that the level of ambition of the Council seems to be decreasing more and morewhich contributes greatly to the mutual trust and respect necessary for effective mutual recognition;
Amendment 137 #
2013/2024(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Strongly believes that consistency, proportionality, and respect for national sovereignty in principles applied in the development of an EU criminal justice area should be a priority and that the EU institutions should cooperate closely with each other in this respect, as outlined in Parliament's resolution on an EU approach to criminal law9 ;
Amendment 140 #
2013/2024(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Believes that mutual trust between the Member States must be strengthened 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 158 #
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, the timely and efficient sharing of information, the protection of critical infrastructure and the fights against corruption, money laundering, terrorist funding and the trade in illegal firearms;
Amendment 203 #
2013/2024(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Welcomes the conclusion of the negotiations on the Schengen Governance Package; calls on the Commission fully to play its roles as coordinator of the Schengen evaluations and as guardian of the Treaty, in order to avoid any situation that could endanger the functioning of the Schengen area; repeats its position that the Schengen area should, without further delay, be enlarged to include Romania and Bulgaria;
Amendment 207 #
2013/2024(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Considers the absence of controls at internal borders as one of the major achievements of European integration; requests the Commission to pay particular attention to the absence of controls at internal borders, and firmly rejects all attempts to limit the freedom of movement of persons;
Amendment 210 #
2013/2024(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 257 #
2013/2024(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
Amendment 292 #
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 assess all justice areas, including criminal justice and all horizontal issues; 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;
Amendment 308 #
2013/2024(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Considers that the development of a European judicial culture is a key prerequisite for making the area of freedom, security and justice a reality for citizens; calls, with this in mind, for much greater emphasis on, and funding for, EU judicial training for all legal professionals; notes the importance of using a ‘bottom-up approach’ for judicial training schemes, of ensuring the greater accessibility of European law information resources via web technology (i.e. an e- justice portal), of improving knowledge of European law among the judiciary as well as of the linguistic skills of judicial practitioners, and of establishing and maintaining networks in this field; notes that the training of police forces with a European perspective is equally important will help with the better application of European law, the functioning of mutual recognition, and good cooperation between Member States;
Amendment 2 #
2013/2004(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that "violence against women" is a term used to describe violent acts where the type of violence targets women, with the victim's gender as a primary motive. Violent acts against women are numerous and can include, but are not limited to, domestic violence, rape including marital rape, dowry violence, FGM, acid throwing, forced marriage, sexual abuse, forced prostitution and pornography, trafficking of women and forced suicide;
Amendment 5 #
2013/2004(INL)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 11 #
2013/2004(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Agrees withReiterates the need for a legislative act based on Article 84 TFEU, to support the action of Member States in relation to crime prevention, and points out that to combat and eliminate all forms of violence against woMember States to take the lead in crime prevention, and so encourages Member States to implement a comprehensive, multidisciplinary European strategy (including social, political and legal measures) is required, with the aim of protecting women’s integrity tangibly and effectively in an area of freedom, security and justicend subsequently enforce national legislation which criminalises all forms of violence against women;
Amendment 18 #
2013/2004(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Council to ensure that violence against women is identified as a further area of particularly serious crime, pursuant to Article 83(1) TFEU, because of the particular need to combat this crime jointly, with the aim of adopting minimum standards with regard to the definition of criminal offences and penalties, provided that any proposals concerning EU provisions of substantive criminal law fully respect the principles of subsidiarity and proportionalityserious crime, and urges that Member States prosecute those responsible for carrying out violent acts against women;
Amendment 20 #
2013/2004(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Encourages Member States to establish their own measures to assist those children who have had exposure to gender- based violence, taking into account that the behavioural, emotional and physical effects that this form of violence can have on children who may witness it against their will can be significant and long- lasting, if not addressed;
Amendment 45 #
2013/0409(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 63 #
2013/0409(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Member States should be able to provide that the costs relating to provisional legal aid for suspects or accused persons deprived of liberty and costs relating to provisional legal aid for requested persons can be recovered from those persons if, in the subsequent assessment of the competent authority of whether they have a right to legal aid, they are found to not meet the criteria to benefit from legal aid under national law.
Amendment 67 #
2013/0409(COD)
Proposal for a directive
Recital 14
Recital 14
(14) To ensure that requested persons can effectively exercise their right to appoint a lawyer in the issuing Member State to assist the lawyer in the executing Member State, iIn accordance with Directive 2013/48/EU, the issuing Member State should ensure that requested persons have access to legal aid for the purpose of the European arrest warrant proceedings in the executing Member State. This right may be subject to an assessment of the means of the requested person and/or whether it is in the interests of justice to provide legal aid, according to the applicable eligibility criteria in the issuing Member State in question.
Amendment 76 #
2013/0409(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 82 #
2013/0409(COD)
Proposal for a directive
Recital 19
Recital 19
(19) This Directive sets minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection. Such higher level of protection should not constitute an obstacle to the mutual recognition of judicial decisions that those minimum rules are designed to facilitate. The level of protection should never fall below the standards provided by the Charter or the ECHR, as interpreted in the case-law of the Court of Justice and of the ECtHR.;
Amendment 142 #
2013/0409(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The issuing Member State shall ensure thatfully assess whether it is proportionate and in the interests of justice, for the requested persons, that are exerciseing their right to appoint a lawyer in the issuing Member State to assist the lawyer in the executing Member State, according to Article 10 of Directive 2013/48/EU, have the right toto be eligible for legal aid in that Member State for the purpose of the European arrest warrant proceedings in the executing Member State.;
Amendment 150 #
2013/0409(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 154 #
2013/0409(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 67 #
2013/0407(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should apply to natural persons who are suspected or accused of having committed a criminal offence. It should apply at any stage of the proceedings, even before those persons are made aware by the competent authorities of a Member State, by official notification or otherwise, that they are suspected or accused of having committed a criminal offence, until the conclusion of such proceedings.
Amendment 72 #
2013/0407(COD)
Proposal for a directive
Recital 9
Recital 9
(9) This Directive acknowledges the different needs and levels of protection of certain aspects of the right to be presumed innocent as regards natural persons and legal persons. Such protection as regards natural persons is reflected in abundant case law of the European Court of Human Rights. The Court of Justice of the European Union has, however, recognised that the rights flowing from the presumption of innocence do not accrue to legal persons in the same way as to natural persons.
Amendment 118 #
2013/0407(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 157 #
2013/0407(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
2. Member States shall ensurmay provide that any presumption, which shifts the burden of proof to the suspects or accused persons, is of sufficient importance to justify overriding that principleboth reasonable and proportionate in light of the particular circumstances and is rebuttable.
Amendment 164 #
2013/0407(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that suspects or accused persons have the right not to incriminate themselves and not to cooperate in any criminal proceeding.
Amendment 174 #
2013/0407(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Exercise of the right not to incriminate oneself or of the right not to cooperate shall not be used against a suspect or accused person at a later stage of the proceedings and shall not be considered as a corroboration of facts.
Amendment 189 #
2013/0407(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Exercise of the right to remain silent shall not be used against a suspect or accused person ats a later stage in the proceedings and shall not be considered as a corroboration of factcorroboration of facts in a later stage of proceedings.
Amendment 222 #
2013/0407(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 20 #
2013/0165(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning type-approval requirements for the deployment of the eCall in-vehicle system and amending Directive 2007/46/EC (Text with EEA relevance) (This amendment applies throughout the text)
Amendment 26 #
2013/0165(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) TWhere Member States require the mandatory equipping of vehicles with the eCall in-vehicle system this should initially apply only to new passenger cars and light commercial vehicles (categories M1 and N1) for which an appropriate triggering mechanism already exists.
Amendment 28 #
2013/0165(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The mandatory equipping ofMember States may equip vehicles with the eCall in-vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and/or added value services, in parallel with or building on the 112-based eCall in- vehicle system. However, these additional services should be designed not to increase driver distraction.
Amendment 32 #
2013/0165(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to ensure open choice for customers and fair competition, as well as encourage innovation and boost the competitiveness of the Union's information technology industry on the global market, the eCall in-vehicle system should be accessible free of charge, proportionate in cost, and without discrimination to all independent operators and based on an interoperable and open- access platform for possible future in- vehicle applications or services.
Amendment 36 #
2013/0165(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Special purpose vehicles should be subject to compliance with the eCall requirements set out in this Regulation, unless type-approval authorities consider, on a case by case basis, that the vehicle cannot meet those requirements due to its special purpose and nature.
Amendment 37 #
2013/0165(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) According to the recommendations made by the Article 29 Data Protection Working Party and contained in the ‘Working document on data protection and privacy implications in eCall initiative’, adopted on 26 September 20069 , any processing of personal data through the eCall in-vehicle system should comply with the personal data protection rules provided for in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data10 and in Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)11 , in particular to guarantee that vehicles equipped with eCall in-vehicle systems, in their normal operational status related to 112 eCall, are not traceable, that their personal data is not stored, and are not subject to any constant tracking and that the minimum set of data sent by the in- vehicle eCall system includes the minimum information required for the appropriate handling of emergency calls. __________________ 9 10 11609/06/EN – WP 125. 1609/06/EN – WP 125. 10 OJ L 281, 23.11.1995, p. 31. OJ L 281, 23.11.1995, p. 31. 11 OJ L 201, 31.7.2002, p. 37. OJ L 201, 31.7.2002, p. 37.
Amendment 42 #
2013/0165(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Since the objectives of this Regulation, namely the achievement of the internal market through the introduction of common technical requirements for new type approved vehicles equipped with the eCall in vehicle system, cannot be sufficiently achieved by the Member States and can, therefore, by reason of its scale, be better achieved at the level of the Union, the Union may adopt measures in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,The Union may adopt measures in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on the European Union.
Amendment 46 #
2013/0165(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 49 #
2013/0165(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 52 #
2013/0165(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 53 #
2013/0165(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 55 #
2013/0165(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 57 #
2013/0165(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 59 #
2013/0165(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The eCall in-vehicle system shall be accessible to all independent operators free of charge and without discrimination at least for repair and maintenance purposes.;
Amendment 60 #
2013/0165(COD)
Proposal for a regulation
Article 5 – paragraph 7 – subparagraph 1
Article 5 – paragraph 7 – subparagraph 1
Amendment 74 #
2013/0165(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point f
Article 6 – paragraph 3 – point f
(f) the time limit for the retention of data in the in-vehicle system, and the conditions and justification under which it is permitted to store such data;
Amendment 82 #
2013/0165(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 85 #
2013/0165(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission may exempt certain vehicles or classes of vehicles of categories M1 and N1 from the obligation to install eCall in-vehicle systems set out in Article 4, if following a cost/benefit analysis and technical analysis, carried out or mandated by the Commission, and taking into account all relevant safety aspects, the application of those systems proves not to be appropriate to the vehicle or class of vehicles concerned.
Amendment 141 #
2013/0091(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To increase the effectiveness of Europol as a hub for information exchange in the Union, clear obligations for Member States toMember States shall voluntarily provide Europol with the dataaccurate, timely, and necessary data for it to fulfil its objectives should be laid down. While implement. Member States shall provide information to Europol, with the aim of improving the quality and effectiveness of Europol's operations. In providing such obliginformations, Member States should pay particular attention to providing data relevant for the fight against crimes considered to be strategic and operational priorities within relevant policy instruments of the Union. Member States should also provide Europol with a copy of bilateral and multilateral exchanges of information with other Member States on crime falling under Europol's objectives. At the same time, Europol should increase the level of its support to Member States, so as to enhance mutual cooperation and sharing of information. Europol should submit an annual report to all Union institutions and to national Parliaments on the extent to which individual Member States provide it with information.
Amendment 188 #
2013/0091(COD)
Proposal for a regulation
Recital 56
Recital 56
Amendment 236 #
2013/0091(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In specific cases where Europol considers that a criminal investigation should be initiated into a crime that falls under its objectives, it shallmay inform Eurojust.
Amendment 241 #
2013/0091(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. At the same time, Europol shall request the National Units of the Member States concerned established on the basis of Article 7(2) toMember States shall fully consider any request by Europol to initiate, conduct or coordinate investigations in specific cases; the acceptance of this initiative shall be based on the facts and justifications made available by Europol, the proportionality of the initiative, conduct or coordinate a criminal investigationand existing EU and national legislation. Member States shall decide whether or not to initiate such a request.
Amendment 255 #
2013/0091(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Europol may, where considered appropriate, and in agreement with a Member State's National Unit and in accordance with national legislation, directly cooperate with competent authorities of the Member States in respect of individual investigations. In that case, Europol shall inform the National Unit without delay andEuropol shall provide a copy of any information exchanged in the course of direct contacts between Europol and the respective competent authorities.;
Amendment 263 #
2013/0091(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
(5a) Member States and national units shall not be obliged to supply information which would: (a) harm national security; (b) compromise or interfere with an ongoing investigation; (c) compromise the safety of individuals.
Amendment 267 #
2013/0091(COD)
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. Each year Europol shall draw up a report on the quantity and quality ofregarding information providedsharing by each Member State pursuant to paragraph 5 (a) and on the performance of its National Unit. The annualreport shall be analysed by the Management Board with the objective of improving the mutual cooperation between Europol and the Member States. A summary of the report shall be sent to the European Parliament, the Council, the Commission and national parliaments.
Amendment 270 #
2013/0091(COD)
Proposal for a regulation
Article 7 – paragraph 10 a (new)
Article 7 – paragraph 10 a (new)
10a. The Director of Europol may also more frequently evaluate the performance of Member States and the data provided to Europol, as well as communicate this to the Member State concerned;
Amendment 148 #
2013/0025(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Equally, it should be recognised that certain situations present a lower risk of money laundering or terrorist financing. Customer risk factors to identify low risk should include obliged entities where they are subject to requirements to combat money laundering and terrorist financing, as recognised in the FATF standards. Notaries or other independent legal professionals' pooled client accounts should be treated as low risk as the customer in this situation is an obliged entity. Such simplified due diligence should be without prejudice to the obligations that those notaries or other independent legal professionals have pursuant to this Directive. Those obligations include the need for such notaries or other independent legal professionals themselves to identify the beneficial owners of the pooled accounts held by them.
Amendment 158 #
2013/0025(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Certain aspects of the implementation of this Directive involve the collection, analysis, storage and sharing of data. The processing of personal data should be permitted in order to comply with the obligations laid down in this Directive, including carrying out of customer due diligence, ongoing monitoring, investigation and reporting of unusual and suspicious transactions, identification of the beneficial owner of a legal person or legal arrangement, sharing of information by competent authorities and sharing of information by financial institutions. The personal data collected should be limited to what is strictly necessary for the purpose of complying with the requirements of this Directive or the commercial purposes of the relationship between the customer and the obliged entity and not further processed in a way inconsistent with Directive 95/46/EC. In particular, further processing of personal data for commercial purposes of the obliged entity should be strictly prohibited.
