Activities of Rachida DATI

Motion for a resolution
Paragraph 10

10. Notes that terrorists have been known to start off in petty crime; is concerned that certain Member States’ justice systems have low conviction rates, with inadequate sentences being issued for serious crime and radicalised individuals being released prematurely or on parole; therefore encourages Member States to organise their justice systems such as to ensure effective intervention vis-à-vis habitual offenders and sufficient dissuasiveness for such offenders; stresses the importance of reintegration measures to prevent repeat offences and the follow- up of former inmates after their release;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Arnaud DANJEAN, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA

Motion for a resolution
Paragraph 14 a (new)

14 a. Calls on Eurojust to continue its work in monitoring the jurisprudence in Member States as regards radicalisation leading to terrorism, including the use of alternatives to prosecution and detention, and to report regularly in its Terrorism Conviction Monitor (TCM); to this end, calls on the Member States to transmit to Eurojust all relevant information on prosecutions and convictions for terrorist offences which affect or may affect two or more Member States;

2018/09/12
Committee: TERR

2018/2044(INI)

Motion for a resolution
Paragraph 16

16. Calls on the Member States to conduct prior screenings of chaplains, particularly prison chaplains; and to consistently blacklist any hate preachers; calls on the Commission to introduce an EU watch list so as to better exchange information on radical chaplains;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Arnaud DANJEAN, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA, Artis PABRIKS

Motion for a resolution
Paragraph 21

21. Invites the Member States to examine how to ensure that places of worship, education, charities, cultural associations and similar entities provide details regarding the provenance of their funds and their distribution, both within and outside the EU, and how data concerning these entities, where there exists suspicion or reasonable grounds to suspect links with terrorist groups, could be recorded in a centralised database, set up with all the appropriate guarantees; calls on Member States to ban funding from third countries that oppose the EU’s fundamental values of democracy, pluralism, tolerance, and equality between men and women;

2018/09/12
Committee: TERR

2018/2044(INI)

Motion for a resolution
Paragraph 26

26. Underlines the need to achieve automatic, fast and full removal of terrorist content; points out that, in its communication of 1 March 2018, the Commission proposed a series of non- binding measures to more effectively combat illegal content online, and gave companies three months to demonstrate the effectiveness of their actions; once again requests the Commission to present without further delay a legislative proposal implying the criminal liability of digital companies and obliging companies to remove terrorist content fully within one hour and to introduce clear reporting obligations on the incidence of terrorist content and removal rates, as well as sanctions for non-compliance; calls on the co-legislators to start work on this proposal quickly following its publication; calls on the Member States to put national measures in place in the event of no European intervention or delay in the drafting of such legislation;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA, Artis PABRIKS

Motion for a resolution
Paragraph 27

27. Calls for the creation of an online European platform that citizens can use in order to flag terrorist and extremist content online; and asks companies to increase their capabilities to receive, review, and respond to flagged content;

2018/09/12
Committee: TERR

2018/2044(INI)

Motion for a resolution
Paragraph 27 a (new)

27a. Calls on each Member State to establish a special unit in charge of reporting illegal online content, which could cooperate with the EU IRU;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA, Artis PABRIKS

Motion for a resolution
Paragraph 28

28. Calls for involvement of social media and audiovisual companies, including public broadcasters, in developing and disseminating effective counter-narratives, also with the inclusion of victims and to ensure that search engines place counter-narratives prominently;

2018/09/12
Committee: TERR

2018/2044(INI)

Motion for a resolution
Paragraph 28 a (new)

28a. Calls on the Member States to set up educational programmes on the use of the internet, so that children and young people have the tools to understand and assess with discernment the often unfiltered information that circulates online; also encourages adult education on internet use so that adults can monitor their children's online activities;

2018/09/12
Committee: TERR

2018/2044(INI)

Motion for a resolution
Paragraph 29

29. Calls on Member States to ensure safe and orderly prison conditions, for both prisoners and prison staff, and to create specific procedures for radicalised inmates, in order to prevent radicalisation of others, through segregation for example, as well as to ensure targeted monitoring and targeted disengagement measures, and to train prison staff accordingly;

2018/09/12
Committee: TERR

2018/2044(INI)

Motion for a resolution
Paragraph 29 a (new)

29a. calls on Member States to set up deradicalisation or de-indoctrination structures within prisons composed of multidisciplinary teams; believes that reintegration measures should be made an integral part of incarceration in order to prepare for the release of these inmates;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA

Motion for a resolution
Paragraph 29 a (new)

29 a. Encourages the Member States to take stock of trainings developed with the use of EU funds by European Confederation for Probation (CEP), EuroPris and the European Prison Training Academy (EPTA);

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA

Motion for a resolution
Paragraph 29 b (new)

29 b. Urges the Member States to guarantee safety, physical and psychological integrity of staff in prisons, to provide them with regular psychological counselling so that they do not become radicalised themselves and to develop and update official protocols of how to deal with radicalised prisoners;

2018/09/12
Committee: TERR

2018/2044(INI)

Motion for a resolution
Paragraph 29 b (new)

29b. Points out that in order to prevent radicalisation in prisons it is essential to combat prison overcrowding, which can encourage the spread of radical ideas, but also to establish incarceration regimes that are differentiated according to the level of danger presented by the inmates;

