1093 Amendments of Rachida DATI
Amendment 21 #
2018/2044(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the security of one Member State is the security of all in the Union; whereas in the last two years the EU and the Member States have made progress in countering the threats posed by terrorism; whereas the same level of progress is not being achieved across all Member States, and whereas continued and sustained efforts are still awaited;
Amendment 33 #
2018/2044(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the national security and intelligence agencies of EU Member States and of some third countries cooperate very effectively through the Counter Terrorism Group (CTG) and on a bilateral and multilateral basis; whereas the EU has an established complex of structures dealing wholly or in part with terrorism, notably through Europol’s European Counter Terrorism Centre (ECTC), EU INTCEN and facilitated by the European Counter- Terrorism Coordinator;
Amendment 55 #
2018/2044(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas on 6 July 2017 the Parliament set up a temporary Special Committee on Terrorism (TERR) with the aim of providing Parliament’s view as to the practical and legislative gaps in the current counter-terrorism regime that have allowed the recent terrorist attacks in the EU to occur and making recommendations that would help tackle the terrorist threat at EU level;
Amendment 56 #
2018/2044(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas, in order to allow the Parliament to dedicate sufficient attention and the specific efforts necessary for contributing effectively and responding to the challenges posed by terrorism, a standing parliamentary committee responsible for internal security and terrorism should be set up within the Parliament; whereas the setting up of such a standing parliamentary committee will signal the Parliament’s engagement and understanding of the importance of the issues of internal security, international organised crime and terrorism, which are at the forefront of EU citizens’ concerns; whereas it will also reflect the significance of this issue for the Parliament and will mirror the institutional setup in other EU institutions and bodies, such as the creation of a Security Union Task Force and the appointment of a Commissioner for the Security Union within the Commission, the creation of a European Counter Terrorism Centre (ECTC) within Europol, as well as the existence of a Working Party on Terrorism within the Council;
Amendment 61 #
2018/2044(INI)
Motion for a resolution
Recital G
Recital G
G. whereas of 88 legally binding counter-terrorism measures proposed from September 2001 to summer 2013 only a quarter were subject to impact assessments and only three to public consultation1a; whereas this ratio has improved in recent years and the most recent initiatives presented by the Commission in 2017 and 2018 were accompanied by the necessary justification; whereas with the Agenda on Better Regulation adopted in 2015 the Commission has also strengthened its policy on stakeholder consultation; __________________ 1a Study on The European Union’s Policies on Counter-Terrorism: Relevance, Coherence and Effectiveness, commissioned by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs, PE 583.124, http://www.europarl.europa.eu/RegData/e tudes/STUD/2017/583124/IPOL_STU(201 7)583124_EN.pdf
Amendment 66 #
2018/2044(INI)
Motion for a resolution
Recital I
Recital I
I. whereas evaluation of counter- terrorism measures is vital for assessing their effectiveness and determining whether additional action is necessary to address the shortcomings; whereas a difference exists between monitoring the extent of implementation and the actual effectiveness of implemented measures; whereas between 2001 and 2016 there were 17 monitoring implementation and evaluation reports compared to 10 counter- terrorism strategies and 55 legislative and non-binding measures; whereas it is necessary for Member States to implement EU security laws quickly so that no loopholes emerge in the EU’s comprehensive body of counter-terrorism measures;
Amendment 128 #
2018/2044(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the return of foreign terrorist fighters (FTFs) and their families poses particular challenges in terms of security and radicalisation; whereas child returnees pose specific problems as they can be both victims and potential perpetrators, possibly disguised for years or decades, at the same time;
Amendment 163 #
2018/2044(INI)
Motion for a resolution
Recital T
Recital T
T. whereas new forms of terrorism may be used for an attack, among them cyber-terrorism and the use of weapons of mass destruction, possibly in connection with new technical equipment such as drones; whereas there is the precedent of a foiled attack involving the highly toxic biological agent ricin; whereas there are cases where Daesh has used or planned to use chemical, biological, radiological or nuclear (CBRN) materials, and shared via social media channels possible tactics and methods for attacks and targets;
Amendment 167 #
2018/2044(INI)
Motion for a resolution
Recital T a (new)
Recital T a (new)
T a. whereas multiple cases of trafficking of radiological or nuclear material are annually reported to the Incident and Trafficking database of the International Atomic Energy Agency (IAEA), emphasising the latent risk emanating from such substances, particularly with regard to the severity of their potential consequences;
Amendment 201 #
2018/2044(INI)
Motion for a resolution
Recital Z
Recital Z
Z. whereas several European funds and programmes can be used for projects countering and preventing radicalisation; whereas the EU budget up to 2020 allocates EUR 314 million for anti- radicalisation projects1a; whereas there is no continuous evaluation of the effectiveness of those programmes; __________________ 1a Speech by Commissioner Jourová, in charge of Justice, Consumers and Gender Equality, at the Conference on Radicalisation in Prisons, in Brussels, Borschette, 27.2.2018 http://europa.eu/rapid/press- release_SPEECH-18-1221_en.htm
Amendment 210 #
2018/2044(INI)
Motion for a resolution
Recital AA
Recital AA
AA. whereas it is estimated that there are between 50 000 and 70 000 radicalised jihadists in the EU;1a; __________________ 1a Jean Charles Brisard, Centre d’Analyse du Terrorisme, TERR meeting of 9 April 2018
Amendment 251 #
2018/2044(INI)
Motion for a resolution
Recital AG
Recital AG
AG. whereas in the European Internet Forum launched in 2015 companies cooperate to remove terrorist content from their websites on a voluntary basis; following repeated calls for better commitment to countering terrorism, major internet companies have faced up to their responsibilities; whereas in the European Internet Forum launched in 2015 companies cooperate to remove terrorist content from their websites on a voluntary basis; whereas a code of conduct for major IT companies was implemented in May 2016 with the aim of tackling illegal hate speech online; whereas this voluntary cooperation is nevertheless insufficient, and whereas the Commission and Member States have regularly been encouraged to implement a hard law that makes the companies criminally liable for the swift removal of terrorist content online;
Amendment 257 #
2018/2044(INI)
Motion for a resolution
Recital AH
Recital AH
AH. whereas Europol’s Internet Referral Unit (IRU) has made more than 50 000 referrals and on average 87 %1a of the content referred to companies by the IRU has been removed on the basis of voluntary consideration of the compatibility of the referred internet content with their own terms and conditions; __________________ 1a TERR hearing 24 April 2018, testimony by Mr Luigi Soreca, Director for Security, DG Home, European Commission
Amendment 260 #
2018/2044(INI)
Motion for a resolution
Recital AI
Recital AI
AI. whereas although majorsome progress has been made with regard to removal of online terrorist content, there is a need to scale up the companies’ engagement; whereas the removals are often not complete, removing the content from one website but leaving it on another belonging to the same company; whereas effective, quick and comprehensive reporting and content removal by companies has to be improved; whereas in the resolution of 25 November 2015, Parliament encouraged Member States to consider legal action, including criminal prosecutions, against internet and social media companies and service providers which refuse to comply with an administrative or judicial request to delete illegal content or content praising terrorism on their internet platforms, and declared that refusal or deliberate failure by internet platforms to cooperate, thus allowing such illegal content to circulate, should be considered an act of complicity that can be equated to criminal intent or neglect and that those responsible should in such cases be brought to justice;
Amendment 265 #
2018/2044(INI)
Motion for a resolution
Recital AI
Recital AI
AI. whereas although major progress has been made with regard to removal of online terrorist content, there is a need to scale up the companies’ engagement; whereas the removals are often not complete nor timely or permanent, removing the content from one website but leaving it on another belonging to the same company; whereas effective and comprehensive or allowing the account to remain live and/or reappear after it has posted content in violation of a company’s terms of service; whereas effective, comprehensive and transparent reporting by companies has to be improved;
Amendment 277 #
2018/2044(INI)
Motion for a resolution
Recital AJ
Recital AJ
AJ. whereas, in response to larger companies removing more content and doing so at a greater pace, Daesh is increasingly using new and/or smaller platforms which are less suited to fast removal of terrorist material; whereas this diversification to smaller platforms makes additional technical support essential to enable, for example, the introduction of platform-agnostic automated tools, such as the database of hasheshashing technology, which can identify online terrorist content with a high degree of accuracy as well as promulgating EU- wide standards for terms of service to be adopted across companies and by which EU Member States can judge a company’s performance in enforcing such standards;
Amendment 278 #
2018/2044(INI)
Motion for a resolution
Recital AJ
Recital AJ
AJ. whereas, in response to larger companies removing more content and doing so at a greater pace, Daesh is increasingly using new and/or smaller platforms which are less suited to fast removal of terrorist material; whereas this diversification to smaller platforms makes additional technical support essential to enable, for example, the introduction of platform-agnostic automated tools, such as the database of hashes which can identify online terrorist content with a high degree of accuracy; whereas the development of new technologies and access to artificial intelligence and algorithms may allow online terrorist content to be identified and reported swiftly;
Amendment 288 #
2018/2044(INI)
Motion for a resolution
Recital AK
Recital AK
AK. whereas prisons have become hothouses of extremism, incubating terrorists; whereas many of those serving prison sentences will soon be released back into their communities and there are few resources to monitor their activities; whereas prison conditions can play a significant role in heightening or lessening risks of radicalisation; whereas even though Member States recognise the need to address the rise in prison radicalisation, few effective measures have been implemented;
Amendment 294 #
2018/2044(INI)
Motion for a resolution
Recital AK a (new)
Recital AK a (new)
AKa. whereas it is essential to implement plans to follow-up former prisoners who have displayed traits of radicalisation during or before being imprisoned; whereas structures should be created to look after these people in an open institution after they are released from prison;
Amendment 307 #
2018/2044(INI)
Motion for a resolution
Recital AL
Recital AL
AL. whereas retention of data is an essential part of the investigative process; whereas police and, judicial authorities and intelligence services usually rely heavily on communications data to successfully proceed with their casework; whereas in order for interoperability of information systems to reach its full potential, harmonised data retention regimes across the EU are vital; whereas the necessity of an appropriate data retention regime when it comes to the fight against terrorism was consistently raised during the work of the TERR Committee;
Amendment 316 #
2018/2044(INI)
Motion for a resolution
Recital AM
Recital AM
AM. whereas the use of encryption by terrorists to protect their communications or stored data represents a considerable challenge for law enforcement and intelligence services, denying access to essential intelligence and evidence; whereas encryption becomes particularly critical when even the responsible online service providers are unwilling or unable to decrypt the communication;
Amendment 334 #
2018/2044(INI)
Motion for a resolution
Recital AR a (new)
Recital AR a (new)
ARa. whereas despite repeated calls to implement an EU system for recording passenger details (PNR), each Member State has not demonstrated commitment to this and the majority of them have not complied with the deadline for implementing this law; whereas Member States that miss this deadline should without any further delay undertake all necessary action to implement this directive in full with immediate effect;
Amendment 348 #
2018/2044(INI)
Motion for a resolution
Recital AV a (new)
Recital AV a (new)
AV a. whereas - in the context of the Information Management strategy (IMS), 6th Action list - there are currently two on-going pilot projects which aim at ensuring interlinking with decentralised systems, namely the ADEP project (Automation of data exchange processes on police records) and project QUEST (“Querying Europol Systems”); where-as such projects help provide real and workable solutions to the problems stemming from the lack of interconnectivity of decentralised information systems and help foster trust and cooperation between the Member States;
Amendment 382 #
2018/2044(INI)
Motion for a resolution
Recital BB a (new)
Recital BB a (new)
BB a. whereas in order to guarantee the CTG’s long-term public acceptance and rapprochement towards the EU security structure, there is a need to enhance its public visibility without limiting the privacy needed for effective intelligence cooperation;
Amendment 392 #
2018/2044(INI)
Motion for a resolution
Recital BD
Recital BD
BD. whereas efficient and systematic cooperation between the Member States and the EU agencies as well as among the agencies in the counter-terrorism field is imperative, especially cooperation between Europol and Eurojust in order to effectively detect, prevent, and investigate and prosecute the perpetrators of a terrorist attack; whereas Eurojust has appointed a specialised counter-terrorism prosecutor to make the bridge with the ECTC at Europol to increase cooperation and information exchange between the two agencies;
Amendment 400 #
2018/2044(INI)
Motion for a resolution
Recital BG
Recital BG
BG. whereas several EU instruments such as Decision 2005/671/JHA, the CT Directive and the Europol regulation require Member States to share information on terrorism with the relevant agencies; whereas increased information sharing with Europol and Eurojust on a regular basis and in a timely and systematic manner, including contextual information, facilitates their work in detecting links between cases and providing an overview of challenges and best practice related to investigations, prosecutions and convictions for terrorist offences; whereas information shared with Eurojust has increased over the past years, but differences continue to exist between the Member States in relation to the amount, type and scope of the information shared, which may result in fragmented information available1a; __________________ 1a While only 14 terrorism cases were referred to Eurojust in 2014, the number of cases dealt by Eurojust from 2014-2018 reached 263 with a total of 61 coordination meetings in 75 terrorism cases, 2 coordination centres and 14 cases with JITs supported by Eurojust
Amendment 403 #
2018/2044(INI)
Motion for a resolution
Recital BG a (new)
Recital BG a (new)
BG a. whereas the European Public Prosecutor’s Office, to be established on the basis of Council Regulation (EU) 2017/1339, shall have the important task of investigating and prosecuting criminal offences affecting the financial interests of the Union, its establishment and the allocation of financial resources to this new body should not negatively impact the abilities of existing structures, such as Eurojust, to facilitate the efforts of the Member States in the fight against terrorism;
Amendment 405 #
2018/2044(INI)
Motion for a resolution
Recital BG b (new)
Recital BG b (new)
BG b. whereas CEPOL substantially contributes to CT training for law enforcement officials of the Member States and in priority third countries;
Amendment 410 #
2018/2044(INI)
Motion for a resolution
Recital BJ
Recital BJ
BJ. whereas joint investigation teams (JITs) facilitate the coordination of investigations and prosecutions in cases with a cross-border dimension and allow for real-time exchange of information/evidence; whereas the practical benefits resulting from the use of JITs include improved information exchange, exchange of best practices, enhanced collection of evidence and mutual recognition of the actions carried out by the parties; whereas JITs require appropriate funding to work effectively;
Amendment 415 #
2018/2044(INI)
Motion for a resolution
Recital BK
Recital BK
BK. whereas close cooperation withby online service providers (OSPs) is necessary when it comes to securing and obtaining electronic evidence, given its importance for investigating terrorist offences;
Amendment 416 #
2018/2044(INI)
Motion for a resolution
Recital BK a (new)
Recital BK a (new)
BKa. whereas a European Public Prosecutor’s Office with jurisdiction extended to encompass combating organised crime and terrorism would be an effective and essential tool in reinforcing judicial cooperation in Europe;
Amendment 419 #
2018/2044(INI)
Motion for a resolution
Recital BL
Recital BL
BL. whereas the Schengen area without internal borders is only sustainable if the external borders are effectively secured and protected and internal security measures are adopted to face the risk of serious crimes; whereas many proposals have been adopted in order to strengthen security checks at the external borders; whereas it is nonetheless necessary to offer Member States more flexibility regarding the temporary reintroduction of checks at internal borders in the event of a serious threat to public order or public security, as proposed by the Commission;
Amendment 454 #
2018/2044(INI)
Motion for a resolution
Recital BS
Recital BS
BS. whereas battlefield evidence is often essential to identify potential foreign terrorist fighters and needs to be included in the relevant databases in order to reach border guards in real time and to be shared with investigators and prosecutors for investigations and prosecutions;
Amendment 492 #
2018/2044(INI)
Motion for a resolution
Recital BX
Recital BX
BX. whereas the Terrorist Finance Tracking Programme (TFTP) is a useful tool for counter- terrorist financing; whereas it does not allow tracing terrorist financing activities using SEPA transactions, which leads to a significant information gap; whereas a TFTS system complementary to the existing TFTP Agreement would enhance the EU’s capacity to prevent and investigate terrorist attacks by providing key additional information on terrorist financing activities and would be more efficient and effective than pursuing financial information concerning suspicious transactions through bilateral or multilateral information and/or legal assistance requests; whereas Parliament has on several occasions called for the introduction of such a system, including in its resolution of 25 November 2015 on the prevention of radicalisation and recruitment of European citizens by terrorist organisations;
Amendment 499 #
2018/2044(INI)
Motion for a resolution
Recital CB
Recital CB
CB. whereas the Commission Comprehensive Assessment of EU Security Policy and the evaluation study of Directive 2008/114/EC indicate that: the threat to critical infrastructures is likely to continue to rise, that there is a need to enhance preparation and response capabilities and to revise Directive 2008/114/EC, and that there is an interest in targeting transport infrastructures; whereas a better framework is needed to improve rail security and to address the issue of protection of public areas of transport infrastructures, such as airports and, ports and maritime transport, as well as railway stations;
Amendment 500 #
2018/2044(INI)
Motion for a resolution
Recital CB a (new)
Recital CB a (new)
CBa. whereas attacks on critical infrastructure such as nuclear power stations would have catastrophic consequences; whereas Member States must ensure adequate, fail-safe protection of these facilities;
Amendment 514 #
2018/2044(INI)
Motion for a resolution
Recital CH a (new)
Recital CH a (new)
CH a. whereas vehicle rental companies lack the ability to exchange information such as booking or reservation data with law enforcement agencies for the purpose of cross-checks against official watch-lists and police databases;
Amendment 515 #
2018/2044(INI)
Motion for a resolution
Recital CI
Recital CI
CI. whereas in 2015 and 2016, explosives were used in 40 % of the terrorist attacks committed in the EU;1a; __________________ 1a Europol TeSat 2017, p. 10
Amendment 517 #
2018/2044(INI)
Motion for a resolution
Recital CJ
Recital CJ
CJ. whereas the explosive used in most of the attacks was triacetone triperoxide (TATP)1a, a home-made explosive that remains the explosive of choice for terrorists; whereas TATP can be quite easily manufactured using only a few substances; __________________ 1a Europol TeSat 2017, p. 15
Amendment 527 #
2018/2044(INI)
Motion for a resolution
Recital CP
Recital CP
CP. whereas according to Europol’s Te- Sat 2018 report, firearms were used in 41 % of all attacks, a slight increase compared to 2016 (38 %);1a; __________________ 1a Europol TeSat 2018, p. 9
Amendment 545 #
2018/2044(INI)
Motion for a resolution
Recital CV
Recital CV
CV. whereas all North African countries have been confronted with major terrorist actions and remain prime targets; whereas these countries may suffer from the return of foreign fighters, considering the large number of jihadists from this region; whereas strong partnerships with these key third countries and information exchange make it possible to thwart attacks and dismantle terrorist networks;
Amendment 554 #
2018/2044(INI)
Motion for a resolution
Recital CW a (new)
Recital CW a (new)
CWa. whereas it is vital for the European Union to maintain strong cooperation with all third country partners in counter-terrorism; whereas dialogue about the measures and actions undertaken to combat terrorism and terrorist funding and prevent radicalisation must be maintained, particularly with the Gulf countries; whereas interparliamentary cooperation with these key third countries is one of the tools that should be strengthened;
Amendment 557 #
2018/2044(INI)
Motion for a resolution
Recital CX
Recital CX
CX. whereas the EU is cooperating with third countries in the area of counter- terrorism in a variety of ways; whereas a number of EU instruments can be used to finance CT programmes abroad; whereas the EU has deployed a network of CT experts within EU delegations; whereas EU agencies such as Europol are also cooperating with third countries in the area of counter-terrorism, through strategic and operational agreements for example; whereas the number of these agreements needs to be increased to strengthen international cooperation on counter- terrorism;
Amendment 558 #
2018/2044(INI)
Motion for a resolution
Recital CX
Recital CX
CX. whereas the EU is cooperating with third countries in the area of counter- terrorism in a variety of ways; whereas a number of EU instruments can be used to finance CT programmes abroad; whereas the EU has deployed a network of CT experts within EU delegations; whereas EU agencies such as Europol, Eurojust and CEPOL are also cooperating with third countries in the area of counter-terrorism, through strategic and operational agreements for example;
Amendment 592 #
2018/2044(INI)
Motion for a resolution
Recital DE a (new)
Recital DE a (new)
DE a. whereas Eurojust has been facilitating the execution of MLA requests for coordinating and granting assistance in the exercise of rights of victims of terrorism, considering the different rights and roles of foreign victims in their national legal systems;
Amendment 628 #
2018/2044(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates that while Member States remain first in line to respond to and prevent threats, a clear need exists to fully recognise the Security Union’s role in supporting them, providing common solutions and adding value; whereas, in an area without internal borders, European action is vital in ensuring a high level of security across European territory;
Amendment 640 #
2018/2044(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that, at this stage, the EU and the Member States should improve cooperation through existing European agencies, specialised EU services and Member States’ security and justice institutions;
Amendment 644 #
2018/2044(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of the exchange of good practice between Member States within the European Union, as well as with third countries; welcomes the initiatives taken by some Member States, as well as at the local level by some cities, and also by private operators, to identify effective counter- terrorism tools;
Amendment 654 #
2018/2044(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls for the setting up within the European Parliament of a standing parliamentary committee responsible for matters relating to internal security and terrorism and dealing with particularly sensitive information;
Amendment 664 #
2018/2044(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on Member States and the Commission to further strengthen and support the ATLAS network of civilian anti-terror special operation units of the EU Member States;
Amendment 674 #
2018/2044(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to monitor all foreign terrorist fighters; calls for an effective and appropriate follow-up of the threat posed by returnees, and for this purpose invites Member States to share contextual information about returnees via Europol; calls on the Commission to assist Member States in the establishment of aligned classification systems in order to distinguish between high, medium and low-risk returnees; considers it vital to set up de-indoctrination and de-radicalisation centres to take in foreign fighters when they return to European territory, as well as radicalised individuals who are on European territory; calls on the Member States to ensure that any foreign fighters are placed under judicial control and, where necessary, in administrative detention upon their return to Europe, until such time as due court proceedings are initiated;
Amendment 679 #
2018/2044(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to monitor all foreign terrorist fighters; calls for an effective and appropriate follow-up of the threat posed by returnees, and for this purpose invites Member States to share contextual information about returnees via Europol and intelligence assessments on that topic with EU INTCEN; calls on the Commission to assist Member States in the establishment of aligned classification systems in order to distinguish between high, medium and low-risk returnees;
Amendment 688 #
2018/2044(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends to the Member States that they start building appropriate structures to respond to child returnees, and in particular the development of expertise, including that of experienced professionals, in the areas of trauma, extremism, child development, education and risk assessment and tailored to the local and national context, as well as clear legal and organisational structures for dealing with this phenomenon; encourages Member States to cooperate with the ICRC as they possess particular access and expertise in this field;
Amendment 702 #
2018/2044(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on Member States and the Commission to establish regional – if applicable cross-border – stockpiling centres to ensure comprehensive availability of medical countermeasures including vaccines following the dual-use principle, and to use the Joint Procurement Mechanism to avoid parallel uncoordinated efforts;
Amendment 703 #
2018/2044(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls on Member States to create or strengthen specialised laboratories; asks the Commission and Parliament to fund and support relevant cross-border research activities;
Amendment 706 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Urges the Commission and the Member States to set common standards for vetting procedures at vulnerable institutions such as nuclear power plants or specialised laboratories;
Amendment 708 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Encourages Member States to make more use of technical detection systems of CBRN substances particularly at large-scale public events and calls on the Commission and the European Parliament to make further European funding available for comprehensive acquisitions of such systems;
Amendment 709 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Welcomes the approval of a regulation on civil aviation safety and the mandate of the European Aviation Safety Agency (EASA) and repealing Regulation (EC) No 216/2008; calls on the Commission to take into account security aspects for forthcoming delegated and implementing rules on drones and drones operations, including regularly updated risk assessments; mandatory registration, electronic identification and geofencing in all drones categories; and mandatory security licenses and trainings for operators of security and inspection missions;
Amendment 711 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9 d. Notes the increased cyber threat and underlines the importance to step up cyber security efforts also in the CT field;
Amendment 720 #
2018/2044(INI)
Motion for a resolution
Paragraph 10
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;
Amendment 770 #
2018/2044(INI)
Motion for a resolution
Paragraph 14 a (new)
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;
Amendment 796 #
2018/2044(INI)
Motion for a resolution
Paragraph 16
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;
Amendment 840 #
2018/2044(INI)
Motion for a resolution
Paragraph 21
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;
Amendment 884 #
2018/2044(INI)
Motion for a resolution
Paragraph 26
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;
Amendment 909 #
2018/2044(INI)
Motion for a resolution
Paragraph 27
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;
Amendment 917 #
2018/2044(INI)
Motion for a resolution
Paragraph 27 a (new)
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;
Amendment 921 #
2018/2044(INI)
Motion for a resolution
Paragraph 28
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;
Amendment 926 #
2018/2044(INI)
Motion for a resolution
Paragraph 28 a (new)
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;
Amendment 934 #
2018/2044(INI)
Motion for a resolution
Paragraph 29
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;
Amendment 943 #
2018/2044(INI)
Motion for a resolution
Paragraph 29 a (new)
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;
Amendment 944 #
2018/2044(INI)
Motion for a resolution
Paragraph 29 a (new)
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);
Amendment 947 #
2018/2044(INI)
Motion for a resolution
Paragraph 29 b (new)
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;
Amendment 948 #
2018/2044(INI)
Motion for a resolution
Paragraph 29 b (new)
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;
Amendment 951 #
2018/2044(INI)
Motion for a resolution
Paragraph 29 c (new)
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;
Amendment 952 #
2018/2044(INI)
Motion for a resolution
Paragraph 29 d (new)
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;
Amendment 953 #
2018/2044(INI)
Motion for a resolution
Paragraph 29 e (new)
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;
Amendment 978 #
2018/2044(INI)
Motion for a resolution
Paragraph 33
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;
Amendment 988 #
2018/2044(INI)
Motion for a resolution
Paragraph 34
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;
Amendment 1016 #
2018/2044(INI)
Motion for a resolution
Paragraph 39 a (new)
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;
Amendment 1031 #
2018/2044(INI)
Motion for a resolution
Paragraph 42
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;
Amendment 1067 #
2018/2044(INI)
Motion for a resolution
Paragraph 48 a (new)
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;
Amendment 1078 #
2018/2044(INI)
Motion for a resolution
Paragraph 51 a (new)
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.