Amendment 185 #
2013/0025(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
Article 2 – paragraph 1 – point 3 – point d
(d) real estate agents, including letting agents, in so far as they are involved in the financial transactions associated with the purchase or sale of real estate;
Amendment 195 #
2013/0025(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. With the exception of casinos and online gambling, Member States may decide to exempt fully or in part providers of certain gambling services from national provisions transposing the provisions of this Directive on the basis of the low risk posed by the nature and scale of operations of such service providers.
Amendment 338 #
2013/0025(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. EBA, EIOPA and ESMA shall issue guidelines addressed to competent authorities and the obliged entities referred to Article 2(1)(1) and (2) in accordance with Article 16 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010, and of Regulation (EU) No 1095/2010 on the risk factors to be taken into consideration and/or the measures to be taken in situations where enhanced due diligence measures need to be applied. Those guidelines shall be issued within 2 year18 months of the date of entry into force of this Directive.
Amendment 430 #
2013/0025(COD)
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The information referred to in paragraph 1 of this Article shall be forwarded to the FIU of the Member State in whose territory the institution or person forwarding the information is situatobliged entity is established. The person or persons designated in accordance with the procedures provided for in Article 8(4) shall forward the information.
Amendment 455 #
2013/0025(COD)
Proposal for a directive
Article 42 – paragraph 5
Article 42 – paragraph 5
5. EBA, EIOPA and ESMA shall develop draft regulatory technical standards specifying the type of additional measures referred to in paragraph 4 of this Article and the minimum action to be taken by obliged entities referred to Article 2(1)(1) and (2) where the legislation of the third country does not permit application of the measures required under paragraphs 1 and 2. EBA, EIOPA and ESMA shall submit those draft regulatory technical standards to the Commission within two year18 months of the date of entry into force of this Directive.
Amendment 473 #
2013/0025(COD)
Proposal for a directive
Article 45 – paragraph 4
Article 45 – paragraph 4
4. Member States shall ensure that obliged entities that operateprovide services through branches or subsidiaries in other Member States respect the national provisions of that other Member State pertaining to this Directive. Obliged entities operating under the freedom to provide services principle shall only be subject to provisions and risk assessment of the Member States where they are established pertaining to this Directive.
Amendment 485 #
2013/0025(COD)
Proposal for a directive
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Member States shall encourage their FIUs to use protected channels of communication between FIUs and to use the decentralised computer network FIU.netthemselves.
Amendment 487 #
2013/0025(COD)
Proposal for a directive
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Member States shall ensure that, in order to fulfil their tasks as laid down in this Directive, their FIUs co-operate to apply sophisticated technologies in cooperation with Europol. These technologies shall allow FIUs to match their data with other FIUs in an anonymous way by ensuring full protection of personal data with the aim to detect subjects of the FIU's interests in other Member States and identify their proceeds and funds.
Amendment 514 #
2013/0025(COD)
Proposal for a directive
Article 57 – paragraph 3
Article 57 – paragraph 3
3. EBA, EIOPA, and ESMA shall issue guidelines addressed to competent authorities in accordance with Article 16 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010 on types of administrative measures and sanctions and level of administrative pecuniary sanctions applicable to obliged entities referred to in Article 2(1)(1) and (2). These guidelines shall be issued within 2 year18 months of the date of entry into force of this Directive.
Amendment 526 #
2013/0025(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 1 – point c a (new)
Annex 2 – paragraph 1 – point 1 – point c a (new)
(ca) Obliged entities where they are subject to requirements to combat money laundering and terrorist financing under this Directive and have effectively implemented those requirements.
Amendment 538 #
2013/0025(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 2 – point c
Annex 3 – paragraph 1 – point 2 – point c
(c) non-face-to-face business relationships or transactions, e.g. electronic verification of identity;
Amendment 4 #
2012/2323(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers it democratically inappropriate and contrary to the principle of the rule of lawto be concerning that, three years after the entry into force of the Lisbon Treaty, procedures for the implementation of former third pillar acts which often exclude Parliament or provide only for consultation, irrespective of the nature of the decisions to be taken, continue to be used; calls on the Commission to include in its work programme for 2014, at the latest, proposals to amend all legal acts of the former third pillar to align them with the new hierarchy of norms under the Lisbon Treaty; stresses that this will require an individual assessment of each legal act in order to identify decisions which – as essential elements – need to be taken by the legislator, including where they touch upon the fundamental rights of the persons concerned, and those that can be considered to be non-essential (see ruling of the Court of Justice in the case C- 355/01); proposes the setting-up of an interinstitutional working party to this end;
Amendment 7 #
2012/2323(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 10 #
2012/2323(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists on an independent and legal review of the correct use of delegated acts in the new financial programmes; believes that decisions such as the setting of priorities and the allocation of financial resources among those priorities clearly supplement the basic act and therefore, require delegated acts;is concerned about the excessive delay of discussions concerning justice and home affairs programmes with a financial element which may result in the cancellation of some vital programmes.
Amendment 44 #
2012/2263(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes those Member States who have opted in to the UN's Optional Protocol to the Convention on the Rights of the Child on providing legal protection for children against the worst forms of exploitation.
Amendment 46 #
2012/2263(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the adoption by the Commission of an action plan on unaccompanied minors; deplores, however, the fact that the Commission's approach is not based more on protecting the fundamental rights of such minors and of the Mid- term report on the implementation of the Action Plan on Unaccompanied Minors' (COM(2012)0554;
Amendment 56 #
2012/2263(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the lack of reliable official data on unaccompanied minors; calls on the Member States and the European Union to establish a coordinated method for gathering information in each Member State, by means of platforms bringing together all parties involved in the problem of unaccompanied minors, and to draw up a list of national contact pointsand sharing information, and to make better use of the existing tools available to collect statistics data at the European level, such as Fronted and EASO;
Amendment 65 #
2012/2263(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the European Union and Member States ought to step up their cooperation with third countries of origin and transit concerning the problem of unaccompanied minors, preventing their arrival, combating trafficking, irregular immigration, restoration of family ties, return and readmission, including in the context of the regular dialogues conducted between the European Union and these States and the European External Action Service (EEAS);
Amendment 70 #
2012/2263(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls the important role of civil society in the readmissions of unaccompanied minors in third countries; calls thus on Member States to increase cooperation also with local and international non governmental partners in the Country of origin in order to ensure safe returns for children.
Amendment 72 #
2012/2263(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that combating trafficking in human beings is a necessary first step, as minors are particularly confronted with the risks of trafficking and exploitation and because; underlines the importance of prevention by strengthening police and judiciary cooperation between Member States. Calls on the Member States to effectively implement Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims and Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children and child pornography; considers also that action should be taken in third countries to tackle the root causes of trafficking;
Amendment 80 #
2012/2263(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Reminds Member States of Article 11 of the UN Convention on the Rights of the Child which calls on states to take measures to combat the illicit transfer of children; calls on Member States to work collaboratively with third countries to address the growing problem of child smuggling; urges Member States to prosecute smugglers where possible with appropriate and commensurable sanctions
Amendment 82 #
2012/2263(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is concerned about the situation of many unaccompanied minors who live in hiding in the EU and who are particularly vulnerable to exploitation and abuse; calls on Member States' authorities and civil society organisations to work together and take all the necessary measures to ensure their protection and dignity.
Amendment 83 #
2012/2263(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Recalls Article 3, Section 2 of the UN Convention on the Rights of the Child which refers to the duties of parents and legal guardians; urges Member States to work with third countries and international organisations to ensure that in cases where parents/legal guardians have abandoned or neglected their child, judicial action is taken.
Amendment 95 #
2012/2263(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to draw up binding strategic guidelines for use by all Member States, which should draw inspiration from their best practices, take the form of common minimum standards and detail each stage in the probuilding on the follow-up of the Action plan and on best practicess, from the arrival of a minor in European territory until an appropriate solution has been found for him;
Amendment 96 #
2012/2263(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to draw up binding strategic guidelines for use by all Member States, which should draw inspiration from their best practices, take the form of common minimum standards and detail each stage in the process, from the arrival of a minorcalls on Member States to ensure that implementation of the second phase of the Common Asylum System is carried out effectively which would in Eturopean territory until an appropriate solution has been found for him;n ensure that Member States share best practice and their expertise.
Amendment 108 #
2012/2263(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to comply strictly and without fail with the fundamental obligation never to place a minor in detention; urges Member States to place minors into specific homes for children taking into consideration their age and gender.
Amendment 116 #
2012/2263(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that each Member State has a responsibility to identify unaccompanied minors; calls on Member States to direct them immediately to specialist services which must, on the one hand, assess the individual circumstances and needs of each minor and, on the other hand, provide them with all the information they need, in a language and form they can understand; calls on Member States to share best practices on child friendly tools to clarify to the children the procedures and their rights;
Amendment 126 #
2012/2263(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Deplores the unsuitable and intrusive nature of thNotes concern over certain intrusive medical techniques used to ascertain age in some Member States and urges Member States, where necessary, to carry out less intrusive medical examinations, such as wrist x-rays; recommends that the Commission establish a commonseries of methods for ascertaining age, consisting of a multidisciplinary assessment performed by independent, trained practitioners, and with minors always being given the benefit of the doubt; considers that it should be possible to appeal against the results of this assessment; welcomes the work of the European Asylum Support Office (EASO) on this subject, which should be taken as a basis for dealing with all minors;.
Amendment 136 #
2012/2263(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States, as soon as a minor arrives within their territory and until a lasting solution has been found, to appoint a person responsible for accompanying, assisting and representing him in all procedures; calls furthermore for this person to have specific training in the problems associated with unaccompanied minors and to act completely independently; calls on the Commission to establish common standardinclude in the strategic guidelines best practices concerning the mandate, functions, qualifications and skills of this person;
Amendment 175 #
2012/2263(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the progress which has been made in asylum legislation; recalls, however, that unaccompanied minors should always be exempted from expedited procedures and from procedures at the border; recalls alsonotes that the approach agreed under Article 8 of the recast Dublin regulation states that the State responsible for an asylum application by an unaccompanied minor should always be the State of the most recent asylum application;member state should be that where the unaccompanied minor has first lodged his or her application for international protection, providing that it is in the best interests of the minor and providing that no family members are present elsewhere within the EU.
Amendment 181 #
2012/2263(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines that any decision concerning unaccompanied minors should be on the basis of an individual assessment and in respect of the best interest of the child;
Amendment 183 #
2012/2263(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Condemns the very precarious circumstances with which these minors are suddenly confronted when they reach the age of majority; calls on Member States to share best practices and institute procedures for assisting these minors in their transition to adulthood; welcomes the work of the Council of Europe on this subject and calls on the Commission to propose common standardinclude in its strategic guidelines best practices for the planning of ‘individualised life projects’ for, and with, the minor;
Amendment 191 #
2012/2263(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses firmly that the ultimate aim, once an unaccompanied minor has arrived in European territory, must be to seek an appropriate solution for him, which respects his best interests; recalls that efforts to achieve this must always begin with an examination of the possibilities of family reunification; calls on Member States to improve cooperation on family tracing and share best practices;
Amendment 203 #
2012/2263(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to propose a commonvoluntary reference framework outlining a series of conditions to be met before a minor can be returned, respecting the overriding interests of the child; reiterates in the strongest terms that no decision to return a minor may be taken if it endangers the minor's life, security or fundamental rights or those of his or her family, and that the individual circumstances of each minor must be taken into account; calls on Member States to establishnotes that monitoring arrangements to ensure the protection of minors after their return, in cooperation with countries of origin and transit; are a vital element of a return mechanism.
Amendment 6 #
2012/2132(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that as well as examining the scope and possible amendment of the Audio Visual Services Directive, there should be greater emphasis placed on compliance and implementation of the current Directive;
Amendment 7 #
2012/2132(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Expresses the importance of maintaining a balance between press freedom and press responsibility;
Amendment 9 #
2012/2032(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication on enhanced intra-EU solidarity in the field of asylum, which calls for the translation of solidarity and responsibility-sharing into concrete measures, and for Member States to fulfill their responsibility for ensuring their own asylum systems meet both international and European standards;
Amendment 36 #
2012/2032(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the establishment of the European Asylum Support Office (EASO) has the potential to promote closer practical cooperation among Member States in order to help reduce significant divergences in asylum practices, with a view to creating better and fairer asylum systems in the EU;
Amendment 67 #
2012/2032(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Emphasises the need for the Asylum and Migration Fund for the purposes of emergency funding to be made easier and quicker to access;
Amendment 81 #
2012/2032(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Stresses the importance that EU funds should be subject to budgetary constraints, and that the new allocation of funds should focus on reprioritisation of expenditure;
Amendment 99 #
2012/2032(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that joint processing could constitute a valuable tool for solidarity and responsibility-sharing in preventing or rectifying capacity problems, reducing the burdens and costs related to asylum processing, and ensuring a more equitable sharing of responsibility for the processing of asylum applications, provided that decision making remains the responsibility of the Member State;
Amendment 110 #
2012/2032(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that, under certain conditions, the physical relocation of beneficiaries of international protection and asylum seekers is one of the most concrete forms of solidarity and can make a significant contribution to a more equitable CEAS, when carried out on a case by case voluntary basis;
Amendment 136 #
2012/2032(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Stresses that if Member States fulfil their legal and fundamental rights obligations, this strengthens both trust and solidarity;
Amendment 2 #
2012/2016(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. RegretNotes that the draft budget proposed by the Commission represents only a slight increase in commitment appropriations, but a significant increase in payment appropriations in subheading 3a in comparison with 2012;
Amendment 4 #
2012/2016(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Insists that, despiteconsidering the economic crisis and the ongoing spending rationalisation, the financial year 2013 is a bridge year to the new multiannual financial framework; consequently, the 2013 budget needs to be adequate as a prerequisite for the financial framework for 2014-2020 efforts in the Member States, the Draft Budget 2013 should not increase compared to 2012;
Amendment 8 #
2012/2016(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. DeploRegrets 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 Oerrorist and extremist attacks and continued challenges posed by organised Ccrime, Corruption and Money Laundering rings operating in the Union;
Amendment 23 #
2012/2016(BUD)
5. Insists that the Agencies should, on the basis of their outputs and results and taking into account the overall situation of public finances in the EU, receive appropriate funding and be allocated the necessary staff for carrying out their activities;
Amendment 288 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 333 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
Amendment 653 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) continue to cover 7530 % of the external area of both the front and 40% of the back surface of the unit packet and any outside packaging;
Amendment 789 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 845 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.
