1550 Amendments of Brice HORTEFEUX
Amendment 51 #
2023/2130(DEC)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Welcomes the resumption of in- presence plenary sessions in Strasbourg; recalls that the EU Treaties stipulate that Parliament shall have its seat in Strasbourg, where the 12 periods of monthly plenary sessions, including the budget session, shall be held; underlines that the suspension of sessions in Strasbourg, the introduction of electronic voting and remote participation are linked to the exceptional circumstances of the COVID-19 pandemic; recalls that any change to the Treaties requires the unanimity of the Member States;
Amendment 60 #
2023/2130(DEC)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Notes with satisfaction that Members were given the opportunity to take part in plenary debates from the EPLOs in their Member States of election, this being as a result of the exceptional measures put in place during the pandemic, this having been facilitated by the actions of DG COMM; welcomes the increased efforts made by DG COMM to make use of new technologies to facilitate the work of Members during the COVID- 19 pandemic; acknowledges that the remote access for national media to the communication activities of Parliament has opened up ways to interact with Union citizens;
Amendment 129 #
2023/2130(DEC)
Motion for a resolution
Paragraph 79
Paragraph 79
79. Recalls that the official languages to be used by the Union institutions, bodies and agencies are established in Regulation No 13; acknowledges that DG TRAD ensures that Parliament’s procedural content is available in all 24 official and working languages of the Union, thereby enabl; regrets that, in practice, just one of the Union’s working languages is used more widely ing Parliament to fulfil its commitment to the policy of multilingualism’s work, and increasingly so in recent years; calls for multilingualism to be respected by ensuring, where necessary, an adequate number of translation and interpreting staff; _________________ 3 Regulation No 1 determining the languages to be used by the European Economic Community (OJ P 017, 6.10.1957, p. 385)
Amendment 44 #
2023/2017(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 48 #
2023/2017(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 51 #
2023/2017(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 70 #
2023/2017(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 76 #
2023/2017(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to better inform non- national Union citizens (i.e. Union citizens who reside in a Member State of which they are not nationals) about their right to vote in or run for office in municipal and European elections; stresses that such ‘mobile’ EU citizens’ right to vote and stand should be expanded to regional and national elections in Member States;
Amendment 78 #
2023/2017(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 96 #
2023/2017(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 101 #
2023/2017(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 107 #
2023/2017(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 112 #
2023/2017(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 56 #
2023/2016(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 60 #
2023/2016(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 247 #
2023/0271(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point 10
Article 4 – paragraph 2 – point 10
(10) ‘multi-network rail service’ means a freight or passenger rail transport service, domestic or international, which is operated on two or more networks managed by different infrastructure managers and comes under the sole competence of the Member States concerned. The train may be joined and/or split and the different sections may have different origins and destinations, provided that all wagons or carriages cross over into at least one network operated by a different infrastructure manager;
Amendment 274 #
2023/0271(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
If the mechanism referred to in paragraph 3 does not result in a satisfactory resolution of conflicting capacity needs and requests, infrastructure managers shall manage scarce capacity or resolve conflicts throughmay have recourse to objective, transparent and non- discriminatory procedures in order to manage scarce capacity or resolve conflicts.
Amendment 309 #
2023/0271(COD)
Proposal for a regulation
Article 12 – paragraph 4 – point c
Article 12 – paragraph 4 – point c
(c) capacity needs expressed by operational stakeholders and the input from the consultation of current and potential applicants in accordance with Article 13;
Amendment 316 #
2023/0271(COD)
Proposal for a regulation
Article 12 – paragraph 8 – point b
Article 12 – paragraph 8 – point b
(b) changes in market demand for infrastructure capacity, including capacity needs expressed for new or modified services;
Amendment 323 #
2023/0271(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Infrastructure managers shall consult all operational stakeholders operating multi-network rail services on strategic capacity planning in accordance withregularly throughout strategic capacity planning, and at least in accordance with the guidelines set out in Articles 53 and 54.
Amendment 324 #
2023/0271(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point a (new)
Article 13 – paragraph 2 – point a (new)
(a) Throughout the capacity management process, applicants may announce their capacity needs in a structured, common way and within a reasonable period. Infrastructure managers shall endeavour to incorporate the needs announced into the strategic capacity planning documents referred to in Article 11(2). Where infrastructure managers are unable to take those needs into account, they shall consult the applicant concerned and investigate commercially viable alternatives, including as regards a different itinerary, taking account of feasible infrastructure changes. If such an alternative is not available for all capacity needs announced, infrastructure managers shall attempt to resolve the potential conflict through the consensual consultation mechanism referred to in Article 36.
Amendment 394 #
2023/0271(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where an element of infrastructure has been declared to be highly utilised or congested in a future working timetable period, the infrastructure manager shall partition capacity on that element of infrastructure in the capacity model referred to in Article 17 and in the capacity supply plan referred to in Article 18 which relate to the working timetable period concerned.
Amendment 445 #
2023/0271(COD)
Proposal for a regulation
Article 32 – paragraph 5 – subparagraph 1
Article 32 – paragraph 5 – subparagraph 1
In accordance with Article 18 and Article 20, the infrastructure manager shall give priority to requests that are consistent with the pre-planned capacity defined in the capacity supply plan. As a result, the infrastructure manager may either accept or refuse requests that are not consistent with the capacity supply plan.
Amendment 448 #
2023/0271(COD)
Proposal for a regulation
Article 32 – paragraph 5 – subparagraph 2
Article 32 – paragraph 5 – subparagraph 2
When acceptconsidering requests not consistent with the capacity supply plan, the infrastructure manager shall aim to maintain the overall balance between the elements of the capacity supply plan listed in Article 18(6). while meeting requests as closely as possible
Amendment 450 #
2023/0271(COD)
Proposal for a regulation
Article 32 – paragraph 5 – subparagraph 3
Article 32 – paragraph 5 – subparagraph 3
Amendment 450 #
2023/0053(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 – point a
Article 10 – paragraph 2 – subparagraph 1 – point a
Amendment 462 #
2023/0053(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 6
Article 10 – paragraph 2 – subparagraph 6
Member States shall reducemay not impose restrictions on the periods of administrative validity set out in the first subparagraph to five years or less for driving licences of holders residing on their territory having reached the age of 70, in order to apply an increased frequency of medical checks or other specific measures, including refresher courses. This reduced period of administrative validity shall only be applied upon renewal of the driving licenceof driving licences based on the age of holders.
Amendment 564 #
2023/0053(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States may establish additional rules applicable on their territory to novice drivers during the probationary period to improve road safety. These rules may not limit night-time driving. They shall inform the Commission thereof.
Amendment 37 #
2022/2143(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the principle of primacy is not enshrined in the Treaties, but has developed over decades through the case- law of the Court of Justice of the European Union (CJEU); whereas, ever since its landmark Costa v E.N.E.L. judgment of 15 July 1964 in Case C-6/646, the CJEU has reaffirmed that EU law takes precedence over the law of the Member States, regardless of the rank of the national legislation or the time of its adoption; whereas the principle of primacy therefore applies to any provision of domestic law, including provisions of a constitutional nature, in accordance with the well-established case-law of the CJEU; _________________ 6 Judgment of the Court of Justice of 15 July 1964, Costa v E.N.E.L., C-6/64, ECLI:EU:C:1964:66.;
Amendment 111 #
2022/2143(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates that, by their accession to the EU, the Member States have adhered to a certain number of core values and principles, which they share and have undertaken to respect at all times; recalls that these include the principle of primacy which may not, however, impinge upon the sovereignty of the constitutional order of the Member States or the direct expression of the will of the people of a Member State in a referendum;
Amendment 128 #
2022/2143(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls in this regard that, in accordance with consistent case-law and on the basis of Article 4(2) TEU, although the Member States have a certain degree of discretion in implementing the principles of EU law, their obligations as to the result to be achieved do not vary from one Member State to another and the executive force of EU law may not vary from one Member State to another; emphasises that the same logic applies within the Member States, as compliance with EU law and its principles may not vary over time as a result of national legal, political or social changes;
Amendment 138 #
2022/2143(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that it is up to the CJEU, given its exclusive competence to provide the definitive interpretation of EU law, to define the scope of the principle of primacy; notes that such a definition cannot, therefore, be left to national courts on the basis of their interpretation of EU law or provisions of national lawMember States to define the scope of the principle of primacy when the rule or principle of EU law interferes with the Member States' fundamental interests;
Amendment 162 #
2022/2143(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points, however, to the negative consequences of any decision of a national constitutional court that challenges the principle of primacy; stresses that, if every national constitutional court could decide on the limits of the primacy of EU law, the effectiveness and uniformity of EU law would be seriously jeopardised; underlines that challenging CJEU judgments on the basis of national constitutional reservations concerning respect for EU competences or the national constitutional identity genuinely undermines the CJEU’s authorityStresses that every national constitutional court must be able to decide on the limits of the primacy of EU law with a view to safeguarding the Member State's fundamental interests;
Amendment 171 #
2022/2143(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. BelievAcknowledges that the case-law of any national constitutional court challenging the principle of primacy has an important influencemay have an impact on the doctrines of the constitutional courts of the other Member States with regard to the scope of the primacy of EU law; points, therefore, to the risk that this could pose to the effectiveness and uniformity of EU law;
Amendment 205 #
2022/2143(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 219 #
2022/2143(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 235 #
2022/2143(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates that, although it is not enshrined in the Treaties, the principle of the primacy of EU law applies to, and its effects are binding on, all bodies of the Member States at all tim the principle of the primacy of EU law is not enshrined by the Treaties;.
Amendment 240 #
2022/2143(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 123 #
2022/2137(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that the EU budget must not fund or co-finance any campaign that promotes the Islamic headscarf, such as the Council of Europe's 'WE CAN for human rights speech' campaign, co- financed by the Commission, which claimed that 'beauty is in diversity as freedom is in the hijab' and could therefore exert pressure on Muslim girls and women to wear the headscarf;
Amendment 8 #
2022/2124(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that Frontex is by large the Agency that received more significant budget increases in the last years; recalls that, with the increase in its staffing and in the amount of official travel, the Agency’s budget has skyrocketed from €118 million in 2011 to €741 million in 2021, and to an annual average of €900 million for the 2021-2027 period;
Amendment 25 #
2022/2124(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the drawing up of a fundamental rights strategy and action plan; regretnotes that the obligation included in Article 110(6) of Regulation (EU) 2019/1896 to deploy at least 40 fundamental rights monitors has been met with significant delay; notes that the number of fundamental rights monitors now stands at 46; deeply deplores that despite the significant overall staff increase for the Agency, the Fundamental Rights Officer still lacks adequate human resources; urges the Agency to provide its fundamental rights officer with adequate resources and staffimplemented, and that there are now 46 such fundamental rights monitors;
Amendment 34 #
2022/2124(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the position that the Management Board should play a proactive role in identifying and preventing serious risk of fundamental rights violations; reiterates the importance to implement the standard operating procedures to withdraw the financing of, or suspend or terminate, or not launch Frontex activities infinancing of Frontex’s activities should be guaranteed in the long term, given the successive extensions of its mandate and the aim of establishing a 10 000-strong permanent European border and coases where such risks ariset guard force by 2027;
Amendment 42 #
2022/2124(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Expresses its utmost concerns with regard toNotes the allegations of push backs in the context of Frontex operations in Lithuania, Latvia, Croatia, Bulgaria and Greece; reiterates its calls on the Agency to suspend its operations supporting return-related operations from Hungary as long as,competent authorities to investigate the allegations and, as concluded by the Court of Justice of the European Union, the return decisions issued by the Hungarian authorities are incompatiblt the same time, requests that Frontex continue with Directive 2008/115/EC and the Charter of Fundamental Rights of the European Unions operations in those Member States and in Hungary;
Amendment 52 #
2022/2124(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates its profound concerns aboutNotes the findings of the OLAF report of 15 February 2022 on investigations into Frontex, and expresses its utter dismay in the behaviour and actions described in the findings and the lack of accountability; considers that the findings of the OLAF report are a matter of public interest and shcould be made public, without further delayhilst upholding the principle of the protection of personal data and the presumption of innocence;
Amendment 56 #
2022/2124(DEC)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 65 #
2022/2124(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes that Frontex’ structural problems regarding fundamental rights protection of asylum seekers and migrants, transparency, data protection, and alleged sexual harassment within the Agency led the European Parliament to refuse dischargePoints out that the European Parliament refused to grant discharge in respect of the Agency’s 2020 budget;
Amendment 78 #
2022/2124(DEC)
Draft opinion
Paragraph 11
Paragraph 11
11. Recommends that the Committee on Budgetary Control to postpone granting thegrant discharge in respect of the implementation of the Agency’s budget for the financial year 2021, until the structural shortcomings related to respect by Frontex of its fundamental rights obligations have been fully addressed.
Amendment 290 #
2022/2051(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the importance of reforming decision-making in the Union to more accurately reflect a bicameral system by further empowering the European Parliament, and by changwhile maintaining the voting mechanism in the Council;
Amendment 291 #
2022/2051(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 297 #
2022/2051(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for Parliament to gain the right of initiative for legislation, in particular the right to introduce, amend, or repeal Union law, and to become a co- legislator for the adoption of the multiannual financial framework;
Amendment 302 #
2022/2051(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 310 #
2022/2051(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 323 #
2022/2051(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Proposes to establish exclusive UnionRecalls that the Union has shared competence for the environment and biodiversity as well as negotiations on climate change;
Amendment 328 #
2022/2051(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Proposes to further develop Union shared competences in the areas of energy, foreign affairs, external security and defence, external border policy in the area of freedom, security and justice, and cross- border-infrastructure;
Amendment 338 #
2022/2051(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Proposes to strengthen and reform the procedure in Article 7 TEU with regard to the protection of the rule of law by ending unanimity and by making the Court of Justice the arbiter of violations;
Amendment 342 #
2022/2051(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Suggests a pre-emptive review of norms at the Court of Justice of the European Union (‘abstract review of norms’), designed as a minority right in Parliament; suggests furthermore to empower Parliament to bring cases of non-compliance with the Treaties before the Court of Justice of the European Union;
Amendment 345 #
2022/2051(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 359 #
2022/2051(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. ProposeRecalls that the OLP and QMV be used for decisions on direct and indirect taxation; calls for the establishment of the multiannual financial framework for a five year periodseven-year cycle of the multiannual financial framework allows for greater flexibility in the event of economic and geopolitical shocks;
Amendment 375 #
2022/2051(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Proposes to expand non- discrimination protections to gendersex, social origin, language, political opinion and membership of a national minority and introduces OLP for non-discrimination legislation; proposes to replace ‘the equality of men and women’ by ‘gender equality’ throughout the Treaties; underlines that the Union’s institutions and their governing and consultative bodies must be composed in a non-discriminatory manner and reflect gender equality between men and women and diversity of society;
Amendment 379 #
2022/2051(INL)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls for the creation of an integrated European energy union; sSuggests that the Union’s energy system must be affordable and based on energy efficiency, renewable and low- carbon energies and in conformity with international agreements to mitigate climate change;
Amendment 384 #
2022/2051(INL)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Proposes that Europol receive additional competences subject to parliamentary scrutiny; suggests that gender-based violence and environmental crimsexual violence be added as areas of crime that meet the criteria of Article 83(1) TFEU (Union crimes); calls for the functioning of the European Public Prosecutor’s Office to be governed by the OLP;
Amendment 387 #
2022/2051(INL)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 410 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 7 – paragraph 2
2. The European Council, acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the consent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of the values referred to in Article 2, after inviting the Member State in question to submit its observations.
Amendment 422 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 11 – paragraph 4 b (new)
4b. The European Parliament may, by a majority of its component Members, submit to the European Council a proposal for a European referendum. A proposal for a European referendum shall be in accordance with the European values as laid down in Article 2. If the European Council adopts by unanimity a decision in favour of the proposed referendum, the Commission shall organise one.
Amendment 437 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 16 – paragraph 4 – subparagraph 1
4. As from 1 November 2014, a qualified majority shall be defined as at least 55 % of the members of the Council, comprising at least fifteen of them and representing Member States comprising at least 65 % of the population of the Union.
Amendment 438 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 16 – paragraph 4 – subparagraph 2
Amendment 454 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 17 – paragraph 8
8. The Commission, as a body, shall be responsible to the European Parliament. In accordance with Article 234 of the Treaty on the Functioning of the European Union, the European Parliament may vote on a motion of censure of the Commission as a body. If such a motion is carried, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from the duties that he carries out in the Commission. The European Parliament may not vote on a motion of censure of an individual member of the Commission.
Amendment 461 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 29
The Council shall adopt decisions which shall define the approach of the Union to a particular matter of a geographical or thematic nature. Where a decision provides for the interruption or reduction, in part or completely, of economic and financial relations with one or more third countries, the Council shall act by unanimity. Member States shall ensure that their national policies conform to the Union positions.
Amendment 471 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 48 – paragraph 4 – subparagraph 1 a (new)
The conference shall act by unanimity.
Amendment 472 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 48 – paragraph 4 – subparagraph 1 b (new)
The European Parliament shall be considered to have given its consent to the amendments to the Treaties when an absolute majority of its component Members vote to do so.
Amendment 475 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 48 – paragraph 5
5. If, two years after the signature of a treaty amending the Treaties, fewer than four fifths of the Member States have ratified it and one or more Member States have encountered difficulties in proceeding with ratification, the matter shall be referred to the European Council, the Council, acting by unanimity, may decide to put the matter to a European referendum.
Amendment 477 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 48 – paragraph 7 – subparagraph 4
For the adoption of these decisions referred to in the first and second subparagraphs, the European Council shall act by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.
Amendment 479 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 54 – paragraph 2
2. This Treaty shall enter into force on 1 January 1993, provided that allthe first day of the month following the deposit of the Instruments of ratification have been depositedby the governments of the Member States, or, failing that, on the first day of the month following the deposit of the Instrument of ratification by the last signatory State to take this step.
Amendment 489 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 19 – paragraph 1
1. Without prejudice to the other provisions of the Treaties and within the limits of the powers conferred by them upon the Union, the Council, acting unanimously, and the European Parliament, acting in accordance with a specialthe ordinary legislative procedure and after obtaining the consent of the European Parliament, , may take appropriate action to combat discrimination based on sex, racial or, ethnic origin, religion or belief social origin, language, religion or belief, political opinions, membership of a national minority, disability, age or sexual orientation.
Amendment 491 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 20 – paragraph 2 a (new)
2a. The Council and the European Parliament may not adopt provisions on the acquisition and loss of citizenship of the Union by third country nationals.
Amendment 495 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 78 – paragraph 3
3. In the event of one or more Member States being confronted by an emergency situation characterised by a sudden or unusual inflow of nationals of third countries, the Council, on a proposal from the Commission, may adopt provisional measures for the benefit of the Member State(s) concerned. It shall act after consulting the European Parliament.
Amendment 497 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 79 – paragraph 1
1. TWithout undermining the constitutional orders of the Member States and their ability to regulate immigration into their territories, the Union shall develop a common immigration policy that supports the economic and social stability of Member States and is aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third- country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings.
Amendment 499 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 79 – paragraph 2 – point a
(a) the conditions of entry and residence, and standards on the issue by Member States of long- term visas and residence permits, including those for the purpose of family reunification;
Amendment 501 #
2022/2051(INL)
Annex to the motion for a resolution
These areas of crime are the following: terrorism, sexual exploitation and trafficking in human beings and sexual exploitation of, especially women and children, sexist violence, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime.
Amendment 535 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 194 – paragraph 1 – point c
(c) promotensure energy efficiency and energy saving and the development of new and, renewable forms of energyand low-carbon forms of energy in order to achieve an energy system based on energy efficiency and low carbon emissions; and
Amendment 537 #
2022/2051(INL)
Annex to the motion for a resolution
(da) promote harmonisation of the energy system in line with international agreements to mitigate climate change.
Amendment 538 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 222 – paragraph -1 (new)
1. In the event of an emergency affecting the European Union or one or more Member States, the European Parliament and the Council may grant the Commission extraordinary powers, including those to enable it to mobilise all necessary instruments. In order for an emergency to be declared, the European Parliament shall act by a majority of its component members and the Council shall act by unanimity, on a proposal from the European Parliament or the Commission. That decision, by which an emergency is declared and extraordinary powers are granted to the Commission, shall define the scope of the powers, the detailed governance arrangements and the period during which they apply. The European Parliament or the Council, acting by unanimity, may revoke the decision at any time. The Council and Parliament may, in accordance with the procedure set out in the first subparagraph, review or renew the decision at any time.
Amendment 540 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 234 – subparagraph 1
If a motion of collective censure on the activities of the Commission is tabled before it, the European Parliament shall not vote thereon until at least three days after the motion has been tabled and only by open vote.
Amendment 541 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 234 – subparagraph 2
If the motion of collective censure is carried by a two-thirds majority of the votes cast, representing a majority of the component Members of the European Parliament, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from duties that he or she carries out in the Commission. They shall remain in office and continue to deal with current business until they are replaced in accordance with Article 17 of the Treaty on European Union. In this case, the term of office of the members of the Commission appointed to replace them shall expire on the date on which the term of office of the members of the Commission obliged to resign as a body would have expired.
Amendment 546 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 258 – paragraph 2
If the State concerned does not comply with the opinion within theat period laid down byof 12 months, the Commission, the latter may bring the matter before the Court of Justice of the European Union.
Amendment 548 #
2022/2051(INL)
Annex to the motion for a resolution
2. If the Commission considers that the Member State concerned has not taken the necessary measures to comply with the judgment of the Court, it may bring the case before the Court, at the latest 12 months after the delivery of the judgment, after giving that State the opportunity to submit its observations. It shall specify the amount of the lump sum or penalty payment to be paid by the Member State concerned which it considers appropriate in the circumstances.
Amendment 562 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 342
The rules governing the languages of the institutions of the Union shall, without prejudice to the provisions contained in the Statute of the Court of Justice of the European Union, be determined by the Council, acting unanimously by means of regulations, after consulting the European Parliament.
Amendment 7 #
2021/2229(INL)
Recital C
Amendment 12 #
2021/2229(INL)
Recital D
Amendment 16 #
2021/2229(INL)
Recital E
Amendment 26 #
2021/2229(INL)
Paragraph 4
Amendment 44 #
2021/2229(INL)
Annex to the motion for a legislative resolution
Recital 4
Amendment 50 #
2021/2229(INL)
Annex to the motion for a legislative resolution
resolution 1. The number of representatives in the European Parliament elected in each Member State for the 2024-2029 parliamentary term is set as follows: Belgium 213 Bulgaria 17 Czech Republic 21 Denmark 15 Germany 96 Estonia 78 Ireland 145 Greece 21 Spain 61 France 7981 Croatia 12 Italy 76 Cyprus 6 Latvia 9 Lithuania 11 Luxembourg 6 Hungary 21 Malta 6 Netherlands 31 Austria 20 Poland 523 Portugal 21 Romania 33 Slovenia 9 Slovakia 15 Finland 15 Sweden 21
Amendment 59 #
2021/2229(INL)
Annex to the motion for a legislative resolution
Article 3 – paragraph 2
Amendment 11 #
2021/2015(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to the Council conclusions of 15 November 2018 on Inland Waterway Transport - " See its potential and promote it",
Amendment 12 #
2021/2015(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
– having regard to the Council conclusions of 5 June 2020 on "EU Waterborne Transport Sector - Future outlook : Towards a carbon-neutral, zero accidents, automated and competitive EU Waterborne Transport Sector",
Amendment 17 #
2021/2015(INI)
Motion for a resolution
Recital A
Recital A
A. whereas European countries have a variety of different fleets of inland vessels, which makes inland waterway transport very convenient and useful for transporting different types and large quantities of cargo to different destinations on either large or small riverwaterways;
Amendment 26 #
2021/2015(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the further development of the inland waterway sector is a cornerstone to building a smart, sustainable and competitive European transport network;
Amendment 27 #
2021/2015(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the inland waterways, as one of the most environmentally-friendly modes of transport with a largely untapped further potential of transporting large amounts of goods across the European Union, can play a fundamental role in meeting the EU’s climate objectives;
Amendment 28 #
2021/2015(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas a current modal share of 6% is far too little and a sharp increase in the modal share of inland waterway transport is needed to reduce road congestion, enhance safety, reduce emissions and lead to a more sustainable transport system as a whole;
Amendment 31 #
2021/2015(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas contrary to many congested roads, European inland waterways dispose of free capacity, offering a significant modal shift potential; whereas the current navigability of the European waterways is patchy and the modal shift is hindered by missing links and poor reliability of free- flowing inland waterways;
Amendment 34 #
2021/2015(INI)
Motion for a resolution
Recital B
Recital B
B. whereas ports play an important role as multimodal connecting points offering other modes of transport that can take over freight loads temporarily, and whereas it is therefore important that sea and inland ports have good connections with the hinterland;
Amendment 40 #
2021/2015(INI)
Motion for a resolution
Recital C
Recital C
C. whereas river cruises, ferries, day trip vessels, water taxis and water shuttles play an important role for tourism in Europe and should become a cleaner option for tourism and public transport in regions and cities with accessible and navigable rivers, lakes and canals, which would also make urban mobility more sustainable and effective;
Amendment 48 #
2021/2015(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the energy transition is also a challenge for the inland navigation sector despite inland waterways being one of the most environmentally-friendly modes of transport;
Amendment 55 #
2021/2015(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to take the initiative on green, efficient and digital leadership and to build on existing programmes such as NAIADES, which should inspire all stakeholders within the waterway transport sector, as well as other transport sectors, and in particular rail, to work together towards a sustainable future, while supporting the competitiveness of the sector as a whole;
Amendment 66 #
2021/2015(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that more investment in updating river and canalexpanding and updating the physical and digital waterway infrastructure (for example, locks, bridges and interoperable deployment of digital technologies across borders) is key to enabling quality navigability and strengthening the reliability of this mode of transport, while respecting the applicable environmental law;
Amendment 72 #
2021/2015(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges, in this regard, the Member States to fully respect their obligation to complete the TEN-T core inland waterway network by 2030, and the Commission and the TEN-T Coordinators to strengthen their oversight in this regard, eliminating the missing links and allowing for quality physical and digital infrastructure; points particularly to the need for increased investments in adequate multimodal infrastructure in ports, such as seamless rail connections and terminals, in order to facilitate competitive multimodal transport in Europe;
Amendment 79 #
2021/2015(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls upon the Commission and Member States to better take into account that it is often families with children on board who are operating in the inland waterway sector and to invest in adequate and regular facilities along the waterway routes in order to allow for decent en route living conditions;
Amendment 80 #
2021/2015(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Underlines the significant potential of rehabilitating connecting waterways and canals, in particular in regions that have suffered from decades of insufficient investments in inland waterways infrastructure;
Amendment 85 #
2021/2015(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that there is not a ‘one size fits all’ solution forStresses the urgent need to tacklinge the problem of low water levels as a result of climate change, via a range of measures regarding adaptation of fleet, infrastructure, logistics and storage concepts and digitalisation; deplores, however, that the problems of the inland waterway sector, caused by the low water levels, have not been taken duly into accountare being addressed belatedly;
Amendment 86 #
2021/2015(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that there is not a ‘one size fits all’ solution for tacklingStresses the need to better address the problem of low and high water levels as a result of climate change, in particular via more effective and resilient infrastructure; deplores, however, that the problems of the inland waterway sector, caused by thefloods and low water levels, have not been taken duly into account;
Amendment 88 #
2021/2015(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points, in this regard, to the relevance of integrating the use of space data and services such as provided by Galileo and Copernicus;
Amendment 95 #
2021/2015(INI)
4. Highlights the importance of further encouraging and supporting initiatives aimed at the use of alternative fuels and propulsion methods for inland shipping in accordance with the principle of technological neutrality; points out, in this regard, the value of liquefied natural gas (LNG) as a transitional solution to reduce greenhouse gas emissions in inland waterway transport; notes that the existing, technically mature vessels and distribution infrastructure now based on LNG could be used for biogas and will therefore be essential in scaling up Bio- LNG as a marine fuelat the deployment of alternatives fuel and technological solutions must take into account the specificities of inland waterways such as the sailing profile of the vessels and the market segment in which they operate as well as technical constraints;
Amendment 108 #
2021/2015(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out that there currently is a lack of market ready zero-emissions solutions; therefore calls on the Commission to develop a realistic roadmap to further reduce the pollutants and GHG emissions in order to reach a decarbonised inland waterway sector, while safeguarding competitiveness, reliability and safety;
Amendment 111 #
2021/2015(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that low-emission and zero-emission alternatives should become more financially attractive than conventional propulsions and that this trendwidely available and more affordable and that the uptake of these fuels should be accelerated, for example by a realistic, progressively increasing blending percentage based on an impact assessment as well as by regulatory stability and financial support, including through the granting of tax incentives by Member States;
Amendment 120 #
2021/2015(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights the importance of ports, and their specialised shipyards where the building, conversion and retrofitting of ships take place, in the energy transition; calls therefore on the Commission and Member States to direct adequate funding and investments towards ensuring sufficient capacity and adequate infrastructure in ports to facilitate the fleet renewal and energy transition of the shipping sector;
Amendment 131 #
2021/2015(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that far-reaching digitalisation and data collection contributes to a cleaner environment and improved safety on board and result in more efficient routing and better communication and information exchange between ships, ports and infrastructure; stresses the need to take into account technical standards in the field of inland navigation (CESNI) and to further harmonise in this regard River Information Services (RIS), which would solve the problems arising from different interpretations of technical standards and the lack of comparable data, and underlines the need to prepare for seamless interoperable data exchange with other modes of transport;
Amendment 136 #
2021/2015(INI)
7a. Stresses the need for swift implementation of the electronic freight transport information (eFTI) regulation, allowing transport operators to share information with enforcement authorities in a swift, easy and digital manner;
Amendment 144 #
2021/2015(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance of connecting existing digital transport policy frameworks and of making sure that multimodal transport data are available through a single point of access in order to achieve efficiency gains in waterborne freight transport; calls on the Commission in this regard to come up with an EU action plan for multimodal transport infrastructure and data sharing, with the goal of achieving an interoperable, synchromodal, connected and automated transport system by 2035 at the latest;
Amendment 146 #
2021/2015(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points to the need for incentives for the development of intermodal digital port platforms; calls in this regard for a Project of European Added Value, financed by the RRF, for the navigability and multimodal connection of TEN-T inland waterway corridors;
Amendment 148 #
2021/2015(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that increased automation brings the reality of synchromodal transport in Europe closer; insists therefore on the need for a European Roadmap for Smart and Autonomous Inland Waterway Transport Systems that supports research, the development and successful implementation of smart ships and ports, and digital interoperability; raises in this regard the valued contribution of CESNI standards related to crew, vessels and information technology;
Amendment 149 #
2021/2015(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that increased automation brings the reality of synchromodal transport in Europe closer; insists therefore on the need for a European Roadmap for Smart and Autonomous Inland Waterway Transport Systems that supports researchfuture-oriented legislation, research, pilot projects and field labs, the development and successful implementation of smart ships and ports, based on Intelligent Transport Systems, and digital interoperability;
Amendment 152 #
2021/2015(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points to the benefits of EU Space services and data differentiators provided by Galileo and Copernicus to enable green, safe and secure navigation of autonomous vessels;
Amendment 153 #
2021/2015(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights that safe and secure autonomous navigation requires standardized sharing of information beyond the position of the antenna of the vessels, such as the attitude of vessels, the contour of the hull as well as on modifications of the waterways, in order to manage autonomous operations, to avoid potential collisions between vessels that share the same fairway, and to provide skippers with the latest information about the fairway; points to space solutions as enablers for inland waterway transport and the useful contribution of EU Space assets Galileo, EGNOS and Copernicus in this regard;
Amendment 158 #
2021/2015(INI)
Motion for a resolution
Subheading 4
Subheading 4
Ports: from transshipment point for fossil fuels to clean energy and circular hub
Amendment 173 #
2021/2015(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights that the deployment of alternative fuels infrastructure should take into account the potential demand and market characteristics of a port; stresses, therefore, that a European rollout strategy of alternative fuels for multimodal and industrial use through the TEN-T revision and Directive 2014/94/EU on the deployment of alternative fuels infrastructure (AFID) should follow a network approach that leads to an efficiently planned infrastructure, based on the potential market demand characteristics of a port and, where necessary, along water routes and the principle of technology neutrality;
Amendment 175 #
2021/2015(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission and Member States to strengthen the synergies between the inland waterways infrastructure and the Trans-European Energy Networks, which will facilitate the energy transition of inland shipping and support the development of ports as energy hubs; highlights, in this regard, the need for better integrating inland waterways infrastructure into the European energy grid to facilitate the use of on-shore power supply; also stresses the potential of inland waterways for the transport of alternative fuels;
Amendment 179 #
2021/2015(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Points to the promising role of ports in the circular economy; calls upon the Commission to develop measures supporting circular economy activities in ports, including collection and transport of used materials, waste and recycled products, in order to unlock their potential to become circular hubs;
Amendment 187 #
2021/2015(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need to modernise inland navigation education and training, focusing on the development of green and digital skills, thereby creating attractive jobs for young people; supports, in this regard, the further development of CESNI standards to uphold the necessary skills for crew members on board inland navigation vessels; calls, furthermore, for the proper implementation of Directive (EU) 2017/2397 on the recognition of professional qualifications in inland navigation by Member States by 17 January 2022;
Amendment 200 #
2021/2015(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of existing EU funding instruments for greening and digitalising our European inland waterway transport sector, such as the Connecting Europe Facility (CEF), Horizon Europe and, the Structural and Cohesion Funds and the Recovery and Resilience Facility (RFF), and the need to mobilise them to finance investments in alternative fuels and adequate ship, the development and roll-out of alternative propulsion systems for vessels and infrastructure;
Amendment 206 #
2021/2015(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that the energy transition towards zero emission is a technological and financial challenge for the inland navigation sector which needs appropriate support;
Amendment 209 #
2021/2015(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that the inland waterway sector consists mostly of SMEs, family businesses and smaller ports, which makes it difficult for them to make expensive investments in order to comply with the goals of the Green Deal; considers, therefore, that the scalability of required investments should be improved and the administrative burden and cost for access to funding should be significantly reduced;
Amendment 212 #
2021/2015(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to set up a dedicated European inland waterway fund, including a one-stop-shop system that is easily accessible for help and assistance and has the possibility to combine projects into a single application, thus increasing the chances for funding; stresses that the fund should be financed through thecomplement the existing reserve funds created under Regulation (EU) 546/20149 , where possible complemented with national funds and contributions, awith significant additional financial contributions from European and national financing instruments in order to leverage further investments from the industry and to address the current investment gap in financing the sustainable transition; this fund should also provide for the possibility of blending with the CEF and the Structural and Cohesion Funds; as well as financing instruments from the European Investment Bank; _________________ 9 OJ L 163, 29.5.2014, p. 15.
Amendment 219 #
2021/2015(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls upon the Commission to reinforce its internal resources dedicated to inland waterway transport, including human recourses, bringing them in line with the ambitions of the Green Deal, the modal shift and the Sustainable and Smart Mobility Strategy for this sector;
Amendment 223 #
2021/2015(INI)
Motion for a resolution
Subheading 7
Subheading 7
Passenger transport and, urban mobility and waterborne city logistics
Amendment 226 #
2021/2015(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the recent Commission evaluation of the 2013 Urban Mobility Package10 ; highlights in this regard that the expected results of the Urban Mobility Plan (UMP), namely a reduction in CO2 and air pollutant emissions, less congestion and fewer road casualties in urban areas, have not consistently materialised across the EU; calls on the Commission, therefore, to encourage Member States and cities to include, where possible, waterborne city logistics and local freight distribution as well as waterborne public transport, as a safe and effective mode of transport, in their sustainable urban mobility planning (SUMP) and to enhance their urban mobility data collection; stresses, furthermore, the need to include waterborne public transport means in digital mobility platforms, such as Mobility as a Service; _________________ 10Commission staff working document of 24 February 2021 entitled 'Evaluation of the 2013 Urban Mobility Package' (SWD(2021)0047) - https://eur- lex.europa.eu/legal- content/en/TXT/?uri=CELEX:52021SC00 47
Amendment 656 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b – point iv a (new)
Article 4 – paragraph 2 – point b – point iv a (new)
(iva) accessibility of the cities where the European institutions have their headquarters and the optimal interconnection between them;
Amendment 657 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b – point iv b (new)
Article 4 – paragraph 2 – point b – point iv b (new)
(ivb) improving interconnections between existing infrastructure through additional arrangements to optimise the operation of the European corridors;
Amendment 851 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d – point i
Article 15 – paragraph 2 – point d – point i
(i) on double track lines, at least 50% of the train paths for freight trains, andprovided that the line is not ‘congested’ within the meaning of Article 47 of Directive 2012/34/EU, not less than two50% of the train paths per hour and direction, can be allocated to freight trains with a length of at least 740 m;
Amendment 855 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d – point ii
Article 15 – paragraph 2 – point d – point ii
Amendment 862 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point e
Article 15 – paragraph 2 – point e
(e) provides a standard of at least P400Facilitates the operation of trains carrying P400 semi-trailers on pocket wagons in accordance with item 1.1.1.1.3.5 of Table 1 in the Annex to Commission Implementing Regulation (EU) 2019/77757, without any additional requirement for special permission to operate services. __________________ 57 Commission Implementing Regulation (EU) 2019/777 of 16 May 2019 on the common specifications for the register of railway infrastructure and repealing Implementing Decision 2014/880/EU (OJ L 139I, 27.5.2019, p. 312).
Amendment 947 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) class B systems are decommissioned unless they are designed to operate a public transport system requiring greater efficiency and traffic volume management capacity than that allowed by ERTMS capacity in an urban node.
Amendment 1250 #
2021/0420(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a
Article 33 – paragraph 1 – point a
(a) the airports of the core network are connected with the long-distance rail network, including the high-speed rail netwTEN-T network and corresponding urban nodes, as defined in Annex II, by means of rapid and high- frequency public transporkt, and road transport infrastructure of the trans- European transport network by 31 December 2030, except where specific geographic or significant physical constraints prevent such connections;
Amendment 1256 #
2021/0420(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
(b) the airports of the comprehensive network with a total annual passenger traffic volume of more than four million passengers are connected with the long- distance railway network, including with the high-speed rail netwTEN-T network and corresponding urban nodes, as defined in Annex II, by means of rapid and high-frequency public transporkt, and road transport infrastructure of the trans- European transport network by 31 December 2050, except where specific geographic or significant physical constraints prevent such connections;
Amendment 1333 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point b – point i
Article 40 – paragraph 1 – point b – point i
(i) adoption of a sustainable urban mobility plan (SUMP) in line with Annex V that includes notably measures to integrate the different modes of transport, to promote efficient zero-emission mobility including public transport and sustainable and zero-emission urban logistics, to reduce air and noise pollution and that takes long-distance trans-European transport flows into consideration;
Amendment 1642 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 9/23
Annex 1 – part 9/23
Add the following to the comprehensive network: - Colmar - Freiburg rail passengers line
Amendment 1643 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 9/23
Annex 1 – part 9/23
Add the following to the comprehensive network: - Haguenau - Roeschwoog - Rastatt rail passengers line
Amendment 637 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. For long-distance heavy road transport, provide for a rendez-vous clause in 2027 in order to take stock of the technologies available and to adapt the infrastructure accordingly.
Amendment 732 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 9 a (new)
Article 5 – paragraph 9 a (new)
9 a. Member States shall take necessary measures to ensure that a mandatory information system on the availability of recharging points and estimated waiting times is available in an easily understandable and precise manner to end users.
Amendment 816 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure that a minimumn adequate shore-side electricity supply for seagoing container and passenger ships is provided in maritime ports. To that end, Member States shall take the necessary measures to ensure that by 1 January 2030, in TEN-T core and TEN-T comprehensive maritime ports:
Amendment 827 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) TEN-T core and TEN-T comprehensive maritime portterminals whose average annual number of port calls over the last three years by seagoing container ships above 5000 gross tonnes, in the previous three years, is above 150 havprovide sufficient shore-side power output to meet at least 90% of that demand;electricity for 90% of the calls.
Amendment 834 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) TEN-T core and TEN-T comprehensive maritime portterminals whose average annual number of port calls over the last three years by seagoing ro-ro passenger ships and high-speed passenger craft, other than cruise ships, above 5000 gross tonnes, in the previous three years, is above 40 have sufficient shore-side power output to satisfy at least 90% of that demand;100 provide shore-side electricity for 90% of the calls.
Amendment 842 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) TEN-T core and TEN-T comprehensive maritime portterminals whose average annual number of port calls over the last three years by passenger ships other than ro-ro passenger ships and high-speed passenger craftcruise ships above 5000 gross tonnes, in the previous three years, is above 25 have sufficient shore-side power output to meet at least50 provide shore-side electricity for 90% of that demande calls.
Amendment 853 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. For the determination of the number of port calls in accordance with Article 9(1), the following port calls shall not be taken into account:
Amendment 856 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) port calls that are at berth for lessfewer than twohree hours, calculated on the basis of hour of the actual departure and arrival monitored in accordance with Article 14 of the proposal for a Regulation COM(2021)562;
Amendment 864 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) port calls by ships at a terminal that use zero- emission technologies, as specified in Article 5(3b) and Annex III of the proposal for a Regulation COM(2021)562;
Amendment 870 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(c a) port calls that are exceptionally at a berth which does not normally accommodate this ship type/segment;
Amendment 879 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where the maritime port of the TEN-T core network and the TEN-T comprehensive network is located on an island or an outermost region which is not connected directly to the electricity grid, paragraph 1 shall not apply, until such a connection has been completed or there is a sufficient locally generated capacity from clean energy sources.
Amendment 1057 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b a (new)
Article 15 – paragraph 3 – point b a (new)
(b a) the use and economic viability of available infrastructure and expected future demand for this infrastructure;
Amendment 1058 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b b (new)
Article 15 – paragraph 3 – point b b (new)
(b b) the impact on modal split taking place as a result of the introduction of the Regulation, including impacts of Article 9 on call patterns, greenhouse gas emissions, short-sea shipping, traffic on inland transport modes.
Amendment 1164 #
2021/0223(COD)
Proposal for a regulation
Annex II – Part 4 – point 4.1
Annex II – Part 4 – point 4.1
4.1. Shore-side electricity supply for seagoing ships, including the design, installation and testing of the systems, shall comply with the technical specifications of the IEC/IEEE 80005-1:2019 standard, for high-voltage and low-voltage shore connections respectively. Vessels should foresee and adapt to these standards when planning and investing in OPS on-board, including electrical frequency, avoiding incompatibilities.
Amendment 1167 #
2021/0223(COD)
Proposal for a regulation
Annex II – Part 4 – point 4.5
Annex II – Part 4 – point 4.5
4.5. Technical specifications for port-to- grid communication interface in automated onshore power supply (OPS) and battery recharging systems for maritime vessels along with technical specifications for OPS installed onboard vessels, including frequency standardisation where applicable.
Amendment 1168 #
2021/0223(COD)
Proposal for a regulation
Annex II – Part 4 – point 4.7 a (new)
Annex II – Part 4 – point 4.7 a (new)
4.7 a. Technical specifications for cable management systems (including length and location) onboard vessels where applicable.
Amendment 1170 #
2021/0223(COD)
Proposal for a regulation
Annex II – Part 4 – point 4.7 b (new)
Annex II – Part 4 – point 4.7 b (new)
4.7 b. Technical specifications for plug location standard onboard vessels where applicable.
Amendment 162 #
2021/0205(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Airports covered by this RegulationMember States should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel at airports covered by this Regulation, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. If necessary, the Agency should be able to require a Union airportMember State to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.
Amendment 301 #
2021/0205(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Obligations of Union airports to provide the infrastructure
Amendment 307 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall ensure that airport managing bodies and other parties involved in fuel supply at Union airports shall take necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels.
Amendment 320 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Where aircraft operators report difficulties to the European Union Aviation Safety Agency (‘the Agency’) in accessing aviation fuels containing sustainable aviation fuels at a given Union airport for lack of adequate airport infrastructure, the Agency may request the Union airportMember State to provide the information necessary to prove compliance with paragraph 1. The Union airportMember State concerned shall provide the information without undue delay.
Amendment 327 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
The Agency shall assess the information received and inform the Commission if such information allows to conclude that the Union airportMember State does not fulfil its obligations. Union airportMember States shall take the necessary measures to identify and address the lack of adequate airport infrastructure in 5 years after the entry into force of the Regulation or after the year when they exceed one of the thresholds in Article 3(a).
Amendment 408 #
2021/0205(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) The status of compliance of airports regarding obligationsaccess to sustainable aviation fuel set out in Article 6;
Amendment 1 #
2020/2136(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to the Treaty on European Union (TEU), and in particular Article 50 and Article 8 thereof,
Amendment 3 #
2020/2136(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the Commission Declaration for the European Parliament plenary of 16 April 2019;
Amendment 4 #
2020/2136(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to European Council Decision (EU) 2018/937 of 28 June 2018 establishing the composition of the European Parliament,
Amendment 5 #
2020/2136(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
— having regard to the judgment of the Court of Justice of the European Union of 10 December 2018, Andy Wightman and Others v Secretary of State for Exiting the European Union, case C- 621/18,
Amendment 6 #
2020/2136(INI)
Motion for a resolution
Citation 11 c (new)
Citation 11 c (new)
Amendment 7 #
2020/2136(INI)
Motion for a resolution
Citation 11 d (new)
Citation 11 d (new)
— having regard to the study commissioned by the European Parliament Policy Department for Citizens' Rights and Constitutional Affairs, entitled ”Interpretation and implementation of Article 50 TEU – Legal and institutional assessment”, March 2021,
Amendment 8 #
2020/2136(INI)
Motion for a resolution
Citation 11 e (new)
Citation 11 e (new)
— having regard to the Good Friday or Belfast Agreement of 10 April 1998 between the Government of the United Kingdom, the Government of Ireland and the other participants in the multi-party negotiations (the "Good Friday Agreement"),
Amendment 9 #
2020/2136(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. Whereas the objective of this report is to analyse the way in which the provisions of Article 50 of the TEU were interpreted and applied, and the way the procedure of withdrawal of the UK from the EU under that Article was organised and conducted, including the lessons drawn for EU law and the functioning of the European Union.