Amendment 1110 #
2018/2044(INI)
Motion for a resolution
Paragraph 56
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;
Amendment 1113 #
2018/2044(INI)
Motion for a resolution
Paragraph 56 a (new)
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;
Amendment 1164 #
2018/2044(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Calls for the creation of a comprehensive case-management system at Eurojust for all CT-related matters, comparable toin order to fulfil its tasks at judicial level in close cooperation with ECTC at Europol;
Amendment 1176 #
2018/2044(INI)
Motion for a resolution
Paragraph 67 b (new)
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;
Amendment 1181 #
2018/2044(INI)
Motion for a resolution
Paragraph 70
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;
Amendment 1196 #
2018/2044(INI)
Motion for a resolution
Paragraph 72
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;
Amendment 1199 #
2018/2044(INI)
Motion for a resolution
Paragraph 72 a (new)
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;
Amendment 1238 #
2018/2044(INI)
Motion for a resolution
Paragraph 79 a (new)
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
Amendment 1257 #
2018/2044(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Calls on the Member States, FrontexEBCGA 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;
Amendment 1263 #
2018/2044(INI)
Motion for a resolution
Paragraph 86
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;
Amendment 1315 #
2018/2044(INI)
Motion for a resolution
Paragraph 96 a (new)
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;
Amendment 1317 #
2018/2044(INI)
Motion for a resolution
Paragraph 96 b (new)
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;
Amendment 1318 #
2018/2044(INI)
Motion for a resolution
Paragraph 96 c (new)
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
Amendment 1320 #
2018/2044(INI)
Motion for a resolution
Paragraph 97
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;
Amendment 1345 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 a (new)
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;
Amendment 1366 #
2018/2044(INI)
Motion for a resolution
Paragraph 107 a (new)
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;
Amendment 1377 #
2018/2044(INI)
Motion for a resolution
Paragraph 110
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 flagwithout granting them any kind of access;
Amendment 1411 #
2018/2044(INI)
Motion for a resolution
Paragraph 122
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;
Amendment 1497 #
2018/2044(INI)
Motion for a resolution
Paragraph 136
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;
Amendment 87 #
2018/0331(COD)
Proposal for a regulation
Recital 8
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.
Amendment 93 #
2018/0331(COD)
Proposal for a regulation
Recital 9
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).
Amendment 103 #
2018/0331(COD)
Proposal for a regulation
Recital 10
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 third partiese 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 third parties and webse 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 reviewson 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.
Amendment 123 #
2018/0331(COD)
Proposal for a regulation
Recital 13
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.
Amendment 129 #
2018/0331(COD)
Proposal for a regulation
Recital 13 a (new)
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.
Amendment 137 #
2018/0331(COD)
Proposal for a regulation
Recital 15
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).
Amendment 144 #
2018/0331(COD)
Proposal for a regulation
Recital 16
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.
Amendment 160 #
2018/0331(COD)
Proposal for a regulation
Recital 18
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).
Amendment 169 #
2018/0331(COD)
Proposal for a regulation
Recital 19
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.
Amendment 186 #
2018/0331(COD)
Proposal for a regulation
Recital 24
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.
Amendment 200 #
2018/0331(COD)
Proposal for a regulation
Recital 27
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 whenbefore 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.
Amendment 213 #
2018/0331(COD)
Proposal for a regulation
Recital 30
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 makeare 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.
Amendment 219 #
2018/0331(COD)
Proposal for a regulation
Recital 33
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.
Amendment 234 #
2018/0331(COD)
Proposal for a regulation
Recital 37 a (new)
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.
Amendment 237 #
2018/0331(COD)
Proposal for a regulation
Recital 38
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.
Amendment 292 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
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 third partiese public;
Amendment 301 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'terrorist offences' means offencesintentional 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; ;
Amendment 308 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part
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:
Amendment 318 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
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 actsoffences may be committed;
Amendment 326 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
(b) encouraging thesoliciting persons or a group of persons to commit or to contributione to terrorist offences;
Amendment 332 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
(c) promoting the activities of a terrorist group, in particular by encouraging thesoliciting persons or a group of persons to participatione in or support tohe criminal activities of a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541;
Amendment 339 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point d
Article 2 – paragraph 1 – point 5 – point d
(d) instructingproviding 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.
Amendment 347 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘dissemination of terrorist content’ means making terrorist content available to third partiese public on the hosting service providers’ services;
Amendment 431 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 7
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, explainingreport 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.
Amendment 466 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Hosting service providers shall, where appropriateproportionate 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.
Amendment 511 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 4
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).
Amendment 517 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 5
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.
Amendment 616 #
2018/0331(COD)
Proposal for a regulation
Article 13 – title
Article 13 – title
13 Cooperation between hosting service providers, competent authorities and where appropriate relevacompetent Union bodies
Amendment 619 #
2018/0331(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Competent authorities in Member States shall inform, coordinate and cooperate with each other and, where appropriate, with relevacompetent 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.
Amendment 626 #
2018/0331(COD)
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
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 relevacompetent Union bodies such as Europol, to facilitate in particular:
Amendment 637 #
2018/0331(COD)
Proposal for a regulation
Article 14 – paragraph 1
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.
Amendment 678 #
2018/0331(COD)
Proposal for a regulation
Article 17 – paragraph 2
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.
Amendment 708 #
2018/0331(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point e a (new)
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.
Amendment 711 #
2018/0331(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point e b (new)
Article 18 – paragraph 3 – point e b (new)
(eb) the economic and technical capacity of the hosting service providers.
Amendment 714 #
2018/0331(COD)
Proposal for a regulation
Article 18 – paragraph 4 a (new)
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.
Amendment 726 #
2018/0331(COD)
Proposal for a regulation
Article 23 – paragraph 1
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.
Amendment 752 #
2018/0331(COD)
Proposal for a regulation
Annex III – section B – point i – paragraph 3 – indent 1 (new)
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
Amendment 164 #
2018/0329(COD)
Proposal for a directive
Recital 13
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 whereMember States should ensure that those third-country nationals in respect of whom it has been assessed that third- country nationalsey pose a risk of absconding, who have had a previous application for legal stay dismissed as fraudulent or manifestly unfounded, or theywho 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.
Amendment 175 #
2018/0329(COD)
Proposal for a directive
Recital 15 a (new)
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.
Amendment 181 #
2018/0329(COD)
Proposal for a directive
Recital 16
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 fiveten 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.
Amendment 192 #
2018/0329(COD)
Proposal for a directive
Recital 18
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.
Amendment 223 #
2018/0329(COD)
Proposal for a directive
Recital 28
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.
Amendment 231 #
2018/0329(COD)
Proposal for a directive
Recital 29
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 sixtwelve 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.
Amendment 238 #
2018/0329(COD)
Proposal for a directive
Recital 30
Recital 30
(30) This Directive should not precludeencourages Member States fromto laying 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.
Amendment 251 #
2018/0329(COD)
Proposal for a directive
Recital 33
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 shouldmay 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.
Amendment 270 #
2018/0329(COD)
Proposal for a directive
Recital 38
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.
Amendment 362 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point p a (new)
Article 6 – paragraph 1 – point p a (new)
(pa) risk to public policy, public security or national security.
Amendment 371 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
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.
Amendment 426 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1
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.
Amendment 460 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point c – subparagraph 1 (new)
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.
Amendment 463 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point c b (new)
Article 9 – paragraph 4 – point c b (new)
(cb) Where the third-country nationals has been convicted for benefit fraud by using multiple identities.
Amendment 468 #
2018/0329(COD)
Proposal for a directive
Article 10 – paragraph 1
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.
Amendment 531 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3 a (new)
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.
Amendment 640 #
2018/0329(COD)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Return decisions issued in returnIn 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].
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 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 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 5 #
2017/2083(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the links that exist between security and development, a principle reaffirmed in the Council's conclusions of May 2014 on the EU's comprehensive approach;observes that the climate of insecurity linked to the conflicts raging in Africa, as well as organised transnational crime and terrorism, is detracting from good governance in many African countries;considers that Africa can be developed only with democratic and transparent State structures which are completely resistant to corruption and act in the service of Africa's people;reaffirms, in this context, the need, in post-conflict situations, to link development aid to support for reforms to the security and justice systems;
Amendment 9 #
2017/2083(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers Africa to be a key partner on the international scene, and takes the view that the European Union should step up its cooperation with that continent, empowering its African partners on the basis of mutual confidence;opposes the unconditional provision of European aid;considers that the disbursement of such aid ought to be conditional on third countries' compliance with a readmission agreement which genuinely enables those of their nationals whose status is irregular to return;
Amendment 10 #
2017/2083(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recognises the disparities in development among the various countries in Africa;encourages the European Union to cooperate with strategic partners and leading countries which, politically, economically and socially, can create in Africa a climate conducive to growth and development, particularly by means of bilateral agreements and regional strategies, thus making it possible to combat the underlying causes of migration between Africa and Europe;
Amendment 11 #
2017/2083(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Considers that, while the EU- Africa partnership should be a central element in our development aid policies and in action taken in Africa, it is the African countries and their leaders that remain primarily responsible for the future of their own continent;considers therefore that the European Union should support efforts by African leaders to promote a stable and prosperous environment in Africa and cooperation based on our shared interests in peace, security and good governance;
Amendment 13 #
2017/2083(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that migration and mobility within Africa and between Africa and the EU are beneficial to both continents, and that a holistic approach to migration and mobility is paramount for boosting sustainable development, promoting democracy, the rule of law, good governance and human rights; encourages the Commission to develop new mobility and migration partnerships with African partner countries;
Amendment 28 #
2017/2083(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises that violent conflicts, persecution, inequality, terrorism, repressive regimes, natural disasters and chronic poverty have led to increased mobilitymass population movements and a great increase in migration to Europe in recent years; stresses that refugees and migrants have the same universal human rights and fundamental freedoms;
Amendment 33 #
2017/2083(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates the importance of addressing the root causes of large movements of refugees and migrantsby combating corruption, organised crime and terrorist organisations which destabilise many countries in Africa and create an environment that is not particularly favourable to growth, employment and investment;
Amendment 38 #
2017/2083(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that terrorism is an international phenomenon which has major security implications both in Africa and in Europe;calls on the European Union and Africa to intensify their cooperation and promote exchanges of information between the partner countries to combat terrorism, in order to dismantle terrorist networks and apprehend dangerous and/or wanted individuals;
Amendment 40 #
2017/2083(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls that terrorism, organised crime, money laundering, drugs trafficking and trafficking in wild animal species, as well as piracy, have an undeniable impact on development policies in Africa;considers the EU-Africa partnership to be a vital tool in efforts to combat terrorist financing;calls for a joint effort to improve the transparency and traceability of international financial flows;
Amendment 41 #
2017/2083(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Expresses its concern about the growing radicalisation of young people in Africa and Europe and the threat to international security arising from that phenomenon;calls upon each State to establish national policies for the prevention of radicalisation;encourages cooperation and exchanges of good practice to prevent radicalisation, and deradicalisation policies;recalls that departures to join terrorist organisations occur on all continents and that only increased international cooperation will make it possible to detect effectively the movements of these 'foreign fighters';
Amendment 57 #
2017/2083(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for effective, strengthened and systematic cooperation with countries of origin, transit and destination, including a strong and real resettlement policy and financial investigation, in the fight against trafficking and smuggling of human being, in the fight against trafficking in migrants and trafficking and smuggling of human beings; recalls, in this context, that effective policies are needed to reinforce borders;
Amendment 61 #
2017/2083(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the European Union and African countries to step up their cooperation and the efforts to put an end to trafficking by people smugglers operating between the two continents;calls for reflection on the means available to facilitate consideration within African territory of applications for asylum in Europe in order to prevent deadly sea crossings of the Mediterranean;
Amendment 67 #
2017/2083(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recognises the strategic potential of the African diasporas worldwide in terms of both financial remittances and non- financial values, as regards capacity to build and promote peace, democracy, good governance and social stability; draws attention to the importance of engaging with those diasporas so as to ensure that development aid is effective and targeted at real needs, and to promote local ownership of development policies;
Amendment 79 #
2017/2083(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Recommends further efforts to implement the Valletta Action Plan for humane and sustainable management of migration on both sides of the Mediterranean.;recalls the importance of initiatives to increase dialogue and cooperation relating to migration issues, such as the 'Rabat process' and 'Khartoum process';
Amendment 116 #
2017/2068(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores that cyber-attacks against businesses often remain undetected or unreported; believes that the obligation to disclose security breaches introduced by the GDPRand to share information on risks introduced by the GDPR and the NIS directive will help to address this problem;
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 181 #
2017/2068(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Member States to step up information exchanges through the relevant agencies Eurojust, Europol and ENISA on the challenges they face in the fight against cybercrime, as well as on solutions to address them;
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 199 #
2017/2068(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to launch awareness-raising and prevention campaigns to ensure that citizens, in particular children and other vulnerable users, and the private sector are aware of the risks posed by cybercrime, and to promote the use of security measures such as encryption;
Amendment 246 #
2017/2068(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. In light of the serious harmful impacts Carrier Grade NAT (CGN) technologies have on society in terms of online accountability, jeopardising security and curtailing innovation, calls upon Member States to urge Internet Access Providers and network operators operating on their territory, to take the necessary measures to phase out the use of CGN technologies and to make the necessary investments to adopt the next generation of Internet Protocol addresses version 6 (IPv6) as a matter of urgency. Similarly, Internet Content Providers are requested to make all their services available to IPv6 as soon as possible. Calls upon the Commission to monitor the progress made and if necessary, put forward legislative measures to ensure a comprehensive adoption of IPv6 across the EU.
Amendment 287 #
2017/2068(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines that illegal online content should be removed immediately; welcomes, in this context, the progress achieved concerning the blocking and removal of illegal content online, but stresses the need for a stronger commitment on the part of platform service providers to respond quickly and effectively; calls on the Member States to hold platforms which do not take the steps needed to remove illegal content online criminally liable;
Amendment 303 #
2017/2068(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is concerned that a considerable number of cybercrimes remain unpunished due to e.g. the adoption of technologies such as CGN by the Internet industry which prevent the attribution of crime online; emphasises the need to allow lawful access to relevant information, even if it has been encrypted, if such access is imperative for reasons of security and justice;
Amendment 405 #
2017/2068(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Regrets the fact that there is no binding international law on cybercrime and urges the Member States and the European Institutions to work towards the agreement of such a convention;
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 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 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 106 #
2017/0245(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Council, taking account of the Commission's opinion, may recommend 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 as 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 125 #
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 3
Article 25 – paragraph 3
3. If the serious threat to public policy or internal security in the Member State concerned persists beyond the period provided for in paragraph 1 of this Article, that Member State may prolong border control at its internal borders, taking account of the criteria referred to in Article 26 and in accordance with Article 27, on the same grounds as those referred to in paragraph 1 of this Article and, taking into account any new elements, for renewable periods corresponding to the foreseeable duration of the serious threat and not exceeding six months.
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 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 202 #
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 threfive 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.
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 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 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 232 #
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 privacy. 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 enabling 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. Consent should also not be necessary if the information processed or stored is necessary to protect privacy, security or safety of the end-user, or to protect confidentiality, integrity, availability and authenticity of the terminal equipment. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic to a website. 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. As an exemption from obtaining end-user´s consent, the processing of information and data that are or are rendered pseudonymous or anonymous should be allowed or for purposes other than those for which they were initially collected in cases where the processing is compatible and is subject to specific safeguards, especially pseudonymisation as set forth in point (4) of Article 6 of Regulation (EU) 2016/679, as well as if it is necessary in accordance with Article 6 (1) (f) of Regulation (EU) 2016/679 for the purpose of legitimate interest, provided that the data protection impact assessment was carried out, as prescribed in Article 35 of Regulation (EU) 2016/679. Adherence to the data protection certification mechanisms, seals or marks, as defined respectively in Article 40 and Article 42 of Regulation (EU) 2016/679, shall be encouraged and promoted, especially to demonstrate compliance with the Regulation in case of exceptions concerning compatible processing and legitimate interests as described above.