Amendment 872 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A unit packet of cigarettes shall have a cuboid shape. A unit packet of roll-your- cigarettes shall include at least 20 cigarettes. A unit of 'roll-your-own' or 'make-your-own' tobacco shall be packaged in a cuboid or cylindrical composite can or have the form of a pouch, i.e. a rectangular poacket with a flapt that covers the opening. The flap of the pouch shall cover at least 70% of the front of the packet. A unit packet of cigarettes shall include at least 20 cigarettes. A unit packet of rollA unit packet of 'roll-your-own' or 'make-your- own tobacco' shall contain tobacco weighing at least 40 g.
Amendment 1328 #
2012/0366(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
Member States may allow the following products, which are not in compliance with this Directive, to be placed on the market until [Publications Office, please insert the exact date: entry into force + 242 months to allow for necessary changes in the production and packaging process and for the disposal of existing stocks]:
Amendment 2 #
2012/0309(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu is no longer justified. These countries do not present any risk of illegal immigration or a threat to public policy for the Union in accordance with the criteria set out in recital 5 of Regulation (EC) N° 539/2001. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to Annex II.
Amendment 4 #
2012/0309(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Exemption from the visa requirement for nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.
Amendment 6 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
(a) in point 1, the references to Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu are deleted and a reference to South-Sudan is inserted;
Amendment 7 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 2 – point a – two last references
Article 1 – point 2 – point a – two last references
"Tuvalu*", "United Arab Emirates*" and "Vanuatu*"
Amendment 705 #
2012/0011(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. This Regulation applies toas far as legally possible and is compatible with the legal system of a third country, the processing of personal data of data subjects residing in the Union by a controller not established in the Union, where the processing activities are related to:
Amendment 764 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 8
Article 4 – paragraph 1 – point 8
(8) ‘the data subject’s consent’ means any freely given, specific, and informed and explicit, contract or indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to them being processed;
Amendment 816 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) processed lawfully, fairly and in aproportionate and transparent manner in relation to the data subject;
Amendment 820 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) collected for specified, explicitclear and legitimate purposes and not further processed in a way incompatible with those purposes;
Amendment 891 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) processing is necessary in the interest of public safety, the welfare, safety, or health of an individual in line with fundamental rights and freedom;
Amendment 960 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 971 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. If the data subject's consent is to be given in the context of a written declaration which also concerns another entirely new, separate or unrelated matter, the requirement to give consent must be presented distinguishable in its appearance from this other matter.
Amendment 987 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 1005 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 1020 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 1025 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1034 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 1036 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Every child must be free to say what they think and to seek and receive all kinds of information, as long as it is within the law.
Amendment 1037 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 4 b (new)
Article 8 – paragraph 4 b (new)
4b. Every child has the right to privacy. The law should protect the child's private, family and home life.
Amendment 1038 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 4 c (new)
Article 8 – paragraph 4 c (new)
4c. Every child has the right to reliable information. This should be information that children can understand. Member State Government's must help protect children from materials that could harm them.
Amendment 1055 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent; or
Amendment 1058 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point d
Article 9 – paragraph 2 – point d
(d) processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, or association or any other non-profit-seeking body with a political, philosophical, religious or trade- union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects; or
Amendment 1079 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point j
Article 9 – paragraph 2 – point j
(j) processing of data relating to criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject, or for the performance of a task carried out for important public interest reasons, and in so far as authorised by Union law or Member State law providing for adequate safeguards. A completeny register of criminal convictions shall be kept only under the control of official authority.
Amendment 1091 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 1097 #
2012/0011(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 1107 #
2012/0011(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The controller shall have transparent and easily accessible policies as laid out in a code of practice with regard to the processing of personal data and for the exercise of data subjects' rights.
Amendment 1113 #
2012/0011(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The controller shall provide any information and any communicmake available information relating to the processing of personal data to the data subject in an intelligible form, using clear and plain language, adapted to the data subject, in particular for any information addressed specifically to a child.
Amendment 1119 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 1134 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The controller shall inform the data subject without undue delay and, at the latest within one month30 working days of receipt of the request, whether or not any action has been taken pursuant to Article 13 and Articles 15 to 19 and shall provide the requested information. This period may be prolonged for a further month30 working days, if several data subjects exercise their rights and their cooperation is necessary to a reasonable extent to prevent an unnecessary and disproportionate effort on the part of the controller. T or in case the information shall be given in writing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form,would be incomplete or inaccurate. The information shall be given in the medium in which it was requested unless otherwise requested by the data subject.
Amendment 1135 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. If the controller refuses todoes not take action on the request of the data subject, the controller shall inform the data subject ofdata subject shall have the right to ask the controller for the reasons for the refusalinaction and on the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy.
Amendment 1145 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The information and the actions taken on requests referred to in paragraph 1 shall be either free of charge. Where requests are manifestly excessive, in particular because of or at a maximum, sufficient to cover the administrative costs of handling, particularly with regard to repeat or bulk requests. Where requests are manifestly excessive, in particular with the aim of causing disruption, inconvenience or financial burden due to their repetitive character, the controller may charge a fee for providing the information or taking the action requested, or the controller may not take the action requested. In that case, the controller shall bear the burden of proving the manifestly excessive character of the request.
Amendment 1151 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 1157 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 1173 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 1178 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Amendment 1229 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the personal data are not collected fromcollected would have potentially harmful consequences or is wholly unrelated to the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, from which source the personal data originate.
Amendment 1272 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. In the case referred to in point (b) of paragraph 5, the controller shall provide appropriate measurundertake the necessary actions and protections in their activities to protect the data subject's legitimate interests.
Amendment 1276 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
Amendment 1283 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 8
Article 14 – paragraph 8
Amendment 1351 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 1360 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 1374 #
2012/0011(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The data subject shall have the right to obtain from the controller the rectification of personal data relating to them which are inaccurate. The data subject shall have the right to obtain completion of incomplete personal data, including by way of supplementing a corrective statement.
Amendment 1389 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. The data subject shall have the right to obtainrequest from the controller, and pursue, the erasure of personal data relating to them and the abstention from further dissemination of such data, especially in relation to personal data which are made available by the data subject while he or she was a child, where one of the following grounds applies:
Amendment 1411 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 1449 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point e a (new)
Article 17 – paragraph 3 – point e a (new)
(ea) if in the legitimate interest of data controllers maintaining data so long as it does not cause prejudice or harm to the data subject, their rights or interests.
Amendment 1475 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 1504 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The data subject shall have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain from the controller a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject, in so far as it does not breach the intellectual property rights or legitimate private trade practices of the data controller.
Amendment 1517 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 1527 #
2012/0011(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The data subject shall have the right to object to processing, on grounds relating to their particular situation, at any time to the processing of personal data which is based on points (d), (e) and (f) of Article 6(1), unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject.
Amendment 1533 #
2012/0011(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object free of chargeto processing to the processing of their personal data for such marketing. This right shall be explicitly offered to the data subject in an intelligible and clear manner and shall be clearly distinguishable from other information.
Amendment 1538 #
2012/0011(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 1553 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Every natural person shall have the right not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person, and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour, without prejudice to legal and legitimate forms of profiling in commercial use or for the purpose of the prevention, investigation or prosecution of criminal activity.
Amendment 1608 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. In the cases referred to in paragraph 2, the information to be provided by the controller under Article 14 shall include information as to the existence of processing for a measure of the kind referred to in paragraph 1 and the envisaged effects of such processing on the data subject.
Amendment 1635 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point c
Article 21 – paragraph 1 – point c
(c) other public interests of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation matters and the protection of market stability and integrity;
Amendment 1639 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point d a (new)
Article 21 – paragraph 1 – point d a (new)
(da) the protection of international relations;
Amendment 1659 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The controller shall adopt policies and implement appropriate measures to ensure and be able to demonstrate that the processing of personal data is performed in compliance with this Regulatione data protection principles laid out in this Regulation, and that the intended outcome is achieved for data subjects.
Amendment 1669 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. The measures provided for in paragraph 1 shall in particular includemay include measures such as:
Amendment 1695 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The controller shall implement mechanisms to ensure the verification of the effectiveness of the measures referred to in paragraphs 1 and 2. If proportionate, this verification shall be carried out by independent internal or external auditors.
Amendment 1704 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 1737 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 1743 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 1751 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. In the situation referred to in Article 3(2), the controller shall designate a representative in the Union to act as a facilitator between the data subject, the data protection supervisor and the third country data controller.
Amendment 1752 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 1768 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 1772 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
Amendment 1809 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 1818 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 2096 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
Amendment 2105 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 2114 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
Amendment 2121 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. The supervisory authority shall establish and make public a list of the processing operations which are subject to prior consultation pursuant to point (b) of paragraph 2. Tmay be referred for a high degree of specific risks, in such cases, processing shall be prohibited and data processors shall make appropriate proposals to remedy such compliance where the supervisory authority shall communicis of the opinion thate those lists to the European Data Protection Boarde intended processing does not comply with this Regulation.
Amendment 2126 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 6
Article 34 – paragraph 6
Amendment 2131 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 7
Article 34 – paragraph 7
7. Member States shallmay consult the supervisory authority in the preparation of a legislative measure to be adopted by the national parliament or of a measure based on such a legislative measure, which defines the nature of the processing, in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects.
Amendment 2155 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The controller and the processor shall designate a data protection officer responsible for data protection oversight and compliance in any case where:
Amendment 2157 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
Amendment 2168 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) the processing is carried out by an enterprise employing 2500 persons or more; or
Amendment 2222 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
Amendment 2235 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 8
Article 35 – paragraph 8
Amendment 2245 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 10
Article 35 – paragraph 10
10. Data subjects shall have the right to contact the data protection officer on all issues related to the processing of the data subject's data and to request exercising the rights under this Regulation, and for them to take the first steps in rectifying the situation.
Amendment 2251 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 11
Article 35 – paragraph 11
Amendment 2266 #
2012/0011(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The controller or processor shall ensure that the data protection officer performs the duties and tasks independently and does not receive any instructions as regards the exercise of the function. The data protection officer shall directly report to the management of the controller or the processor.
Amendment 2286 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The controller or the processor shall entrustsure the data protection officer at least with the following tasks: (a) to inform and advise the controller or the processor of theihas a clear jobligations pursuant to this Regulation and to document this activity and the responses received; (b) to monitor the implementation and application of the policies of the controller or processor in relation to the protection of personal data, including the assignment of responsibilities, the training of staff involved in the processing operations, and the related audits; (c) to monitor the implementation and application of this Regulation, in particular as to the requirements related to data protection by design, data protection by default and data security and to the information of data subjects and their requests in exercising their rights under this Regulation; (d) to ensure that the documentation referred to in Article 28 is maintained; (e) to monitor the documentation, notification and communication of personal data breaches pursuant to Articles 31 and 32; (f) to monitor the performance of the data protection impact assessment by the controller or processor description and code of conduct which explicitly lays out their data protection duties which they are entrusted to carry out, particularly the implementation and the application for prior authorisation or prior consultation, if required pursuant Articles 33 and 34; (g) to monitor the response to requests from the supervisory authority, and, within the sphere of the data protection officer's competence, co-operating with the supervisory authority at the latter's request or on the data protection officer's own initiative; (h) to act as the contact point for the supervisory authority on issues related to the processing and consult with the supervisory authority, if appropriate, on his/her own initiativeof this Regulation and their role as liaison with the supervisory authority.
Amendment 2333 #
2012/0011(COD)
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. The Member States, the supervisory authorities and the Commission shall encourage the drawing up of codes of conduct or the adoption of a code of conduct drawn up by a Supervisory Authority intended to contribute to the proper application of this Regulation, taking account of the specific features of the various data processing sectors, in particular in relation to:
Amendment 2338 #
2012/0011(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Associations and other bodies representing categories of controllers in several Member States may submit draft codes of conduct and amendments or extensions to existing codes of conduct to the CommissionEuropean Data Protection Board.
Amendment 2345 #
2012/0011(COD)
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. The CommissionEuropean Data Protection Board may adopt implementing acts for deciding that the codes of conduct and amendments or extensions to existing codes of conduct submitted to it pursuant to paragraph 3 have general validity within the Union. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
Amendment 2347 #
2012/0011(COD)
Proposal for a regulation
Article 38 – paragraph 5
Article 38 – paragraph 5
5. The CommissionEuropean Data Protection Board shall ensure appropriate publicity for the codes which have been decided as having general validity in accordance with paragraph 4.
Amendment 2371 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of furtherSupervisory Authorities and the European Data Protection Board shall lay down and specifying the criteria and requirements for the data protection certification mechanisms referred to in paragraph 1, including conditions for granting and withdrawal, and requirements for recognition within the Union and in third countries.
Amendment 2377 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. The CommissionSupervisory Authorities and the European Data Protection Board may lay down technical standards for certification mechanisms and data protection seals and marks and mechanisms to promote and recognize certification mechanisms and data protection seals and marks. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
Amendment 2388 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. A transfer may take place where the European Data Protection Board in consultation with the Commission has decided that the third country, or a territory or a processing sector within that third country, or the international organisation in question ensures an adequate level of protection. Such transfer shall not require any further authorisation.
Amendment 2402 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
Amendment 2419 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Where the Commission has taken no decision pursuant to Article 41, a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument.
Amendment 2457 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
Amendment 2481 #
2012/0011(COD)
Proposal for a regulation
Article 43 – paragraph 2 – point f
Article 43 – paragraph 2 – point f
(f) the acceptance by the controller or processor established on the territory of a Member State of liability for any breaches of the binding corporate rules by any member of the group of undertakings not established in the Union; the controller or the processor may only be exempted from this liability, in whole or in part, if he proves that that member is not responsible for the event giving rise to the damage;
Amendment 2549 #
2012/0011(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The members of the supervisory authority shall, in the performance of their duties, neither seek nor take instructions from anybody, and maintain complete independence and impartiality.
Amendment 2576 #
2012/0011(COD)
Proposal for a regulation
Article 50
Article 50
The members and the staff of the supervisory authority shall be subject, both during and after their term of office, to a duty of professional secrecy with regard to any confidential information which has come to their knowledge in the course of the performance of their official duties, whilst conducting their duties with independence and transparency as set out in the Regulation.
Amendment 2586 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Where the processing of personal data takes place in the context of the activities of an establishment of a controller or a processor in the Union, and the controller or processor is established in more than one Member State, the supervisory authority of the main establishment of the controller or processor shall be competent for theshall decide in consultation with the European Data Protection Board which authority will supervision ofe the processing activities of the data controller or thes and processors in all Member States, without prejudice to the provisions of Chapter VII of this Regulation.
Amendment 2600 #
2012/0011(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point a
Article 52 – paragraph 1 – point a
Amendment 2605 #
2012/0011(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point f
Article 52 – paragraph 1 – point f
(f) be consulted by Member State institutions and bodies on legislative and administrative measures relating togarding the protection of individuals‘ rights and freedoms with regard to the processing of personal data;
Amendment 2617 #
2012/0011(COD)
Proposal for a regulation
Article 52 – paragraph 6
Article 52 – paragraph 6
6. Where requests are manifestly excessive, in particular due to their repetitive character, the supervisory authority may charge a fee or not take the action requested by the data subject. The supervisory authority shall bear the burden of, if requested, provinge the manifestly excessive character of the request.