2018/09/12
Committee: TERR

2018/2044(INI)

Motion for a resolution
Paragraph 29 c (new)

29c. Draws attention to the various forms of illegal goods trafficking in prisons, particularly the trafficking of mobile phones, which allows incarcerated prisoners to remain in contact with external terrorist networks;

2018/09/12
Committee: TERR

2018/2044(INI)

Motion for a resolution
Paragraph 29 d (new)

29d. Highlights that inmates are increasingly resorting to strategies to conceal radicalisation; calls for the establishment of specific training for prison staff to teach them how to detect radicalised behaviour early on, as well as to give them the tools to deal with the security problems that these prisoners may cause; is alarmed by the violence that occurs in prisons towards prison staff, particularly by radicalised inmates, and calls for prison staff to be provided with the necessary equipment to ensure their protection; calls on the Member States to develop prison intelligence;

2018/09/12
Committee: TERR

2018/2044(INI)

Motion for a resolution
Paragraph 29 e (new)

29e. Calls on Member States to set up certification or licensing systems for prison chaplains in order to ensure that they do not spread extremist speech;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA

Motion for a resolution
Paragraph 33

33. Deplores the insufficient character of the security research being conducted, and calls for a specific programme on security research to be established in the next MFF; calls for a more proactive definition of the needs (i.e. strengthening ENLETS which is defining technological needs for law enforcement); calls to support pilot projects an artificial intelligence and blockchain (remittances); calls for active involvement of the EU agencies such as Europol, CEPOL and EBCGA in EU security research projects; calls on the Member States to regularly organise foresight exercises looking into future threat scenarios; supports the continued funding by the Commission of the establishment of modernised databases and the provision of up-to-date technical equipment and training of staff, and calls for a more ambitious approach in this respect;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA, Artis PABRIKS

Motion for a resolution
Paragraph 34

34. Urges Member States to adopt the approach of ‘information sharing by default’ when it comes to sharing CT- related information with other Member States and relevant EU agencies and bodies, thus exchanging such information as a rule, and refraining from such exchange only in specific cases where circumstances require that it be withheld;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Arnaud DANJEAN, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Lorenzo CESA

Motion for a resolution
Paragraph 39 a (new)

39 a. Calls on the co-legislators to ensure that intelligence services continue to have legitimate access to SIS under the reformed legal regime to avoid new security and information exchange gaps;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Arnaud DANJEAN, Christian EHLER, Rachida DATI, Heinz K. BECKER

Motion for a resolution
Paragraph 42

42. Calls on Member States to ensure access to VIS for law enforcement authorities as well as intelligence services involved in CT operations and for a simplified procedure for such access;

2018/09/12
Committee: TERR

2018/2044(INI)

Motion for a resolution
Paragraph 48 a (new)

48 a. Calls on the Commission to come up with a proposal to expand he Entry/Exit system so that its scope is extended to every third-country national as well as to European citizens in such a way that every exit from or entry into European territory is recorded;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA

Motion for a resolution
Paragraph 51 a (new)

51 a. Stresses the need for continuous training to ensure the knowledge sharing and awareness of the necessary requirements in terms of system usage and the steps necessary to ensure the quality of the data-input.

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA

Motion for a resolution
Paragraph 56

56. Calls on the Member States to examine the possibility of better coordination and cooperation between intelligence and law enforcement services at EU level by increasingly sending intelligence experts in addition to law enforcement staff to the meetings of the Counter-Terrorism Joint Liaison Team (CTJLT) at Europol, which could serve as a blueprint for further cooperation between law enforcement and intelligence; calls on the Commission to increase support to the CTJLT, including special funding;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Lorenzo CESA

Motion for a resolution
Paragraph 56 a (new)

56 a. Calls for the establishment of a CTG-“Envoy”, who can serve as a public representative in the relations between the CTG and the relevant EU institutions and bodies;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA

Motion for a resolution
Paragraph 65

65. Calls for the creation of a comprehensive case-management system at Eurojust for all CT-related matters, ~~comparable to~~in order to fulfil its tasks at judicial level in close cooperation with ECTC at Europol;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA

Motion for a resolution
Paragraph 67 b (new)

67 b. Stresses the need for increased funding to CEPOL and to step up the development and delivery of innovative cyber related training;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA

Motion for a resolution
Paragraph 70

70. Calls on Member States to make full use of the expertise and tools offered by Eurojust and the European Judicial Network (EJN), in particular in providing practical and legal information and support when it comes to MLA requests and assistance with mutual recognition requests, coordination of investigations and prosecutions, decisions on best placed jurisdiction to prosecute, or coordination of asset seizures and confiscations;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Artis PABRIKS

Motion for a resolution
Paragraph 72

72. Calls for the swift adoption before the end of the current Parliament of the Commission proposals for a regulation and directive aimed at improving cross-border access to electronic evidence; requests online service providers (OSPs) to provide single points of contact for law enforcement/judiciary requests;

2018/09/12
Committee: TERR

2018/2044(INI)

Motion for a resolution
Paragraph 72 a (new)

72 a. calls on the Council to expand the powers of the European Public Prosecutor’s Office to the fight against organised crime and terrorism;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA, Artis PABRIKS

Motion for a resolution
Paragraph 79 a (new)