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 407 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
For the implementation of the previous paragraph, providers of electronic communications networks and services shall take technical and organisational measures as defined in Article 32 of Regulation (EU) 2016/679.Additionally, to protect the integrity of terminal equipment and the safety, security and privacy of users, providers or electronic communications networks and services shall take appropriate measures based on the risk and on the state of the art reasonably to prevent the distribution through their networks or services of malicious software is referred to in Article 7 Sub-Paragraph (a) of Directive 2013/40/EU.
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 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 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 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 30 #
2016/0414(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Money laundering and the associated financing of terrorism and organised crime remain significant problems at the Union level, thus damaging the integrity, stability and reputation of the financial sector and threatening the internal security and the internal market of the Union, public safety and the individual safety of EU citizens. In order to tackle those problems and also reinforce the application of Directive 2015/849/EU34 , this Directive aims to tackle money laundering by means of criminal law, allowing for betmore efficient and swifter cross- border cooperation between competent authorities. _________________ 34 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p.73).
Amendment 45 #
2016/0414(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Tax crimes relating to direct and indirect taxes should be included in the definition of criminal activity, in line with the revised FATF Recommendations. Given that different tax offences may in each Member State constitute a criminal activity punishable by means of the sanctions referred to in this Directive, definitions of tax crimes may diverge in national law. However no harmonisation of, it is not in the scope of this directive to harmonise the definitions of tax crimes in Member States’ national law is sought.
Amendment 62 #
2016/0414(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This Directive aims to criminalise money laundering when committed intentionally. Intention and knowledge may be inferred from objective, factual circumstances. As this Directive provides for minimum rules, Member States are free to adopt or maintain more stringent criminal law rules for money laundering. Member States may, for example,should also provide that money laundering committed recklessly or by serious negligence constitutes a criminal offence.
Amendment 95 #
2016/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point q a (new)
Article 2 – paragraph 1 – point 1 – point q a (new)
(qa) tax crimes relating to direct taxes and indirect taxes as clearly defined in the national law of the Member States;
Amendment 102 #
2016/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point v
Article 2 – paragraph 1 – point 1 – point v
(v) all offences, including tax crimes relating to direct taxes and indirect taxes as defined in the national law of the Member States, which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or, as regards Member States that have a minimum threshold for offences in their legal system, all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months;
Amendment 104 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Each Member State shall ensure that the following conduct shall be a punishable criminal offence, when committed intentionally or by gross negligence:
Amendment 109 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the acquisition, possession or use of property, knowing at the time of receipt or of its use, that such property was derived from criminal activity or from an act of participation in such an activity.
Amendment 187 #
2016/0414(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9 a Jurisdiction of more than one Member State Where an offence falls within the jurisdiction of more than one Member State and can be prosecuted in more than one of those Member States, on the basis of the same facts, those Member States shall cooperate in order to decide which of them is to have jurisdiction with the aim, if possible, of centralising proceedings in that Member State. To that end, those Member States may refer to Eurojust in order to facilitate a cooperation between their judicial authorities and to coordinate their action in a swift and effective manner. Member States referred to in the first paragraph shall include: (a) the Member State in the territory where the offence was committed; (b) the Member State where the offender is a national or resident; (c) the Member State where the property was derived from; (d) the Member State in the territory where the offender was arrested.
Amendment 189 #
2016/0414(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Investigative tools and confiscation measures
Amendment 200 #
2016/0414(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10 a Freezing and Confiscation 1. Member States shall take the necessary measures to ensure that their competent authorities freeze or confiscate, as appropriate, property derived from and instrumentalities used or intended to be used in the commission or contribution to the commission of any of the offences referred to in this Directive, in accordance with Directive 2014/42/EU of the European Parliament and of the Council; 2. In a case where the property referred to in Article 3, paragraph 1, is located in more than one Member State, Member States’ authorities shall cooperate and, where appropriate, may refer to Eurojust and Europol for a swift and effective cooperation.
Amendment 205 #
2016/0414(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [2418 months after adoption] at the latest. They shall immediately communicate the text of those provisions to the Commission.
Amendment 206 #
2016/0414(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
The Commission shall, by [2418 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures to comply with this Directive.
Amendment 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 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 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 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 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 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 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 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 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 358 #
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 Regulation 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 Regulation sets out an EU common list of safe countries of origin. This list will increase the efficiency of the asylum systems of the Member States as regards applications for international protection that are liable to be unfounded, and will remedy certain discrepancies between Member States’ national lists of safe countries of origin.
Amendment 368 #
2016/0224(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) As regards the designation of safe third countries at Union level, this Regulation 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 Regulation 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, the EU Agency for Asylum and relevant stakeholders.
Amendment 373 #
2016/0224(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) The establishment of an EU common list of safe countries of origin and an EU common list for safe third countries should address some of the existing divergences between Member States’ national lists of safe countries. While Member States should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those designated as safe third countries at Union level or appearing on the EU common list as safe countries of origin, the establishment of such common designation or list should ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on the common list or who have a connection with a safe third country. This should facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection. For that reason, the possibility of using national lists or designations should come to an end within a period of five years from entry into force of this Regulation. During that harmonising period, 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 suspended or deleted from the EU common list must not be considered a safe country of origin at national level.
Amendment 377 #
2016/0224(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48a) With a view to harmonisation of national lists of safe countries of origin, the Commission shall regularly examine the situation in third states so as to make sure that the common list of safe countries of origin is comprehensive and effective. Where necessary, the Commission should then draw up a proposal to extend the EU common list of safe countries of origin. The Member States must also be able to submit proposals to the Commission with a view to adding third countries to that common list of safe countries of origin. The Commission should then examine these proposals within six months in the light of a set of information sources at its disposal and, where appropriate, make a proposal to extend the common list of safe countries of origin. 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 effective readmission agreements that must be complied with fully in order for EU aid to be sent to those countries.
Amendment 381 #
2016/0224(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The Commission, assisted by the European Union Agency for Asylum, should regularly review the situation in third countries designated as safe third countries at Union level or that are on the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of such a third country, the Commission should be able to suspend 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 limited period of time by means of a delegated act in accordance with Article 290 of the Treaty on the Functioning of the European Union. Moreover, in this case, the Commission should propose an amendment for the third country not to be designated as a safe third country at Union level any longer or to remove that third country from the EU common list of safe country of origin within 3 months of the adoption of the delegated act suspending the third country. If no such amendment has been submitted within that time limit, the delegated act should cease to have effect.
Amendment 394 #
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 Regulation 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 mayshould 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 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 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 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 1455 #
2016/0224(COD)
Proposal for a regulation
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
1a. The Commission shall regularly examine the situation in third countries and the possibility of proposing to add them to the EU common list of safe countries of origin. If appropriate, the Commission shall draw up a proposal to enlarge the common EU list of safe countries of origin after a substantiated assessment of whether countries to be added to the list fulfil the criteria set in Article 47 of this Regulation.
Amendment 1456 #
2016/0224(COD)
Proposal for a regulation
Article 48 – paragraph 1 b (new)
Article 48 – paragraph 1 b (new)
1b. The Member States may propose to add third countries to the common list of safe countries of origin to Annex 1 to this Regulation. The Commission shall then examine these proposals within six months in the light of a set of information sources at its disposal and, when appropriate, it shall make a proposal for the amendment of Annex 1 to this Regulation.
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 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 483 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Agency shall inform the Commission and the European Parliament on a regular basis of the implementation of the action plan.
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 227 #
2016/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In the fight against terrorist offences and other serious criminal offences, it is imperative that law enforcement authorities have the most up- to-date information if they are to perform their tasks. Access to VIS data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related to human being trafficking, terrorism or drug trafficking. Access to the information contained in the EES is necessary to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA23 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA24. The data generated by the EES may be used as an identity verification tool both in cases where the third country national has destroyed or falsified his/her documents and where law enforcement authorities are investigating a crime through the use of fingerprints or facial image and wish to establish an identity. It may also be used as a criminal intelligence tool to construct evidence by tracking the travel routes of a person suspected of having committed a crime or a victim of crime. Therefore, the data in the EES should be available, to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the conditions set out in this Regulation. _________________ 23 Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6). 24 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1)
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 43 #
2015/2118(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States to accelerate the full and correct enforcement of Directive 2011/36/EU on preventing and combating trafficking in Human beings and protecting its victims;
Amendment 44 #
2015/2118(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Member States to combat impunity, criminalise trafficking and ensure that perpetrators are brought to justice and that sanctions are strengthened; calls on Member States to improve collection of evidence and to increase police and judiciary cooperation to combat trafficking including with Europol and Eurojust.
Amendment 56 #
2015/2118(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States to strengthen cooperation in order to track and confiscate assets of traffickers; calls on Member States to use all existing tools available more efficiently such as mutual recognition of Court judgements, joint investigation teams and the European investigation order;
Amendment 72 #
2015/2118(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to come forward with proposals that create consistency in EU legislatiMember States to fully implement articles 11to 17 concerning protection and support of victims of Trafficking in Human Beings of the Directive 2011/36/EU and fully implement Directive 2012/29/EU establishing minimum standards on, to ensure that victims of THB are entitled tohe rights, support and protection of victims of crime to ensure consistency and proper support and assistance for victims of Trafficking in human beings;
Amendment 80 #
2015/2118(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that according to Europol about 10.000 unaccompanied children have disappeared after their arrival in the EU in 2015 and that they could be victims of trafficking and exposed to all sort of exploitation and abuse; calls on the Member States to fully implement the asylum package and register children upon their arrival in order to ensure their inclusion in the Child protection systems; calls on the Member States to increase information sharing in order to better protect migrant children in Europe;
Amendment 105 #
2015/2118(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that training of practitioners and officials is crucial to early identify potential victims and prevent crime; calls therefore on the Member States to fully apply art 18. 3 of the Directive 2011/36/EU and to share best practices;
Amendment 111 #
2015/2118(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that migrants are particularly vulnerable to trafficking, especially children; calls on Member States to increase cooperation, including in the hotspots, to identify potential victims and to use all means, including military operations, to combat traffickers and smugglers;
Amendment 32 #
2015/2095(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Commission Communication 'Action Plan on Unaccompanied Minors',[1]and the European Parliament Resolution of 12 September 2013 on the situation of unaccompanied minors in the EU [1] COM 82010)0213 def Communication from the Commission to the European Parliament and the Council - Action Plan on Unaccompanied Minors (2010-2014)
Amendment 70 #
2015/2095(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in 2015, over 3.771 persons are reported dead or missing in the Mediterranean sea, according to the International Organisation for Migration8 ; whereas children represent 30 per cent of all recorded deaths in the Aegean Sea[1]; whereas according to recent Europol data at least 10 000 unaccompanied children have disappeared after arriving in Europe [1] IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf __________________ 8 IOM, Missing Migrants Project, http://missingmigrants.iom.int/.
Amendment 153 #
2015/2095(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas all EU Member States have a duty to protect and promote the rights of all children and ensure that migrant children are treated first and foremost as children and that the principle of the child's best interests takes precedence over migration management objectives;
Amendment 259 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety, recommends that, in planning such search and rescue operations, child specific measures be taken, such as child safeguarding policies in manuals on search and rescue, child protection trainings and child-focused care at disembark;
Amendment 431 #
2015/2095(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the preferences of the applicant should, as much as practically possible, be taken into account when carrying out relocation; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop the relocation process; further recalls that the best interest of the child must be a primary consideration should always guide any decision on relocation involving children;
Amendment 705 #
2015/2095(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Encourages the Member States to seek to keep families together, which will assist integration prospects in the long-term as the focus can be directed towards the establishment of a new life instead of concerns towards family members that are still in insecure situations; urges Member States to take all measures necessary to prevent the separation of a child from his/her parents;
Amendment 723 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. On Unaccompanied Minors (new title)
Amendment 724 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47 b. Recalls that refugee and migrant children should be provided with information on their right to family reunification and how to claim it in a child-friendly way; Recalls that support and protection should be extended to unaccompanied and separated children, in line with their best interests, and that applications for family reunification filed by unaccompanied and separated children should be expedited;
Amendment 725 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47 c. Calls on Member States to fully apply the specific provisions of the Common European Asylum System concerning unaccompanied minors, including access to legal assistance, guardianship, access to healthcare, accommodation and education, the right to be spoken in a language they understand, to have interviews with trained officials not in a uniform, etc.; calls on the Member States to end detention of children because they are migrants.
Amendment 726 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 d (new)
Paragraph 47 d (new)
47 d. Calls on the Member States to ensure that refugee and migrant children enjoy rapid and non-discriminatory access to national services, including child protection systems, in line with the provisions of the UN Convention on the Rights of the Child with the same level of care and support recognised to national children deprived of parental care; calls on Member States to gather disaggregated data on the situation of refugee and migrant children in order to improve the ability of systems to integrate refugee and migrant children;
Amendment 727 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 e (new)
Paragraph 47 e (new)
47 e. Believes that age assessment should be carried out in a manner that is multi- disciplinary, safe and in respect of children's physical integrity and human dignity, with particular attention to girls and should be performed by independent, qualified practitioners and experts; calls for legal guardians to be appointed to support unaccompanied and separated children immediately upon identification and calls on the Member States to speed up procedures for appointing legal guardians
Amendment 773 #
2015/2095(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Believes that the return of migrants should only be carried out safely, in full compliance with the fundamental and procedural rights of the migrants in question, and where the country to which they are being returned is safe for them; reiterates, in that regard, that voluntary return should be prioritised over forced returns; recalls no child should be returned without a thorough risk assessment, conducted by independent child protection officer, and based on Country of Origin Information reports in cooperation with non-governmental, local and international organisation to ensure protection and reintegration after their return;
Amendment 806 #
2015/2095(INI)
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52a. Stresses its desire to make swift progress in compiling a joint Union list of safe countries of origin to enable the refugee crisis to be tackled and the handling of applications to be speeded up;
Amendment 818 #
2015/2095(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Regrets the current situation in which Member States apply different lists, containing different safe countries, hampering uniform application and incentivising secondary movements; takes the view that, whilst a European list of safe countries of origin should form a common basis for all the Member States of the EU, the Member States should nevertheless be able to keep national lists of safe countries of origin so that they will be equipped to deal with the migratory pressures which are specific to each Member State;
Amendment 921 #
2015/2095(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Takes noteWelcomes the fact that on 15 December 2015 the Commission came forward with a proposal for a targeted revision of the Schengen Borders Code, proposing to introduce systematic controls of all Union nationals (not only on third- country nationals) against the relevant databases at the external borders of the Schengen Area; takes the view that strengthening the EU's external border controls in this way is vital to maintaining the Schengen zone;
Amendment 951 #
2015/2095(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
Amendment 1030 #
2015/2095(INI)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85a. Welcomes the commitments taken at the Valletta summit which recognise the need to give hope and opportunities to young people, and to protect children from violence and abuse;
Amendment 20 #
2015/2063(INI)
Motion for a resolution
Recital A
Recital A
A. whereas more than 5000 European citizens have joined terrorist organisations, particularly ISIS (Da'esh) in I, Jahbat al- Nusraq and Syriaothers outside the European Union, especially in the MENA region; whereas this phenomenon is speeding up and taking on significant proportions;
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 35 #
2015/2063(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the terrorist attacks in Paris, Copenhagen and Tunis in early 2015 highlight the security threat which is posed by the presence and movement of these foreign fighters in Europe and in the neighbourhood; whereas the European Union has condemned these attacks in the strongest terms and has committed itself to combat terrorism alongside the Member States, inside and outside EU territory;
Amendment 56 #
2015/2063(INI)
Motion for a resolution
Recital C
Recital C
C. whereas combating terrorism and preventing the radicalisation and recruitment of European citizens by terrorist organisations still falls essentially within the sphere of competence of the Member States, but whereas a concerted European approach is necessary to harmonise the legislation that applies in an area where European citizens are free to move and to make prevention and counterterrorism effective;
Amendment 58 #
2015/2063(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Whereas radicalisation takes place in multiple environments and through various fashions and practices; whereas radicals often benefit from the personal authority influence by their leaders and whereas these harmful role models exercise a similar impact on their victims to that of religious sects;
Amendment 96 #
2015/2063(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the important thing now is to put greater stress on preventive rather than reactive measures to address the radicalisation of European citizens and their recruitment by terrorist organisations; whereas a strategy to counter extremism, radicalisation and terrorist recruitment within the EU can only work if it is developed in parallel to a strategy of integration, so-called "foreign fighter" return, re-integration and de- radicalisation;
Amendment 102 #
2015/2063(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it is essential that fundamental rights and civil liberties be respected in all measures undertaken by the European Union; whereas the security of European citizens is not incompatible with guaranteeing their and Member States, namely the right to private life, the right to data protection, presumption of innocence, the right to a fair trial and due process, freedom of expression and freedom of religion; whereas the security of European citizens must preserve their civil and political rights and freedoms; whereas, indeed, these two principles are two sides of the same coin;
Amendment 108 #
2015/2063(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. Whereas home-grown terrorism has given an extra boost to a dangerous extend ever since ISIS took over land in Syria and Iraq and delivered a worldwide propaganda campaign to join forces with Jihadist and to deliver attacks within their home country;
Amendment 110 #
2015/2063(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas terrorism and foreign fighters' recruitment have heightened intolerance towards religious and ethnic communities in several countries in Europe; whereas a holistic strategy to combat discrimination in general and Islamophobia and anti-Semitism in particular are crucial instruments to curb radicalisation;
Amendment 112 #
2015/2063(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. Whereas youth radicalisation should not be disconnected from its social and political context and must be investigated within the broader scope of sociology of conflict and violent studies;
Amendment 115 #
2015/2063(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. Whereas the geographical proximity of the conflict in Syria, the easy access to Syria, and the atrocities of the Syrian government and its international condemnation has given great legitimacy to armed commitment and has therefore increased the recruitment of volunteers to fight the Syrian regime by means of joining Jihad terrorist groups such as ISIS.