Amendment 2663 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Before a supervisory authority adopts a measure referred to in paragraph 2, this supervisory authority shall communicate the draft measure to the European Data Protection Board and the Commission.
Amendment 2705 #
2012/0011(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
Amendment 2730 #
2012/0011(COD)
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
Amendment 2731 #
2012/0011(COD)
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
Amendment 2733 #
2012/0011(COD)
Proposal for a regulation
Article 65 – paragraph 2
Article 65 – paragraph 2
Amendment 2772 #
2012/0011(COD)
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. The discussions of the European Data Protection Board shall be confidential where necessary, whilst upholding the highest possible standards of transparency and openness as to its general work.
Amendment 2773 #
2012/0011(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
Amendment 2776 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority in anytheir own Member State or the Supervisory Authority in the Member State ifwhere they consider thattroller is established and where the processing of personal data relating to them does not comply with this Regulation.
Amendment 2781 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
2. Any body, organisation or association which aims to protect data subjects‘ rights and interests concerning the protection of their personal data and has been properly constituted according to the law of a Member State shall have the right to lodge a complaint with a supervisory authority in any Member State on behalf of one or more data subjects if it considers thatwith the consent of the data subject if a data subject's rights under this Regulation have been infringed as a result of the processing of personal data.
Amendment 2793 #
2012/0011(COD)
Proposal for a regulation
Article 74 – paragraph 1
Article 74 – paragraph 1
Amendment 2797 #
2012/0011(COD)
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
Amendment 2799 #
2012/0011(COD)
Proposal for a regulation
Article 74 – paragraph 3
Article 74 – paragraph 3
Amendment 2802 #
2012/0011(COD)
Proposal for a regulation
Article 74 – paragraph 4
Article 74 – paragraph 4
Amendment 2805 #
2012/0011(COD)
Proposal for a regulation
Article 74 – paragraph 5
Article 74 – paragraph 5
Amendment 2839 #
2012/0011(COD)
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
Amendment 2863 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The administrative sanction shall be in each individual case effective, proportionate and dissuasive. The amount of the administrative fine shall be fixed with due regard toreflect the nature, gravity and duration of the breach, the intentional or negligent character of the infringement, the degree of responsibility of the natural or legal person and of previous breaches by this person, the technical and organisational measures and procedures implemented pursuant to Article 23 and the degree of co-operation with the supervisory authority in order to remedy the breach.
Amendment 2870 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3
Article 79 – paragraph 3
Amendment 2893 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 4 – introductory part
Article 79 – paragraph 4 – introductory part
4. The supervisory authority shall impose a fine up tofines graded in relation to the seriousness and scale of the incident, as well as the harm or potential harm caused, the length of the breach, previous infringements and the response to the incident or incidents concerned, up to a maximum of 250 000 EUR, or in case of an enterprise up to 0,5 % of its annual worldwide turnover, to anyone who, intentionally or negligently. Such infringements and fines may apply to anyone who:
Amendment 2906 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 5 – introductory part
Article 79 – paragraph 5 – introductory part
5. The supervisory authority shall impose a fine up tonder the same criteria as listed in article 79 paragraph 4, for the more serious breaches, up to a maximum of 500 000 EUR, or in case of an enterprise up to 1 % of its annual worldwide turnover, to anyone who, intentionally or negligently:
Amendment 2927 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – introductory part
Article 79 – paragraph 6 – introductory part
6. The supervisory authority shall impose a fine up tonder the same criteria as listed in Article 79(4) for the most serious breaches, up to a maximum of 1 000 000 EUR or, in case of an enterprise up to 2 % of its annual worldwide turnover, to anyone who, intentionally or negligently:
Amendment 3055 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 – point b
Article 83 – paragraph 1 – point b
(b) data enabling the attribution of information to an identified or identifiable data subject where technically and practically possible is kept separately from the other information as long as these purposes can be fulfilled in this manner.
Amendment 3073 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 2
Article 83 – paragraph 2
Amendment 8 #
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 citizens;
Amendment 24 #
2011/2182(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concerned about the situation of stateless persons permanently resident in Member States; calls in this regard on the Member States to systematically bring about just solutions based on the recommendations of international organisations; believes that such persons should have the right to vote in local elections;
Amendment 64 #
2011/2182(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 2 #
2011/2157(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers it essential that the EU fulfilcontributes, through its revised neighbourhood policy, to the realisation of the aspirations of those who fought and those who are still fighting for democracy and human rights, including the right to mobility both the Southern and the Eastern Neighbourhoods;
Amendment 35 #
2011/2157(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 40 #
2011/2157(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 54 #
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 partners;involving 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 61 #
2011/2157(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 71 #
2011/2157(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission and the Council, in order to prevent and to deal with the suffering of refugees and irregular migrants, to provide assistance to neighbouring countries, but also to swiftly proceed with the work on or the implementation of legislative files such as the revision of the FRONTEX mandate, a Schengen Evaluation Mechanism, readmission agreements, EURODAC and minimum standards for the reception of asylum seekers;
Amendment 22 #
2011/2025(INI)
Motion for a resolution
Recital C
Recital C
C. whereas it is of utmost importance that a series of key elements be taken into account when legislative solutions are considered, namely effective protection, given under all circumstances and independent of political preferences within a certain timeframebut the most exceptional circumstances as specified in the Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters; whereas the framework must be stable over a long period, and limitations on the exercise of the right, where and if needed, must be exceptional, duly justified, proportionate, and never affect the essential elements of the right itself9 ,
Amendment 39 #
2011/2025(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a strong European and international data protection regime is the necessary foundation for the ever increasing flow of personal data across borders, and whereas current differences in data protection legislation and enforcement are affecting the global economy and the single European market, as well as the effectiveness of law enforcement data exchange and national security,
Amendment 53 #
2011/2025(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that the standards and principles set out in Directive 95/46/EC represent an ideal starting point and should be further elaborated, extended and enforced, as part of a modern data protection lawframework;
Amendment 61 #
2011/2025(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers it imperative to extend the application of general data protection rules to the areas of police and judicial cooperation, including in the context of data processing at domestic level, while also allowing, as and where necessary, for restricted and harmonisedcommon standards on limitations on certain data protection rights of the individual;
Amendment 70 #
2011/2025(INI)
Motion for a resolution
Paragraph 4 – indent 1
Paragraph 4 – indent 1
– full harmonisaticomprehensive and effective common stand legal certaintyards for the applicable laws, providing a uniform and high level of protection of individuals in all circumstances,
Amendment 95 #
2011/2025(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines, furthermore, the importance of improving means and awareness of exercising the rights of access, rectification, erasure and blocking of data, and of clarifying the ‘right to be forgotten’;
Amendment 106 #
2011/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission communication’s focus on awareness- raising campaigns aimed both at the general public and more specifically at young people and the vulnerable;
Amendment 123 #
2011/2025(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes, in this context, the further examination of the possibility of making the appointment of data protection officers mandatory, since the experience of those EU Member States having already appointed a data protection officer shows that this concept has proven to be successful; points out, however, that this aspect must be carefully assessed with regard to small and micro-enterprises and must avoid incurring excessive costs or burden upon them;
Amendment 126 #
2011/2025(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Also welcomes, in this context, the efforts being made to simplify and harmonstandardise the current notification system;
Amendment 138 #
2011/2025(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is in favour of further clarifying, strengthening and harmonisingtightening coordination on the status and powers of national data protection authorities, and of exploring ways to ensure more consistent application of EU data protection rules across the internal market;
Amendment 9 #
2011/2019(BUD)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 15 #
2011/2019(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that it is necessary to coordinate the use of funds in the area of EU's external action with JHA funds, in order for them to become mutually reinforcing and serve the Union's goals concerning asylum, migration and international protection;
Amendment 21 #
2011/2019(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes note of the Commission’s decision to divide the Justice, Freedom and Security Directorate-General into two separate Directorates-General, which might have budget implicationsinsists that the net effect on the administrative expenses must be neutral;
Amendment 27 #
2011/0436(COD)
Recital 3
(3) While there is objectively a clearan added value of being an Union citizen with established rights, the Union does not always highlight the link between the solutions and achievements of a broad range of economic and social problems and the Union's policies in an effective way. Hence, the impressive achievements in terms of peace and stability in Europe, long-term sustainable growth, such as peace and stability in Europe, stable prices, an efficient protection of consumers and the environment and the promotion of fundamental rights, have not always led to a strong feeling of belonging of citizens to the Unionand the Union's policies in an effective way.
Amendment 29 #
2011/0436(COD)
Recital 4
(4) In order to bring Europe closer to its citizens and to enable them to participate fully in the construction of an ever closer Union, a variety of actions and coordinated efforts through transnational and Union level activities are required. The European Citizens' Initiative provides a unique opportunity to enable citizens to participate directly in shaping the development of EU legislation.
Amendment 36 #
2011/0436(COD)
Recital 13
Amendment 40 #
2011/0436(COD)
Article 2 – paragraph 1 – point 2 – paragraph 1
Progress will be measured against the number of beneficiaries reached directly and indirectly, the perception of the EU and its institutions by the beneficiaries, quality of projects, and percentage of first time applicants.
Amendment 50 #
2011/0436(COD)
Article 6 – paragraph 1
The programme shall be open to all stakeholders promoting European integration, in particular local authorities and organisations, European public policy research organisations (think-tanks), citizens' groups and other civil society organisations (such as survivors' associations), and educational and research institutions.
Amendment 71 #
2011/0369(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Pursuant to Article 3 of the Treaty on European Union, the Programme should support the protection of the rights of the child. Regular monitoring and evaluation should be carried out to assess the way in which the protection of the rights of the child and, moreover, child protection is addressed in the Programme's activities. Expenditure on children should be monitored in order to assess the way in which the protection of the rights of the child and child protection are addressed in the Programme's activities.
Amendment 79 #
2011/0369(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 81 #
2011/0369(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
The Programme shall finance actions which help to progress the objectives of the Justice Programme by contributing to the creation of a genuine area of justice through promoting judicial cooperation in civil and criminal matters. To that effect, the Commission shall ensure that the actions selected for funding produce quantifiable results in European judicial cooperation.
Amendment 83 #
2011/0369(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – subparagraph 2
Article 5 – paragraph 1 – point a – subparagraph 2
The indicator tos for measureing the Programme's impact and achievement of this objective shall be, inter alia, the number of cases of trans-border cooperationvarious qualitative and quantitative data collected on, for example, the level of effective re- socialisation of offenders, in particular juvenile offenders, and the number of cases of trans-border cooperation concerning, for example, the sexual exploitation of children and child trafficking.
Amendment 88 #
2011/0369(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
The Programme shall aim to promote equality between women and men and combat discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation in all its activities. The Programme shall promote and support the protection of the rights of victims.
Amendment 94 #
2011/0369(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) enhancing public awareness and knowledge of Union law and policies;, including support for national and European activities to inform people of both their rights as guaranteed under Union law and the responsibilities attached to those rights.
Amendment 96 #
2011/0369(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) supportensuring the implementation of Union law and policies in the Member States; effective, comprehensive and consistent implementation and application of Union law and policies in the Member States and ensuring the regulation, monitoring and evaluation of Union instruments covered by the Programme;
Amendment 99 #
2011/0369(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) analytical activities, such as collection of data and statisticsaccurate disaggregated data and statistics, especially in order to monitor progress towards meeting the policy objectives and financial targets for children in the next budget for Europe; development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations and impact assessments; elaboration and publication of guides, reports and educational material; monitoring and assessment of the transposition and application of Union legislation and of the implementation of Union policies; workshops, seminars, experts meetings, conferences;
Amendment 100 #
2011/0369(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) training activities for members of the judiciary and judicial staff, such as staff exchanges, workshops, seminars, train-the- trainer events, and development of online or other training modules, recognising that development of online training is more cost-effective and should be the first consideration;
Amendment 102 #
2011/0369(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) mutual learning, inter-agency coordination and collaboration, cooperation, awareness raising and dissemination activities, such as identification of, and exchanges on, good practices, innovative approaches and experiences, organisation of peer review and mutual learning; organisation of conferences and seminars; organisation of awareness-raising and information campaigns, media campaigns and events, including corporate communication of the political priorities of the European Union; compilation and publication of materials to disseminate information as well as results of the Programme; development, operation and maintenance of systems and tools using information and communication technologies;
Amendment 108 #
2011/0369(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a The Commission shall hold a regular dialogue with the beneficiaries of the programme.
Amendment 114 #
2011/0369(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall monitor the Programme regularly in order to follow the implementation of actionvities carried out under it in the areas of actions referred to in Article 6 (1) and the achievement of the specific objectives referred to in Article 5. The monitoring will also provide a means of assessing the way in which gender equality and, anti-discrimination issues have been addressed across the programme's activities. Where relevant, iIndicators should be disaggregated by sex, age, ethnicity, nationality and disability.
Amendment 117 #
2011/0369(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Monitoring shall be carried out to assess the way in which the protection of the rights of the child and child protection have been addressed across the Programme's activities. Indicators shall be disaggregated by sex, age, ethnicity, nationality and disability.
Amendment 118 #
2011/0369(COD)
Proposal for a regulation
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
1b. The Commission shall monitor spending under the Programme annually and therefore introduce budget analysis as a budget monitoring mechanism. Indicators for budget monitoring should be disaggregated by sex, age, ethnicity, nationality and disability.
Amendment 119 #
2011/0369(COD)
Proposal for a regulation
Article 13 – paragraph 1 c (new)
Article 13 – paragraph 1 c (new)
1c. The Commission shall ensure regular, external and independent evaluation of the Programme and shall report to the European Parliament on a regular basis.
Amendment 120 #
2011/0369(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The interim evaluation shall report on the achievement of the Programme's objectives, on the qualitative and quantitative impact of the implementation, and on the efficiency of the use of resources and the Programme's European added value, taking into account stakeholder consultations, with a view to determining whether funding in areas covered by the Programme shall be renewed, modified or suspended after 2020. It shall also address the scope for any simplification of the Programme, its internal and external coherence, as well as the continued relevance of all objectives and actions. It shall take into account the results of the ex-post evaluations of the programmes mentioned in Article 14.
Amendment 37 #
2011/0368(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Within the comprehensive framework of the Internal Security Fund, the financial assistance provided under this Instrument should support police cooperation, exchange of and access to information, crime prevention, the fight against cross- border, serious and organised crime including terrorism, trafficking in human beings and child sexual exploitation and distribution of child abuse images, the protection of people and critical infrastructure against security related incidents and the effective management of security related risks and crisis, taking into account common policies (strategies, programmes and action plans), legislation and practical co-operation.