79 a. Calls on the Commission to swiftly ensure that EBCGA reaches a standing corps of around 10,000 border guards1a; __________________ 1a http://europa.eu/rapid/press- release_MEMO-18-3621_en.htm

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA, Artis PABRIKS

Motion for a resolution
Paragraph 85

85. Calls on the Member States, ~~Frontex~~EBCGA and Europol to establish a European Targeting Centre within Frontex that constitutes a joint venture with the national authorities and Europol; believes this centre should assist with the advance identification of travellers who pose a threat to the security of the EU and should function as a ‘round-the-clock’ service for national border guards when there are doubts regarding certain individuals; recommends the use of sophisticated software to increase the effectiveness of targeting and cooperation with international partners in this area;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA

Motion for a resolution
Paragraph 86

86. Welcomes Europol’s participation in the law enforcement cell of the US-led Operation Gallant Phoenix (OGP) in Jordan, whereby it processes information obtained from the battlefield and exchanges it through established channels and procedures with Member States’ law enforcement authorities via the Europol National Units; calls for full access of Europol at OGP;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA

Motion for a resolution
Paragraph 96 a (new)

96 a. Calls on the European Commission to propose legislation for a robust tracing system for artworks and antiques entering the EU market, especially for items originating from conflict-affected and high-risk countries as listed by the Commission, as well as from organisations, groups or individuals included in the EU terror list; believes that this initiative should be supported by the creation of a standardised permit, without which trading of these items would be illicit, by the creation of a passport for the export of each item; believes that digital tools allowing to check the authenticity of the documents should be developed; notes that a comprehensive register of antiquities for sale should be systematically held up to date by art dealers;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA

Motion for a resolution
Paragraph 96 b (new)

96 b. Calls on the Member States to make it mandatory for companies involved in art dealing to declare all suspicious transactions, and to make the owners of companies dealing in art and antiques who become involved in the trafficking of such goods subject to effective, proportionate and dissuasive penalties, including criminal penalties where necessary;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA

Motion for a resolution
Paragraph 96 c (new)

96 c. Calls on the Member States to cooperate more with Europol AP FURTUM and, as requested by UNSC 2347, to provide customs and law enforcement with dedicated personnel, as well as public prosecutors, with effective tools and adequate training through cooperation with the WCO and INTERPOL

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA

Motion for a resolution
Paragraph 97

97. Calls on the Commission to develop, together with Member States and international partners, ways of better monitoring financial flows and identifying users of electronic wallets and prepaid cards, crowdfunding platforms and online and mobile payment systems in relevant investigations; calls for a focus on virtual currencies and fintech and calls to explore the possibility to extend sanctions also to crowdfunding on social media for terrorist purposes;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Emil RADEV, Lorenzo CESA

Motion for a resolution
Paragraph 99 a (new)

99 a. Calls for the swift adoption of the draft directive on access by law enforcement authorities to financial information and exchange of information between FIUs;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Lorenzo CESA

Motion for a resolution
Paragraph 107 a (new)

107 a. Calls on the Commission to propose a European Certification Initiative for private security companies, aiming to specify requirements and conditions under which private security companies shall be able to operate within Critical Infrastructure environment;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Andrzej GRZYB, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Lorenzo CESA

Motion for a resolution
Paragraph 110

110. Believes that a system must be set up for car rental agencies to check the identity of clients against police databases, ~~showing only a red or green flag~~without granting them any kind of access;

2018/09/12
Committee: TERR

2018/2044(INI)

Motion for a resolution
Paragraph 122

122. Calls for the intensification of EU cooperation with neighbouring countries, particularly with transit countries and those that are the destination of foreign fighters, in the area of CT; considers that the EU must maintain a global approach to CT, with a specific focus on cooperation with key third countries on the basis of clearly defined priorities;

2018/09/12
Committee: TERR

2018/2044(INI)

Monika HOHLMEIER, Ivo BELET, Bogdan Andrzej ZDROJEWSKI, Milan ZVER, Christian EHLER, Rachida DATI, Heinz K. BECKER, Elisabetta GARDINI, Lorenzo CESA

Motion for a resolution
Paragraph 136

136. Calls for the Member States and the EU institutions, when adopting and applying CT measures, to find the right balance between the different fundamental rights involved; considers in this respect that, while privacy is a fundamental right, the first priority should lie in protecting people’s fundamental rights to life and security, which necessitates robust mandates for all public bodies involved in the fight against terrorism as well as a high degree of public support for these authorities;

2018/09/13
Committee: TERR

2018/0331(COD)

Proposal for a regulation
Recital 8

(8) The right to an effective remedy is enshrined in Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union. Each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this Regulation, which can adversely affect the rights of that person. The right includes, in particular the possibility for hosting service providers and content providers to effectively contest the removal orders before the court of the Member State whose authorities issued the removal order. Moreover, hosting service providers should have the right to contest a decision imposing proactive measures or penalties before the court of the Member State whose authorities have adopted the decision.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 9

(9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences, guidance on methods or techniques on the making or use of explosives, firearms or other weapons or noxious substances as well as CBRN substances, or promotes the participation in activities of a terrorist group. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this Regulation, competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment. Content disseminated for educational, journalistic, counter-narrative or research purposes should be adequately protected. Furthermore, the expression of radical, polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content. _________________ 9Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).