Amendment 118 #
2015/2063(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to establish as quickly as possible a global strategyfurther develop EU strategies and to cooperate with third countries and international organisations to prevent the radicalisation and recruitment of European citizens, taking into account all vectors of radicalisation, on the basis of the exchange of best practice within the European Union and the evaluation of measures undertaken in the Member States; takes the view that the Commission should develop an intensive communication strategy on preventing the radicalisation and recruitment of European citizens by terrorist organisations;
Amendment 128 #
2015/2063(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to establish as quickly as possible a global strategy to prevent the radicalisation and recruitment of European citizens and non-EU nationals residing in Europe, taking into account all vectors of radicalisation, on the basis of the exchange of best practice within the European Union and the evaluation of measures undertaken in the Member States; takes the view that the Commission should develop an intensive communication strategy on preventing the radicalisation and recruitment of European citizens by terrorist organisations;
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 156 #
2015/2063(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of making the fullest use of existing instruments to prevent and combat the radicalisation and recruitment of European citizens by terrorist organisations; highlights the importance of using all relevant internal and external instruments in a holistic and comprehensive manner; 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;
Amendment 185 #
2015/2063(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to publish guidelines on measures to be implemented in Europe's prisons aimed at preventing Europeans from becoming radicalised; recommends that the Member States segregparate radicalised inmates within their prisons in order to prevent radicalism from being imposed through intimidation or other practises on other inmates and to contain radicalisation in those institutions;
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 196 #
2015/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Supports the establishment of specialised European training for prison staff in order to teach them to detect and to deal with radical behaviour; stresses the importance of appropriatelyoffering access to training and recruitingfor prison chaplains and to counsellors so that they can not only adequately meet prisoners' cultural needs in prisons, but also and counter radical discourse effectively;
Amendment 208 #
2015/2063(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the establishment of educational programmes in Europe's prisons in order to promote critical thinking and reintegration into society to inmates vulnerable to pressure from radicalised inmates in prison; stresses the need to address prison radicalisation with utmost respect for the human rights of inmates;
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 263 #
2015/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Feels that the internet giantsindustry should be made aware of their responsibilities so that they delete illegal content as quickly as possible; believes that the Member States should plan for the possibility of bringing criminal prosecutions against digital actors who do not take action in response to the spread of illicit messages or messages praising terrorism on their internet platforms; believes that refusal or failure to cooperate on the part of internet platforms which allow such messages to circulate should be considered an act of complicity with praising terrorism and should consequently be punished; welcomes the cooperation between Europol, national law enforcement and judiciary bodies with private actors to swiftly remove illicit content and to prosecute perpetrators; calls on the European Commission and Member States to promote and support the further institutionalisation of such working groups;
Amendment 271 #
2015/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Feels, however,Is convinced that the internet is an effective platform forto spreading discourse opposed toto counter hate speech and praise for terrorism; recalls on the digital giantsthat such counter discourse should be based on the charter of fundamental rights; calls on the internet industry to cooperate with the Member States in order to take part in the spread of prevention messages calling for the development of critical thinking and for a process of deradicalisation;
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 297 #
2015/2063(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. States that the internet giantsindustry, through internet referencing, have the power to promote radicalisation prevention messages aimed at countering messages that praise terrorism; feels that it is thus their duty to highlight messages that oppose hate speech and praise for terrorism, thereby making online radicalisation more difficult; calls on the Commission and on Member States to support the effective use of counter narratives and mitigation measures through the internet;
Amendment 305 #
2015/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the introduction of measures enabling all internet users to flag illegal content circulating on the internet and on social media networks easily and quickly, while respecting basic freedoms andfundamental rights, especially freedom of expression;
Amendment 319 #
2015/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. FWelcomes the creation of the Internet Referral Unit (IRU) by Europol to detect illicit content and supporting Member States in this regard; feels that every Member State should set up a special unit tasked with flagging illicit content on the internet and with facilitating the detection and removal of content that does not conform to the host internet platform's charter and rules; proposes that such units could cooperate with a European unit responsible for dealing with flagging;
Amendment 330 #
2015/2063(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that online radicalisation cannot be stamped out without reinforcing the tools available to the EU to combat cybercrime; recommends that the European Union strengthen the mandate of the European Cybercrime Centre should be strengthened so that it can play an effective role in better prodetecting European citizens against online threats and detecting the digital processes used by terrorist organisationsand tackling online threats and better identifying the ways used by terrorist organisations; recalls the necessity of sufficiently trained experts at Europol as well as in Member States to respond to this specific threat;
Amendment 333 #
2015/2063(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that online radicalisation cannot be stamped out without reinforcing the tools available to the EU to combat cybercrime; recommends that the European Union strengthen the mandate of the European Cybercrime Centre, Europol and Eurojust so that it can play an effective role in better protecting European citizens against online threats and detecting the digital processes used by terrorist organisations; calls also on the HR/VP to reorganise the EU Situation Centre (SitCen) and the Intelligence Centre (IntCen) and ensure their coordination with the Anti-Terrorism Coordinator to better track online criminal activities, the spread of hate speech related to radicalisation and terrorism; urges Member States, on the other hand, to significantly increase information sharing amongst each other and with the relevant EU structures and agencies;
Amendment 336 #
2015/2063(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Urges Member States to make sure that educational programmes on the use of internet exist in every school (primary education through secondary education) aiming at educating and training responsible, critical and law-abiding internet users;
Amendment 360 #
2015/2063(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Highlights the importance of combining de-radicalisation programs such as establishing partnerships with community representatives, investment in social and neighbourhood projects and mentoring schemes dedicated to youths considered at risk of radicalisation;
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 468 #
2015/2063(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to step up EU's expertise on preventing radicalisation by establishing a European network that incorporates the information provided by the Radicalisation Awareness Network (RAN) and the Policy Planner's Network on Polarisation and Radicalisation (PPN) and the information coming from experts specialised in a large array of disciplines across social sciences;
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 477 #
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; highlights in this regard the importance of Europol’s secure information exchange network application (SIENA);
Amendment 479 #
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 and between Member States and the relevant EU agencies and structures; stresses that stepping up the exchange of information between law enforcement authorities will also entail reinforcing the role of European Union agencies, such as Europol and Eurojust;
Amendment 488 #
2015/2063(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that improved cooperation between the Member States aimed at countering the radicalisation and recruitment of European citizens is also characterised by intensive exchanges and cooperation between the judicial authorities and with Eurojust; Notes that better reporting at European level on the criminal records of European citizens at risk of being radicalised would help speed up their detection and make it easier for them to be properly monitored, either when they leave or when they return; encourages, therefore, the reform and better use of the ECRIS system; urges the Commission to assess the feasibility and added value of establishing EPRIS;
Amendment 503 #
2015/2063(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Considers that the EU and Member States should take measures to ensure that judges and prosecutors are adequately and continuously trained on terrorism-related crimes;
Amendment 505 #
2015/2063(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Calls for reinforced capacities for Eurojust's Coordination Centre, which should play a critical role in promoting joint action of Members judicial authorities in the collection of evidence and enhance effectiveness of prosecutions of crimes related to terrorism; is, in this regard, of the view that more use should 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 514 #
2015/2063(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Encourages, therefore, the establishment of cooperation agreements between Eurojust with third countries, as those already established with the USA, Norway and Switzerland, stressing, nevertheless, the need to ensure full compliance with EU data protection and privacy rules; points out that priority to establish these agreements should be given to countries that are also particularly hit by terrorism, such as MENA countries; additionally, is of the view that the deployment of Eurojust liaison prosecutors in the relevant countries, namely in the southern neighbourhood, would foster more exchange of information and enable better cooperation to effectively fight terrorism;
Amendment 536 #
2015/2063(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates its beliefconviction that the European Union must step up its external border controls as a matter of urgency; stresses that it will be impossible to effectively track the departures or arrivals of European citizens unless a mandatory and systematic coentrols arey-exit-system is introduced on the European Union's external borders; states that, to this end, one of the European Union's priorities must be reformingto swiftly adopt the Smart Borders package, including an adaptation of the Schengen Code;
Amendment 539 #
2015/2063(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Underlines the crucial role of cross- border police cooperation in border management for the prevention of the departure and the anticipation of the return of radicalized European citizens; calls therefore on the European Union to ensure law enforcement authorities receive the necessary support, training and resources through Union bodies such as CEPOL and Europol to fulfil their role and mandate effectively;
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 558 #
2015/2063(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates that making good use of existing instruments such as the SIS and VIS systems constitutes the first step in stepping up external border security in order to identify EU citizens who may be leaving forand foreigners residing in the EU who may be leaving for the purpose of committing terrorist acts, receive terrorist training or take part in non-conventional armed conflict zone behalf of terrorist organisations;
Amendment 562 #
2015/2063(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates that making good use of existing instruments such as the EU's SIS and VIS systems, Interpol's SLTD system, and Europol's Focal Point TRAVELLERS constitutes the first step in stepping up external border security in order to identify EU citizens who may be leaving for conflict zones; or returning from conflict zones; urges Member States to improve cooperation and sharing of information regarding suspected foreign fighters with Member States at the external EU borders;
Amendment 572 #
2015/2063(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses once more the vital importance of the European Union establishing close cooperation with non-EU countries, notably transit countries and those to which foreign fighters are heading, insofar as this is possible, in order to be able to identify EU citizens leaving to fight for terrorist organisations or returning thereafter; to this end, believes that the security officers to be deployed in EU delegations should have the means and capabilities to gather intelligence and information regarding networks of foreign fighters; calls for sending a Europol liaison officer to Turkey in order to strengthen the cooperation with the Turkish law enforcement agencies in identifying and arresting foreign fighters;
Amendment 575 #
2015/2063(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Is convinced that for such enhanced cooperation to be established the Commission, and the European External Action Service (EEAS) in particular, need to make greater efforts in terms of Arabic- speaking staff and spokespersonincreasing and improving expertise in the matters of fighting terrorism, non- conventional armed conflict and radicalisation, reinforce and diversify the current level of language skills, such as Arabic, Urdu, Russian and Mandarin, which is seriously lacking among European information and intelligence services; considers it essential that the EUʼs call to combat terrorism, radicalisation and violence can be heard beyond its own borders;
Amendment 602 #
2015/2063(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. States that a comprehensive approachpolicy to preventing the radicalisation and recruitment of EU citizens by terrorist organisations can only be successfully put in place if accompanied by measures to a de- radicalise EU citizens beguiled by terrorist rhetoration policy; calls on the European Union therefore to facilitate the sharing by Member States of good practices in regard to putting in place deradicalisation structures to prevent EU citizens and non-EU nationals legally residing in the EU leaving the EU or to control their return thereto;
Amendment 638 #
2015/2063(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Supports measures to weaken terrorist organisations from the inside and lessenimit their potentialcurrent influence on EU citizens; urges the European UnCommission to look into ways of dismantling jihadist networks and identifying how they are funded; encourages the Commission to propose a regulation on identifying terrorism funding channels; notes that SWIFT covers global financial transactions to a large extend however recalls that alternative forms of payments, also online, also pose a considerable risk of terrorist financing; highlights the importance of a terrorist finance tracking programme in this regard; calls on the Commission to re- evaluate the creation of a common European terrorist finance tracking system;
Amendment 641 #
2015/2063(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Supports measures to weaken terrorist organisations from the inside and lessen their potential influence on EU citizens; urges the European Union to look into ways of dismantling jihadist networks and identifying how they are funded; to this end, calls for better cooperation between the Financial Intelligence Units of the Member States and the quick transposition and implementation of the Anti-Money Laundering Package; encourages the Commission to propose a regulation on identifying terrorism funding channels;
Amendment 644 #
2015/2063(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Welcomes the recent adoption of the European Agenda on Security with proposes important steps towards a better fight against terrorism and radicalisation such as the creation of the European Anti-Terrorism Centre at Europol; calls upon Member States to make full use of existing measures and calls upon the Commission to flag sufficient financial and human resources to effectively deliver on its proposed actions;
Amendment 646 #
2015/2063(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35b. Calls for a harmonised approach for the criminal offence of hate speech online and offline where radicals incite others to disrespect and to violate fundamental rights; suggests to add this specific offence in the relevant framework decisions by the Council;
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 20 #
2015/2062(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas a questionnaire on prison systems and prison conditions was sent to all the governments of the EU Member States with a view to drafting this report; whereas 26 replies were received;
Amendment 21 #
2015/2062(INI)
Motion for a resolution
Recital B
Recital B
B. whereas prison conditions and prison management are responsibilities of the Member States but the Union also has a necessary role to play in protecting the fundamental rights of prisoners and in creating the European Area of Freedom, Security and Justice; whereas it falls within the remit of the European Union to encourage the exchange of good practices between Member States, in view of shared problems posing real security threats across Europe;
Amendment 27 #
2015/2062(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the situation in the prisons and the detention conditions, at times degrading and inhumane, of certain Member States isare cause for extreme concern, as demonstrated by reports such as those of the Council of Europe’s European Committee for the Prevention of Torture;
Amendment 32 #
2015/2062(INI)
Motion for a resolution
Recital D
Recital D
D. whereas overcrowding in prisons is a recurrent problem in the Union and whereas the European Court of Human Rights has regarded it as a breach of Article 3 ECHR; whereas more than a third of Member States recognise that they are facing overcrowding issues; whereas the situation in some Member States is continuing to worsen, to the point of becoming untenable in a number of European prisons; whereas prison overcrowding is seriously detrimental to the quality of detention conditions, promotes radicalisation and complicates working conditions for prison staff;
Amendment 38 #
2015/2062(INI)
Motion for a resolution
Recital E
Recital E
E. whereas imprisonment is a particularly inappropriate situation in which to place certain vulnerable individuals, such as minors and people suffering from mental and psychiatric disturbances, who require an appropriate, tailored approach;
Amendment 68 #
2015/2062(INI)
Motion for a resolution
Recital I
Recital I
I. whereas continuous training of prison staff, particularly on the new challenges to be addressed, such as radicalisation in prison, and an increase in staffing levels among them are essential to ensure good detention conditions in prisons;
Amendment 73 #
2015/2062(INI)
Motion for a resolution
Recital J
Recital J
J. whereas violence in prisons is often associated with overcrowding and deplorable detention conditions; whereas in many prisons those tensions create particularly difficult working conditions for prison staff, which has led to several social movements within EU Member States;
Amendment 77 #
2015/2062(INI)
K. whereas the suicide rate in prisons in the European Union is particularly alarming; whereas the 2015 edition of the Council of Europe Annual Penal Statistics (SPACE) reports that suicides account for 25% of deaths in prisons;
Amendment 80 #
2015/2062(INI)
Motion for a resolution
Recital L
Recital L
L. whereas radicalisation is occurring in many prisons in the European Union; whereas, in view of the security threat in Europe, each Member State should, as a matter of urgency, take measures to prevent radicalisation in the prison environment; considers an exchange of good practices at European level to be crucial;
Amendment 89 #
2015/2062(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the end purpose of prison is not only to punish but also to rehabilitate; whereas, with a view to preventing recidivism, the Member States should strengthen measures to achieve reintegration through work and training;
Amendment 93 #
2015/2062(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas, in view of the new types of crime and new prisoner profiles, prison systems in Europe must evolve and adapt to offer an appropriate environment for reintegration; whereas reintegration measures must be internalised and carried out during the period of detention;
Amendment 98 #
2015/2062(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its concernIs alarmed about prison conditions in certain Member States and the state of a number of European prisons; calls on Member States to comply with the rules on detention derived from the instruments of international law and Council of Europe standards; notes that deprivation of freedom does not equate to deprivation of dignity;
Amendment 119 #
2015/2062(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores the fact that overcrowding of prisons, which is very common in Europe’s prisons, particularly in Greece, France, Belgium, Italy, Slovenia and Romania, in many cases has a serious impact on the safety of prison staff and prisoners, but also with regard toon health conditions, the activities made available, medical care and monitoring of prisoners; is alarmed at the new record levels of overcrowding in some EU Member States;
Amendment 145 #
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 capacityecessary in some Member States, but is not the sole solution to overcrowding; calls nonetheless on Member States to allocate appropriate resources to refurbishment and modernisation of prisons in order to protect the rights of prisoners, provide dignified detention conditions and to reduce numbers in overcrowded prisons where tensions are high; recalls that the Commission recently mentioned the possibility of drawing on the Structural Funds of the European Union;
Amendment 150 #
2015/2062(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Suggests that Member States should establish inspectorates for detention premises, as is the case in some Member States, to enable them to draw upon independent bodies to evaluate prison conditions;
Amendment 154 #
2015/2062(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Deplores the high number of suicides in prison; calls on each Member State to produce a national action plan to prevent suicides in places where people are detained; calls on the European Commission to promote the exchange of good practices in order to eliminate this phenomenon in European prisons;
Amendment 173 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages Member States to introduce sentence adjustment measures, particularly for the shortest sentences, including the use of day release, allowing sentences to be served during holidays in order to avoid the prisoner losing his or her job, community service, and increased use of house arrest and electronic tagging; also considers that sentencing should be more individually tailored so that it can be delivered better;
Amendment 179 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Considers that prison regimes that vary in line with the prisoners and the level of risk that they pose is a good method for preventing recidivism and encouraging reintegration into society; points out, once again, that reintegration measures must be internalised and must start during the period of detention;
Amendment 180 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Encourages Member States to make it mandatory to work, study for a qualification or attend a training course during detention, in order to prepare detainees for release from prison; considers it vital for minors to have access to schooling and vocational training;
Amendment 182 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on all Member States to introduce stronger measures for monitoring prisoners after their release from prison, when they have been convicted of serious crimes; suggests that follow-up measures, after release, be put in place, by convening a hearing chaired by a judge, and attended by probation and reintegration officers, to evaluate reintegration into society and the risk of re-offending;
Amendment 210 #
2015/2062(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 215 #
2015/2062(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Reiterates the importance of preserving family and personal links, for each prisoner; considers it vital for appropriate conditions to be provided in which those links may be maintained; considers relationships of that kind to be vital to reintegration into society;
Amendment 222 #
2015/2062(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on Member States to abide by the recommendations in force concerning the treatment of foreign prisoners, based on their right not to suffer discrimination; stresses that it would be advisable to develop specific areas for new arrivals, adapted to their needs;
Amendment 236 #
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, which, together with the internet, constitutes the main vector of radicalisation;
Amendment 244 #
2015/2062(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the European Commission to promote the exchange of good practices between Member States with the aim of preventing and combating radicalisation in prisons and in detention centres for minors; notes that young people are particularly vulnerable to propaganda circulated by terrorist organisations;
Amendment 249 #
2015/2062(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the European Commission to propose, on the basis of good practices, guidelines on measures to be applied in European prisons to prevent radicalisation, while also relying on the work of RAN, the Radicalisation Awareness Network; considers it vital for radicalised prisoners to be placed under a special detention regime, tailored to their risk level and their needs; points out the importance of keeping radicalised prisoners away from other prisoners to prevent the spread of radicalisation in prison;
Amendment 251 #
2015/2062(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Considers it vital for prison staff to receive adequate training so that they are equipped to deal with developments in new types of minor offences and crimes; considers that, given the radicalisation occurring in prisons, it is absolutely vital to develop specialised training courses for all prison staff, probation officers and partners working within the penal system, religious workers and NGO staff who interact with prisoners, to train them on early detection, prevention and the management of radical behaviours; stresses the importance of appropriately recruiting and training religious, philosophical and secular representatives so that they are able not only to adequately meet prisoners’ cultural and spiritual needs in prisons, but also to contribute to countering potential radical discourse;
Amendment 252 #
2015/2062(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Urges Member States to exchange good practices and to set up full de- radicalisation programmes in detention, steered by multi-disciplinary committees open to all those involved in de- radicalisation, and in particular psychologists, social workers and prison chaplains;
Amendment 256 #
2015/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that consideration for and training of prison staff is essential in order to ensure good detention conditions in prison, and encourages Member States to share information and good practices; to this end, calls for a General Assembly of Prison Administrations to be convened; expresses its solidarity with prison staff faced with violence and possible attacks;
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 283 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
border control, including measures a) border control, including measures related to the prevention, detection and investigation of cross-border crime and the fight against terrorism, 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 438 #
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 situation in neighbouring third countries with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union. Where appropriate, such risk analyses shall be carried out in cooperation with other relevant EU agencies, such as Europol and the European Asylum Support Office.
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 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 92 #
2015/0281(COD)
Proposal for a directive
Recital 5 d (new)
Recital 5 d (new)
(5d) Internet and social media companies and service providers have a legal responsibility to cooperate with Member State authorities by deleting any illegal content that propagates violent extremism, as quickly as possible and in a manner entirely consistent with the rule of law and fundamental rights, including freedom of expression. Member States should consider legal action, including criminal prosecutions, against internet and social media companies and service providers which refuse to comply with an administrative or judicial request to delete from their internet platforms illegal content or content extolling terrorism. The refusal or deliberate failure by internet platforms to cooperate, thus allowing such illegal content to circulate, should be regarded as an act of complicity that can be equated to criminal intent or neglect and in such cases those responsible should be brought to justice.
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 315 #
2015/0281(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Measures to combat internet platforms which incite people to terrorism or fail to cooperate in the fight against terrorism 1. Member States shall take all the measures required to remove as soon as possible from internet platforms housed on their territory illegal content which publicly extols terrorism. 2. Member States shall take measures to establish the criminal liability of internet, platforms, social media networks and internet service providers which refuse to comply with an administrative or judicial request to delete from their online platforms illegal content or content extolling terrorism.
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 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 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 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 45 #
2015/0125(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) According to data of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex), the Central and Eastern Mediterranean route were the main areas for irregular border crossing into the Union in 2014. In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277% compared to 2013, including more than 26.100 children, of whom around 13.000 were unaccompanied (7.6% of the total migrants arrived). A steady increase was also witnessed by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153% compared to 2013. Statistics for the first months of 2015 confirm this clear trend in respect of Italy. In addition, Greece has faced in the first months of 2015 a sharp increase in the number of irregular border crossings, corresponding to more than 50% of the total number of irregular border crossings in 2014 (almost 28 000 in the first four months of 2015 in comparison to a total number of almost 55 000 in 2014). A significant proportion of the total number of irregular migrants detected in these two regions included migrants of nationalities which, based on the Eurostat data, meet a high Union level recognition rate (in 2014, the Syrians and the Eritreans, for which the Union recognition rate is more than 75%, represented more than 40% of the irregular migrants in Italy and more than 50% of them in Greece). According to Eurostat, 30 505 Syrians were found to be irregularly present in Greece in 2014 compared to 8 220 in 2013.
Amendment 66 #
2015/0125(NLE)
Proposal for a decision
Recital 17
Recital 17
(17) The measures foreseen in this Decision entail a temporary derogation from the criterion laid down in Article 13(1) of Regulation (EU) No 604/2013 of the European Parliament and of the Council and the procedural steps, including the time limits, laid down in Articles 21, 22 and 29 of that Regulation. Child rights principles and the best interest of the Child should be the primary consideration in all procedures put in place.
Amendment 91 #
2015/0125(NLE)
Proposal for a decision
Recital 26
Recital 26
(26) In addition, in order to decide which specific Member State should be the Member State of relocation, specific account should be given to the specific qualifications of the applicants concerned which could facilitate their integration into the Member State of relocation, such as their language skills. In the case of particularly vulnerable applicants, and particularly in the case of unaccompanied minors, consideration should be given to the capacity of the Member State of relocation to provide adequate support to those applicants.