Amendment 43 #
2011/0368(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Pursuant to Article 3 of the Treaty on European Union, the Instrument should aim to ensure the protection of the rights of the child, including the protection of children against violence, abuse, exploitation and neglect. The Instrument should support in particular safeguards and assistance of child witnesses and victims, and special protection and support for unaccompanied children or children otherwise in need of guardianship. Regular monitoring and evaluation, including monitoring of expenditure should be carried out to assess the way in which the protection of children is addressed in the Instrument's activities.
Amendment 54 #
2011/0368(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – paragraph 1
Article 3 – paragraph 2 – point a – paragraph 1
(a) preventing and combating cross-border, serious and organised crime including terrorism, trafficking in human beings, child sexual exploitation and distribution of child abuse images, and reinforcing coordination and cooperation between law enforcement authorities of Member States and with relevant third-countries.
Amendment 66 #
2011/0368(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
(d) measures, mechanisms and best practices for theearly identification, protection and support of witnesses and victims of crime, in particular safeguards and assistance of child witnesses and victims, and special protection and support for unaccompanied children or children otherwise in need of guardianship.
Amendment 72 #
2011/0368(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) actions improving police cooperation and, coordination between law enforcement authorities and inter-agency collaboration, including joint investigation teams and any other form of cross-border joint operation, the access to and exchange of information and interoperable technologies;
Amendment 89 #
2011/0368(COD)
Proposal for a regulation
Annex 1 – point 1
Annex 1 – point 1
Measures preventing and fighting cross- border, serious and organised crime, in particular drug trafficking, trafficking in human beings, sexual exploitation of children and distribution of child abuse images and projects identifying and dismantling criminal networks, protecting the economy against criminal infiltration and reducing financial incentives by seizing, freezing and confiscating criminal assets.
Amendment 62 #
2011/0365(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Pursuant to Article 3 of the Treaty on European Union, the Instrument should support activities which ensure the protection of children at risk of harm at the external borders. In particular, the Instrument's activities should promote the identification, immediate assistance and referral to protection services of children at risk, including the provision of special protection and assistance to unaccompanied children. Regular monitoring and evaluation, including monitoring of expenditure, should be carried out to assess the way in which the protection of children is addressed in the Instrument's activities.
Amendment 116 #
2011/0365(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a a (new)
Article 3 – paragraph 3 – point a a (new)
(aa) promoting the identification, immediate assistance and referral to protection services of children at risk, including the provision of special protection and assistance to unaccompanied children;
Amendment 144 #
2011/0365(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) studies, pilot projects and action, trainings and actions on cross-cutting issues such as fundamental rights including child protection of third-country nationals aiming to foster interagency cooperation within Member States and between Member States, and implementing the recommendations, operational standards and best practices resulting from the operational cooperation between Member States and Union Agencies.
Amendment 155 #
2011/0365(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) studies, events, training, equipment and pilot projects on cross-cutting issues such as fundamental rights, including child protection, of third-country nationals, implementing specific recommendations, operational standards and best practices, resulting from the operational cooperation between Member States and Union agencies in third countries.
Amendment 1 #
2011/0177(APP)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that the overall amount dedicated to the Area of Freedom, Security and Justice does not adequately reflect the strengtheningimportance of this area within the Lisbon Treaty and the growing tasks and challengesextent to which the EU has competences in this area;
Amendment 12 #
2011/0177(APP)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is of the opinion that children’s rights and child protection efforts should be made visible in specific funding lines so that allocations can be traced and monitored and their effectiveness assessed;
Amendment 23 #
2011/0138(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Notwithstanding the reciprocity mechanism, it is essential that the Commission discusses and negotiates matters relating to visa policy in an open and transparent manner, without using the threat of restoration of visa requirements.
Amendment 1 #
2011/0130(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation applies to protection measures taken in civil matters whatever the nature of the authority issuing the protection measure. It does not apply to protection measures covered by Regulation (EC) No 2201/2003 or to the protection measures covered by Directive [...] of the European Parliament and of the Council on the European protection order, in order to prevent overlapping between the civil law and criminal law systems.
Amendment 2 #
2011/0130(COD)
Proposal for a regulation
Article 2 – point a
Article 2 – point a
(a) 'protection measure' means any decision, whatever it may be called, of a preventive and temporary nature taken by an authority in a Member State in accordance with its national law with a view to protecting an individual person when serious reasons exist to consider the person's life, physical and/or psychological integrity or liber, dignity, personal liberty or sexual integrity to be at risk. It shall include measures ordered without the person causing the risk being summoned to appear. The following are notably protection measures: (i) an obligation not to enter(If the part of this amendment concerning the words "person's life, ...or sexual integrity" is adopted, corresponding modifications will need to be made throughout the text) Protection measures may include one or more of the following obligations or prohibitions: (i) a prohibition from entering and/or remaining in certain localities, places or defined areas where the protected person resides, works or that he visits; or (ii) an obligation not to enter into prohibition or regulation of contact, in any form, with the protected person, including by phone, electronic or ordinary mail, fax or any other means; or (iii) an obligation not to prohibition or regulation on approaching the protected person closer than a prescribed distance; or (iv) a decision attributing the exclusive use of the common housing of two persons to the protected person; or (iva) any other prohibitions or regulations imposed in order to guarantee the protection of the protected person.
Amendment 52 #
2011/0130(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation applies to protection measures taken in civil matters whatever the nature of the authority. It does not apply to protection measures covered by Regulation (EC) No 2201/2003; accordingly, the anticipated implementation processes must complement each other. It is essential to prevent overlapping between the civil law and criminal law systems.
Amendment 55 #
2011/0130(COD)
Proposal for a regulation
Article 2 – point a – subparagraph 1
Article 2 – point a – subparagraph 1
(a) ‘protection measure’ means any decision, whatever it may be called, of a preventive and temporary nature taken by an authority in a Member State in accordance with its national law with a view to protecting a personn individual person, as distinct from a group of people or a community, when serious reasons exist to consider the person's physical and/or psychological integrity or liberty to be at risk. It shall include measures ordered without the person causing the risk being summoned to appear.
Amendment 64 #
2011/0130(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The competent authorities of the Member State of origin shall issue the certificate using the standard form set out in the Annex as a suggested model, that model being open to further debate and consultation with Member States, containing, inter alia, a description of the civil measure which shall be formulated in such a way as to facilitate the recognition and, where applicable, the enforcement in the second Member State.
Amendment 68 #
2011/0130(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory wording
Article 10 – paragraph 2 – introductory wording
A person accused of causing the risk who did not enter an appearance in the Member State of origin shall have the right to a fair trial and to apply for a review of the protection measure before the competent authorities of that Member State where
Amendment 72 #
2011/0130(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 74 #
2011/0130(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The recognition of a protection measure having a civil basis may not be refused because the law of the Member State of recognition does not allow for such a measure based on the same facts.
Amendment 80 #
2011/0130(COD)
Proposal for a regulation
Article 16
Article 16
An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitlconsidered, in any proceeding relating to the enforceability of the protection measure, to benefit from the most favourablefor entitlement to benefit from legal aid or the most extensive exemption from costs or expenses provided for by the law of the Member State of recognition, as decided by the Member State.
Amendment 84 #
2011/0130(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Within the framework of the European Judicial Network in civil and commercial matters established by Council Decision 2001/470/EC, the Member States shall provide a description of the national rules and procedures concerning protection measures, including authorities competent for recognition and/or enforcement with a view to making it available to the public. Information concerning individual cases shall remain confidential.
Amendment 277 #
2011/0129(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) information on the availability of health, psychological, social and other relevant services as well as the means of accessing such services before, during or after a trial has taken place, been postponed or cancelled along with legal or other advice or representation, compensation and emergency financial support, where applicable
Amendment 278 #
2011/0129(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c b (new)
Article 4 – paragraph 1 – point c b (new)
(cb) information on the procedures of the adult and juvenile justice process, including the role of child victims, the importance, timing and manner of testimony, and ways in which interviews will be conducted during the investigation and the trial
Amendment 279 #
2011/0129(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c c (new)
Article 4 – paragraph 1 – point c c (new)
(cc) information on the existing support mechanisms for the victim when making a complaint and participating in the investigation and court proceedings
Amendment 292 #
2011/0129(COD)
Proposal for a directive
Article 5
Article 5
Member States shall take measures to ensure that all victims, taking account of their individual and specific needs, understand and can be understood during any interaction they have with public authorities in criminal proceedings, including where information is provided by such authorities.
Amendment 295 #
2011/0129(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that victims who do not understand or speak the language of the criminal proceedings concerned are provided if they so wish with interpretation, free of charge, during any interviews or questioning of the victim during criminal proceedings before investigative and judicial authorities, including during police questioning, and interpretation for their participation in court hearings and any necessary interim hearings. This interpretation shall take into account the specific needs of the victim and the extent to which he or she may need additional support to understand the full meaning and implication of any oral exchange. Measures shall be taken to ensure that this is explained in a sensitive and user- friendly manner taking due account of the victim’s age and level of maturity.
Amendment 302 #
2011/0129(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In order to ensure that victims can exercise their rights in criminal proceedings, Member States shall ensure that in all other cases and at the request of the victim, interpretation is available, free of charge, in accordance with the victims’ individual and specific needs and their role in those proceedings. in order to ensure that the victim completely understands any information communicated
Amendment 304 #
2011/0129(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where appropriate, communication technology such as videoconferencing, telephone or internet may be used, unless the physical presence of the interpreter is required in order for the victim to properly exercise their rights or understand the proceedings. Where the victim is a child, it shall be ensured that any room or waiting area allocated to the victim for videoconferencing or for any interviews or questioning is child-friendly and non- threatening.
Amendment 341 #
2011/0129(COD)
Proposal for a directive
Article 9
Article 9
Member States shall ensure that all victims may be heard during criminal proceedings and may supply evidence, taking special consideration of individual circumstances and specific needs where appropriate, may be heard during criminal proceedings and may supply evidence. Every child should be treated as a capable witness, subject to examination, and his or her testimony should not be presumed invalid or untrustworthy by reason of the child's age alone as long as his or her age and maturity allow the giving of intelligible and credible testimony with or without appropriate communication aids and tools.
Amendment 375 #
2011/0129(COD)
Proposal for a directive
Article 12
Article 12
Member States shall ensure that victims have access, in accordance with procedures in national law, to legal aid, where they have the status of parties to criminal proceedings. Children shall have the right to their own legal counsel and representation, in their own name, in proceedings where there is, or could be, a conflict of interest between the child and the parents or other involved parties.
Amendment 439 #
2011/0129(COD)
Proposal for a directive
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. Member States shall recognise that men can be victims of domestic violence as well as women and the consequences are equally detrimental to both sexes.
Amendment 441 #
2011/0129(COD)
Proposal for a directive
Article 18 – paragraph 3 b (new)
Article 18 – paragraph 3 b (new)
3b. Member States are urged to recognise the wider family unit when violent and physical crime has occurred since such crime not only has an impact on the victim her or himself but, potentially, also on the victim's spouse, parents and children.
Amendment 468 #
2011/0129(COD)
Proposal for a directive
Article 20 – point c a (new)
Article 20 – point c a (new)
(ca) the room used for interviews enables the victim to feel comfortable. Special consideration shall be made for child victims who should be accommodated in child-friendly rooms which are non- threatening;
Amendment 470 #
2011/0129(COD)
Proposal for a directive
Article 20 – point c b (new)
Article 20 – point c b (new)
(cb) medical examinations, particularly for victims with specialised needs and for children, should only be conducted when absolutely necessary.
Amendment 474 #
2011/0129(COD)
Proposal for a directive
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) interviews with the victim carried out in premises designed or adapted for that purpose and in premises specifically tailored to the needs of the individual victim;
Amendment 482 #
2011/0129(COD)
Proposal for a directive
Article 21 – paragraph 3 – point d a (new)
Article 21 – paragraph 3 – point d a (new)
(d) measures allowing a hearing to take place without the presence of the media;
Amendment 483 #
2011/0129(COD)
Proposal for a directive
Article 21 – paragraph 3 – point d b (new)
Article 21 – paragraph 3 – point d b (new)
(db) measures ensuring that the protection of privacy is mandatory for child victims, in particular through restricting disclosure of information that may lead to the identification of that child victim.
Amendment 1839 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each controller and processor and, if any, the controller's representative, shall maintain documentation of all processing operations under its responsibility regarding data handling practices, including what purpose data processing is being carried out for and for which data controller.
Amendment 1847 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. The documentation shallould contain at least the following information:
Amendment 1882 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The controller and the processor and, if any, the controller's representative, shall make the documentation available, on request, to the supervisory authority. However, equal emphasis and significance must be placed on good practice and compliance and not just the completion of documentation.
Amendment 1896 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point a
Article 28 – paragraph 4 – point a
Amendment 1902 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point b
Article 28 – paragraph 4 – point b
(b) an enterprise or an organisation employing fewer than 2500 persons that is processing personal data only as an activity ancillary to its main activities.
Amendment 1958 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 24 hour10 working days after having become aware of it, or when sufficient and conclusive information regarding the data breach can be obtained, shall notify the personal data breach to the supervisory authority. The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hour10 working days.
Amendment 1965 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Pursuant to point (f) of Article 26(2), the processor shall alert and inform the controller immediatelas a matter of urgency after the establishment of a personal data breach.
Amendment 1978 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The controller shall document any personal data breaches without undue delay when asked to be provided, comprising the facts surrounding the breach, its effects and the remedial action taken. This documentation must enable the supervisory authority to verify compliance with this Article. The documentation shall only include the information necessary for that purpose.
Amendment 1997 #
2011/0011(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. When the personal data breach is likely to have an adversely affect to the protection of the personal data or privacy of the data subject with respect to proportionality, the controller shall, after the notification referred to in Article 31, communicate the personal data breach to the data subject without undue delay.