Amendment 10 #
2020/2136(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. Whereas the reflection on the implementation of Article 50 contributes to a better understanding of key components of the EU constitutional identity, the principles underpinning the European integration, the importance of the decision making autonomy and the right to regulate, to be taken into account in future treaty change;
Amendment 14 #
2020/2136(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the Vienna Convention on the Law of Treaties (VCLT) is not directly applicable to the TEU as the EU is not a party to the Convention;
Amendment 21 #
2020/2136(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas Article 50 of the TEU does not impose any formal requirements regarding the notification of the intention to leave the Union or its revocation, the extension of the period of two years set out under Article 50(3) of the TEU, and does not explicitly provide for the possibility of transitional arrangements,
Amendment 24 #
2020/2136(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas, in its judgment of 10 December 2018, in case C-621/18, the Court of Justice determined the conditions under which the withdrawing Member State may revoke unilaterally the notification of its intention to withdraw from the Union,
Amendment 25 #
2020/2136(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas Article 50 of the TEU is not clear as regards the application of parts of Article 218 of the TFEU other than its paragraph 3,
Amendment 26 #
2020/2136(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas the application of Article 50 of the TEU underlines that EU membership is voluntary and that a Member State cannot be forced to stay or leave, whereas the decision to withdraw from the Union is made in line with the withdrawing state’s internal constitutional order;
Amendment 30 #
2020/2136(INI)
Motion for a resolution
Recital E
Recital E
E. whereas Article 50 of the TEU confers on the Union institutions the exceptional horizontal competence to negotiate an agreement covering all matters necessary to arrange the withdrawal of a Member State;
Amendment 38 #
2020/2136(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas Parliament is part of the decision-making procedure under Article 50 of the TEU and exercises general political control, as provided for in Article 14 of the TEU;
Amendment 40 #
2020/2136(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the withdrawal of the UK had an impact on the composition of the European Parliament as provided for in Article3(2) of European Council Decision (EU) 2018/937,
Amendment 45 #
2020/2136(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the Union institutions have undertaken all efforts not to politicise the process of withdrawal, but the withdrawal under Article 50 of the TEU is nevertheless inherently political as it stems from and is influenced by fundamental choices regarding membership of the EU and/or the relationship with the EU;
Amendment 46 #
2020/2136(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas after the entry into force of the Withdrawal Agreement the only legal path for a re-accession to the EU is on the basis of Article 49 of the TEU;
Amendment 47 #
2020/2136(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas Article 8 of the TEU emphasises the special relationship of the EU and its neighbouring countries;
Amendment 48 #
2020/2136(INI)
Motion for a resolution
Recital I d (new)
Recital I d (new)
Id. whereas, according to the European Parliament’s rules of procedure, the Committee on Constitutional Affairs is responsible for the institutional consequences of withdrawal from the Union;
Amendment 49 #
2020/2136(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
Amendment 51 #
2020/2136(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that the withdrawal of aone of its Member States has been an unprecedented and extremely critical process for the European Union;
Amendment 58 #
2020/2136(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that the historical importance for EU membership of the UK’s withdrawal did not and does not deviate the Union from its integration process, as the Article 50 provides guarantees to the EU legal order and protects fundamental goals of the European integration;
Amendment 62 #
2020/2136(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the provisions of Article 50 of the TEU and the way in which they were interpreted and implemented reflect and uphold the common values and the goals that are at the foundation of the Union, in particular freedom, democracy and the rule of law;
Amendment 65 #
2020/2136(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that Article 50 of the TEU has met its objectives of preserving the sovereign right of a Member State to withdraw from the European Union, thus confirming explicitly the voluntary nature of EU membership, and of ensuring the orderly withdrawal of the UK from the Union, while allowing for the subsequent building of an enhanced relationship between the EU and the UK as a third country;
Amendment 66 #
2020/2136(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 77 #
2020/2136(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the clear division of tasks among the institutions and the unprecedented inclusive and transparent approach adopted byof the Commission and its Chief Negotiator were paramount in maintaining coherence and unity within the EU and in promoting the EU’s priorities and interests in the negotiations, and safeguarding the integrity of the legal order of the Union;
Amendment 79 #
2020/2136(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Commends the main institutional actors for having safeguarded the unity among the 27 Member States as well as within and among the Union institutions respecting the nature of the withdrawal as a Union process;
Amendment 80 #
2020/2136(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Believes that the Union’s interest has prevailed thanks to strategic organisation and conditionality between the different stages of the procedure, in particular through the sequencing of the negotiations, and the conditions linked to the extension, to the transition period, as well to the start of the second phase of talks on a new and close partnership between the EU and the UK on the basis of substantial progress in the negotiations on citizens’ rights, Republic of Ireland and Northern Ireland and the financial settlement;
Amendment 81 #
2020/2136(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Appreciates that the chapter on citizens’ rights of the withdrawal arrangements was agreed rather early in the negotiations, and the initial version of the draft Withdrawal Agreement of 19 March 2018 contained an entirely agreed Part Two on citizens’ rights, including on the direct effect of its provisions, and on the jurisdiction of the Court of Justice on the relevant provisions on citizens’ rights;
Amendment 82 #
2020/2136(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Stresses that the Union has clearly identified from the outset as issues of the European Union as a whole the specific circumstances of the island of Ireland and the need to safeguard the Good Friday Agreement and mitigate the effects of the United Kingdom’s withdrawal on the Republic of Ireland;
Amendment 83 #
2020/2136(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Considers that the time-limited transitional period with continued application of existing EU regulatory, budgetary, supervisory, judicial and enforcement instruments and structures following the withdrawal was in the interest of both parties and facilitated the negotiation of and bridging to the future relationship;
Amendment 84 #
2020/2136(INI)
Motion for a resolution
Paragraph 7 f (new)
Paragraph 7 f (new)
Amendment 87 #
2020/2136(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes, nevertheless, that the withdrawal process was characterised by hesitancyvolatility, on the part of the UK, leading to protracted uncertainty from the outset, reflected in the time gap between the referendum and the withdrawal notification under Article 50 of the TEU, and until the end of the negotiations, due to; Considers that raising the spectre of a no-deal withdrawal amounted to brinkmanship and gravely endangered the prospects of an orderly withdrawal;
Amendment 96 #
2020/2136(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is of the view that the provisions of Article 50 of the TEU on the notification and extension of the period under Article 50(3) of the TEU have been handled in a sufficiently flexible manner to respond to the political vacillations and inconsistencies of the successive UK governments, while preserving the integrity of the withdrawal process and upholding the legal order of the Union;
Amendment 97 #
2020/2136(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Recalls that the decision to withdraw is the sovereign right of a Member State and that the Union is obliged to acknowledge the intention of that state; reminds that Article 50 of the TEU does not specify and therefore places no constraints on the form of notification of the intention to withdraw; believes in this context that the conduct of a Member State not respecting EU law and/or expressing its intention to not apply the EU Treaties, not recognise the jurisdiction of the European Court of Justice and not respect its judgements are a clear rejection of the obligations linked to EU membership;
Amendment 98 #
2020/2136(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Points out that the withdrawal from the European Union is by nature a complex process, and that the political choices of the withdrawing Member State regarding its future relations with the Union can add to such complexity;
Amendment 99 #
2020/2136(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
Amendment 102 #
2020/2136(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes, in this regard, that if an agreement is not reached, the withdrawal becomes effective two years after notification of the Council, in accordance with Article 50 (3) of the TEU; emphasises that there are no provisions in the Treaty to tackle a no-deal scenario;
Amendment 103 #
2020/2136(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Reiterates the importance of the work undertaken by the Commission and the Member States at all levels of public administration and in reaching out to citizens and private sectors, in terms of awareness raising and preparation, through the publication of a great number of specific stakeholder preparedness notices, and the timely adoption of unilateral and temporary contingency measures;
Amendment 104 #
2020/2136(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
Amendment 105 #
2020/2136(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Notes that the Treaty does not specify any substantive requirements on the guidelines of the European Council under Article 50(2) of the TEU, or regarding the framework for the future relationship between the withdrawing Member State and the Union and its link with the withdrawal arrangements;
Amendment 106 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – introductory part
Paragraph 11 – introductory part
11. Considers that Article 50 of the TEU strikes a balance between ensuring a legally sound withdrawal process and safeguarding the political flexibility necessary for adaptation to the specific circumstances; believes, however, that, in the framework of a future reform of the Treaty, the opportunity of remedying some of the loopholes identified in Article 50 of the TEU could be assessed, with particular regard tocomplexity of the withdrawal process and the far-reaching nature of its consequences are disproportional in relation to the lack of detail of the provisions of Article 50 of the TEU, including on the following aspects:
Amendment 113 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 1
Paragraph 11 – indent 1
- delimited requirements for the extension of the period of two years set out under Article 50(3) of the TEU,
Amendment 117 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 1 a (new)
Paragraph 11 – indent 1 a (new)
- the formal requirements of the notification of the intention to leave,
Amendment 120 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 2
Paragraph 11 – indent 2
- a legal basis and strict conditions forthe transitional arrangements,
Amendment 125 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 3
Paragraph 11 – indent 3
- explicit conditions for the revocation of the notification of the intention to leave,
Amendment 129 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 4
Paragraph 11 – indent 4
- clarification of the application of the provisions of Article 218 of the TFEU, notably on the role other than its paragraph 3, and in particular on the role of the European Parliament and of the Court of Justice of the European Union in the procedure;
Amendment 133 #
2020/2136(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes, furthermore,Regrets that the withdrawal of the UK from the Union entailed the departure of an entire community of EU citizens; believes that the withdrawal provisions of the Treaty should, as much as possible, ensure legal certainty for the vast number of EU citizens affected by the withdrawal, setting out minimum standards for the protection of their rights obtained on the basis of EU law;
Amendment 138 #
2020/2136(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Amendment 144 #
2020/2136(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Emphasises that the European Parliament played a pivotal role in the entire process of the withdrawal, contributing actively with duly substantiated resolutions to the identification of strategies and to the protection of the interests and priorities of the EU and its citizens, since the run-up to the UK referendum on EU membership; recalls in this regard that the contribution of Parliament was structured mainly through the Brexit Steering Group (BSG), created by the Conference of Presidents on 6 April 2017, with the support and close involvement of Parliament’s committees and the Conference of Presidents;
Amendment 146 #
2020/2136(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses that the Parliament was mobilised as a whole and in unison in the monitoring of the process of withdrawal, both through its political bodies and through its committees, which were called to identify from early on the impact of the UK’s withdrawal on the policy areas and legislation in their respective fields of responsibility; reiterates the importance of the continuous involvement of the committees responsible for sectoral policies during the negotiations; commends the long and exhaustive preparatory work undertaken by the committees in gathering evidence, advice and expertise through hearings, workshops and studies on all issues related to the withdrawal or the future relationship between the EU and the UK;
Amendment 147 #
2020/2136(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Recalls that the European Parliament has engaged in active dialogue with citizens and organisations representing them, through auditions and meetings organised by parliamentary committees and the BSG, who have striven to give a voice to their concerns and expectations during the withdrawal process;
Amendment 149 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Reminds that according to Article 50 (4) of the TEU, the member of the European Council or of the Council representing the withdrawing Member State cannot participate in the discussions of the European Council or Council or in decisions concerning the process of withdrawal, while the Members of the European Parliament (MEPs) elected in the withdrawing Member State continue to be MEPs with all their rights and obligations intact until the withdrawal becomes effective;
Amendment 150 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Recalls the central role of the Union negotiator in liaising and creating remarkable unity between the Union’s institutions and the 27 Member States;
Amendment 151 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Recognises the unprecedented nature of inter-institutional cooperation and transparency in the implementation of the Article 50 of the TEU, including the working methods and structures involved in the negotiations, the information channels, the publication of negotiating documents and the participation in meetings, and in particular in Sherpa meetings and meetings of the General Affairs Council;
Amendment 152 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Acknowledges the relevance of the core principles proposed by the European Parliament and introduced by the European Council in its successive negotiation guidelines, and subsequently implemented in the negotiations: - Protecting citizens’ rights derived from their status as EU citizens; - Acting in the interest of the Union and preserving its constitutional integrity and the autonomy of its decision-making; - Safeguarding the role of the Court of Justice of the European Union; - Preserving the financial stability of the Union; - Defending the withdrawing state’s enjoyment of all the rights and fulfilment of all the obligations deriving from the Treaties, including the principle of sincere cooperation; - Defending the clear difference in status between Member States and non-member States, as a state having exited the Union cannot have the same rights and obligations as a Member State;
Amendment 153 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Continues to support fully the abovementioned principles;
Amendment 154 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 f (new)
Paragraph 14 f (new)
14f. Is of the opinion that the abovementioned principles reach beyond the context of Article 50 of the TEU, as they underpin European integration and have become key elements of the EU constitutional identity and EU legal order even though they are not part of the treaty;
Amendment 155 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 g (new)
Paragraph 14 g (new)
14g. Notes that in this respect, the Article 50 of TEU exit procedure has led both the EU and its Member States to reaffirm the Union’s constitutional identity;
Amendment 156 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 h (new)
Paragraph 14 h (new)
Amendment 158 #
2020/2136(INI)
15. Reiterates that, until a withdrawal agreement enters into force or, failing that, the two-year period mentioned in Article 50(3) of the TEU has elapsed, the withdrawing State remains a Member State, and enjoys all the rights and is under all the obligations deriving from the Treaties without exception, including the principle of sincere cooperation laid down in Article 4(3) of the TEU, as well as the obligation to hold elections to the European Parliament and to appoint its representatives in the institutions and bodies of the Union;
Amendment 161 #
2020/2136(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 175 #
2020/2136(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Emphasises in this regard that while the Article 50 process is concluded once the withdrawal from the EU becomes effective, the actual unwinding of EU membership and implementation of the withdrawal agreement is a long term process; Reaffirms in this context that Parliament will play its full role in the monitoring of the implementation of the Withdrawal Agreement;
Amendment 176 #
2020/2136(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
Amendment 180 #
2020/2136(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that Article 50 of the TEU addresses and allows to solves the procedural aspect of a Member State’s withdrawal, but does not solve the significant political and economic consequences and disruptive effects of the withdrawal of a Member State from the EU;
Amendment 182 #
2020/2136(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
Amendment 184 #
2020/2136(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reiterates its call for an in-depth reflection on the withdrawal of the UK from the European Union, and on its impact on the future of the EU; believes that such a reflection should ensure an open and broadened dialogue on the reforms that the Union needs in order to reinforce democracy and the capacity to deliver on citizens needs and expectations; recalls in this context that the Union has embarked on an unprecedented process of reflection on its future in the framework on the Conference of the Future of Europe;
Amendment 194 #
2020/2136(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that it is the responsibility and role of the Union and its Member States to prevent the repetition of a withdrawal from the EUserve the nature of the European integration through their commitment to the European values and principles, including loyal cooperation principle and to prevent the repetition of a withdrawal from the EU; regrets in this context the restraint and limited engagement of the European Parliament and its committees in the run-up to the UK referendum which did not allow to improve access of the European citizens of UK to the information on the functioning of the EU and implications of withdrawal process; calls on Member States to consistently provide wide- reaching information to EU citizens on the functioning of the European Union, its areas of action and its decision-making processes; considers that for this purpose the Conference on the Future of Europe offers an opportunity for enhanced dialogue with citizens and civil society on the European Union and how it should evolve;
Amendment 1 #
2020/2133(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the Treaty on European Union (TEU), in particular Articles 9 and 10, 15(3)3, 14, 15,16 and 17(3) thereof,
Amendment 2 #
2020/2133(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the special report 13/2019 of the European Court of Auditors on the ethical frameworks of the audited EU institutions
Amendment 5 #
2020/2133(INI)
Motion for a resolution
Citation 13
Citation 13
— having regard to the recommendations of Transparency Intthe Organisation for Economic Co-Opernational and Development (OECD), the Council of Europe’´s Group of States against Corruption (GRECO), and the Organisation for Economic Co-operation and Development (OECD)various NGO´s,
Amendment 7 #
2020/2133(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the TEU stipulates that ‘the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies and agencies’; whereas this implies that public decisions are taken in the interest of the common good and notthat conflicts of interests - which occur, according to the definancial power of individual actors; ition of the OECD "when an individual or a corporation (either private or governmental) is in a position to exploit his or their own profession or official capacity in some way for personal or corporate benefit" - should be avoided in the legislative process and whereas any definition of conflict of interest has a contextual and evolving nature and full transparency does not necessarily guarantee the absence of any conflict of interest, nor does it guarantee that public trust will be won or decreased;
Amendment 10 #
2020/2133(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the Treaties have established a system of division of powers between the institutions of the Union that assigns to each institution its own role within the institutional structure of the Union and in the performance of the tasks entrusted to it;
Amendment 15 #
2020/2133(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the European Court of Auditors has stated in its special report 13/2019 1a on the ethical framework of the EU that Parliament, Council and Commission "have to a large extent adequate ethical frameworks in place for both staff and Members". _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/SR19_13/SR_ethical_frameworks _EN.pdf
Amendment 18 #
2020/2133(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas nevertheless the enforcement of the ethical framework could be improved;
Amendment 22 #
2020/2133(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the shortcomings of the current EU ethics framework derive largely from the fact that it relies on a self-regulatory approach and lacks adequate human and financial resources and competences to verify informany further evolution of the EU ethics framework must have a clear legal basis while respecting the separation of powers as laid down in the Treationes;
Amendment 24 #
2020/2133(INI)
Motion for a resolution
Recital D
Recital D
Amendment 27 #
2020/2133(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, as a consequence, multiple cases of unethical conduct and their inadequate handling by the EU institutions have harmed every incidence of unethical behaviour can endanger the trust which European citizens place in the EU institutions;
Amendment 32 #
2020/2133(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the current ethics standards frameworks appearse to be highly fragmented, with different rules in different institutions, creating a complex system which is difficult for both EU citizens and for those who have to respect the rules to understandailored according to the specificities of each European institutions;
Amendment 35 #
2020/2133(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the balance of powers assigned to the institutions is a fundamental guarantee afforded by the Treaty to European citizens;
Amendment 36 #
2020/2133(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Meroni doctrine developed by the Court of Justice of the European Union (CJEU) allows for the delegation of EU institutions’ competences to external bodies; under strict conditions; whereas according to the court any delegation of competences must be limited and can only relate to clearly defined executive powers, the use of which must be entirely subject to the supervision of the high authority and cannot concern discretionary powers involving any political judgement in order not to jeopardise the balance of powers between the institutions;
Amendment 39 #
2020/2133(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas, following the preceding considerations, the legal margin for overarching rules applied to individual institutions with a common application is very narrow;
Amendment 40 #
2020/2133(INI)
Motion for a resolution
Recital G
Recital G
Amendment 43 #
2020/2133(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Underlines that all EU institutions have to meet the highest standards of independence and impartiality while stressing each institution´s right of organisational sovereignty;
Amendment 44 #
2020/2133(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. Recalls that Members of Parliament´s freedom of the mandate is in the interest of the citizens they represent;
Amendment 45 #
2020/2133(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Amendment 46 #
2020/2133(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
G d. Points out that all staff in the institutions is covered by the EU staff regulations of officials of the European Union (EUSR) and conditions of employment of other servants of the European Union (CEOS);
Amendment 47 #
2020/2133(INI)
Motion for a resolution
Recital G e (new)
Recital G e (new)
G e. Recalls that the Treaty on European Union and the Treaty on the Functioning of the European Union set out a European governance framework based on the separation of powers, laying down distinct rights and obligations for each institution;
Amendment 48 #
2020/2133(INI)
Motion for a resolution
Recital G f (new)
Recital G f (new)
G f. Points out that based on the principle of conferral, institutions cannot delegate by means of an interinstitutional agreement, powers which they themselves do not have, for instance where such powers are conferred by the Treaties on the Court of Auditors or have remained with the Member States;
Amendment 49 #
2020/2133(INI)
Motion for a resolution
Recital G g (new)
Recital G g (new)
G g. Recalls furthermore that one of Parliament´s primary functions as laid down in the Treaty on European Union is to exercise political control;
Amendment 50 #
2020/2133(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 57 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Principles Considers that any option under discussion for improving transparency and integrity in the EU institutions must be respectful of the following principles: - the principle of sound financial management, ensuring the efficient and effective management of Union ressources - the principles of conferral and separation of powers - the freedom to choose an occupation and the right to engage in work as stipulated by article 15 of the Charter of Fundamental rights of the European Union - rule of law and fundamental European principles such as the presumption of innocence, the right to be heard, the principles of legality and proportionality - Freedom of the mandate of Members of European Parliament
Amendment 58 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Further stresses that any option under discussion requires a solid legal base for the constitution and for any competences to be assigned;
Amendment 59 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Insists that any option under discussion requires a clear definition of the mandate, composition and competences none of which must duplicate or interfere with the work of OLAF, the European Ombudsman, the European Court of Auditors or the European Court of Justice;
Amendment 60 #
Amendment 61 #
2020/2133(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Underlines that the principle of separation of powers is the foundation pillar of modern democracy; considers it imperative for the legislative to control the executive, as any reversal of the roles and powers of the legislative and executive would otherwise endanger the independence of the free mandate of elected Members of Parliament;
Amendment 62 #
2020/2133(INI)
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
Stresses that any option under discussion for improving transparency and integrity in the EU institutions can neither, based on primary law, issue any decision on whether a criminal offense has been committed, nor impose any sanctions, nor impose any administrative measures intended to avoid or clean up accidental or negligent non-compliance with the rules;
Amendment 63 #
2020/2133(INI)
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
Highlights that any option under discussion for improving transparency and integrity in the EU institutions which is to regulate the grey area in between can only have an advisory function for the institutions concerned;
Amendment 64 #
2020/2133(INI)
Motion for a resolution
Subheading 1 d (new)
Subheading 1 d (new)
Insists that any decisions on measures to be taken or sanctions to be imposed can only be taken by the competent bodies of the institutions themselves;
Amendment 65 #
2020/2133(INI)
Motion for a resolution
Subheading 1 e (new)
Subheading 1 e (new)
Recalls that distinction must be made between a conflict of interest arising during or after the exercise of a function and the importance to distinguish between the two and recalls furthermore to distinguish between acts that authorised if declared and acts that are not authorised at all.
Amendment 66 #
2020/2133(INI)
Motion for a resolution
Subheading 1 f (new)
Subheading 1 f (new)
Suggests that each institution concludes agreements on exchange of information with the Member States respecting the framework of the separation of powers;
Amendment 70 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – introductory part
Paragraph 2 – introductory part
2. Considers that the new EU Ethics Body should be delegated a list of competences to implement ethics rules for Members and staff; takes the view that this list should include by way of a minimum the competences provided for in:any options under discussion for improving transparency and integrity in the EU institutions should only have advisory competences for the members of the institutions;
Amendment 72 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 1
Paragraph 2 – indent 1
Amendment 73 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 2
Paragraph 2 – indent 2
Amendment 76 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 3
Paragraph 2 – indent 3
Amendment 79 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 4
Paragraph 2 – indent 4
Amendment 82 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 5
Paragraph 2 – indent 5
Amendment 87 #
2020/2133(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 94 #
2020/2133(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the IIAany cooperation agreement between the institutions should be open to the participation of allother EU institutions and bodies; believes that the IIA should allow the Ethics Body to conclude agreements with national authorities with a view to ensuring the exchange of information necessary for the performance of its task in order to agree on common measures which can be implemented in respect of the division of powers;
Amendment 100 #
2020/2133(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 101 #
2020/2133(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the participating institutions should entrust the EU Ethics Body with monitoring powers over ethics standards, as well as advisory, investigative and enforcement powersany options under discussion for improving transparency and integrity in the EU institutions has to be respectful of the balance between the institutions as established by the treaties, underlines that it must not replace, substitute or interfere with the responsibilities and prerogatives of each institution and points out that given these considerations, the decision-making powers must remain within the respective institutions, hence only a body with advisory function able to issue non- binding recommendations is conceivable;
Amendment 109 #
2020/2133(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 120 #
2020/2133(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 126 #
2020/2133(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 130 #
2020/2133(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that requesting tax documents and bank records are interventions in private law, for which there must be serious allegations that enter in competence of OLAF;
Amendment 134 #
2020/2133(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that in relation to its enforcement powers, the body could take over from the Appointing Authority in dealing with staff ethics obligations, and that in relation to Members of Parliament or Commissioners, the body couldannot be granted enforcement powers within the limits of the provisionssince this transferral of powers would countained in the Treaties, and without prejudice to any additional mechanisms provided for in Parliament’s Rules of Procedure, in particular concerner the separation of powers laid down ing termination of officehe Treaties;
Amendment 142 #
2020/2133(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that thesuch an EU Ethics Body should be entrusted with advisory tasks in order to provideto improve the enforcement of existing provisions in the EU institutions in order to provide reliable and trustworthy advice to any individual possibly covered by its scope who wishes to request interpretation of an ethical standard in relation to appropriate conduct in a specific case;
Amendment 150 #
2020/2133(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. BelievUnderlines that the decision on the absence of conflicts of interest of designated Commissioners-designate should remain a competence of Parliament’s Committee on Legal Affair remains a political and institutional competence of the European Parliament and its bodies, while thesuch an EU Ethics Body shcould support the process with the publication of itsits non-binding analysis of each individual case and make its investigative capacities available;
Amendment 153 #
Amendment 154 #
2020/2133(INI)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Recalls that the competent bodies in the institutions are regulated by law and that the composition of the competent body in the European Parliament could be made up of MEPs and former MEPs, such an EU Ethics Body may be composed of Members or former Members of the institutions;
Amendment 155 #
2020/2133(INI)
Motion for a resolution
Subheading 3 b (new)
Subheading 3 b (new)
Amendment 159 #
2020/2133(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that the Ethics Body should be composed of nine Members, three selected by the Commission, three elecappointed by Parliament, and three asdesignated de jure from among the former Presidents of the Court of Justice of the European Union (CJEU), the Court of Auditors and former EU Ombudsmen;
Amendment 164 #
2020/2133(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that its members must be independent, chosen on the basis of their competence, experience and professional qualities, as well as their personal integrity, have an impeccable record of ethical behaviour and provide a declaration of the absence of conflicts of interest; is of the opinion that the composition of the body should be gender-balanced; underlines that all member shall be independent in the performance of their duties;
Amendment 176 #
2020/2133(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. InsistsRecommend that the college be supported by a secretariat with the human, material and financial resources commensurate with its mandate and tasks in accordance with the principles of sound financial budget management;
Amendment 181 #
Amendment 182 #
2020/2133(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Proposes a two-stepn approach whereby, in the event that thesuch an EU Ethics Body becomes aware of a breachdeals with a breach of conduct or possible breach of ethics rules, it first recommends actions to put an end to the breach; considers that ithis first preventive step should ensure confidentiality and the right of the person to be heard; suggests that in the event that the individual concerned refuses to take the appropriate actions, the EU Ethics Body should make relevant information about the case publicly available and decide, if appropriate, on sanctions; considers that this two-step approach should apply provided that there are no reasonable grounds to believe that the individual acted in bad faith and recommends that intentional breach, gross negligence, the concealment of evidence and non- compliance with the obligation to cooperate should be, as such, subject to sanctions, even when the breach itself has ceaseto be heard;
Amendment 192 #
Amendment 193 #
2020/2133(INI)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Amendment 194 #
2020/2133(INI)
Motion for a resolution
Subheading 5 b (new)
Subheading 5 b (new)
Insists that the procedures laid down in the Treaties must be applied, such as the transfer of investigations by the European Court of Auditors to OLAF and to the European Court of Justice;
Amendment 197 #
2020/2133(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that the EU Ethics Body should publish an annual report containing both information about the fulfilment of its tasks and, where appropriate, recommendations for improving ethics standardsto be presented to the European Parliament;
Amendment 204 #
2020/2133(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Insists that the decisions of thean EU Ethics Body should bcannot issue legally binding, reviewable before the CJEU and subject to possible complaints to the EU Ombudsma decisions, since no institution can delegate decision- making authority to another institution;
Amendment 17 #
2020/2088(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the 2019 European elections registered the highest turnout of the any elections to the European Parliament in the last 20 years, with 50.26 %, ( an increase of eight percentage points compared to 2014), sending a positive signal, given that it shows that European citizens believe that many of their concerns can be addressed at EU levelare taking an increasing interest in developments at EU level and the impact that EU rules have on their daily lives;
Amendment 28 #
2020/2088(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the higher turnout was ultimately linked toshould not divert our attention from the gains by Eof eurosceptics, which should be considered as a warning for European integration, especially in several founding Member States where far-right extremists and anti-European forces won the electionspopulist and nationalist movements; whereas many of these radical forces from left to right are against the EU integration project;
Amendment 29 #
2020/2088(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the abstention rate in the 2019 European elections was still high, at 49.4%, and whereas the turnout varied significantly from Member State to Member State;
Amendment 34 #
2020/2088(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the higher turnout is also a sign that EU citizens want the EU to actrespond swiftly and effectively on important matters such as climate change, migration, protection of fundamental rights and democratisto their main concerns, namely employment, the cost of living, health, climate change and migration;
Amendment 35 #
2020/2088(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas we need to be more efficient and proactive in taking advantage of all means of communication, including digital technology, to foster a strong link between European political decisions and constituents’ sense of connection to EU institutions;
Amendment 56 #
2020/2088(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the amendedParliament should pursue its proposals for amendments to the Electoral Act, still pending ratification by some Member States, already requires further improvements (i.e. regarding parental leave for MEPs)with renewed vigour and to push for unified European electoral rules;
Amendment 70 #
2020/2088(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the 2019 elections failed to culminate in the choice of a Commission President from among the various Spitzenkandidaten, resulting in a backward step from the process which was established in 2014;
Amendment 78 #
2020/2088(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the Spitzenkandidaten process has yet to be fully developed; whereas it lacks, among other things, the possibility for Spitzenkandidaten to stand as official candidates in all Member States on transnational lists, allowing all European voters to choose and vote for their preferred Spitzenkandidatimproved, allowing all European voters to know who are the candidates to the presidency of the European Commission and how they were chosen by European political parties; whereas Parliament raised this issue in its decision of 7 February 2018 on the revision of the Framework Agreement on relations between the European Parliament and the European Commission15 ; ; _________________ 15 Texts adopted, P8_TA(2018)0030.
Amendment 84 #
2020/2088(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Spitzenkandidaten system needs to be improved and formalised in the EU’s primary law after an in-depth institutional reflectionaddressed and reflected upon in the Conference for the Future of Europe; whereas this reflection should also include the de facto political role of the Commission and its President and any related changes to the decision-making process of the Union;
Amendment 88 #
2020/2088(INI)
Motion for a resolution
Recital M
Recital M
M. whereas institutional improvements such as transnational lists, as acknowledged by Parliament in its resolution of 7 February 2018 on the composition of the European Parliament, or the transformation of the Council into a second legislative chamber of the Union, as proposed in its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union, would radically transform the European elections into one true European election,are needed in order to achieve a true European political sphere as opposed to the collection of 27 separate national electiondebates that it is today;
Amendment 94 #
2020/2088(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. Whereas proposal such as the "transnational lists" or the transformation of the Council into a second legislative chamber are still under discussion; whereas none of them count currently with a majority support; Whereas the upcoming Conference on the Future of Europe provides a true opportunity to discuss these issues and other institutional reforms; Whereas the success of the Conference will crucially depend on the agenda, the involvement of the citizens and the European Council's willingness to implement results;
Amendment 101 #
2020/2088(INI)
Motion for a resolution
Recital O
Recital O
O. whereas democratic processes at both Member State and EU levels have been targeted by foreign powers in order to influence the outcome of elections and weaken the Union; whereas the mechanisms put in place by the European institutions, such as the Code of Practice against Disinformation and the Rapid Alert System for elections contributed to the mitigation of foreign interference during the election campaign, but whereas, in the light of rapid developments in technologies and disinformation methods, constant vigilance and coordination among the Member States are essential;
Amendment 105 #
2020/2088(INI)
Motion for a resolution
Recital P
Recital P
P. whereas the Commission’s requests to social media platforms ahead of the elections created confusion and had unintended consequences such as the ban on Europe-wide political advertisements, which is the only way for European political parties to advertisebe identified and recognised by voters during European election campaigns; whereas especially on that matter, the institutions should develop an interinstitutional approach in order to have a positive impact on the security and stability of the electoral process;
Amendment 109 #
2020/2088(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas European political parties and foundations are the primary facilitators of a successful European political debate, both during and beyond European elections and should be rendered more visible;
Amendment 123 #
2020/2088(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the higher turnout in the 2019 European elections, but expresses disappointment at the continuing high abstention rate; considers that thise higher turnout shows that an increasing proportion of citizens consider the EU to be the appropriate level at which toare taking an interest in the EU and the role it can play in addressing the challenges of our time, such as unemployment and the cost of living, improving the quality and resilience of health systems, climate change and environmental concerns, the digital transition, social and gender inequalities, the economy and sustainable growth, and geopolitical concerns such as migration and foreign policymigration and demographics, security and the EU's role in the world; urges all the European institutions, therefore, to take responsibility and to act upon the mandate they have been given, directly or indirectly, by the citizens; regrets both the lack of decisiveness by the Council and the lack of clear intent to achieve solutions based on a common approach;
Amendment 129 #
2020/2088(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the substantial increase of youth participation in the elections; reiterates its, but expresses disappointment at the continuing high abstention rate; calls on the Council and the Commission to take into account their concerns, which are critical for the livesaccount of young people's concerns and the impact of EU rules on future generations, while taking heed of the next generationsmessage sent by those citizens who do not vote;
Amendment 130 #
2020/2088(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to study electoral procedures, in particular the choice of national or territorial lists depending on the population of the Member States, and their impact on the representativeness of the MEPs elected;
Amendment 135 #
2020/2088(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. DeplorWelcomes the fact that the outcome of the elections did not lead togender balance in Parliament has improved over the last elections; Stresses however that there is still room for further improvements in order to achieve a genuine gender -balance ind Parliament; calls on the Commission, in cooperation with Parliament and other bodies such as the Venice Commission, to formulate recommendations to Member States with a view to increasing the representation of women in the European Parliament;
Amendment 158 #
2020/2088(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the opinion that the reason whyAcknowledges that the Spitzenkandidaten process failed to produce a President of the European Commission after the 2019 elections is because no improvements were made to it following the experience of 2014; intends to strengthen the democratic process for choosing the Commission President before the next European elections of 2024;
Amendment 165 #
2020/2088(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the up-comingCalls for the swift adoption of the joint declaration of the three European institutions on the Conference on the Future of Europe, recalls the commitment by the Commission President to address the issue of transnational lists and the Spitzenkandidaten process as the priority institutional issues during the Conference;
Amendment 173 #
2020/2088(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the election of the Commission President depends on a majority of Parliament’s members, which de facto requires the formation of a coalition; recommends that the election procedure be reversed so that Parliament proposes and elects the President of the Commission, after obtaining the consent of the European CouncilRecalls the commitment by the Commission President to address the issue of the Spitzenkandidaten process and transnational lists in the context of the Conference on the Future of Europe; Stresses that the election of the Commission President depends on a majority of Parliament’s members, which de facto requires the formation of a coalition, as shown in the election of July 2019 of the von der Leyen Commission;
Amendment 186 #
2020/2088(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the outcome of the European elections has reinforced the political dimension of the election of the European Commission, and therefore the need for more accurate and objective scrutiny of the declarations of interests of the Commissioners-designate; calls for the creation of an independent body, endowed with the appropriate means, to have this scrutiny included in its responsibilitiesstrengthening of this scrutiny before, during and after the mandate of the Commissioners-designate by reinforcing the role of the already existing Independent Ethical Committee;
Amendment 190 #
2020/2088(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 203 #
2020/2088(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Insists that all European voters should be allowed to vote for their preferredbe allowed to know who the candidate fors to the Ppresidentcy of the European Commission are, giving them the choice to vote for his or her political party; reiterates, therefore, that the Spitzenkandidaten should be able to stand as official candidates atin the next elections in a joint European constituency across all Member StateEuropean Elections;
Amendment 206 #
2020/2088(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 213 #
2020/2088(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 221 #
2020/2088(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges that despite the fact that the agreed reform of the Electoral Law has not yet been ratified by some Member States, further improvements are required, such as provisions for remote voting operations in defined or exceptional circumstances, as well as on the elections in the joint European constituencyshould be addressed at the Conference on the Future of Europe;
Amendment 235 #
2020/2088(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 243 #
2020/2088(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission and the Council to consider, in accordancfully engage with the work of Parliament’s new Special Committee on Foreign interference and Disinformation, the urge and take into creation of a European organisation dedicated to the fight against foreign interferenceonsideration the outcome of its work; encourages the Commission and the Council to work much more closely with Parliament on these matters, as the protection of our democratic institutions is a core competence of the European Parliament;
Amendment 247 #
2020/2088(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises the important role of European political parties and foundations in fostering a European political debate; points out, however, that owing to restrictive measures at European and national levels, European political parties cannot fully participate in European election campaigns; stresses, moreover, that they are not allowed to campaign in referendums that concern European matters, including international trade agreements or the UK’s 2016 referendum on EU membership;
Amendment 249 #
2020/2088(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Considers European political parties' manifestos should be known before the elections, which requires clear and transparent rules on campaigning; underlines the European election rules shall promote European party democracy, including by making obligatory for parties running in European elections and the European party logo appear (next to the national one) on the ballot sheet;
Amendment 256 #
2020/2088(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Is of the opinion that the introduction of an annual European Week taking place simultaneously in all national parliaments, with debates between MPs, European Commissioners, MEPs and representatives of civil society on the Commission Work Programme would support the emergence of connected inter-parliamentary public spheres as well as improving the communication of European actions at national level;
Amendment 262 #
2020/2088(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that the outcome of the European elections is a clear signal for an in-depth institutional reflection that will allow citizens, civil society and their representatives to shapepresents an opportunity for an in-depth reflection about the future of the Union; calls, therefore, on all institutional partners to assume their responsibility and deliver an ambitious, interactive and inclusive Conference on the Future of Europe; open to citizens, civil society and their representatives, and which can strengthen representative democracy as well as EU's resilience by delivering tangible results for its citizens, including on health protection and security
Amendment 264 #
2020/2088(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that the outcome of the European elections is a clear signal for an in-depth institutional reflection that will allow citizens, civil society and their representatives to shape the future of the Union; calls, therefore, on all institutional partners to assume their responsibility and deliver in due course an ambitious Conference on the Future of Europe;
Amendment 50 #
2020/2072(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that, both in the process of establishment of the Interinstitutional Agreement and in the operation of the Annual Monitoring Cycle, the institutions should, in accordance with Article 11 TEU, maintain an open dialogue with representative stakeholders; the Annual Monitoring Cycle ss of Member States as well as other relevant stakehould therefore provide for compulsory consultations with organised civil society, and their views and contributions should be made public ers such as EU institutions and bodies, international organisations, judicial networks and associations, NGOs, academia and think that procesanks;
Amendment 61 #
2020/2072(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Recognises that in the Annual Monitoring Cycle, the Member States should be given anthe opportunity to present their positions in full, while not hampering the efficiency of the procedure;
Amendment 71 #
2020/2072(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Considers that the assessment carried out in the context of the Annual Monitoring Cycle should inform Commission decicontain non- binding recommandations to the Commissions about whether to launch systemic infringement procedures;
Amendment 59 #
2020/2023(INI)
Draft opinion
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Considers that the envisaged partnership should ensure a continuous level playing field between EU and UK ports.
Amendment 258 #
2020/0361(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and, automatic and passive processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider. The provider of intermediary services is considered to play an active role when it optimises, promotes, classifies, organises and references the content, regardless of whether this is automated or not.
Amendment 265 #
2020/0361(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The exemptions from liability established in this Regulation should not be available to providers of intermediary services that do not comply with the due diligence obligations in this Regulation. The conditionality should further ensure that the standards to qualify for such exemptions contribute to a high-level of safety and trust in the online environment.
Amendment 268 #
2020/0361(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) A provider of intermediary services that deliberately collaborates with a recipient of the services in order to undere main purpose of which is to engage in or facilitakte illegal activities does not provide its service neutrally and should therefore not be able to benefit from the exemptions from liability provided for in this Regulation.
Amendment 288 #
2020/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain pProviders of hosting services, namely,such as online platforms that allow consumers to conclude distance contracts with traders, and other service providers should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platformsey present the relevant information relating to the transactions or exchanges at issue in such a way that it leads consumers to believe that the information was provided by those online platformhosting service providers themselves or by recipients of the service acting under their authority or control, and that those online platformhosting service providers thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer.
Amendment 301 #
2020/0361(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to create legal certainty and not to discourage activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union or national law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability set out in this Regulation. Therefore, any such activities and measures that a given provider may have taken should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.
Amendment 316 #
2020/0361(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligationMember States are prevented from imposing a monitoring obligation on service providers only with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact- finding obligation, or as a general obligation forimpeding providers tofrom takeing proactive measures to relation to illegal contentidentify and remove illegal content and to prevent that it reappears.
Amendment 336 #
2020/0361(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The orders to provide information regulated by this Regulation concern the production of specific information about individual recipients of the intermediary service concerned who are identified in those orders for the purposes of determining compliance by the recipients of the services with applicable Union or national rules. This information should include the relevant e-mail addresses, telephone numbers, IP addresses and other contact details necessary to ensure such compliance. Therefore, orders about information on a group of recipients of the service who are not specifically identified, including orders to provide aggregate information required for statistical purposes or evidence-based policy-making, should remain unaffected by the rules of this Regulation on the provision of information.
Amendment 347 #
2020/0361(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to achieve the objectives of this Regulation, and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment, it is necessary to establish a clear, effective and balanced set of harmonised due diligence obligations for providers of intermediary services. Those obligations should aim in particular to guarantee different public policy objectives such as the safety and trust of the recipients of the service, including minors and vulnerable users, protect the relevant fundamental rights enshrined in the Charter, to ensure meaningful accountability of those providers and to empower recipients and other affected parties, whilst facilitating the necessary oversight by competent authorities.
Amendment 381 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide, based on its own assessment, whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. It may also be possible for online platforms to prevent a content that has already been identified as illegal and that has been removed on the basis of a prior notice, from reappearing. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
Amendment 391 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that provider should prevent future uploads of already notified illegal content resulting from a valid notice and action procedure and should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 409 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent, effective and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interesthave significant legitimate interest and a proven record in flagging illegal content with a high rate of accuracy and that they have demonstrated their competence in detecting, identifying and notifying illegal content or represent collective interests or general interest to prevent infringements of Union law or provide redress and that they work in a diligent and objective manner. Such entities can also be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non- governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, organisations of industry andindividual right-holders, their representatives, duly mandated third parties organisations of industry and other independent entities that have a specific expertise and act in the best interests of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The same should be granted to applicants within the meaning of Regulation (EU) No 608/2013 or in case of complaints pursuant to Regulation (EU) 2019/1020 so as to ensure that existing rules regarding custom enforcement or consumer protection are effectively implemented to online sale. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
Amendment 424 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestlyor disseminating illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 434 #
2020/0361(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers and other users, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling he selling and dissemination of products orand services in violation of the applicable rules, online platforms allowing consum all providers of intermediary services, including hosting providers, domain name registrars, providers tof conclude distance contracts with tratent delivery networks, proxy and reverse proxy providers, online marketplaces, online payment service providers and online advertising service providers should ensure that such tradtheir business customers are traceable. The tradbusiness customer should therefore be required to provide certain essential information to the online platform or provider of intermediary services, including for purposes of promoting messages on or offering products. That requirement should also be applicable to tradbusiness customers that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platformProviders of intermediary services should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary, so that it can be accessed and verified, in accordance with the applicable law, including on the protection of personal data, by the providers of intermediary services, public authorities and private parties with a legitimate interest, including through the orders to provide information referred to in this Regulation.
Amendment 444 #
2020/0361(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covproviders of intermediary services should make reasonable efforts to verify the reliability of the information provided by the traders concernedir business customers, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concernedir business customers to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platforms covproviders of intermediary services should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platformproviders of intermediary services, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability and accuracy of the information towards consumer or other interested parties. Such online platforms shoulproviders of intermediary services should update the information they hold on a risk-sensitive basis, and at least once a year and also design and organise their online interface in a way that enables tradheir business customers to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 546 #
2020/0361(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) In order to ensure effective enforcement of this Regulation, individuals or representative organisations as well as parties having a legitimate interest and meeting relevant criteria of expertise and independence from any online hosting services provider or platform should be able to lodge any complaint related to compliance with this Regulation with the Digital Services Coordinator in the territory where they received the service, without prejudice to this Regulation’s rules on jurisdiction. Complaints should provide a faithful overview of concerns related to a particular intermediary service provider’s compliance and could also inform the Digital Services Coordinator of any more cross-cutting issues. The Digital Services Coordinator should involve other national competent authorities as well as the Digital Services Coordinator of another Member State, and in particular the one of the Member State where the provider of intermediary services concerned is established, if the issue requires cross- border cooperation.
Amendment 652 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘consumer’ means any natural person who is acting for purposes which are outside his or her trade, business, craft or profession;
Amendment 660 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
Article 2 – paragraph 1 – point d – indent 1
— a significant number of users in one or more Member States compared to their total population; or
Amendment 670 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) ‘business customer’ means: - legal entities, except any entity which qualifies as a large undertaking as defined in Article 3(4) of Directive 2013/34 of the European Parliament and the Council; - any natural person that purchases a type or amount of service indicative of, or otherwise indicates, the intent to operate a business online or contracts for the purchase of more than €10,000 of services provided by the intermediary service provider in a one-year period;
Amendment 675 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3
Article 2 – paragraph 1 – point f – indent 3
— a ‘hosting’ service that consists of the storage of information provided by, and at the request of, a recipient of the service and which does not have any active role in data processing;
Amendment 678 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3 a (new)
Article 2 – paragraph 1 – point f – indent 3 a (new)
- an online platform as defined in point (h) of this Regulation;
Amendment 688 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself or by its reference to an activity, including the sale of products or provision of servicesillegal content, products, services or activity, is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
Amendment 699 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, stores and disseminates to the public information and optimises its content, unless that activity is a minor and purely ancillary feature of anotherthe main service and, for objective and technical reasons cannot be used without that othermain service, and the integration of the feature into the other service is not a means to circumvent the applicability of this Regulation.;
Amendment 707 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘online marketplace’ means an online platform allowing consumers to conclude distance contracts with traders;
Amendment 708 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h b (new)
Article 2 – paragraph 1 – point h b (new)
(hb) ‘live streaming platform service’ means an information society service the main or one of the main purposes of which is to give the public access to audio or video material that is broadcasted live by its users, which it organises and promotes for profit-making purposes;
Amendment 711 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘dissemination to the public’ means making information available, at the request of the recipient of the service who provided the information, to a significant and potentially unlimited number of third parties;
Amendment 723 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘content moderation’ means the activities undertaken by providers of intermediary services, regardless of whether they are automated or processed by a person, which are aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility and accessibility of that illegal content or that information, such as demotion, disabling of access to, or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;
Amendment 758 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awareness, acts expeditiously toand permanently removes or to disables access to the illegal content; expeditiously means immediately or as fast as possible and in any event no later than within 30 minutes where the illegal content pertains to the broadcast of a live sports or entertainment event.
Amendment 775 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Paragraph 1 shall not apply when the provider of intermediary services engages in illegal activities.
Amendment 784 #
2020/0361(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including those set outwhen they engage in or facilitate illegal activities or when they do not comply with the due diligence obligations laid down in this Regulation.
Amendment 791 #
2020/0361(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Paragraph 1 shall apply only when intermediary services are compliant with due diligence obligations laid down in this Regulation.
Amendment 834 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact, appointed by the provider, in accordance with Article 10; upon a decision by a Member State an order may be drafted in the official language of the Member State whose authority issued the order against the specific item of illegal content; in such case, the point of contact shall be entitled, upon request, to a transcription by that authority into the language declared by the provider.
Amendment 859 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order. Where no effect has been given to the order, a statement shall explain the reasons why the information cannot be provided to the national judicial or administrative authority that issued the order.
Amendment 873 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 1
Article 9 – paragraph 2 – point a – indent 1
— a statement of reasons explaining the objective foraccording to which the information is required and why the requirement to provide the information is necessary and proportionate to determine compliance by the recipients of the intermediary services with applicable Union or national rules, unless such a statement cannot be provided for official reasons related to the prevention, investigation, detection and prosecution of criminal offences;
Amendment 877 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact appointed by that provider, in accordance with Article 10;. Upon a decision by a Member State, the order may be drafted in the official language of the Member State whose authority issued the order against the specific item of illegal content, In such case, the point of contact shall be entitled, upon request, to a transcription by that authority into the language declared by the provider.
Amendment 898 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Providers of intermediary services shall establish a single point of contact allowing for direct communication, by electronic means, with Member States’ authorities, the Commissiwhich do not have an establishment in the Union but which offer services in the Union shall designate, for those already existing as soon as possible, for those to be established prior to the establishment, in writing, a legal or natural person ands the Board referred to in Article 47 for the application of this Regulationir legal representative in one of the Member States where the provider offers its services.
Amendment 915 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Providers of intermediary services shall mandate their legal representatives to be addressed in addition to or instead of the provider by the Member States’ authorities, the Commission and the Board on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation. Providers of intermediary services shall provide their legal representative with the necessary powers and resource tos in order to guarantee their proper and timely cooperateion with the Member States’ authorities, the Commission and the Board and complyiance with those decisions.
Amendment 919 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. Providers of intermediary services that qualify as micro or small enterprises as defined in Recommendation 2003/361/EC, and who have been unsuccessful in obtaining the services of a legal representative after reasonable effort, shall be able to request that the Digital Service Coordinator of the Member State where the enterprise intends to obtain a legal representative facilitates further cooperation and recommends possible solutions, including possibilities for collective representation.
Amendment 927 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of informaensure that their terms and conditions provided byhibit the recipients of their service, in their terms and conditions. Thats from providing information sthall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible formatt is not in compliance with Union law or the law of the Member State where such information is made available.
Amendment 945 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall act inensure that any a ddiligent, objective and proportionate manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the servicetional restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service are designed with due regard to the fundamental rights as enshrined in the Charter.
Amendment 946 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 a (new)
Article 12 – paragraph 2 – subparagraph 1 a (new)
Providers of intermediary services shall enforce the additional restrictions referred to in the first subparagraph in a diligent, objective and proportionate manner, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter.
Amendment 965 #
2020/0361(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 1012 #
2020/0361(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 1050 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic location of that information, in particular the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal conten enabling the identification of the illegal content if the application of the service that is used by the recipient allows it;
Amendment 1083 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. Providers of hosting service shall, without undue delay and within seven days of the receipt of the notification at the latest, inform consumers who have purchased illegal products between the moment they have been uploaded on the provider’s website and the moment the listing has been taken down by the platform following a valid notice.
Amendment 1095 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or, disable access to or otherwise restrict the visibility of specific items of information provided by the recipients of the service, or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or removing or, disabling access to or reducing the visibility of that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of the removal or disabling of access or the restriction of visibility or the suspension or termination of monetization, of the decision and provide a clear and specific statement of reasons for that decision.
Amendment 1100 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. When the removing or disabling access to specific items of information is followed by the transmission of those specific items of information in accordance with Article 15a, the provision of information to the recipient in accordance with paragraph 1 shall be postponed for a period of six weeks in order not to interfere with potential ongoing criminal investigations. That period of six weeks may be renewed only after a motivated decision of the competent authority to which the specific items of information had been transmitted. The statement of reasons referred to in paragraph 1 shall at least contain the following information:
Amendment 1103 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the restriction of the visibility of, or the demonetisation of the information and, where relevant, the territorial scope of the disabling of access or of the restriction of visibility;
Amendment 1126 #
2020/0361(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 1133 #
2020/0361(COD)
Proposal for a regulation
Article 15 b (new)
Article 15 b (new)
Article 15b Notification of suspicions of serious criminal offences 1. Where a provider of hosting services becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available. 2. Where provider of hosting services cannot identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it is established or has its legal representative or shall inform Europol. For the purpose of this Article, the Member State concerned shall be the Member State where the serious criminal offence is suspected to have taken place, to be taking place or to likely take place, or the Member State where the suspected offender resides or is located, or the Member State where the victim of the suspected serious criminal offence resides or is located. For the purpose of this Article, each Member State shall notify to the Commission the list of its competent law enforcement or judicial authorities.
Amendment 1146 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service, as well as individuals or entities that have submitted a notice, for a period of at least six months following the decision referred to in this paragraph, the access to an effective internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the decision taken by the online platform not to act after having received a notice, and against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:
Amendment 1156 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove or, disable access to or restrict the visibility of the information;
Amendment 1168 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to restrict the ability to monetise content provided by the recipients.
Amendment 1179 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 a (new)
Article 17 – paragraph 2 – subparagraph 1 a (new)
When the decision to remove or disable access to the information is followed by the transmission of this information in accordance with Article 15a, the period of at least six months referred to in paragraph 1 of this Article begins on the day on which the information was given to the recipient in accordance with Article 15.