Amendment 4 #
2014/2254(INI)
Motion for a resolution
Citation 2
Citation 2
– having regard, inter alia, to Article 2, the second indent of Article 3(3), Article 5(3) and Articles 6 and 7 TEU,
Amendment 93 #
2014/2254(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Article 5 TEU and Article 51 of the Charter of Fundamental Rights emphasise the obligation of EU institutions and Member States to respect the principle of subsidiarity in accordance with the limit of their respective powers as conferred by the Treaties;
Amendment 105 #
2014/2254(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the European Union operates on the basis of the presumption and mutual trust that EU Member States conform with democracy, the rule of law and fundamental rights, as enshrined in the ECHR and in the Charter of Fundamental Rights, notably in relation to the development of an Area of Freedom, Security and Justice and the mutual recognition principle;
Amendment 116 #
2014/2254(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, following recent terrorist attacks on EU territory, fundamit is essential rights ato ensure that risk of being seriously compromised in the name of a supposed need for tightebalance is maintained between safeguarding fundamental freedoms and rights and strengthening their security;
Amendment 121 #
2014/2254(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the obligations incumbent on candidate countries under the Copenhagen criteria are not only basic pre-accession requirements, but must also continue to apply after a country has joined the EU, based on article 2 TEU; whereas in the light of this, all Member States should be assessed on an ongoing basis in order to verify their continued compliance with the EU's fundamental values of democracy, the rule of law, respect for human rights and protection of minorities;
Amendment 169 #
2014/2254(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that it is essential to guarantee that the common European values listed in Article 2 TEU are upheld in full in both European and national legislation; Underlines that the European Union is bound to adopt legislation with full respect to its competences as set by the Treaties including the principle of subsidiarity;
Amendment 172 #
2014/2254(INI)
Motion for a resolution
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Reiterates that the European Union is compelled to adopt legislation in full respect of its powers as set by the Treaties, including the principle of subsidiarity;
Amendment 180 #
2014/2254(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that it is essential for the European Union, its institutions and the Member States to guarantee respect for the common European values set out in Article 2 TEU; that all the instruments currently provided for in the treaties in this regard urgently need to be applied and implemented;
Amendment 202 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – point a a (new)
Paragraph 4 – point a a (new)
(aa) Ensure that legislative proposals and policies comply with the Charter and respect fundamental rights, and that the impact of EU legislation and its implementation by the Member States on fundamental rights are systematically examined in the evaluation reports on the implementation of EU legislation, as well as in the annual report on monitoring the application of EU law;
Amendment 237 #
2014/2254(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. NotWelcomes the Commission's Communication on a new EU Framework to strengthen the rule of law; considers, however, that the proposed mechanism will not act as a sufficient deterrent when it comes to preventing and resolving fundamental rights violations in Member States and embraces the Commission's intention to keep the European Parliament and the Council regularly informed of the progress made at each stage;
Amendment 243 #
2014/2254(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines the need for the full use of existing mechanisms to ensure that the fundamental rights and the values of the Union referred to in Article 2 of the EU Treaty and in the Charter of Fundamental Rights are respected, protected and promoted; In this regard all the instruments currently provided for in the treaties need to be urgently applied and implemented;
Amendment 326 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that instances of terrorism have created an urgent need for the EU and its Member States to intensify anti-terrorist and counter-radicalisation measures in order to safeguard its citizens' fundamental rights to freedom and security, which are necessary in order to fulfil all other fundamental rights. Urges EU and national authorities to adopt such measures in full respect with the framework of fundamental rights and the rule of law;
Amendment 343 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that antiterrorism and greater security for European citizens are not incompatible with, but complementary to, respect for fundamental rights; urges the Council to make progress in its negotiations on the 'protection of personal data' package;
Amendment 360 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Underlines that safeguarding fundamental rights in today's information society is a key issue for the EU as the growing use of information and communications technologies (ICT) poses new threats against fundamental rights in cyberspace, the protection of which should be strengthened by ensuring that they are promoted and protected online in the same way and to the same extent as in the offline world;
Amendment 367 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Urges the Commission to monitor intensively the implementation of existing EU legislation in this field and considers that Member States should apply the provisions of criminal law in practice through effective investigation and prosecution to ensure respect for the fundamental rights of the victims;
Amendment 373 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Recognizes that that wide spread of transnational cybercrime and cyber terrorism creates serious challenges and concerns about protection of fundamental rights in the online environment, which makes even more imperative the international cooperation between member states' police and law enforcement authorities in the context of the fight against cybercrime pursuant to article 87 TFEU;
Amendment 473 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission and the Member States to keep the issue of violence against women high on the agenda as Gender-based violence is both a consequence of the inequalities between women and men as well as an obstacle to equality and therefore should not be tolerated; Furthermore calls on the Commission to encourage national ratifications and start the procedure for EU accession to the Istanbul Convention as quickly as possible; notes that the immediate accession of all Member States to the Istanbul Convention would lead to the development of an integrated policy and to the promotion of international cooperation in the fight against all forms of violence against women;
Amendment 479 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the EU to continue its work in ensuring equality between women and men in pay, pensions and participation in labour market, including in positions on top management. This action should help ensuring that Europe is making full use of all available talent;
Amendment 542 #
2014/2254(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the discrimination and exclusion that persons with a mental and/or physical disability still face today; calls on the Commission and the Member States to implement the European Disability Strategypromote the integration of persons with disabilities through the European Disability Strategy 2010-2020, the ''Europe 2020'' and the European Semester and to monitor and apply the relevant European legislation;
Amendment 547 #
2014/2254(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges the Commission to guide Member States in order to make use in the best way of the European structural and investments funds, which must be applied in accordance with the EU's obligations under the UNCRPD Convention;
Amendment 555 #
2014/2254(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Urges the Commission to support more NGO's, covering various aspects of disability, as well as Member States' Organisations, and to work closely with them, aiming at the proper implementation of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), launching training programs for the empowerment of these persons, gathering data and carrying out analysis;
Amendment 567 #
2014/2254(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concerns regarding investigations and convictions in connection with hate crimes in the Member States; cCalls on the EU to make the fight against hate crimes a priority when drawing up European policies against discrimination and in the field of justice; calls for a review of the framework decision on racism and xenophobia; Calls on the Commission to further develop policies against radicalisation including hate speeches;
Amendment 580 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Deplores the existing discrimination of Roma people in national educational systems and on the labour market. Stresses the increased vulnerability of minorities, and of Roma women and children in particular, to multiple and simultaneous infringements of their fundamental rights;
Amendment 583 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on Member States to adopt criminal legislation prohibiting incitement to hatred on any grounds and to ensure that there is effective protection against racism of any kind based on a racial or ethnic origin, political opinions, religious or philosophical beliefs and health or sexual life;
Amendment 604 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Expresses its concern about the situation of the Roma in the European Union, and the numerous instances of persecution, violence, stigmatisation and discrimination against contrary to fundamental rights and European Union law; calls once more for the effective implementation of the strategies to foster real inclusion and for pertinent action to promote integration, particularly in the field of fundamental rights, education, employment, housing, healthcare, as well as to fight against violence, hate speech and discrimination of Roma;
Amendment 608 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Underlines that the formulation and implementation of policies on sexual and reproductive health and rights is a competence of the Member States and therefore supports measures and actions by the Member States to improve women’s access to health services and inform them more comprehensively about their rights and the services available. Emphasises that the EU can contribute to the promotion of best practice among Member States;
Amendment 610 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Stresses that the children’s rights should be fulfilled without discrimination on any grounds, regardless of their parents’ ethnic origin, nationality, religion and social, migration or residence status;
Amendment 612 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13f. Calls on the Member States to implement Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children, and child pornography, and to strengthen the legal ability, technical capabilities and financial resources of law enforcement authorities in order to increase cooperation, including with Europol, with a view to investigating and dismantling child sex offender networks more efficiently, while prioritising the rights and safety of the children involved;
Amendment 637 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – introductory part
Paragraph 14 – introductory part
14. Deplores the repeated and tragic losses of life in the Mediterranean; reiterates the need to make every possible effort to: caused by ruthless traffickers and smugglers, reiterates the need to make further efforts to: - fight against hubs of organized crime and terror;
Amendment 647 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – indent 1
Paragraph 14 – indent 1
– save the lives of persons in danger; calls, therefore, on the European Union and the Member States to take concerted action to broaden the mandate of Triton so that tragedies in the Mediterranean can be prevented;
Amendment 685 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses the importance of respecting and protecting the rights of refugees and migrants, while special attention should be paid to women and children migrants; stresses the obligation to comply with international human rights conventions, particularly the Geneva Convention on the status of refugees and the principle of non-refoulement; Underlining the need for having External Relations, Development policy and Humanitarian aid interlinked and coordinated with Internal Policies for migration and internal security in order to be successful. This will require a more targeted approach including additional resources and efforts and better cooperation also amongst the competent EU institutions;
Amendment 814 #
2014/2254(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Underlines that fundamental rights are effective only if they are judiciable; In this context, the promotion of the effective and exemplary application of the Charter and the secondary EU legislation on fundamental rights is crucial for the trust of citizens in the proper functioning of the European area of justice;
Amendment 845 #
2014/2254(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges Member States to step up in their fight against all kinds of serious organized crimes including trafficking of human beings, sexual abuse and exploitation, torture and forced labour, in particular of women and children;
Amendment 34 #
2014/2215(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the use of different uniforms alongside the Frontex emblem during the Frontex operations could makes it difficult for individuals to identify under whose authority an officer falls and, ultimately, where to file a complaint - whether with Frontex or directly with the Member State concerned;
Amendment 36 #
2014/2215(INI)
Motion for a resolution
Recital L
Recital L
L. whereas under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States or their officials; whereas the principle of subsidiarity should be respected within a request to FRONTEX to set up a Follow-up mechanism for complaints within the Member States' responsibility;
Amendment 38 #
2014/2215(INI)
Motion for a resolution
Recital M
Recital M
M. whereas Frontex has already established an incident reporting system which involves the Frontex operations teamdivision, the Frontex legal teamunit and the Frontex Fundamental Rights Officer, with the ultimate decision being taken by the Frontex Executive Director; whereas this system only involves internal complaints received from Frontex staff and guest officers, and consequently does not cater for direct complaints by individuals who claim a breach of their fundamental rights;
Amendment 40 #
2014/2215(INI)
Motion for a resolution
Recital N
Recital N
N. whereas individual complaints mechanisms already exist at European level within the structures of the European Investment Bank, the European Agency for Fundamental Rights and the European Network of Ombudsmen; whereas it is noted that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 50 #
2014/2215(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
1. Acknowledges and appreciates FRONTEX' extraordinary support of the Member States at the EU's external borders in coordinating the mass influx of migrants during the current migration crisis; welcomes the engagement of FRONTEX to further support the Member States by contributing to the newly installed hotspots and by better coordinating return decisions;
Amendment 69 #
2014/2215(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an more effective remedy; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that wcould otherwise remain undetected, unreported and unresolved;
Amendment 74 #
2014/2215(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. StressNotes that under the Frontex regulation there arppears to be no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-would be compliant with the principle of good administration and undermineswould add to the effective implementation of the Agency’'s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’'s role under EU law, in particular its participation in Migration Management Support Teams working in ‘'hotspot’' areas;
Amendment 86 #
2014/2215(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view there is a legitimate expectation on the part of all to believe that the actions of those involved in Frontex operations are attributable to Frontex and more generally to the EU; stresses that the complex legal relations and the distinct yet shared responsibilities between Frontex and the Member States should not undermine the safeguarding of fundamental rights; notes that being a central point for individual complaints does not make Frontex responsible for every complaint received; stresses that under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States and their officials; believes that due consideration should therefore be given to the competences of Frontex and those of the EU Member States;
Amendment 88 #
2014/2215(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. StressNotes the need for an official central structure within Frontex for the processing of individual complaints; notes that such a mechanism can only be realised under the condition that Frontex is provided with the necessary staff and budgetary resources; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly; recalls that Frontex can only cooperate with Member States on the follow-up of complaints falling under the Member States' authority, but does not have executive powers in the Member States and no authority to sanction Member States and their officials;
Amendment 127 #
2014/2215(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges that potential complaints may in manycertain cases refer to the conduct of guest officers who fall under the particular authority of a Member State but wear the Frontex emblem;
Amendment 137 #
2014/2215(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; considers it cruciauseful to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so;
Amendment 148 #
2014/2215(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that the Frontex Disciplinary Procedure may also apply to seconded guest officers and seconded national experts if the relevant Member State agreesfinds it to be the best solution; recalls that Frontex may request the Member State to immediately remove the guest officer or seconded national expert concerned from the Frontex activity if the Member State does not allow the disciplinary procedure to take place, and, if necessary, to remove the person from the pool of guest officers;
Amendment 158 #
2014/2215(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that the possibilityno prejudice in terms of withdrawing financial support from the Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudiceultimately the termination of an operation should come by this mechanism to the overall aim of the Frontex mission whereby the saving of lives is envisaged;
Amendment 167 #
2014/2215(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’' right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check of the complaints;
Amendment 175 #
2014/2215(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes note that an individual complaints mechanism should be both efficient and cost-effective; calls on Frontex to provide the necessary resourcesthe Member States and the European Commission to provide Frontex with the necessary additional resources to be allocated to the Fundamental Rights Office for handling the complaints received;
Amendment 183 #
2014/2215(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the readiness of the European Ombudsman, the members of the European Network of Ombudsmen with competence on fundamental rights and the Frontex Consultative Forum to support Frontex in setting up and implementing an individual complaints mechanism; calls on Frontex to follow where appropriate the good practice of other European bodies, such as the European Investment Bank, in close cooperation with the European Ombudsman while keeping in mind that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 42 #
2013/2177(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that economic growth depends on a stronger European industry, and therefore urges the Commission and the Member States to boost demand by supporting key steel-using sectors, stimulating investment conditions, strengthening the internal market and, advancing European infrastructure development projects and guaranteeing that at least 20 % of public contracts are reserved for European undertakings;
Amendment 45 #
2013/2177(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Draws attention to the importance and advisability of concluding a transatlantic trade and investment partnership for the purpose of increasing trade and demand for steel in key sectors, and stresses, therefore, that negotiations on the partnership should not compromise the EU’s industrial competitiveness in any of these sectors;
Amendment 90 #
2013/2177(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that there is a significant gap in industrial energy prices between the EU and its main competitors; recognises that energy prices are important cost drivers for the steel industry; believes that the efficient functioning of the single energy market, based on price transparency in particular, is a necessary precondition if the steel industry is to be supplied by secure and sustainable energy at affordable prices;
Amendment 106 #
2013/2177(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the key importance of price transparency on the energy market; calls on the Commission to put as precise a figure as possible on the impact that subsidies for mature renewable energies have on the industry’s competitiveness, and to take swift measures to address any shortcomings;
Amendment 126 #
2013/2177(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Commission to reconcile the political goals relating to climate and the environment with the competitiveness of the industry while avoiding risks of carbon leakage and relocation; calls on the Commission, therefore, to curb as of now the proliferation of environmental legislation, and to put an end to the situation whereby often contradictory environmental and energy objectives are set at one and the same time; calls on the Commission to make a start on a process of consolidating and rationalising legislation and existing objectives, with a view to supporting industrial competitiveness and employment in Europe, in particular by means of its REFIT programme;
Amendment 141 #
2013/2177(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that trade negotiations should follow a reciprocal approach under which considerations such as access to new markets, access to raw materials, risk of carbon leakages, the level playing field and leakages of knowhow are taken into account; believes that the establishment of a carbon inclusion mechanism at the EU borders could be a key tool in supporting the competitiveness of European undertakings and the vibrancy of European industrial regions;
Amendment 175 #
2013/2177(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Believes that incentive mechanisms should be established with a view to encouraging large multinationals to invest in research and development in the regions in which they carry out their industrial operations, for the purpose of supporting employment and the vibrancy of the regions in question;
Amendment 1 #
2013/2176(INI)
Draft opinion
Paragraph A
Paragraph A
A. Underlines the need for greater integration of Union policies in favour of SMEs as regards innovation, growth, internationalisation, productivity, reducing bureaucracy, the quality of human resources, and social responsibility; stresses in this connection that at least 20% of public procurement contracts should be reserved for businesses (and particularly SMEs) located within the EU;
Amendment 18 #
2013/2176(INI)
Draft opinion
Paragraph C
Paragraph C
C. Welcomes in particular the actions provided for under Article 7 of the COSME proposal which are designed to promote entrepreneurship and entrepreneurial culture; stresses the need to promote these skills, particularly among young people and women;
Amendment 20 #
2013/2176(INI)
Draft opinion
Paragraph C
Paragraph C
C. Welcomes in particular the actions provided for under Article 7 of the COSME proposal which are designed to promote entrepreneurship and entrepreneurial culture; stresses that, to promote the development of entrepreneurship in Europe, a stable and clear regulatory environment is essential;
Amendment 44 #
2013/2176(INI)
Draft opinion
Paragraph F
Paragraph F
F. Calls on the Member States to continue taking policy measures which shape culture and educational systems, through the creation of partnerships between universities and companies, in order to fill the current gap between academia and the market; stresses that, to address the skills shortage Europe is currently facing, it is urgently necessary to speed up access for women to scientific and technological training and occupations, particularly in the new information and communications technology (NICT) sector;
Amendment 45 #
2013/2176(INI)
Draft opinion
Paragraph F
Paragraph F
F. Calls on the Member States to continue taking policy measures which shape culture and educational systems, through the creation of partnerships between universities and companies, in order to fill the current gap between academia and the market; calls for entrepreneurship courses to be introduced into educational systems from secondary level, and for entrepreneurship to feature as a key skill in education and training programmes;
Amendment 57 #
2013/2176(INI)
Draft opinion
Paragraph G
Paragraph G
G. Supports those EU-level initiatives which are helping SMEs access more financial resources, on the grounds that they make it easier for young and innovative companies to access funding; also supports initiatives seeking to encourage entrepreneurs whose businesses have failed, so as to offer them a second chance and not discourage risk- taking;
Amendment 119 #
2013/2135(INI)
Motion for a resolution
Recital F
Recital F
F. whereas investors and industries need a clear, simplified and long-term framework for EU climate and energy policy with greater levels of certainty in order to encourage long-term private investment and reduce the risk associated with this;
Amendment 143 #
2013/2135(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the EU spent EUR 573 billion on imported fossil fuels in 2011 and its dependency on energy imports is expected to grow; whereas it is vital, therefore, to ensure that energy prices for end users are as transparent as possible;
Amendment 220 #
2013/2135(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Asks the Commission to take a multifaceted approach, the efficiency and cost-effectiveness of which ought to be enhanced by coordinated and coherent policies that address in equal measure issues such as competitiveness, energy security and climate objectives (e.g. GHG emission reduction, renewable energy sources and energy efficiency); based on the combining of existing objectives and a clear focus on limiting the number of objectives in order to encourage a simplification of the regulatory framework and maintain real control over the interactions between existing policies and objectives;
Amendment 257 #
2013/2135(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the European Council to keep up the progress made at EU level and set ambitious but realistic objectives for the 2030 EU policies that take account of the economic, social, environmental, international and technological contexts, and to establish a clear, simple, stable, long-term and cost-effective framework for industries and investors;
Amendment 340 #
2013/2135(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is of the opinion that support schemes, if better used, could be an appropriate tool to incentivise the development of renewable energy sources (RES) and energy efficiencyinnovation, research into future technologies and energy efficiency; considers it essential to end grants and subsidies which distort the market by ensuring that they are solely directed at supporting non-mature technologies to market; sees an important role for the Commission in providing guidance in this regard;
Amendment 357 #
2013/2135(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that some RES should now be considered mature energy sources and their subsidies should therefore be phased out on time order to be able to reallocate these to research and development (R&D) programmes and RES that are not yet cost- effective; asks the Commission to study the impact of RES priority dispatch on general energy costs and to ensure price transparency so that consumers can assess this impact;
Amendment 553 #
2013/2135(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks the Commission to examine the interactions between climate and energy objectives in order to achieve the most efficient policies at EU level, taking into consideration not only national GDP but also each Member State's capacity; calls on the Commission to immediately limit the proliferation of legislation and to end the overlapping of environmental and energy objectives, with sometimes contradictory effects, by initiating a process of combining and streamlining the existing rules, in order to support competitiveness and employment in Europe, in the context of its REFIT programme;
Amendment 688 #
2013/2135(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that energy end consumers – individuals, SMEs and industry alike – are at the very core of the internal energy market and that they should benefit from lower and transparent energy prices, be duly protected, and accurately informed by ensuring easy access to information; for this purpose, calls on the Commission and Members States to achieve, as a matter of urgency, the completion of the internal market, security of supply and the interconnection of networks as requested in Article 194 TFEU;
Amendment 786 #
2013/2135(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to launch a study analysing new and cost-efficient market designs with a view to ensuring reasonably priced electricity to consumers and to preventing carbon leakage; asks therefore the Commission to come forward as soon as possible with an additional assessment and recommendations for further actions to prevent the risk of carbon leakage caused by reallocation of production facilities outside the EU, such as a carbon inclusion mechanism at the borders of the EU, focusing in particular on additional scenarios in which limited or no further global action is taken on carbon emission reduction;
Amendment 804 #
2013/2135(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes that the EU's main competitors on the global market place great emphasis on technological developments, innovation and improving industrial processes; notes also that their economies grow at a much faster pace than the EU; concludes that the EU must give priority to R&D and innovation and to developing scientific and technical partnerships with its international partners;
Amendment 828 #