Amendment 2007 #
2011/0011(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
Amendment 2076 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
Amendment 2089 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 7
Article 33 – paragraph 7
7. The CommissionEuropean Data Protection Board in contact with the Supervisory Authority may specify standards and procedures and guidance for carrying out and verifying and auditing the assessment referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 21 #
2010/2311(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas, the European Union has been an increased target and victim of terrorism in the 21st century, and faces an ever present threat,
Amendment 40 #
2010/2311(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the aim of counter-terrorism policies should be to undermine the objectives of terrorism, which are to destroy the fabric of our free, open and democratic society; whereas the aim of counter-terrorism must be to protect and strengthen that fabric of democratic society and the effectiveness of counter-terrorism policies must be measured against this aim; whereas in this logic, strengthening civil liberties and democratic scrutiny is not an obstacle to such policies, but their prime objective,a primary objective along with ensuring the security and safety of European citizens;
Amendment 31 #
2010/2309(INI)
Motion for a resolution
Citation 30 a (new)
Citation 30 a (new)
- A. Whereas the enlargement of the Schengen Area, which brings for example source countries of human trafficking within the area of free movement, makes it more important to develop effective strategies on combating organised crime within the European Union;
Amendment 79 #
2010/2309(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is convinced that organised crime is one of the key threats to the internal security of the EU; considers that it should be treated separately from terrorism and calls for a specific, horizontal EU strategy on the issue, including legislative and operational measures,is of the opinion that Europol and Eurojust must make more of their allocation of funds and a strict implementation timetableed funding in this area;
Amendment 83 #
2010/2309(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on theSupports Member States to clarify their political willin their actions to combat organised crime, first and foremost by strengthening their judicial authorities and police forces based on the best current experience and by assigning adequate human and financial resources for that purpose;
Amendment 100 #
2010/2309(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that to counter transnational organised crime requires an effort on the part of the Member States and calls on them to apimproximate their legislation, especially with reference to the development of common, standardve cooperation and coordination, especially with regard to procedures and types of criminal offence, taking as a model the legal systems that are the most highly developed in terms of countering organised crime;
Amendment 115 #
2010/2309(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to submit, as soon as possible, an organic proposal for a directive on the confiscation of assets and the proceeds of crime, accepting and supporting the urgent need for European legislation on the re-use of crime proceeds for social purposes, including witness protection, so that the capital of criminal organisations or their associates can be re- injected into legal, clean, transparent and virtuous economic circuits;
Amendment 134 #
2010/2309(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls onUrges the Commission to draw up a proposal for a directive to make the offence of Mafia associationassociating with Mafia or other criminal rings a punishable crime in all Member States, in order to be able to punish criminal organisations which profit from their very existence, through their ability to intimidate – even without any specific acts of violence or threats – with the aim of securing the management or control, either directly or indirectly, of businesses, concessions, authorisations, contracts and public services, or of making, for themselves or others, unfair profits or gaining unjust advantages, or of preventing or impeding the free exercise of voting rights or securing votes for themselves or others in elections;
Amendment 138 #
2010/2309(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 146 #
2010/2309(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to conduct a study to assess the negative impact of transnational organised crime in the European Union, primarily referring to Mafia-style organised crime and its links with criminal organisations from countries outside Europeeffectiveness of EU and Member States crime-fighting agencies;
Amendment 155 #
2010/2309(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 167 #
2010/2309(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises that despite the protocols and bilateral agreements between Europol, Eurojust and OLAF there is still significant room for improvement as far as cooperation between these institutions is concerned; calls, therefore, on Europol, Eurojust and OLAF, OLAF and the European anti- trafficking coordinator to make tangible, joint efforts both to assess and constantly update the cooperation agreements and to implement them, notably with reference to exchanges of case summaries, information relating to cases and strategic information and data;
Amendment 187 #
2010/2309(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses the importance of promoting a culture of legality and increasing awareness and knowledge of the issue among citizens and, in general, public opinion; highlights, in this regard, the fundamental role of a free press that is free from all outside influences and can thus investigate and publicise the links between organised crime and vested interests, first and foremost those of politics; expresses serious concern over all measures taken by Member States which tend to reduce press freedom or subject it to any form of control;
Amendment 193 #
2010/2309(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises the vital importance of public sector transparency in the fight against organised crime and calls on the Commission to take action to lay down the necessary rules and ensure that the use of EU funds is fully traceable and monitored both by the competent institutions and the citizens and press; calls for this information to be promptly made available on the internet; calls on the Member States to adopt similar measures to make all transactions using public funds transparent, with particular reference to local authorities, which are more liable to infiltration by organised crime, taking into account the inherently secretive nature of organized crime fighting actions;
Amendment 217 #
2010/2309(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
Amendment 218 #
2010/2309(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Calls on the Commission to investigate the abuse of self-employment regulations within the Schengen Area by human traffickers who use this possibility to lure mainly Central and Eastern European women into prostitution in mainly Western European countries;
Amendment 223 #
2010/2309(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the European institutions to send out a clear message at EU level and to assert their political influence internationally with a view to curbing forms of money laundering through the use of the financial markets, in particular by: drawing up better capital control rules; encouraging a reduction of the pervasiveness of the financial markets (using tools such as the taxation of investment income and the introduction of a tax on international financial transactions); imposing increased transparency on the use of public funds, first and foremost on those to support private sector development, and carrying out a serious and effective offensive against tax havens by imposing country- by-country financial reporting on all multinational economic operators; promoting a multilateral agreement on the exchange of tax-related information whilst revising the definition of ‘tax haven’ and the list of these secret jurisdictions;
Amendment 18 #
2010/2278(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges the Member States to implement the Framework DirectiveDirective 2006/123/EC on Sservices of Genin the internal Economic interesmarket more quickly;
Amendment 29 #
2010/2278(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers an influxRecognizes the importance of highly qualified migrants and seasonal workers to be beneficial tofor the European economy; calls on the CommissionMember States, therefore, to further develop immigration policyies in respect of those groups, while simultaneously improving the management of external borders and prevention of illegal immigration;
Amendment 31 #
2010/2278(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers the fight against corruption and organized crime essential for the proper functioning of the internal market and calls on the Commission and the Member States to continue their work in this field, using all available instruments, including the Mechanism for Cooperation and Verification;
Amendment 4 #
2010/2273(INI)
Draft opinion
Recital A (new)
Recital A (new)
A. whereas mobility of EU workers should be encouraged throughout the European Union where there is an employment need,
Amendment 5 #
2010/2273(INI)
Draft opinion
Recital B (new)
Recital B (new)
Amendment 12 #
2010/2273(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that certain professional and technical jobs require a level of fluency in the language of the host Member State and a host Member State has the right to monitor this, even though this doesn't mean that an applicant to a specific job must be a native speaker;
Amendment 33 #
2010/2273(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that 'workers rights' can only be implemented if and when an EU migrant is gainfully employed in a host Member State;
Amendment 18 #
2010/2269(INI)
Draft opinion
Recital E a (new)
Recital E a (new)
Ea. whereas it is recognised in law that refugees, asylum seekers, internally displaced people and migrants are different categories of people seeking to move from their country of origin,
Amendment 19 #
2010/2269(INI)
Draft opinion
Recital E b (new)
Recital E b (new)
Eb. whereas legal migration is a process which is optimum for the individual seeking to move from their country of origin and the receiving country,
Amendment 29 #
2010/2269(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Asks that Member States work collaboratively with non- EU countries to ensure that information relating to legal migration is readily available and that legal migration is positively advocated;
Amendment 2 #
2010/2154(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the importance of the fight against terrorism, and supports in this only the use of legitimate means, which are necessary inthe importance of the use of proportionate and lawful security measures which are essential in the prevention of terrorist incidents, and stresses that any methods used must respect the fundamental rights of passengers and be reflective of a free and open democratic society;
Amendment 33 #
2010/2154(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for every body scanner to meet a minimum set of technical requirements before it can be placed on a permissible screening methods list; these requirements should inter alia ensure the prevention of any possible health risk to the passenger, including long- term risks; calls in this regard for any form of x-ray technology to be explicitly excluded from the permissible screening methods listthe use of those scanners which use ionizing radiation, for example x-rays, which can have a cumulative effect to be restricted and to ask for further research as to their effects;
Amendment 57 #
2010/2154(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that refusal to undergo a body scan should not constitute ipso facto any suspicion of the person concerned and that, in the procedure before being submitted to a body scan or related to the refusal of a body scan, any forms of profiling based on, for example, sex, race, colour, ethnicity, genetic features, language, religion or belief is unacceptable;
Amendment 63 #
2010/2154(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for people who are willing to be submitted to a body scan to be properly and comprehensibly informed about theinformation to be made available in order for passengers to properly and comprehensibly understand the procedure of being checked by a body scanner, including their right to refuse to be submitted to a body scan and their right to complain and seek redress in case of perceived irregularities related to the body scan or their refusal to be submitted to it and the subsequent standard security check;
Amendment 75 #
2010/2114(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that security arrangements and requirements at high-risk CBRN facilities throughout the EU must be the subject of EUconsistent, co-ordinated and appropriate Member State monitoring and self regulations, rather than merely ‘good- practice documents’, througwith a consistent European consultation process bringing together EU bodies, Member State authorities and organisations dealing with high-risk CBRN agents; urges that until such regulations are adopted and in place, a greater monitoring and inspection role should be entrusted to the Commission;
Amendment 79 #
2010/2114(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 97 #
2010/2114(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that a future short-term revision of the EU CBRN Action Plan should not simply promote self-regulation among the industries concerned, and not merely advise the industries to adopt codes of conduct, but actually call on the Commission to develop pan-European guidelines and regulco-ordinations applicable to all sectors dealing with high-risk CBRN agents;
Amendment 100 #
2010/2114(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that it is of the utmost importance to keep a close track of all transactions involving high-risk CBRN materials in the EU, and that instead of merely ‘urging’ the industry to report on transactions, as stated in the adopted Action Plan, the Commission and the Member States should work on a proper legal framework to regulate and monitor, monitor and increase EU co-ordination with regard to transactions, thus ensuring proper and rapid reporting of all suspicious transactions as well as the loss or theft of CBRN materials; emphasises that these regulationmeasures should establish a proper basis for full transparency in all sectors dealing with CBRN agents, thus holding industries accountable for such transactions;
Amendment 4 #
2010/2028(INI)
Motion for a resolution
Recital B
Recital B
B. whereas broadcasting is still the main media, alongside other media, are among the most important sources of information for mostavailable to citizens in the EU and as such is uniquely placed to influence people’s values and opinionMember States,
Amendment 26 #
2010/2028(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the traditional boundaries in the media sector can developments in digital techno longer be upheld in the online environment since traditional media cannot survive without expanding into new platformgies have led to the development of new media platforms and services (SMS services, internet pages, applications for smart phones, etc.),
Amendment 29 #
2010/2028(INI)
Motion for a resolution
Recital J
Recital J
J. whereas public service broadcasting is a crucial asset in maintaining a public sphere in the digital era, which is characterised by audience fragmentationwhilst increased consumer choice has lead to audience fragmentation, public service broadcasting has made a positive contribution towards maintaining a public sphere in the digital era,
Amendment 60 #
2010/2028(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reaffirms its attachcommitment to the dual broadcasting system, where private and public media play their respective roles, and access to information must be ensured irrespective of consumers’ ability to pay;
Amendment 71 #
2010/2028(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights against this background the specific mission of public service broadcasting in the digital era to bring high-quality media content to as many European citizens as possible and to maintain a public sphere within the aim of overcomingcontext of audience fragmentation;
Amendment 123 #
2010/2028(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls further on Member States to adequately to address the issue of underfunding of some public service broadcasters, within the boundaries of the Commission’s state aid guidelines;
Amendment 127 #
2010/2028(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 147 #
2010/2028(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Invites the Commission to launch an initiative on a possiblepublish a study on the feasibility of introducing a legal framework for content aggregators under which search engines would contribute to content creation;
Amendment 123 #
2010/0802(COD)
Draft directive
Article - 1 (new)
Article - 1 (new)
Amendment 127 #
2010/0802(COD)
Draft directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1) “European protection order” means a judicial decision relating to a protection measure issued by a Member State and aimingin the context of criminal proceedings following the commission of a criminal offence aimed at facilitating the taking by another Member State, where appropriate, of a protection measure under its own national law with a view to the safeguard of the life, physical and psychological integrity, freedom or sexual integrity of a person.
Amendment 131 #
2010/0802(COD)
Draft directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2) "Protection measure" means a decision adopted by a competent authority of a Member State imposing on a person causing dangerin the issuing State in the context of criminal proceedings by which one or more of the obligations or prohibitions, referred to in Article 2(2), provided that the infringement of such obligations or prohibitions constitutes a criminal offence under the law of the Member State concerned or may otherwise be punishable by a deprivation of liberty in that Member Stateare imposed on a person causing danger, for the benefit of a protected person with a view to protecting the latter against a criminal act which may endanger his life, physical or psychological integrity, personal liberty or sexual integrity.
Amendment 189 #
2010/0802(COD)
Draft directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The competent authority of the executing State shall inform without delay the person causing danger, the competent authority of the issuing State and the protected person about the measures adopted in accordance with this Article. whilst avoiding disclosing the address or other contact details concerning the protected person. The person causing danger must have the opportunity to challenge the measures.
Amendment 210 #
2010/0802(COD)
Draft directive
Article 10 – paragraph 3 c (new)
Article 10 – paragraph 3 c (new)
3c. If the competent authority in the issuing State has modified the European protection order in accordance with paragraph 1(a), the competent authority in the executing State shall, as appropriate: (a) change the measures taken on the basis of the European protection order, acting in accordance with Article 8; (b) refuse to enforce the modified obligation or prohibition when it does not fall within the types of obligations or prohibitions referred to in Article 4, does not respect the wishes of the victim or is incompatible with the European Convention on Human Rights (ECHR), or if the information transmitted with the European protection order in accordance with Article 6 is incomplete and has not been completed within the time limit set by the competent authority of the executing state in accordance with Article 8(2a).
Amendment 212 #
2010/0802(COD)
Draft directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
1. The competent authority of the executing State may revoke the recognidiscontinue the measures taken in execution of a European protection order: (a) where there is evidence that the protected person has definitively left the territory of the executing State. victim requests the discontinuation of the protection measure or the discontinuation of the protection measure is required to protect any person’s rights under the ECHR.
Amendment 32 #
2010/0312(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
Amendment 30 #
2010/0215(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Information about rights should be given to all suspected and accused persons promptly at the outset of criminal proceedings, be it orally or in writing. Information about rights to be given under this Directive should as a minimum requirement under this Directive include information on the right of access to a lawyer, the right to be informed of the charge and, where appropriate, to be given access to the case-filmaterials of the case, the right to interpretation and translation for those who do not understand the language of the proceedings and the right to be brought promptly before a court if the suspected or accused person is arrested. This is without prejudice to information to be given on other procedural rights stemming from the Charter, the ECHR, the ICCPR and applicable EU legislation as interpreted by the relevant courts and tribunals.
Amendment 34 #
2010/0215(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Where a suspected or accused person is arrested, information about these immediately relevant procedural rights should be given by means of a written Letter of Rights drafted in an easily comprehensible manner so as to ensure that he has an actual understanding of his rights. To help Member States design such a Letter of Rights and to promote greater consistency between Member States, aA model of the Letter of Rights, which Member States may use, is provided in Annex I to the Directive. This model is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force. The actual letter based on this model should also include other relevant procedural rights that apply in Member States.
Amendment 35 #
2010/0215(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The most effective way of ensuring that a suspected or accused person has sufficient information about the charge is to allow him or his lawyer access to the case-filmaterials of the case. This access may be restricted where it poses a serious risk to the life of another person or the internal security of the Member State.