Amendment 1181 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Online platforms shall handle complaints submitted through their internal complaint-handling system in a timely, diligent and objective manner and without undue delay and at the latest within seven days of the notification. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1 without undue delay.
Amendment 1259 #
Amendment 1323 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platforms shall, after having issued a prior warning, suspend, for a reasonable period of time and after having issued a prior warning,, or terminate the provision of their services to recipients of the service that frequentpeatedly provide manifestly illegal content.
Amendment 1332 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Online platforms shall, after having issued a prior warning, suspend, for a reasonable period of time and after having issued a prior warning,, or terminate the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
Amendment 1367 #
Amendment 1638 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) identification and assessment of the most prominent and recurrent systemic risks reported by very large online platforms or identified through other information sources, in particular those provided in compliance with Article 31 and 33;
Amendment 1735 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. Very large online platforms that display advertising on their online interfaces shall conduct at their own expense, upon the request of advertisers, independent audits performed by organisations complying with the criteria set out in Article 28(2), on a reasonable frequency, under fair and proportionate conditions agreed upon between platforms and advertisers to: (a) conduct quantitative and qualitative assessment of cases where advertising is associated with illegal content or with content incompatible with their terms and conditions; (b) detect fraudulent use of their services to fund illegal activities; (c) assess the performance of their tools in terms of brand safety. The report shall include an audit opinion of the performance of the tools of a very large online platform in terms of brand safety, either positive, positive with comments or negative. Where the audit opinion is not positive, operational recommendations for specific measures to achieve compliance shall be provided. Very large online platforms shall make the result of that audit available to advertisers upon their request.
Amendment 1904 #
2020/0361(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. If the Commission considers that a crisis protocol fails to effectively address the crisis situation, or to safeguard the exercise of fundamental rights as referred to in point (e) of paragraph 4, it mayshall request the participants to remove and, where necessary, revise the crisis protocol, including by taking additional measures.
Amendment 1907 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1
Article 38 – paragraph 2 – subparagraph 1
2. Member States shall designate one of the competent authorities as their Digital Services Coordinator. The Digital Services Coordinator shall be responsible for all matters relating to application and enforcement of this Regulation in that Member State, unless the Member State concerned has assigned certain specific tasks or sectors to other competent authorities. Those competent authorities shall have the same powers to carry out the tasks or supervise the sectors assigned to them as those attributed to the Digital Services Coordinator for the application and enforcement of this Regulation. The Digital Services Coordinator shall in any event be responsible for ensuring coordination at national level in respect of those matters and for contributing to the effective and consistent application and enforcement of this Regulation throughout the Union.
Amendment 1927 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. The Member State in which the main establishment of the provider of intermediary services is located shall have jurisdiction for the purposes of Chapters III and IV of this Regulation, Sections 1 to 4, as well as Chapter IV.
Amendment 1930 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
1a. The Member State where the consumers have their habitual residence shall have jurisdiction for the purposes of Chapter III, Section 3.
Amendment 1931 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 1 b (new)
Article 40 – paragraph 1 b (new)
1b. The Member State where the authority issuing the order is situated shall have jurisdiction for the purposes of Articles 8 and 9.
Amendment 1964 #
2020/0361(COD)
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Article 42a In accordance with the conditional exemption from liability laid down in Article 1(1)(a), Member States shall ensure that the penalty for repeatedly failing to comply with the obligations under this Regulation includes the horizontal loss of the liability exemption for the intermediary service provider.
Amendment 1968 #
2020/0361(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Recipients of the service, as well as other parties having a legitimate interest and meeting relevant criteria of expertise and independence from any online hosting services provider or platform shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient resides or is established. The Digital Services Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital Services Coordinator of establishment. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority.
Amendment 2066 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. The Board may invite experts and observers to attend its meetings, and mayshall cooperate with other Union bodies, offices, agencies and advisory groups, as well as external experts as appropriate. The Board shall make the results of this cooperation publicly available.
Amendment 121 #
2020/0035(COD)
Proposal for a decision
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) enhance the contribution of rail to Union economy, industry and society, covering in particular aspects related to daily mobility, local and regional development, industrial competitiveness, sustainable tourism, innovation, employment, education, youth and culture, and improving accessibility for persons with disabilities;
Amendment 180 #
2020/0035(COD)
Proposal for a decision
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
The Commission shall convene regular meetings of stakeholders and representatives of organisations or bodies active in the field of rail transport, including. It shall ensure that this participation is as balanced as possible, including rail transport incumbents as well as new entrants. It shall also include existing transnational networks and relevant NGOs, as well as of youth organisations and communities, and organisations representing people with disabilities and reduced mobility to assist it in implementing the European Year at Union level.
Amendment 187 #
2020/0035(COD)
Proposal for a decision
Article 7 – paragraph 1
Article 7 – paragraph 1
By 31 December 2022, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation, results and overall assessment of the initiatives provided for in this Decision. That assessment shall take into account any temporary difficulties resulting from the Covid-19 crisis.
Amendment 2 #
2019/2208(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November on the use of the Schengen Information System for the return of illegally staying third country nationals (‘SIS return’),
Amendment 3 #
2019/2208(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
- having regard to regulation (EU) 2020/851 of the European Parliament and of the Council of 18 June 2020 amending Regulation (EC)No 862/2007,
Amendment 4 #
2019/2208(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- - Having regard to the Commission proposal on the Regulation of the European Parliament and of the Council on the recast of Eurodac (COM(2016) 272 final),
Amendment 5 #
2019/2208(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
- - Having Regard to the Conclusions of the European Council of October 2016 and June 2018,
Amendment 6 #
2019/2208(INI)
Motion for a resolution
Citation 18
Citation 18
Amendment 8 #
2019/2208(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to the Frontex evaluation report 15 of June 2020 on return operations 2nd semester 2019,
Amendment 10 #
2019/2208(INI)
Motion for a resolution
Citation 21 b (new)
Citation 21 b (new)
- having regard to the Europol European Migrant Smuggling 4th Annual Report, 2019, of 15 of May 2020,
Amendment 12 #
2019/2208(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to the reports on the application of the Schengen acquis in the field of return produced in accordance with Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen,
Amendment 21 #
2019/2208(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the twofold objective of the directive is effective return in line with fundamental rights and the principle of proportionality; whereas in its recommendation on making returns more effective, the Commission focuses on the rate of returns as the primary indicator of the directive’s effectivenessnamely, to establish common rules concerning return, removal, use of coercive measures, detention and entry bans in line with fundamental rights and the principle of proportionality;
Amendment 29 #
2019/2208(INI)
Motion for a resolution
Recital D
Recital D
D. whereas disaggregated and comparable data relating to the implementation of the directive is often not collected or publicly available; publicly available, namely through Eurostat; whereas more and better information will be available with the implementation of regulation 2018/1860 on the use of the Schengen Information System for the return of illegally staying third-country nationals (‘SIS return’) and with Regulation (EU) 2020/851 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection;
Amendment 33 #
2019/2208(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas between 2014 and 2018 five million people were found illegally present in the Union; whereas during the same period less than half were issued a return decision and less than 800.000 left the territory;
Amendment 36 #
2019/2208(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas between 2014 and 2018 over four million peoples requested asylum in Europe and less than half were granted asylum;
Amendment 37 #
2019/2208(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas Member States do not systematically share information on return decisions or entry bans issued, making impossible in practice the mutual recognition of return decisions issued by Member States and their enforcement Union-wide;
Amendment 38 #
2019/2208(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. Whereas in order to increase the efficiency of readmissions, and in order to ensure the coherence of returns at a European level, it will be necessary to adopt new EU agreements which should take preference over bilateral agreements between Member States and third countries;
Amendment 40 #
2019/2208(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. DeplorNotes the lack of a recentn implementation assessment and calls on the Commission to carry out such an assessmentfrom the European Commission, which hwas been overdue since 2017, as a matter of urgency;
Amendment 43 #
2019/2208(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates the importance of an evidence-based approach to guide coherent policy-making and well-informed public discourse and calls on the Commission to urge and support Member States to collect and publish qualitative and quantitative data on the implementation of the directive; data on the implementation of the directive, making use in particular of the new instruments available, such as SIS return and Regulation (EU) 2020/851 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection;
Amendment 52 #
2019/2208(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the Commission’s statement that the return rate decreased from 46 % in 2016 to 37 % in 2017 may not present the full picture, as people who received a return decision were not necessarily returned within the same year, sgiven the inherent margin of freedome Member States issue more than one return decision to one person, or to people whose whereabouts are unknown, and return decisions are not withdrawn if the return does not take place owing to difficulties in cooperation with third countries or for humanitarian reasonshave in the implementation of the rules provided for by the Return Directive;
Amendment 58 #
2019/2208(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is concerned that since 2015, despite the increase of illegal entries, neither the issuance of return decisions nor its execution have increased, on the contrary the number of enforced return decisions has been decreasing since 2016;
Amendment 63 #
2019/2208(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the importance of improving the effective implementation of the directive; highlights that such effectiveness should not only be meas and the effectiveness of return procedureds in quantitative terms by referring to the return rate, but also in qualitative terms, such as the sustainability of returns and fundamental rightsthe Member States; highlights that such effectiveness be measured;
Amendment 77 #
2019/2208(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance of ensuring migrants' compliance with return decisions and recalls the key principle enshrined in the directive that voluntary returns should be prioritised over forced returns, where there are no reasons to believe that this would undermine the purpose of a return procedure;
Amendment 88 #
2019/2208(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the importance of fair, swift and effective procedures for the return of third-country nationals not entitled to protection, which respects the fundamental rights of the persons concerned. Special attention needs to be paid in particular to the return of rejected asylum seekers, who represent a significant share of the irregular migrants in the EU, where significant procedural gaps between asylum and return procedures exist in the EU;
Amendment 94 #
2019/2208(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls the need to eliminate loopholes between asylum and return procedures, notably the possibilities to unduly suspend return procedures by lodging subsequent asylum applications for the sole purpose of hampering returns; calls on Member States to put in place the necessary procedures for that effect, in compliance with the Asylum Procedure Directive and the Return Directive;
Amendment 98 #
2019/2208(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that under Article 7 of the directive, a return decision shall provide for an appropriate period for voluntary departure, which Member States have to extend, where necessary, shall extend, taking into account the specific circumstances of the individual case; stressnotes that a relatively short period for voluntary departure may hinder or altogether prevent voluntary departureMember States’ national programmes to assist the voluntary departure are sometimes insufficient in scope and means;
Amendment 109 #
2019/2208(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 123 #
2019/2208(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that the directive requires return and entry-ban decisions and decisions on removal shouldto be individualised, clearly justified with reasons in law and in fact, issued in writing, and complete with information about available remedies;
Amendment 137 #
2019/2208(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that the directive allows for the temporary suspension of the enforcement of a removal, pending a review of a decision relating to return; underlines the importance ofneed of ensuring such suspensive effect in cases where there is a risk of refoulement; notes that in most countries, appeal against return is not automatically suspensive, which may diminish protection and increase administrative burdens;
Amendment 150 #
2019/2208(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with regret the limited use of Article 6(4) of the directive; is concerned about the failure of Member States to issue a temporary residence permit where return has proven not to be possible; uUnderlines the fact that granting residence permits to individuals who cannot return to their country of origin could help to prevent protracted irregular stays and, as permitted by article 6(4) of the directive, may facilitate individuals’ social inclusion and contribution to society; at the same time, coordination within the Union is necessary in order to avoid pull factors and unauthorised secondary movements;
Amendment 157 #
2019/2208(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 170 #
2019/2208(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that although the threat of imposition of an entry ban may serve as an incentive to leave a country within the time period of voluntary departure, once imposed, entry bans actually reduce the incentive to comply with a return decision and may increase the risk of abscondingthe directive has rules allowing for entry bans to be lifted and calls on Member States to make use of these when necessary;
Amendment 181 #
2019/2208(INI)
13. Stresses that entry bans may have particularly disproportionate consequences for families and children; welcomes the option introduced by some Member States to exempt children from the imposition of an entry ban, but stresses that children’s interests should also be a primary consideration when deciding on the entry ban of their parents;
Amendment 197 #
2019/2208(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is concerned that the legislation of several Member States includes extensive listvarying definitions of ‘objective criteria’ for definingthe assessment of the risk of absconding, which are often applied in a more or less automatic way, while individual circumstances are of marginal considerat in national legislation of Member States may result in inconsistent application of detention across the Union;
Amendment 211 #
2019/2208(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the directive establishes thatunder which circumstances returnees may lawfully be detained where other; notes also that detention is only possible if other sufficient but less coercive measures cannot be applied; expresses regret that despite the obligation to apply detention as a measure of last resort, in practice, very few viable alternatives to detention are developed and applied by Member States; calls on Member States, as a matter of urgency, to offer viable community-based alternatives to detentionffectively in a specific case; expresses regret that very few viable alternatives to detention are developed and applied by Member States;
Amendment 222 #
2019/2208(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that a significant number of children are still detained in the European Union as part of return procedures, which constitutes a direct violation of the UN Convention on the Rights of the Child, asUnderlines that there is a need for appropriate and effective alternatives to the detention of minors in return procedures; recalls that the UN Committee on the Rights of the Child has clarifiedconsiders that children should never be detained for immigration purposes, and detention can never be justified as in a child’s best interests;
Amendment 234 #
2019/2208(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to ensure that Member States and Frontex have monitoring bodies in place that are supported by a proper mandate, capacity and competence, a high level of independence and expertise, and transparent procedures; urges the Commission to ensure the establishment of a post-return monitoring mechanism to understand the fate of returned persons, with particular attention for unaccompanied minors;
Amendment 236 #
2019/2208(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes with concern that Member States face challenges to regularly ensure the full occupancy of all seats available for returnees in return operations by charter flights coordinated by Frontex, mainly due notably to last minute asylum requests or absconding of returnees;
Amendment 239 #
2019/2208(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Notes with concern that in some cases the option to have joint return Frontex operations is excluded by bilateral agreements between organizing or participating Member States and non- EU countries of destination;
Amendment 3 #
2019/2132(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need to continuously improve the mechanisms designed to ensure that rule-making is in full compliance with the Treaties, notably the principles of conferral, subsidiarity and proportionality, as set out in Article 5 of the Treaty on European Union (TEU), and with the principle of sincere cooperation as set out in Article 13 of the Treaty on the European Union (TEU);
Amendment 7 #
2019/2132(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that the norms of the European Union need to be formulated in a clear, understandable way, respecting the principle of legal clarity, transparency and the principle of legal certainty, stresses that European Union law needs to clearly define the rights and obligations that the addressees of the norms, especially the European Union institutions and the Member States need to follow;
Amendment 13 #
2019/2132(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the crucial role of national parliaments in the pre-legislative scrutiny of draft EU laws and in their correct implementation by the Member States; notes that the existing forms of cooperation with national parliaments - like inter-parliamentary delegations, or procedures involving national parliaments in information-exchange regarding law- making and application - could be improved, calls for discussing possibilities for enhancing cooperation in the field of the application of the principles of subsidiarity and in defining the role of the principle of proportionality during decision-making and the application of norms during the Conference on the Future of Europe;
Amendment 17 #
2019/2132(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes the importance of avoiding unnecessary complexity and reducing administrative burdens for citizens and businesses alike, calls for the need to provide all necessary help to avoid over- regulation when transposing and applying European Union law;
Amendment 18 #
2019/2132(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Recognizes that after the number of infringement procedures decreased between 2016-2018 the number of procedures increased again from 2018 to 2019, emphasizes the importance of proper dialogues between the European Commission and Member States at the pre-litigation stage; underlines that Member States need to be able to properly transpose European Union law into their own legal system, calls for appropriate timing in legislative procedures to provide sufficient time needed for transposition;
Amendment 19 #
2019/2132(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Stresses that the proper application of European Union law and the fulfilment of the obligations arising therefrom are the joint responsibility of the Member States and the institutions and bodies of the European Union, with regard to obligations stemming from the Treaties and the Charter of Fundamental Rights of the European Union;
Amendment 21 #
2019/2132(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for improvements to the EU law-making process, which relies on transparency and accountability in legislative drafting, together with civil society participation, where appropriate; echoes that the effectiveness of the EU’s legal acts –which hinges on the correctness and timeliness of their implementation – forms the cornerstone of legal certainty and better application;
Amendment 23 #
2019/2132(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that proper transposition and implementation of EUuropean Union law, on the basis of Article 197 of the Treaty on the Functioning of the European Union (TFEU), is of the utmost importance; calls for appropriate ex post impact assessment of EU law, including sustainability impact assessments; and for appropriate ex ante assessment beforehand during legislative procedures, in line with the pledge of the European Parliament and the Council to carry out impact assessments in relation to their substantial amendments to the Commission's proposal when they consider this to be appropriate and necessary for the legislative process;
Amendment 32 #
2019/2132(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission to enhance public debate on its annual report on the monitoring of the application of EU law and to further support Member States in transposing and implementing EU legislation through institutional and administrative capacity-building initiatives; suggests to examine the role of non legally binding guidance documents that aim to assist the Member States in the implementation process;
Amendment 41 #
2019/2132(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls the need to fully safeguard the role of the Court of Justice of the European Union (CJEU) to ensure the uniform interpretation and application of EU law in the context of Brexit andimplementation of the Withdrawal Agreement and with regards to the future relationship with the UK.
Amendment 16 #
2018/2271(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requestsjects that the Commission to submit, by 31 March 2019, on the basis of point (a) of Article 77(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on establishing a European Humanitarian Visa, following the recommendations set out in the Annex hereto;.
Amendment 37 #
2018/2103(INI)
Motion for a resolution
Recital B
Recital B
B. whereas women and girls in the EU may experience structural gender inequality in a variety of forms and in a range of settings – including gender discrimination, gender- based violence and misogynistic hate speech – which may severely limits their ability to enjoy their rights and to participate on an equal footing in society; whereas in 2017, the #MeToo movement raised awareness of the scale and intensity of the sexual harassment and sexual and gender- based violence women face;
Amendment 95 #
2018/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls in this regard on EU Member States to consider six maina number of areas of intervention to step up their commitment to safeguarding the dignity and rights of women and girls, as suggested in the FRA report: empowering equality bodies to deal with the entire range of issues that impacts on women’s rights, from gender equality to violence against women; improving safety online; promoting gender equality in education and life-long learning more effectively; introducing gender quotas as a bold step towards positive action; mainstreaming gender equality in the coordination of economic policies across the EU through the European Semester;and improving data collection and dissemination of knowledge on all forms of discrimination and violence against women and girls;
Amendment 164 #
2018/2103(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its concern that few specific legal provisions to ensure the protection of media actors from violence, threats and pressures can be identified at national level in EU Member States; expresses its concern over the precarious working conditions for journalists and the amount of psychological violence they witness, which compromises their ability to work appropriately and thus hampers media freedomdeplores the deterioration of working conditions for journalists, which can undermine quality journalism and the expression of journalistic diversity;
Amendment 208 #
2018/2103(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that EU Member States should address adequately discriminatory or violent reactions against the schooling of migrant and refugee children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address respect for diversity, intercultural understanding and human rights, including children’s rights, in regular school curricula;
Amendment 232 #
2018/2103(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to continue their efforts to ensure the effective practical enforcement of the Race Equality Directive (2000/43/EC)4 and to ensure effective enforcement of the Framework Decision on Racism and Xenophobia to tackle persisting discrimination against Roma, anti- Semitism, Islamophobia, Afrophobia and anti-Gypsyism, as well as more recent phenomena such as anti-white racism and violence against Christians; points out that the Member States should review their national integration strategies to ensure that all people regardless of race, ethnicity, religion gender or any other status are empowered to engage actively in the process of inclusion by promoting their social, economic, political and cultural participation in society; __________________ 4 OJ C 180, 19.7.2000, p. 22. OJ C 180, 19.7.2000, p. 22.
Amendment 296 #
2018/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that the Commission, as guardian of the Treaties under Article 17 of the TEU, has the legitimacy and authority to ensure that all Member States are upholding the principles of the rule of law and the other values referred to in Article 2 of the TEU; insists that Article 7 of the TEU should be employed if all other remedies have failed;
Amendment 315 #
2018/2103(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Points out that improving the quality, independence and efficiency of national justice systems, in particular judges, prosecutors and lawyers, remains a key priority of the European Union; stresses that there is an urgent need to introduce a gender-sensitive perspective into the Member States’ legal and judicial systems, including the development and institutionalisation of the gender component into training programmes for all judiciary staff;
Amendment 340 #
2018/2103(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Expresses concern about persistent fundamental rights challenges in the area of migration, with regard to access to territory, reception conditions, asylum procedures, immigration detention and protection of unaccompanied children;
Amendment 352 #
2018/2103(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on Member States to introduce specific safeguards to guarantee that the interoperability of large-scale IT systems does not lead to adverse effects on the rights of children or vulnerable persons, such as applicants for and beneficiaries of international protection, or to discriminatory profiling; calls on Member States to ensure that the implementation of interoperability aims at fulfilling a child protection objective, such as identifying missing children and assisting family reunification;
Amendment 374 #
2018/2103(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that Member States should consider putting into place a combination of protection-related schemes, such as resettlement and humanitarian admission, and regular mobility schemes to promote legal pathways to the EU for persons in need of protection; recalls that any action undertaken by a Member State, when acting within the scope of EU law, must respect the rights and principles of the EU Charter of Fundamental Rights; calls on EU Member States to effectively ensure the right to asylum and to accept relocation of refugees from Member States most affected by high numbers of arrivalfor refugees and to reach an effective solution with a view to limiting irregular external border crossings and secondary flows; also calls on Member States to respect the principle of non-refoulement for migrants requesting asylum for the first time and introduce adequate procedural safeguards to their asylum and border procedures, including safeguards against collective expulsion;
Amendment 386 #
2018/2103(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recognises the work carried out by different NGOs operating in the Mediterranean in their effort to save lives and provide humanitarian assistance to those in need; calls on Member States to transpose the humanitarian assistance exemption provided for in the Facilitation Directive with the objective of reducing the unintended consequences the Facilitators’ Package has for citizens providing humanitarian assistance to migrants and on the social cohesion of the receiving societcalls on Member States to apply, on a case-by-case basis, the humanitarian assistance exemption provided for in the 2002 Directive governing the entry, transit and residence of irregular migrants and in accordance with their national legislation; encourages Member States to step up their cooperation with regard to combating smugglers and traffickers in their territory;
Amendment 395 #
2018/2103(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 91 #
2018/0207(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to bring the European Union closer to its citizens, a variety of actions and coordinated efforts are necessary. Bringing together citizens in town-twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens’ engagement in society and ultimately their involvement in the democratic life of the Union. At the same time supporting activities promoting mutual understanding, diversity, dialogue and respect for others fosters a sense of belonging and a European identity, based on a shared understanding of European values, culture, history and heritage. The promotion of a greater sense of belonging to the Union and of Union values is particularly important amongst citizens ofresident in the EU outermost regions and overseas countries and territories /OCTs) due to their remoteness and distance from continental Europe.
Amendment 126 #
2018/0207(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Pursuant to [reference to be updated as appropriate according to a new decision on OCTs: Article 94 of Council Decision 2013/755/EU25], persons and entities established in overseas countries and territories (OCTs) are eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked. The constraints arising from the remoteness of OCTs must be taken into account when implementing the Programme, and their effective participation therein must be monitored and regularly evaluated. __________________ 25 Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision) (OJ L 344, 19.12.2013, p. 1).
Amendment 149 #
2018/0207(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) increasing citizens’ understanding of the Union, its history, cultural heritage and diversity among citizens, including those resident in the outermost regions and OCTs;
Amendment 179 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point c
Annex I – paragraph 1 – point c
(c) analytical and monitoring activities31 to improve the understanding of the situation in the Member States and OCTs and at EU level in the areas covered by the Programme as well as to improve the implementation of EU law and policies; __________________ 31 These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.
Amendment 180 #
2018/0207(COD)
Proposal for a regulation
Annex I – paragraph 1 – point f
Annex I – paragraph 1 – point f
(f) strengthening citizens’ awareness of European culture, history and remembrance as well as theira sense of belonging to the Union among citizens, including those resident in the outermost regions and OCTs;
Amendment 93 #
2018/0106(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Retaliation expresses the close (cause and effect) relationship that must exist between the report and the adverse treatment suffered, directly or indirectly, by the reporting person, so that this person can enjoy legal protection. Effective protection of reporting persons as a means of enhancing the enforcement of Union law requires a broad definition of retaliation, encompassing any act or omission occurring in the work-related context which causes them detriment. Reporting persons should generally respect the hierarchy of reporting channels. Such a requirement is necessary to ensure that information reaches those who can contribute to a quick and efficient resolution of risks to the public interest, as well as to prevent any unjustified harm to reputation, resulting from public disclosure.
Amendment 160 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law which cause threats or serious harm to the following public interest:
Amendment 181 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Directive shall not infringe military secrecy, medical secrecy and lawyer-client privilege.
Amendment 183 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to reporting persons workingacting in good faith in the private or public sector who acquired information on breaches in a work-related context including, at least, the following:
Amendment 204 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means actual or potential unlawful activitiesunlawful activities which are actual or very likely to occur, or abuse of law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annex;
Amendment 213 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘report’ means the provision in good faith of information relating to a breach which has occurred or is likely to occur in the organisation at which the reporting person works or has worked or in another organisation with which he or she is or was in contact through his or her work;
Amendment 219 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘reporting person’ means a natural or legal person who reports or discloses in good faith information on breaches acquired in the context of his or her work- related activities;
Amendment 244 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
d) a reasonable timeframe, not exceeding three months following the report, to provide feedback to the reporting person about the follow-up to the report. This timeframe could if necessary be extended to six months due to the particular circumstances of the case, notably the nature and complexity of the reporting, which could require a lengthy investigation;
Amendment 269 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
b) they are designed, set up and operated in a manner that ensures the completeness, integrity and confidentiality of the information, including the identity of both the reporting person and the concerned person and prevents access to non-authorised staff members of the competent authority;
Amendment 283 #
2018/0106(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
c) the confidentiality regime applicable to reports, including a detailed description of the circumstances under which the confidential data of a reporting person and a concerned person may be disclosed.
Amendment 299 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Where a recorded telephone line is used for reporting, subject to the consent of the reporting person, the competent authority shall have the right to document the oral reporting in one of the following ways:
Amendment 302 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Where an unrecorded telephone line is used for reporting, the competent authority shall have the right to document the oral reporting in the form of accurate minutes of the conversation prepared by the dedicated staff members. The competent authority shall offer the possibility to the reporting person to check, rectify and agree with the minutes of the call by signing them.
Amendment 308 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A reporting person shall qualify for protection under this Directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting, he or she has acted in good faith and that this information falls within the scope of this Directive.
Amendment 328 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
a) he or she first reported internally and/or externally in accordance with Chapters II and III and paragraph 2 of this Article, but no appropriate action was taken in response to the report within the timeframe referred to in Articles 6(2)(b) and 9(1)(b), and when there is a clear harm to the public interest; or
Amendment 335 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
b a) Any failure to follow the adequate reporting procedures constitutes grounds for the invalidation of the reporting and for the denial of the qualification for protection
Amendment 366 #
2018/0106(COD)
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3 a. The protection of the personal data of the concerned person is essential to avoid any unfair treatment or reputational harm following the public disclosure of personal data, in particular those revealing the identity of a concerned person. Consequently, the competent authorities should, in accordance with the requirements of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, establish adequate procedures of data protection, in order to protect the reporting person, the concerned person as well as any other person targeted in the reporting. The authorities shall ensure a secured system among the competent authorities to allow the access to authorised persons only.
Amendment 367 #
2018/0106(COD)
Proposal for a directive
Article 16 – paragraph 3 b (new)
Article 16 – paragraph 3 b (new)
3 b. Any person affected by the reporting or the misleading or malicious disclosure should benefit from a legal protection, including the right to an effective remedy against an abusive reporting.
Amendment 374 #
2018/0106(COD)
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
d) breach the duty of maintaining the confidentiality of the identity of reporting persons and concerned persons.
Amendment 57 #
2018/0061(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) A short-term residence permit such as a visa is not an appropriate asylum instrument; article 25 of Regulation (EC) No 810/2009 clearly states already that if a Member State considers it necessary to issue visas on humanitarian grounds, for reasons of national interest or because of international obligations, they have the competence to do so.
Amendment 106 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 810/2009
Article 5 – paragraph 1b
Article 5 – paragraph 1b
(b) if the visit includes more than one destination, or if several separate visits are to be carried out within a period of two months, the Member State whose territory constitutes the main destination of the visit(s) in terms of the length of stay, counted in days; or;, or the Member State where the host organisation or employer is based; or; (This amendment applies throughout the text.)
Amendment 140 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Regulation (EC) No 810/2009
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Applicants shall pay a visa fee of EUR 890.
Amendment 152 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
(b) Applicants which form part of a group travelling for artistic, sports or educational purposes shall pay a visa fee of EUR 60.
Amendment 199 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Regulation (EC) No 810/2009
Article 24 – paragraph 2 c
Article 24 – paragraph 2 c
2c. Without prejudice to paragraph 2, a multiple entry visa valid for up to five years may be issued to applicants who prove the need or justify their intention to travel frequently and/or regularly, such as educational, sports and culture professionals, provided that they prove their integrity and reliability, in particular the lawful use of previous visas, their economic situation in the country of origin and their genuine intention to leave the territory of the Member States before the expiry of the visa for which they have applied. (This amendment applies throughout the text.)
Amendment 211 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 2
Article 25 a – paragraph 2
2. The Commission shall regularly, at least once a year, assess third countries' cooperation with regard to readmission, taking account, in particular, of the following indicators:
Amendment 219 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 5
Article 25 a – paragraph 5
5. Where, on the basis of the analysis referred to in paragraphs 2 and 4, and taking into account the steps taken by the Commission to improve the level of cooperation of the third country concerned in the field of readmission, the Union’s overall relations with that third country, as well as its overall cooperation in the field of migration, the Commission decides that a country is not cooperating sufficiently, and that action is therefore needed, it may, taking also account of the Union’s overall relor where, within 12 months, a simple majority of Member States have notified the Commission in accordance with paragraph 3, the Commission , while continuing its efforts to improve the cooperations with the third country concerned, adopt an implementing act, in accordance with the examination procedure referred to in Article 52(2)shall submit a proposal to the Council to adopt an implementing act:
Amendment 14 #
2017/2256(INI)
Motion for a resolution
Recital B
Recital B
B. whereas in recent years several factors have impacted the functioning of the Schengen area; whereas these factors include a significant numbers of asylum seekers and irregular migrants with related secondary movements; whereas these factors also include terrorism and a heightened threat to public policy and the internal security of the Member States; whereas several Member States have also reintroduced and subsequently prolonged controls at internal borders since 2014; whereas the strengthening of the external borders of the European Union and the introduction of systematic controls, including for European citizens, were indispensable conditions for the protection of the Schengen area;
Amendment 30 #
2017/2256(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the permanent reintroduction of border controls wcould have seriousa direct and indirect impacts on citizens’ lives and seriously undermine their trust in European integrationthe lives of citizens; whereas Schengen countries would face tremendous direct operational and investment costs, with crippling effects on their economies; whereas the estimations of those costs alone amount to more than EUR 18 billion per year for cross-border workers, tourists, road freight transporters and public administrations;
Amendment 56 #
2017/2256(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. NotWelcomes the steps taken through the amendment of the Schengen Borders Code and introduction of mandatory systematic register checks at the external borders for EU nationals, while remaining vigilant about the effects these requirements have on the border crossings of EU nationals;
Amendment 69 #
2017/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers cooperation with third countries, in particular in the context of development policy and readmission agreements, as one of the most essential elements in finding the solution to irregular migration; calls on the Commission to continue negotiations with a view to concluding new readmission agreements with countries of origin and transit; stresses the importance of ensuring the effectiveness of such agreements; calls for the payment of EU aid to be conditional on the conclusion and enforcement of readmission agreements in order to ensure the effective return of irregular migrants;
Amendment 114 #
2017/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the current state of Schengen and the issues it has encountered are not duedue not only to problems in the structure and construction of Schengen itself but ratherbut also to the connected fields of the acquis, such as shortcomings in the area of the Common European Asylum System, including the Dublin Regulation, and control of the external borders;
Amendment 130 #
2017/2256(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Condemns the continuedWelcomes, as part of efforts to bring about optimal functioning of Schengen, the proposal to revise the Schengen Borders Code; considers that the reintroduction of controls at internal border checks as this undermines the basic principles of the Schengen area, and expresses doubts about the lawfulness of some prolongations of controls; is also of the opinions should be facilitated and the duration of those controls adapted to the exceptional circumstances requiring such intervention; stresses that the reintroduction of internal border controls must always be justified and proportionate; regrets that Member States have not taken the proper measures to ensure cooperation with other affected Member States to minimise the effects of these measures, nor have they provided enough information on the results of such controls, therefore hindering the analysis by the Commission and scrutiny by Parliament; considers that the economic, political and social impacts of this practice to be detrimental to the unity of the Schengen area and harmful to the prosperity of European citizens; recalls that Member States have other tools available, namely targeted police controls, as recommended by the Commissionshould be regularly assessed so that they do not harm the prosperity of European citizens;
Amendment 137 #
2017/2256(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 189 #
2017/2256(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to make available to the relevant authorities the necessary information and statistical data to facilitate the national management of resources and capabilities related to border control; calls on the Member States, in particular those directly affected, to prepare and sufficiently test necessary contingency plans to mitigate situations of disproportionate migratory pressure, as well as to increase their registration and accommodation capacity in case of such events; calls on the Member States to improve their capabilities to detect document fraud and clandestine entries;
Amendment 209 #
2017/2256(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to ensure swift return procedures once a return decision has been issued and to enter this decision automatically into the SIS database; calls on the Member States to take specific steps to ensure adequate infrastructure, accommodation and living conditions for arriving asylum seekers, especially taking into consideration the needs of unaccompanied minors and families with minors; calls on the Member States to bring their detention facilities into line with the requirements so as to meet capacity demand, and to increase the use of alternative measures to detention;
Amendment 111 #
2017/2125(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the influx of migrants into Europe is continuing; whereas many of these migrants place their lives in the hands of traffickers and criminals; whereas , according to UNHCR data, 27 %more than half of the migrants arriving in Europe via the Mediterranean are single men, whereas 27 % are children; whereas , according to the IOM, 23 % of these children stated that they had never been to school;
Amendment 121 #
2017/2125(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the dangers faced by refugee and migrant children include separation from their families, detention, sexual and gender-based violence, exploitation and, the risk of being exposed to drugs and other addictive substances, and the resultant physical and psychological damage;
Amendment 139 #
2017/2125(INI)
Motion for a resolution
Recital F
Recital F
F. whereas following the ongoing wave of terrorist attacks across the EU , and whereas migrants and refugees have been involved in some of them, this, has fuelled widespread mistrust of Muslim migrants, and whereas certain political parties are employing the rhetoric of cultural isolationism and hatred of those who are different;
Amendment 146 #
2017/2125(INI)
Motion for a resolution
Recital G
Recital G
Amendment 181 #
2017/2125(INI)
Motion for a resolution
Recital J
Recital J
J. whereas there is a risk that the increased levels of hatred, xenophobia and Afrxenophobia, whether expressed in the form of hate crimes, anonymous messages spread on social networks, protests or political propaganda, will come to be seen as normal in the Member States;
Amendment 303 #
2017/2125(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Takes the view that unsuccessful asylum seekers should be returned to their country of origin;
Amendment 325 #
2017/2125(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that legal channels should beare already available for migration, including from Africa, but not for all the men and women hoping to come to Europe; takes the view that the best way to protect the rights of persons who cannot legally enter Europe would be to bring about the rapid and robust development of Africa, which Europe could promote by stepping up its involvement on the African continent, and this should be accompanied by a real clampdown in the countries of origin against irregular immigration and human trafficking networks;
Amendment 349 #
2017/2125(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the imperative need for persons of Islamic faith and culture, including those who have already been living here for a long time, to be integrassimilated as effectively as possible into European society; stresses that integrassimilation of this kind will be the best way to tackle Islamic radicalisation in Europe;
Amendment 365 #
2017/2125(INI)
12. Stresses the need for measures to be taken as a matter of priority in all the Member States to give legal immigrant children access to education, language learning, healthcare, and good living conditions and the opportunity to be reunited with their family;
Amendment 367 #
2017/2125(INI)
Motion for a resolution
Paragraph 12a (new)
Paragraph 12a (new)
12a. Stresses that the implementation of measures cannot replace the duty of the countries of origin to take responsibility for their own young people.
Amendment 178 #
2017/2068(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Member States to step up information exchanges on the challenges they face in the fight against cybercrime, as well as on solutions to address thempromote cyber- resilience, notably through the European CSIRT (Computer Security Incident Response Team) network;
Amendment 191 #
2017/2068(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to launch awareness- raising campaigns to ensure thatand to promote good practices among all citizens, in particular children and other vulnerable users, and the private sector arebut also central government and local authorities, vital operators and private sector actors to make them aware of the risks posed by cybercrime, and to promote the use of security measures such as encryption;
Amendment 48 #
2017/2054(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 55 #
2017/2054(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that, whilst the mathematical formulas display great potential for providing a permanent system for the distribution of seats in the future, the political and legal uncertainty as a result of the UK’s withdrawal from the EU ultimately make it politically unviable for Parliament to suggest a permanent system at this stage;
Amendment 61 #
2017/2054(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 66 #
2017/2054(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 149 #
2017/2054(INL)
Motion for a resolution
Annex – Article 3 – paragraph 2
Annex – Article 3 – paragraph 2
Amendment 161 #
2017/2054(INL)
Motion for a resolution
Annex – Article 3 – paragraph 3
Annex – Article 3 – paragraph 3
Amendment 44 #
2017/0245(COD)
Proposal for a regulation
Recital -1 (new)
Recital -1 (new)
(-1) The creation of an area in which the free movement of persons is ensured is one of the European Union’s main achievements. However, the persistent cross-border terrorist threat, the massive influx of migrants and the failure to establish the common European asylum system have laid bare the Schengen area’s operational limitations. In this context, the rules governing the temporary reintroduction of border control at internal borders and the prolongation thereof need to be clarified and the arrangements duly adapted, while stressing the need for cooperation between Member States.
Amendment 49 #
2017/0245(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In an area where persons may move freely, the reintroduction of border control at internal borders should remain an exceptionbe permitted when justified by exceptional circumstances. The reintroduction of internal border control should be decided only as a measure of last resort, for a limited period of time and to the extent that controls are necessary and proportionate to the identified serious threats to public policy or internal security identified, such as a terrorist threat or cross-border crime.
Amendment 52 #
2017/0245(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The irregular crossing of external borders by a large number of third- country nationals and secondary movements may also constitute exceptional circumstances where the overall functioning of the area without internal borders control is put at risk and may, therefore, represent a threat to public order or internal security in this area or in sections thereof.
Amendment 53 #
2017/0245(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The identified serious threats can be addressed by different measures, depending on their nature and scale. The Member States have at their disposal also police powers, as referred to in Article 23 of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code)8 , which, subject to some conditions, can be used in the border areas. The Commission Recommendation on proportionate police checks and police cooperation in the Schengen area9 provides guidelines to the Member States to that end. The exercise of police powers may be used to supplement internal border controls. However, pursuant to Article 23 of the Schengen Borders Code, this cannot substitute border controls, as their nature and purpose are different. _________________ 8 OJ L 77, 23.3.2016, p. 1. 9 C(2017) 3349 final, 12.5.2017.
Amendment 64 #
2017/0245(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) However, experience has shown that certain serious threats to public policy or internal security, such as cross-border terrorist threats or specific cases of secondary movements of irregular migrants within the Union that justified the reintroduction of border controls, may persist well beyond the above periods. It is therefore needed and justified to adjust the time limits applicable to the temporary reintroduction of border control to the current needs, while ensuring that this measure is not abused and remains an exception, to be used only as a last resort. To that end, the general deadline applicable under Article 25 of the Schengen Borders Code should be extended to onetwo years.
Amendment 75 #
2017/0245(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to guarantee that these internal border controls remain an exception, Member States should have the option of submitting a risk assessment, if the Commission or one third of the Member States so requests concerning the intended reintroduction of border control or prolongation thereof. Such a risk assessment should be mandatory whenever an extension of more than six months is considered. The risk assessment should, in particular, assess for how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstrate that the prolongation of border controls is a last resort measure and explain how border control would help in addressing the identified threat. In case ofWhenever internal border control going beyons exceed six months, the risk assessment should also demonstrate retrospectively the efficiency of the reintroduced border control in addressing the identified threat and explain in detail how each neighbouring Member State affected by such prolongation was consulted and involved in determining the least burdensome operational arrangements.
Amendment 79 #
2017/0245(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The quality of the risk assessment submitted by the Member State will be very important for the assessment of the necessity and proportionality of the intended reintroduction or prolongation of border control. The European Border and Coast Guard Agency and Europol should be involvedfree to participate in that assessment.
Amendment 89 #
2017/0245(COD)
(8) In order to make the revised rules better adapted to the challenges related to persistent serious threats to public policy or internal security, a specific possibility should be provided to prolong internal border controls beyond onetwo years. Such prolongation should accompany commensurate exceptional national measures also taken within the territory to address the threat, such as a state of emergency. In any case, such a possibility should not lead to the further prolongation of temporary internal border controls beyond twohree years.
Amendment 94 #
2017/0245(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The reference to Article 29 in Article 25(4) should be modified with a view of clarifying the relation between the time periods applicable under Article 29, Article 27(a) and Article 25 of the Schengen Borders Code.
Amendment 96 #
2017/0245(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The possibility to carry out temporary internal border controls in response to a specific threat to public policy or internal security which persists beyond atwo years should be subject to a specific procedure.
Amendment 104 #
2017/0245(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In view of the nature of such measures, which touch on national executive and enforcement powers regarding serious threats to public policy or internal security, implementingthe powers to adopt recommendations under this specific procedureoppose this extension by ‘reinforced’ qualified majority voting should exceptionally be conferred on the Council.
Amendment 105 #
2017/0245(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Council, taking account of the Commission's opinion, may recommendoppose such extraordinary further prolongation and where appropriate determine the conditions for cooperation between the Member States concerned, with a view to ensuring that it is an exceptional measure, in place only for as long aif the risk assessment fails to demonstrate that this exceptional measure will not be excessive and is necessary and justified, and consistent with the measures also taken at the national level within the territory to address the same specific threat to public policy or internal security. The Council recommendation should be a prerequisite for any further prolongation beyond the period of one year and hence be of the same nature as the one already provided for in Article 29.
Amendment 111 #
2017/0245(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The total period during which border control at internal borders is reintroduced or prolonged under Articles 25, 27, 27(a), 28 and 29 should in principle not be cumulative as the circumstances justifying the reintroduction or extension of internal border control vary from case to case. It is therefore not necessary to set a maximum total cumulative period in the event that the periods laid down in several or all of the procedures are added together. Similarly, the entry into force of this Regulation should be without prejudice to existing internal border control measures.
Amendment 115 #
2017/0245(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Since the objective of this Regulation, namely allowing the prolongation in exceptional cases of reintroduced border controls at specific section(s) of the internal borders for the time period necessary for a Member State to adequately respond to a persistent threat of a cross-border nature, is to complement the current rules on temporary reintroduction of border controls at internal borders, it cannot be achieved byif Member States acting alonfail to cooperate; an amendment of the common rules established at Union level is necessary. Thus, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 131 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 4 – subparagraph 1
Article 25 – paragraph 4 – subparagraph 1
The total period during which border control is reintroduced at internal borders, including any prolongation provided for under paragraph 3 of this Article, shall not exceed onetwo years.
Amendment 138 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 4 – subparagraph 2
Article 25 – paragraph 4 – subparagraph 2
In the exceptional cases referred to in Article 27a, the total period may be further extended by a maximum length of twohree years in accordance with that Article.
Amendment 142 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399
Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/399
Where there are exceptional circumstances as referred to in Article 29, the total period may be extended by a maximum length of twohree years, in accordance with paragraph 1 of that Article.
Amendment 151 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point i
Article 1 – paragraph 1 – point 2 – point i
Regulation (EU) 2016/399
Article 27 – paragraph 1 – point a a
Article 27 – paragraph 1 – point a a
Amendment 167 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point iii a (new)
Article 1 – paragraph 1 – point 2 – point iii a (new)
Regulation (EU) 2016/399
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
(iiia) the following paragraph is added: ‘(1a) The Member State may, at the request of the Commission or one third of the Member States, provide a risk assessment. To that end, the Member State shall supply the following information: (a) an estimate of the likely duration of the persistent threat identified, (b) which sections of the internal borders are affected, (c) proof that the prolongation of border controls is a last resort, (d) a detailed explanation of how border controls would better help address the identified threat. ’
Amendment 168 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point iii b (new)
Article 1 – paragraph 1 – point 2 – point iii b (new)
Regulation (EU) 2016/399
Article 27 – paragraph 1 b (new)
Article 27 – paragraph 1 b (new)
Amendment 178 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point iv
Article 1 – paragraph 1 – point 2 – point iv
Regulation (EU) 2016/399
Article 27 – paragraph 4 – subparagraph 2
Article 27 – paragraph 4 – subparagraph 2
Where the Commission has, on the basis of the information contained in the notification, the risk assessment or any additional information it has received, concerns as regards the necessity or proportionality of the planned reintroduction of border control at internal borders or where it considers that a consultation on some aspects of the notification would be appropriate, it shall issue an opinion to that effect.
Amendment 187 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 27 a – title
Article 27 a – title
Specific procedure where the serious threat to public policy or internal security exceeds onetwo years
Amendment 197 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 27 a – paragraph 4
Article 27 a – paragraph 4
4. The Council, taking due account of the opinion of the Commission, may recommend that the Member State decide to further prolong border control at internal borders for a period of up to six months. That period may be prolonged, no more than three times, for a further period of up to six months. In its recommendation, the Council shall at least indicate the information referred to in Article 27(1) (a) to (e). Where appropriate, it shall determine the conditions for cooperation between the Member States concerned, by ‘reinforced’ qualified majority vote, oppose the Member State’s further extension of internal border controls. If the Council decides not to hold a vote, the Member State’s further extension of internal border controls for a further period of up to six months shall be deemed to be accepted. That period may be prolonged, no more than five times, for a further period of up to six months.
Amendment 208 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2016/399
Article 29 – paragraph 1
Article 29 – paragraph 1
(3a) In Article 29, paragraph 1 is replaced by the following: "1. In exceptional circumstances where the overall functioning of the area without internal border control is put at risk as a result of persistent serious deficiencies relating to external border control as referred to in Article 21, and insofar as those circumstances constitute a serious threat to public policy or internal security within the area without internal border control or within parts thereof, border control at internal borders may be reintroduced in accordance with paragraph 2 of this Article for a period of up to six months. That period may be prolonged, no more than threfive times, for a further period of up to six months if the exceptional circumstances persist. Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32016R0399&from=IT)
Amendment 57 #
2017/0158(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Since certain categories of cultural goods, namely archaeological objects, elements of monuments, rare manuscripts and incunabula are particularly vulnerable to pillage and destruction, it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the Union. Such a system should require the presentation of a licence issued by the competent authority of the Member State of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit when the goods come from countries designated by a United Nations Security Council Resolution laying down restrictive measures that apply to cultural goods, or by a similar measure adopted by the Union in accordance with the procedures set out in Article 215 of the Treaty on the Functioning of the European Union. Persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence, in particular, export certificates or licences issued by the third country of export, ownership titles, invoices, sales contracts, insurance documents, transport documents and experts appraisals. Based on complete and accurate applications, the competent authorities of the Member States should decide whether to issue a licence without undue delay.
Amendment 66 #
2017/0158(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Temporary admission of cultural goods for educational, scientific or academic research purposes or for the purpose of cooperation between non- profit museums or public institutions should not be subject to the presentation of a licence or of a statement.
Amendment 86 #
2017/0158(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) '‘cultural goods'’ means any object which is of importance for archaeology, prehistory, history, literature, art or science and which belongs to the categories listed in the table in Annex and meets the minimum age threshold specified thereinlisted in the Annex to Regulation (EC) No 116/2009 of 18 December 2008;
Amendment 102 #
2017/0158(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the temporary admission, within the meaning of Article 250 of Regulation (EU) No 952/2013, in the customs territory of the Union of cultural goods for educational, scientific and academic research purposes, and in cases where museums or public non-profit institutions are working together to organise cultural exhibitions;
Amendment 106 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The release for free circulation and the placing under a special procedure other than transit in the Union of the cultural goods referred to in points (c), (d) and (h) of the Annex shall be subject toimport into the Union of the cultural goods referred to in the Annex shall be subject to the presentation of an import licence when those goods come from countries designated by a United Nations Security Council Resolution laying down restrictive measures that apply to cultural goods, or by a similar measure adopted by the Union in accordance with the procedure set out in Article 215 of the pTresentaaty on the Functioning of an import licence to the customs authoritiesthe European Union, except for transit.
Amendment 139 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The release for free circulation and the placing under a special procedure other than transit in the Union of the cultural goods referred to in points (a), (b), (e), (f), (g), (i), (j), (k) and (l) of the Anneximportation of the cultural goods referred to in the Annex and not covered by Article 4 shall be subject to the submission of an importer statement to the customs authorities of the Member State of entry.
Amendment 147 #
2017/0003(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Pursuant to Article 8(1) of the Charter and Article 16(1) of the Treaty on the Functioning of the European Union, everyone has the right to the protection of personal data concerning him or her. Regulation (EU) 2016/679 lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data. ESince electronic communications data may include personal data as defined in Regulation (EU) 2016/679, the provisions related to the protection of natural persons apply to that extent in regard to the processing of personal data.