2013/2135(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Invites the Commission to develop a way of measuring competitiveness between the EU and its main competitors which could, for example, be based on fiscal policies, R&D, innovation, industrial energy prices and regulatory burdens; stresses that, as far as possible, energy and environment policy should avoid creating a regulatory burden on business not justified by the interests of the consumer;
Amendment 16 #
2013/2128(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the numerous benefits of smart grids to decarbonise the economy, increase the share of renewable energy and distributed generation, create conditions for efficient use of electricity in transport, give consumers the ability to adapt their consumption to benefit from the lowest prices and at the same time save energy, improve energy efficiency, and also boost EU technology development; stresses, therefore, the importance of taking into account their position at the intersection of energy and environmental policies by undertaking a general review and rationalisation of the legislation and existing objectives;
Amendment 36 #
2013/2128(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to assess whether it is necessary to bring forward proposals, in line with the third internal energy market package, for the development and promotion of smart grids as this could increasingly allow the involvement of more market participants and boost potential deployment, development and maintenance synergies throughout the telecommunications and energy networks; stresses, however, that these proposals should be integrated into a harmonised and streamlined regulatory framework in accordance with the principles laid down by the Commission, including as part of the REFIT programme;
Amendment 42 #
2013/2128(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls that smart grids should not place a financial burden on consumers or a regulatory burden on enterprises, but should benefit them by delivering accurate user- friendly information and empowering them to efficiently manage their energy consumption and production;
Amendment 1 #
2013/2092(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the European space industry has a consolidated annual turnover of approximately €EUR 6.5 billion and employs over 34 500 highly skilled people full-tim, and whereas in this period of economic difficulty the importance of that industry as a sector with strong growth and innovation potential, and as a creator of jobs with high added value, should be brought to the fore;
Amendment 2 #
2013/2092(INI)
Motion for a resolution
Recital F
Recital F
F. whereas at present there is still not sufficient coordination of measures in the field of space travel between the EU, the Member States and the ESA and whereas this has resulted in duplication of structures and prevented synergies from being sufficiently exploited; stresses that the introduction of a clear governance framework in the space sector would make for huge efficiency savings;
Amendment 5 #
2013/2092(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the space industry is investment-intensive and has unusually long development cycles, so that consistency of planning plays a decisive role for the space industry, and since the visibility this provides will benefit greatly from there being a stable regulatory framework and a clear governance framework;
Amendment 33 #
2013/2092(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Observes that undertakings from outside the space industry can derive benefit from innumerable products derived from space research; calls on all parties concerned, therefore, to develop fruitful exchanges between actors in the space and non-space industries and to work in partnership to develop technologies which can lead to pioneering innovations for the benefit of society; stresses the value of better publicising the tangible benefits that the space industry can bring to the daily lives of Europeans;
Amendment 39 #
2013/2092(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that it is only by means of the adequate availability of highly skilled employees that it can be ensured that the European space industry can remain competitive; calls therefore on all parties concerned to step up cooperation between universities and industry and to encourage students, and particularly women students, to pursue careers in that industry; observes furthermore that the acquisition of talents from third countries is indispensable;
Amendment 43 #
2013/2092(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the importance of commercial sales for the European space industry; observes at the same time that access to institutional markets in third countries remains partially closed to European industry; stresses the importance of equal initial conditions for European industry at international level; calls on the Commission, therefore, to ensure reciprocity, equal opportunities and fair competitive conditions in the context of trade agreements (e.g. TTIP);
Amendment 71 #
2013/2073(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the Member States should invest more in linking educational curricula to labour market demands; stresses the importance of enhancing youth mobility, in particular by the early learning of foreign languages;
Amendment 82 #
2013/2073(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. UCommends the proposal for a European Alliance for Apprenticeships and urges the Member States to incorporate vocational training and orientation workshops in education;
Amendment 97 #
2013/2073(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses the need to encourage women to embark on careers that have generally been considered as typically "masculine", especially in the sector of information technologies;
Amendment 124 #
2013/2073(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to integrate entrepreneurship skills in curricula, and to provide incentives and technical support for young people to create their own businesses under the slogan ‘if you can't find a job, just create one’;
Amendment 22 #
2013/2045(INI)
Draft opinion
Paragraph C
Paragraph C
C. whereas EU mobility programmes in the field of education and youth, and early foreign language learning, boost job prospects and encourage labour market mobility;
Amendment 52 #
2013/2045(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for an increased use of dual education systems which combine theoretical and practical teaching; highlights the importance of VET in striking the right balance between education and labour market demand; welcomes the proposed European Alliance for Apprenticeships and calls for the development of programmes designed to foster innovation and entrepreneurship; considers that the promotion of VET should not be done at the expense of higher education; emphasises the importance of improving quality standards in higher education;
Amendment 62 #
2013/2045(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of ensuring the swift uptake of best practices as regards access by girls and women to training in fields traditionally regarded as more ‘masculine’, particularly in the new Information and Communication Technologies (ICT) sector;
Amendment 17 #
2013/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on Member States to provide more efficient education, with a focus on active citizenship, transversal, entrepreneurial and STEM-related skills, digital literacy and foreign languages skillsfrom an early age, to tackle mismatches between skills and labour market demand;
Amendment 65 #
2013/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on Member States to facilitate transition between the different educational and training pathways, assist transition between education, professional training and employment, provide traineeships, work-based learning, apprenticeships and dual learning models and recognize competences based on non-formal and informal learning; welcomes the presentation by the Commission of a proposal for a European learning alliance;
Amendment 81 #
2013/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to prepare teachers to focus on skills and competences, get acquainted with different cultures and adapt lessons to the communication and learning styles of their students; welcomes the emphasis placed by the Commission on education and training in new information and communication technologies (NICTs);
Amendment 62 #
2013/2020(INI)
Motion for a resolution
Recital H
Recital H
H. whereas a ceasefire in Western Sahara between the Moroccan Government and the Polisario Front has been in place since 1991; whereas the UN considers Western Sahara a non-self-governing territory; whereas no country recognises Moroccan sovereignty over Western Sahara; whereas the Sahrawi Arab Democratic Republic is not currently recognised by the AU and over 45 UN states, but not by the UN collectively or by any EU Member State; whereas the UN and EU do not explicitly consider Morocco to be an occupying power; whereas a referendum on the status of Western Sahara, first agreed on principle in 1988, has still not taken place;
Amendment 81 #
2013/2020(INI)
Motion for a resolution
Recital J
Recital J
J. whereas Resolution 2099 extending the mandate of the UN Mission for the Referendum in Western Sahara (MINURSO) is the only UN mission not to include a human rights dimension in its mandate, and offers no mechanism for alleged human rights violations to be reported; whereas both the Moroccan Government and the Polisario Front have been accused ofplaces particular stress on respect for human rights violations;
Amendment 90 #
2013/2020(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the situation of human rights in the Sahel has acquired greater international prominence as a result of the armed conflict in Mali, the French intervention to safeguard the country’s sovereignty and the international response to it; acknowledgnotes that this conflict has created specific problems in that country, as well as exacerbatinghighlighted fundamental underlying challenges already present in Mali and elsewhere in the region; stresses, however, that the immediate concerns in Mali should not deflect attention from the chronic and pervasivefar too many chronic problems that seriously impact on human rights in the rest of the Sahel, in particular, slavery and human trafficking, jihadi extremism and radicalisation, fragile governance and institutional corruption, and systemic and debilitating poverty;
Amendment 255 #
2013/2020(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Emphasises the need for human rights in Western Sahara to be considered without anticipating any final political settlement or expressing a view on such a settlement; reiterates, nevertheless, that self- determination is a fundamental human right, as specified by Article 1 of the UN International Covenant on Civil and Political Rights; moreover, recalls UN Security Council Resolution 1754, urging the parties to enter into negotiations in good faith, without preconditions, 'with a view to achieving a just, lasting and mutually acceptable political solution, which would provide for the self- determination of the people of Western Sahara'; fears that the 25-year delay in arranging a referendum is increasing Sahrawi alienation and the potential for violence, particularly amongst the youngdraws attention, in that connection, to the efforts made by the Moroccan authorities, in particular in the context of the autonomy plan proposed in 2007;
Amendment 263 #
2013/2020(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Expresses deep concern at the recent report from the UNSR on torture, who found evidence that Moroccan officials have detained individuals on political grounds, inflicted torture and rape on Sahrawi inmates, kidnapped and abandoned protesters in the desert to intimidate them, and deliberately and frequently targeted pro-independence advocates, including in their homes; notes further widespread allegations of forced disappearances and unfair trialsNotes that in the report drawn up following his recent visit to Morocco the UNSR on torture applauds the efforts made by the authorities to ‘develop an institutional culture which will make it possible to ban and prevent torture and mistreatment'; draws particular attention to the dismantling of the Gdeim Izik protest camp in November 2010, where significant violence claimed Moroccan and Sahrawia number of lives, and the subsequent trial of 25 Sahrawis, many of them known human rights activists,persons from Western Sahara in February 2013; notes Morocco's insistence regarding the trial's fairness and due process, and the positive conclusions of some international observers, but also recalls the UNSR's concern at the use of a military court, the allegations of torture, and the Moroccan authorities' failure to investigate them; notes the conclusions by some NGOs and h; welcomes, in that connection, King Mohammed VI’s endorsement of the recommendations by the Moroccan National Human rRights observers relating to the case's alleged politicised prosecutions, deficient evidence and excessive sentences; calls thereforeCouncil urging that civilians should not be tried by military tribunals; calls on the Moroccan authorities to continue their work with civil society and other actors to guarantee the transparency and fairness of its judicial processes, and to investigate and prosecute security officials alleged to have been involved in arbitrary detentions, torture and other abuses of power;
Amendment 275 #
2013/2020(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates the concerns of the 2006 OHCHR report about restrictions on freedom of speech, assembly and association in Western Sahara; notes Morocco's claim to allow sit-ins and other forms of protest; regrets Morocco's apparent institutional obstruction of NGOs advocating a pro-independence position by preventing their legal registration and recognition; condemns the often severe punishments for 'undermining Moroccan territorial integrity', an item of legislation reportedly used to target Sahrawis peacefully advocating independence; recalls the findings of the UN Independent Excalls the finding of the UN Independent Expert on cultural rights that there are still barriers to the development of cultural diversity in Western Sahara; draws attention, nonetheless, to the efforts being made by the Moroccan authorities and welcomes, in this connection, the provisions on resperct onfor cultural rights that the Moroccan authorities suppress certain aspects of Sahrawi culture, and repeats her call to overturn such measures and promote full cultural diversityand linguistic diversity that have been included in the new Moroccan constitution;
Amendment 286 #
2013/2020(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Welcomes the significant economic and infrastructural development implemented by the Moroccan Government in Western Sahara; remains concerned, however, by the ongoing dispute over the exploitation of the territory's natural resources, particularly relating to phosphate mines, fisheries, and preliminary oil exploration; recalls the UN Under-Secretary-General for Legal Affairs' advice in 2002, which stressed the Western Saharan people's 'inalienable rights' to their territory's natural resources, and determined that further exploitation 'in disregard of the interests and wishes of the people of Western Sahara' would be illegal; stresses, therefore, that Western Saharan goods and resources should be exempt from any trade agreements between Morocco and the EU unless the Sahrawi population's consent and benefit can be clearly demonstrated; expresses particular concern that the EU should not re- institute a fisheries agreement with Morocco while this controversy remains unresolved;
Amendment 295 #
2013/2020(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Believes that the current situation in Western Sahara should not be used as a pretext for scuppering trade agreements between the EU and Morocco, in particular the fisheries agreement currently under negotiation, given that such agreements are of benefit to the Moroccan population as a whole, including the people living in Western Sahara;
Amendment 330 #
2013/2020(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Notes, nevertheless, the serious and contested allegations against both the Moroccan and Polisario administrations, and recalls the UN Secretary-General's recent emphasis on 'independent, impartial, comprehensive and sustained monitoring of the human rights situation in both Western Sahara and the camps'; notes, in this regard, that the UN did not upgrade the mandate of MINURSO in April 2013 to incorporate a human rights dimension; encourages the UN to do so, or else to establish a new, permanent, impartial human rights body for the purpose of supervising and repdraws attention nonetheless – as the UN Security Council did in Resolution 2099 – to the efforts made by the Moroccan authoriting on the overall situation of human rights, and investigating individual complaints; calls on such a body to encompass the Moroccan-controlled section of Western Sahara, the Tindouf camps, and other territory controlled by the Polisario Frontes to improve the human rights situation in Western Sahara;
Amendment 55 #
2013/2009(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission and on the Member States to monitorimprove the detection and elimination of violations of women’s rights in the labour market, to provide women living abroad for work purposes with all the necessary information, including with regard to access to jobs and training in this field and to social rights and healthcare, and to provide counselling in relation to employment opportunities at no extra cost;
Amendment 60 #
2013/2009(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
(5a) Notes that women, including migrant workers, are much more likely than men to be subject to involuntary part-time working (with 32.1% of women working part-time in the European Union in 2011 as against 9% of men); calls on the Member States to take the necessary measures to discourage employers from recruiting employees on a part-time basis (by requiring justification, abolishing certain tax advantages, etc) and strengthen the rights of women who have no alternative but to work part-time (by means of priority recruitment, job insecurity payments in the event of dismissal, etc);
Amendment 67 #
2013/2009(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Member States to make pay trends more transparent so as to avert continuing or widening pay gaps; asks the Commission to monitor the correct application and effectiveness of Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation; calls on the Commission to propose new measures to penalise and effectively reduce the pay gap between men and women ;
Amendment 249 #
2013/2006(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that public procurement should be an innovation driver and that at least 20 % of procurement contracts should be reserved for companies located in the Union; believes that state aid guidelines should be open for innovation-enhancing policy measures; believes that standardisation and ecolabelling have an important role to play in the uptake of new technologies;
Amendment 319 #
2013/2006(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Acknowledges the importance of the TTIP undertaking and the fact that it is needed in order to facilitate trade; points out, however, that the negotiations must be conducted in such a way as to ensure that our industrial competitiveness is not undermined in any sector; advocates that ithe TTIP should endeavour to phase out fossil fuel subsidies; advocates newly defining the likeness of products by distinguishing them on the basis of their carbon footprint;
Amendment 389 #
2013/2006(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Notes that RISE will require more and better access to training, lifelong learning, fit-for-the-future vocational training and university education, a strong emphasis on the STEM fields, entrepreneurship support and, particularly for women, entrepreneurship support, for example through inclusion in school curricula, and an adequate social safety net together with a second-chance policy;
Amendment 491 #
2013/2006(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Notes that the EU’s south is affected by peripheral location; calls on the Commission to promote a full infrastructure integration of southern economies, and stresses the need to gear the Connecting Europe facility to this effect; stresses also the importance of developing energy infrastructures together with partner countries of the region which are not EU Member States;
Amendment 3 #
2013/2005(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that a competition-driven open European energy market will make for lower prices, as well as enhancing Europe’s competitiveness and contributing to economic growth and consumers’ well- being by virtue of transparent prices, and that, in order to bring this about, the physical, statutory, and regulatory barriers to market efficiency need to be removed urgently;
Amendment 10 #
2013/2005(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission to take steps to bring competition rules to bear on the energy sector, especially as regards the delayed transposition and implementation of the third energy package; calls on the Commission to give details about all the remaining barriers to the implementation of the third energy package, along with clear figures illustrating what their impact has been on consumer energy prices;
Amendment 15 #
2013/2005(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends that, when implementing the energy budget of the ‘Connecting Europe’ Facility, the Commission give priority to projects with the greatest impact in terms of operation of the market, thereby boosting competition, speeding up the market penetration of renewables, and enhancing security of supply; stresses the importance of guaranteeing the protection of critical infrastructure, while also considering the issue of costs being passed on to consumers;
Amendment 255 #
2013/2005(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that an open and transparent internal market, where all EU and third country companies respect the acquis communautaire in the field of energy, can help strengthen the negotiating position of EU energy suppliers vis-à-vis external competitors, which is particularly important for the potential of further coordinating external energy purchasing at the EU level; notes that the reciprocity principle must be used to guide relations with EU energy suppliers; stresses the need for the Commission, in its relations with third country energy suppliers, to take into account, and be transparent about, the impact of its decisions on consumer prices;
Amendment 368 #
2013/2005(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to use its foreign policy instruments to promote the rules and standards of the internal energy market in relation to third countries and, especially, within the EU’s neighbourhood; urges the Commission to resolve, in bilateral dialogues with relevant third countries, the issue of clear rules of congestion management on cross-border gas connections; calls on the Commission to ensure, in its relations with external partners, that EU companies are able to compete on equal footing globally; calls on the Commission to be transparent about all the factors that are still causing problems with the implementation of the Third Energy Package, together with clear figures on their impact on consumer prices;
Amendment 35 #
2013/0409(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings
Amendment 37 #
2013/0409(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to ensure the effectiveness of the right of access to a lawyer by providing assistance by the Member States for persons deprived of liberty at anthe earlyiest stages in the criminal proceedings and for requested persons in surrender procedures pursuant to Council Framework Decision 2002/584/JHA11 (European arrest warrant proceedings). __________________ 11Council 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 38 #
2013/0409(COD)
Proposal for a directive
Recital 2
Recital 2
(2) By establishing minimum rules on the protection of procedural rights of suspects or accused persons, this Directive should strengthen the trust of Member State in criminal justice systems of other Member States and can thus help improve mutual recognition of decisions in criminal matters in order to achieve more effective judicial cooperation within the Union. This Directive seeks to strengthen legal certainty for suspects and accused persons who are deprived of liberty during criminal proceedings.
Amendment 39 #
2013/0409(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
Amendment 40 #
2013/0409(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) On 30 November 2009, the Council adopted a resolution on a Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings. It is proposing to introduce several legislative initiatives including the right to the assistance of a legal adviser and legal aid in criminal proceedings (measure C).
Amendment 41 #
2013/0409(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Three measures on procedural rights in criminal proceedings have been adopted to date, namely Directive 2010/64/EU of the European Parliament and of the Council14 on the right to interpretation and translation, Directive 2012/13/EU of the European Parliament and of the Council15 on the right to information, and Directive 2013/48/EU of the European Parliament and of the Council.166 on the right to access to a lawyer. __________________ 14Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ L 280, 26.10.2010, p. 1). 15Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ L 142, 1.6.2012, p. 1.) 16Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294, 6.11.2013, p. 1).
Amendment 42 #
2013/0409(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Legal aid should cover, fully or in part, the costs of the defence and the proceedings for suspects or accused persons in criminal proceedings and requested persons in European arrest warrant proceedings.
Amendment 44 #
2013/0409(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) In accordance with Directive 2013/48/EU, legal aid is provided within the Member States in accordance with the Charter of Fundamental Rights of the European Union (hereinafter referred to as ‘the Charter’ and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Where suspects or accused persons are deprived of liberty, Member States should make the necessary arrangements to ensure that such persons are in a position to exercise effectively their right of access to a lawyer, including by arranging for the assistance of a lawyer when the persons concerned do not have one, unless they have waived that right. Under this directive, such arrangements could include those on legal aid if applicable.
Amendment 46 #
2013/0409(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 51 #
2013/0409(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order for suspects or accused persons who are deprived of liberty to be in a position to exercise effectively the right of access to a lawyer at the early stages of the proceedings, they should not have to wait for access to a lawyer pending the processing of the application for ordinary legal aid and the assessment of the eligibility criteria for legal aidordinary legal aid. Suspects and accused persons who are deprived of liberty are particularly vulnerable during the very early stages of criminal proceedings. Member States should therefore ensure that effective provisional legal aid is available without undue delay after the deprivation of liberty and before any questioning, and it should be available at least until the competent authority has taken the decision on legal aid and, in cases of full or partial rejection, this decision has become final, or, where the application for legal aid is granted, the appointment of the lawyer by the competent authority has taken effect.
Amendment 54 #
2013/0409(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) This directive should allow for differences in the EU Member States’ legal aid systems. Each Member State shall be responsible for the granting of legal aid, which shall be allocated subject to an assessment of financial means (means test) and/or whether it is in the interests of justice to provide aid in the case concerned (merits test).
Amendment 56 #
2013/0409(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The Member States should ensure that provisional legal aid is provided to the extent necessary and is not limited in a way that prevents the suspects or accused persons from exercising effectively the right of access to a lawyer as provided for in particular in Article 3(3) of Directive 2013/48/EU.
Amendment 65 #
2013/0409(COD)
Proposal for a directive
Recital 13
Recital 13
(13) To ensure the effective access to a lawyer in the executing Member State for requested persons, Member States should ensure that such persons have access to legal aid until the surrender, or, in cases of non-surrender, until the decision on surrender has become final. The right to legal aid may be subject to an assessment of the means of the requested person and/or whether it is in the interests of justice to provide legal aid, in Member States in which legal aid is subject to a means test, and/or an assessment of whether it is in the interests of justice to provide legal aid, in Member States in which legal aid is subject to a merits test, according to the applicable eligibility criteria in the executing Member State in question.
Amendment 70 #
2013/0409(COD)
Proposal for a directive
Recital 15
Recital 15
(15) This Directive provides for the right to provisional legal aid and ordinary legal aid for children deprived of liberty and to legal aid for children that are requested in European arrest warrant proceedings. Children deprived of liberty are particularly vulnerable so particular attention should be given to them in accordance with the proposal for a directive of the European Parliament and of the Council on procedural safeguards for children suspected or accused in criminal proceedings.
Amendment 74 #
2013/0409(COD)
Proposal for a directive
Recital 16
Recital 16
(16) When implementing this Directive, Member States should ensure the respect of the fundamental right of legal aid as provided for in Articles 47(3) of the Charter and Article 6(3)(c) ECHR and ensure that legal aid is available to those who do not have sufficient resources to pay for legal assistance when the interest of justice so requires, in accordance with the rules in force in the Member States.
Amendment 79 #
2013/0409(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should collect relevant data showing how the right to legal aid for suspects or accused persons and requested persons have been accessed. Member States should also collect data on the number of cases where provisional legal aid was provided for suspects or accused persons deprived of liberty, as well as for requested persons, and the number of cases where this right was not exercised. Such data should include the number of requests for legal aid in European arrest warrant proceedings when the Member State acts as issuing and executing State, as well as the number of cases where these requests were granted. Data on the costs for providing provisional legal aid for persons deprived of liberty and for requested persons should also be collected. Those data should be used as the basis for an assessment of the effectiveness of Europe’s legal systems.