Amendment 40 #
2010/0215(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In accordance with the United Nations Convention on the Rights of the Child, a child means every person below the age of 18 years. Ind with all relevant laws of the Member States, in all action relating to children, the child's best interests must be a primary consideration.
Amendment 43 #
2010/0215(COD)
Proposal for a directive
Recital 25
Recital 25
(25) The rights provided for in this Directive should also apply, mutatis mutandis, to proceedings for the execution of a European Arrest Warrant according to the Council Framework 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States. To help Member States design such a Letter of Rights and to promote greater coherence between Member States aA model form of the Letter of Rights, which Member States may use, is provided in Annex 1 to the Directive. This model form is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force.
Amendment 45 #
2010/0215(COD)
Proposal for a directive
Recital 26
Recital 26
(26) The provisions of this Directive set minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection in situations not explicitly dealt with in this Directive. The level of protection should never go below the standards provided by the ECHR, as interpreted in the case-law of the European Court of Human Rights.
Amendment 63 #
2010/0215(COD)
Proposal for a directive
Article 3 – paragraph 2 – indent 2
Article 3 – paragraph 2 – indent 2
– the right to be informed of the charge and, where appropriate, to be given access to the case-filmaterials of the case,
Amendment 79 #
2010/0215(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a person is arrested by the competent authorities of a Member State in the course of criminal proceedings, he shall be promptly provided with information about his procedural rights in writing (Letter of Rights). He shall be given an opportunity to read the Letter of Rights and be allowed to keep it in his possession throughout the time he is deprived of his liberty, unless deemed inappropriate for security reasons or reasons of personal safety.
Amendment 84 #
2010/0215(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that, where the suspected or accused person does not speak or understand the language of the proceedings, he receives the Letter of Rights in a language he understands. Member States shall ensure that a mechanism is in place to convey the information to a suspected or accused person who is partially sighted or cannot read or has difficulty with literacy. Where the suspected or accused person is a child, the information contained in the Letter of Rights shall also be provided orally in a manner adapted to the child's age, level of maturity and intellectual and emotional capacities.
Amendment 104 #
2010/0215(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where a suspected or accused person is arrested at any stage of the criminal proceedings, Member States shall ensure that he or his lawyer is granted access to those documents contained ine materials of the case-file, which are relevant for the determination of the lawfulness of the arrest or detention. However, it may be necessary to withhold certain materials which may compromise national security, the safety of persons involved in the investigation, or jeopardise another investigation.
Amendment 108 #
2010/0215(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that an accused person or his lawyer is granted access to the case-filmaterials of the case once the investigation of the criminal offence is concluded. Access to certain documents contained in the case-file may be refused by a competent judicial authority where access to these documents may lead to serious risk to the life of another person or may seriously harm the internal security of the Member State in which the proceedings take place. Where it is in the interests of justice, the accused person or his lawyer may request an index of the documents contained inmaterials of the case-file.
Amendment 112 #
2010/0215(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Access to the case-filmaterials of the case shall be provided in good time to allow the suspected or accused person to prepare his defence or challenge pre-trial decisions. It shall be provided free of charge.
Amendment 114 #
2010/0215(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where the notification of rights is made orally in accordance with Article 4(4), it shall be recorded in such a manner as to allow verification of the content of the notification where necessary.
Amendment 76 #
2010/0210(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Activities dependent on the passing of the seasons are typically to be found in sectors such as agriculture, during the planting or harvesting period, or tourism, during the holiday period, but not excluding other sectors where a seasonal need for workers may arise.
Amendment 86 #
2010/0210(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The Directive should provide for a flexible entry system based on demand and objective criteria as determined by individual Member States, such as a valid work contract or a binding job offer that specifies the level of remuneration applicable to seasonal workers in the sector concerned.
Amendment 97 #
2010/0210(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The duration of stay should be limited to a maximum period per calendar year, as prescribed by individual Member States which, together with the definition of seasonal work, should ensure that the work is of genuinely seasonal nature. Provision should be made that within that maximum duration of stay, an extension of the contract or change of employer is possible. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers' actual workforce needs.
Amendment 56 #
2010/0065(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Poverty is a leading driver in the prevalence of trafficking in human beings, the EU has to do more to tackle poverty within the EU and outside of the EU.
Amendment 125 #
2010/0065(COD)
Proposal for a directive
Article 4
Article 4
Amendment 136 #
2010/0065(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall take the necessary measures toand are responsible for ensureing that legal persons can be held liable for an offence referred to in Articles 2 and 3 committed for their benefit by any person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on
Amendment 144 #
2010/0065(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In accordance with their own national law Member States shall ensure that investigation into or prosecution of offences referred to in Articles 2 and 3 is not dependent on reporting or accusation by a victim and that criminal proceedings may continue even if the victim has withdrawn his or her statement.
Amendment 145 #
2010/0065(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In accordance with their own national law Member States shall take the necessary measures to enable the prosecution of an offence referred to in Articles 2 and 3 for a sufficient period of time after the victim has reached the age of majority.
Amendment 149 #
2010/0065(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. In accordance with their own national law Member States shall take the necessary measures to ensure that persons, units or services responsible for investigating or prosecuting offences referred to in Articles 2 and 3 are trained accordingly.
Amendment 150 #
2010/0065(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. In accordance with their own national law Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases are available to persons, units or services responsible for investigating or prosecuting offences referred to in Articles 2 and 3.
Amendment 152 #
2010/0065(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. In accordance with their own national law Member States shall take the necessary measures to establish its jurisdiction over an offence referred to in Articles 2 and 3 where:
Amendment 155 #
2010/0065(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall take the necessary measures, as deemed appropriate by their national government to ensure that assistance and support are provided to victims before, during and for an appropriate time after criminal proceedings in order to enable them to exercise the rights set forth in Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings, and in this Directive.
Amendment 196 #
2010/0065(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall take appropriatethe strongest measures to discourage the demand that fosters all forms of exploitation related to trafficking in human beings.
Amendment 216 #
2010/0065(COD)
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Member States are urged to coordinate and cooperate in the area of cross border crime in a manner which is conducive to crime prevention. The sharing of information, the sharing of best practice and continued open dialogue between law enforcement agencies are positive, preventative steps to tackle human trafficking.
Amendment 44 #
2010/0064(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Sexual abuse and sexual exploitation of children, including child pornography constitute serious violations of the law and of fundamental rights, in particular the rights of the child to protection and care as is necessary for his or her well-being as stipulated by the UN Convention on the Rights of the Child and the Charter of Fundamental Rights of the European Union.
Amendment 46 #
2010/0064(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Sexual abuse mainly occurs by a person familiar to the child and can occur within the home, school, community, youth or religious groups or state care for children.
Amendment 85 #
2010/0064(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Child pornography, which constitutes sex abuse images, is a specific type of content which cannot be construed as the expression of an opinion. To combat it, it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible Web. Action is therefore necessary to remove the content at source and apprehend those guilty of making, distributing or downloading child abuse images. The EU, in particular through increased cooperation with third countries and international organisations, should seek to facilitate the effective removal by third country authorities of websites containing child pornography, which are hosted in their territory. Any webpage containing sexual abuse images of children originating from an EU Member State should be removed. However as, despite such efforts, the removal of child pornography content at its source proves to be difficult where the original materials are not located within the EU, mechanisms should also be put in place to block access from the Union's territory to internet pages identified as containing or disseminating child pornography. For that purpose, different mechanisms can be used as appropriate, including facilitating the competent judicial or police authorities to order such blocking, or supporting and stimulating Internet Service Providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such Internet pages. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users, adhere to existing legal and judicial procedures and comply with the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. The Safer Internet Programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online.
Amendment 101 #
2010/0064(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – subpoint iv a (new)
Article 2 – paragraph 1 – point b – subpoint iv a (new)
(iva) child pornography does constitute a form of child abuse;
Amendment 121 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Causing a child to participate in pornographic performances shall bis child abuse and therefore punishable by a maximum term of imprisonment of at least two yearsas laid down by the Member State.
Amendment 126 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Profiting from or otherwise exploiting a child participating in pornographic performances shall bis child abuse and therefore punishable by a maximum term of imprisonment of at least two yearsas laid down by the Member State.
Amendment 129 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Knowingly aAttending pornographic performances involving the participation of children shall bis child abuse and therefore punishable by a maximum term of imprisonment of at least two yearsas laid down by the Member State.
Amendment 135 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Recruiting a child to participate in pornographic performances shall bis child abuse and therefore punishable by a maximum term of imprisonment of at least five yearsas laid down by the Member State.
Amendment 141 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Causing a child to participate in child prostitution shall bis child abuse and therefore punishable by a maximum term of imprisonment of at least five yearsas laid down by the Member State.
Amendment 146 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Profiting from or otherwise exploiting a child participating in child prostitution shall bis child abuse and therefore punishable by a maximum term of imprisonment of ats least five yearsaid down by the Member State.
Amendment 154 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 8
Article 4 – paragraph 8
8. Engaging in sexual activities with a child, where recourse is made to child prostitution shall bis child abuse and therefore punishable by a maximum term of imprisonment of at least five yearsas laid down by the Member State.
Amendment 156 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 9
Article 4 – paragraph 9
9. Coercing a child to participate in pornographic performances shall bis child abuse and therefore punishable by a maximum term of imprisonment of ats least eight yearsaid down by the Member State.
Amendment 162 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 10
Article 4 – paragraph 10
10. Recruiting a child to participate in child prostitution shall bis child abuse and therefore punishable by a maximum term of imprisonment of ats least eight yearsaid down by the Member State.
Amendment 167 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 11
Article 4 – paragraph 11
11. Coercing a child into child prostitution shall bis child abuse and therefore punishable by a maximum term of imprisonment of at least ten yearsas laid down by the Member State.
Amendment 173 #
2010/0064(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Acquisition or possession of child pornography shall be punishable by a maximum term of imprisonment of at least one yearas laid down by the Member State.
Amendment 177 #
2010/0064(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Knowingly obtaining access, by means of information and communication technology, to child pornography shall be punishable by a maximum term of imprisonment of at least one yearas laid down by the Member State.
Amendment 181 #
2010/0064(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Distribution, dissemination or transmission of child pornography shall be punishable by a maximum term of imprisonment of at least two yearsas laid down by the Member State.
Amendment 184 #
2010/0064(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Offering, supplying or making available child pornography shall be punishable by a maximum term of imprisonment of at least two yearsas laid down by the Member State.
Amendment 187 #
2010/0064(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Production of child pornography shall be punishable by a maximum term of imprisonment of ats least five yearsaid down by the Member State.
Amendment 199 #
2010/0064(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The proposal, by means of information and communication technology, by an adult to meet a child who has not reached the age of sexual consent under national law, for the purpose of committing any of the offences referred to in Articles 3 (3) and Article 5 (6), where this proposal has been followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least two yearsas laid down by the Member State.
Amendment 226 #
2010/0064(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall take the necessary measures to ensure that the measure referred to in paragraph 1 is entered in the criminal record of the convicting Member State. Member States shall take the necessary measures to ensure that when recruiting for any activity which involves close proximity with children, employers shall be entitled to obtain information from competent authorities concerning the existence of convictions for an offence referred to in Articles 3 to 7 or of any additional measure related to those convictions which prevents them from exercising activities involving contacts with children. If serious suspicion should arise during working relations, employers may, in accordance with national law, request such information even after the recruitment procedure. Member States authorities shall ensure, by any appropriate means and in accordance with national law, that such information may also be obtained from the criminal records held in other Member States.
Amendment 329 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary measures to obtain the blocking ofremoval at source of the web page containing or disseminating child pornography. Any webpage containing sexual abuse images of children originating from an EU member State should be removed. In addition, in order to protect the best interest of the child, Member States may set up procedures to block access by Internet users in their territory to Internet pages containing or disseminating child pornography in accordance with national law. The blocking of access shall be subject to adequate safeguards, in particular to ensure that the blocking is limited to what is necessary, that users are informed of the reason for the blocking and that content providers, as far as possible, are informed of the possibility of challenging it.
Amendment 101 #
2010/0039(COD)
Proposal for a regulation – amending act
Recital 36
Recital 36
Amendment 102 #
2010/0039(COD)
Proposal for a regulation – amending act
Recital 37
Recital 37
Amendment 183 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 2007/2004
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
The Agency may acquire or lease technical equipment for external border control to be deployed during joint operations, pilot projects, Rapid Border Intervention Teams, return operations or technical assistance projects in accordance with the financial rules applicable to the Agency. Any acquisitionleasing of equipment entailing significant costs to the Agency shall be preceded by a thorough needs and cost/benefit analysis. In case the Agency acquires or leases important technical equipment such as open sea and coastal patrol vessels or vehicles, to be used in joint operations, the following provisions shall apply:
Amendment 184 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 2007/2004
Article 7 – paragraph 1 – subparagraph 1 – indent 1
Article 7 – paragraph 1 – subparagraph 1 – indent 1
Amendment 149 #
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 implementis established to provide assistance and expertise concerning the fundamental rights situation ofin the CharterEU; points out that its monitoring role should extend to the acceding countries; reiterates its request to be fully associated in revising the multi- annual programme of the FRA;
Amendment 213 #
2009/2161(INI)
Motion for a resolution
Paragraph 35 – indent 4
Paragraph 35 – indent 4
– protecting the rights of victims, an area in which EU-wide legislation is required, without redirecting attention and resources that go into prevention, combating criminals and terrorists and into addressing root causes,
Amendment 224 #
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, while establishing the legal responsibilities and competences that are involved,
Amendment 236 #
2009/2161(INI)
Motion for a resolution
Paragraph 35 – indent 7
Paragraph 35 – indent 7
– drawing up an action-oriented strategy on the Roma and mainstreaming the issue in European and nation, national, regional and local policy implementation,
Amendment 78 #
2009/2158(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines that a substantial part of the financing should come from public contributions and proposes to take into account the process of digitisation under the aegis of the Lisbon strategy, and to include part of the costs of digitisation in the next Multiannual Financial Framework through the Community programmes, but recommends that the project continue to look for revenue streams in order that it become self-financing in the longer term;
Amendment 89 #
2009/2158(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Proposes that a review of the funding arrangements for Europeana be carried out by Parliament, in conjunction with the Commission, as early as 2011, with a view to finding a sustainable financing model for the project for 2013 and beyond; suggests that a move to the public-private funding structure would maximise the potential of the site;
Amendment 9 #
2008/2134(INI)
Draft report
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Suggests that the Commission facilitate the exchange of best practice on security measures at small to medium- sized airports;
Amendment 10 #
2008/2134(INI)
Draft report
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that helicopters can be an important short-haul connecting tool between airports and urges the Commission and Member States to include them in capacity-enhancing strategies;
Amendment 18 #
2008/2134(INI)
Draft report
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Considers it vitally important that airspace zoning around small and medium-sized airports be appropriate for general and business aviation users, and that any changes to such zones be preceded by a consultation with such users;
Amendment 19 #
2008/2134(INI)
Draft report
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Urges Member States to include such small and medium-sized airports in planning guidelines in order to protect and revitalise existing aviation infrastructure such as runways;
Amendment 21 #
2008/2134(INI)
Draft report
Paragraph 11
Paragraph 11
11. Underlines that business aviation should be given adequate access to major airports in order to enable it to connect Europe's regions to its economic centres; invites the Commission to examine whether there is a need to adapt the relevant provisions of, which is experiencing continuing growth, has particular needs with regard to airport access; calls on the Commission to publish a proposal to amend the Slot Allocation Regulation as amended in this respect;
Amendment 31 #
2008/2134(INI)
Draft report
Paragraph 16
Paragraph 16
16. Insists that, while the "Single European Sky" legislation and SESAR shouldo not lead to disproportionate equipage requirements for small aircraft operated under VFR; , all aircraft operating in controlled airspace should be fitted with a positioning device that makes them visible to other users;
Amendment 18 #
2008/2015(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to consider the carbon footprints of future European policy initiatives so as to ensure that climate change targets set at European level are met, whilst still ensuring a high level of protection for the environment and public health;
Amendment 409 #
2008/2015(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas there is a need to strike the right balance between competing pressures whilst moving towards enhancing Europe's environment and reducing greenhouse gases,
Amendment 24 #
2008/2008(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Suggests, therefore, that the Commission designate, no later than the end of 2008, ten of the most important cross-border corridors and ten of the worst bottlenecks, and propose concrete potential solutionsaxis and propose concrete potential solutions; invites Member States to follow the Commission’s proposal to set up Corridor Structures, in which Transport Ministries, rail infrastructure managers and railway undertakings should be represented;
Amendment 66 #
2008/2008(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission to collate, co- ordinate and ensure the interoperability of existing software programmes for accident management and/or rail access dispute settlement; looks for a sensitive, flexible, efficient, sustainable and pragmatic solution to the issue of priority rules for passenger and freight vehictrains; deems that the proposed Corridor Structures will be best placed to make concrete and pragmatic proposals on a corridor basis regarding priority rules;
Amendment 43 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to commercial passenger maritime and inland waterway services, including cruises, between or at ports or any embarkation / disembarkation point situated in the territory of a Member State to which the Treaty applies. The provisions of this Regulation shall not apply when the performance of the transport service is hindered or interrupted due to force majeure or any events beyond the control of the passenger or the service provider.