Amendment 172 #
2017/0003(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly replace traditional voice telephony, text messages (SMS) and electronic mail conveyance services in favour of functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure an effective and equal protection of end-users when using functionally equivalent services, this Regulation uses the definition of electronic communications services set forth in the [Directive of the European Parliament and of the Council establishing the European Electronic Communications Code24 ]. That definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services, which may or may not be number-based, such as for example, Voice over IP, messaging services and web-based e-mail services. The protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service; therefore, such type of services also having a communication functionality should be covered by this Regulation. _________________ 24 Commission proposal for a Directive of the European Parliament and of the Council establishing the European Electronic Communications Code (Recast) (COM/2016/0590 final - 2016/0288 (COD)).
Amendment 173 #
2017/0003(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly replace traditional voice telephony, text messages (SMS) and electronic mail conveyance services in favour of functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure an effective and equal protection of end-users when using functionally equivalent services, this Regulation uses the definition of electronic communications services set forth in the [Directive of the European Parliament and of the Council establishing the European Electronic Communications Code24 ]. That definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services, which may or may not be number-based, such as for example, Voice over IP, messaging services and web-based e-mail services. The protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service; therefore, such type of services also having a communication functionality should be covered by this Regulation. _________________ 24 Commission proposal for a Directive of the European Parliament and of the Council establishing the European Electronic Communications Code (Recast) (COM/2016/0590 final - 2016/0288 (COD)).
Amendment 177 #
2017/0003(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 179 #
2017/0003(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 182 #
2017/0003(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi- private spaces such as ‘hotspots’ situated at different places within a city, department stores, shopping malls and hospitals. To the extent that those communications networks are provided to an undefined group of end-users, the confidentiality of the communications transmitted through such networks should be protected. The fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this Regulation. Therefore, this Regulation should apply to electronic communications data using electronic communications services and public communications networks. It should apply to restricted-access services offered by social network services, such as user- created groups or private messaging, as long as the social network service as a whole is publicly available. In contrast, this Regulation should not apply to closed groups of end-users such as corporate networks, access to which is limited to members of the corporation.
Amendment 194 #
2017/0003(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Electronic communications data should be treated as confidential. This means that any interference with the transmission of electronic communications datacontent, whether directly by human intervention or through the intermediation of automated processing by machines, without the consent of all the communicating parties should be prohibited except for permissible uses described under this Regulation. The prohibition of interception of communications datacontent should apply during their conveyance, i.e. until receipt of the content of the electronic communication by the intended addressee. Interception of electronic communications datacontent may occur, for example, when someone other than the communicating parties or their electronic communications service providers, listens to calls, reads, scans or stores the content of electronic communications, or the associated metadata, for purposes other than the exchange of communications. Interception may also occurs when third parties monitor websites visited, timing of the visits, interaction with others, etc., without the consent of the end-user concernedby accessing electronic communications data during their transmission. As technology evolves, the technical ways to engage in interception have also increased. Such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas, such as the so-called IMSI (International Mobile Subscriber Identity) catchers, to programs and techniques that, for example, surreptitiously monitor browsing habits for the purpose of creating end-user profiles. Other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers, including browsing habits without the end-users’ consent.
Amendment 197 #
2017/0003(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications during conveyance is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. It should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services, including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc.
Amendment 202 #
2017/0003(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. It should not prohibit either the processing of electronic communications data to ensure the security, availability and continuity of the electronic communications services and networks, including checking security threats such as the presence of malware or the processing of metadata to ensure the necessaryappropriate quality of service requirements, such as latency, jitter etc.
Amendment 208 #
2017/0003(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The processing of electronic communications metadata can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications networks and services to further process electronic communications metadata, based on end- users consent. However, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication, billing, interconnection payments or security. Therefore, this Regulation should, in principle, require providers of electronic communications networks and services to obtain end-users’ consent to further process electronic communications metadata, which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata. As an exception from obtaining end-users’ consent, the processing of electronic communications metadata for purposes other than those for which the personal data were initially collected should be allowed in cases where the processing is compatible in accordance with point (4) of Article 6 of Regulation (EU) 2016/679. Examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colors to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data were to be used and such movement could not be displayed. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. Where a type of processing of electronic communications metadata, in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a consultation of the supervisory authority should take place prior to the processing, in accordance with Articles 35 and 36 of Regulation (EU) 2016/679.
Amendment 213 #
2017/0003(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Regulation (EU) 2016/679 lays down rules relating to the further processing of personal data where such processing is not based on the data subject’s consent. In accordance with point (4) of Article 6 of Regulation (EU) 2016/679, the processing of electronic communications metadata for purposes other than for which the data were initially collected should be allowed where the processing is compatible with the purposes for which the data were initially collected. In such a case, no legal basis separate from that which allowed the collection of the electronic communications metadata should be required. In accordance with Regulation (EU) 2016/679, further processing of electronic communications metadata for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes should be considered to be compatible lawful processing operations.
Amendment 223 #
2017/0003(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The content of electronic communications pertains to the essence of the fundamental right to respect for private and family life, home and communications protected under Article 7 of the Charter. Any interference with the content of electronic communications should be allowed only under very clear defined conditions, for specific purposes and be subject to adequate safeguards against abuse. This Regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit, with the informed consent of all the end- users concerned. For example, providers may offer services that entail the scanning of emails to remove certain pre-defined material. Given the sensitivity of the content of communications, this Regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons. When processing such type of data, the provider of the electronic communications service should always consult the supervisory authority prior to the processing. Such consultation should be in accordance with Article 36 (2) and (3) of Regulation (EU) 2016/679. The presumption does not encompass the processing of content data to provide a service requested by the end-user where the end-user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service. After electronic communications content has been sent by the end-user and received by the intended end-user or end-users, it may be recorded or stor, stored or processed by the end-user, end- users or by a third party entrusted by them to record or store, store or process such data. Any processing of such data must comply with Regulation (EU) 2016/679.
Amendment 227 #
2017/0003(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Terminal equipment of end-users of electronic communications networks and any information relating to the usage of such terminal equipment, whether in particular is stored in or emitted by such equipment, requested from or processed in order to enable it to connect to another device and or network equipment, are part of the private sphere of the end-users requiring protection under the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given that such equipment contains or processes information that may reveal details of an individual’s emotional, political, social complexities, including the content of communications, pictures, the location of individuals by accessing the device’s GPS capabilities, contact lists, and other information already stored in the device, the information related to such equipment requires enhanced privacy protection. Furthermore, the so-called spyware, web bugs, hidden identifiers, tracking cookies and other similar unwanted tracking tools can enter end-user’s terminal equipment without their knowledge in order to gain access to information, to store hidden information and to trace the activities. Information related to the end-user’s device may also be collected remotely for the purpose of identification and tracking, using techniques such as the so-called ‘device fingerprinting’, often without the knowledge of the end-user, and may seriously intrude upon the privacy of these end-users. Techniques that surreptitiously monitor the actions of end-users, for example by tracking their activities online or the location of their terminal equipment, or subvert the operation of the end-users’ terminal equipment pose a serious threat to the privacy of end-users. Therefore, any such interference with the end-user’s terminal equipment should be allowed only with the end-user’s consent or for clearly defined exceptions and for specific and transparent purposes.
Amendment 234 #
2017/0003(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no, or only very limited, intrusion of privacympact on the privacy of the end-user concerned, in accordance with Regulation (EU) 2016/679. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enablproviding, including enabling or subsidizing the use of a specific service explicitly requested by the end-user. This may include the storing of cookies for the duration of a single established session on a website to keep track of the end-user’s input when filling in online forms over several pages. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic to a website for other legitimate purposes, for example, securing a service, measuring web traffic to a website or measuring the effectiveness of advertisements. Information society providers that engage in configuration checking to provide the service in compliance with the end-user’s settings and the mere logging of the fact that the end-user’s device is unable to receive content requested by the end- user should not constitute access to such a device or use of the device processing capabilities.
Amendment 241 #
2017/0003(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The methods used for providing information and obtaining end-user’s consent should be as user-friendly as possible. Given the ubiquitous use of tracking cookies and other tracking techniques, end-users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end-users are overloaded with requests to provide consent. The use of technical means to provide consent, for example, through transparent and user-friendly settings, may address this problem. Therefore, this Regulation should provide for the possibility to express consent by using the appropriate technical settings of a browser or other application. The choices made by end- users when establishing its general privacy settings of a browser or other application should be binding on, and enforceable against, any third parties. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. Other types of applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or stored.
Amendment 244 #
2017/0003(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The methods used for providing information and obtaining end-user’s consent should be as user-friendly as possible. Given the ubiquitous use of tracking cookies and other tracking techniques, end-users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end-users are overloaded with requests to provide consent. The use of technical means to provide consent, for example, through transparent and user-friendly settings, may address this problem. Therefore, this Regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application. The choices made by end- users when establishing its general privacy settings of a browser or other application should be binding on, and enforceable against, any third parties. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. OMobile operating systems or other types of applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or stored.
Amendment 249 #
2017/0003(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of data protection by design and by default were codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘accept all cookies’. Therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment; this is often presented as ‘reject third party cookies’. End-users should be offered a set of privacy setting options, ranging from higher (for example, ‘never accept cookies’) to lower (for example, ‘always accept cookies’) and intermediate (for example, ‘reject third party cookies’ or ‘only accept first party cookies’)End-users should be offered to choose appropriate technical settings expressing their privacy preferences. Such privacy settings should be presented in an easily visible and intelligible manner.
Amendment 261 #
2017/0003(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) For web browsers, applications or other software to be able to obtain end- users’ consent as defined under Regulation (EU) 2016/679, for example, to the storage of third party tracking cookies, they should, among others, require a clear affirmative action from the end-user of terminal equipment to signify his or her freely given, specific informed, and unambiguous agreement to the storage and access of such cookies in and from the terminal equipment. Such action may be considered to be affirmative, for example, if end-users are required to actively select ‘accept third party cookies’ to confirm their agreement and are given the necessary information to make the choice. To this end, it is necessary to require providers of software enabling access to internet that, at the moment of installationTo this end, end-users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice. Information provided should not dissuade end-users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies to be stored in the computer, including the compilation of long-term records of individuals’ browsing histories and the use of such records to send targeted advertising. Web browserspurposes for which data may be processed, including using information about a user’s browsing habits to build up an anonymous profile which may determine what type of advertising they are shown. Web browsers, application or other software, are encouraged to provide easy ways for end- users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain websites or to specify for which websites (third) party cookies areis always or never allowed.
Amendment 274 #
2017/0003(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) When the processing of electronic communications data by providers of electronic communications services falls within its scope, this Regulation should provide for the possibility for the Union or Member States under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests, including national security, defence, public security and the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests. Therefore, this Regulation should not affect the ability of Member States to carry out lawful interception of electronic communications or take other measures, if necessary and proportionate to safeguard the public interests mentioned above, for instance, when someone is suspected of a criminal offence or when there are strong reasons to believe a minor has been missing, in accordance with the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the Court of Justice of the European Union and of the European Court of Human Rights. Providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities, where relevant also taking into account the role of the representative designated pursuant to Article 3(3).
Amendment 290 #
2017/0003(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural persons give their consent to their data being included in such directories, they should be able to determine on a consent basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, providers of publicly available directorieupon giving their consent the end-users should be inform the end-usersed of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user’s contact details can be searched should not necessarily be the same. The providers of publicly available directories shall provide information about the search options, as well as if new options and functions of the directories are available in the publicly available directories.
Amendment 294 #
2017/0003(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In this Regulation, direct marketing refers to any form of advertising by which a natural or legal person sends direct marketing communications directly to one or more identified or identifiable end-users using electronic communications services. In addition to the offering of products and services for commercial purposes, this should also include messages sent by political parties that contact natural persons via electronic communications services in order to promote their parties. The same should apply to messages sent by other non-profit organisations to support the purposes of the organisation.
Amendment 299 #
2017/0003(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Safeguards should be provided to protect end-users against unsolicited communications for direct marketing purposes, which intrude into the private life of end-users. The degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications, whether using automated calling and communication systems, instant messaging applications, emails, SMS, MMS, Bluetooth, etc. It is therefore justified to require that consent of the end-user is obtained before commercial electronic communications for direct marketing purposes are sent to end-users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons. Legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future- proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications, while at the same time guaranteeing an equivalent level of protection for all citizens throughout the Union. However, it is reasonable to allow the use of e-mail contact details within the context of an existing customer relationship for the offering of similar products or services. Such possibility should only apply to the same company that has obtained the electronic contact details in accordance with Regulation (EU) 2016/679. Direct marketing shall not include any form of advertising which is displayed within content presented to an end-user as part of an information society service.
Amendment 303 #
2017/0003(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Safeguards should be provided to protect end-users against unsolicited communications for direct marketing purposes, which intrude into the private life of end-users. The degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications, whether using automated calling and communication systems, instant messaging applications, emails, SMS, MMS, Bluetooth, etc. It is therefore justified to require that consent of the end-user is obtained before commercial electronic communications for direct marketing purposes are sent to end-users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons. Legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future- proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications, while at the same time guaranteeing an equivalent level of protection for all citizens throughout the Union. However, it is reasonable to allow the use of e-mail contact details within the context of an existing customer relationship for the offering of similar products or services. Such possibility should only apply to the same company that has obtained the electronic contact details in accordance with Regulation (EU) 2016/679.
Amendment 308 #
2017/0003(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In order to allow easy withdrawal of consent, legal or natural persons conducting direct marketing communications by email should present a link, or a valid electronic mail address, which can be easily used by end-users to withdraw their consent. Legal or natural persons conducting direct marketing communications through voice-to-voice calls and through calls by automating calling and communication systems should display their identity line on which the company can be called or present a specific code identifying the fact that the call is a marketing call.
Amendment 315 #
2017/0003(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Service providers who offer electronic communications services should inform end- users of measures they can take to protect all comply withe security of their communications for instance by using specific types of software or encryption technologies. The requirement to inform end-users of particular security risks does not discharge a service provider from the obligation to take, at its own costs, appropriate and immediate measures to remedy any new, unforeseen security risks and restore the normal security level of the service. The provision of information about security risks to the subscriber should be free of charge. Security is appraised in the light of Article 32 of Regulation (EU) 2016/679bligations as prescribed in Article 32 of Regulation (EU) 2016/679 and Article 40 of [European Electronic Communications Code].
Amendment 318 #
2017/0003(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Service providers who offer electronic communications services should inform end- users of measures they can take to protect the security of their communications for instance by using specific types of software or encryption technologies. The requirement to inform end-users of particular security risks does not discharge a service provider from the obligation to take, at its own costs, appropriate and immediate measures to remedy any new, unforeseen security risks and restore the normal security level of the service. The provision of information about security risks to the subscriber should be free of charge. Security is appraised in the light of Article 32 of Regulation (EU) 2016/679.
Amendment 331 #
2017/0003(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The provisions of this Regulation particularise and complement Regulation (EU) 2016/679 by laying down specific rules for the purposes mentioned in paragraphs 1 and 2.
Amendment 358 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where the provider of an electronic communications service is not established in the Union it shall designate in writing a representative in the Union, Article 27 of Regulation (EU) No 2016/679 shall apply.
Amendment 367 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 395 #
2017/0003(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Confidentiality of electronic communications datacontent
Amendment 398 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any interference with electronic communications data, such as by unauthorized listening, tapping, storing, monitoring, scanning or other kinds of interception, or surveillance or processing of electronic communications data, by persons other than the send-userer or intended recipients, shall be prohibited, except when permitted by this Regulation. The processing of electronic communications data following conveyance to the intended recipients or their service provider shall be subject to Regulation (EU) 2016/679.
Amendment 402 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any interference with electronic communications data during conveyance, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, surveillance or processing of electronic communications datacontent, by persons other than the end- users, shall be prohibited, except when permitted by this Regulation.
Amendment 405 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any interference with electronic communications data, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, or surveillance or processing of electronic communications data, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation.
Amendment 431 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) it is necessary to maintain or restore the security or availability of electronic communications networks and services, or detect technical faults and/or errors in the transmission of electronic communications or the security of or availability for third parties connected to the network, for the duration necessary for that purpose.
Amendment 439 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(b a) it is necessary for compliance with a legal obligation to which the provider of electronic communication networks or services is subject, including but not limited to where it is necessary in order to comply with a legal obligation arising out of Article 11 of this Regulation;
Amendment 442 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b b (new)
Article 6 – paragraph 1 – point b b (new)
(b b) it is necessary for the provision of emergency services;or
Amendment 462 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) it is necessary for billing, calculating interconnection payments, detecting or stopping fraudulent, or abusive use of, or subscription to, electronic communications services; or
Amendment 469 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the end-user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes, including for the provision of specific services to such end- users, provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous.or
Amendment 473 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(c a) the processing of electronic communications metadata for one or more specified purposes is compatible with the purposes for which the data were initially collected, as set forth under point (4) of Article 6 of Regulation (EU) 2016/679.
Amendment 476 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c b (new)
Article 6 – paragraph 2 – point c b (new)
(c b) it is necessary, in accordance with Article 6(1)(f) of Regulation (EU) 2016/679, for the purposes of the legitimate interests pursued by the service provider or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Amendment 477 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. For the purpose of point (cb) of paragraph 2, data protection impact assessment shall be carried out as prescribed in Article 35 of Regulation (EU) 2016/679.
Amendment 489 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
(a) for the sole purpose of the provision of a specific service to an end- user, if the end-user or end-users concerned haves given theihis or her consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content; or
Amendment 501 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Without prejudice to point (b) of Article 6(1) and points (a) and (b) of Article 6(3), the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipientwhen it is no longer necessary for the operation of such services. Such data may be recorded or stored by the end-users or by a third party entrusted by them to record, store or otherwise process such data, in accordance with Regulation (EU) 2016/679.
Amendment 504 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Without prejudice to point (b) of Article 6(1) and points (a) and (c) of Article 6(2), the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communication.
Amendment 528 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(b a) the information is or is rendered pseudonymous or anonymous;or
Amendment 541 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuring, provided that such measurement is carried out by the provider of the information society service requested by the end-user.to obtain information about technical quality or effectiveness of an information society service that has been delivered, to understand and optimize web usage or about terminal equipment functionality, and it has no or little impact on the privacy of the end-user concerned; or
Amendment 547 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuring, provided that such measurement is car authorized out by the provider of the information society service requested by the end-user, including measurement for the purposes of calculating remuneration or a payment due.
Amendment 557 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) it is necessary to protect privacy, security or safety of the end-user, or to protect confidentiality, integrity, availability, authenticity of the terminal equipment;or
Amendment 558 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) it is necessary for scientific and statistical research purposes authorized by the provider of the information society service requested by the end-user;or
Amendment 564 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
(d b) it is necessary for quality of service purposes, including network management and to meet mandatory quality of service requirements pursuant to [Directive establishing the European Electronic Communications Code] or Regulation (EU) 2015/21/2011 for the duration necessary for that purpose;or
Amendment 565 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
(d b) the processing of these data and information for another specified purpose is compatible with the purpose for which the data were initially collected and is subject to specific safeguards, especially pseudonymisation, as set forth in Article 6(4) of Regulation (EU) 2016/679;or
Amendment 568 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d c (new)
Article 8 – paragraph 1 – point d c (new)
(d c) it is necessary, in accordance with Article 6(1)(f) of Regulation (EU) 2016/679 for the purposes of the legitimate interests pursued by the service provider or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Amendment 569 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d c (new)
Article 8 – paragraph 1 – point d c (new)
(d c) it is necessary for the purpose of the legitimate interests of the provider of the terminal equipment and its operating software, an electronic communications service or an information society service, except where such interests are overridden by the interests of fundamental rights and freedoms of the end-user.;or
Amendment 572 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d d (new)
Article 8 – paragraph 1 – point d d (new)
(d d) it is necessary to maintain or restore the security of electronic communications networks and services and their users, or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.
Amendment 593 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
The collection of such information shall be conditional on the application of appropriate technical and organisational measures to ensure a level of security appropriate to the risks, as set out in Article 32 of Regulation (EU) 2016/679, have been appliedthat the collection and processing of information is limited to the purposes of processing as required therefor and to ensure a level of security appropriate to the risks, as set out in Article 32 of Regulation (EU) 2016/679. Those measures may include pseudonymisation of the information collected as set out in Article 4 (5) of Regulation (EU) 2016/679.
Amendment 618 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 631 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. End-users who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and points (a) and (b) of Article 6(3) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues.
Amendment 636 #
2017/0003(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 668 #
2017/0003(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Article 25 of Regulation (EU) No 2016/679 shall apply.
Amendment 677 #
2017/0003(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Providers of electronic communications services shall establish appropriate internal procedures for responding to requests for access to end- users’ electronic communications data based on a legislative measure adopted pursuant to paragraph 1 and therefore to facilitate the handling of these requests. They shall provide the competent supervisory authority, on demand, with information about those procedures, the number of requests received, the legal justification invoked and their response.
Amendment 702 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories shall obtaelectronic communications services shall be responsible for collecting the consentdata of end- users who are natural persons in order to include their personal data in the directory and, consequently, shall obtain consent from thesepublicly available directories. The providers grant end- users for inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Pwho are natural persons the right to object against the inclusion of their related data in directories. The providers shall give end-users who are natural persons the means to verify, correct and delete such data.
Amendment 709 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The providers of a publicly available directory shall inform end-users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enabling suchshall inform end-users if new search functions arelated to their own data made available.
Amendment 717 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publicly available directorielectronic communications services shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. Providers shall give such end-users that are legal persons the means to verify, correct and delete such data. Natural persons who act with commercial intent, such as freelancers, small traders or self- employed persons, are equated to legal persons.
Amendment 720 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of electronic communication services or providers of publicly available directories shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. Providers shall give such end-users that are legal persons the means to verify, correct and delete such data.
Amendment 722 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct and delete any data related to them shall be provided free of charge and in an easily accessible manner by the party that collected the consent or directly from the provider of publicly available directory.
Amendment 742 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.
Amendment 749 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b
Article 16 – paragraph 3 – point b
Amendment 762 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
Amendment 765 #
2017/0003(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 766 #
2017/0003(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 773 #
2017/0003(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 823 #
2017/0003(COD)
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
It shall apply from 25 May 2018[one year from the date of entry into force of this regulation].
Amendment 63 #
2017/0002(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In Declaration No 21 on the protection of personal data in the fields of judicial cooperation in criminal matters and police cooperation, annexed to the final act of the intergovernmental conference which adopted the Treaty of Lisbon, the conference acknowledged that specific rules on the protection of personal data and the free movement of personal data in the fields of judicial cooperation in criminal matters and police cooperation based on Article 16 TFEU could prove necessary because of the specific nature of those fields. This Regulation should not therefore apply to Union agencies carrying out activities in the fields of judicial cooperation in criminal matters and police cooperation only to the extent that Union law applicable to such agencies does not contain specific rulthe processing of operational personal data, such as personal data processed for the purpose of a criminal investigations by Union bodies, offices and agencies carrying out activities falling within the scope of Chapters 4 and 5 of Title V of Part Three of the TFEU where acts creating such bodies, offices and agencies provide for a comprehensive set of rules for data protection applicable to the processing of such data, such as the acts establishing Europol and Eurojust, and the European Public Prosecutor's Office. This Regulation does, on the processing of personal dataother hand, cover the processing of administrative personal data, such as staff data, by those bodies, offices and agencies.
Amendment 65 #
2017/0002(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Directive (EU) 2016/680 provides harmonised rules for the protection and the free movement of personal data processed for the purposes of the prevention, investigation, detection or prosecution of criminal offences or execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. In order to foster the same level of protection for natural persons through legally enforceable rights throughout the Union and to prevent divergences hampering the exchange of personal data between Union bodies, offices and agencies carrying out activities in the fields of judicial cooperation in criminal matfalling within the scope of Chapters 4 and police cooperation5 of Title V of Part Three of the TFEU and competent authorities in Member States, the rules for the protection and the free movement of operational personal data processed by such Union agencies should draw on the principlbodies, offices uanderpinning this Regulation an agencies should be consistent with Directive (EU) 2016/680.
Amendment 67 #
2017/0002(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 70 #
2017/0002(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) This Regulation should apply to the processing of personal data by Union institutions, bodies, offices and agencies carrying out activities falling within the scope of Chapter 2 of Title V of the TEU. This Regulation does not apply to the processing of personal data in the context of the missions referred to in Articles 42(1), 43 and 44 of the TEU, which implement the common security and defence policy. Where appropriate, relevant proposals could be submitted to further regulate the processing of personal data in the area of the common security and defence policy.
Amendment 101 #
2017/0002(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Amendment 103 #
2017/0002(COD)
Proposal for a regulation
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
1b. This Regulation shall not apply to the processing of personal data in the context of the missions referred to in Articles 42(1), 43 and 44 of the TEU.
Amendment 10 #
2016/2225(INI)
Motion for a resolution
Recital A
Recital A
A. whereas big data refers to the recurring accumulationcollection and analysis of large amounts of data, including personal data, and flows of information from a variety of sources, which are subject to automatic processing by computer algorithms and advanced data-processing techniques in order to generate certain correlations, conclusions, trends and patterns (big data analytics);
Amendment 19 #
2016/2225(INI)
Motion for a resolution
Recital C
Recital C
C. whereas corporations, governmentcompanies, governments, political leaders and organisations have taken advantage of such data sets and big data analytics to foster competitiveness, innovation, market prediction, political campaigns, targeted advertising, scientific research and policy making in the field of transportation, political elections and outcomes, ,‘smart cities’, law enforcement, transparency, public health and disaster response;
Amendment 25 #
2016/2225(INI)
Motion for a resolution
Recital D
Recital D
D. whereas big data has the potential to bring undeniable benefits and opportunities for citizens, businesses and governments, but also entails significant risks, namely with regard to the protection of fundamental rights as guaranteed by the EU Charter and Union law as well as risks to data security and privacy;
Amendment 33 #
2016/2225(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the Commission's Digital Single Market Strategy for Europe recognise the potential of data-driven technologies, services and big data as catalyst for economic growth, innovation and digitalisation in the EU;
Amendment 35 #
2016/2225(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas the big data sector is growing by 40% per year, seven times faster than the IT market;
Amendment 36 #
2016/2225(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas big data has a huge unrealised potential as a driver of productivity and as a way of offering better products and services to citizens;
Amendment 37 #
2016/2225(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
D d. whereas big data can increase the operational efficiency and targeting of service delivery in the public sector;
Amendment 38 #
2016/2225(INI)
Motion for a resolution
Recital E
Recital E
Amendment 90 #
2016/2225(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that Union law for the protection of privacy and personal data, as well as the rights to equality and non- discrimination, areis applicable to data processing even when that processing is preceded by pseudonymisation and anonymisation techniques, insofar as there are risks of re-identification, or, in any case, when use of non-personal data might impact on individuals’ private lives or other rights and freedomswhen re-identification remains possible, e.g. when processing is preceded by pseudonymisation techniques, as it is still considered to be personal data;
Amendment 97 #
2016/2225(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines that the Digital Single Market must be built on reliable, trustworthy and high-speed networks and services that safeguard data subject's fundamental rights to data protection and privacy while also encouraging innovation and big data analytics in order to create the right conditions and a level playing field to boost European (digital) economy;
Amendment 104 #
2016/2225(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that transparency, fairness, accountability and control over personal data are core values through which specific rights and obligations are derived, and which should guide the action of corporations, public authorities and other actors that use data to frame their decision-making procedures; emphasises the need for much greater transparency with regard to data processing and analytics by businesses, administrations, decision makers and public actors;
Amendment 125 #
2016/2225(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 152 #
2016/2225(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges that data loss and theft, infection by malwaresecurity breaches, unauthorised access to data and unlawful surveillance are some of the most pressing risks associated with contemporary data processing activities, such as big data techniques;concerning citizens, therefore believes that tackling such threatrisks requires genuine and concerted cooperation between the private sector, governments, law enforcement authorities and independent data protection supervisory authorities;
Amendment 183 #
2016/2225(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls upon the Commission to bring forward a legal proposal to allow the use of big data tools as an investigation method and for evidence purposes in particular to give law enforcement authorities the basis for authorisation for targeted server search for wanted persons whereby the data of a large number of people are checked against existing data in a database;
Amendment 203 #
2016/2225(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the absolute need to protect law enforcement databases from data loss and theft, infection by malware and unauthorised access to data by non- authorised persons;Acknowledges that data security breaches, unauthorised access to data and unlawful surveillance are concerning citizens, therefore believes that tackling such concernrisks requires genuine, concerted cooperation between the private sector, governments, law enforcement authorities and independent data protection supervisory authorities;
Amendment 208 #
2016/2225(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WarnStresses that, owing to the intrusiveness of decisions and measures taken by law enforcement authorities - also through data processing and data analytics - in citizens’ lives and rights, maximum caution is necessary to avoid unlawful discrimination and the targeting of certain population groups, especially marginalised groups and ethnic and racial minorities;
Amendment 6 #
2016/2031(INI)
Draft opinion
Recital B
Recital B
B. whereas the adoption of the CU was originally conceived as an intermediate step towards full accession in a relatively short period, and whereas the CU is becoming increasingly less well equippedCU needs to be adapted in order to address the changing dynamics of global trade integration;
Amendment 45 #
2016/2031(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that the free movement of technical and management professionals is essential for deeper economic integration in the CU; highlights however that the free movement of above categories is only possible if requirements in terms of security and public order are met, that they don’t represent a risk of irregular migration and that they fulfil the needs of employment in both partners’ job markets; recognises that the need for visas for business travellers is perceived as being restrictive on trade in goods, and even more so in the potential event of inclusion of the provision of services in the CU;
Amendment 51 #
2016/2031(INI)
6. Considers that visa-free travel or the creation of a long-term multiple-entry visa for business travellers would have a positive impact on bilateral trade, provided that security, public order and migration requirements are fully met;
Amendment 164 #
2016/0357A(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Indeed, the Communication of 6 April 2016 identified a series of information gaps. Amongst them the fact that border authorities at external Schengen borders have no information on travellers exempt from the requirement of being in possession of a visa when crossing the external borders. The Communication of 6 April 2016 announced that the Commission would launch a study on the feasibility of establishing a European Travel Information and Authorisation System (ETIAS). Such an automated system would determine the eligibility of visa-exempt third country nationals prior to their travel to the Schengen Area, and whether such travel poses a security or, irregular migration or public health risk.
Amendment 173 #
2016/0357A(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The ETIAS should apply to third country nationals who are exempt from the visa requirement of being in possession of a visa when crossing the external bordersand to nationals who are exempt from the airport visa requirement.
Amendment 174 #
2016/0357A(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) It should also apply to third country nationals who are exempt from the visa requirement who are family members of a Union citizen to whom Directive 2004/38/EC22 applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC or a residence permit referred to under Regulation (EC) No 1030/2002. Article 21(1) of the Treaty on the Functioning of the European Union stipulates that every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect. The respective limitations and conditions are to be found in Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. _________________ 22 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.
Amendment 183 #
2016/0357A(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The ETIAS should establish a travel authorisation for third country nationals exempt from the visa requirement to be in possession of a visa when crossing the external borders ('theand for those exempt from the airport transit visa requirement'), enabling to determine whether their presence in the territory of the Member States does not pose an irregularllegal migration, security or public health risk. Holding a valid travel authorisation should be a new entry condition for the territory of the Member States, however mere possession of a travel authorisation should not confer an automatic right of entry.
Amendment 207 #
2016/0357A(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To meet its objectives, the ETIAS should provide an online application form that the applicant should fill in with declarations relating to his or her identity, travel document, residence information, contact details, education and current occupation, his or her condition of family member to EU citizens or third country nationals benefiting from free movement not holding a residence card referred to under Directive 2004/38/EC or a residence permit referred to under Regulation (EC) No 1030/2002, if the applicant is minor, identity of the responsible person and answers to a set of background questions (in particular whether or not the applicant is subject to any disease with epidemic potential as defined by the International Health Regulations of the World Health Organisation or other infectious or contagious parasitic diseases, criminal records, presence in war zones, decision to return to borders/orders to leave territory). Access to the applicants' health data should only be allowed to determine whether they represent a threat to public health.
Amendment 213 #
2016/0357A(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to finalise the application, all applicants above the age of 182 should be required to pay a fee. The payment should be managed by a bank or a financial intermediary. Data required for securing the electronic payment should only be provided to the bank or financial intermediary operating the financial transaction and are not part of the ETIAS data.
Amendment 215 #
2016/0357A(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Most of the travel authorisations should be issued within minutes, however a reduced number could take up to 72 hours. Forlonger in exceptional cases, where a request for additional information or documentation is notified to the applicant, the procedure could last up to two weeks.
Amendment 244 #
2016/0357A(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) An ETIAS watchlist should be established for identifying connections between data in an ETIAS application file and information related to persons who are suspected of having committed or taken part in an act of serious crime or terrorism, or regarding whom there are factual indications or reasonable grounds to believe that they will commit an act of serious crime or terrorism. The ETIAS watchlist should be part of the data processed by Europol in accordance with Article 18(2)(a) of Regulation (EU) 2016/794 and Europol's Integrated Data Management Concept implementing that Regulation. When providing information to Europol, Member States should be able to determine the purpose or purposes for which it is to be processed, including the possibility to limit this processing to the ETIAS watchlist.
Amendment 255 #
2016/0357A(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Issued travel authorisations should be annulled or revoked as soon as it becomes evident that the conditions for issuing it were not or are no longer met. In particular, when a new SIS alert is created for a refusal of entry or for a reported lost or, stolen or invalidated travel document, the SIS should inform the ETIAS which should verify whether this new alert corresponds to a valid travel authorisation. In such a case, the ETIAS National Unit of the Member State having created the alert should be immediately informed and revoke the travel authorisation. Following a similar approach, new elements introduced in the ETIAS watchlist shall be compared with the application files stored in the ETIAS in order to verify whether this new element corresponds to a valid travel authorisation. In such a case, the ETIAS National Unit of the Member State of first which entered these new elementrys should assess the hit and, where necessary, revoke the travel authorisation. A possibility to revoke the travel authorisation at the request of the applicant should also be provided.
Amendment 262 #
2016/0357A(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Prior to boarding, air and sea carriers, as well as international carriers transporting groups overland by coach should have the obligation to verify if travellers have all the travel documents required for entering the territory of the Member States pursuant to the Schengen Convention25. This should include verifying that travellers are in possession of a valid travel authorisation. The ETIAS file itself should not be accessible to carrieoperators. A secure internet access, including the possibility using mobile technical solutions, should allow carriers to proceed with this consultation using travel document data. _________________ 25 Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.
Amendment 267 #
2016/0357A(COD)
(32) In order to comply with the revised conditions for entry, border guards should check whether the traveller is in possession of a valid travel authorisation. Therefore, during the standard border control process, the border guard should electronically read the travel document data. This operation should trigger a query to different databases as provided under the Schengen Border Code including a query to ETIAS which should provide the up-to-date travel authorisation status. TSome of the data in the ETIAS file itself should not be accessible to the border guards for border controls so they may carry out their work efficiently. If there is no valid travel authorisation, the border guard should refuse entry and should complete the border control process accordingly. If there is a valid travel authorisation, the decision to authorise or refuse entry should be taken by the border guard.
Amendment 268 #
2016/0357A(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) As possession of a valid travel authorisation is a condition for the entry and stay of some categories of third- country nationals, the immigration authorities of the Member States should be able to consult the ETIAS Central System. The immigration authorities of the Member States should have access to certain information recorded in the ETIAS Central System, in particular for the purpose of returns. They should be able to search the ETIAS Central System using the data contained in the machine readable strip of a travel document without using specific technical equipment.
Amendment 274 #
2016/0357A(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Access to the information contained in ETIAS is necessary to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA26Directive 2017/541(EU) or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA27. In a specific investigation and in order to establish evidence and information related to a person suspected of having committed a serious crime or a victim of a crime, law enforcement authorities may need access to the data generated by ETIAS. The data stored in ETIAS may also be necessary to identify the perpetrator of a terrorist offence or other serious criminal offences, especially when urgent action is needed. Access to the ETIAS for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with the fundamental rights to respect for the private life of individuals and to protection of personal data of persons whose personal data are processed in the ETIAS. Therefore, the data in ETIAS should be retained and made available to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the strict conditions set out in this Regulation in order for such access to be limited to what is strictly necessary for the prevention, detection and investigation of terrorist offences and serious criminal offences in accordance with the requirements notably laid down in the jurisprudence of the Court, in particular in the Digital Rights Ireland case28. _________________ 26 Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002, p. 6). 27 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1). 28 Judgment of the Court (Grand Chamber) of 8 April 2014 in joined cases C-293/12 and C-594/12 Digital Rights Ireland Ltd, ECLI:EU:C:2014:238.
Amendment 277 #
2016/0357A(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In particular, access to ETIAS data for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences should only be granted following a reasoned request by the competent authorities giving reasons for its necessity. Member States should ensure that any such request for access to data stored in ETIAS be the subject of a prior review by a court or by an authority providing guarantees of full independence and impartiality, and which is free from any direct or indirect external influence. However, in situations of extreme urgency, it can be crucial for the competent authorities to obtain immediately personal data necessary for preventingWhen it is essential that the competent authorities obtain immediately personal data necessary to avert a terrorist act or an imminent danger associated with the commission of a serious crime or sto thatprosecute its perpetrators can be prosecuted. In such cases, it should be accepted that the review of the personal data obtained from ETIAS takes placeis reviewed as swiftly as possible after access to such data has been granted to the competent authorities.
Amendment 279 #
2016/0357A(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) It is therefore necessary to designate the competent authorities of the Member States that are authorised to request such access for the specific purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences.
Amendment 285 #
2016/0357A(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To exclude systematic searches, the processing of data stored in the ETIAS Central System should take place only in specific cases and only when it is necessary for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences. The designated authorities and Europol should only request access to ETIAS when they have reasonable grounds to believe that such access will provide information that will substantially assist them in preventing, detecting or investigating a terrorist offence or other serious criminal offence. The law enforcement authorities and Europol should only request access to the ETIAS if prior searches in all relevant national databases of the Member State and databases at Europol did not lead to the requested information.
Amendment 292 #
2016/0357A(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The personal data recorded in the ETIAS should be kept for no longer than is necessary for its purposes. In order for the ETIAS to function, it is necessary to keep the data related to applicants for the period of validity of the travel authorisation. In order to assess the security, irregular migration and public health risks posed by the applicants it is necessary to keep the personal data for five years from the last entry/exit record of the applicant stored in the EES. In fact, the ETIAS should rely on accurate preliminary assessments of the security, public health and irregular migration risks, notably through the use of the screening rules. In order to constitute a reliable basis for the manual risk assessment by the Member States, and reduce to the minimum the occurrence of hits not corresponding to real risks ('false positives'), the hits resulting from screening rules based on statistics generated by ETIAS data itself need to be representative of a sufficiently broad population. This cannot be achieved exclusively on the basis of the data of the travel authorisations in their validity period. The retention period should start from the last entry/exit record of the applicant stored in the EES, since that constitutes the last actual use of the travel authorisation. A retention period of five years corresponds to the retention period of an EES record with an entry authorisation granted on the basis of an ETIAS travel authorisation or a refusal of entry. This synchronisation of retention periods ensures that both the entry/exit record and the related travel authorisation are kept for the same duration and is an additional element ensuring the future interoperability between ETIAS and EES. This synchronisation of data retention periods is necessary to allow the competent authorities to perform the risk analysis requested by the Schengen Borders Code. A decision to refuse, revoke or annul a travel authorisation could indicate a higher security or, irregular immigration or public health risk posed by the applicant. Where such a decision has been issued, the 5 years retention period for the related data should start from its date of issuance, in order for ETIAS to be able to take accurately into account the higher risk possibly posed by the applicant concerned. After the expiry of such period, the personal data should be deleted.
Amendment 297 #
2016/0357A(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) [Regulation (EU) 2016/679]31 applies to the processing of personal data by the Member States in application of this Regulation unless such processing is carried out by the designated or verifying authorities of the Member States for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offencesauthorities of the Member States within the scope of Directive (EU) 2016/680. _________________ 31 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Amendment 302 #
2016/0357A(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to assess the security, irregular migration or public health risk which could be posed by a traveller, interoperability between the ETIAS Information System and other EU information systems consulted by ETIAS such as the Entry/Exit System (EES), the Visa Information System (VIS), the Europol data, the Schengen Information System (SIS), the Eurodac and the European Criminal Records Information System (ECRIS) should have to be established. However this interoperability can only be fully ensured once the proposals to establish the EES33, the ECRIS34 and the recast proposal of the Eurodac Regulation35 have been adopted. _________________ 33 Proposal for a Regulation of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) COM(2016) 194 final. 34 Proposal for a Directive of the European Parliament and of the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA. 35 Proposal for a Regulation of the European Parliament and of the Council on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of [Regulation (EU) No 604/2013 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], for identifying an illegally staying third-country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast) COM(2016) 272 final.
Amendment 327 #
2016/0357A(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) The revenue generated by the payment of travel authorisation fees should be assigned to cover the recurring operational and maintenance costs of the ETIAS Information System, of the ETIAS Central Unit and of the ETIAS National Units. In view of the specific character of the system, it is appropriate to treat the revenue as exinternal assigned revenue.
Amendment 329 #
2016/0357A(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a 'European Travel Information and Authorisation System' (ETIAS) for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement'), or transiting through an airport, enabling to determine whether their presence in the territory of the Member States does not pose an irregular migration, security or public health risk. For this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced.
Amendment 337 #
2016/0357A(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Regulation applies to the following categories of third country nationals exempt from the visa requirement:
Amendment 338 #
2016/0357A(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) nationals of third countries listed in Annex II to Council Regulation (EC) No 539/200148 who are exempt from the visa requirement for airports transits or intended stays in the territory of the Member States of a duration of no more than 90 days in any 180 day period; _________________ 48 OJ L 81, 21.3.2001, p. 1.
Amendment 339 #
2016/0357A(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) nationals of third countries who are not required to be in possession of an airport transit visa when passing through the transit areas of airports situated on the territory of one or more Member States.
Amendment 343 #
2016/0357A(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c – introductory part
Article 2 – paragraph 1 – point c – introductory part
(c) third country nationals who are exempt from the visa requirement and who fulfil the following conditions:
Amendment 344 #
2016/0357A(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c – point ii
Article 2 – paragraph 1 – point c – point ii
ii) they do not hold a residence card referred to under Directive 2004/38/EC or a residence permit referred to under Regulation (EC) No 1030/2002.
Amendment 346 #
2016/0357A(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) third country nationals who are members of the family of nationals of a third country enjoying the right of free movement under Union law and who hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002;
Amendment 348 #
2016/0357A(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) holders of national long-stay visas;
Amendment 353 #
2016/0357A(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) 'travel authorisation' means a decision issued in accordance with this Regulation indicating that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses or will pose an irregular migration, security or public health risk and which is a requirement for third country nationals referred to in Article 2 to fulfil the entry condition laid down in Article 6(1)(b) of Regulation (EU) 2016/399.
Amendment 368 #
2016/0357A(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) 'terrorist offences' mean the offences which correspond or are equivalent to those referred to in Articles 1 to 4 of Framework Decision 2002/475/JHADirective (EU) 2017/541;
Amendment 375 #
2016/0357A(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The definitions set out in Article 3 of [Directive (EU) 2016/680] shall apply in so far as personal data are processed by the authorities of the Member States for law enforcement purpospurposes of prevention, detection and investigation of terrorist offences or serious criminal offences.
Amendment 411 #
2016/0357A(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
Article 8 – paragraph 2 – point b a (new)
(ba) deciding to issue a travel authorisation with limited territorial validity under Article 38 of this Regulation;
Amendment 415 #
2016/0357A(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e a (new)
Article 8 – paragraph 2 – point e a (new)
(ea) annulling and revoking a travel authorisation pursuant to Articles 34 and 35 of this Regulation;
Amendment 436 #
2016/0357A(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Interoperability between the ETIAS Information System and other European information systems consulted by ETIAS such as [the Entry/Exit System (EES)], the Visa Information System (VIS), the Europol data, the Schengen Information System (SIS), [the Eurodac] and [the European Criminal Records Information System (ECRIS)] shall be established to enable carrying out the risk assessment referred to in Article 18.
Amendment 442 #
2016/0357A(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Access by border guards to the ETIAS Central System in accordance with Article 41 shall be limited to searching the ETIAS Central System to obtain the travel authorisation status of a traveller present at an external border crossing point, and to certain data referred to in Article 41(2).
Amendment 466 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Each applicant shall submit a completed application form including a declaration of authenticity, completeness and reliability of the data submitted and a declaration of veracity and reliability of the statements made. All applicants shall declare that they have understood the entry conditions laid down in Regulation (EU) No 2016/399 of the European Parliament and of the Council. Minors shall submit an application form electronically signed by a person exercising permanent or temporary parental authority or legal guardianship.
Amendment 471 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point e
Article 15 – paragraph 2 – point e
(e) the date of issue and date of expiry of the validity of the travel document;
Amendment 484 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point i
Article 15 – paragraph 2 – point i
(i) current occupation and, for students, the name of the educational establishment;
Amendment 489 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point k
Article 15 – paragraph 2 – point k
(k) for minors, surname and first name(s), home address, email address and telephone number of the applicant's parental authority or legal guardian;
Amendment 498 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The applicant shall choose the level and field of education, the current occupation and, the job title and the purpose of the stay from a predetermined list. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to lay down these predetermined lists.
Amendment 509 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) whether he or she has ever been convicted of any criminalserious criminal offence or any terrorist offence in any country;
Amendment 534 #
2016/0357A(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A travel authorisation fee of EUR 510 shall be paid by the applicant for each application.
Amendment 540 #
2016/0357A(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The travel authorisation fee shall be waived for children under eighteen12 years.
Amendment 560 #
2016/0357A(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point m a (new)
Article 18 – paragraph 2 – subparagraph 2 – point m a (new)
(ma) where the applicant is a minor, whether the parental authority or legal guardian: (i) is subject to an alert in the SIS as a person wanted for arrest or for surrender or extradition purposes under a European arrest warrant; (ii) is subject to a refusal of entry alert recorded in the SIS.
Amendment 576 #
2016/0357A(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where the automated processing laid down in Article 18(2) to (5) does not report any hit, the ETIAS Central System shall automatically issue a travel authorisation in accordance with Article 30 and shall immediately notify the applicant as soon as possible in accordance with Article 32.
Amendment 619 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 624 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where the automated processing laid down in Article 18(2) to (5) reported one or several hit(s), the application shall be processed manually by the ETIAS National Unit of the responsible Member State. The ETIAS National Uat unit shall have access to the application file and the linked application file(s), if any, as well as to all the hits triggered during the automated processing laid down in Article 18(2) to (5). The ETIAS Central Unit shall inform the ETIAS National Unit of the responsible Member State whether one or more Member States or, possibly, Europol entered the relevant data that triggered one or more hits in accordance with Article 18(2). Where one or more Member States have been identified as having entered the relevant data that triggered the hit or hits concerned, the ETIAS Central Unit shall name the Member States involved.
Amendment 659 #
2016/0357A(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 686 #
2016/0357A(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The ETIAS National Unit of the Member States consulted shall reply within 248 hours from the date of the notification of the consultation. The failure by Member States to reply within the deadline shall be considered as a positive opinion on the application.
Amendment 695 #
2016/0357A(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Europol shall reply within 248 hours of the date of the notification of the consultation. The failure by Europol to reply within the deadline shall be considered as a positive opinion on the application.
Amendment 704 #
2016/0357A(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Applications shall be decided on no later than 7284 hours after the lodging of an application which is admissible in accordance with Article 17.
Amendment 780 #
2016/0357A(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. A travel authorisation shall be valid for fivetwo years or until the end of validity of the travel document registered during application, whichever comes first, and shall be valid for the territory of the Member States.
Amendment 782 #
2016/0357A(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. A travel authorisation shall not confer an automatic right of entry or right to stay.
Amendment 814 #
2016/0357A(COD)
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. Where a travel authorisation has been refused, the applicant shall immediately receive a notification as soon as possible via the e- mail service including:
Amendment 839 #
2016/0357A(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
(b) a reference to the authorETIAS National Unity that revoked or annulled the travel authorisation and its location;
Amendment 844 #
2016/0357A(COD)
Proposal for a regulation
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. Where a decision has been taken to annul or to revoke a travel authorisation, the Member StateETIAS National Unit responsible for the revocation or annulment of the travel authorisation shall add the following data to the application file:
Amendment 845 #
2016/0357A(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point b
Article 37 – paragraph 1 – point b
(b) a reference to the authorETIAS National Unity that revoked or annulled the travel authorisation and its location;
Amendment 849 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. A travel authorisation with limited territorial validity may be issued exceptionally, when the Member State concerned considers it necessary on humanitarian grounds, in accordance with national law, for reasons of national interest or because of international obligations notwithstanding the fact that the manual assessment process pursuant to Article 22 is not yet completed or that a travel authorisation has been refused, annulled or revoked.
Amendment 873 #
2016/0357A(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. In accordance with Article 26 of the Convention Implementing the Schengen Agreement carriers shall consult the ETIAS Central System in orderAir carriers, sea carriers and international carriers carrying groups overland by coach shall be obliged to verify whether or not third country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation.
Amendment 877 #
2016/0357A(COD)
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1
Article 39 – paragraph 2 – subparagraph 1
A secure internet access to the carrier gateway, including the possibility to use mobile technical solutions, referred to in Article 6(2)(h) shall allow carriers to proceed with the consultation referred to in paragraph 1 prior to the boarding of a passenger. For this purpose, the carrier shall be permitted to consultsend a request for verification to the ETIAS Central System using the data contained in the machine readable zone of the travel document.