Amendment 81 #
2013/0409(COD)
Proposal for a directive
Recital 19
Recital 19
(19) This Directive sets minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection. Such higher level of protection should not constitute an obstacle to the mutual recognition of judicial decisions that those minimum rules are designed to facilitate. The level of protection should never fall below the standards provided by the Charter or the ECHR, as interpreted in the case-law of the Court of Justice and of the ECtHR. Under no circumstances may this Directive be interpreted as restricting the rights and guarantees afforded by national legal systems which offer a higher level of protection.
Amendment 84 #
2013/0409(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the right to provisional legal aid and to ordinary legal aid for suspects or accused persons in criminal proceedings who are deprived of liberty, and
Amendment 86 #
2013/0409(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) the right to provisional legal aid and to ordinary legal aid for requested persons who are subject to European arrest warrant proceedings.
Amendment 87 #
2013/0409(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive complements Directive 2013/48/EU on the right of access to a lawyer. Nothing in this Directive shall be interpreted as limiting the rights provided for in that Directive.
Amendment 100 #
2013/0409(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) provisional legal aid means legal aid to a person deprived of liberty from the initial stages in proceedings until the decision on legal aid has been taken,
Amendment 122 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Provisional legal aid shall be ensured until the final decision on ordinary legal aid has been taken and comes into effect, or, where the suspects or accused persons are granted legal aid, the appointment of the lawyer has taken effect.
Amendment 138 #
2013/0409(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Access to ordinary legal aid 1. Member States shall ensure that the persons referred to in Article 4(1) have access to ordinary legal aid in accordance with the rules in force in the Member States in cases where they lack sufficient financial resources to meet some or all of the costs of the defence and the proceedings (‘means test’) and/or when such aid is required in the interests of justice (‘merits test’). Member States shall ensure that ordinary legal aid is provided to the extent necessary to effectively exercise the right of access to a lawyer under Directive 2013/48/EU, in particular having regard to Article 3(3) of that Directive. 3. Member States shall draw up clear and precise criteria for determining whether or not to grant legal aid. They shall ensure that information on the granting of legal aid in criminal proceedings is accessible to and readily understandable for the persons concerned.
Amendment 144 #
2013/0409(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The right to legal aid referred to in paragraphs 1 and 2 may be subject to an assessment of the means of the requested person in Member States in which legal aid is subject to a means test and/or whether it is in the interests of justice to provide legal aid in Member States in which legal aid is subject to a merits test, according to the applicable eligibility criteria in the Member State in question.
Amendment 148 #
2013/0409(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Legal aid quality guarantees 1. Member States shall be responsible for taking the necessary action to guarantee that the legal aid services provided are of a sufficiently high standard to ensure that the right to due process is upheld. Member States shall accordingly take effective steps to ensure that the services provided by the lawyers that have been assigned to cases afford suspects and accused persons deprived of liberty a high-quality defence. 2. Such guarantees may include accreditation systems for legal aid lawyers. Appropriate training for staff with responsibility for legal aid matters may also be provided.
Amendment 153 #
2013/0409(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall collect relevant data with regard to how the rights in Articles 4 and Article 5, 4a, 5 and 5a have been implemented.
Amendment 60 #
2013/0164(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The international dimension of Copernicus is of particular relevance in the exchange of data and information, as well as in access to observation infra-structure. Such an exchange system is more cost- efficient than data-buy schemes and strengthens the global dimension of the programme, and it should be ensured that the information and data thus exchanged is properly protected.
Amendment 64 #
2013/0164(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should have the overall responsibility for the Copernicus programme. It should define its priorities and objectives, in coordination with all the stakeholders, and ensure the overall coordination and supervision of the programme.
Amendment 70 #
2013/0164(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to achieve the objective of Copernicus on a sustainable basis, it is necessary to coordinate the activities of the various partners involved in Copernicus, and to develop, establish and operate a service and observation capacity meeting the demands of users. In this context, a committee should assist the Commission in ensuring the coordination of contributions to Copernicus by the Union, the Member States and, inter-governmental agencies and companies, making the best use of existing capacities and identifying gaps to be addressed at Union level. It should also assist the Commission in monitoring the coherent implementation of Copernicus.
Amendment 76 #
2013/0164(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to take into account possible security risks as well as bandwidth and other technical limitations, 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 the data requirements necessary for the operational services, the conditions and procedures regarding access to, registration and use of Copernicus data and information, the conditions and procedures for the transmission and use of satellite data transmitted to receiving stations not part of the Copernicus programme and for the archiving of Copernicus data and information, the specific technical criteria necessary to prevent he disruption of the Copernicus data and information system and the criteria for the restriction of dissemination of Copernicus data and information due to conflicting rights or security interests, as well as the criteria for the performance of the security assessment. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and with representatives of users and industry. 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 95 #
2013/0164(COD)
Proposal for a regulation
Article 2 – paragraph 4 – point b a (new)
Article 2 – paragraph 4 – point b a (new)
(ba) development of a competitive European space industry and a strong partnership with companies in the space sector, promoting innovation, employment and growth.
Amendment 113 #
2013/0164(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall have the overall responsibility for the programme. It shall define the priorities and objectives of the programme, in coordination with all the representatives of users and industry, and oversee its implementation, in particular with respect to the cost, schedule and performance.
Amendment 116 #
2013/0164(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The Commission shall maintain a transparent and regular user involvement of, and consultation with, users and all other stakeholders, enabling identification of user requirements at Union and national levels.
Amendment 127 #
2013/0164(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The choice of the Union body shall take due account of the state of the market, the cost efficiency of entrusting those tasks and the impact on the body'’s governance structure and on its financial and human resources.
Amendment 133 #
2013/0164(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Copernicus data and information shall be made available on a full, open and free-of- charge basis, subject to the following limitations for all participating Member States, for emergency situations and for development aid purposes. In all other cases, an access policy based on data protection and fair exchange shall apply. Other limitations on the policy of full, open and free-of-charge access include:
Amendment 147 #
2013/0164(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission may be assisted by representatives of end users, and all other stakeholders, by independent experts, in particular on security issues, and by representatives of the relevant national agencies, in particular national space agencies, to provide it with the necessary technical and scientific expertise and user feedback.
Amendment 158 #
2013/0164(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. No later than [two years after the Regulation comes into force], the Commission will compile a report evaluating the Copernicus data and information policy in the light of its results, the benefits for the economy generally and the effect on associated markets;
Amendment 65 #
2013/0064(COD)
Proposal for a decision
Article 3 – point a
Article 3 – point a
(a) the establishment and operation of a sensor function consisting of a network of ground-based or space-based existing national sensors, and expansion of that network by upgrading existing sensors or installing new sensors where necessary, in order to survey and track space objects completely independently;
Amendment 6 #
2012/2308(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 11 #
2012/2308(INI)
Motion for a resolution
Citation 10
Citation 10
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 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 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 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 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 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 51 #
2012/2308(INI)
Motion for a resolution
Recital M
Recital M
Amendment 59 #
2012/2308(INI)
Motion for a resolution
Recital M – footnote 5
Recital M – footnote 5
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 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 74 #
2012/2308(INI)
Motion for a resolution
Recital Q
Recital Q
Amendment 86 #
2012/2308(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
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 96 #
2012/2308(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Considers that decentralisation of the legislative authority away from Brussels strengthens its independence;
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 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 124 #
2012/2259(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that levels of public and political acceptance of renewable energy differ and that the availability of public and private financing to promote RES varies widely; notes that public and political acceptance of renewable energy can only be secured by ensuring total transparency as regards the costs and consequences thereof for consumers;
Amendment 318 #
2012/2259(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that the further development of RES will entail permanent landscape change in Europe ; points out that the only way to win public acceptance of RES infrastructures is through transparent planning, construction and licensing procedures, in which all the stakeholders are involved;
Amendment 442 #
2012/2259(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the Commission’s declared intention to draw up guidelines on good practice and the reform of national support arrangements; takes the view that this must be done in close collaboration with market operators so as to guarantee predictability of the rules and stakeholder confidence ; calls on the Commission to produce the guidelines as soon as possible but is convinced that good-practice guidelines are only a first step and that efforts need to be directed at harmonisation through progressively winding down the national support systems, although they must not be retrospectively amended or cancelled because that would send out disastrous signals to investors; ,
Amendment 457 #
2012/2259(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Is convinced that only an EU-wide system for promoting RES will offer the most cost-effective framework in which their full potential can be realised; sees decisive advantages in a technology- neutral European market for renewables,energy market in which producers will have to cover a pre-determined quota of their energy output from RES, and in which one of the ways of reaching that quota will be through the trading of certificates on a market established for that purpose; notes the evidence of experience in the Member States that, in order to ensure quotas are met, heavy fines must be imposed for failure to meet themachieve a single objective clearly established in advance;
Amendment 487 #
2012/2259(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to bring forward, without delay, a proposal for a European support system in which a market for renewable-energy certificates will make for EU-wide competition among the various technololimit immediately the proliferation of environmental legislation, so as to ensure stability, simplicity and clarity; takes the view that an increasing number of overlapping environmental objectives could in practice be hard to achieve; considers it necessary to guarantee an efficient and reliable European carbon market to stimulate investment in clean and renewable energies;
Amendment 39 #
2012/2225(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Supports the Commission’s aim of enhancing synergies between trade and development policies; recommends that it award priority, in these policies, to measures aimed at creating jobs, improving the trade and investment climate, resistance to economic shocks, fiscal governance and diversification of trade and investment flows, and promoting sustainable and inclusive development;
Amendment 46 #
2012/2225(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Encourages the DCs to mainstream the objective of economic development into the respective policies, strategies and measures they initiate at national level; Calls on the Commission to strengthen the capacity of governments to incorporate sustainable and inclusive development considerations into their national trade strategies and programmes;
Amendment 23 #
2012/2224(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the negative trade and development effects on developing countries of the Common Agricultural Policy must be eliminatedassessed and taken into account more effectively;
Amendment 35 #
2012/2224(INI)
Motion for a resolution
Recital N
Recital N
N. whereas investing in opportunities for women generally deliversis essential in order to achieve high returns in terms of economic and social development;
Amendment 46 #
2012/2224(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for full implementation of Policy Coherence for Development, including through termination of any iniquitous production and trade practices, of over- fishing and of agricultural subsidies thatidentifying practices likely to harm development and threaten food security;
Amendment 65 #
2012/2224(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 76 #
2012/2224(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the EU to further lower trade barriers and trade-distorting subsidies in order to help developing countries increase their share of global trade; calls for the abolition of agricultural export subsidies, committed to in the WTO Doha Development Round, to be implemented at the earliest possible date;
Amendment 98 #
2012/2224(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on EU-based companies with production facilities in developing countries to abide by obligations to respect human rights and freedoms, social and environmental standards, equality between women and men, core labour standards and international agreements;
Amendment 13 #
2012/2134(INI)
Motion for a resolution
Recital B
Recital B
B. whereas SMEs aremake up more than 98% of Europe’s businesses and provide more than 67% of jobs in the Union; whereas they are thus the backbone of the European Union economy and important drivers of growth and employment within the 27 Member States;
Amendment 31 #
2012/2134(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that, because of the crisis, many SMEs have difficultiese aggravating effect of the crisis on the difficulties which many SMEs have in accessing finance and the fact that SMEs need to comply with more stringent regulatory criteria than before;
Amendment 49 #
2012/2134(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reminds the Commission that SMEs across Europe are very heterogeneous, ranging from very traditional, family-run businesses to fast-growing enterprises, high-tech firms and start-ups, and that approaches to assisting them must be equally diverse;
Amendment 53 #
2012/2134(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that the Commission’s Action Plan rightly places a lot of emphasis on venture capital as a possible mode of growth finance but that this kind of funding is adequate only for a small number, currently used by just 7% of SMEs, is adequate only for a small number of them; emphasises, on the other hand, that bank loans remain the main source of funding for 63% of SMEs;
Amendment 67 #
2012/2134(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Alerts the Commission to the fact that a lot of new and more stringent regulation has been put in place without an overall and inclusive impact assessment; urges the Commission to come forward with such an assessment, specifically focusing on SMEs; emphasises that any future measures potentially affecting SMEs must, as a basic requirement, take account of their needs and the challenges they face;
Amendment 76 #
2012/2134(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that entrepreneurs’ lack of knowledge about basic finance limits the quality of business plans and thus also the success of a credit application; therefore calls on the Commission and the Member States to provide professional training support to potential entrepreneurs, making it accessible to as many of them as possible;
Amendment 82 #
2012/2134(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that a course of entrepreneurship should be included in basic education systems from secondary level onwards; believes that a well- prepared business plan is the first step towards better access to finance; calls on the Commission and the Member States to include financial education in their education programmes without any delay;
Amendment 88 #
2012/2134(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that lack of awareness of existing SME support programmes and sources of funding is a barrier to the creation and development of SMEs; considers, therefore, that the introduction of arrangements for informing entrepreneurs and potential entrepreneurs in simplified terms and on a regular basis about training initiatives, EU funding and programmes for SMEs is indispensable;
Amendment 92 #
2012/2134(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that guidance for entrepreneurs who have gone bankrupt is indispensable with a view to offering them a second chance and in order not to discourage risk taking;
Amendment 10 #
2012/2104(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. ConsiderAcknowledges that the ‘gold-plating’ of EU environmental legislation by Member States can have a perverse effect in terms of reducing the acceptance of such legislation; calls on the Member States, if they wish to go further than required by EU directives only where, to determine whether there is a clear and popularly accepted need to do so;
Amendment 16 #
2012/2104(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that high standards of information and transparency concerning environmental legislation and the application of EU rules are essential to ensure that EU environmental policy meets with the citizens’ consentis better known and understood by citizens;
Amendment 20 #
2012/2104(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Applauds the introduction of environmental impact assessments; nevertheless, urges that they be developed in full coherence with more traditional impact assessments, in particular with respect to their effect on the needs of small and medium-sized businesses and residents, as well as on flora and fauna;
Amendment 20 #
2012/2103(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises the benefits to Member States of working together for an energy system transformation which must start now; endorses, therefore, the Commission’s Energy Roadmap 2050 as the basis for proposing legislative and other initiatives on energy policy with a view to developing a policy framework for 2030, including milestones and targets, with the aim of establishing an ambitious and stable legal and regulatory framework; notes that defining energy targets for 2050 assumes pan-European governance; pursues, within the spirit of the Union, a strategy that will allow Member States to cooperate and not feel repressed under the Roadmap;
Amendment 36 #
2012/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the proposed strategies for 2030 and 2050 are not of a deterministic nature, but rather serve as a basis for constructive dialogue on issues relating to industry, research and energy; stresses, however, the need to establish a stable legal and regulatory framework with explicit, quantifiable targets with a view to predicting future developments and encouraging long-term investment;
Amendment 55 #
2012/2103(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the importance of the EU’s energy policy amidst the financial crisis; emphasises the role that energy could potentially plays in spurring growth and competitiveness in the EU; calls on the Commission to propose post-2020 strategies and to present a 2030 policy framework for European energy policy; encourages the Member States to step up their ongoing efforts to reach the current 2020 targets in the area of EU energy policy;
Amendment 80 #
2012/2103(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a clear and stable policy and regulatory framework will stimulate the necessary investments for low-carbon energy investments; Underlines the importance of an energy strategy focused on increasing the EU’s energy security and economic competitiveness through measures such as the diversification of supply routes and sources, and energy efficiency;
Amendment 257 #
2012/2103(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that, as Member States pursue the goal of energy security and energy independence, emphasis needs to be shifted towards a model of energy interdependence by ensuring the swift completion of the EU internal energy market and the EU supergrid infrastructure linking North and South, and East and West; highlights the importance of ensuring that policy and regulatory developments in Member States will eliminate remaining infrastructure ‘bottlenecks’ and will not create new barriers to electricity and gas or energy market integration; stresses, moreover, that energy policy decisions in each national system need to take account of how such decisions could affect other Member States;
Amendment 268 #
2012/2103(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need for a fully integrated market by 2014; notes the importance of full implementation of the internal energy market legislation in all Member States and the need to ensure that no Member State or region remains isolated from the European gas and electricity networks after 2015 or sees its energy security jeopardised by lack of appropriate connections; highlights the need to take the social impact into account while making sure that energy prices better reflect costs; this necessitates increased competition, which would also lead to greater transparency in energy prices;
Amendment 287 #
2012/2103(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Highlights the new challenges, such as the need for flexible resources in the power system (e.g. flexible generation, storage, demand management), that will arise as the contribution of variable renewable generation increases; stresses the need to have sufficient capacity available to ensure security of electricity supply; highlights, therefore, the need for public authorities to foster the development of these technologies; stresses, in this regard, that policy developments in Member States should not create new barriers to electricity- or gas-market integration;
Amendment 292 #
2012/2103(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is concerned by the delays affecting the completion of the Southern Corridor; stresses the need to achieve energy security through energy diversificationStresses that the European Union’s energy security is dependent on greater diversification among its sources of imports; highlights, therefore, the need to actively strengthen cooperation with its partners, particularly the countries of the Caucasus region; is thus concerned by the delays affecting the completion of the Southern Corridor; emphasises the potential of a complementary LNG corridor in the East Mediterranean to serve as a flexible source of energy and an incentive for increased competition within the EU internal energy market;
Amendment 316 #
2012/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Member States and the international community to maintain, foster and develop educational institutions capable of producing skilled labour force in the areas of energy safety, security and waste management;
Amendment 336 #
2012/2103(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Agrees with the Commission that natural gas will be critical forplay a key role in the transformation of the energy system, since it represents a quick and cost-efficient way of reducing reliance on other more polluting fossil fuels, thereby lowering greenhouse gas emissions;
Amendment 340 #
2012/2103(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. RecognisesAdvocates, however, looking into affording greater importance to gas, particularly if technologies for carbon capture and storage become more widely available; believes that the objective of reducing greenhouse gas emissions must be the core consideration here, and the prevailing objective in the energy mix; recognises, therefore, the key role of gas, both in the transition to a low-carbon energy system and as a flexible back-up, and in balancing capacity where renewable energy supplies are variable;
Amendment 391 #
2012/2103(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses that new nuclear technologies could make a significant contribution to producing cheap, safe and clean energy, and should, therefore, be encouraged; the development of such technologies must entail maintaining stringent safety standards for nuclear plants and research into and the development of innovative waste management processes;
Amendment 493 #
2012/2103(INI)
Motion for a resolution
Paragraph 32 bis (new)
Paragraph 32 bis (new)
32a. Wishes to highlight the key role of price transparency and consumer information; therefore considers that it is up to the Commission to determine as accurately as possible the impact on energy prices paid by individuals and businesses in the various scenarios chosen;
Amendment 7 #
2012/2102(INI)
Motion for a resolution
Recital A
Recital A
A. whereas many women, in particular young women, were very much involved in the ‘Arab Spring’ in North Africa (Egypt, Libya, Tunisia, Morocco), participating, from the outset, in demonstrations and elections, taking an active part in civil society, in the social media and on blogs, among other things, and therefore were, and still are, key players in democratic change in their countries;
Amendment 11 #
2012/2102(INI)
Motion for a resolution
Recital B
Recital B
B. whereas these countries are going through a process of democratic transition and of changing or adapting their constitutions, in which women, whether parliamentarians, elected officials or civil society representatives, are actively and consistently involved; whereas the result of this process will shape the countries’ democratic functioning and fundamental rights and freedoms, and will have an impact on the status of women;
Amendment 43 #
2012/2102(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the authorities of the countries concerned to enshrine in their constitution the principle of equality between men and women, as in Morocco, and the prohibition of all forms of discrimination against women and to reform all existing laws that discriminate against women, including in the area of marriage, divorce, child custody, parental rights, nationality, inheritance, legal capacity, etc., in line with international and regional instruments;
Amendment 64 #
2012/2102(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the North African countries to adopt laws and concrete measures prohibiting all forms of violence against women, including domestic and sexual violence and sexual harassment; welcome the recent campaign against domestic violence launched by the Tunisian Minister for Women and Family Affairs, and the ongoing commitment to this cause on the part of Morocco, which in 2012 organised its tenth national campaign to tackle violence against women;
Amendment 85 #
2012/2102(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Commends those fact that more and more states win the region have decided to raise the legal age of marriage for girls has been raised over the past decades (16 in Egypt, 18 in Morocco and 20 in Tunisia and Libya) and condemns any attempt to lower it again as early marriages are not only detrimental to girls’ rights, health and education but also perpetuate poverty;
Amendment 111 #
2012/2102(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Insists that, as in Europe, the representation of women should be enhanced at all levels of decision-making, particularly in institutions, political parties, trade unions and the public sector (including the judiciary), and stresses that women are often well represented in a number of sectors but that are less present in high- level positions, partly due to the glass ceiling;
Amendment 116 #
2012/2102(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Commends those countries, like Tunisia and Morocco, where efforts in favour of girls’ education have been stepped up; reaffirms, nevertheless, that better access to education, and especially to higher education, should be provided for women and girls; points out that some efforts remain to be done to eradicate women’s illiteracy, in Morocco for example, and that emphasis should be placed on vocational training including courses to promote women’s digital literacy;
Amendment 132 #
2012/2102(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that micro-finance is a very useful tool to empower women, and recalls that investing in women often means investing in families and in communities and helps to eradicate poverty; recalls that micro-finance goes beyond credit and also implies management, financial and commercial advise; draws attention to the considerable expansion in micro-finance in Morocco, where it could lead to the creation of millions of new jobs by 2020;
Amendment 16 #
2012/2099(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of cohesion policy, and of the financial resources allocated to it, for the full development of energy storage and transmission infrastructure and networks between the Member States and all regions of the EU, including the outermost regions, for the completion and functioning of the internal energy market, for security of supply and for achieving the goal of convergence among EU regions; stresses that no region of the Member States should remain isolated from European gas and electricity networks after 2015 or suffer from inadequate connection to energy networks;
Amendment 22 #
2012/2098(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Insists, in order to ensure that the implementation of the new EU CSR strategy promotes the interests of society’s interests, the all its diversity, respect for human rights, and a route to sustainable and inclusive recovery and development, that the legislative proposal on the mandatory disclosure of non- financial information (including environmental, social, and governance information) of companies ensures transparency by providing a clear, unambiguous, common and predetermined framework, with specific reference to human rights, that is fully aligned with the UN Guiding Principles and based on objective indicators, such as the gender pay gap or women in senior posts, and indicators and reporting guidelines referring to disability;
Amendment 22 #
2012/2097(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Insists, in order to ensure that the implementation of the new EU CSR strategy promotes the interests of society’s interests, the all its diversity, respect for human rights, and a route to sustainable and inclusive recovery and development, that the legislative proposal on the mandatory disclosure of non- financial information (including environmental, social, and governance information) of companies ensures transparency by providing a clear, unambiguous, common and predetermined framework, with specific reference to human rights, that is fully aligned with the UN Guiding Principles and based on objective indicators, such as the gender pay gap or women in senior posts, and indicators and reporting guidelines referring to disability;
Amendment 97 #
2012/2096(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recognises the need for an assessment of the overall level of cyber attacks against EU information systems and infrastructure; highlights, in this context, the need for continuous assessment of the degree of preparedness of EU institutions to tackle potential cyber attacks; places particular emphasis on the need to strengthen critical information infrastructure;
Amendment 129 #
2012/2096(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Encourages the Member States to introduce specialised courts at regional level geared to ensuring that attacks on information systems are punished more effectively; stresses the need to encourage the adaptation of national laws so that they can be adjusted to developments in techniques and uses;
Amendment 130 #
2012/2096(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges the Member States to develop national contingency plans and to include cyber crisis management in crisis management plans and risk analysis; further underlines the importance of adequate training on essential cyber security for all staff in public entities, and in particular of providing suitable training for members of judicial and security institutions within the training bodies; calls on ENISA and other relevant bodies to assist Member States in ensuring the pooling and sharing of resources as well as avoiding duplication;
Amendment 132 #
2012/2096(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Member States to make research and development one of the core pillars of cyber security and defence and to encourage the training of engineers specialised in protecting information systems; calls on the Member States to live up their commitment to increase defence expenditure on research and development to at least 2 %, with particular regard to cyber security and defence;
Amendment 52 #
2012/2040(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Supports the involvement of all the parties concerned in the further development of common technical and security standards for payment schemes; notes that these parties may include – but are not necessarily restricted to – the European Payments Council (EPC), consumer organisations, representatives of merchants and retailers, the European Banking Authority, the Single Euro Payments Area (SEPA) Council, the Commission, experts in various fields, non- banking payment service providers and, representatives of mobile, internet and card payment providers and mobile network operators;
Amendment 56 #
2012/2040(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that any standardisation and interoperability requirements should be aimed at enhancing the competitiveness of the European payments market and the security of payments for users, and should not impose unnecessary barriers in comparison with the global market;
Amendment 60 #
2012/2040(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the separation of payment infrastructures from payment schemes could increase competition as smaller players would not be blocked out due to technical constraints; recalls that supporting the competitiveness of SMEs is a key component of the European Union's growth strategy;
Amendment 130 #
2012/2040(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that the final responsibility for security measures relating to different payment methods cannot lie with customers, but that they should be informed about security precautions, and considers, therefore, that educational programmes and public information campaigns should be encouraged with a view to increasing public awareness and knowledge of digital security issues in particular;
Amendment 43 #
2012/2030(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States to draw up national cyber-incident contingency plans to cope with cyber-disruptions or cyber- attacks with cross-border relevance; recommends encouraging cyber-security training and education programmes, both for members of the public and for experts and professionals;
Amendment 80 #
2012/2005(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that end energy-consumers – individuals and industry alike – are at the very core of the user-friendly internal energy market; notes that, as such, they must be duly protected, and able to exercise their rights fully, while encouraged to play a more active role in stimulating market competition, moving from passive service recipients to active informed consumers and prosumers; takes the view that greater price transparency will be needed to achieve this;
Amendment 191 #
2012/2005(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that investment in infrastructure needs to be encouraged through stable and innovation-friendly regulatory frameworks, recognising that it cannot be achieved unless market-driven; recognises, however, that, in certain cases, key infrastructure may not be commercially viable, thus requiring public funding; stresses the importance of critical infrastructure, taking into account the impact of costs on consumers;
Amendment 1 #
2012/0806(NLE)
Motion for a resolution
Recital F
Recital F
F. whereas, from the creation of the ECB, up until the departure of Ms Tumpel- Gugerell, there had always been a female member of the Executive Board, so that it should come as an evident and necessary requirement;
Amendment 4 #
2012/0806(NLE)
Motion for a resolution
Recital L
Recital L
L. whereas gender diversity in boards and, governments and public bodies ensure broader competence and wider perspectives, and whereas recruiting only men or only women means a more narrow selection and the risks of missing out on potentially excellent candidates;
Amendment 50 #
2012/0299(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures (Text with EEA relevance)
Amendment 75 #
2012/0299(COD)
Proposal for a directive
Recital 14
Recital 14
(14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non- executive directors on the basis of an objective comparative assessment of the qualifications of candidates in terms of suitability, competence and professional performance is necessary in order to attain gender balance among non-executives directors. Only an EU-level measure can effectively help to ensure a competitive level-playing field throughout the Union and avoid practical complications in business life.