2019/02/25
Committee: LIBE

2018/0331(COD)

Rachida DATI, Monika HOHLMEIER, Anna Maria CORAZZA BILDT, Roberta METSOLA

Proposal for a regulation
Recital 10

(10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information and material stored available to th~~ird parties~~e public, irrespective of whether this activity is of a mere technical, automatic and passive nature. By way of example such providers of information society services include social media platforms, video streaming services, video, image and audio sharing services, file sharing and other cloud services, to the extent they make the information available to th~~ird parties and webs~~e public and websites where users can make comments or post reviews. Cloud infrastructure services which comprise the provision of on demand physical or virtual resources that provide computing and storage infrastructure capabilities ~~where users can make comments or post reviews~~on which the service provider has no contractual rights as to what content is stored or how it is processed or made publicly available by its customers or by the end-users of such customers, and where the service provider has no technical capability to remove specific content stored by their customers or the end-users of their customers, should not be considered to fall within the scope of this Regulation. The Regulation should also apply to hosting service providers established outside the Union but offering services within the Union, since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries. This should ensure that all companies operating in the Digital Single Market comply with the same requirements, irrespective of their country of establishment. The determination as to whether a service provider offers services in the Union requires an assessment whether the service provider enables legal or natural persons in one or more Member States to use its services. However, the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more Member States taken in isolation should not be a sufficient condition for the application of this Regulation.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 13

(13) The procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it, following an assessment by the competent authorities, should be harmonised. Member States should remain free as to the choice of the competent authorities allowing them to designate administrative, law enforcement or judicial authorities with that task. Given the speed at which terrorist content is disseminated across online services, this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order. Respecting this one hour delay is crucial to avoid a widespread dissemination of such content. It is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the Union.

2019/02/25
Committee: LIBE

2018/0331(COD)

Rachida DATI, Monika HOHLMEIER, Anna Maria CORAZZA BILDT, Roberta METSOLA

Proposal for a regulation
Recital 13 a (new)

(13 a) Where a hosting service provider has been unable to succeed in removing or disabling access to the relevant content within one hour, the hosting service providers should take all the necessary measures to execute the removal order without undue delay. The hosting service provider should report to the issuing authority on the reasons which made it impossible to execute the order. In case of delays, the nature and size of the hosting service providers should be taken into account, particularly in the case of micro enterprises or small-sized enterprises within the meaning of the Commission recommendation 2003/361/EC1a. _________________ 1aCommission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, OJ L 124, 20.5.2003, p. 36.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 15

(15) Referrals by the competent authorities or Europol constitute an effective and swift means of making hosting service providers aware of specific content on their services. This mechanism of alerting hosting service providers to information that may be considered terrorist content, for the provider’s voluntary consideration of the compatibility its own terms and conditions, should remain available and continue to be developed, in addition to removal orders. It is important that hosting service providers assess such referrals as a matter of priority and provide swift feedback about action taken. The ultimate decision about whether or not to remove the content because it is not compatible with their terms and conditions remains with the hosting service provider. In implementing this Regulation related to referrals, Europol’s mandate as laid down in Regulation (EU) 2016/79413 remains unaffected. _________________ 13Regulation (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).

2019/02/25
Committee: LIBE

2018/0331(COD)

Rachida DATI, Monika HOHLMEIER, Anna Maria CORAZZA BILDT, Roberta METSOLA

Proposal for a regulation
Recital 16

(16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling terrorist content online. With a view to reducing the accessibility of terrorist content on their services, hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information. Consequently, based on cooperation and exchange of best practice, hosting service providers should determine what appropriate, effective and proportionate proactive measure should be put in place. This requirement should not imply a general monitoring obligation. In the context of this assessment, the absence of removal orders and referrals addressed to a hosting provider, is an indication of a low level of exposure to terrorist content.

2019/02/25
Committee: LIBE

2018/0331(COD)

Rachida DATI, Monika HOHLMEIER, Anna Maria CORAZZA BILDT, Roberta METSOLA

Proposal for a regulation
Recital 18

(18) In order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services, the competent authorities should request hosting service providers having received a removal order, which has become final, to report on the proactive measures taken. These could consist of measures to prevent the re-upload of terrorist content, removed or access to it disabled as a result of a removal order or referrals they received, checking against publicly or privately-held tools containing known terrorist content. They may also employ the use of reliable technical tools to identify new terrorist content, either using those available on the market or those developed by the hosting service provider. The service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether, if automated means are used, the hosting service provider has the necessary abilities for human oversight and verification. In assessing the effectiveness and proportionality of the measures, competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider, their size and economic capacity and the impact of its service in disseminating terrorist content (for example, taking into account the number of users in the Union).

2019/02/25
Committee: LIBE

2018/0331(COD)

Rachida DATI, Monika HOHLMEIER, Anna Maria CORAZZA BILDT, Roberta METSOLA

Proposal for a regulation
Recital 19

(19) Following the request, the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place. If necessary, the competent authority should impose the adoption of appropriate, effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks taking into consideration the economic and technical capacity of the platform. A decision to impose such specific proactive measures should not, in principle, lead to the imposition of a general obligation to monitor, as provided in Article 15(1) of Directive 2000/31/EC. Considering the particularly grave risks associated with the dissemination of terrorist content, the decisions adopted by the competent authorities on the basis of this Regulation could derogate from the approach established in Article 15(1) of Directive 2000/31/EC, as regards certain specific, targeted measures, the adoption of which is necessary for overriding public security reasons. Before adopting such decisions, the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved, in particular, the freedom of expression and information and the freedom to conduct a business, and provide appropriate justification.