Amendment 880 #
2016/0357A(COD)
Proposal for a regulation
Article 39 – paragraph 3 a (new)
Article 39 – paragraph 3 a (new)
3a. If a third-country national’s application for entry is refused, any carrier which has brought him or her by air, sea or land to the external border of the Union shall be obliged forthwith to take charge of that national again. At the request of the competent authorities which carried out border checks, the carrier shall be obliged to return the third-country national whose entry has been refused to the third country of origin or to the third country which issued the travel document.
Amendment 882 #
2016/0357A(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. For the sole purpose of verifying whether the person has a valid travel authorisation the authorities competent for carrying out checks at external border crossing points in accordance with Regulation (EU) 2016/399 shall be permitted toThe border guards competent for carrying out border checks shall consult the ETIAS Central System using the data contained in the machine readable zone of the travel document.
Amendment 885 #
2016/0357A(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation. and, in the case of a visa with limited territorial validity, the Member State in which that visa is valid;
Amendment 891 #
2016/0357A(COD)
Proposal for a regulation
Chapter 8 a (new)
Chapter 8 a (new)
CHAPTER VIIIa Use of ETIAS by the migration authorities Article 42a Access to data for the purpose of migration controls 1. For the purpose of verifying whether a person meets the conditions for entering and staying in the territory of the Member States and for the purpose of taking appropriate measures, the migration authorities of the Member States shall be authorised to search the ETIAS Central System, using the data contained in the machine-readable zone of the travel document. 2. The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation and, in the case of a visa with limited territorial validity, shall specify the Member State in which the visa is valid; The ETIAS Central System shall also indicate the remaining period of validity. The migration authorities shall have access to the information referred to in Article 15 (2) (f) and (g) and to any other relevant additional document or information. For minors, the migration authorities shall have access to information concerning the parental authority or legal guardian of the applicant referred to in Article 15 (2) (k).
Amendment 906 #
2016/0357A(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. In an exceptional case of urgency, where there is a needWhere it is essential to immediately obtain the personal data necessary for preventing an act of terrorism or an imminent risk associated with the commission of a serious criminal offence or for prosecuting its perpetrators, the central access point shall process the request immediately and without the independent verification provided in paragraph 2. An ex -post independent verification shall take place without undue delay after the processing of the request, including whether an exceptional case of urgency actually existed.
Amendment 942 #
2016/0357A(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
(b) [five years from the last entry/exit record of the applicant stored in the EES; or]
Amendment 959 #
2016/0357A(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. [Regulation 2016/679] shall apply to the processing of personal data by the ETIAS National Units, the border guards competent for carrying out border checks and the migration authorities.
Amendment 964 #
2016/0357A(COD)
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. [Directive (EU) 2016/680] shall apply to the processing of personal data by Member States designated authorities for the purposes of Article 1(2).
Amendment 977 #
2016/0357A(COD)
Proposal for a regulation
Article 54 – paragraph 2 – subparagraph 3
Article 54 – paragraph 2 – subparagraph 3
Where a travel authorisation is amended by the ETIAS Central Unit or an ETIAS National Unit during its validity period, the ETIAS Central System shall carry out the automated processing laid down in Article 18 to determine whether the amended application file triggers a hit pursuant to Article 18(2) to (5). Where the automated processing does not report any hit, the ETIAS Central System shall issue an amended travel authorisation with the same validity of the original and notify the applicant. Where the automated processing reports one or several hit(s), the ETIAS National Unit of the Member State of first entry as declared by the applicant in accordance with Article 15(2)(j)responsible shall assess the irregular migration, security or public health risk and shall decide whether to issue an amended travel authorisation or, where it concludes that the conditions for granting the travel authorisation are no longer met, revoke the travel authorisation.
Amendment 984 #
2016/0357A(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Personal data accessed from the ETIAS Central System by a Member State or byEuropol for the purposes referred to in Article 1(2) shall not be transferred or made available to any third country, international organisation or private entity established in or outside the Union. The prohibition shall also apply if those data are further processed at national level or between Member States.
Amendment 987 #
2016/0357A(COD)
Proposal for a regulation
Article 55 – paragraph 2 a (new)
Article 55 – paragraph 2 a (new)
2a. By way of derogation from paragraph 1, the data consulted in the ETIAS Central System by the migration authorities pursuant to Article 42a(2) may be transferred to a third country for individual cases, if necessary for the purpose of return, only where the following conditions are satisfied: (a) The Commission has adopted an adequacy decision with regard to the protection of personal data with the third country referred to in accordance with Article 45 (3) of Regulation (EU) 2016/679 where important reasons of public interest justify it in accordance with Article 49 (1) (d) of Regulation (EU) 2016/679; (b) The Member State shall inform the third country concerned of the obligation to use the data only for the purposes for which they were transferred; (c) the data shall be transferred or made available in accordance with the relevant provisions of Union law regarding transfers of personal data and the national law of the Member State which has transferred or made available the data, including the relevant legal provisions regarding data security and data protection;
Amendment 988 #
2016/0357A(COD)
Proposal for a regulation
Article 55 – paragraph 2 b (new)
Article 55 – paragraph 2 b (new)
Amendment 1017 #
2016/0357A(COD)
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 2
Article 63 – paragraph 3 – subparagraph 2
eu-LISA, in cooperation with the Member States, shall define the design of the physical architecture of the system including its Communication Infrastructure as well as the technical specifications and their evolution as regards the Central System, the and the National Uniform Interfaces, which shall be adopted by the Management Board, subject to a favourable opinion of the Commission. eu- LISA shall also implement any necessary adaptations to the EES, SIS, Eurodac, ECRIS or VIS deriving from the establishment of interoperability with the ETIAS.
Amendment 1062 #
2016/0357A(COD)
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
The revenues generated by the ETIAS shall constitute exinternal assigned revenue in accordance with Article 21(4) of Regulation (EU, EURATOM) No 966/2012.
Amendment 52 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication and/or an act of reproduction to the public, they are obliged to conclude licensing agreements with rightholders requiring so, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . __________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 67 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement or to prevent the unauthorized availability on their services of copyright protected works or other subject-matter identified by rightholders, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject- matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC. Such licensing agreements should also cover the content uploaded by users of these services, as well as their liability, including where they perform an act of reproduction to the public and/or an act of communication to the public, insofar they act on a non-professional basis.
Amendment 79 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement. In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council1a, those technologies should not require the identification of individual users and the processing of their personal data. __________________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 105 #
2016/0280(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and giving access to large amounts of works and other subject-matter uploaded by their users
Amendment 107 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to large amounts ofcopyright protected works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning ofgo beyond the mere provision of physical facilities and perform an act of communication to the public. They shall accordingly conclude licensing agreements with rightholders so requesting, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC. Under the terms of the licensing agreements concluded with rightholders for the use of their works or other subject-matter or, information society service providers shall, in cooperation with rightholders, take measures to ensure the functioning of such agreements for the use of their works or other subject-matter. Licensing agreements concluded by the information society service providers shall cover the liability of their users, provided that users are not acting in a professional capacity. Information society service providers shall take appropriate measures to prevent the availability on their services of copyright protected works or other subject- matter identified by rightholders through the cooperation with the service providers, where those providers fall under one of the following categories: (a) they play an active part but are not required by rightholders to conclude a licensing agreement for works and other subject-matter stored by them and to which they provide public access or; (b) they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC but store and provide to the public access to copyright protected works or other subject-matter. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate and timely reporting on the recognition and use of the works and other subject-matter. Rightholders shall provide information society service providers with all relevant and necessary details to ensure the functioning of measures taken by the service providers.
Amendment 120 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1. Any complaint filed under such mechanisms shall be processed by the relevant rightholder within a reasonable period of time. The rightholder shall provide evidence for the rights being claimed.
Amendment 129 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments. In cooperation with the Member States, the Commission shall encourage the exchange of best practices across the Union regarding the results of any cooperation established pursuant to this Article.
Amendment 135 #
2016/0280(COD)
Proposal for a directive
Title IV – Chapter 2 a (new)
Title IV – Chapter 2 a (new)
CHAPTER 2a Protection of audiovisual authors for the making available of their works
Amendment 137 #
2016/0280(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a 1. Member States shall ensure that whenever an audiovisual author or performer transfers his/her right to a producer to authorise or to prohibit the making available of that work to the public, that author shall retain the right to obtain equitable remuneration for making such work available, provided that these measures are not included in the initial contract. 2. The right to equitable remuneration shall be proportionate to the revenues generated by the exploitation of the work. 3. The right to equitable remuneration shall be non-transferable and may not be waived.
Amendment 192 #
2016/0224(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU
Amendment 193 #
2016/0224(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The objective of this RegulationDirective is to streamline, simplify and harmonisebring together the procedural arrangements of the Member States by establishing a common procedure for international protection in the Union. To meet that objective, a number of substantive changes are made to Directive 2013/32/EU of the European Parliament and of the Council22 and that Directive should be repealed and replaced by a Regulation. References to the repealed Directive shouldtherefore be replaced. References to Directive 2013/32/EEC shall be construed as references to this RegulationDirective. _________________ 22 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast) (OJ L180, 29.6.2013, p. 60).
Amendment 202 #
2016/0224(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A common procedure for granting and withdrawing international protection should limit the secondary movements of applicants for international protection between Member States, where such movements would be caused by differences in legal frameworks, by replacing the current discretionary provisions withproposing more closely harmonised rules and by clarifying the rights and obligations of applicants and the consequences of non-compliance with those obligations, and create equivalent conditions for the application of Regulation (EU) No XXX/XXX (Qualification Regulation) in Member States.26 _________________ 26 THIS FOOTNOTE IS MISSING. THANK YOU FOR USING ANOTHER LANGUAGE.
Amendment 206 #
2016/0224(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) This RegulationDirective should apply to all applications for international protection made in the territory of the Member States, including those made at the external border, on the territorial sea or in the transit zones of Member States, and the withdrawal of international protection. Persons seeking international protection who are present on the territorial sea of a Member State should be disembarked on land and have their applications examined in accordance with this RegulationDirective.
Amendment 211 #
2016/0224(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This RegulationDirective should apply to applications for international protection in a procedure where it is examined whether the applicants qualify as beneficiaries of international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation). In addition to the international protection, the Member States may also grant under their national law other national humanitarian statuses to those who do not qualify for the refugee status or subsidiary protection status. In order to streamline the procedures in Member States, the Member States should have the possibility to apply this RegulationDirective also to applications for any kind of such other protection.
Amendment 213 #
2016/0224(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) With respect to the treatment of persons falling within the scope of this RegulationDirective, Member States are bound by obligations under instruments of international law to which they are party .
Amendment 217 #
2016/0224(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The resources of the Asylum, Migration and Integration Fund should be mobilised to provide adequate support to Member States' efforts in applying this RegulationDirective, in particular to those Member States which are faced with specific and disproportionate pressures on their asylum and reception systems.
Amendment 221 #
2016/0224(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The European Union Agency for Asylum should provide Member State with the necessary operational and technical assistance in the application of this RegulationDirective, in particular by providing experts to assist national authorities to receive, register, and examine applications for international protection and by providing updated information on third countries, including country of origin information and guidance on the situation in specific countries of origin. When applying this RegulationDirective, Member States should take into account operational standards, indicators, guidelines and best practices developed by the European Union Agency for Asylum.
Amendment 230 #
2016/0224(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) TBefore the determining authority takes a decision, the applicant should be provided withhave an effective opportunity to present all relevant elements at his or her disposal to the determining authority. For this reason, the applicant should, subject to limited exceptions, enjoy the right to be heard through a personal interview on the admissibility or on merits of his or her application, as appropriate. For the right to a personal interview to be effective, the applicant should be assisted by an interpreter and be given the opportunity to provide his or explanations concerning the grounds for his or her application in a comprehensive manner. The applicant should be given sufficient and reasonable time to prepare and consult with his or her legal adviser or counsellor, and he or she may be assisted by the legal adviser or counsellor during the interview. The personal interview should be conducted under conditions which ensure appropriate confidentiality and by adequately trained and competent personnel, including where necessary, personnel from authorities of other Member States or experts deployed by the European Union Agency for Asylum. The personal interview may only be omitted when the determining authority is to take a positive decision on the application or is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstance beyond his or her control. Given that the personal interview is an essential part of the examination of the application, the interview should be recorded and the applicants and their legal advisers should be given access to the recording, as well as to the report or transcript of the interview before the determining authority takes a decision, or in the case of an accelerated examination procedure, at the same time as the decision is made.
Amendment 236 #
2016/0224(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) It is in the interests of both Member States and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information and legal support which leads to more efficient and better quality decision-making. For that purpose, access to legal assistance and representation should be an integral part of the common procedure for international protection. In order to ensure the effective protection of the applicant's rights, particularly the right of defence and the principle of fairness, and to ensure the economy of the procedure, applicants should, upon their request and subject to conditions set out in this RegulationDirective, be provided with free legal assistance and representation during the administrative procedure and in the appeal procedure. The free legal assistance and representation should be provided by persons competent to provide them under national law.
Amendment 244 #
2016/0224(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure that the identification of applicants in need of special procedural guarantees takes place as early as possible, the personnel of the authorities responsible for receiving and registering applications should be adequately trained to detect signs of vulnerability signs and they should receive appropriate instructions for that purpose. Further measures dealing with identification and documentation of symptoms and signs of torture or other serious acts of physical or psychological violence, including acts of sexual violence, in procedures covered by this RegulationDirective should, inter alia, be based on the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol).
Amendment 261 #
2016/0224(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Access to the common procedure should be based on a three-step approach consisting of the making, registering and lodging of an application. Making an application is the first step that triggers the application of this RegulationDirective. A third- country national or stateless person is considered to have made an application when expressing a wish to receive international protection from a Member State. Such a wish may be expressed in any form and the individual applicant need not necessarily use specific words such as international protection, asylum or subsidiary protection. The defining element should be the expression by the third county national or the stateless person of a fear of persecution or serious harm upon return to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence. In case of doubt whether a certain declaration may be construed as an application for international protection, the third-country national or stateless person should be expressly asked whether he or she wishes to receive international protection. The applicant should benefit from rights under this Regulation and Directive XXX/XXX/EU (Reception Conditions Directive)27 as soon as he or she makes an application. _________________ 27 OJ L […], […], p. […].
Amendment 283 #
2016/0224(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) To be able to fulfil their obligations under this RegulationDirective, the personnel of the authorities responsible for receiving and registering applications should have appropriate knowledge and should receive the necessary training in the field of international protection, including with the support of the European Union Agency for Asylum. They should also be given the appropriate means and instructions to effectively perform their tasks.
Amendment 291 #
2016/0224(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) This RegulationDirective should provide for the possibility that applicants lodge an application on behalf of their spouse, partner in a stable and durable relationship, dependant adults and minors. This option allows for the joint examination of those applications. The right of each individual to seek international protection is guaranteed by the fact that if the applicant does not apply on behalf of the spouse, partner, dependant adult or minor within the set time-limit for lodging an application, the spouse or partner may still do in his or her own name, and the dependant adult or minor should be assisted by the determining authority. However, if a separate application is not justified, it should be considered as inadmissible.
Amendment 294 #
2016/0224(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) To ensure that unaccompanied minors have effective access to the procedure, they should always be appointed a guardian. The guardian should be a person or a representative of an organisation appointed to assist and guide the minor through the procedure with a view to safeguard the best interests of the child as well his or her general well-being. Where necessary, the guardian should exercise legal capacity for the minor. In order to provide effective support to the unaccompanied minors, guardians should not be placed in charge of a disproportionalimited number of unaccompanied minors at the same time. Member States should appoint entities or persons responsible for the support, supervision and monitoring of the guardians in the performance of their tasks. An unaccompanied minor should lodge an application in his or her own name or through the guardian. In order to safeguard the rights and procedural guarantees of an unaccompanied minor, the time-limit for him or her to lodge an application should start to run from when his or her guardian is appointed and they meet. Where the guardian does not lodge the application within the set time limit, the unaccompanied minor should be given an opportunity to lodge the application on his or her name with the assistance of the determining authority. The fact that an unaccompanied minor chooses to lodge an application in his or her own name should not preclude him or her from being assigned a guardian.
Amendment 298 #
2016/0224(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to guarantee the rights of the applicants, decisions on all applications for international protection should be taken on the basis of the facts, objectively, impartially and on an individual basis after a thorough examination which takes into account all the elements provided by the applicant and the individual circumstances of the applicant. To ensure a rigorous examination of an application, the determining authority should take into account relevant, accurate and up-to-date information relating to the situation in the country of origin of the applicant obtained from the European Union Agency for Asylum and other sources such as the United Nations High Commissioner for Refugees. The determining authority should also take into account any relevant common analysis of country of origin information developed by the European Union Agency for Asylum. Any postponement of concluding the procedure should fully comply with the obligations of the Member States under Regulation (EU) No XXX/XXX (Qualification Regulation) and with the right to good administration, without prejudice to the efficiency and fairness of the procedure under this RegulationDirective.
Amendment 330 #
2016/0224(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The examination of an application should be accelerated and completed within a maximum of two months in those instances where an application is manifestly unfounded because it is an abusive claim, including where an applicant comes from a safe country of origin or an applicant is making an application merely to delay or frustrate the enforcement of a removal decision, or where there are serious national security or public concerns, such as membership of a criminal or terrorist organisation, where the applicant does not apply for international protection in the first Member State of entry or in the Member State of legal residence or where an applicant whose application is under examination and who made an application in another Member State or who is on the territory of another Member State without a residence document is taken back under the Dublin Regulation. In the latter case, the examination of the application should not be accelerated if the applicant is able to provide substantiated justifications for having left to another Member State without authorisation, for having made an application in another Member State or for having otherwise been unavailable to the competent authorities, such as for instance that he or she was not informed adequately and in a timely manner of his or her obligations. Furthermore, an accelerated examination procedure may be applied to unaccompanied minors only within the limited circumstances set out in this Regulation. This accelerated examination should ensure swift return of third country nationals who are declared ineligible for international protection.
Amendment 340 #
2016/0224(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The notion of public order may, inter alia, cover a conviction of having committed a serious crime. The notions of national security and public order also covers serious crimes, such association with a criminal organisation, acts of terrorism, and trafficking in human beings.
Amendment 360 #
2016/0224(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) A key consideration as to whether an application for international protection is well-founded is the safety of the applicant in his or her country of origin. Having regard to the fact that Regulation (EU) No XXX/XXX (Qualification Regulation) aims to achieve a high level of convergence on the qualification of third- country nationals and stateless persons as beneficiaries of international protection, this RegulationDirective establishes common criteria for designating third countries as safe countries of origin and, in view of the need to strengthen the application of the safe country of origin concept as an essential tool to support the swift processing of applications that are likely to be unfounded, this RegulationDirective sets out an EU common list of safe countries of origin.
Amendment 369 #
2016/0224(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) As regards the designation of safe third countries at Union level, this RegulationDirective provides for having such a designation. Third countries should be designated as safe third countries at Union level by means of an amendment to this RegulationDirective based on the conditions set out in this Regulation and after carrying out a detailed evidence-based assessment involving substantive research and broad consultation with Member States and relevant stakeholders.
Amendment 395 #
2016/0224(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission, with the assistance of the European Union Agency for Asylum, should regularly review the situation in third countries that have been removed from the EU common list of safe countries of origin or safe third countries, including where a Member State notifies the Commission that it considers, based on a substantiated assessment, that, following changes in the situation of that third country, it fulfils again the conditions set out in this RegulationDirective for being designated as safe. In such a case, Member States could only designate that third country as a safe country of origin or a safe third country at the national level as long as the Commission does not raise objections to that designation. Where the Commission considers that these conditions are fulfilled, it may propose an amendment to the designation of safe third countries at Union level or to the EU common list of safe countries of origin so as to add the third country.
Amendment 414 #
2016/0224(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) This RegulationDirective is without prejudice to Member States' position on the status of Kosovo, which will be decided in accordance with their national practice and international law. In addition, none of the terms, wording or definitions used in this RegulationDirective constitute recognition of Kosovo by the Union as an independent State nor does it constitute recognition by individual Member States of Kosovo in that capacity where they have not taken such a step. In particular, the use of the term "countries" does not imply recognition of statehood.
Amendment 435 #
2016/0224(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) For an applicant to be able to exercise his or her right to an effective remedy, he or she should be allowed to remain on the territory of a Member State until the time-limit for lodging a first level of appeal expires, and when such a right is exercised within the set time-limit, pending the outcome of the remedy. It is only in limited cases set out in this RegulationDirective that the suspensive effect of an appeal is not automatic and where the applicant would need to request the court or tribunal to stay the execution of a return decision or the court would act of its own motion to this effect. Where an exception is made to the right to a remedy with automatic suspensive effect, the applicant's rights of defence should be adequately guaranteed by providing him or her with the necessary interpretation and legal assistance, as well as by allowing sufficient time for the applicant to prepare and submit his or her request to the court or tribunal. Furthermore, in this framework, the court or tribunal should be able to examine the decision refusing to grant international protection in terms of fact and law. The applicant should be allowed to remain on the territory pending the outcome of the procedure to rule on whether or not he or she may remain. However, that decision should be taken within one month.
Amendment 437 #
2016/0224(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) In accordance with Article 72 of the Treaty on the Functioning of the European Union, this Regulation (TFEU), this Directive does not affect 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 445 #
2016/0224(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) In order to ensure uniform conditions for the implementation of this RegulationDirective, in particular as regards the provision of information, documents to the applicants and measures concerning applicants in need of special procedural guarantees including minors, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council34 of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers. _________________ 34 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 449 #
2016/0224(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) In order to address sudden changes for the worse in a third country designated as a safe third country at Union level or included in the EU common list of safe countries of origin, 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 designation of that third country as safe third country at Union level or the presence of that third country from the EU common list of safe countries of origin for a period of six months where the Commission considers, on the basis of a substantiated assessment, that the conditions set by this RegulationDirective are no longer met. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter- institutional Agreement on Better Law- Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 451 #
2016/0224(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) This RegulationDirective does not deal with procedures between Member States governed by Regulation (EU) No XXX/XXX (Dublin Regulation).
Amendment 453 #
2016/0224(COD)
(74) This RegulationDirective should apply to applicants to whom Regulation (EU) No XXX/XXX (Dublin Regulation) applies, in addition and without prejudice to the provisions of that Regulation.
Amendment 456 #
2016/0224(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) The applicimplementation of this RegulationDirective should be evaluated at regular intervals.
Amendment 458 #
2016/0224(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) Since the objective of this Regulation, namely to establish a common procedure for granting and withdrawing international protection, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarIn accordance with the principle of proportionality, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation, this Directive does not go beyond what is necessary in order to achieve thatits objectives.
Amendment 460 #
2016/0224(COD)
Proposal for a regulation
Recital 77 – paragraph 1
Recital 77 – paragraph 1
[In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States have notified their wish to take part in the adoption and application of this RegulationDirective]
Amendment 462 #
2016/0224(COD)
Proposal for a regulation
Recital 77 – paragraph 3
Recital 77 – paragraph 3
[In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this RegulationDirective and are not bound by it or subject to its application.]
Amendment 464 #
2016/0224(COD)
Proposal for a regulation
Recital 77 – paragraph 5
Recital 77 – paragraph 5
Amendment 466 #
2016/0224(COD)
Proposal for a regulation
Recital 77 – paragraph 6
Recital 77 – paragraph 6
Amendment 468 #
2016/0224(COD)
Proposal for a regulation
Recital 77 – paragraph 8
Recital 77 – paragraph 8
[(XX) In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified (, by letter of ...,) its wish to take part in the adoption and application of this RegulationDirective.
Amendment 470 #
2016/0224(COD)
Proposal for a regulation
Recital 77 – paragraph 9
Recital 77 – paragraph 9
Amendment 472 #
2016/0224(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this RegulationDirective and is not bound by it or subject to its application.
Amendment 473 #
2016/0224(COD)
Proposal for a regulation
Recital 79
Recital 79
(79) This RegulationDirective respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this RegulationDirective seeks to ensure full respect for human dignity and to promote the application of Articles 1, 4, 8, 18, 19, 21, 23, 24, and 47 of the Charter.
Amendment 476 #
2016/0224(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This RegulationDirective establishes a common procedure for granting and withdrawing international protection referred to in Regulation (EU) No XXX/XXX (Qualification Regulation).
Amendment 478 #
2016/0224(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This RegulationDirective applies to all applications for international protection made in the territory of the Member States, including at the external border, in the territorial sea or in the transit zones of the Member States, and to the withdrawal of international protection.
Amendment 481 #
2016/0224(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This RegulationDirective does not apply to applications for international protection and to requests for diplomatic or territorial asylum submitted to representations of Member States.
Amendment 484 #
2016/0224(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States may decide to apply this RegulationDirective to applications for protection to which Regulation (EU) No XXX/XXX (Qualification Regulation) does not apply.
Amendment 487 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. For the purposes of this RegulationDirective, the following definitions referred to in Article 2 of Regulation (EU) No XXX/XXX (Qualification Regulation) apply:
Amendment 499 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) 'applicant in need of special procedural guarantees' means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this RegulationDirective is limited due to individual circumstances;
Amendment 512 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
(f) 'guardian' means a person or an organisation appointed to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her general well-being in procedures provided for in this RegulationDirective and exercising legal capacity for the minor where necessary;
Amendment 525 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Each Member State shall provide the determining authorityies with appropriate means, including sufficient competent and trained personnel to carry out its tasks in accordance with this Regulation. For that purpose, each Member State shall regularly assess the needs of the determining authority to ensure that it is always in a position to deal with applications for international protection in an effective manner, particularly when receiving a disproportionate number of simultaneous applications.
Amendment 529 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – introductory part
Article 5 – paragraph 3 – subparagraph 1 – introductory part
The following authorities shall have the task of receiving and registering applications for international protection as well as informing applicants as to where and how to lodge an application for international protection:
Amendment 535 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – point a a (new)
Article 5 – paragraph 3 – subparagraph 1 – point a a (new)
(a a) the determining authority
Amendment 540 #
2016/0224(COD)
Member States may entrust also other authorities with those tasks. Where the application is received by an authority without the power to register it, that authority shall inform the applicants where and how to apply for international protection.
Amendment 541 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. In each Member State an authority or authorities shall be responsible for: (a) registering applications for international protection; (b) dealing with cases in accordance with Regulation (EU) No xxx/xxxx [Dublin Regulation] (c) granting or refusing permission to enter in the framework of the procedure provided for in Article 41 of this Directive, subject to the conditions as set out therein and on the basis of the reasoned opinion of the determining authority.
Amendment 544 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. The determining authorityies of the Member State responsible may be assisted for the purpose of receiving, registering and examining applications for international protection by:
Amendment 556 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that the personnel of the determining authority, or of any other authority responsible for receiving and registering applications for international protection in accordance with paragraph 3, have the appropriate knowledge and are provided with the necessary training and instructions to fulfil their obligations when applying this RegulationDirective.
Amendment 560 #
2016/0224(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The authorities applying this RegulationDirective shall safeguard the confidentiality of any information they obtain in the course of their work.
Amendment 648 #
2016/0224(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Applicants shall have the rightbe authorised to remain in the Member State responsible, for the sole purpose of the procedure, until the determining authority has taken a decision in accordance with the administrative procedure provided for in Chapter III.
Amendment 655 #
2016/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 666 #
2016/0224(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 673 #
2016/0224(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Before a decision is taken by the determining authority on the merits of an application for international protection, the applicant shall be given the opportunity of a substantive interview on his or her application with a person empowered under national law to conduct such an interview.
Amendment 678 #
2016/0224(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. In the substantive interview, the applicant shall be given an adequate theopportunity to present the elements needed to substantiate his or her application in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation), and he or she shall provide all the elements at his or her disposal as completely as possible. The applicant shall be given the opportunity to provide an explanation regarding elements which may be missing or any inconsistencies or contradictions in the applicant’s statements.
Amendment 696 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 1 – introductory part
Article 12 – paragraph 5 – subparagraph 1 – introductory part
The personal interview may be omitted in the following situationssubstantive interview on the application may be omitted where the determining authority:
Amendment 726 #
2016/0224(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Where the application is examined in accordance with the accelerated examination procedure, the determining authority may grant access to the report or the transcript of the recording atfrom the same time ast which the decision is made.
Amendment 997 #
2016/0224(COD)
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
Amendment 1145 #
2016/0224(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. The determining authority shall assess the admissibility of an application, in accordance with the basic principles and guarantees provided for in Chapter II, and shallmay reject an application as inadmissible where any of the following grounds applies:
Amendment 1233 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point c
Article 40 – paragraph 1 – point c
(c) the applicant has misled the authorities by presenting false information or false or forged documents or by withholding relevant information or documents with respect to his or her identity, age or nationality that could have had a negative impact on the decision;
Amendment 1236 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point d
Article 40 – paragraph 1 – point d
(d) the applicant is making an application merelysolely in order to delay or frustrate the enforcement of an earlier or imminent decision resulting in his or her removal from the territory of a Member State;
Amendment 1280 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. The determining authority mayshall, in accordance with the basic principles and guarantees provided for in Chapter II, take a decision on an application at the border or in transit zones of the Member State on:
Amendment 1300 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – introductory part
Article 41 – paragraph 5 – subparagraph 1 – introductory part
The border procedure may be applied to unaccompanied minors, in accordance with Articles 8 to 11 of Directive (EU) No XXX/XXX (Reception Conditions Directive) only where:
Amendment 1575 #
2016/0224(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
This RegulationDirective does not affect the possibility for public authorities tof challengeing the administrative or judicial decisions as provided for in national legislation.
Amendment 1580 #
2016/0224(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
By [two years from entry into force of this RegulationDirective] and every five years thereafter, the Commission shall report to the European Parliament and the Council on the application of this RegulationDirective in the Member States and shall, where appropriate, propose any amendments.
Amendment 1585 #
2016/0224(COD)
Proposal for a regulation
Article 60 a (new)
Article 60 a (new)
Amendment 1586 #
2016/0224(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
Directive 2013/32/EU is repealed for the Member States bound by this Directive, without prejudice to the obligations of the Member States relating to the time limit for transposition into national law of the Directive.
Amendment 1588 #
2016/0224(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
This RegulationDirective shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Amendment 1590 #
2016/0224(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
Amendment 1592 #
2016/0224(COD)
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3
Amendment 51 #
2016/0151(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The last substantive amendment to Directive 89/552/EEC of the Council27, later codified by Directive 2010/13/EU of the European Parliament and of the Council28, was made in 2007 with the adoption of Directive 2007/65/EC of the European Parliament and of the Council29. Since then, the market of audiovisual media services has evolved significantly and rapidly. Technical developments allow for new types of services and user experiences. The viewing habits, particularly of younger generations, have changed significantly. While the main TV screen remains an important device to share audiovisual experiences, many viewers have moved to other, portable devices to watch audiovisual content. Traditional TV content accounts still for a major share of the average daily viewing time. However, new types of content, such as short videos or user-generated content, gain increasing importance and new players, including providers of video-on- demand services, social networks and video-sharing platforms, are now well- established. _________________ 27 Directive 89/552/EEC of the European Parliament and of the Council of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 298, 17.10.1989, p. 23). 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1). 29 Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 332, 18.12.2007, p. 27).
Amendment 52 #
2016/0151(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Directive 2010/13/EU should remain applicable only to those services the principal purpose of which is the provision of programmes in order to inform, entertain or educate. The principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider, such as stand-alone parts of online newspapers featuring audiovisual programmes or user-generated videos where those parts can be considered dissociable from their main activity. Social media services are not included, except if they provide a service that falls underIn so far as social networks constitute a major source of information for consumers and depend increasingly on audiovisual content generated or made available by their users, such networks should be included in the scope of this directive when they fall within the definition of a video-sharing platform. A service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity. As such, channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves, even if they are offered in the framework of a video- sharing platform which is characterised by the absence of editorial responsibility. In such cases, it will be up to the providers with editorial responsibility to abide by the provisions of this Directive.
Amendment 81 #
2016/0151(COD)
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms and social networks, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech stored on video-sharing platforms have increasingly given rise to concern. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred, to set out proportionate rules on those matters.
Amendment 86 #
2016/0151(COD)
Proposal for a directive
Recital 28
Recital 28
(28) An important share of the content stored on video-sharing platforms or social networks is not under the editorial responsibility of the video-sharing platform provider. However, those providers typically determine the organisation of the content, namely programmes or user- generated videos, including by automatic means or algorithms. Therefore, those providers should be required to take appropriate measures to protect minors from content that may impair their physical, mental or moral development and protect all citizens from incitement to terrorism or incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origin.
Amendment 98 #
2016/0151(COD)
(31) When taking the appropriate measures to protect minors from harmful content and to protect all citizens from content containing incitement to terrorism, violence or hatred in accordance with this Directive, the applicable fundamental rights, as laid down in the Charter on Fundamental Rights of the European Union, should be carefully balanced. That concerns in particular, as the case may be, the right to respect for private and family life and the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the prohibition of discrimination and the right of the child.
Amendment 121 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
"Member States shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to terrorism, violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.";
Amendment 144 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a - paragraph 1 – point b
Article 28 a - paragraph 1 – point b
(b) protect all citizens from content containing incitement to terrorism, violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origin.
Amendment 131 #
2016/0133(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annually, as well as the reference key based on Eurostat data.
Amendment 177 #
2016/0133(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.
Amendment 205 #
2016/0133(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism.
Amendment 212 #
2016/0133(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 220 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 233 #
2016/0133(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 242 #
2016/0133(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 249 #
2016/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 264 #
2016/0133(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The [General Data Protection Regulation (EU) .../2016] applies to the processing of personal data by the Member States under this Regulation from the date set out in that Regulation; until this date Directive 95/46/EC applies. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the authorities concerned, including of the transmission to and from the automated system and to the authorities competent for carrying out security checks.
Amendment 279 #
2016/0133(COD)
Proposal for a regulation
Recital 52
Recital 52
Amendment 324 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5
Article 2 – paragraph 1 – point g – indent 5
- the sibling or siblings of the applicant, where the proof of the relationship is provided;
Amendment 338 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
Amendment 341 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
Amendment 343 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
Amendment 366 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Any Member State shall retain the right to send an applicant to a safe third country, subject to the rules and safeguards laid down in Directive 2013/32/EU.
Amendment 615 #
2016/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on family grounds in relation to wider family not covered by Article 2(g) , even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 655 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. The Member State with which an application for international protection is lodged shall enter in the automated system referred to in Article 44(1) within the period referred to in Article 10 (1) of Regulation [Proposal for a Regulation recasting Regulation (EU) 603/2013] that:
Amendment 658 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Upon entry of the information pursuant to paragraph 1, the automated system referred to in Article 44 shall register each application under a unique application number, create an electronic file for each application and communicate the unique application number to the Member State of application.
Amendment 659 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States shall provide the European Union Agency for Asylum with information on the number of third country nationals effectively resettled on a weekly basis. The Agency shall validate this information and enter the data in the automated system.
Amendment 666 #
Amendment 667 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. The automated system referred to in Article 44(1) shall indicate in real time:
Amendment 671 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
Amendment 672 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
Amendment 674 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point h
Article 23 – paragraph 2 – point h
Amendment 675 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 776 #
2016/0133(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 815 #
2016/0133(COD)
Proposal for a regulation
Article 35
Article 35
Amendment 822 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. The reference key referred to in paragraph 1 shall be based on the following criteria for each Member State, according to Eurostat figures:
Amendment 825 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point a
Article 35 – paragraph 2 – point a
(a) the size of the population (50 % weighting);
Amendment 829 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
(b) the total GDP (50% weighting);
Amendment 832 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) number of migrants already living in the Member State;
Amendment 841 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b b (new)
Article 35 – paragraph 2 – point b b (new)
(bb) integration capacity of the Member State;
Amendment 847 #
2016/0133(COD)
Proposal for a regulation
Article 36
Article 36
Application of the reference key 1. Where the threshold referred to in Article 34(2) is reached, the automated system referred to in Article 44(1) shall apply the reference key referred to in Article 35 to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1) and notify the Member States thereof. 2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to in Article 34(5) shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine the Member State responsible; 3. Applications declared inadmissible or examined in accelerated procedure in accordance with Article 3(3) shall not be subject to allocation. 4. On the basis of the application of the reference key pursuant to paragraph 1, the automated system referred to in Article 44(1) shall indicate the Member State of allocation and communicate this information not later than 72 hours after the registration referred to in Article 22(1) to the benefitting Member State and to the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2).rticle 36 deleted
Amendment 872 #
2016/0133(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 924 #
2016/0133(COD)
Proposal for a regulation
Article 38
Article 38
Amendment 934 #
2016/0133(COD)
Proposal for a regulation
Article 39
Article 39
Amendment 941 #
2016/0133(COD)
Amendment 955 #
2016/0133(COD)
Amendment 961 #
2016/0133(COD)
Proposal for a regulation
Article 42
Article 42
Amendment 970 #
2016/0133(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 981 #
2016/0133(COD)
Proposal for a regulation
Article 44 – title
Article 44 – title
Amendment 982 #
2016/0133(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. For the purposes of the registration and monitoring the share of applications for international protection pursuant to Article 22 and of the application of the allocation mechanism set out in Chapter VII an automateda system shall be established.
Amendment 983 #
2016/0133(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The automated system shall consist of the central system and the communication infrastructure between the central system and the national infrastructures.
Amendment 985 #
Amendment 987 #
2016/0133(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39.
Amendment 989 #
2016/0133(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The information referred to in Article 23(2), Article 36(4) and point h of Article 39 shall be accessible for consultation only shall be accessible by the competent asylum authorities of the Member States referred to in Article 47 for the purposes of this Regulation and of Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013].
Amendment 990 #
2016/0133(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto. The Member States shall ensure that those authorities have the necessary resources for carrying out their tasks and in particular for replying within the prescribed time limits to requests for information, requests to take charge, take back notifications and, if applicable, complying with their obligations under the allocation mechanism .
Amendment 995 #
2016/0133(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The competent supervisory authority or authorities of each Member State shall monitor the lawfulness of the processing of personal data by the authorities referred to in Article 47 of the Member State in question, including of the transmission to and from the automated system referred to in Article 44(1) and to the authorities competent for carrying out checks referred to in Article 40.
Amendment 999 #
2016/0133(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
Amendment 1007 #
2016/0133(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
Amendment 1011 #
2016/0133(COD)
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
Amendment 1013 #
2016/0133(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 73 #
2016/0132(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To assist Member States overcome challenges relating to non-compliance with the fingerprinting process, this Regulation also permits the comparison of a facial image without fingerprints as a last resort, where it is impossible to take the fingerprints of the third-country national or stateless person because his or her fingertips are damaged, either intentionally or not, or amputated. If the physical impossibility to give fingerprints is of a temporary nature, it should be recorded and the fingerprinting process should be carried out at a later stage when the physical integrity of the fingertips is restored. Member States should exhaust all attempts to ensure that fingerprints can be taken from the data- subject before a comparison using a facial image only can be carried out where non- compliance based on reasons not relating to the conditions of the individual's fingertips are given. Where facial images are used in combination with fingerprint data, it allows for the reductionwith sufficient image resolution and quality to be used in automated biometric matching are used in combination with fingerprint data, it should be possible to consider reducing the number of fingerprints registered while, provided that this enablinges the same result in terms of accuracy of the identification.
Amendment 90 #
2016/0132(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The European Border and Coast Guard Agency, as established by Regulation (EU) 2016/1624 of the European Parliament and of the Council1a , plays a key role in the Union efforts for a better management of external borders, the prevention of irregular immigration and secondary movement. Consequently, the European Border and Coast Guard Agency should be provided with access to Eurodac data in order to be able to undertake risk analyses to the highest possible standards and assisting Member States with return- related tasks. The processing of those data shall be carried out in compliance with the data protection safeguards provided for in Regulation (EU) 2016/1624. _________________ 1aRegulation (EU) 2016/1624 of the European Parliament and the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p.1).
Amendment 91 #
2016/0132(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13 b) As one of the main tasks of the European Border and Coast Guard Agency and the future European Union Agency for Asylum, laid down in this Regulation, is the taking and transmitting of biometric data. The European Border and Coast Guard Agency and the European Union Agency for Asylum should be provided with an own interface in order to not be reliant on national infrastructures anymore. In the long run, these interfaces could be used as a single search interface, as described in the Commission Communication of 6 April 2016 entitled "Stronger and Smarter Information Systems for Borders and Security"1a . _________________ 1a COM(2016) 205 final
Amendment 97 #
2016/0132(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The High Level Expert Group on Information Systems and Interoperability is expected to present its results in spring 2017. Those results might be relevant for the development of Eurodac. Where this is the case, the best possible legal and technical prerequisites should be laid down for a potential interoperability of Eurodac with other information systems for borders and security.
Amendment 98 #
2016/0132(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) It is essential in the fight against terrorist offences and other serious criminal offences for the law enforcement authorities to have the fullest and most up- to-date information if they are to perform their tasks. The information contained in Eurodac is necessary for the purposes of the prevention, detection or, investigation or prosecution of terrorist offences as referred to in Council Framework Decision 2002/475/JHA29Directive (EU) 2017/... of the European Parliament and of the Council [combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA] or of other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA30 . Therefore, the data in Eurodac should be available, subject to the conditions set out in this Regulation, for comparison by the designated authorities of Member States and the European Police Office (Europol). _________________ 29 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). 30Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).
Amendment 101 #
2016/0132(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Since Eurodac was originally established to facilitate the application of the Dublin Convention, access to Eurodac for the purposes of preventing, detecting or, investigating or prosecuting terrorist offences or other serious criminal offences constitutes a changefurther development of the original purpose of Eurodac, which. In line with the requirements of Article 52(1) of the Charter of Fundamental Rights of the European Union, any interferesnce with the fundamental right to respect for the private life of individuals whose personal data are processed in Eurodac. In line with the requirements of Article 52(1) of the Charter of Fundamental Rights of the European Union, any such interference must be in accordance with the law, which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any interference must be necessary to genuinely meet an objective of general interest and proportionate to the legitimate objective it aims to achieve.
Amendment 125 #
2016/0132(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Third-country nationals or stateless persons who have requested international protection in one Member State may try to request international protection in another Member State for many years to come. Therefore, the maximum period during which fingerprint and facial imagebiometric and alphanumeric data should be kept by the Central System should be of considerable length. Given that most third-country nationals or stateless persons who have stayed in the Union for several years will have obtained a settled status or even citizenship of a Member State after that period, a period of ten years should be considered a reasonable period for the storage of fingerprint and facial imagebiometric and alphanumeric data.
Amendment 130 #
2016/0132(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In view of successfully preventing and monitoring unauthorised movements of third-country nationals or stateless persons who have no right to stay in the Union, and of taking the necessary measures for successfully enforcing effective return and readmission to third countries in accordance with Directive 2008/115/EC35 and the right to protection of personal data, a period of fiveten years should be considered a necessary period for the storage of fingerprint and facialbiometric and alphanumeric data. _________________ 35 OJ L 348, 24.12.2008, p.98 OJ L 348, 24.12.2008, p.98
Amendment 158 #
2016/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of fingerprint and facial image data with those stored in the Central System for law enforcement purposes for the prevention, detection or, investigation or prosecution of terrorist offences or of other serious criminal offences . (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 206 #
2016/0132(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) 'law enforcement' means the prevention, detection or, investigation or prosecution of terrorist offences or of other serious criminal offences;
Amendment 208 #
2016/0132(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) 'terrorist offences' means the offences under national law which correspond or are equivalent to those referred to in Articles 1 to 4 of Framework Decision 2002/475/JHA;referred to in Articles 3 to 12 of Directive (EU) 2017/... of the European Parliament and of the Council [on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA].
Amendment 236 #
2016/0132(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a European Border and Coast Guard In accordance with Article (40)(8) of Regulation (EU) 2016/1624, the members of the European Border and Coast Guard Agency or teams of staff involved in return-related tasks as well as the members of the migration management support teams shall, within their mandate, have the right to access and search data entered in Eurodac within their mandate. They shall do so by using the technical interface set up and maintained by the European Border and Coast Guard Agency as referred to in Article (10)(3a).
Amendment 252 #
2016/0132(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. The duly authorized staff of the European Border and Coast Guard Agency shall have access to the statistics drawn up by eu-LISA referred to in paragraph (1)(a) to (h) and to the relevant data referred to in Article (12) (d) to (s), Article (13) (d) to (m) and Article (14) (d) to (m), solely for the purposes laid down in Article (1)(b) and for the purposes laid down in Articles 11 and 37 of Regulation (EU) 2016/1624, without allowing for individual identification. The processing of those data shall be carried out in compliance with the data protection safeguards provided for in Regulation (EU) 2016/1624.
Amendment 262 #
2016/0132(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. For the purposes of paragraph 3, the European Border and Coast Guard Agency and the future European Union Agency for Asylum shall set up and maintain a technical interface which allows a direct connection to the Central System of Eurodac.
Amendment 338 #
2016/0132(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. For the purposes laid down in Article 13(1), each set of data relating to a third-country national or stateless person as referred to in Article 13(2) shall be stored in the Central System for fiveten years from the date on which his or her fingerprints were taken.
Amendment 344 #
2016/0132(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. For the purposes laid down in Article 14(1), each set of data relating to a third-country national or stateless person as referred to in Article 14(2) shall be stored in the Central System for fiveten years from the date on which his or her fingerprints were taken.
Amendment 407 #
2016/0131(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission and Member-States, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.
Amendment 438 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
For that purpose, Member States shall, at the request of the Agency, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. The Member States shall also cooperate with the Agency and shall facilitate and actively support any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.
Amendment 164 #
2016/0106(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Following the example of many other countries, such as the USA, Canada or Australia, all third-country nationals travelling to the Union or leaving the Union should be electronically registered at the Union's external borders. In this way, border crossings can be carried out more swiftly for regular travellers, suspects can be sorted out before accessing the Union, the duration of authorised stays can be calculated more reliably and compliance with the authorised period of a stay can be monitored more effectively.
Amendment 167 #
2016/0106(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to specify the objectivpurposes of the Entry/Exit System (EES) and its, such as the increased efficiency of border checks by the use of modern technologies and the easier identification of persons who do not or no longer fulfil the conditions for entry or stay in the Union. The EES could help to improve the management of external borders and migration flows. It is also necessary to detail the technical architecture, of the EES in order to lay down rules concerning its operation and use and to define responsibilities forthe tasks and functions of the system, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, the authorities authorised to access the data and further rules on data processing and the protection of personal data.
Amendment 176 #
2016/0106(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The EES should apply to third country nationals, whether or not they hold a visa, admitted for a short or long stay to the Schengen area. It should also apply to third country nationals whose entry for a short or long stay has been refused.
Amendment 185 #
2016/0106(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The EES should have the objective of improving, as its primary purpose, the improvement of the management of external borders, the preventingon of irregular immigration and the facilitatingon of the management of migration flows. The EES should, in particular andIn addition to the verification at external borders, the EES should, when relevant, contribute to the identification of any person who does not fulfil or no longer fulfils the conditions of duration of stay within the territory of the Member Statesfor entry in and stay and residence within the territory of the Member States. The second purpose of the EES should be to contribute to the prevention, detection, investigation or prosecution of criminal offences, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation.
Amendment 193 #
2016/0106(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To meet those objectivesIn order to fully exploit its potential, the EES should process alphanumeric data and biometric data (fingerprints and facial image). The use of biometrics, despite its impact on the privacy of travellers, is justifiedappropriate for two reasons. Firstly, biometrics are a reliable method to identify third country nationals within the territory of the Member States who are not in possession of travel documents or any other means of identification, a common modus operandi of irregular migrants, or who are hiding their identity by presenting falsified or fraudulent travel documents. Secondly, biometrics provide for the more reliable matching of entry and exit data of legal travellers. Where facial images are used in combination with fingerprint data, it allows for the reduction of fingerprints registered while enabling the same result in terms of accuracy of the identification.
Amendment 209 #
2016/0106(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) For each individual crossing of the external borders of the Union, border guards should, in accordance with Regulation (EU) 2016/399 of the European Parliament and of the Council1a, carry out mandatory information checks against Union and national databases, including the Schengen Information System (SIS). Member States should also ensure an electronic connection to Interpol's Stolen and Lost Travel Documents (SLTD) database at external border crossing points. The necessity and technical feasibility of creating a Single Interface Platform or another Secure Communication Channel between the EES and the SIS, relevant Interpol databases and national databases should be explored by the High Level Expert Group on Information Systems and Interoperability. _________________ 1aRegulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
Amendment 211 #
2016/0106(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Technological solutions should be developed to ensure interoperability between the EES and other existing databases, such as the SIS, Eurodac, and Europol databases, in order to enhance effective cooperation among the Member States in the management of external borders and the combatting of serious crime.
Amendment 214 #
2016/0106(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) Member States should ensure that border guards have access to the relevant Interpol, national and Union databases, including the SIS. They should also ensure that border guards make full use of their right to access those databases when registering travellers from third countries coming to or leaving the territory of the Union.
Amendment 215 #
2016/0106(COD)
Proposal for a regulation
Recital 13 c (new)
Recital 13 c (new)
(13c) Once the European Travel Information and Authorisation System (ETIAS), European Criminal Records Information System (ECRIS) and Eurodac databases have been revised or established, the technical feasibility of creating an interoperability between the EES and those databases should be explored. This interoperability should enable real-time checks and information comparison between the EES Central System and those databases in order to enable the border and law enforcement authorities using the EES to identify potentially dangerous suspects and to detect identity fraud at an early stage.