Amendment 58 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 3 – point r a (new)
Article 3 – point r a (new)
(ra) “passenger” means any person travelling under a contract of carriage other than those persons accompanying vehicles, trailers or goods that are being carried as freight or commercial goods.
Amendment 59 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 3 – point r b (new)
Article 3 – point r b (new)
(rb) “arrival” means the actual time the vessel is secured at the arrival berth.
Amendment 60 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 3 – point r c (new)
Article 3 – point r c (new)
(rc) “departure” means the actual time at which the vessel is secured for sea.
Amendment 61 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 3 – point r d (new)
Article 3 – point r d (new)
(rd) “ticket price” means the cost paid for the transport and accommodation on board. It excludes the costs of meals, other activities and any on-board purchases.
Amendment 62 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 3 – point r e (new)
Article 3 – point r e (new)
(re) “Force Majeure" is an event or circumstance, which could not have been prevented, even if all appropriate measures had been taken, such as war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or acts of God, including fire, flood, earthquake, storm, hurricane or other natural disasters.
Amendment 78 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 9 – paragraph 1
Article 9 – paragraph 1
1. On departure from, transit through or arrival at a port, the Carrier shall be responsible for ensuring the provision of the assistance specified in Annex II to disabled persons and persons with reduced mobility free of charge in such a way that person is able to board the departing service, or to disembark from the arriving service for whicThe port authority and carrier shall agree a protocol of responsibility in respect of this Regulation to cover the transit of passengers through the purchased a ticket, without prejudice to ort, bothe access rules referred to in Article 8(1)t arrival and on departure.
Amendment 88 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 12 – point a
Article 12 – point a
(a) Assistance shall be provided on condition that the carrier, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours before the assistance is needed, with the exception of cruise journeys, where the need for assistance should be notified at the time of reservation. Where the ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided;
Amendment 110 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Where a carrier reasonably expects a passenger maritime service to be delayed forto suffer a delay of more than 6120 minutes beyond its scheduled time of departure, passengers shall be offered free of charge meals andin departure, the carrier shall provide to the passengers, provided they have checked in prior to the latest check- in time for the maritime service on which they were booked, refreshment facilities in reasonable relation to the waiting time, if they are available on board or at the port, or can reasonably be supplied.
Amendment 111 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In the case of any delay where a stay of one or more nights or a stay additional to that intended by the passenger becomes necessary, where and when physically possible, passengers, if checked in prior to the latest check- in time for the maritime service on which they were booked, shall be offered free of charge hotel or other accommodation, and transport between the port and place of accommodation in addition to the meals and refreshments provided for in paragraph 1.
Amendment 116 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Where a carrier reasonably expects a passenger maritime service to be delayed beyond its scheduled time of departure byto suffer a delay of more than 120 minutes in departure, the passenger shall immediately, if checked in prior to the latest check-in time for the maritime service on which he was booked:
Amendment 118 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) receive reimbursement of the ticket price unless he accepts alternative transport services referred to in (a)if he decides not to travel with the carrier.
Amendment 124 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
Without losing the right of transport, a passenger may request compensation from the carrier, if he is facing ahas checked in prior to the latest check-in time for the maritime service on which he was booked and if he is delayed in arrival due to a cancellation or aby more than 120 minutes as a result of delay in departure. The minimum or due to cancellation. The levels of compensation shall be as follows:
Amendment 125 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 20 – paragraph 1 – indents a b c
Article 20 – paragraph 1 – indents a b c
Amendment 44 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to the international carriage of passengers by bus and/or coach undertakings by means of regular services.
Amendment 56 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In accordance with this Chapter, bus and/or coach undertakings shall be liable for the loss or damage resulting from the death of,r personal injury or mental harm to, passengers, caused by accidents arising out of the operation of bus and coach transport services and occurring while the passenger is in, entering or leaving the vehicle.
Amendment 61 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) if the accident has been caused by circumstances not connected with the operation of bus and coach transport services andor which the bus and/or coach undertaking could not have avoided, in spite of having taken the care required in the particular circumstances of the case, and the consequences of which it was unable to prevent;
Amendment 69 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 8 – paragraph 3
Article 8 – paragraph 3
3. An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of this Regulation but it shall not be returnable, except in cases where the damage was caused by the negligence or fault of the passenger or where the person who received the advance payment was not the person entitled to compensation.
Amendment 94 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Terminal managing bodies and bus and/or coach undertakings shall ensure appropriate assistance to a disabled person or a person with reduced mobility as specified in Annex I free of charge before, during and after the journey.
Amendment 112 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 19 – paragraph 2
Article 19 – paragraph 2
2. There shall be no limit to the amount of compensation payable pursuant to this Article shall be equivalent to the loss suffered.
Amendment 138 #
2008/0237(COD)
Proposal for a regulation – amending act
Annex I – part b – indent 5
Annex I – part b – indent 5
Amendment 48 #
2007/0243(COD)
Proposal for a regulation
Article 2 - point (g a) (new)
Article 2 - point (g a) (new)
(ga) participation in the capital of a system vendor shall mean the combination of the purely economic value of an investment of an airline or rail operator in a system vendor coupled with the value of ownership rights of that airline or rail operator in the system vendor.
Amendment 57 #
2007/0243(COD)
Proposal for a regulation
Article 3 - paragraph 1 - point (a)
Article 3 - paragraph 1 - point (a)
(a) attach unreasonablediscriminatory conditions to any contract with a participating carrier or require the acceptance of supplementary conditions which, by their nature or according to commercial usage, have no connection with participation in its CRS;
Amendment 59 #
2007/0243(COD)
Proposal for a regulation
Article 3 - paragraph 1 - point (b)
Article 3 - paragraph 1 - point (b)
(b) make it a condition of participation in its CRS that a participating carrier may not at the same time be a participant in another system or that a participating carrier may not freely use alternative reservation systems such as its own Internet booking system and call centres.
Amendment 64 #
2007/0243(COD)
Proposal for a regulation
Article 4 - paragraph 1
Article 4 - paragraph 1
1. A system vendor shall not reserve any specific loading and/or processing procedure, any other distribution facility, or any improvementchanges to these, for one or more of its parent carrier(s)participating carriers, including its parent carrier(s). The system vendor shall provide information about any changes to its distribution systems and loading/processing procedures to all participating carriers.
Amendment 70 #
2007/0243(COD)
Proposal for a regulation
Article 5 - paragraph 2
Article 5 - paragraph 2
2. In the case of information provided by a CRS to the consumer, a subscriber shall use a neutral display in accordance with paragraph 1 unless another display is required to meet a preference indicated by the consumer.
Amendment 71 #
2007/0243(COD)
Proposal for a regulation
Article 5 - paragraph 2 a (new)
Article 5 - paragraph 2 a (new)
2a. The principal display shall permit the ranking of travel options based on transport energy efficiency.
Amendment 72 #
2007/0243(COD)
Proposal for a regulation
Article 5 - paragraph 2 b (new)
Article 5 - paragraph 2 b (new)
2b. The system vendor shall introduce a specific symbol in the CRS display which shall be identifiable by the users for the information on the identity of the operating air carrier provided for under Article 11 of Regulation 2111/2005.
Amendment 75 #
2007/0243(COD)
Proposal for a regulation
Article 6 - paragraph 1
Article 6 - paragraph 1
1. A system vendor shall not attach unreasonablediscriminatory conditions to a contract with a subscriber, such as preventing a subscriber from subscribing to or using any other system or systems, requiring the acceptance of supplementary conditions which have no connection with subscription in its CRS, or imposing an obligation to accept an offer of technical equipment or software.
Amendment 87 #
2007/0243(COD)
Proposal for a regulation
Article 7 - point (b a) (new)
Article 7 - point (b a) (new)
(ba) Any agreement between subscriber(s) and system vendor(s) on the MIDT shall be publicly disclosed.
Amendment 88 #
2007/0243(COD)
Proposal for a regulation
Article 8 - paragraph 1 a (new)
Article 8 - paragraph 1 a (new)
The Commission shall monitor the application of the discriminatory or non- equivalent treatment of Community air carriers by system vendors in third countries. At the request of a Member State or on its own initiative, the Commission shall investigate potential cases of discrimination against EU carriers in CRSs of third countries. Where such discrimination is found, before taking a decision, the Commission shall inform the Member States and interested parties and seek their comments, including by holding a meeting of relevant experts from the Member States.
Amendment 121 #
2007/0243(COD)
Proposal for a regulation
Article 11 - paragraph 3
Article 11 - paragraph 3
3. Where special categories of data referred to under Article 8 of Directive 95/46/EC are involved, such data shall only be processed where the data subject has given his explicit consent to the processing of those data on an informed basis.
Amendment 124 #
2007/0243(COD)
Proposal for a regulation
Article 11 - paragraph 9 a (new)
Article 11 - paragraph 9 a (new)
9a. Where a system vendor operates databases in different capacities such as a CRS or a host for airlines, technical and organisational measures must be taken to prevent interconnection between the databases, and to ensure that personal data are only accessible for the specific purpose for which they were collected.
Amendment 129 #
2007/0243(COD)
Proposal for a regulation
Article 11 a (new) - paragraph 1 a (new)
Article 11 a (new) - paragraph 1 a (new)
Amendment 130 #
2007/0243(COD)
Proposal for a regulation
Article 11 a (new) - paragraph 1 b (new)
Article 11 a (new) - paragraph 1 b (new)
1b. The auditor shall be granted access at all times to any programmes, procedures, operations and safeguards used on the computers or computer systems through which the system vendor provides its distribution facilities.
Amendment 131 #
2007/0243(COD)
Proposal for a regulation
Article 11 a (new) - paragraph 1 c (new)
Article 11 a (new) - paragraph 1 c (new)
1c. The Commission shall examine those reports with a view to taking any action necessary in accordance with Article 12.
Amendment 132 #
2007/0243(COD)
Proposal for a regulation
Article 12
Article 12
Where the Commission, acting on a complaint or on its own initiative, finds that there is an infringement of this Regulation it may by decision require the undertakings or associations of undertakings concerned to bring such infringement to an end. Investigations of possible infringements shall fully take into account the results of a possible examination under Articles 81 and 82 of the Treaty.
Amendment 135 #
2007/0243(COD)
Proposal for a regulation
Article 17 - paragraph 1 a (new)
Article 17 - paragraph 1 a (new)
The Commission shall report to the Parliament and to the Council on a biannual basis with a report on the application of Article 8 with regards to equivalent treatment in third countries and shall propose any appropriate measure in order to alleviate discriminatory conditions, including the conclusion or modification of Bilateral Air Transport Agreements between EC and third countries.
Amendment 137 #
2007/0243(COD)
Proposal for a regulation
Annex I - paragraph 1
Annex I - paragraph 1
1. Where farprices are shown in the principal display, and/or where a ranking based on farprices is chosen, farprices shall be inclusive of all applicable and unavoidable taxthe fares and of all applicable taxes, charges, surcharges and fees to be paid to the transport providerair carrier or rail-transport operator, and which are unavoidable and foreseeable at the time when shown on the display.
Amendment 142 #
2007/0243(COD)
Proposal for a regulation
Annex - paragraph 2 a (new)
Annex - paragraph 2 a (new)
2a. Where travel options serving the same city-pair are offered with connecting flights or the combination of scheduled air and rail service on the CRS, at least the best ranked option by scheduled air and rail service shall be featured on the first screen of the principal display.
Amendment 146 #
2007/0243(COD)
Proposal for a regulation
Annex - paragraph 6 a (new)
Annex - paragraph 6 a (new)
6a. Where air carriers operate under code-share arrangements the information indicating the different individual carrier- designator codes shall be clearly included without duplication and the carrier actually operating the flight shall be designated.
Amendment 3 #
2006/2201(REG)
Parliament's Rules of Procedure
Rule 29 − paragraph 2 a (new)
Rule 29 − paragraph 2 a (new)
2a. Where a group falls below the required threshold of thirty members, the President, with the agreement of the Conference of Presidents, may allow it to continue to exist until Parliament's next constitutive sitting, provided the following conditions are met: - the number of members of the group is greater than 25; - the members continue to represent at least one-fifth of the Member States; - the group has been in existence for a period longer than one year. The President shall not apply this derogation where there is sufficient evidence to suspect that it is being abused.