2019/02/25
Committee: LIBE

2018/0331(COD)

Rachida DATI, Monika HOHLMEIER, Anna Maria CORAZZA BILDT, Roberta METSOLA

Proposal for a regulation
Recital 24

(24) Transparency of hosting service providers' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the Digital Single Market. Hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection, identification and removal of terrorist content, and promote exchange of best practice to efficiently tackle terrorist content.

2019/02/25
Committee: LIBE

2018/0331(COD)

Rachida DATI, Monika HOHLMEIER, Anna Maria CORAZZA BILDT, Roberta METSOLA

Proposal for a regulation
Recital 27

(27) In order to avoid duplication and possible interferences with investigations, the competent authorities should inform, coordinate and cooperate with each other and where appropriate with Europol ~~when~~before issuing removal orders or when sending referrals to hosting service providers. When deciding upon issuing a removal order, the competent authority should give due consideration to any notification of an interference with an investigative interests ("de-confliction"). Where a competent authority is informed about an existing removal order issued by the competent authority of another Member State, it should refrain from issuing a duplicate order. In implementing the provisions of this Regulation, Europol could provide support in line with its current mandate and existing legal framework.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 30

(30) To facilitate the swift exchanges between competent authorities as well as with hosting service providers, and to avoid duplication of effort, Member States ~~may make~~are encouraged to use of tools developed by Europol, such as the current Internet Referral Management application (IRMa) or successor tools. Europol should be provided with the necessary financial and human resources to develop these tools to support Member States in the implementation of this Regulation, and to improve them with a view to enhance the standardisation of referrals and strengthen the coordination of removal orders at EU level while continuing to provide expert support and advice to both the Member States and the hosting service providers.

2019/02/25
Committee: LIBE

2018/0331(COD)

Rachida DATI, Monika HOHLMEIER, Anna Maria CORAZZA BILDT, Roberta METSOLA

Proposal for a regulation
Recital 33

(33) Both hosting service providers and Member States should establish points of contact to facilitate the swift handling of removal orders and referrals. In contrast to the legal representative, the point of contact serves operational purposes. The hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof. The point of contact for the hosting service provider does not have to be located in the Union and the hosting service provider is free to nominate an existing point of contact, provided that this point of contact is able to fulfil the functions provided for in this Regulation. With a view to ensure that terrorist content is removed or access to it is disabled within one hour from the receipt of a removal order, hosting service providers exposed to terrorist content should ensure that the point of contact is reachable 24/7. The information on the point of contact should include information about the language in which the point of contact can be addressed. In order to facilitate the communication between the hosting service providers and the competent authorities, hosting service providers are encouraged to allow for communication in one of the official languages of the Union in which their terms and conditions are available. Hosting service providers should establish this contact point as soon as they become aware of such content, at the latest without undue delay after they have received a first removal order.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 37 a (new)

(37 a) Member States should communicate the competent authorities designated under this Regulation to the Commission, which should publish online a compilation of the competent authorities per Member State. The online registry should be easily accessible to facilitate the swift verification of the authenticity of removal orders by the hosting service providers.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Recital 38

(38) Penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this Regulation. Member States should adopt rules on penalties, which can be of an administrative or criminal nature including, where appropriate, fining guidelines. Particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order. Non-compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure. When determining whether a penalty should apply, Member States should take into consideration the reports made by hosting service providers when they have been unable to execute a removal order on time. The Member States should take into consideration the economic and technical capacity of the hosting service providers. In order to ensure legal certainty, the regulation should set out to what extent the relevant obligations can be subject to penalties. Penalties for non-compliance with Article 6 should only be adopted in relation to obligations arising from a request to report pursuant to Article 6(2) or a decision imposing additional proactive measures pursuant to Article 6(4). When determining whether or not financial penalties should be imposed, due account should be taken of the financial resources of the provider. Member States shall ensure that penalties do not encourage the removal of content which is not terrorist content.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1

(1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to th~~ird parties~~e public;

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 4

(4) 'terrorist offences' means ~~offences~~intentional acts listed as defined in Article 3(1) of Directive (EU) 2017/541 when and insofar as committed with a specific terrorist aim as defined in Article 3(2) of that Directive; ;

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part

(5) 'terrorist content' means material, including messages or images, constituting a public provocation to commit a terrorist offence, comprising one or more of the following information:

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

(a) inciting or advocating, including by glorifying, the commission of terrorist offences, thereby causing a danger that such ~~acts~~offences may be committed;

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b

(b) ~~encouraging the~~soliciting persons or a group of persons to commit or to contribut~~ion~~e to terrorist offences;

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c

(c) promoting the activities of a terrorist group, in particular by ~~encouraging the~~soliciting persons or a group of persons to participat~~ion~~e in or support tohe criminal activities of a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541;