Amendment 234 #
2016/0106(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Moreover, Europol plays a key role with respect to cooperation between Member States’ authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently, Europol should also have access to the EES within the framework of its tasks and in accordance with Council Decision 2009/371/JHA.25 _________________ 25 Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15Regulation 2016/794 of the European Parliament and of the Council.25 _________________ 25 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.200916, p. 537).
Amendment 240 #
2016/0106(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Access to the EES for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with the fundamental rights to respect for the private life of individuals and to protection of personal data of persons whose personal data are processed in the EES. Any such interference must be in accordance with the law, which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any interference with the fundamental rights to respect for the private life of individuals and to protection of personal data of persons whose personal data are processed in the EES must be necessary in a democratic society to protect a legitimate and proportionate interest and proportionate to the legitimate objective to achieve.
Amendment 243 #
2016/0106(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Comparisons of data on the basis of a latent fingerprint, which is the dactyloscopic trace which may be found at a crime scene, is fundamental in the field of police cooperation. The possibility to compare a latent fingerprint with the fingerprint data which is stored in the EES in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the EES should provides the law enforcement authorities of the Member States with a very valuable tool into preventing, detecting or investigatinge terrorist offences or other serious criminal offences, when for example the only evidence at a crime scene are latent fingerprints.
Amendment 244 #
2016/0106(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
Amendment 250 #
2016/0106(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) To protect personal data and to exclude systematic searches, the processing of EES data should only take place in specjustificed cases and when it is necessary for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences. The designated authorities and Europol should only request access to the EES when they have reasonable grounds to believe that such access will provide information that will substantially assist them in preventing, detecting or investigating a terrorist offence or other serious criminal offence.
Amendment 252 #
2016/0106(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, access to the EES for identification of unknown suspects, perpetrators or victims of terrorist offences or other serious criminal offences should be allowed only on the condition that searches with the national fingerprint databases of the Member State andor with the automated fingerprinting identification systems of all other Member States under Council Decision 2008/615/JHA26 did not lead to the establishment of the identity of the data subject. Furthermore, access to the EES to consult the entry/exit records of a known person should be duly justified. _________________ 26 Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1).
Amendment 258 #
2016/0106(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The personal data stored in the EES should be kept for no longer than is necessary for the purposes of the EES. It is appropriate to keep the data related to third country nationals for a period of fiveten years for border management purposes in order to avoid the need for third country nationals to re-enrol in the EES before that period has lapsed. For third country nationals who are family members of a Union citizen to whom Directive 2004/38/EC27 applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, it is appropriate to store each coupled entry/ exit record for a maximum period of one year after the last exit. _________________ 27Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
Amendment 269 #
2016/0106(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) A fiveten year data retention period is necessary to allow the border guard performing the necessary risk analysis requested by the Schengen Borders Code before authorising a traveller entering the Schengen area. The processing of visa application in consular posts requires also analysing the travel history of the applicant to assess the use of previous visas and the respect of the conditions of stay and residence. The abandoning of passport stamping will be compensated by a consultation of the EES. The travel history available in the system should therefore cover a period of time which is sufficient for the purpose of visa issuance. The fiveten year data retention period will reduce the re-enrolment frequency and will be beneficial for all travellers as the average border crossing time will decrease as will do the waiting time at border crossing points. Even for a traveller entering only once in the Schengen area, the fact that other travellers being already registered in the EES will not have to re-enrol will reduce the waiting time at border. This data retention period will also be necessary to allow for facilitation for the border crossing by using process accelerators and self-service systems. Such facilitation is dependent of the data registered in the system. A shorter data retention period would have a negative impact on the duration of border controls. A shorter data retention period would also reduce the group of travellers that can benefit of such facilitation and thereby undermine the stated objective of EES to facilitate border crossing.
Amendment 276 #
2016/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The same retention period of fiveten years would be necessary for data on persons who have not exited the territory of the Member States within the authorised period of stay in order to support the identification and return process and for persons whose entry for a short stay {or on the basis of a touring visa} has been refused. The data should be deleted after the period of five years, unless there are grounds to delete it earlierten years.
Amendment 283 #
2016/0106(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Directive 95/46/EC of the European Parliament and of the Council29 applies to the processing of personal data by the Member States in application of this Regulation unless such processing is carried out by the designated or verifying authorities of the Member States for the purposes of the prevention, detection or, investigation or prosecution of terrorist offences or of other serious criminal offences. _________________ 29 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 data (OJ L 281, 23.11.1995, p. 31).
Amendment 286 #
2016/0106(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The processing of personal data by the authorities of the Member States for the purposes of the prevention, detection or, investigation or prosecution of terrorist offences or of other serious criminal offences pursuant to this Regulation should be subject to a standard of protection of personal data under their national law which complies with Council Framework Decision 2008/977/JHA30. _________________ 30 Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial co- operation in criminal matters (OJ L 350, 30.12.2008, p. 60).
Amendment 293 #
2016/0106(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) "(...) The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion on …21 September 2016.
Amendment 300 #
2016/0106(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) After the EES system becomes operational, the Commission should examine technical, financial and legal arrangements to extend the scope of this regulation to European citizens. A report should be submitted to Parliament and the Council no later than two years after the implementation of the system.
Amendment 307 #
2016/0106(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) This Regulation is without prejudice to the application of Direictive 2004/38/EC.
Amendment 311 #
2016/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes an 'Entry/Exit System' (EES) for the recording and storage of information on the date, time and place of entry and exit of third country nationals crossing the external borders of the Member States, for the calculation of the duration of their stay, and for the generation of alerts to Member States when authorised periods for stay have expired as well as for the recording of the date, time and place of refusal of entry of third country nationals whose entry for a short or long stay {or on the basis of a touring visa} has been refused as well as the authority of the Member State which refused the entry and the reasons for the refusal.
Amendment 318 #
2016/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to third country nationals admitted for a short or long stay or on the basis of a touring visa in the territory of the Member States subject to border checks in accordance with Regulation (EU) 2016/399 when crossing the external borders of the Member States. When entering and exiting the territory of the Member States, it applies to third country nationals who are family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC.
Amendment 320 #
2016/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation also applies to third country nationals whose entry for a short or long stay or on the basis of a touring visa to the territories of the Member States is refused in accordance with Article 14 of Regulation (EU) 2016/399.
Amendment 322 #
2016/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 324 #
2016/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 327 #
2016/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
Amendment 331 #
2016/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point d
Article 2 – paragraph 3 – point d
Amendment 334 #
2016/0106(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 335 #
2016/0106(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 336 #
2016/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7a) ‘long stay’ means stays in the territory of a Member State of a duration of more than 90 days;
Amendment 337 #
2016/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘short stay visa’ means an authorisation issued by a Member State with a view to an intended stay on the territory of the Member States of a duration of no more than 90 days in any 180 day period; as defined in point (a) of Article 2(2) of Regulation (EC) No 810/2009 of the European Parliament and of the Council1a; _________________ 1aRegulation(EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).
Amendment 338 #
2016/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
(8a) ‘long stay visa’ means an authorisation issued by a Member State with a view to a stay of more than 90 days but no longer than one year;
Amendment 340 #
2016/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘touring visa’ means an authorisation issued by a Member State with a view to an intended stay in the territory of two or more Member States for a duration of more than 90 day12 months in any 180 day5 month period, provided that the applicant does not intend to stay for more than 90 days in any 180 day period in the territory of the same Member State;
Amendment 343 #
2016/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 20
Article 3 – paragraph 1 – point 20
(20) 'Frontex' means the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Regulation (EC) No 2007/2004Border and Coast Guard Agency established by Regulation (EU) 2016/1624 of the European Parliament and of the Council;
Amendment 358 #
2016/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) enhance the efficiency of border checks by calculating and monitoring the duration of the authorised stay at entry and exit of third country nationals admitted for a short or long stay {or on the basis of a touring visa};
Amendment 361 #
2016/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) assist in the identification of any person who does not, or does no longer fulfil the conditions for entry to or, stay on or residence in the territory of the Member States;
Amendment 377 #
2016/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point k
Article 5 – paragraph 1 – point k
(k) enable identifying and apprehending terrorist, criminal suspects as well as the identification of victims crossing the external borders;
Amendment 401 #
2016/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The EES shall include an automated calculator that indicates the maximum authorised duration of stay in accordance with Article 6(1) of Regulation (EU) 2016/399 for third country nationals registered in the EES admitted for a short or long stay {or on the basis of a touring visa}.
Amendment 403 #
2016/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Amendment 441 #
2016/0106(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) the short stay visa sticker number, including the three letter code of the issuing Member State, the type of visa, the date of end of maximum duration of the stay as authorised by the visa which needs to be updated at each entry and the date of expiry of the validity of the visa, if applicable;
Amendment 442 #
2016/0106(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) at the first entry on the basis of the short stay visa, the number of entries and the authorised period of stay as indicated on the visa sticker;
Amendment 445 #
2016/0106(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point f
Article 14 – paragraph 1 – point f
(f) the facial image with sufficient image resolution and quality to be used in automated biometric matching, where possible extracted electronically from the eMRTD, and where this is not possible, taken live;
Amendment 457 #
2016/0106(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Children under the age of 126 shall be exempt from the requirement to give fingerprints for legal reasons.
Amendment 462 #
2016/0106(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Where the person concerned is exempt from the requirement to give fingerprints for legal or factual reasons pursuant to paragraphs 2 or 3, the specific data field shall be marked as ‘not applicable’. The system shall allow a distinction to be made between the cases where fingerprints are not required to be provided for legal reasons and the cases where they cannot be provided for factual reasons. The temporary physical impossibility to give fingerprints shall be recorded.
Amendment 470 #
2016/0106(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) any other decision taken by the competent authorities of the Member State, in accordance with national legislation, resulting in the removal or departure of the third country national who does not fulfil or no longer fulfils the conditions for the entry into or for the stay or residence in the territory of the Member States.
Amendment 476 #
2016/0106(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
In that case Article 12 of Regulation (EU) 2016/399 shall apply and if that presumption is rebutted by proof that the third country national concerned has respected the conditions relating to the condition of short or long stay, the competent authorities shall create an individual file for that third country national in the EES if necessary, or update the latest entry/exit record by entering the missing data in accordance with Articles 14 and 15 or delete an existing file where Article 32 applies.
Amendment 524 #
2016/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) access for consultation is necessary for the purpose of the prevention, detection or investigation of a terrorist offences or another serious criminal offence, thus making a search of the database proportionate if there is an overriding public security concern;
Amendment 528 #
2016/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) reasonable grounds exist to consider that the consultation of the EES data maywill substantially contribute to the prevention, detection or, investigation or prosecution of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation;
Amendment 552 #
2016/0106(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
(c) reasonable grounds exist to consider that the consultation maywill substantially contribute to the prevention, detection or, investigation or prosecution of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation.
Amendment 564 #
2016/0106(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Each entry/exit record or refusal of entry record linked to an individual file shall be stored for fiveten years following the date of the exit record or of the refusal of entry record, as applicable.
Amendment 568 #
2016/0106(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Each individual file together with the linked entry/exit record(s) or refusal of entry records shall be stored in the EES for fiveten years and one day following the date of the last exit record if there is no entry record within fiveten years from that last exit record or refusal of entry record.
Amendment 575 #
2016/0106(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of fiveten years following the last day of the authorised stay. The EES shall automatically inform the Member States three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.
Amendment 580 #
2016/0106(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 600 #
2016/0106(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a a (new)
Article 33 – paragraph 1 – point a a (new)
(aa) the standard of quality and specifications for the use of facial images
Amendment 687 #
2016/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1 – introductory part
Article 57 – paragraph 1 – introductory part
1. The duly authorised staff of the competent authorities of Member States, the Commission, and eu-LISA and Frontex shall have access to consult the following data, solely for the purposes of reporting and statistics without allowing for individual identification and the duly authorised staff of Frontex shall have access to consult the following data for the purpose of carrying out vulnerability assessments and risk analyses:
Amendment 691 #
2016/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point g
Article 57 – paragraph 1 – point g
(g) the three letter code of the Member State that issued the short or long stay visa, or the touring visa if applicable;
Amendment 709 #
2016/0106(COD)
1a. In line with the findings of the High Level Expert Group on Information Systems and Interoperability, the Commission may propose appropriate measures concerning, for example, the establishment of a Single Interface connecting the EES with the SIS, Interpol's Stolen and Lost Travel Documents ('SLTD') database and the Travel Documents Associated with Notices (TDAWN) and national databases. If it deems it appropriate, the Commission shall also propose respective measures establishing the possibility of real-time information checks between the EES and the European Travel Information and Authorisation System (ETIAS), Eurodac and the European Criminal Records Information System (ECRIS).
Amendment 713 #
2016/0106(COD)
Proposal for a regulation
Article 64 – paragraph 4 a (new)
Article 64 – paragraph 4 a (new)
4a. Two years after the start of operations of the EES, the Commission shall submit a report to Parliament and the Council on the operation of the system, including European citizens. That report shall be accompanied by technical, legal and financial recommendations arising from that inclusion.
Amendment 405 #
2015/2342(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses concerns regardingTakes note of the quantitative approach in the new Partnership Framework and the related ‘migration compacts’, which see the ‘measurable increwill make it possible to asses in the number and rate of returns’ as one of the EU’s main goals, ass whether the EU’s return policy is being implemented properly, but recognises that an increase or reduction in the number of returns clearlywill also depends on the nature of migration flows and on the situations in the countries of origin; stresses that the short-term objectives of the compacts should focus on how best to address the challenges faced by third countries, including by developing legal migration channels, as a result of which the levels of irregular migration and death tolls in the Mediterranean will decrease;
Amendment 10 #
2015/2254(INL)
Motion for a resolution
Citation 4
Citation 4
— having regard to Article 4(3) and 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union, and Protocol No 2 on the application of the principles of subsidiarity and proportionality;
Amendment 51 #
2015/2254(INL)
Motion for a resolution
Citation 19
Citation 19
Amendment 55 #
2015/2254(INL)
Motion for a resolution
Citation 20
Citation 20
Amendment 61 #
2015/2254(INL)
Motion for a resolution
Citation 21
Citation 21
Amendment 69 #
2015/2254(INL)
Motion for a resolution
Citation 22
Citation 22
Amendment 95 #
2015/2254(INL)
Motion for a resolution
Recital C
Recital C
C. whereas all Member States, the institutions of the Union and candidate countries share obliged to uphold those principles and values, and they have the duty of loyal cooperationprinciples and values which result from the constitutional traditions coming from the Member States;
Amendment 107 #
2015/2254(INL)
Motion for a resolution
Recital E
Recital E
E. whereas the EU shall respect the equality of Member States before the Treaties as well as their national identities; Whereas the EU is based on a common set of core values and principles; Whereas the definition of core values and principles is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a resulshould be the basis for political decisions, independent of different political majorities; and resist temporary changes
Amendment 181 #
2015/2254(INL)
Motion for a resolution
Recital L
Recital L
L. whereas there are few existing instruments to correct legislative and executive policy decisions by the institutions of the Union should be properly applied and enforced;
Amendment 305 #
2015/2254(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 324 #
2015/2254(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 351 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 1
Paragraph 9 – indent 1
Amendment 361 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 2
Paragraph 9 – indent 2
Amendment 364 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 3
Paragraph 9 – indent 3
Amendment 372 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 4
Paragraph 9 – indent 4
Amendment 379 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 5
Paragraph 9 – indent 5
Amendment 408 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 3
Annex – Citation 3
– having regard to Article 4(3) and Article 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union and Protocol No 2 on the application of the principles of subsidiarity and proportionality,
Amendment 433 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 20
Annex – Citation 20
Amendment 435 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 21
Annex – Citation 21
Amendment 437 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 24
Annex – Citation 24
Amendment 452 #
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 479 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – introductory part
Annex – Article 6 – introductory part
The DRF ScoreboardReport shall be drawn up using a variety of sources, and the existing tools for assessment, reporting and monitoring of Member States’ activities including:
Amendment 538 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.2
Annex – Article 9 – point 9.2
Amendment 32 #
2015/2063(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the terrorist attacks in Paris, Copenhagen and Tunis in earlyFrance, Tunisia and Copenhagen since the beginning of 2015 highlight the security threat which is posed by the presence and movement of these ‘foreign’ fighters in Europe; whereas the European Union has condemned these attacks in the strongest terms and has committed itself to combat terrorism alongside the Member States;
Amendment 153 #
2015/2063(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of making the fullest use of existing instruments to combat the radicalisation and recruitment of European citizens by terrorist organisations; recommends that more use should be made of European funds to that end; stresses the major role which can be played by the Radicalisation Awareness Network (RAN) in taking on this objective of stamping out the radicalisation of European citizens; requests that this network receive better publicity and visibility among players combating radicalisation.
Amendment 194 #
2015/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Supports the establishment of specialised and ongoing European training for prison staff and partners operating in the penal system in order to teach them to detect radical behaviour and covert forms of radicalisation; stresses the importance of appropriately training and recruiting prison chaplains so that they can not only adequately meet prisoners’ cultural needs in prisons, but also counter radical discourse;
Amendment 238 #
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 and concerted action 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;
Amendment 279 #
2015/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Feels, however, that the internet is an effective platform for spreading discourse opposed to hate speech and praise for terrorism; calls on the digital giants to cooperate with the Member States in order to work on developing discourse and to take part in the spread of prevention messages calling for the development of critical thinking and for a process of deradicalisation;
Amendment 377 #
2015/2063(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the European Union 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, identify circles of complicity which amplify the phenomenon of radicalisation through imitation and competition and properly supervise young people who are at risk of being recruited by terrorist organisations;
Amendment 431 #
2015/2063(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Suggests that Member States examine the idea of including mentors in the process to deradicalise EU citizens who have returned from fighting for terrorist organisations, to help support them in their reintegration into society;
Amendment 473 #
2015/2063(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists on the absolute necessity of stepping up the exchange of information between the law enforcement authorities in the Member States; stresses that stepping up the exchange of information between law enforcement authorities will also entail reinforcing the role of European Union agencies, such as Europol and Eurojust, Eurojust and the establishment of the European Public Prosecutor´s office as a matter of urgence;
Amendment 554 #
2015/2063(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses the importance of implementing a specialised European training programme for those working in the justice system, to raise their awareness of the different forms of radicalisation.
Amendment 610 #
2015/2063(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 659 #
2015/2063(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Underlines that money laundering, tax evasion and other fiscal crimes are in some cases major sources of terrorism funding which threaten our internal security, therefore tracking and combating crimes affecting the financial interests must be a priority;
Amendment 139 #
2015/2062(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that increasing prisons’ capacity is not the sole solution to overcrowding, as the prison population tends to rise at the same rate as prison capacity; calls nonetheless on Member States to allocate appropriate resources to refurbishment and modernisation of prisons in order to protect the rights of prisoners, to better combat the risk and spread of radicalisation and to improve working conditions for prison staff; recalls that the Commission recently mentioned the possibility of drawing on the Structural Funds of the European Union;
Amendment 205 #
2015/2062(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reaffirms the importance of ensuring that children in prison are treated in a manner that takes into account their best interests, including being kept separate from adults and having the right to maintain contact with their families, unless a court decision rules otherwise; recalls that Directive (EU) 2016/800 on procedural safeguards for children includes a preference for alternative measures;
Amendment 237 #
2015/2062(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on Member States to combat the growing phenomenon of radicalisation in prison by improving, in particular, prison intelligence;
Amendment 3 #
2015/0314(NLE)
Proposal for a decision
Recital 5
Recital 5
(5) Sweden faces an emergency situation characterised by a sudden inflow of nationals of third countries in its territory due to a sharp shift of migratory flows. On 8 December Sweden formally requested the suspension of its obligations under Council Decisions (EU) 2015/1523 and (EU) 2015/1601., having to face both challenges of being a country of first arrival and final destination;
Amendment 4 #
2015/0314(NLE)
Proposal for a decision
Recital 9
Recital 9
(9) Sweden has in 2015 by far the highest number of applicants for international protection per capita in the EU (11 503 applicants per million inhabitants). and as for March 2016 Sweden has received a total of 170.104 applicants, of which 73.331 are children, 36.181 being unaccompanied minors;
Amendment 5 #
2015/0314(NLE)
Proposal for a decision
Recital 10
Recital 10
(10) Sweden is also facing a difficult situation because of the significant recent increase in the number of unaccompanied minors, with one out of four applicants claiming to be an unaccompanied minor.unaccompanied minors, who have special needs and require additional resources in order to provide access to health care, dignified accommodation and education according to EU asylum rules;
Amendment 6 #
2015/0314(NLE)
Proposal for a decision
Recital 11
Recital 11
(11) The above situation has put a very significant strain on the Swedish asylum system, with serious practical consequences on the ground as regards the reception conditions and ability of the asylum system to deal with these applications. In order to help alleviate the significant pressure that Sweden is confronted with and to enable it to continue to receive refugees with dignity, the obligations of Sweden as a Member State of relocation under Council Decisions (EU) 2015/1523 and 2015/1601 should be suspended for the period of one year.
Amendment 4 #
2015/0313(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1406/2002
Article 2 – 4(a)
Article 2 – 4(a)
(4a) The Agency shall cooperate, within the limits of its mandate and without prejudice to its essential tasks, with the European Border and Coast Guard Agency and the European Fisheries Control Agency to support the national authorities carrying out coastguard functions by providing services, information, equipment and training, as well as by coordinating multipurpose operations.
Amendment 5 #
2015/0313(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1406/2002
Article 2 b – paragraph 2
Article 2 b – paragraph 2
2. The modalities of the cooperation on coastguard functions of the Agency with the European Border and Coast Guard Agency and the European Fisheries Control Agency shall be determined in a working arrangement, in accordance with their respective mandates and the financial rules applicable to the agencies.
Amendment 116 #
2015/0310(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To ensure the effective implementation of the European integrated border management, a European Border and Coast Guard should be established and provided with the requisite financial and human resources and equipment. The European Border and Coast Guard, which comprises the European Border and Coast Guard Agency and national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, relies upon the common use of information, capabilities and systems at national level and the response of the European Border and Coast Guard Agency at Union level.
Amendment 120 #
2015/0310(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) European integrated border management is a shared responsibility of the European Border and Coast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks. While Member States retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of all Member States which have abolished internal border control, t. The European Border and Coast Guard Agency should ensuresupport the application of Union measures relating to the management of the external borders by reinforcing, assessing and coordinating the actions of Member States which implement those measures.
Amendment 131 #
2015/0310(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Having regard to the increasing migratory pressures at the external borders, to the necessity of ensuring a high level of internal security within the Union and to safeguard the functioning of the Schengen area as well as the overarching principle of solidarity, it is necessary to reinforce the management of the external borders by building on the work of Frontex, through the expansion of its operational capacities, and further develop it into an Agency with a shared responsibility for the management of the external borders.
Amendment 136 #
2015/0310(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The tasks of Frontex should therefore be expanded and to reflect those changes, it should be renamed European Border and Coast Guard Agency. The key role of the European Border and Coast Guard Agency should be to establish an operational and technical strategy for the implementation of an integrated border management at Union level, subject to Member State approval, to oversee the effective functioning of border control at the external borders, to provide increased operational and technical assistance to Member States through joint operations and rapid border interventions, and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders, as well as to organise, coordinate and conduct return operations and return interventions.
Amendment 147 #
2015/0310(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The European Border and Coast Guard Agency should prepare general and tailored risk analysis based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The European Border and Coast Guard Agency should, based also on information provided by Member States, provide adequate information and intelligence covering all aspects relevant to European integrated border management, especially border control, return, irregular secondary movements of third-country nationals within the Union, prevention of cross-border crime including facilitation of irregular immigration, trafficking in human beings and, terrorism and hybrid threats, as well as the situation at neighbouringrelevant third countries, so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of external borders.
Amendment 156 #
2015/0310(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The European Border and Coast Guard Agency should carry out a vulnerability assessment to assess the capacity and state of preparedness of the Member States to face challenges at their external borders, including by assessing the equipment and resources of Member States as well as their contingency plans to address possible crises at the external borders. Member States should take corrective action to address any deficiencies identified in that assessment. The Executive Director, on the advice of a Supervisory Board created within the European Border and Coast Guard Agency, should identify the measures to be taken byand recommend them to the Member State concerned and should set a time-limit within which those measures should be taken. That decision should be binding onIf that Member State and wherfails to take the necessary measures are not taken within the set time-limit, the matter needs to be referred to the Management Board for a further decision.
Amendment 163 #
2015/0310(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In cases where there is a specific and disproportionate pressure at the external borders, the European Border and Coast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate rapid border interventions and deploy European Border and Coast Guard Teams from a rapid reserve pool as well as technical equipment. Rapid border interventions should provide reinforcement for a limited period in situations where immediate response is required and where such an intervention would provide an effective response. To ensure the effective operation of such intervention, Member States should make border guards and other relevant staff available to the rapid reserve pool.
Amendment 169 #
2015/0310(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) At particular areas of the external borders whereIf one Member State or several Member States face disproportionate migratory pressures characterised by large influxes of mixed migratory flows, referred to as hotspot areas, this or these Member States should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from Member States by the European Border and Coast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies, as well as experts from the staff of the European Border and Coast Guard Agency. The European Border and Coast Guard Agency should assist the Commission in the coordination among the different agencies on the ground.
Amendment 179 #
2015/0310(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders in connection with which it has not requested the Agency's support, rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the Schengen area, a unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify and propose to the Member States meeting in the Council the measures to be implemented by the European Border and Coast Guard Agency and require the Member State concerned to cooperate with the Agency in the implementation of those measures. The Council should approve the proposed measures and their implementation as quickly as possible. The European Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commissionuncil decision, and an operational plan should be drawn up with the Member State concerned.
Amendment 183 #
2015/0310(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The European Border and Coast Guard Agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions. To this end, when launching rapid border interventions at the request of a Member State or in the context of a situation requiring urgent action, the European Border and Coast Guard Agency should be able to deploy European Border and Coast Guard Teams from a rapid reserve pool which should be a standing corps composed of a small percentage of the total number of border guards in the Member States, which should amount to a minimum of 1 500 border guards. The deployment of the European Border and Coast Guard Teams from the rapid reserve pool should be immediately complemented by additional European Border and Coast Guard Teams as appropriate.
Amendment 187 #
2015/0310(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) On 8 October 2015, the European Council called for enlarging the mandate of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to assist Member States in ensuring the effective return of illegally staying third-country nationals, including by organising joint return operations on its own initiative and enhancing its role regarding the acquisition of travel documents. For this purpose, the European Council called for the establishment of a Return Office within the European Border and Coast Guard Agency which should be tasked with the coordination of the Agency’s activities in the field of returnsupport of the Member States in the field of return without commenting on the advisability of return decisions, which is a matter for the competent authorities or courts of the Member States.
Amendment 207 #
2015/0310(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Effective implementation of an integrated management of the external borders necessitates regular, swift and reliable exchange of information among the Member States regarding the management of the external borders, the entry of monitored individuals into EU territory, irregular immigration and return. The European Border and Coast Guard Agency should develop and operate information systems facilitating such exchange in accordance with Union data protection legislation.
Amendment 210 #
2015/0310(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) Cooperation on coast guard functions, notably by means of enhanced collaboration between national authorities and the three EU agencies (the European Border and Coast Guard Agency, the European Fisheries Control Agency and the European Maritime Safety Agency), should in no way affect the division of powers between these agencies as regards the definition of their missions and should not impinge on their autonomy and independence in respect of their initial assignments. This cooperation also enables the creation of synergies between them, without changing their mission statements.
Amendment 227 #
2015/0310(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 262 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
(14a) ‘Coast guard functions’: all fact- finding, monitoring, planning and organisation missions and operations entrusted to a local, regional, national or European authority with the necessary powers to perform maritime surveillance; these missions entail, in particular, safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection.
Amendment 272 #
2015/0310(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Border and Coast Guard Agency shall establish, if its Management Board so decides, an operational and technical strategy for the European integrated border management. It shall promote and ensure the implementation of European integrated border management in all Member States.
Amendment 281 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
a) border control, including measures related to the prevention, detection and investigation of irregular external border crossings and the prevention and detection of cross-border crime, where appropriate;
Amendment 304 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
e) technical and operational measures within the area of free movementSchengen area which are related to border control and designed to prevent irregular immigration and to counter cross- border crime;
Amendment 320 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The Member States must guarantee the proper management of their external borders, in their own interest and in that of all the Member States, in keeping with EU law and the operational and technical strategy for European integrated border management provided for in Article 3(2) of this Regulation, in close cooperation with the Agency.
Amendment 321 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. The Member States must guarantee the proper management of their external borders, in their own interest and in that of all the Member States, in keeping with EU law and the operational and technical strategy for European integrated border management provided for in Article 3(2) of this Regulation, in close cooperation with the Agency.
Amendment 355 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) carry out a vulnerability assessment including the assessment of the capacity and preparedness of Member States to face threats and pressures at the external borders, including disproportionate migratory pressures and security-related threats;
Amendment 399 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point q
Article 7 – paragraph 1 – point q
(q) cooperate with the European Fisheries Control Agency and the European Maritime Safety Agency, in accordance with the remits of those agencies, to support the national authorities carrying out coast guard functions by providing services, information, equipment and training, as well as by coordinating multipurpose operations;
Amendment 404 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Member States may continue cooperation at an operational level with other Member States and/or third countries at external borders, including military operations on a law enforcement mission and in the field of return, where such cooperation is compatible with the action of the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.
Amendment 418 #
2015/0310(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Agency and the national authorities which are responsible for border management and for returns, including coast guards to the extent that they carry out border control tasks, shall be subject to a duty to cooperate in good faith, and an obligation to exchange information.
Amendment 422 #
2015/0310(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The national authorities which are responsible for border management and for returns, including coast guards to the extent that they carry out border control tasks, shall provide the Agency in a timely and accurate manner with all the information necessary for the Agency to perform the tasks conferred on it by this Regulation, in particular for the Agency to monitor the migratory flows towards and within the Union, to carry out risk analysis and to perform the vulnerability assessment.
Amendment 441 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, in particular border control, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, trafficking in human being and terrorism, as well as the situations in neighbouring third countriesrelevant third countries that have played a direct or indirect part in the emergence of these phenomena, with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union.
Amendment 455 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The results of the risk analysis shall be submitted to the Supervisory Board and to the Management Board.
Amendment 470 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. The liaison officers shall act on behalf of the Agency and their role shall be to foster cooperation and dialogue between the Agency and the national authorities which are responsible for border management and for returns, including coast guards to the extent that they carry out border control tasks. The liaison officers shall, in particular:
Amendment 520 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The results of the vulnerability assessment shall be submitted to the Supervisory Board, which shall advise tMember States concerned, which may submit comments on those results. The Executive Director on theshall then recommend measures to be taken by the Member States based on the results of the vulnerability assessment, and taking into account the Agency’s risk analysis and the results of the Schenectady evaluation mechanism.
Amendment 571 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Executive Director shall, on the advice of the Supervisory Board basedis onf the results of the vulnerability assessment, and taking into account the Agency’s risk analysis and the analysis layer of the European situational picture established in accordance with Regulation (EU) No 1052/2013, recommend to the Member State concerned to initiate and carry out joint operations or rapid border interventions. The Agency shall put its technical equipment at the disposal of the host or participating Member States.
Amendment 575 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The objectives of a joint operation or rapid border intervention may be achieved as part of a multi-purpose operation which may involve the rescue of persons in distress at sea or other coast guard functions, the fight against migrant smuggling or trafficking in human beings, drug trafficking control operations,and organised-crime control operations, action to combat trafficking in false travel documents and migration management including identification, registration, debriefing and return.
Amendment 650 #
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 for which it has not requested the Agency's support, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commission, afteruncil, on the basis of a proposal from the Commission which has first consultinged the Agency, mayshall adopt as soon as possible 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 668 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Executive Director shall, within two working days from the date of adoption of the Commission decision, and on the advice of the Supervisory Board, determine the actions needed to be taken for the practical execution of the measures identified in the Commissionuncil decision, including the technical equipment as well as the number and profiles of the border guards and other relevant staff needed to meet the objectives of that decision.
Amendment 676 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The Agency shall, without delay and in any case within three working days from establishment of the operational plan, deploy the necessary technical equipment and staff from the rapid reserve pool referred to in Article 19(5) for the practical execution of the measures set out in the Commissionuncil decision. Additional technical equipment and European Border and Coast Guard Teams shall be deployed as necessary at a second stage and in any case within five working days from the deployment of the rapid reserve pool.
Amendment 679 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The Member State concerned shall comply with the Commissionuncil decision and for that purpose it shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the Executive Director.
Amendment 689 #
2015/0310(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The rapid reserve pool shall be a standing corps placed at the immediate disposal of the Agency and which can be deployed from each Member State within three working days from when the operational plan is agreed upon by the Executive Director and the host Member State. For that purpose, each Member State shall, on a yearly basis, make available to the Agency a number of border guards commensurate to at least 3% of the staff of Member States without land or sea external borders and 2% of the staff of Member States with land or sea external borders, and which shall amountso as to bring the total to a minimum of 1 500 border guards, corresponding to the profiles identified by the decision of the Management Board.
Amendment 730 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) coordinate at technical and operational level the return activities of the Member States, including voluntary returns, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countries and other relevant stakeholders;
Amendment 733 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) coordinate at technical and operational level the return activities of the Member States, including voluntary returns, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countries and other relevant stakeholders;
Amendment 755 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall at least on a monthly basis inform the Agency of their planned national return operations, as well as of their needs for assistance or coordination by the Agency. The Agency shall draw up a rolling operational plan to provide the requesting Member States with the necessary operational reinforcement, including technical equipment. The Agency may, on its own initiative, or at the request of a Member State, include in the rolling operational plan the dates and destinations of return operations it considers necessary, based on a needs assessment. The Management Board shall decide, on a proposal of the Executive Director, on the modus operandi of the rolling operational plan.
Amendment 940 #
2015/0310(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The modalities of the cooperation on coast guard functions of the European Border and Coast Guard Agency with the European Fisheries Control Agency and the European Maritime Safety Agency shall be determined in a working arrangement, in accordance with their respective mandates and the financial rules applicable to the Agencies.
Amendment 946 #
2015/0310(COD)
Proposal for a regulation
Article 52 a (new)
Article 52 a (new)
Article 52a Assessment of European cooperation on coast guard functions 1. The Commission shall submit a report evaluating the implementation of European cooperation on coast guard functions to the European Parliament and the Council by 31 December 2021 at the latest. The report shall analyse and set out, in particular: (a) the arrangements for cooperation between the European Border and Coast Guard Agency, the European Fisheries Control Agency and the European Maritime Safety Agency, and for cooperation with Member States; (b) the missions performed under this cooperation and their quantified results, particularly as regards fisheries control; (c) the benefits of cooperation in terms of improved understanding of the maritime situation as well as operational activities and rapid response to crises at sea; (d) the financial resources used in the context of this cooperation. 2. The European Border and Coast Guard Agency, the European Fisheries Control Agency, the European Maritime Safety Agency and the Member States shall provide the Commission with the information necessary to carry out the assessment referred to in paragraph 1.
Amendment 957 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. In circumstances requiring increased technical and operational assistance, the Agency may coordinate operational cooperation between Member States and third countries in the field of management of external borders, and it shall have the possibility of carrying out joint operations at the external borders involving one or more Member States and a third country neighbouring at least one of those Member States, subject to the agreement of that neighbouring third country, including on the territory of that third country. Participation by Member States in joint operations within the territory of a third country shall be voluntary. The Commission shall be informed of such activities.
Amendment 959 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. In circumstances requiring increased technical and operational assistance, the Agency may coordinate operational cooperation between Member States and third countries in the field of management of external borders, and it shall have the possibility of carrying out joint operations at the external borders involving one or more Member States and a third country neighbouring at least one of those Member States, subject to the agreement of that neighbouring third country, including on the territory of that third country. Participation by Member States in joint operations within the territory of a third country shall be voluntary. The Commission shall be informed of such activities.
Amendment 1070 #
2015/0310(COD)
Proposal for a regulation
Article 69
Article 69
Amendment 30 #
2015/0307(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Control atnd protection of external borders remains one of the main safeguards of the area without controls at internal bordersUnion. It is carried out in the interest of all Member States. One of the purposes of such controls is to prevent any threat to the Member States' internal security and public policy, irrespectively of the origin of such threat.
Amendment 40 #
2015/0307(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The phenomenon of foreign terrorist fighters, many of whom are Union citizens, demonstrates the necessity to strengthen the checks at external borders with regard to Union citizens by checking biometric identifiers and consulting the available databases.
Amendment 53 #
2015/0307(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Technological developments allow in principle to consult relevant databases without delaying the process of crossing the border, as the controls on documents and persons can be carried out in parallel. It is thereforeTherefore, synergies and convergence between information systems and their corresponding infrastructure for Union border management and for customs operations should be structurally improved by making data management in the Union more effective, efficient, interoperable and compatible, with full respect for data protection requirements, in order to better protect the external borders and enhance the internal security of the Union, for the benefit of all citizens. It is also possible without negative effect on persons travelling in good faith to strengthen checks at external borders to better identify those persons who intend to hide their real identity or who are subject to relevant alerts for security reasons or for arrest. Systematic checks should be carried out at all external borders. However, if systematic checks at land and sea borders were to have a disproportionate impact on the flow of traffic at the border, Member States should be allowed not to carry out systematic checks against databases but only if based on a risk analysis assessing that such a relaxation would not lead to a security risk. Such risk assessment should be transmitted to the Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Council Regulation (EC) No 2007/20048 and be the subject of regular reporting both to the Commission and to the Agency. _________________ 8 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p.1).
Amendment 61 #
2015/0307(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) With Council Regulation (EC) No 2252/20049, the Union introduced the facial image and fingerprints as security elements in the passport of Union citizens. These security features have been introduced in order to render the passports more secure and establish a reliable link between the holder and the passport. Member States should therefore systematically verify these biometric identifiers, in case of doubts on the authenticity of the passport or on the identity of its holder. The same verification should apply, where possible, to third-country nationals. _________________ 9 Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p.1).
Amendment 66 #
2015/0307(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States should exchange data, regularly update their existing relevant databases, make full use of existing information systems and establish the necessary technical connections to all information systems and databases, in accordance with their legal bases and obligations. Member States should, in this regard, exchange best practices with each other.
Amendment 71 #
2015/0307(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Since the objective of this Regulation, namely reinforcing the checks against databases at external borders of the European Union in reply in particular to the increase of the terrorist threat concerns one of the safeguards of the area without internal border control and as such concerns the proper functioning of the Schengen area, it cannot be sufficiently achieved by the Member States, but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 72 #
2015/0307(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) For the purpose of maximising the benefits of existing information systems and, if necessary, develop new and complementary actions to address gaps and improve the interoperability of information systems and to ensure effective border controls at the external borders, Member States according to their needs should receive financial support from the Commission.
Amendment 75 #
2015/0307(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Member States that are not in the Schengen area and whose borders constitute the external borders should be fully integrated into the Schengen Information System in order to conduct better border management and help preserve the security of the Union.
Amendment 84 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 1–paragraph 2 – point a – point 3 a (new)
Article 1–paragraph 2 – point a – point 3 a (new)
(3a) the European Criminal Records Information System.
Amendment 91 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 109 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 e (new)
Article 7 – paragraph 2 e (new)
2e. With regard to air borders, paragraphs 2a and 2b shall apply for a maximum transitional period of six months from … [the date of entry into force of this Regulation].
Amendment 69 #
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 who are nationals of Member States or third countries and who sometimes have dual nationality have been linked to several recent attacks or plots, including the attacks in Paris on 13 November 2015 and in Brussels on 22 March 2016. In addition, the European Union and its Member States face increased threats from individuals inspired or instructed by terrorist groups abroad or in Europe but who remain within Europe.
Amendment 77 #
2015/0281(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The fight against terrorism remains primarily a Member State matter. However, the terrorist attacks in Europe in 2015 and 2016 have highlighted the need for coordinated action on the part of the EU Member States to combat terrorism and address the threat which foreign fighters pose within the EU.
Amendment 88 #
2015/0281(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The internet poses specific challenges by virtue of its global and cross-border nature, which can give rise to legal vacuums and jurisdictional conflicts and make it possible for recruiters and radicalised individuals to communicate remotely and easily from all corners of the world without the need to cross physical borders, establish a base or seek sanctuary in a particular country.
Amendment 90 #
2015/0281(COD)
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5b) Certain forms of internet use, and the use of certain applications which provide the basis for other forms of communication, are conducive to radicalisation and to the development and organisation of terrorist networks, enabling fanatics throughout the world to connect with each other and recruit vulnerable individuals without any need for physical contact and in a manner that is difficult to trace.
Amendment 91 #
2015/0281(COD)
Proposal for a directive
Recital 5 c (new)
Recital 5 c (new)
(5c) Each Member State should set up a special unit tasked with flagging illegal content on the internet and with facilitating the detection and removal of such content, on the basis of cooperation with the Internet Referral Unit set up within Europol. The framing, in a manner consistent with fundamental rights and freedom of expression, of an effective strategy for the detection and removal of illegal content which acts as an incitement to violence is essential, as is the dissemination of effective arguments to counter terrorist propaganda.
Amendment 96 #
2015/0281(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Measures designed to combat terrorism will not be fully effective until they are accompanied by an effective, dissuasive and coordinated set of criminal justice measures implemented in all Member States. By criminalising terrorist acts carried out abroad with terrorist organisations, Member States will equip themselves with the tools needed to address the terrorist radicalisation of EU citizens and the phenomenon of foreign fighters. Law enforcement and judicial authorities should have the resources needed to prevent, detect and punish such acts. Their staff should receive ongoing effective training in dealing with terrorism-related crimes.
Amendment 182 #
2015/0281(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Improved cooperation between Member States in combating terrorism must also involve intensive exchanges and cooperation between their judicial authorities and with Eurojust. The resources of Eurojust's Coordination Centre, which should play a critical role in promoting joint actions on the part of Member States’ judicial authorities as regards the collection of evidence, should be strengthened. More use should therefore be made of the Joint Investigation Teams instrument, both among Member States and between Member States and third countries with which Eurojust has established cooperation agreements.
Amendment 183 #
2015/0281(COD)
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17b) Member States should ensure that all foreign fighters are placed under judicial supervision and, where necessary, in administrative detention upon their return to Europe, until such time as the legal proceedings required have been initiated.
Amendment 366 #
2015/0281(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Amendment 39 #
2015/0269(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Certain issues in Directive 91/477/EEC need further improvement to promote harmonious application by the Member States.
Amendment 44 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) 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 holding 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 deactivated in accordance with Implementing Regulation (EU) 2015/2403 or that they are exempt from requirement to be deactivated for reasons connected with the conservation of cultural and historical heritage, provided that obligations relating to safekeeping are met.
Amendment 57 #
2015/0269(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) This directive concerns the legal use of firearms and the security-related conditions for their acquisition, possession and use. Given the risks of misuse for criminal or terrorist purposes resulting from the loss or theft of a legally acquired firearm, appropriate measures should be laid down for the storage of firearms which meet public security and public order requirements.
Amendment 73 #
2015/0269(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To avoid that markings are easily erased and to clarify on which components the marking should be affixed, common Union rules on marking should be introduced. These rules should take account of the new materials used in weapon manufacture and the emergence of three-dimensional weapons. They should also take into account imported weapons.
Amendment 76 #
2015/0269(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Firearms may be used for far more than 20 years. In order to ensure their traceability, records of them should be kept for an indeterminate period of time until destruction is certified by the relevant authorities.
Amendment 79 #
2015/0269(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit the selling of arms and components by means of distance coay down more effective provisions regulating the purchase and sale of firearms, components and ammunication, notably internet, to dealers and broker on the internet and to limit sales to dealers and registered brokers holding permits or licences issued by Member States.
Amendment 87 #
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 beit is impossible to converted them into firearms.
Amendment 91 #
2015/0269(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure appropriate exchange of information between the Member States on authorisations granted and on refusals and on any interruption of an authorisation, 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 adopting an act to enable the Member States to create such a system of exchange of information on authorisations granted and on refusals. 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 128 #
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, 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 and the type or model of the firearm as well as its calibre. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 139 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall make the pursuit of the activity of dealer or broker within their territory conditional upon authorisation on the basis of at least a check of the private and professional integrity and of the abilities of the dealer or broker, and also on the basis of the transparency of the commercial activity. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
Amendment 146 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weaponsIt should be possible for Member States to choose to authorise persons dedicated to the gathering, study and conservation of firearms and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purpose and recognised as such by the Member State in whose territory they are established and holding in theirto 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 deactivated. , provided that those persons demonstrate, prior to being granted authorisation, that they have taken the necessary measures to address any risks to public security or safety, including by way of secure storage. Any such authorisation should take into account and reflect the specific situation, including the nature of the collection and its purposes.
Amendment 149 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 91/477/EEC
Article 4b – paragraph 2
Article 4b – paragraph 2
2. The system referred to in paragraph 1 shall include at least a check of the private and professional integrity and of the abilities of the dealer or broker and also a check of the transparency of the commercial activity. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
Amendment 156 #
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 b
Article 5 – paragraph 1 – point b
b) are not likely to be a danger to themselves and to others, to public order or to public safety; having been convicted of a violent intentional crime shall be considered as indicative of such danger.
Amendment 187 #
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 bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established: (a) to keep in their 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)Commission Implementing Regulation (EU) 2015/2403; or (b) to keep in their possession firearms classified in category A acquired before [the date of entry into force of this Directive] exempted from the requirement to be deactivated for reasons connected with the conservation of cultural and historical heritage, provided that obligations relating to safekeeping are met and it is guaranteed that the weapons thus conserved do not constitute a risk for public safety or public order.
Amendment 218 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 91/477/EEC
Article 10b – paragraph 1
Article 10b – paragraph 1
Member States shall make arrangements for the deactivation of firearms to be verified by a competent authority in order to ensure that the modifications made to each of the essential components of a firearm render it irreversibly inoperable. Member States shall, in the context of this verification, provide for the issuance of a certificate or record attesting to the deactivation of the firearm or the apposition of a clearly visible mark to that effect on the firearm.
Amendment 229 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The competent authorities of the Member States shall exchange information regularly, effectively and electronically on the authorisations granted for the transfers of firearms to another Member State, on any interruption to authorisations granted, as well as information with regard to refusals to grant authorisations as defined in Article 7.
Amendment 230 #
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, accompanied, if appropriate, by proposals in particular as regards the categories of firearms of Annex I and the issues related to the modular design of arms and to new technologies such as 3D printing. The first report shall be submitted two years after the entry into force of this Directive.
Amendment 339 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 91/477/EEC
Article 1 – paragraph 1e a (new)
Article 1 – paragraph 1e a (new)
(ba) The following paragraph is added: ‘1ea. For the purposes of this Directive, “collector” shall mean a natural or legal person who collects and conserves firearms and other components and who is recognised as such by the national authorities of a Member State.’
Amendment 344 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b b(new)
Article 1 – point 1 – point b b(new)
Directive 91/477/EEC
Article 1 – paragraph 1e b (new)
Article 1 – paragraph 1e b (new)
Amendment 566 #
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 shallmay 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 isare no longer met.
Amendment 574 #
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. Collection as referred to in Article 1(1h) shall be a valid reason to acquire and possess firearms in categories B, C, and D for persons who are at least 18 years of age and not likely to be a danger to themselves, to public order, or to public safety. A conviction for a violent intentional crime shall be considered as indicative of such danger.
Amendment 579 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
Amendment 609 #
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 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 inmuseums to hold and acquire category A, B, C and D firearms and their poessession firential parmts 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)and ammunition, provided that strict conditions for secure storage are applied.
Amendment 623 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Member States may authorise, by derogation, the acquisition of category A firearms and their essential components and ammunition if necessary for reasons of public security.
Amendment 636 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts 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 Stateis possible provided that at least one of the stages of the transaction is carried out under the supervision of a national authority or a person authorised to sell weapons.
Amendment 671 #
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 a (new)
Article 7 – paragraph 4 – subparagraph 2 a (new)
An authorisation to hold a category B firearm granted before this directive enters into force may be extended by Member States after its entry into force even if such entry into force causes it to be classed as category A. Such authorisations shall, however, be null and void in the event of a change of ownership.
Amendment 672 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 91/477/EEC
Article 7 a (new)
Article 7 a (new)
7a) The following Article is inserted: 'Article 7a Hunters and marksmen may acquire and hold category B semi-automatic weapons under the following conditions: - marksmen must be registered members of a sports shooting club or association accredited by the public authorities, - a hunter may possess a maximum of five category B firearms, and a marksman may possess a maximum of 12 category B firearms, - upon the application of an accredited sports shooting association and subject to the favourable opinion of a national sports shooting federation, marksmen may receive a derogation enabling them to hold more than the maximum number of firearms for the purposes of training for and participation in national and international competitions, - a hunter or marksman may not permanently hold more than 10 magazines and 1000 items of ammunition.'
Amendment 736 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 2
Article 17 – paragraph 2
The Commission shall, by [date], assess the necessary elements of a system for the exchange of information contained in the computerised data-filing systems referred to in Article 4(4) between the Member States. The Commission's assessment shall be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of information and innovations linked to new technology such as 3D printers and the use of QR codes."
Amendment 740 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point -i (new)
Article 1 – point 13 – point a – point -i (new)
Directive 91/477/EEC
Annex I – part II – point A – category A – point 2
Annex I – part II – point A – category A – point 2
-i) in category A, point 2 is replaced by the following: "2. Automatic firearms and any system or component enabling or facilitating the conversion of a semi- automatic firearm into an automatic firearm;”
Amendment 41 #
2015/0211(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) An EU common list of safe countries of origin should be established on the basis of the common criteria set in Directive 2013/32/EU as it will facilitate the use by all Member States of the procedures linked to the application of the safe country of origin concept and, thereby, increase the overall efficiency of their asylum systems as concerns applications for international protection which are likely to be unfounded. This common list of safe countries of origin should make it easier for countries facing high migratory to process asylum requests. The accelerated processing of asylum applications from nationals of safe countries of origin will make it easier and faster for Member States to focus on giving international protection to those who need it most. The establishment of an EU common list will also address some of the existing divergences between Member States’ national lists of safe countries of origin, whereby applicants for international protection originating from the same third countries are not always subject to the same procedures in the Member States. While Member States should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those appearing on the EU common list as safe countries of origin, the establishment of such a common list will ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on this list. This will accordingly facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection. In that context, the possibility to take in the future further steps of harmonisation that could lead to the elimination of the need for national lists of safe countries of origin should be considered after a period of three years following the entry into force of this Regulationwhen the EU list is comprehensive enough to replace the national lists, on the basis of a report to be presented by the Commission.
Amendment 47 #
2015/0211(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Member States should make sure that the national lists of safe countries of origin and the EU common list are consistent with one another. A country withdrawn or suspended from the EU common list should not be considered a safe country of origin at national level.
Amendment 48 #
2015/0211(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) In view of the harmonisation of national lists of safe countries of origin, the Commission should carry out regular studies on migration flows in the Member States, the admissibility of international protection requests and the effectiveness of returns to make sure that the EU common list of safe countries of origin is complete and effective. The Commission should then draw up a proposal to enlarge the common list of safe countries of origin, on the basis of a range of information sources at its disposal, in particular EEAS reports and information provided by the Member States, EASO, the UNHCR, the Council of Europe and other relevant international organisations, if the studies indicate that this is appropriate.
Amendment 50 #
2015/0211(COD)
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) The Member States should be able to send the Commission proposals for countries to be added to the common list of safe countries of origin. The Commission should examine those proposals within six months of their submission, on the basis of a range of information sources at its disposal, in particular EEAS reports and information provided by the Member States, EASO, the UNHCR, the Council of Europe and other relevant international organisations. If it decides that a third country can be added to the list, the Commission should draw up a proposal to enlarge the EU common list of safe countries of origin.
Amendment 51 #
2015/0211(COD)
Proposal for a regulation
Recital 4 d (new)
Recital 4 d (new)
(4d) The Commission must ensure that, for every third country on the EU common list of safe countries of origin, there is an efficient EU return policy with readmission agreements that must be complied with fully for EU aid to be sent to those countries.
Amendment 52 #
2015/0211(COD)
Proposal for a regulation
Recital 4 e (new)
Recital 4 e (new)
(4e) When negotiating readmission agreements between the EU and a third country, the Commission should consider adding that country to the common list of safe countries of origin. The Commission should then draw up a reasoned assessment of that country’s compliance with the conditions set out under Annex I of Directive 2013/32/EU.
Amendment 60 #
2015/0211(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 84 #
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. A third country which is withdrawn or suspended from the EU common list shall no longer be considered a safe country of origin in the national lists.
Amendment 89 #
2015/0211(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Amendment 94 #
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 year or less.
Amendment 96 #
2015/0211(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. If, during the suspension period, it becomes clear from the available information that the situation in the third country has stabilised, the Commission can take the decision to lift the suspension of that country from the common list of safe countries of origin. The Council and European Parliament shall be kept informed.
Amendment 99 #
2015/0211(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 112 #
2015/0211(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
Directive 2013/32/EU
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States may retain or introduce legislation that allows, in accordance with Annex I, for the national designation of safe countries of origin other than those on the EU common list of safe countries of origin established by Regulation (EU) No XXXX/2015 [this Regulation] for the purposes of examining applications for international protection. They are responsible for making sure that the national lists of safe countries of origin and the EU common list are consistent with one another.
Amendment 435 #
2014/2248(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the fact that, until the Treaties cease to apply to the United Kingdom, it will continue to participate in all decision-making of the Union throughout its institutions, with the exception of the negotiations and the agreement concerning its own withdrawal; considers that intermediate arrangements will need to be made concerning the UK’s participation in European decision-making, as it will be politically difficult to allow a Member State in the process of leaving to influence decisions affecting– particularly European Parliament votes – affecting the future of the Union of which it will soon cease to be a member;
Amendment 448 #
2014/2248(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls for the headquarters of the European Medicines Agency, currently in London, to be moved to another Member State;
Amendment 821 #
2014/2248(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Points out that the excessive number and redundancy of emergency resolutions, but also of some subjects which address only the subsidiarity of Members States in the European Parliament’s reports, weaken their political and diplomatic impact;
Amendment 892 #
2014/2248(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 897 #
2014/2248(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates its call for a singlPoints out that the seat ofor the European Parliament; proposes that Parliament and the Council each decide the location of their own seat after having obtained the consent of the other; further proposes that the s is in Strasbourg and that its places of work can only be changed by meatns of all the other EU institutions,n agmencies and bodies be determined by Parliadment andto the Council on a proposal by the European executive, acting in accordance with a special legislative procedureTreaty on European Union;
Amendment 906 #
2014/2248(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Calls, in the interests of transparency, for a study to be carried out on the cost of all the European Union’s agencies and bodies being spread across the Member States; calls for a study to be carried out to calculate the savings that would be made by moving all the European Union’s decentralised bodies to its capital: Strasbourg;
Amendment 908 #
2014/2248(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Calls, in the light of the decentralised European Union institutions and the need for citizens to see and feel close to the European Parliament, for the permanent recognition as part of treaty revisions of the fact that the European Parliament has officially and historically had its headquarters in Strasbourg;
Amendment 125 #
2014/0095(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point b a (new)
Article 5 – paragraph 5 – point b a (new)
ba) the certificate produced by the organiser setting out the subject of the application and duration of artistic tour or the sports season, the planned itinerary and confirmation that the applicant is an employee or guest for the duration of the artistic tour or sports season in the Member States concerned;
Amendment 126 #
2014/0095(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point b b (new)
Article 5 – paragraph 5 – point b b (new)
bb) the employment contract between the applicant and the organiser or the employer when the latter is not the organiser or any other appropriate document providing evidence of the artistic or sports activity of the applicant;
Amendment 142 #
2014/0095(COD)
Proposal for a regulation
Article 7 – paragraph 7 – point b a (new)
Article 7 – paragraph 7 – point b a (new)
ba) the certificate produced by the organiser setting out the subject of the application and duration of artistic tour or the sports season, the planned itinerary and confirmation that the applicant is an employee or guest for the duration of the artistic tour or sports season in two or more Member States;
Amendment 143 #
2014/0095(COD)
Proposal for a regulation
Article 7 – paragraph 7 – point b b (new)
Article 7 – paragraph 7 – point b b (new)
bb) the employment contract between the applicant and the organiser or the employer when the latter is not the organiser or any other appropriate document providing evidence of the artistic or sports activity of the applicant;
Amendment 157 #
2014/0095(COD)
Proposal for a regulation
Annex I – title
Annex I – title
21. Purpose(s) of the journey □ Tourism □ Business □ Work □ Research □ Study □ Other (please specify): □ Work
Amendment 99 #
2014/0094(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 104 #
2014/0094(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) It is necessary to set out rules on the transit through international areas of airports in order to combat irregular immigration and address any serious threats to public policy or internal security. To this end a common list of third countries the nationals of which should be required to hold airport transit visas should be established. Nevertheless, when a Member State experiences a sudden and substantial influx of irregular immigrants or a serious threat to public policy or internal security, it should be be able to introduce temporarily the airport transit visa requirement for nationals of a given third country. The conditions and procedures for doing so should be laid down, in order to ensure that the application of this measure is limited in time and that in accordance with the principle of proportionality, it does not go beyond what is necessary in order to achieve the objective. The scope of the airport transit visa requirement should be limited to responding to the specific situation that prompted the introduction of the measure.
Amendment 109 #
2014/0094(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to facilitate the visa application procedure of any subsequent application, it should be possible to copy fingerprints from the first entry into the VIS within a period of 59 months and to carry out further checks or collect the fingerprints again if any doubts arise. Once this period of time has elapsed, the fingerprints shouldmust be collected again.
Amendment 110 #
2014/0094(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 116 #
2014/0094(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Professional, cultural and sports associations known to the consulate for their reliability and integrity, as well as accredited commercial intermediaries should be allowed to lodge applications on behalf of visa applicants.
Amendment 118 #
2014/0094(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Multiple entry visas with a long validity should be issued according to objectively determined criteria. The validity of a multiple entry visa cshould not, in principle, go beyond the validity of the travel document in which it is affixed.
Amendment 121 #
2014/0094(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 138 #
2014/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. '‘touring visa'’ means a visa as defined in Article 3(2) of [Regulation No…/…]n authorisation issued by a Member State with a view to an intended stay in the territory of two or more Member States for a duration of more than 90 days in any 180-day period, provided that the applicant does not stay for more than 90 days in any 180-day period in the territory of the same Member State;
Amendment 139 #
2014/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 145 #
2014/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. 'VIS registered regular traveller' means a visa applicant who is registered in the Visa Information System and who has obtained twoand made lawful use of three visas within the 128 months prior to the application and has shown that he fulfilled the entry conditions, and the risk assessment concerning whom has proved satisfactory;
Amendment 148 #
2014/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
12. 'valid travel document' means a travel document that is not false, counterfeit or forged, which has not been either stolen or improperly obtained, and the period of validity of which as defined by the issuing authority has not expired;
Amendment 152 #
2014/0094(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where there is a sudden and substantial influx of irregular immigrants or a serious threat to public policy or internal security, a Member State may require nationals of third countries other than those referred to in paragraph 1 to hold an airport transit visa when passing through the international transit areas of airports situated on its territory. The duration of such a measure shall not exceed 12 months. The scope and duration of the airport transit visa requirement shall not exceed what is strictly necessary to respond to the sudden and substantial influx of irregular immigrants or the serious threat to public policy or internal security.
Amendment 154 #
2014/0094(COD)
Proposal for a regulation
Article 3 – paragraph 4 – point a
Article 3 – paragraph 4 – point a
(a) the reason for the planned airport transit visa requirement, substantiating the sudden and substantial influx of irregular immigrants or the serious threat to public policy or internal security;
Amendment 156 #
2014/0094(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 158 #
2014/0094(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Member State may prolong the application of the airport transit visa requirement only once where the lifting of the requirement would lead tofor as long as necessary, on condition that the duration of this prolongation is proportionate and does not exceed what is strictly necessary in order to cope with a substantial influx of irregular migrants. Paragraph 3 shall apply to such or a serious threat to public prolongationicy or internal security.
Amendment 160 #
2014/0094(COD)
Proposal for a regulation
Article 3 – paragraph 6 a (new)
Article 3 – paragraph 6 a (new)
6a. Where the Member State plans to prolong the application of the airport transit visa requirement, it shall notify the European Commission accordingly as soon as possible, supplying the following information: (a) the reason for the planned prolongation of the airport transit visa requirement, showing that a suspension of the obligation would lead to a sudden and substantial influx of irregular immigrants or a serious threat to public policy or internal security; (b) the scope and duration of the planned prolongation of the airport transit visa requirement.
Amendment 161 #
2014/0094(COD)
Proposal for a regulation
Article 3 – paragraph 6 b (new)
Article 3 – paragraph 6 b (new)
6b. Following the notification by the Member State concerned in accordance with paragraphs 4 and 5, the Commission may issue an opinion.
Amendment 164 #
2014/0094(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. By way of derogation from paragraph 1, applications may be examined and decided on at the external borders of the Member States by the authorities responsible for checks on persons, in accordance with Articles 32 , 33 and 34.
Amendment 171 #
2014/0094(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Third-country nationals who have lost their travel document, or from whom this document has been stolen, while staying in the territory of a Member State, may, on the strength of a declaration of theft or loss issued by the competent authority of that Member State, leave that territory on the basis of a valid travel document entitling them to cross the border issued by a consulate of their country of nationality without any visa or other authorisation.
Amendment 177 #
2014/0094(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 183 #
2014/0094(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The consulate shall, in so far as possible, allow to lodge the application either without prior appointment or with an immediate appointment at short notice to family members of Union citizens as referred to in Article 3 of Directive 2004/38/EC.
Amendment 184 #
2014/0094(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. In justified cases of urgency which the consulate considers to be justified, the consulate shall allow applicants to lodge their applications either without appointment, or an immediate appointment shall be given at short notice.
Amendment 186 #
2014/0094(COD)
Proposal for a regulation
Article 8 – paragraph 6 – point c
Article 8 – paragraph 6 – point c
(c) a professional, cultural, sports or educational association or institution known to the consulate for its reliability and integrity.
Amendment 188 #
2014/0094(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. An applicant shall not be required to appear in person at more than one location in order to lodge an visa application.
Amendment 198 #
2014/0094(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point f a (new)
Article 9 – paragraph 3 – point f a (new)
(fa) where appropriate, evidence that the applicant has valid travel medical insurance as referred to in Article 15.
Amendment 200 #
2014/0094(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Each applicant shall submit an application form, as set out in Annex I, completed manually or electronically completed and signed application fmanually orm, as set out in Annex Iwhere possible, electronically. Persons included in the applicant’s travel document shall submit a separate application form. Minors shall submit an application form signed manually, or where possible electronically, by a person exercising permanent or temporary parental authority or legal guardianship.
Amendment 202 #
2014/0094(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 210 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) information enabling an assessment of the applicant’s intention toproving that he will leave the territory of the Member States before the expiry of the visa applied for.
Amendment 212 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Points (b), (c) and (d) of paragraph 1 do not, in principle, apply to applicants who are VIS registered regular travellers and who have lawfully used the two previously obtained visas.
Amendment 216 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Amendment 219 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
Family members of Union citizens as referred to in Article 3 of Directive 2004/38/EC shall provide only documentary evidence proving that they travel to accompany or join the Union citizen and, the family relationship with the Union citizen as referred to in Article 2(2) or the other circumstances referred to in Article 3(2) of that Directive, and information proving that they will leave the territory of the Member States before the expiry of the visa applied for.
Amendment 221 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The list of supporting documents which may be requested from the applicant in order to verify the fulfilment of the conditions listed in paragraph 1 is set out in Annex II. In accordance with Article 18(10), that list does not preclude the possibility of requiring further documents to be supplied in order to check that the entry conditions laid down in Article 5(1)(a), (c), (d) and (e) of Regulation (EC) No 562/2006 are fulfilled and that the risk assessment referred to in Article 18(1) is satisfactory.
Amendment 225 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The consulate shall start processing the visa application on the basis of facsimile or copies of the supporting documents. Applicants who are not yet registered in the VIS shall provide the original. The consulate may ask for original documents from applicants who are VIS registered applicants orand from VIS registered regular travellers, only where there is doubt about the authenticity of a specific document.
Amendment 231 #
2014/0094(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Travel medical insurance 1. Applicants for a uniform visa for one or more entries shall prove that they are in possession of adequate and valid travel medical insurance to cover any expenses which might arise in connection with repatriation for medical reasons or in the event of death, urgent medical attention and/or emergency hospital treatment, during their stay(s) on the territory of the Member States. 2. Applicants for a uniform visa for more than two entries (‘multiple entries’) shall prove that they are in possession of adequate and valid travel medical insurance covering the period of their first intended visit. In addition, such applicants shall sign the statement, set out in the application form, declaring that they are aware of the need to be in possession of travel medical insurance for subsequent stays. 3. The insurance shall be valid throughout the territory of the Member States and cover the entire period of the person’s intended stay or transit. The minimum coverage shall be EUR 30 000. When a visa with limited territorial validity covering the territory of more than one Member State is issued, the insurance cover shall be valid at least in the Member States concerned. 4. Applicants shall, in principle, take out the insurance in their country of residence. Where this is not possible, they shall seek to obtain insurance in any other country. When another person takes out insurance in the name of the applicant, the conditions set out in paragraph 3 shall apply. 5. When assessing whether the insurance cover is adequate, consulates shall ascertain whether claims against the insurance company would be recoverable in a Member State. 6. The insurance requirement may be considered to have been met where it is established that an adequate level of insurance may be presumed in the light of the applicant’s professional situation. The exemption from presenting proof of travel medical insurance may concern particular professional groups, such as seafarers, who are already covered by travel medical insurance as a result of their professional activities. 7. Holders of diplomatic passports shall be exempt from the requirement to hold travel medical insurance.
Amendment 233 #
2014/0094(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. AEach applicants shall pay a visa fee of EUR 60 for a single-entry visa, EUR 80 for a multiple-entry visa valid for one year, and EUR 100 for a multiple-entry visa valid for more than one year.
Amendment 238 #
2014/0094(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point d
Article 14 – paragraph 3 – point d
(d) where appropriate, holders of diplomatic and service passports;
Amendment 239 #
2014/0094(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point e
Article 14 – paragraph 3 – point e
(e) participantrepresentatives of non-profit organisations aged 25 years or less participating in seminars, conferences, sports, cultural or educational events organised by non-profit organisations;
Amendment 242 #
2014/0094(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point f
Article 14 – paragraph 3 – point f
Amendment 252 #
2014/0094(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) the application contains the items referred to in Article 9(3)(a) to (c) and (fa),
Amendment 263 #
2014/0094(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In the examination of an application for a uniform visa lodged by a VIS registered regular traveller who has lawfully used the two previously obtained visas, it shall be presumed that, the applicant must fulfils the entry conditions regarding the risk of irregular immigration, a risk to the security of the Member States, and the possession of sufficient means of subsistence.
Amendment 265 #
2014/0094(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The presumption referred to in paragraph 2 shall not apply where the consulate has reasonable doubts about the fulfilment of these entry conditions based on information stored in the VIS, such as decisions annulling a previous visa, or in the passport, such as entry and exit stamps, in the SIS or in any other relevant item of information. In such cases, the consulates may carry out an interview and request additional documents, in accordance with paragraph 10 of this Article.
Amendment 267 #
2014/0094(COD)
Proposal for a regulation
Article 18 – paragraph 5 – point a
Article 18 – paragraph 5 – point a
(a) that the travel document presented is not false, counterfeit or forged and that it is valid;
Amendment 268 #
2014/0094(COD)
Proposal for a regulation
Article 18 – paragraph 8 – point a
Article 18 – paragraph 8 – point a
(a) that the travel document presented is not false, counterfeit or forged and that it is valid;
Amendment 269 #
2014/0094(COD)
Proposal for a regulation
Article 18 – paragraph 10
Article 18 – paragraph 10
10. During the examination of an application, consulates may in justified cases carry out an interview and request additional documents in accordance with Article 13(4).
Amendment 273 #
2014/0094(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The central authorities consulted shall reply definitively within five calendarworking days after being consulted. The absence of a reply within this deadline shall mean that they have no grounds for objecting to the issuing of the visa.
Amendment 274 #
2014/0094(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Applications shall be decided on within 105 calendar days of the date of the lodging of an application which is admissible in accordance with Article 17.
Amendment 282 #
2014/0094(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. That period may be extended up to a maximum of 205 calendar days in individual cases, notably when further scrutiny of the application is needed.
Amendment 286 #
2014/0094(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Applications of close relatives of the Union citizens referred to in Article 8(3) and of family members of Union citizens as referred to in Article 3(1) of Directive 2004/38/EC shall be decided on within 5 calendarworking days of the date of the lodging of an application. That period may be extended up to a maximum of 10 calendarworking days in individual cases, notably when further scrutiny of the application is needed.
Amendment 288 #
2014/0094(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 290 #
2014/0094(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
A visa may be issued for one or multiple entries. The period of validity of a multiple entry visa shall not exceed five years. The period of validity of a multiple entry visa mayshall not, in principle, extend beyond the period of validity of the passport to which the visa is affixed.
Amendment 295 #
2014/0094(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. VIS registered regular travellers who have lawfully used the two previously obtained visas shallmay be issued a multiple entry visa valid for at least three years.
Amendment 299 #
2014/0094(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Applicants referred to in paragraph 3 who have lawfully used the multiple entry visa valid for three years shallmay be issued a multiple entry visa valid for five years provided that the application is lodged no later than one year from the expiry date of the multiple entry visa valid for three years.
Amendment 300 #
2014/0094(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. A multiple-entry visa valid for up to 5 years may be issued to an applicant who proves the need or justifies the intention to travel frequently and/or regularly provided that the applicant proves his integrity and reliability, in particular the lawful use of previous uniform visas or visas with limited territorial validity, his economic situation in the country of origin and his genuine intention to leave the territory of the Member States before the expiry of the visa for which he has applied and the applicant shows that he is compelled, particularly for professional reasons, to travel frequently and/or regularly or shows that he has such an intention, which is the case, for example, for businesspeople or state officials who regularly travel on official business in the European Union Member States or to the European Union Institutions.
Amendment 314 #
2014/0094(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Member States may add national entries in the ‘comments’ section of the visa sticker, which shall neither duplicate the entries established in accordance with the procedure referred to in paragraph 2 nor indicate a specific travel purpose.
Amendment 317 #
2014/0094(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a – point i
Article 29 – paragraph 1 – point a – point i
(i) presents a travel document which is false, counterfeit or forged and/or invalid;
Amendment 318 #
2014/0094(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a – point vi
Article 29 – paragraph 1 – point a – point vi
(vi) is considered to be a threat to public policy, internal security or public health as defined in Article 2(19) of Regulation (EC) No 562/2006 or to the international relations of any of the Member States, in particular where an alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds; or
Amendment 319 #
2014/0094(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a – point vi a (new)
Article 29 – paragraph 1 – point a – point vi a (new)
(vi a) does not provide proof of holding valid travel medical insurance;
Amendment 335 #
2014/0094(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 354 #
2014/0094(COD)
Proposal for a regulation
Article 46 – paragraph 3 – point c a (new)
Article 46 – paragraph 3 – point c a (new)
(ca) information on insurance companies providing adequate travel medical insurance, including verification of the type of coverage and the possible excess amount.
Amendment 32 #
2013/0186(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The financing of the national supervisory authorities should guarantee their independence, and should allow them to operate in accordance with the principles of fairness, transparency, non- discrimination and proportionality. Appropriate procedures for appointing staff should contribute to guaranteeing the independence of the national supervisory authorities, ensuring in particular that the appointment of persons in charge of strategic decisions is made by a public authority which does not directly exert ownership rights over air navigation service providersand suitable provisions should guarantee that persons in charge of strategic decisions act independently.
Amendment 98 #
2013/0186(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In the cooperative decision making process for the decisions to be taken by the Network Manager, the interest of the network should prevail except in cases where defence and national security requirements so require. Parties to the cooperative decision-making process should therefore act to the maximum extent possible with a view to improving the functioning and performance of the network. The procedures for the cooperative decision-making process should promote the interest of the network, and be such that issues are resolved and consensus found wherever possible.
Amendment 120 #
2013/0186(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The application of this Regulation shall be without prejudice to Member States' sovereignty over their airspace and to the requirements of the Member States relating to public order, public security and defence matters, as set out in Article 44, and to their national security as set out in TUE article 4§2. This Regulation does not cover military operations and training but a coordination with the military authorities shall be ensured to address potential impacts of the application of this regulation on those activities.
Amendment 192 #
2013/0186(COD)
Proposal for a regulation
Article 3 – paragraph 6 – introductory part
Article 3 – paragraph 6 – introductory part
6. In addition to the requirements set out in paragraph 5, persons in charge of strategic decisions shall be appointed by an entity of the Member State concerned which does not directly exert ownership rights over air navigation service providers. Member States shall decide whether these persMember States shall decide whether persons in charge of a strategic decisions are appointed for a fixed and renewable term, or on a permanent basis which only allows dismissal for reasons not related to their decision-making. Persons in charge of strategic decisions shall not seek or take instructions from any government or other public or private entity when carrying out their functions for the national supervisory authority and shall have full authority over the recruitment and management of its staff.
Amendment 482 #
2013/0186(COD)
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
Article 13 – paragraph 3 – introductory part
3. Draft performance plans for en route air navigation services shall contain performance targets for en route air navigation services that are consistent with the respective Union-wide performance targets in all key performance areas and fulfil the additional conditions laid down in the third subparagraph. Military operations and training shall not be considered as a criteria when assessing the performance targets.
Amendment 854 #
2013/0186(COD)
Proposal for a regulation
Article 27 – paragraph 7
Article 27 – paragraph 7
7. The Network Manager shall take decisions through a cooperative decision- making process. Parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network. The cooperative decision-making process shall promote the interest of the network, taking into account the essential security interests of the Member states and their competence to ensure national security.
Amendment 883 #
2013/0186(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Taking into account the organisation of military aspects under their responsibility, Member States shall ensure the application within the single European sky of the concept of the flexible use of airspace as described by ICAO and as developed by Eurocontrol, in order to facilitate airspace management and air traffic management in the context of the common transport policy and in consistency with the European ATM Master Plan .
Amendment 5 #
2012/2308(INI)
Motion for a resolution
Citation 4
Citation 4
Amendment 5 #
2012/2308(INI)
Draft opinion
Paragraph A
Paragraph A
Amendment 6 #
2012/2308(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 8 #
2012/2308(INI)
Draft opinion
Paragraph A
Paragraph A
A. whereas certain petitions have been deposited requesting that the establishment of the European Parliament in more than one plahaving regard to Protocol No 6 annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union, having regard to Protocol No 3 annexed to the Treaty establishing the European Atomic Energy Community, having regard to Article 1(a) of the Edinburgh decision of 12 December 1992, having regard to Article 341 TFEU, having regard to the judgments of the Court of Justice of the European Union of 1 October 1997 and 13 Dece mbe discontinued; r 2012, having regard to the report drawn up by Parliament's Secretariat in 2010 in response to the questionnaire submitted in connection with the preparations for Parliament’s 2011 discharge;
Amendment 11 #
2012/2308(INI)
Motion for a resolution
Citation 10
Citation 10
Amendment 12 #
2012/2308(INI)
Draft opinion
Paragraph A – point 1 (new)
Paragraph A – point 1 (new)
(1) whereas, on the basis of Article 341 TFEU, the Protocol on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union forms an integral part of the Treaties and thus of EU primary law, having been ratified, as part of the Treaty of Amsterdam, by all the Member States in accordance with their respective constitutional rules;
Amendment 17 #
2012/2308(INI)
Draft opinion
Paragraph A b (new)
Paragraph A b (new)
Ab. having regard to the requirements set out in the Treaty, which, following the adoption of the Treaty of Amsterdam in 1997, has formally laid down for Parliament an arrangement involving a seat in Strasbourg and two other sites in Brussels and Luxembourg;
Amendment 19 #
2012/2308(INI)
Draft opinion
Paragraph A c (new)
Paragraph A c (new)
Ac. whereas the seats of some European institutions were chosen on account of their symbolic significance, one such example being Strasbourg, the city which symbolises the process of Franco-German reconciliation which is at the root of the European peace project;
Amendment 21 #
2012/2308(INI)
Draft opinion
Paragraph A d (new)
Paragraph A d (new)
Ad. whereas, in accordance with the sole article of Protocol No 6 annexed to the TFEU, the European Parliament has its seat in Strasbourg, the Council has its seat in Brussels, the Commission has its seat in Brussels, the Court of Justice of the European Union has its seat in Luxembourg, the Court of Auditors has its seat in Luxembourg, the Economic and Social Committee has its seat in Brussels, the Committee of the Regions has its seat in Brussels, the European Investment Bank has its seat in Luxembourg, the European Central Bank has its seat in Frankfurt and the European Police Office (Europol) has its seat in The Hague;
Amendment 23 #
2012/2308(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the protocols on the seats of the institutions are governed by mutual respect for the respective powers of the Member States and of Parliament;
Amendment 23 #
2012/2308(INI)
Draft opinion
Paragraph A f (new)
Paragraph A f (new)
Af. having regard to the document drawn up by Parliament’s Secretariat entitled ‘Replies and follow-up to the discharge for 2010’;
Amendment 25 #
2012/2308(INI)
Draft opinion
Paragraph B
Paragraph B
B. whereas one of these petitions (0630/2006) bears the signatures of more than one million citizens of the EUa number of petitions have been deposited concerning the seat and places of work of the European Parliament;
Amendment 26 #
2012/2308(INI)
Draft opinion
Paragraph B
Paragraph B
B. whereas one of these petitions (0630/2006) does not bears the signatures of more than one million citizens of the EU; one million signatures required for compliance with Rule 201(2) (Rule 191(2) when the petition was deposited) of Parliament’s Rules of Procedure, and whereas, moreover, its originators are MEPs seeking to circumvent the Treaties;
Amendment 29 #
2012/2308(INI)
Draft opinion
Paragraph B a (new)
Paragraph B a (new)
Ba. whereas, pursuant to the former Rule 191(2) and the current Rule 201(2) of Parliament’s Rules of Procedure, petitions to Parliament ‘shall show the name, nationality and permanent address of each petitioner’, which ‘petition’ 0630/2006 clearly does not do;
Amendment 30 #
2012/2308(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Article 232 TFEU allowrequires Parliament to adopt its own rules of procedure and to determine the length of plenary sessionby a majority of its Members;
Amendment 30 #
2012/2308(INI)
Draft opinion
Paragraph B b (new)
Paragraph B b (new)
Bb. whereas petitions and the more recently introduced European Citizen’s Initiative must not be used for polemical purposes by representatives of EU citizens;
Amendment 33 #
2012/2308(INI)
Draft opinion
Paragraph C
Paragraph C
Amendment 34 #
2012/2308(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the ECJ has stated that the location of the seat is not to hinder the well-functioning of Parliament; whereas it has further stated that there are disadvantages and costs engendered by the plurality of working locations, but also that any improvement of the current situation requires a Treaty change and, thus, the consent ofresponsibility for remedying this lies neither with Parliament nor with the Court, but, rather, by exercising their exclusive power to determine the seats of the institutions, with the Member States;
Amendment 36 #
2012/2308(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas on two occasions, in 1997 and 2012, the Court of Justice of the European Union pointed out that the fact that Parliament’s seat is in Strasbourg is determined by the TFEU; whereas it has also confirmed Protocol No 6 in clarifying the conditions for the application thereof; whereas it has fully acknowledged the power of Parliament to determine its own internal organisational arrangements, since Parliament may adopt appropriate measures to ensure its proper functioning and proper conduct of its proceedings, but the question of determining its seat does not come within that remit;
Amendment 37 #
2012/2308(INI)
Motion for a resolution
Recital E
Recital E
E. whereas Parliament has undergone a complete transformation, from a consultative body with 78 seconded members that – mostly for practical reasons – shared its facilities with the Parliamentary Assembly of the Council of Europe in Strasbourg, into a fully fledged, directly elected Parliament with 754 members thatcomprises 754 Members elected by direct universal suffrage and is today co-legislator on equal terms with the Council;
Amendment 38 #
2012/2308(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas Strasbourg has been the meeting place of the Parliamentary Assembly of the Council of Europe since 1949 and then, from 1952, played host to the Parliamentary Assembly of the European Coal and Steel Community;
Amendment 39 #
2012/2308(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the seat of the European Parliament in Strasbourg was confirmed by the Edinburgh European Council in 1992 and the Amsterdam Treaty in 1997 and then incorporated in the Lisbon Treaty in 2009;
Amendment 40 #
2012/2308(INI)
Motion for a resolution
Recital F
Recital F
F. whereas this is most clearly illustrated by the growth of its legislative capacity, as reflec is illustrated inby the increase in the number of co-decision procedures (now ordinary legislative procedures) from 165 in 1993- 1999 to 454 in 2004-2009, to an even greater number in the current legislature;
Amendment 42 #
2012/2308(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the increase in legislative activity and responsibility is reflected in the fact that the number of statutory staff in Brussels increased by 377 % (from 1 180 to 5 635 staff members) from 1993 to 2013, by far exceeding the 48 % increase in the number of MEPs in the same periodincrease in staff at Parliament’s three places of work;
Amendment 43 #
2012/2308(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the structure of Parliament’s calendar (fixed during the Edinburgh Summit in 1992) predates all changes to its rolehas not been called into question, since it was confirmed in Protocol No 6 annexed to the Treaty of Lisbon, and the increase in Parliament’s powers arising from the adoption of the Treaties of Maastricht, Amsterdam, Nice and Lisbon has therefore been taken into account;
Amendment 44 #
2012/2308(INI)
Draft opinion
Paragraph C a (new)
Paragraph C a (new)
Ca. whereas the official seat of the European Parliament in Strasbourg is provided for by the Treaties;
Amendment 46 #
2012/2308(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas all the countries which have joined the European Union have ratified Protocol No 6;
Amendment 47 #
2012/2308(INI)
Motion for a resolution
Recital K
Recital K
Amendment 47 #
2012/2308(INI)
Draft opinion
Paragraph C a (new)
Paragraph C a (new)
Ca. whereas two judgments given by the Court of Justice of the European Union in 1997 and 2012 recalled that the TFEU locates the seat of the European Parliament in Strasbourg and whereas the conditions for the application of Protocol No 6 have been clarified;
Amendment 49 #
2012/2308(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the fact of geographical distance between the official seats of the co- legislative bodies – 435 km – isolates Parliament not only fromreflects the multi- centre principle with regard to the seats of the European institutions and, during part-sessions, the attention of the Council and the Commission, but also ofrom other stakeholders, such as NGOs, civil society organisations and Member State representations, and ofrom one of the world’s largest international journalistic communities, is fully focused on the work of Parliament;
Amendment 49 #
2012/2308(INI)
Draft opinion
Paragraph C a (new)
Paragraph C a (new)
Ca. whereas petitions are not an instrument for evading the Treaties but an instrument for use by European citizens to improve EU legislation which creates obstacles in their everyday life or to provide them with assistance so as to support them if their rights as citizens are disregarded;
Amendment 50 #
2012/2308(INI)
Draft opinion
Paragraph C b (new)
Paragraph C b (new)
Cb. whereas the European Parliament’s seat in Strasbourg was confirmed by the Edinburgh European Council in 1992;
Amendment 51 #
2012/2308(INI)
Motion for a resolution
Recital M
Recital M
Amendment 54 #
2012/2308(INI)
Draft opinion
Paragraph C c (new)
Paragraph C c (new)
Cc. whereas the EU Court of Justice has given two judgments – in 1997 and 2012 – whose gist was the same;
Amendment 55 #
2012/2308(INI)
Draft opinion
Paragraph C c (new)
Paragraph C c (new)
Cc. whereas Strasbourg has been the meeting place of the Parliamentary Assembly of the Council of Europe since 1949 and then, from 1952, played host to the Parliamentary Assembly of the European Coal and Steel Community;
Amendment 56 #
2012/2308(INI)
Draft opinion
Paragraph C c (new)
Paragraph C c (new)
Cc. whereas, if a debate is initiated concerning the seat of the European Parliament, it will inevitably lead to discussion of the distribution of the seats of the European Institutions, which is laid down in the Treaty, and whereas the budgetary discharges of the European agencies could be affected by it;
Amendment 57 #
2012/2308(INI)
Draft opinion
Paragraph C d (new)
Paragraph C d (new)
Cd. whereas the seat of the European Parliament in Strasbourg was confirmed by the Edinburgh European Council in 1992 and the Amsterdam Treaty in 1997 and then incorporated in the Lisbon Treaty in 2009;
Amendment 59 #
2012/2308(INI)
Motion for a resolution
Recital M – footnote 5
Recital M – footnote 5
Amendment 59 #
2012/2308(INI)
Draft opinion
Paragraph C f (new)
Paragraph C f (new)
Cf. whereas, if a debate is initiated concerning the seat of the European Parliament, it will inevitably lead to discussion of the distribution of the seats of the European Institutions, which is laid down in the Treaty;
Amendment 60 #
2012/2308(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 64 #
2012/2308(INI)
Motion for a resolution
Recital N
Recital N
Amendment 68 #
2012/2308(INI)
Motion for a resolution
Recital O
Recital O
Amendment 71 #
2012/2308(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers, however, that it is time to stop the polemics concerning the cost of the Strasbourg seat; calls therefore for the figures provided by official sources within the European Parliament to be quoted clearly in the annexes to the own- initiative report of the Committee on Constitutional Affairs, including pages 68-70 of the Environmental Declaration of the European Parliament of May 2011 concerning the ‘environmental impact of the Strasbourg seat’ and page 40 of the document of the European Parliament’s Secretariat entitled ‘REPLIES AND FOLLOW-UP TO THE DISCHARGE FOR 2010’ on the annual cost of the Strasbourg seat;
Amendment 72 #
2012/2308(INI)
Motion for a resolution
Recital P
Recital P
P. whereas Parliament, since its suggestion in 1958 to be sited in proximity to the Council and the Commission, has via numerous reports, declarations and statements alwaysoften expressed its wish for a more practical and efficient working arrangement;
Amendment 73 #
2012/2308(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Does not considers that a majority exists within the Council in favour of altering the seat of any European Institution, bearing in mind that this would send an undesirable message to citizens, which would be interpreted as expressing a desire on the part of the Member States to make the European Union’s decision-making bodies more remote from the European citizen;
Amendment 74 #
2012/2308(INI)
Motion for a resolution
Recital Q
Recital Q
Amendment 77 #
2012/2308(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 86 #
2012/2308(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 89 #
2012/2308(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Agrees with the principle that the European Parliament would be more effective, cost-efficient andConsiders efficiency, cost-effectiveness and the principle of respectful of for the environment if it were located in a single place; and notes that the continuation of the monthly migration between Brussels andnot to be connected with the place in which Parliament sits, but with its needs; points out that according to figures from the European Parliament’s services, the annual cost of Parliament’s seat in Strasbourg hwas become a symbolic negative issue amongst most EU citizens which is detrimental to Parliament’s reputationEUR 51.5 million in 2010, or 0.04% of the annual EU budget, which represents a cost of 10 cents per EU citizen per year, and hence considers the arguments on Parliament’s cost to be exaggerated;
Amendment 91 #
2012/2308(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that in acceding to the European Union, Member States undertook to respect the values, principles and symbols of that Union;
Amendment 94 #
2012/2308(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Respects the historical reasons for the location of its plenary sessions in Strasbourg and the Treaty requirements that necessitate the system of a single seat and three places of work;
Amendment 95 #
2012/2308(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises that European integration necessarily entails mobility and that this applies to all national and European political representatives and officials, and that mobility is an intrinsic aspect of the work of MEPs, as representatives of the citizens of the European Union;
Amendment 97 #
2012/2308(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Considers that the choice of the EU institutions’ seats has always been guided by a desire to bring the Union as close to ordinary people as possible and not to concentrate it in one place;
Amendment 101 #
2012/2308(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 106 #
2012/2308(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that the Committee’s report was prepared under the ordinary own-initiative procedure and there is thus no obligation to implement the proposals, and further that the matter of the EU institutions’ seats is governed directly by the Treaties and is therefore subject to the political will of the Member States acting unanimously;
Amendment 107 #
2012/2308(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recalls that the Court of Justice of the EU has held that Parliament, during the proceedings before the Court, did not adduce reasons based on the exercise of its power of internal organisation sufficient to show – despite the continuous increase in its powers – that it had the power to alter the timetable of part-sessions; stresses, therefore, that the European Parliament likewise does not now have the power to decide where its seat should be;
Amendment 116 #
2012/2308(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. RespectsPoints to the historic reasons for the location of its plenary sessions in Strasbourg and the Treaty requirements that necessitate the two-seat system; nevertheless insists that such an arrangement cannot continue in perpetuity and that Parliament itself must be able to state a preference for its futurey behind the seat of the European Parliament being in Strasbourg and to its symbolic power;
Amendment 118 #
2012/2308(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that this own-initiative report must not be used as a means of disregarding the EU Treaties, which provide that the seat of the European Parliament shall be in Strasbourg and that 12 part-sessions per year shall be held there;
Amendment 120 #
2012/2308(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Observes that, if a debate were initiated concerning the seat of the European Parliament, it would inevitably lead to discussion of the distribution of all the seats of the European Institutions, which is laid down in the Treaty;
Amendment 127 #
2012/2308(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Draws attention to and respects the Treaty requirements that necessitate the system of one seat and three places of work;
Amendment 129 #
2012/2308(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Draws attention to the emblematic nature of the city of Strasbourg, symbolising as it does reconciliation between Germany and the other nations of Europe;
Amendment 133 #
2012/2308(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Points out that, pursuant to Article 48 of the Treaty on European Union, revision of the Treaties requires a political-level decision by the European Council;
Amendment 150 #
2012/2308(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for Parliament to express its view as to whether the current arrangement should cIs surprised by and criticises the decision of the Committee on Constinue; and if an appropriate majority vote istutional Affairs to draw up a recporded, recommends that Parliament propose Treaty changes under Article 48.t on the location of the seats of the EU institutions;
Amendment 153 #
2012/2308(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for Parliament to express its view as to whether the current arrangement should continue; and if an appropriate majority vote is Emphasises that the Committee’s report was prepared under the ordinary own- initiative procedure and there is thus no obligation to implement the proposals, and further that the matter of the EU institutions’ seats is governed directly by the Treaties and is therecforded, recommends that Parliament propose Treaty changes under Article 48.e subject to the political will of the Member States acting unanimously;
Amendment 155 #
2012/2308(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Parliament to reject the report by the Committee on Constitutional Affairs on the location of the seats of the EU institutions, which is at odds with the Treaties.
Amendment 157 #
2012/2308(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the own-initiative report cannot be used as means of circumventing the EU Treaties, which provide that the seat of the European Parliament shall be in Strasbourg and that 12 part-sessions per year shall be held there.
Amendment 161 #
2012/2308(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Asks Parliament’s Legal Service to specify whether such a report on the location of the seats of the EU institutions is lawful;
Amendment 601 #
2012/0366(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Member States shall notmay increase the size of the health warnings including by introduction of an obligation to surround the health warnings by a border. The actual size of the health warnings shall be calculated in relation to the surface on which they are placed before the unit packet is opened.
Amendment 668 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 750 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 692 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) be positioned at the top edgebottom of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;
Amendment 29 #
2012/0295(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to set out an appropriate financial framework, the Commission should establish, by means of implementing acts, an annual breakdown of global resources by Member State using an objective and transparent method reflecting disparities in terms of poverty, relative poverty and material deprivation.
Amendment 33 #
2012/0295(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The operational programme of each Member State should identify and justify the forms of material deprivation to be addressed, and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes. ItFood insecurity should be the form of deprivation which Member States tackle before all others. The programme should also include elements necessary to ensure its effective and efficient implementation of the operational programme.
Amendment 35 #
2012/0295(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to improve the quality and design of each operational programme and evaluate the effectiveness and efficiency of the Fund, ex ante and ex post evaluations should be conducted. Those evaluations should be supplemented by surveys on the most deprived persons who have benefited from the operational programme and, if necessary, by evaluations during the programming period. The responsibilities of Member States and the Commission in this respect should be specified.
Amendment 37 #
2012/0295(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Citizens have the right to know how the Union’s financial resources are invested and to what effects. For the purpose of ensuring wide dissemination of information about the achievements of the Fund and to ensure accessibility and transparency of funding opportunities, detailed rules about information and communication, especially in relation to the responsibilities of the Member States and the beneficiaries, should be set out in such a way that the dignity of the end recipients is not undermined.
Amendment 41 #
2012/0295(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Uniform and, equitable and simple rules on the eligibility period, operations and expenditures for the Fund should be applied across the Union. The conditions of eligibility should reflect the specific nature of the Fund’s objectives and target populations, notably through simple and adequate conditions of eligibility of the operations as well as forms of support and rules and conditions of reimbursement.
Amendment 46 #
2012/0295(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to ensure broad support within society for the most deprived persons and to tackle food waste, Member States should remove obstacles to the donation of food or basic consumer goods by firms to food banks, civil society organisations and other stakeholders.
Amendment 48 #
2012/0295(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In accordance with the principle of shared management, Member States should have the primary responsibility, through their management and control system, for the implementation and control of their operational programme, while seeking at all times to improve effectiveness and reduce bureaucracy.
Amendment 49 #
2012/0295(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Member States should designate a managing authority, a certifying authority and a functionally independent auditing authority for their operational programme. To provide flexibility for Member States in the set-up of control systems, it is appropriate to provide the option for the functions of the certifying authority to be carried out by the managing authority. The Member States should also be allowed to designate intermediate bodies to carry out certain tasks of the managing authority orfor their operational programme the authorities responsible for the sound management of the Fund. Member States should carry out appropriate administrative and physical checks and provide for penalties in the case of irregularities in order to ensure that the coperatifying authority. The Member States should in that case lay down clearly their respective responsibilities and functiononal programmes are implemented in accordance with the applicable rules.
Amendment 50 #
2012/0295(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 51 #
2012/0295(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 53 #
2012/0295(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 54 #
2012/0295(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 55 #
2012/0295(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 56 #
2012/0295(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Union budget commitments should be effected annually. In order to ensure effective programme management, it is necessary to lay down simple common rules for interim payment requests, the payment of the annual balance and the final balance.
Amendment 62 #
2012/0295(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) In order to ensure that delays in the implementation of this Regulation at the beginning of 2014 do not lead to a sudden drop-off in food aid, the Commission should take the transitional measures necessary to guarantee that persons dependent on food aid are not at risk of food poverty.
Amendment 63 #
2012/0295(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Fund for European Aid to the Most Deprived (hereinafter ‘the Fund’) for the period from 1 January 2014 to 31 December 2020 and determines the objectives of the Fund, the scope of its support, the financial resources available and the criteria for their allocation and lays down the rules necessary to ensure the effectiveness of the Fundat the Fund is effective and easy to implement.
Amendment 66 #
2012/0295(COD)
Proposal for a regulation
Article 2 – point 2
Article 2 – point 2
(2) '‘partner organisations'’ means public bodies or non-for-profit organisations that deliver the food orand possibly other essential goods directly or through other partner organisations to the most deprived persons, and whose operations have been selected by the managing authority in accordance with Article 29(3)(b);
Amendment 67 #
2012/0295(COD)
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
(6) '‘beneficiary'’ means a public or private bodynot-for-profit organisation or a public or private body, excluding commercial enterprises, responsible for initiating or initiating and implementing operations;
Amendment 74 #
2012/0295(COD)
Proposal for a regulation
Article 3
Article 3
The Fund shall promote social cohesion in the Union by contributing to achieving the poverty reduction target of at least 20 million of the number of persons at risk of poverty and social exclusion in accordance with the Europe 2020 strategy. The Fund shall contribute to achieving the specific objective of alleviating the worst forms of poverty in the Union, and first and foremost food insecurity, by providing non- financial assistance to the most deprived persons. This objective shall be measured by the number of persons receiving assistance from the Fund.
Amendment 89 #
2012/0295(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The number of persons suffering from materialfood and/or material deprivation, or even severe material deprivation, in the Union is increasing and those persons are often too excluded to benefit from the activation measures of Regulation (EU) No […CPR], and, in particular of Regulation (EU) No […ESF].
Amendment 91 #
2012/0295(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Fund for European Aid to the Most Deprived (hereinafter the 'Fund') should strengthen social cohesion by contributing to the reduction of poverty in the Union by supporting national schemes that provide non-financial assistance to the most deprived persons to alleviate food deprivation, homelessness and material deprivation of childrenall forms of deprivation and poverty.
Amendment 91 #
2012/0295(COD)
Proposal for a regulation
Article 5 – paragraph 9
Article 5 – paragraph 9
(9) The Commission and the Member States shall carry out their respective roles in relation to the Fund with the aim, placing greater emphasis ofn reducing the administrative burden for beneficiaries.
Amendment 98 #
2012/0295(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Those provisions also ensure that the operations supported shall comply with applicable Union and national laws, notably in regard to food safety and the safety of the goods that are distributed to the most deprived persons.
Amendment 101 #
2012/0295(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to set out an appropriate financial framework, the Commission should establish, by means of implementing acts, an annual breakdown of global resources by Member State using an objective and transparent method reflecting disparities in terms of poverty and food and material deprivation.
Amendment 104 #
2012/0295(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to set out an appropriate financial framework, the Commission should establish, by means of implementing acts, an annual breakdown of global resources by Member State using an objective and transparent method reflecting disparities in terms of poverty and material deprivation, with particular reference to the relative poverty threshold.
Amendment 106 #
2012/0295(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The operational programme of each Member State should identify and justify the forms of food and/or material deprivation to be addressed, and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes. It should also include elements necessary to ensure effective, rapid and efficient implementation of the operational programme.
Amendment 106 #
2012/0295(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The global resources available for budgetary commitment from the Fund for the period 2014-2020 shall be EUR 23 500 000 000 at 2011 prices, in accordance with the annual breakdown set out in Annex II.
Amendment 115 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point a
Article 7 – paragraph 1 – subparagraph 1 – point a
(a) an identification of and a justification for selecting the type(s) of material deprivation to be addressed under the operational programme and a description for each type of material deprivation addressed of the main characteristics and the objectives of the distribution of food or goods and the accompanying measures to be provided, having regard to the results of the ex ante evaluation carried out in accordance with Article 14;
Amendment 119 #
2012/0295(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to improve the quality and design of each operational programme and evaluate the effectiveness and efficiency of the Fund, ex ante and ex post evaluations should be conducted. Those evaluations should be supplemented by surveys on the most deprived persons who have benefited from the operational programme and, if necessary, by evaluations during the programming period. The responsibilities of Member States and the Commission in this respect should be specified.
Amendment 120 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b a (new)
Article 7 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) the partner organisations and competent authorities;
Amendment 121 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point c
Article 7 – paragraph 1 – subparagraph 1 – point c
Amendment 122 #
2012/0295(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Citizens have the right to know how the Union’s financial resources are invested and to what effects. For the purpose of ensuring wide publicity and dissemination of information about the achievements of the Fund and to ensure accessibility and transparency of funding opportunities, detaisimpled rules about information and, communication and publicity, especially in relation to the responsibilities of the Member States and the beneficiaries, should be set out.