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point d

(d) ~~instructing~~providing guidance on methods or techniques, including on the making or use of explosives, firearms or other weapons or noxious or hazardous substances as well as CBRN substances, for the purpose of committing terrorist offences.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6

(6) ‘dissemination of terrorist content’ means making terrorist content available to th~~ird parties~~e public on the hosting service providers’ services;

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 4 – paragraph 7

7. If the hosting service provider cannot comply with the removal order because of force majeure or of de facto impossibility not attributable to the hosting service provider, it shall inform, without undue delay, the competent authority, ~~explaining~~report on the reasons, using the template set out in Annex III. The deadline set out in paragraph 2 shall apply as soon as the reasons invoked are no longer present.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 6 – paragraph 1

1. Hosting service providers shall, ~~where appropriate~~proportionate to the risk and level of exposure to terrorist content, take proactive measures to protect their services against the dissemination of terrorist content. The measures shall be effective and proportionate, taking into account the risk and level of exposure to terrorist content, the fundamental rights of the users, and the fundamental importance of the freedom of expression and information in an open and democratic society.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 6 – paragraph 4

4. Where no agreement can be reached within the three months from the request pursuant to paragraph 3, the competent authority referred to in Article 17(1)(c) may issue a decision imposing specific additional necessary and proportionate proactive measures. The decision shall take into account, in particular, the size and economic capacity of the hosting service provider and the effect of such measures on the fundamental rights of the users and the fundamental importance of the freedom of expression and information. Such a decision shall be sent to the main establishment of the hosting service provider or to the legal representative designated by the service provider. The hosting service provider shall regularly report on the implementation of such measures as specified by the competent authority referred to in Article 17(1)(c).

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 6 – paragraph 5

5. A hosting service provider may, at any time, request the competent authority referred to in Article 17(1)(c) a review and, where appropriate, to revoke a request or decision pursuant to paragraphs 2, 3, and 4 respectively. The competent authority shall provide a reasoned decision within a reasonable period of time after receiving the request by the hosting service provider. A hosting service provider shall have the right to contest a decision imposing proactive measures before the court of the Member State whose competent authority has adopted this decision.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 13 – title

13 Cooperation between hosting service providers, competent authorities and where appropriate ~~releva~~competent Union bodies

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 13 – paragraph 1

1. Competent authorities in Member States shall inform, coordinate and cooperate with each other and, where appropriate, with ~~releva~~competent Union bodies such as Europol with regard to removal orders and referrals to avoid duplication, enhance coordination and avoid interference with investigations in different Member States.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 13 – paragraph 3 – introductory part

3. Member States and hosting service providers may choose to make use of dedicated tools, including, ~~where appropriate,~~ those established by ~~releva~~competent Union bodies such as Europol, to facilitate in particular:

2019/02/25
Committee: LIBE

2018/0331(COD)

Rachida DATI, Monika HOHLMEIER, Anna Maria CORAZZA BILDT, Roberta METSOLA

Proposal for a regulation
Article 14 – paragraph 1

1. Hosting service providers exposed to terrorist content and receiving removal orders shall establish a point of contact allowing for the receipt of removal orders and referrals by electronic means and ensure their swift processing pursuant to Articles 4 and 5. They shall ensure that this information is made publicly available.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 17 – paragraph 2

2. By [six months after the entry into force of this Regulation] at the latest Member States shall notify the Commission of the competent authorities referred to in paragraph 1. The Commission shall set up an online register listing all these competent authorities. The Commission shall publish the notification and any modifications of it in the Official Journal of the European Union.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 18 – paragraph 3 – point e a (new)

(ea) reports sent by hosting service providers when they have been unable to execute a removal order on time.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 18 – paragraph 3 – point e b (new)

(eb) the economic and technical capacity of the hosting service providers.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 18 – paragraph 4 a (new)

4a. Members States shall take into consideration the specificities of micro or small enterprises within the meaning of the Commission recommendation 2003/361/EC, when determining penalties.

2019/02/25
Committee: LIBE

2018/0331(COD)

Proposal for a regulation
Article 23 – paragraph 1

No sooner than [three years from the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and submit a report to the European Parliament and to the Council on the application of this Regulation including the functioning of the effectiveness of the safeguard mechanisms. In the context of this evaluation, the Commission shall also report on the necessity, the feasibility and the effectiveness of creating a European Platform on Terrorist Content Online, which would allow all Member States to use one secure communication channel to send referrals and removal orders for terrorist content to hosting service providers. Where appropriate, the report shall be accompanied by legislative proposals. Member States shall provide the Commission with the information necessary for the preparation of the report.

2019/02/25
Committee: LIBE

2018/0331(COD)

Monika HOHLMEIER, Kārlis ŠADURSKIS, Heinz K. BECKER, Rachida DATI

Proposal for a regulation
Annex III – section B – point i – paragraph 3 – indent 1 (new)

- Impossibility for the hosting service provider to execute the order for technical or practical reasons

2019/02/25
Committee: LIBE

2018/0329(COD)

Proposal for a directive
Recital 13

(13) Where there are no reasons to believe that the granting of a period for voluntary departure would undermine the purpose of a return procedure, voluntary return should be preferred over forced return and an appropriate period for voluntary departure of up to thirty days, depending in particular on the prospect of return, should be granted. ~~A period for voluntary departure should not be granted where~~Member States should ensure that those third-country nationals in respect of whom it has been assessed that th~~ird- country nationals~~ey pose a risk of absconding, who have had a previous application for legal stay dismissed as fraudulent or manifestly unfounded, or ~~they~~who pose a risk to public policy, public security or national security in particular on grounds of terrorism or serious crime, are not granted a period for voluntary departure. An extension of the period for voluntary departure should be provided for when considered necessary because of the specific circumstances of an individual case.

2019/02/11
Committee: LIBE

2018/0329(COD)

Monika HOHLMEIER, Kārlis ŠADURSKIS, Heinz K. BECKER, Rachida DATI

Proposal for a directive
Recital 15 a (new)

(15a) Member States should ensure that persons facing return procedures do not intentionally and fraudulently exploit factors that might be considered as potentially increasing their vulnerability.

2019/02/11
Committee: LIBE

2018/0329(COD)

Monika HOHLMEIER, Kārlis ŠADURSKIS, Heinz K. BECKER, Rachida DATI

Proposal for a directive
Recital 16

(16) The deadline for lodging an appeal against decisions related to return should provide enough time to ensure access to an effective remedy, while taking into account that long deadlines ~~can~~ have a detrimental effect on return procedures. To avoid possible misuse of rights and procedures, a maximum period not exceeding ~~five~~ten days should be granted to appeal against a return decision. This provision should only apply following a decision rejecting an application for international protection which became final, including after a possible judicial review.

2019/02/11
Committee: LIBE

2018/0329(COD)

Monika HOHLMEIER, Kārlis ŠADURSKIS, Heinz K. BECKER, Rachida DATI

Proposal for a directive
Recital 18

(18) An appeal against a return decision should have an automatic suspensive effect only in cases where there is a risk of breach of the principle of non-refoulement or where there is clear evidence for exceptional personal circumstances such as severe impairments to health.

2019/02/11
Committee: LIBE

2018/0329(COD)

Monika HOHLMEIER, Kārlis ŠADURSKIS, Heinz K. BECKER, Rachida DATI

Proposal for a directive
Recital 28

(28) Detention should be imposed, following an individual assessment of each case, where there is a risk of absconding, where the third-country national avoids or hampers the preparation of return or the removal process, or when the third country national concerned poses a risk to public policy, public security or national security, especially if belonging to terrorist or serious crime networks. This should also apply to minors between the age of 16 and 18, who have repeatedly committed criminal offences, thereby proving their unwillingness to abide by the law.

2019/02/11
Committee: LIBE

2018/0329(COD)

Monika HOHLMEIER, Kārlis ŠADURSKIS, Heinz K. BECKER, Rachida DATI

Proposal for a directive
Recital 29

(29) Given that maximum detention periods in some Member States are not sufficient to ensure the implementation of return, a maximum period of detention between three and ~~six~~twelve months, which may be prolonged, should be established in order to provide for sufficient time to complete the return procedures successfully, without prejudice to the established safeguards ensuring that detention is only applied when necessary and proportionate and for as long as removal arrangements are in progress.

2019/02/11
Committee: LIBE

2018/0329(COD)

Monika HOHLMEIER, Kārlis ŠADURSKIS, Heinz K. BECKER, Rachida DATI

Proposal for a directive
Recital 30

(30) This Directive ~~should not preclude~~encourages Member States ~~from~~to lay~~ing~~ down effective, proportionate and dissuasive penalties and criminal penalties, including imprisonment, in relation to the infringements of migration rules, especially with regard to convicted terrorists, organised crime offenders and offenders of severe crimes such as rape, provided that such penalties are compatible with the objectives of this Directive, do not compromise the application of this Directive and are in full respect of fundamental rights.

2019/02/11
Committee: LIBE

2018/0329(COD)

Monika HOHLMEIER, Kārlis ŠADURSKIS, Heinz K. BECKER, Rachida DATI

Proposal for a directive
Recital 33

(33) To ensure effective return in the context of the border procedure, a period for voluntary departure should not be granted. However, a period for voluntary departure ~~should~~may be granted to third- country nationals who hold a valid travel document and cooperate fully with the competent authorities of the Member States at all stages of the return procedures. In such cases, to prevent absconding, third- country nationals should hand over the travel document to the competent authority until their departure.

2019/02/11
Committee: LIBE

2018/0329(COD)

Monika HOHLMEIER, Kārlis ŠADURSKIS, Heinz K. BECKER, Rachida DATI

Proposal for a directive
Recital 38

(38) Establishing return management systems in Member States contributes to the efficiency of the return process. Each national system should provide timely information on the identity and legal situation of the third country national that are relevant for monitoring and following up on individual cases. To operate efficiently and in order to significantly reduce the administrative burden, such national return systems should be linked to the Schengen Information System to facilitate and speed up the entering of return-related information, ~~as well as~~ to the central system established by the European Border and Coast Guard Agency in accordance with Regulation (EU) …/… [EBCG Regulation] as well as other relevant central information systems.

2019/02/11
Committee: LIBE

2018/0329(COD)

Heinz K. BECKER, Monika HOHLMEIER, Rachida DATI, Kārlis ŠADURSKIS

Proposal for a directive
Article 6 – paragraph 1 – point p a (new)

(pa) risk to public policy, public security or national security.