Amendment 122 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point d
Article 7 – paragraph 1 – subparagraph 1 – point d
Amendment 123 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point e
Article 7 – paragraph 1 – subparagraph 1 – point e
Amendment 124 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point f
Article 7 – paragraph 1 – subparagraph 1 – point f
Amendment 125 #
2012/0295(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Uniform and equitable rules on the eligibility period, operations and expenditures for the Fund should be applied across the Union. The conditions of eligibility should reflect the specific nature of the Fund’s objectives and target populations, notably through adequasimple and adapted conditions of eligibility of the operations as well as forms of support and rules and conditions of reimbursement.
Amendment 126 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point g
Article 7 – paragraph 1 – subparagraph 1 – point g
Amendment 127 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point h
Article 7 – paragraph 1 – subparagraph 1 – point h
Amendment 132 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 133 #
2012/0295(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Member States should designate a managing authority, a certifying authority and a functionally independent auditing authority for their operational programme. To provide flexibility for Member States in the set-up of control systems, it is appropriate to provide the option for the functions of the certifying authority to be carried out by the managing authority. The Member States should also be allowed to designate intermediate bodies to carry out certafor their operational programme the authorities responsible for the sound management of the Fund. Member States should undertake adequate administrative and physical controls and provide for penalties in tcaskse of the managing authority orirregularities in order to ensure that the coperatifying authority. The Member States should in that case lay down clearly their respective responsibilities and functiononal programmes are implemented in accordance with the applicable rules.
Amendment 133 #
2012/0295(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission shall assess the consistency of the operational programme with this Regulation and its contribution to the objectives of the Fund, taking into account the ex ante evaluation carried out in accordance with Article 14.
Amendment 135 #
2012/0295(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 137 #
2012/0295(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 138 #
Amendment 139 #
2012/0295(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 139 #
2012/0295(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 140 #
2012/0295(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 141 #
2012/0295(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 141 #
2012/0295(COD)
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
Amendment 142 #
2012/0295(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Commission shall adopt the template for the annual implementation report, including the list of common indicators and for the final implementation report by means of implementing act. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 60(2).
Amendment 143 #
2012/0295(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. The Commission may address observations to a Member State concerning the implementation of the operational programme. The managing authority shall within three months inform the Commission of the corrective measures taken.
Amendment 144 #
2012/0295(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 144 #
2012/0295(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
Amendment 148 #
2012/0295(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. 1. Member States shall provide the resources necessary for carrying out evaluations, and shall ensure that procedures are in place to produce and collect the data necessary for evaluations, including data related to the common indicators referred to in Article 11.
Amendment 149 #
2012/0295(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Fund for European Aid to the Most Deprived (hereinafter ‘the Fund’) for the period from 1 January 2014 to 31 December 2020 and determines the objectives of the Fund, the scope of its support, the financial resources available and the criteria for their allocation and lays down the rules necessary to ensure the effectiveness and efficiency of the Fund.
Amendment 149 #
2012/0295(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 152 #
2012/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘partner organisations’ means public bodies or nont-for-profit organisations that deliver the food and/or goods directly or through other partner organisations to the most deprived persons, and whose operations have been selected by the managing authority in accordance with Article 29(3)(b);
Amendment 153 #
2012/0295(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 155 #
2012/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘beneficiary’ means a public or private body or a not-for-profit organisation responsible for initiating or initiating and implementing operations;
Amendment 159 #
2012/0295(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The managingcompetent authority shall, in order to ensure transparency in the support of the Fund, maintain a list of operations supported by the Fund in CSV or XML format which shall be accessible through a website. TFor each operation supported, the list shall include at least information on the beneficiary name, its addresnumber of beneficiaries and the allocated amount of Union funding as well as the type of material deprivation addressed.
Amendment 161 #
2012/0295(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Fund shall support national schemes whereby food products and basic consumer goods for the personal use of homeless persons or of childrenthe most deprived persons are distributed to the most deprivedose persons through partner organisations selected by Member States.
Amendment 163 #
2012/0295(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The managingcompetent authority shall inform beneficiaries of publication of the list of operations in accordance with paragraph 2. The managing authority shall provide information and publicity kits, including templates in electronic format, to help beneficiaries and partner organisations to meet their obligations as set out in paragraph 3.
Amendment 164 #
2012/0295(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 164 #
2012/0295(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. In processing personal data pursuant to this Article, the managingcompetent authority as well as the beneficiaries and partner organisations shall abide by all confidential data protection rules and comply with Directive 95/46/EC.
Amendment 165 #
2012/0295(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 167 #
2012/0295(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
Amendment 169 #
2012/0295(COD)
Proposal for a regulation
Article 5 – paragraph 9
Article 5 – paragraph 9
Amendment 171 #
2012/0295(COD)
Proposal for a regulation
Article 5 – paragraph 12
Article 5 – paragraph 12
Amendment 176 #
2012/0295(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The global resources available for budgetary commitment from the Fund for the period 2014-2020 shall be EUR 23 500 000 000 at 2011 prices, in accordance with the annual breakdown set out in Annex II.
Amendment 180 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point a
Article 7 – paragraph 1 – subparagraph 1 – point a
(a) an identification of and a justification for selecting the type(s) of food and/or material deprivation to be addressed under the operational programme and a description for each type of material deprivation addressed of the main characteristics and the objectives of the distribution of food or goods and the accompanying measures to be provided, having regard to the results of the ex ante evaluation carried out in accordance with Article 14;
Amendment 182 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point a
Article 7 – paragraph 1 – subparagraph 1 – point a
(a) an identification of and a justification for selecting the type(s) of material deprivation to be addressed under the operational programme and a description for each type of material deprivation addressed of the main characteristics and the objectives of the distribution of food or goods and the accompanying measures to be provided, having regard to the results of the ex ante evaluation carried out in accordance with Article 14;
Amendment 182 #
2012/0295(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Operations shall not be selected for support by the operational programme where they have been physically completed or fully implemented before the application for funding under the operational programme is submitted by the beneficiary to the managingcompetent authority, irrespective of whether all related payments have been made by the beneficiary.
Amendment 185 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b
Article 7 – paragraph 1 – subparagraph 1 – point b
(b) a description of the corresponding national scheme(s) for each type of food and material deprivation addressed;
Amendment 187 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b a (new)
Article 7 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) the partner organisations and competent authorities;
Amendment 188 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point c
Article 7 – paragraph 1 – subparagraph 1 – point c
Amendment 191 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point c
Article 7 – paragraph 1 – subparagraph 1 – point c
(c) a description of the mechanism setting the eligibility criteria for the most deprived persons, differentiated if necessary by type of material deprivation addressed;
Amendment 192 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point d
Article 7 – paragraph 1 – subparagraph 1 – point d
Amendment 194 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point e
Article 7 – paragraph 1 – subparagraph 1 – point e
Amendment 196 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point f
Article 7 – paragraph 1 – subparagraph 1 – point f
Amendment 198 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point g
Article 7 – paragraph 1 – subparagraph 1 – point g
Amendment 200 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point h
Article 7 – paragraph 1 – subparagraph 1 – point h
Amendment 204 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point j – point ii
Article 7 – paragraph 1 – subparagraph 1 – point j – point ii
ii) a table specifying, for the whole programming period, the amount of the total financial appropriation in respect of support from the operational programme for each type of food and/or material deprivation addressed as well as the corresponding accompanying measures.
Amendment 206 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
The partner organisations referred to in point (eba) that deliver directly the food or goods shall themselves undertake activities complementing the provision of material assistance, aiming at the social inclusion of the most deprived persons, whether or not these activities are supported by the Fund.
Amendment 206 #
2012/0295(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a 1. Member States shall carry out administrative and physical checks to ensure that operational programmes are implemented in compliance with the applicable rules and shall establish the penalties applicable in the event of irregularities. 2. Member States shall fulfil the management, control and audit obligations and assume the resulting responsibilities laid down in the rules on shared management set out in the Financial Regulation and this Regulation. 3. Member States shall prevent, detect and correct irregularities and shall recover amounts unduly paid, together with any interest on late payments. 4. Member States shall establish and implement a procedure for the independent examination and resolution of complaints concerning the selection or implementation of operations cofinanced by the Fund.
Amendment 207 #
2012/0295(COD)
Proposal for a regulation
Article 26
Article 26
Amendment 208 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 208 #
2012/0295(COD)
Proposal for a regulation
Article 27
Article 27
Amendment 210 #
2012/0295(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 211 #
2012/0295(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission shall assess the consistency of the operational programme with this Regulation and its contribution to the objectives of the Fund, taking into account the ex ante evaluation carried out in accordance with Article 14.
Amendment 212 #
2012/0295(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 214 #
2012/0295(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 216 #
2012/0295(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 218 #
2012/0295(COD)
Proposal for a regulation
Article 32
Article 32
Amendment 220 #
2012/0295(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 221 #
Amendment 222 #
2012/0295(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 222 #
2012/0295(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 224 #
2012/0295(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 225 #
2012/0295(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. ManagingThe competent authority shall ensure that, in the case of grants to partner organisations, beneficiaries are provided with a flow sufficient to ensure proper implementation of the operations.
Amendment 226 #
2012/0295(COD)
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
Amendment 226 #
2012/0295(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. ManagingThe competent authority shall ensure that the beneficiaries receive the total amount of public support as quickly as possible and in full and in any event before the inclusion of the corresponding expenditure in the payment application. No amount shall be deducted or withheld and no specific charge or other charge with equivalent effect shall be levied that would reduce these amounts for the beneficiaries.
Amendment 228 #
2012/0295(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Commission shall adopt the template for the annual implementation report, including the list of common indicators and for the final implementation report by means of implementing act. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 60(2).
Amendment 228 #
2012/0295(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. The certifyingompetent authority shall submit on a regular basis an application for interim payment covering amounts entered in its accounts as public support paid to beneficiaries in the accounting year ending 30 June.
Amendment 229 #
2012/0295(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The certifyingompetent authority shall submit the final application for interim payment by 31 July following the end of the previous accounting year and, in any event, before the first application for interim payment for the next accounting year.
Amendment 230 #
2012/0295(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
Amendment 230 #
2012/0295(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. The first application for interim payment shall not be made before the notification to the Commission of the designation of the managing authority and the certifyingcompetent authorityies in accordance to Article 32(1).
Amendment 231 #
2012/0295(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 233 #
2012/0295(COD)
Proposal for a regulation
Article 44
Article 44
Amendment 235 #
2012/0295(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 235 #
2012/0295(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point a
Article 46 – paragraph 1 – point a
(a) the total amount of eligible expenditure entered into the accounts of the certifyingompetent authority as having been incurred and paid by beneficiaries in implementing operations, the total amount of public eligible expenditure incurred in implementing operations and the corresponding eligible public contribution which has been paid to beneficiaries;
Amendment 236 #
2012/0295(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. The certifyingompetent authority may specify in the accounts a provision, which shall not exceed 5 % of the total expenditure in payment applications presented for a given accounting year, where the assessment of the legality and regularity of the expenditure is subject to an on-going procedure with the audit authority. The amount covered shall be excluded from the total amount of eligible expenditure referred to in paragraph 1(a). These amounts shall be definitively included in, or excluded from, the annual accounts of the following year.
Amendment 237 #
2012/0295(COD)
Proposal for a regulation
Article 48
Article 48
Amendment 238 #
2012/0295(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 239 #
2012/0295(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
Amendment 241 #
2012/0295(COD)
Proposal for a regulation
Article 16
Article 16
At its own initiative and in close cooperation with the Member States, the Commission shall carry out, with the assistance of external experts, an ex-post evaluation, to assess the effectiveness and sustainability ofof programmes in respect of barriers to their implementation, their stated aims and the results obtained as well as to measure the added value of the Fund. This ex post evaluation shall be completed by 31 December 2023.
Amendment 241 #
2012/0295(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
Amendment 243 #
2012/0295(COD)
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
Amendment 244 #
2012/0295(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Member States shall provide information on and promote the actions supported by the Fund, notably by making use of the platform. The information shall be addressed to the most deprived persons, the media and the wider public. It shall highlight the role of the Union and ensure that the contribution from the Fund is visible.
Amendment 245 #
2012/0295(COD)
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
Amendment 247 #
2012/0295(COD)
Proposal for a regulation
Article 51
Article 51
Amendment 249 #
2012/0295(COD)
Proposal for a regulation
Article 52
Article 52
Amendment 251 #
2012/0295(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The managingcompetent authority shall inform beneficiaries of publication of the list of operations in accordance with paragraph 2. The managing authorityIt shall provide information and publicity kits, including templates in electronic format, to help beneficiaries and partner organisations to meet their obligations as set out in paragraph 3.
Amendment 251 #
2012/0295(COD)
Proposal for a regulation
Article 53
Article 53
Amendment 253 #
2012/0295(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. In processing personal data pursuant to this Article, the managingcompetent authority as well as the beneficiaries and partner organisations shall abide by all confidential data protection rules so as to avoid any stigmatisation and comply with Directive 95/46/EC.
Amendment 253 #
2012/0295(COD)
Proposal for a regulation
Article 54
Article 54
Amendment 255 #
2012/0295(COD)
Proposal for a regulation
Article 55
Article 55
Amendment 257 #
2012/0295(COD)
Proposal for a regulation
Article 56
Article 56
Amendment 259 #
2012/0295(COD)
Proposal for a regulation
Article 57
Article 57
Amendment 260 #
2012/0295(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Operations shall not be selected for support by the operational programme where they have been physically completed or fully implemented before the application for funding under the operational programme is submitted by the beneficiary to the managingcompetent authority, irrespective of whether all related payments have been made by the beneficiary.
Amendment 261 #
2012/0295(COD)
Proposal for a regulation
Article 58
Article 58
Amendment 263 #
2012/0295(COD)
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 1
Article 21 – paragraph 3 – subparagraph 1
The food and the goods for homeless persons or for childrenthe end recipients may be purchased by the partner organisations themselves.
Amendment 264 #
2012/0295(COD)
Proposal for a regulation
Article 60 a (new)
Article 60 a (new)
Article 60a The Commission shall take the necessary financial and regulatory measures, if need be through budgetary redeployment, early pre-financing or prolongation of Regulation (EC) No 121/2012, in order to ensure the continuity of the MDP from 2013 to 2014 in the event of delays in the implementation of this regulation.
Amendment 265 #
Amendment 272 #
2012/0295(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) the costs of purchasing food and basic consumer goods for personal use of homeless persons or of childrenthe most deprived persons;
Amendment 275 #
2012/0295(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) where a public body purchases the food or basic consumer goods for the personal use of homeless persons or of childrenthe most deprived members of society and provides them to partner organisations, the costs of transporting of food or goods to the storage depots of the partner organisations at a flat rate of 1 % of the costs referred to in point (a);
Amendment 279 #
2012/0295(COD)
Proposal for a regulation
Article 26
Article 26
Amendment 283 #
2012/0295(COD)
Proposal for a regulation
Article 27
Article 27
Amendment 285 #
2012/0295(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 288 #
Amendment 290 #
Amendment 292 #
Amendment 295 #
2012/0295(COD)
Proposal for a regulation
Article 32
Article 32
Amendment 298 #
Amendment 301 #
2012/0295(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 303 #
2012/0295(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26a Member States shall carry out administrative and physical controls to ensure that operational programmes are implemented in compliance with the applicable rules and shall establish the penalties applicable in the event of irregularities.
Amendment 306 #
2012/0295(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. ManagingThe competent authority shall ensure that, in the case of grants to partner organisations, beneficiaries are provided with a flow sufficient to ensure proper implementation of the operations.
Amendment 308 #
2012/0295(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. The certifyingompetent authority shall submit on a regular basis an application for interim payment covering amounts entered in its accounts as public support paid to beneficiaries in the accounting year ending 30 June.
Amendment 310 #
2012/0295(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The certifyingompetent authority shall submit the final application for interim payment by 31 July following the end of the previous accounting year and, in any event, before the first application for interim payment for the next accounting year.
Amendment 312 #
2012/0295(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. The first application for interim payment shall not be made before the notification to the Commission of the designation of the managing authority and the certifying authority in accordance to Article 32(1)competent authorities.
Amendment 314 #
2012/0295(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 316 #
2012/0295(COD)
Proposal for a regulation
Article 44
Article 44
Amendment 320 #
2012/0295(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point a
Article 46 – paragraph 1 – point a
(a) (hh) the total amount of eligible expenditure entered into the accounts of the certifyingompetent authority as having been incurred and paid by beneficiaries in implementing operations, the total amount of public eligible expenditure incurred in implementing operations and the corresponding eligible public contribution which has been paid to beneficiaries;
Amendment 322 #
2012/0295(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. The certifyingompetent authority may specify in the accounts a provision, which shall not exceed 5 % of the total expenditure in payment applications presented for a given accounting year, where the assessment of the legality and regularity of the expenditure is subject to an on-going procedure with the audit authority. The amount covered shall be excluded from the total amount of eligible expenditure referred to in paragraph 1(a). These amounts shall be definitively included in, or excluded from, the annual accounts of the following year.
Amendment 324 #
2012/0295(COD)
Proposal for a regulation
Article 48
Article 48
Amendment 326 #
2012/0295(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
Amendment 328 #
2012/0295(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
Amendment 330 #
2012/0295(COD)
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
Amendment 332 #
2012/0295(COD)
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
Amendment 334 #
2012/0295(COD)
Proposal for a regulation
Article 51
Article 51
Amendment 336 #
Amendment 338 #
2012/0295(COD)
Proposal for a regulation
Article 53
Article 53
Amendment 340 #
2012/0295(COD)
Proposal for a regulation
Article 54
Article 54
Amendment 342 #
Amendment 344 #
2012/0295(COD)
Proposal for a regulation
Article 56
Article 56
Amendment 346 #
2012/0295(COD)
Proposal for a regulation
Article 57
Article 57
Amendment 348 #
2012/0295(COD)
Proposal for a regulation
Article 58
Article 58
Amendment 352 #
Amendment 54 #
2012/0184(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 107 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 7
Article 2 – paragraph 1 – indent 7
Amendment 131 #
2012/0184(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
Amendment 184 #
2012/0184(COD)
Proposal for a regulation
Article 5 – paragraph 1 – indent 1
Article 5 – paragraph 1 – indent 1
Amendment 16 #
2011/2096(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that transport networks play a leading role in spatial planning policies; notes that major transport infrastructure such as high-speed railways helps make regions less isolated while also boosting local development networks; highlights the importance of implementing specific regional projects linked to the construction of major infrastructure, involving as many partners as possible (local, regional and national authorities, private operators, civil society, etc.);
Amendment 222 #
2011/0276(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Member States should concentrate support to ensure a significant contribution to the achievement of Union objectives in line with their specific national and regional development needs. Ex ante conditionalities should be defined to ensure that the necessary framework conditions for the effective use of Union support are in place. The fulfilment of those ex ante conditionalities should be assessed by the Commissionall apply only to the extent that they are directly linked to the implementation of the Funds. The European Commission shall assess the information provided by the Member States on the application of the ex ante conditionalities in the framework of its assessment of the Partnership Contract and programmes. In cases where there is a failure to fulfil an ex ante conditionality, the Commission should have the power to suspend payments to the programme.
Amendment 537 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 12
Part 2 – article 12
Amendment 592 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point a – point vii bis (new)
Part 2 – article 14 – paragraph 1 – point a – point vii bis (new)
vii a) the means of coordinating programmes focused on Article 14 (a(vii)) with programmes working towards the objective of European Regional Cooperation.
Amendment 593 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point a a (new)
Part 2 – article 14 – paragraph 1 – point a a (new)
(a a) arrangements to ensure alignment with macro regional and sea basins strategies, where Member States and regions participate in such strategies, in order to ensure sufficient allocation from the Funds to these strategies;
Amendment 600 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point b – point ii
Part 2 – article 14 – paragraph 1 – point b – point ii
ii) the arrangements to ensure an integrated approach to the use of the CSF Funds for the territorial development of urban, rural, coastal, mountainous and cross-border, and fisheries areas and areas with particular territorial features, in particular the implementation arrangements for Articles 28, 29 and 99 accompanied, where appropriate, by a list of the cities to participate in the urban development platform referred to in Article 8 of the ERDF Regulation;
Amendment 661 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 17 – paragraph 2
Part 2 – article 17 – paragraph 2
2. Member States shall assess whether the applicable ex ante conditionalities are fulfilled. Ex ante conditionalities shall be applied only when they have a direct link to the implementation of the Funds.
Amendment 721 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 20 – paragraph 3
Part 2 – article 20 – paragraph 3
3. Where there is evidence resulting from a performance review that a priority has failed to achieve the milestones set out in the performance framework, the Commission may suspend all or part of an interim paycall upon a Member State to propose amendments to the relevant programmes. If the Member State does not respond to this demand or does not respond in a satisfactory manner within three months, the Commission may suspend all or part of the engagements of a priority of a programme in accordance with the procedure laid down in Fund-specific rules.
Amendment 746 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 23 – paragraph 2 a (new)
Part 2 – article 23 – paragraph 2 a (new)
2a. The use of multi-fund programmes (ERDF, ESF, cohesion funds, EAFRD, EMFF) is encouraged. In this way the Commission undertakes to allow the preparation and implementation of such programmes with respect to the principle of proportionality.
Amendment 1338 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 1
Part 3 – article 87 – paragraph 1
1. An operational programme shall consist of priority axes. AIn duly motivated circumstances, a priority axis shallmay concern one Fund for aor more categoryies of region and shall correspond, without prejudice to Article 52, to a thematic objective and comprise one or more investment priorities of that thematic objective, in accordance with the Fund-specific rules. For the ESF, a priority axis may combine investment priorities from different thematic objectives set out in Article 9(8), (9), (10) and (11) in order to facilitate their contribution to other priority axes, in duly justified circumstanc, or combine one or more complementary investment priorities from different thematic objectives and Funds, in accordance with Fund-specific rules.
Amendment 1359 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point a – point ii bis (new)
Part 3 – article 87 – paragraph 2 – point a – point ii bis (new)
ii a) A presentation of the procedures for coordinating between the Investment for growth and jobs operational programmes, the programmes from the European territorial cooperation goal, and the programmes from the European Maritime and Fisheries Fund (EMFF), the European Agricultural Fund for Rural Development (EAFRD), the European Neighbourhood and Partnership Instrument (ENPI), the European Development Fund (EDF), and the Pre- Accession Instrument (IPA) for the regions concerned.
Amendment 1618 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 110 – paragraph 4
Part 3 – article 110 – paragraph 4
Amendment 65 #
2011/0275(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The ERDF should contribute to the Europe 2020 strategy, thus ensuring greater concentration of ERDF support on the priorities of the Union. According to the category of regions supported, the support from the ERDF should be concentrated on research and innovation, information and communication technologies, small and medium-sized enterprises and climate change mitigation. The degree of concentration should take into account the level of development of the region as well as the specific needs of regions whose GDP per capita for the 2007-13 period was less than 75 % of the average GDP of the EU-25 for the reference period.
Amendment 115 #
2011/0275(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
The ERDF shall contribute to the financing of support which aims to reinforce economic, social and territorial cohesion by redressing the main regional imbalances through support for the development and structural adjustment of regional economies, including the conversion of declining industrial regions and regions lagging behind and by taking account of the particular features of regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density and island, outermost, cross-border and mountain regions.
Amendment 142 #
2011/0275(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) productive investment, which contributes to creating and safeguarding sustainable jobs, through direct aid to investment in small and medium-sized enterprises (SMEs) primarily;
Amendment 210 #
2011/0275(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 245 #
2011/0275(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – introductory part
Article 4 – paragraph 1 – point a – introductory part
(a) in more developed regions and transition regions:
Amendment 253 #
2011/0275(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point i
Article 4 – paragraph 1 – point a – point i
(i) at least 80 % of the total ERDF resources at national level shall be allocated to the thematic objectives set out in points 1, 2, 3 and 4 of Article 9 of Regulation (EU) No […]/2012 [CPR]; and
Amendment 272 #
2011/0275(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a bis (new)
Article 4 – paragraph 1 – point a bis (new)
(a a) in transition regions: i) at least 60 % of the total ERDF resources at national level shall be allocated to each of the thematic objectives set in out in points 1, 2, 3 and 4 of Article 9 of Regulation EU No […]/2012 [CPR]; and ii)at least 20 % of the total ERDF resources at national level shall be allocated to each of the thematic objectives set in out in point 4 of Article 9 of Regulation EU No […]/2012 [CPR];
Amendment 283 #
2011/0275(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point i
Article 4 – paragraph 1 – point b – point i
(i) at least 50 % of the total ERDF resources at national level shall be allocated to the thematic objectives set out in point 1, 2, 3 and 4 of Article 9 of Regulation (EU) No […]/2012 [CPR] .
Amendment 302 #
2011/0275(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 340 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – point b
Article 5 – paragraph 1 – point 1 – point b
(b) promoting businessand supporting business and research centre R&I investment, product and service development, technology transfer, social innovation and public service applications, demand stimulation, networking, clusters and open innovation through smart specialisation;
Amendment 362 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – point c bis (new)
Article 5 – paragraph 1 – point 1 – point c bis (new)
(c a) developing links and synergies between businesses, research and development centres and higher education
Amendment 372 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point b
Article 5 – paragraph 1 – point 2 – point b
(b) developing digital and ICT products and services, e-commerce and enhancing demand for ICT;
Amendment 375 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point c
Article 5 – paragraph 1 – point 2 – point c
(c) strengthening ICT applications for e- government, e-learning, e-inclusion and, e- health and online culture;
Amendment 391 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 3 – introductory part
Article 5 – paragraph 1 – point 3 – introductory part
(3) enhancing the competitiveness of businesses, mainly SMEs:
Amendment 404 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 3 – point a
Article 5 – paragraph 1 – point 3 – point a
(a) promoting entrepreneurship, in particular by facilitating the economic exploitation of new ideas and fostering the creation of new firmsand the transfer of business ownership;
Amendment 437 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 4 – point a
Article 5 – paragraph 1 – point 4 – point a
(a) promoting and supporting the production, transport and distribution of renewable energy sources;
Amendment 444 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 4 – point b
Article 5 – paragraph 1 – point 4 – point b
(b) promoting energy efficiency and renewable energy use in businesses, in particular SMEs;
Amendment 455 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 4 – point c
Article 5 – paragraph 1 – point 4 – point c
(c) supporting and promoting energy efficiency and renewable energy use in public infrastructure, particularly in public buildings and in the housing sector;
Amendment 469 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 4 – point e
Article 5 – paragraph 1 – point 4 – point e
(e) promoting and supporting low-carbon strategies for urban areas;
Amendment 480 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 4 – point e a (new)
Article 5 – paragraph 1 – point 4 – point e a (new)
(e a) promoting and supporting research and innovation in low carbon technologies;
Amendment 498 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 5 – point b
Article 5 – paragraph 1 – point 5 – point b
(b) promoting and supporting investment to address specific risks, ensuring disaster resilience and developing disaster management systems;
Amendment 557 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point b
Article 5 – paragraph 1 – point 7 – point b
(b) enhancing regional and local mobility through connecting secondary and tertiary nodes to TEN-T infrastructure;
Amendment 583 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point d bis (new)
Article 5 – paragraph 1 – point 7 – point d bis (new)
(d a) developing intermodal transport systems, in particular maritime and inland waterway transport and assisting ports and airports in promoting sustainable development;
Amendment 603 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 8 – point a
Article 5 – paragraph 1 – point 8 – point a
(a) development of business incubators and investment support for self-employment and micro-enterprises and business creation;
Amendment 608 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 8 – point a
Article 5 – paragraph 1 – point 8 – point a
(a) development of business incubators and investment support for self-employment and business creation and the transfer of business ownership;
Amendment 776 #
2011/0275(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
At least 50% of the specific additional allocation shall be allocated to actions contributing to the diversification and modernisation of the economies of the outermost regions, with a particular focus on the thematic objectives set out in points 1, 2 and 3 of Article 9 of Regulation (EU) No […]/2012 [CPR]rticle 4 does not apply to the specific additional allocation.
Amendment 778 #
2011/0275(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. All enterprises established in the outermost regions may benefit from the specific additional allocation and, by way of derogation from Article 3(1)(a), they may benefit from any productive investment financed under the ERDF.
Amendment 111 #
2011/0273(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
b) exchange of experience concerning the identification, transfer and dissemination of good practice on sustainable urban and rural development and the consideration of particular territorial features including permanent natural and geographical handicaps, as referred to in Article 174 TFEU;
Amendment 264 #
2011/0273(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c – point ii
Article 7 – paragraph 2 – point c – point ii
ii) where appropriate, a planned inte grated approach to the territorial development of urban, rural, mountain, coastal areas and areas with particular territorial features, in particular the implementation arrangements for Articles 28 and 29 of Regulation (EU) No./2012 [CPR];
Amendment 79 #
2011/0268(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The ESF shall promote high levels of employment and job quality, support the geographical and occupational mobility of workers, and facilitate theiworker adaptation to change, encourage a high level of es to the businesses and producation and training, promote gender equality, equal opportunities and non- discrimination, enhancesystems. The ESF will also contribute to the strengthening of economic, social and territorial cohesion in the Union, the fight against poverty and social inexclusion and combat poverty, thereby contributing to the priorities of the European Union as regards strengthening economic, social and territorial cohes, promote gender equality, equal opportunities and elimination of any form of discrimination.
Amendment 92 #
2011/0268(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The ESF shall benefit people, including disadvantaged groups such as the long- term unemployed, people with disabilities, migrants, ethnic minorities, marginalised communities and people facing social exclusion. The ESF shall also provide support to workers, enterprises, and entrepreneurs as well as systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms, in particular in the fields of employment, education and social policies.
Amendment 112 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point v
Article 3 – paragraph 1 – point a – point v
(v) Adaptation of workers, enterprises and entrepreneurs to change, specifically in SMEs and micro-enterprises;
Amendment 135 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – point iii a (new)
Article 3 – paragraph 1 – point b – point iii a (new)
(iii a) Better and fairer access to contracts by professional groups and countries in order to be closer to real needs;
Amendment 222 #
2011/0268(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. To encourage adequate participation of and access by non-governmental organisations to actions supported by the ESF, particularly with measures of impact, notably in the fields of social inclusion, gender equality and equal opportunities, the managing authorities of an operational programme in a region as defined in Article 82(2)(a) of Regulation (EU) No […] or in Member States eligible for Cohesion Fund support shall ensure that an appropriate amount of ESF resources is allocated to capacity-building for non-governmental organisations.
Amendment 51 #
2011/0023(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the European Parliament resolution of 11 February 2015 on anti-terrorism measures (2015/2530(RSP)),
Amendment 84 #
2011/0023(COD)
Proposal for a directive
Recital 6
Recital 6
(6) PNR data help the authorities responsible for prevention, detection and law enforcement authorities prevent, detect, investigate and prosecute serious crimes, including and acts of terrorism, by comparing them with various databases of persons and objects sought, to construct evidence and, where relevant, to find associates of criminals and unravel criminal networks.
Amendment 94 #
2011/0023(COD)
Proposal for a directive
Recital 7
Recital 7
(7) PNR data enable law enforcement authorities and the authorities responsible for prevention and detection to identify persons who were previously "unknown", i.e. persons previously unsuspected of involvement in serious crime and terrorism, but whom an analysis of the data suggests may be involved in such crime and who should therefore be subject to further examination by the competent authorities. By using PNR data law enforcement authorities and the authorities responsible for prevention and detection can address the threat of sterious crimerorism and tserrorismious forms of crime from a different perspective than through the processing of other categories of personal data. However, in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible, the aspects of the use of PNR data relating to the creation and application of assessment criteria should be further limited to sterious crimes that are also transnational in nature, i.e. are intrinsically linked to travelling and hence the type of the data being processedrorist offences and relevant forms of serious crime.
Amendment 106 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union, intra-EU flights from one Member State to another Member State and domestic flights with a final destination in the same Member State and non-carrier economic operators when involved in booking such flights.
Amendment 113 #
2011/0023(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Air carriers already collect and process PNR data from their passengers for their own commercial purposes. This Directive should not impose any obligation on air carriers and non-carrier economic operators to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers and non-carrier economic operators.
Amendment 115 #
2011/0023(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Non-carrier economic operators, such as travel agencies and tour operators, sell package tours making use of charter flights for which they collect and process PNR data from their customers, yet without necessarily transferring the data to the airline operating the passenger flight.
Amendment 120 #
2011/0023(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 ofapplied in this Directive should be the same as in Council Framework Decision 2002/475/JHA on combating terrorism37. The definition of serous crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States38 . However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to as amended by Council decision 2008/919/JHA. The term serious crime applied in this dDirective would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crimeencompasses the crimes listed in Article 2.1. __________________ 38 OJ L 190, 18.7.2002, p. 1.
Amendment 127 #
2011/0023(COD)
Proposal for a directive
Recital 13
Recital 13
(13) PNR data should be transferred to a single designated unit (Passenger Information Unit) in the relevant Member State, so as to ensure clarity and reduce costs to air carriers and non-carrier economic operators.
Amendment 134 #
2011/0023(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lisdata sets should not contain any personal data that could reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 139 #
2011/0023(COD)
Proposal for a directive
Recital 15
Recital 15
(15) There are two possible methods of data transfer currently available: the ‘pull’ method, under which the competent authorities of the Member State requiring the data can reach into (access) the air carrier’s reservation system and extract (’pull’) a copy of the required data, and the ‘push’ method, under which air carriers and non-carrier economic operators transfer (’push’) the required PNR data to the authority requesting them, thus allowing air carriers to retain control of what data is provided. The ‘push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers and non-carrier economic operators.
Amendment 143 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers and non-carrier economic operators to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers and non-carrier economic operators failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 161 #
2011/0023(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States and Europol the PNR data that they receive where such transferthis is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security through. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 40 OJ L 386, 29.12.2006, p. 89.
Amendment 173 #
2011/0023(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) PNR data should be processed to the greatest extent possible in a masked out way in order to ensure a highest level of data protection by making it impossible for those having access to masked out data to identify a person and to draw conclusions as to what persons are related to that data. Re-identifying masked out data is possible only under conditions ensuring a high level of data protection.
Amendment 203 #
2011/0023(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquis. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future date.
Amendment 207 #
2011/0023(COD)
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers and non- carrier economic operators are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious crime.
Amendment 222 #
2011/0023(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding 57 years, after which the data must be permanently deleted, the data must be anonymised after a very short periodmasked out after 6 months, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, Member States are required toit must be ensured that an independent national supervisory authority isand in particular its Data Protection Officer are responsible for advising and monitoring how PNR data are processed. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of the data processing. Member States must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
Amendment 227 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member Staterelating to passenger flights between EU Member States and third countries, for intra-EU flights and domestic flights, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 231 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall also apply to non- carrier economic operators that gather or store PNR data on passenger flights planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member States with a final destination in a third country, to intra-EU-flights and to domestic flights;
Amendment 239 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) Thepurposes of prevention, detection, investigation and prosecution of terrorist offences, and serious crime according to Article 4 (2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d). or the prevention of immediate and serious threats to public security. deleted deleted
Amendment 253 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'intra-EU flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in another Member State, including any transfer of transit flights;
Amendment 254 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(bb) 'domestic flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in the same Member State;
Amendment 257 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements captured and retained electronically by the air carrier or the non-carrier economic operators in its normal course of business which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities. Passenger data includes data created by air carriers or non-carrier economic operators for each journey booked by or on behalf of any passenger and contained in carriers' reservation systems, DCS, or equivalent systems providing similar functionality. PNR data consists of the data fields set out in the Annex;
Amendment 260 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘'reservation systems’' means the air carrier’'s or the non-carrier economic operator's internal inventory system, in which PNR data are collected for the handling of reservations;
Amendment 262 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) Non-carrier economic operator means an economic operator, such as travel agencies and tour operators, that provides travel-related services, including the bookings of flights for which they collect and process PNR data of passengers;
Amendment 264 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ’push method’ means the method whereby air carriers transfer the required PNR dataand non-carrier economic operator transfer their existing PNR data listed in the Annex to this Directive into the database of the authority requesting them;
Amendment 268 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘terrorist offences’ means the offences under national law referred to in Articles 1 to 4 of Council Framework Decision 2002/475/JHA; on combating terrorism as amended by Council decision 2008/919/JHA.
Amendment 281 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 296 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) Masked out means rendering certain data elements of PNR data indecipherable to a user, without deleting them (e.g. by the means of applying a cryptographic state-of-the-art function to the elements of clear text data making a passenger identifiable); elements that are rendered indecipherable must comprise all elements making a passenger identifiable. Identical clear text data may result in identical masked out data in order to make it possible to match data without identifying the persons who are subject to that data.
Amendment 303 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime and the prevention of immediate and serious threats to public security or a branch of such an authority to act as its ‘Passenger Information Unit’ responsible for collecting PNR data from the air carriers and non-carrier economic operators, storing them, analyprocessing them and transmitting the result of the analysisPNR data or the result of the processing thereof to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authoritieThe Passenger Information Unit is also responsible for the exchange of PNR data or the result of the processing thereof with Passenger Information Unit of other Member States in accordance with Article 7. Its staff members may be seconded from competent public authorities. It shall be provided with adequate resources in order to fulfil its tasks.
Amendment 324 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Each Passenger Information Unit shall appoint an independent Data Protection Officer, who ensures the internal supervision of the Passenger Information Unit's activities and will totally oversee the transfer of PNR data to other competent authorities, to other Member States and Europol. The Data Protection Officer shall report wrong conduct of the data protection requirements set out in this directive
Amendment 333 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers and the non-carrier economic operators, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected only by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers and non-carrier economic operators include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt.
Amendment 344 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5 as well as Europol. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in accordance with this Directive, and may compare PNR data against relevant databases, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 365 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis based on sufficient evidence, to duly reasoned requests from competent authorities or Europol to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime listed in Article 2.1 (i) or the prevention of an immediate and serious threat to public security, and to provide the competent authorities with the results of such processing; and
Amendment 382 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person’s raceracial or ethnic origin, political opinions, religious or philosophical belief, political opinions, trade union membership, health or sexual life.
Amendment 411 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive masked out PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the specific purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security. Europol shall be entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units of the Member States within the limits of its mandate and when necessary for the performance of its tasks.
Amendment 418 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist of authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime or the prevention of immediate and serious threats to public security.
Amendment 429 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious crime or the prevention of immediate and serious threats to public security.
Amendment 442 #
2011/0023(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Obligations on air carriers and non-carrier economic operators
Amendment 446 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers and non-carrier economic operators transfer ('push') the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier and the non-carrier economic operator that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers and the non-carrier economic operators shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 457 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Air carriers and non-carrier economic operator shall transfer PNR data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of Articles 13 and 14 or, in the event of technical failure, by any other appropriate means ensuring an appropriate level of data security:
Amendment 469 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may permit air carriers and non-carrier economic operators to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 476 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers and non-carrier economic operator shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime.
Amendment 485 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considersand to Europol where any elements indicate such a transfer to be necessaryhelpful for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. The Passenger Information Units of the receiving Member States shallmay transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities through using their Passenger Information Unit and using Europol's existing Secure Information Exchange Network Application (SIENA).
Amendment 492 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1),and have not yet been masked out and, if necessary, also the result of theany processing of PNR data. Thethereof, if it has already been prepared pursuant to Article 4(2)(a). The duly reasoned request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b)ossible.
Amendment 501 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in responhave been already masked out. The Passenger Information Unit shall only provide the full PNR data where it is reasonably believed that it is necessary for the purpose of Article 4(2)(b) and only when authorised to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crimedo so by an authority competent under Article 9(3).
Amendment 512 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious threat to public securitywhen necessary in cases of emergency and under the conditions laid down in paragraph 2 and 3 may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. The requests from the competent authorities, a copy of which shall always be sent to the Passenger Information Unit of the requesting Member State, shall be reasoned. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
Amendment 524 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious crime or to prevent an immediate and serious threat to public security, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter’s territory at any time.
Amendment 536 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 539 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
6b. Member States shall ensure that their Passenger Information Unit's, in order to fulfil their tasks as laid down in Article 4(2)(c), co-operate in the application of state-of-the-art technologies through Europol using technologies that shall allow Passenger and Europol to combine their data with that of other Passenger Information Unit's by ensuring full protection of personal data with the aim of analysing the data pursuant to Article 4(2)(c).
Amendment 545 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and in duly reasoned request based on sufficient evidence and if:
Amendment 554 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilled,transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences, the prevention of immediate and serious threats to public security or the execution of criminal penalties;
Amendment 562 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
(ab) the Member State from which the data were obtained has given its consent to transfer in compliance with its national law;
Amendment 565 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a c (new)
Article 8 – paragraph 1 – point a c (new)
(ac) the third country or international body concerned ensures an adequate level of protection for the intended data processing;
Amendment 612 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers and non- carrier economic operators to the Passenger Information Unit are retained in a database at the Passenger Information Unit for a period of 30 day6 months after their transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 628 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 day6 months after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fiseven years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymisedmasked out PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution.
Amendment 629 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 daysix months after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fiseven years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymisedmasked out PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit and by a limited number of authorised and individually designated persons for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution.
Amendment 634 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
Re-identification of masked out PNR data and access to the full PNR data shall be permitted only by the Data Protection Officer for the purposes of Article 4(2)(b) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk related to terrorist offences or a specific investigation or prosecution related to a crime listed in Article 2.1 or the prevention of an immediate and serious threat to public security.
Amendment 659 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted permanently upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 675 #
2011/0023(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Penalties against air carriers and non- carrier economic operators
Amendment 679 #
2011/0023(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers and non-carrier economic operators which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this Directive.
Amendment 687 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Each Passenger Information Unit shall appoint a Data Protection Officer in order to ensure compliance with existing national and Union data protection law and fundamental rights; that person shall be trained and qualified to a high standard in data protection law.
Amendment 689 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHA regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive. Air carriers which collect contact details for passengers who have booked their flights through a travel agency or other travel intermediary shall be prohibited from using those data for marketing purposes.
Amendment 702 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. All processing of PNR data by air carriers and non-carrier economic operators, all transfers of PNR data by Passenger Information Units and all requests by competent authorities or Passenger Information Units of other Member States and third countries, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities and the Data Protection Officer. These logs shall be kept for a period of fiseven years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those fiseven years, in which case the logs shall be kept until the underlying data are deleted.
Amendment 704 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Those persons who operate security controls, who access and analyse the PNR data, and who operate the data logs, must be security cleared and security trained.
Amendment 713 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited. Any wrong conduct should be sanctioned.
Amendment 776 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 781 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within fourseven years after the date mentioned in Article 15(1). Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the length of the data retention period and the quality of the assessments. It shall also contain the statistical information gathered pursuant to Article 18.
Amendment 3 #
2010/2305(INI)
Motion for a resolution
Recital A
Recital A
A. whereas absorption capacity is the extent to which a Member State is able to spend the financial resources allocated from the Structural and Cohesion Funds in an effective and efficient manner, and whereas this capacity is necessary for making a maximum contribution to economic and soc, social and territorial cohesion with the resources available from the EU funds,
Amendment 11 #
2010/2305(INI)
Motion for a resolution
Recital B
Recital B
B. whereas absorption capacity is not a parameter but a variable and whereas it differs widely in the different Member States and regions, so that individual solutions are necessary to increase this capacity,
Amendment 14 #
2010/2305(INI)
Motion for a resolution
Recital C
Recital C
C. whereas aiming at absorbing as much financial support as possible requires continuous efforts by the Member States and management authorities and the involvement of the local and regional level of administration in every stage of the process,
Amendment 17 #
2010/2305(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the rules relating to Structural and Cohesion Funds are complex and therefore difficult to comply with, causing errors, so that Member Stamust remain stable over time in order to promote a bettesr spend a disproportionate amount of time trying to manage and control these errorsse of ownership; whereas, however, simplification of the implementation of financial instruments should be encouraged,
Amendment 24 #
2010/2305(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Member States that joined the EU in the current programming period in particular are facing substantial difficulties as regards absorption resulting from the significant increase in the amount of the funds available in comparison with the pre -accession funds and the shortcomings of the administrative structures for setting up, supporting and evaluating projects,
Amendment 25 #
2010/2305(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the lack of visibility regarding the levels of uptake of short- and medium-term funds is an obstacle to absorption capacity, and whereas better transparency is needed at all levels of governance,
Amendment 34 #
2010/2305(INI)
Motion for a resolution
Paragraph 2 – point 6
Paragraph 2 – point 6
over-complicated and over-strict national requirementprocedures, and frequent changes therein;
Amendment 39 #
2010/2305(INI)
Motion for a resolution
Paragraph 2 – point 11
Paragraph 2 – point 11
Amendment 42 #
2010/2305(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates the need for simplification of rules and procedures at both EU and national level without creating major difficulties for the beneficiariBelieves that the rules relating to the structural and cohesion funds must remain stable over time in order to promote a better sense of ownership; stresses, however, the need for simplification of rules and procedures on the implementation of financial instruments at both EU and national level in order to facilitate access to EU funds for project organisers and to promote sound management of those funds by the administrative services; believes that simplification will contribute to the speedy allocation of these funds, higher absorption rates, increased efficiency, fewer errors and reduced payment periods; considers that a balance needs to be struck between simplification measures and the stability of rules and procedureexisting arrangements;
Amendment 50 #
2010/2305(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that emphasis should be placed on payments for delivery of results rather than checking inputs; believes, in this context, that a better balance should be found betwea more effective, results-based cohesion policy should be promoted while respecting the existing provisions relating to the implementation, control and payment systems for the structural funds; considers that introducing the principle of making reimbursemen,t onf the one hand, the rules and procedures required for ensuring the legality and regularity of EU expenditure and, on the other, making cohesion policy more performance- oriented and cost-efficientnational authorities conditional on payment of their contribution to beneficiaries risks paralysing the uptake of the funds and is therefore inappropriate; supports, however, making EU financing conditional on obtaining results, which could be assessed on the basis of clear and relevant indicators;
Amendment 54 #
2010/2305(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a stronger focus should be placed on fraud than on formal irregularities and on more differentiated treatment of irregularities, allowing for flexibilitypunishing fraud rather than formal irregularities; calls for a more flexible and differentiated approach depending on the seriousness of the irregularity identified;
Amendment 57 #
2010/2305(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that proportionality between the volume of support and control requirementsthe application of the proportionality principle to control procedures depending on the scale of the project should be strengthened, and emph; calls for the asises that the coordination of audit activity should be enhanced and the single audit principle followed in the next programming periosment, eligibility and control conditions for small-scale and low-risk projects to be eased;
Amendment 60 #
2010/2305(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the coordination of audit activities should be improved and calls, to that end, for redundant controls to be removed in Member States which have an adequate fund management system; considers that the single audit principle should be applied in the next programming period and that, as with the ‘contract of confidence’ principle, it should be implemented as often as possible;
Amendment 64 #
2010/2305(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. HighlightStresses the benefmerits of synergies between ERDF, ESF agreater synergy and complementarity between all the shared management funds (ERDF, ESF, cohesion fund, EAFRD and EFF); takes the view that flexibility to support ESF- type of actions in ERDF programmes should be increased, andbetween the ERDF and the ESF should be encouraged so as to facilitate the financing of integrated projects, while taking into account the specific nature and objectives of each of these funds; stresses that harmonisation of rules and procedures would lead to simplified delivery systems and encourage participation by potential beneficiaries in EU co-funded programmes; recalls in this context the potential of cross-financing, which is not yet being fully exploited;
Amendment 68 #
2010/2305(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to make further efforts to attract and retain and the Commission, in coordination with local and regional authorities, to promote the training of high-qualifiedty staff to manage EU funds;
Amendment 77 #
2010/2305(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Points out the importance of inter- regional cooperation programmes and of programmes such as INTERACT and URBACT in identifying and disseminating best practices and in training the political and administrative actors in the optimum use of the funds; calls for actions promoting regional planning and effective use of funds to be eligible for appropriations under the ‘inter-regional cooperation’ part of the Territorial Cooperation Objective;
Amendment 80 #
2010/2305(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to explore the introduction of harmonised information and communication systems, bearing in mind the differences between the management and control systems of the Member States, and calls, to that end, for the implementation of uniform software to monitor the use of funds in the context of the territorial cooperation programmes;
Amendment 90 #
2010/2305(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points out that most SMEs, and especially small and micro enterprises, cannot access structural funds on their own due to current administrative and financial constraints, and that they need support and advice from their representative organisations at regional and national level; considers that a simplification of the rules and procedures is essential to ensuring their access to structural funds; calls for the Small Business Act, its ‘think small first’ and ‘only once’ principles and the proportionality principle to be applied at all levels of decision-making to define investment priorities and the design of management, audit and control procedures in order to ensure better absorption of the funds;
Amendment 92 #
2010/2305(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to inform citizensand provide support to citizens, representatives of civil society and regional and local authorities fully about financing possibilities, eligibility for co-financing from the Structural and Cohesion Funds, the co- financing rules, the rules on reimbursement, and where to find calls for proposals;
Amendment 95 #
2010/2305(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reiterates that multi-level governance and the partnership principle are key elements in the effectiveness of operational programmes and in high absorption capacity; recommends to the Members States, in line with the principles of subsidiarity and of their institutional autonomy, that they consistently reinforce the partnership and transparency principle, while implementing the operational programmes, and that they involve the economic and social actors and sub- national levelauthorities from the outset in defining investment priorities, in the decision making process itself and in the implementation and evaluation of programmes;