2019/02/11
Committee: LIBE

2018/0329(COD)

Heinz K. BECKER, Monika HOHLMEIER, Rachida DATI, Kārlis ŠADURSKIS

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2

However, Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when one of the objective criteria referred to in points (m), (n), (o), (p) and (p a) of paragraph 1 is fulfilled.

2019/02/11
Committee: LIBE

2018/0329(COD)

Monika HOHLMEIER, Kārlis ŠADURSKIS, Heinz K. BECKER, Rachida DATI

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1

Member States shall issue a return decision immediately after the adoption of a decision ending a legal stay of a third- country national, including a decision not granting a third-country national refugee status or subsidiary protection status in accordance with Regulation (EU) …/… [Qualification Regulation] in order to guarantee smooth procedures, which are also in the best interest of the returnees.

2019/02/11
Committee: LIBE

2018/0329(COD)

Monika HOHLMEIER, Kārlis ŠADURSKIS, Heinz K. BECKER, Rachida DATI

Proposal for a directive
Article 9 – paragraph 4 – point c – subparagraph 1 (new)

This should particularly apply to third- country nationals who have committed offences in several Member States or offences related to terrorism or serious crime.

2019/02/11
Committee: LIBE

2018/0329(COD)

Monika HOHLMEIER, Kārlis ŠADURSKIS, Heinz K. BECKER, Rachida DATI

Proposal for a directive
Article 9 – paragraph 4 – point c b (new)

(cb) Where the third-country nationals has been convicted for benefit fraud by using multiple identities.

2019/02/11
Committee: LIBE

2018/0329(COD)

Monika HOHLMEIER, Kārlis ŠADURSKIS, Heinz K. BECKER, Rachida DATI

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall take all necessary measures to enforce the return decision if no period for voluntary departure has been granted in accordance with Article 9(4) or if the obligation to return has not been complied with within the period for voluntary departure granted in accordance with Article 9. Priority shall be given to those third country nationals having been convicted for severe and repeated criminal offences, in particular terrorism. Those measures shall include all measures necessary to confirm the identity of illegally staying third-country nationals who do not hold a valid travel document and to obtain such a document.

2019/02/11
Committee: LIBE

2018/0329(COD)

Heinz K. BECKER, Kārlis ŠADURSKIS, Monika HOHLMEIER, Rachida DATI

Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3 a (new)

The assistance referred to in this paragraph shall as a rule not be granted to third-country nationals who already benefitted from reintegration assistance provided by a Member State once.

2019/02/11
Committee: LIBE

2018/0329(COD)

Heinz K. BECKER, Rachida DATI, Monika HOHLMEIER, Kārlis ŠADURSKIS

Proposal for a directive
Article 22 – paragraph 3

3. ~~Return decisions issued in return~~In the context of procedures carried out in accordance with paragraph 1 of this Article ~~shall be given by means of a standard form as set out under national legislation, in accordance with Article 15(3)~~, Member States shall issue: (a) either a return decisions given by means of a standard form as set out in the annex, or (b) a refusal of entry in accordance with Article14 of Regulation 2016/399; paragraphs 4 to 7 shall not apply in this case. Member States shall issue one of the decisions referred to in this paragraph as soon as possible, where possible under national law together with the decision rejecting an application for international protection taken by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation].

2019/02/11
Committee: LIBE

2018/0207(COD)

Maurice PONGA, Brice HORTEFEUX, Rachida DATI

Proposal for a regulation
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.

2018/10/30
Committee: LIBE

2018/0207(COD)

Proposal for a regulation
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).

2018/10/30
Committee: LIBE

2018/0207(COD)

Proposal for a regulation
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;

2018/10/30
Committee: LIBE

2018/0207(COD)

Proposal for a regulation
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.

2018/10/30
Committee: LIBE

2018/0207(COD)

Rachida DATI, Brice HORTEFEUX

Proposal for a regulation
Annex I – paragraph 1 – point f

(f) strengthening ~~citizens’~~ awareness of European culture, history and remembrance as well as ~~their~~a sense of belonging to the Union among citizens, including those resident in the outermost regions and OCTs;

2018/10/30
Committee: LIBE

2017/2256(INI)

Motion for a resolution
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;

2018/03/14
Committee: LIBE

2017/2256(INI)

Rachida DATI, Brice HORTEFEUX

Motion for a resolution
Paragraph 2

2. ~~Not~~Welcomes 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;

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
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;

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Paragraph 9

9. Stresses that the current state of Schengen and the issues it has encountered are ~~not due~~due not only to problems in the structure and construction of Schengen ~~itself but rather~~but 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;

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Paragraph 12

12. ~~Condemns the continued~~Welcomes, 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 opinion~~s 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;

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Paragraph 13

13. Appreciates, as part of efforts to restore the normal functioning of Schengen, the proposal to amend the Schengen Borders Code; recalls that these changes should merely reflect the new challenges and diffuse threats to internal security and should not be a further avenue for prolonging internal border controls; considers that these steps are to be made carefully in order not to inflict irreversible damage on the basic idea of free movement;deleted

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
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;

2018/03/14
Committee: LIBE

2017/2256(INI)