Amendment 97 #
2012/0299(COD)
Proposal for a directive
Recital 20
Recital 20
(20) All board systems distinguish between executive directors, who are involved in the daily management of the company, and non-executive directors who are not involved in the daily management, but do perform a supervisory function. The quantitative objectives provided for in this Directive should apply only to the non- executive directors in order to strike the right balance between the need to increase the gender diversity of boards and the need to minimise interference with the day-to-day management of a company. As the non-executive directors perform supervisory tasks, it is also easier to recruit qualified candidates from outside the company and to a large extent also from outside the specific sector in which a company operates – a consideration which is of importance for areas of the economy where members of a particular sex are especially under- represented in the workforcto all directors, both executive and non-executive.
Amendment 103 #
2012/0299(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre- established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020. Therefore, the Directive establishes the objective of at least 40 per cent of non- executive directors of the under- represented sex by that date. This objective in principle only concerns the overall gender diversity among the executive and non-executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case. In particular, it does not exclude any particular candidates for director positions, nor does it impose any individual directors on companies or shareholders. The decision on the appropriate board members thus remains with the companies and shareholders.
Amendment 110 #
2012/0299(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Member States exercise a dominant influence over listed companies which are public undertakings within the meaning of Article 2(b) of Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings, as well as on financial transparency within certain undertakings. Due to that dominant influence, they have the instruments at their disposal to bring about the necessary change more rapidly. Therefore, in such companies the objective of least 40 per cent of non-executive directors of the under-represented sex should be set at an earlier date.
Amendment 114 #
2012/0299(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Determining the number of non- executive director positions necessary to meet the objective requires further specification since for most board sizes it is mathematically possible only to go beyond or remain below the exact share of 40 per cent. Therefore, the number of board positions necessary to meet the objective should be the number closest to 40 per cent. At the same time, in order to avoid discrimination of the initially over- represented sex, listed companies should not be obliged to appoint members of the under-represented sex to half or more of the non-executive board positions. Thus, for example, members of the under- represented sex should hold at least one position on boards with three or four non- executive directors, at least two positions on boards with five or six non-executive directors, and at least three positions on boards with seven or eight non-executive directors.
Amendment 117 #
2012/0299(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In line with that case-law, Member States should ensure that the selection of the best qualified candidates for non- executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre- established, clear, neutrally formulated and unambiguous criteria. Examples of types of selection criteria that companies could apply include professional experience in managerial and/or supervisory tasks, knowledge in specific relevant areas such as finance, controlling or human resources management, leadership and communication skills and networking abilities. Priority should be given to the candidate of the under-represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability, competence and professional performance, and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex.
Amendment 139 #
2012/0299(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 142 #
2012/0299(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 149 #
2012/0299(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities and in their annual report in order to enable them to assess the progress of each listed company towards gender balance among directors. Such information should be published and, where the company in question has not met the objective, it should include a description of the measures that it has taken so far and intends to take in the future in order to meet the objective.
Amendment 153 #
2012/0299(COD)
Proposal for a directive
Recital 37
Recital 37
(37) While some Member States have taken regulatory action or encouraged self- regulation with mixed results, the majority of Member States have not taken action or indicated their willingness to act in a way that would bring about sufficient improvement. Projections based on a comprehensive analysis of all available information on past and current trends as well as intentions show that a balanced gender representation among non- executive board members across the Union in line with the objectives set out in this Directive will not be achieved by Member States acting individually at any point in the foreseeable future. In the light of those circumstances and given the growing discrepancies between Member States in terms of the representation of women and men on company boards, the gender balance on corporate boards across the Union can only be improved through a common approach, and the potential for gender equality, competitiveness and growth can be better achieved through coordinated action at Union level rather than through national initiatives of varying scope, ambition and effectiveness. Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale and effect of action, 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.
Amendment 159 #
2012/0299(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down measures to ensure a more balanced representation of men and women among the non-executive directors of listed companies by establishing measures aimed at accelerated progress towards gender balance while allowing companies sufficient time to make the necessary arrangements.
Amendment 167 #
2012/0299(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Objectives with regard to non-executive directors
Amendment 172 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 180 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The number of non-executive director positions necessary to meet the objective laid down in paragraph 1 shall be the number closest to the proportion of 40 per cent, but not exceeding 49 per cent.
Amendment 185 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In order to attain the objective laid down in paragraph 1, Member States shall ensure that, in the selection of non-executive directors, priority shall be given to the candidate of the under-represented sex if that candidate is equally qualified as a candidate of the other sex in terms of suitability, competence and professional performance, unless an objective assessment taking account of all criteria specific to the individual candidates tilts the balance in favour of the candidate of the other sex.
Amendment 201 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 206 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 212 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall require listed companies to provide information to the competent national authorities and in their annual report, once a year as from [two years after adoption], about the gender representation on their boards, distinguishing between non-executive and executive directors and about the measures taken in view of the objectives laid down in Article 4(1) and in paragraph 1 of this Article, and to publish that information in an appropriate and easily accessible manner in the annual report and on their website.
Amendment 239 #
2012/0299(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Without prejudice to Article 4(6) and (7), Member States which before the entry into force of this Directive have already taken measures to ensure a more balanced representation of women and men among the non-executive directors of listed companies may suspend the application of the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5), provided that it can be shown that those measures enable members of the under- represented sex to hold at least 40 per cent of the non-executive director positions of listed companies by at the latest 1 January 2020, or at the latest 1 January 2018 for listed companies which are public undertakings.
Amendment 248 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Member States in question shall ensure that listed companies, which by applying the national measures referred to in Article 8(3) have not appointed or elected members of the under-represented sex for at least 40 per cent of the non-executive director positions of their boards by 1 January 2018, where they are public undertakings, or by 1 January 2020, where they are not public undertakings, apply the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5). with effect respectively from those dates.
Amendment 31 #
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, giving priority to the provision of basic foods and goods which are necessities for life, 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 and efficient implementation of the operational programme.
Amendment 79 #
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 - as a first priority - and basic consumer goods for the personal use of homeless persons or of children are distributed to the most deprived persons through partner organisations selected by Member States.
Amendment 85 #
2012/0295(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Fund may support accompanying measures, complementing the provision of food and goods, contributing to the social inclusion of the most deprived persons. However, the provision of basic foods and goods should remain the priority.
Amendment 98 #
2012/0295(COD)
Proposal for a regulation
Article 5 – paragraph 12
Article 5 – paragraph 12
(12) Member States and beneficiaries shall choose the food products and the goods on the basis of objective criteriaand fair criteria which ensure that priority is given to the provision of basic foods and goods. The selection criteria for the food products, and where appropriate for goods, shall also take into consideration climatic and environmental aspects, in particular with a view to reduction of food waste.
Amendment 117 #
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, possibly, the accompanying measures to be provided, having regard to the results of the ex ante evaluation carried out in accordance with Article 14;
Amendment 131 #
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 (e) that deliver directly the food or goods shallmay themselves undertake activities complementing the provision of material assistance, aiming at the social inclusion of the most deprived persons, if they have the means to do so, whether or not these activities are supported by the Fund.
Amendment 189 #
2012/0295(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
Amendment 182 #
2012/0011(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure a consistent level of protection for individuals throughout the Union and to prevent divergences hampering the free movement of data within the internal market, a Regulation is necessary to provide legal certainty and transparency for economic operators, including micro, small and medium-sized enterprises, and to provide individuals in all Member States with the same level of legally enforceable rights and obligations and responsibilities for controllers and processors, to ensure consistent monitoring of the processing of personal data, and equivalent sanctions in all Member States as well as effective co-operation by the supervisory authorities of different Member States. To take account of the specific situation of micro, small and medium-sized enterprises, this Regulation includes a number of derogations. In addition, the Union institutions and bodies, Member States and their supervisory authorities are encouraged to take account of the specific needs of micro, small and medium-sized enterprises in the application of this Regulation, in consultation with relevant stakeholders. The notion of micro, small and medium-sized enterprises should draw upon Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises.
Amendment 302 #
2012/0011(COD)
Proposal for a regulation
Recital 130
Recital 130
(130) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission for: specifying standard forms in relation to the processing of personal data of a child; standard procedures and forms for exercising the rights of data subjects; standard forms for the information to the data subject; standard forms and procedures in relation to the right of access;, the right to data portability; standard forms in relation to the responsibility of the controller to data protection by design and by default and to the documentation; specific requirements for the security of processing; the standard format and the procedures for the notification of a personal data breach to the supervisory authority and the communication of a personal data breach to the data subject; standards and procedures for a data protection impact assessment; forms and procedures for prior authorisation and prior consultation; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country or a territory or a processing sector within that third country or an international organisation; disclosures not authorized by Union law; mutual assistance; joint operations; decisions under the consistency mechanism. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers. In this context, the Commission should consider specific measures for micro, small and medium-sized enterprises, in consultation with relevant stakeholders.
Amendment 407 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the methods to obtain verifiable consent referred to in paragraph 1. In doing so, the Commission shall consider specific measures for micro, small and medium- sized enterprises, in consultation with relevant stakeholders.
Amendment 443 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The Commission mayshall lay down standard forms and specifying standard procedures for the communication referred to in paragraph 2, including the electronic format. In doing so, the Commission shall take the appropriate measures for micro, small and medium-sized-enterprises. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
Amendment 464 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria for categories of recipients referred to in point (f) of paragraph 1, the requirements for the notice of potential access referred to in point (g) of paragraph 1, the criteria for the further information necessary referred to in point (h) of paragraph 1 for specific sectors and situations, and the conditions and appropriate safeguards for the exceptions laid down in point (b) of paragraph 5. In doing so, the Commission shall take the appropriate measures for micro, small and medium-sized- enterprises, in consultation with relevant stakeholders.
Amendment 712 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for the processing operations likely to present specific risks referred to in paragraphs 1 and 2 and the requirements for the assessment referred to in paragraph 3, including conditions for scalability, verification and auditability. In doing so, the Commission shall consider specific measures for micro, small and medium- sized enterprises, in consultation with relevant stakeholders.
Amendment 9 #
2011/2148(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Commission has submitted a proposal for the financing of Galileo under the 2014-2020 multiannual financial framework, but the framework does not include financing for the GMES programme, which thus puts the future of this programme seriously at risk;
Amendment 15 #
2011/2148(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas, as pointed out by the Commission, independent access to space must be ensured so the European space policy objectives can be achieved,
Amendment 63 #
2011/2148(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls onUrges the Commission to complete the legislative framework and clarify the approach on effective governance; is disappointed that the Commission has not proposed including and to maintain the financing for GMES in the multiannual financial framework for 2014- 2020; fears that the lack of a financing plan providing economic support will mean that investment made to date has been fruitless;
Amendment 87 #
2011/2148(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Also considers it necessary, in order to strengthen European competitiveness, to retain autonomy in terms of access to space, favouring the use of European transporterlaunch vehicles and verifying the suitability of operational and industrial organisation in relation to joint requirements, and therefore encourages the Commission to make concrete proposals for the strategic launch vehicles sub-sector, inter alia by paying particular attention to it in the space industrial policy;
Amendment 55 #
2011/0436(COD)
Annex 1 – part 1 – paragraph 6
Much remains to be done to attract more womopen inup political and economic decision- making more to women. Women's voices should be better heard and acted upon by those responsible for taking the policy decisions that impact on people's lives.
Amendment 93 #
2011/0394(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Programme should therefore address market failures affecting the competitiveness of the Union economy on a global scale due principally to issues which undermine the capacity of enterprises to compete with their counterparts in other parts of the world. These include failures connected with the absence of reciprocity between the EU and its competitors in conditions for access to their markets.
Amendment 118 #
2011/0394(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The limited internationalisation of SMEs both within and outside Europe affects competitiveness. According to some estimates currently 25% of the SMEs in the Union export or have exported at some point over the last three years, of which only 13% export outside the Union on a regular basis and only 2 % have invested beyond their home country. In line with the Small Business Act, which called on the Union and the Member States to support and encourage SMEs to benefit from the growth of markets outside the Union, the EU supports a network of European Business Organisations in more than 20 markets abroad. It provides financial assistance to the EU-Japan Centre for Industrial Cooperation, business bodies in Hong Kong, Malaysia and Singapore as well as the European Business and Technology Centre in India, EU SME Centres in China and in Thailand and the China Intellectual Property Rights SME helpdesk. European added value is created by bundling national efforts in this domain, avoiding duplication, promoting cooperation and by offering services that would lack critical mass if provided at national level. Where these support and assistance measures fall down, especially as a result of excessive barriers indiscriminately put in the way of foreign businesses, this network will inform the national and European authorities of the relevant problems so that appropriate measures can be considered.
Amendment 131 #
2011/0394(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The competitiveness of European companies outside the EU also depends on their ability to build solid foundations in Europe and to compete on a level playing field with their competitors in the global marketplace. The competent national and European authorities should support SMEs producing in Europe by reserving 20% of public procurement contracts for them.
Amendment 376 #
2011/0394(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Actions under the Programme may aim to foster international industrial cooperation, including industrial and regulatory dialogues and reciprocal actions with third countries. Specific measures may aim to reduce differences between the Union and other countries in regulatory frameworks for industrial products, on industrial policy and the improvement of the business environment.
Amendment 379 #
2011/0394(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Specific measures shall seek to ensure fairness in the award of public procurement contracts to SMEs producing in Europe. A share of 20% of public procurement contracts should be reserved for such enterprises.
Amendment 35 #
2011/0371(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The widespread recognition among the general public in Member States and participating third countries of the "Erasmus" brand name as a synonym of Union learner mobility pleads for a more extensive use of this brand byis an argument in favour of the main education sectors covered by the Programme making more extensive use of this brand and improving its evaluation and follow-up tools.
Amendment 37 #
2011/0371(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Pursuant to Articles 8 and 10 of the Treaty on the Functioning of the European Union, as well as the articles 21 and 23 of the Charter of Fundamental Rights, the Programme shall promote equality between women and men and to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. This aspiration should be reflected in concrete follow-up and evaluation measures so as to ensure that the programme is implemented in accordance with these objectives.
Amendment 46 #
2011/0371(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) It is necessary to ensure the European added value of all actions carried out within in the framework of the Programme, and complementarity to activities of Member States in compliance with Article 167(4) of the Treaty on the functioning of the European Union and other activities, in particular in the field of culture, research, industrial and cohesion policy, enlargement policy and external relations. This can only be ensured by developing adequate evaluation and follow-up tools.
Amendment 57 #
2011/0371(COD)
Proposal for a regulation
Article 5 – point a – indent 1 – sub indent 1
Article 5 – point a – indent 1 – sub indent 1
– % of participants who have increased their key competences and/or their skills relevant for their employability, measured against objective criteria such as employment rate one year after the end of study, or share of participants having taken part in professional activities as part of their course of study;
Amendment 62 #
2011/0371(COD)
Proposal for a regulation
Article 5 – point e – indent 1
Article 5 – point e – indent 1
– Related indicator: % of participants who have increased their language skills, measured in particular against objective criteria such as success in language tests
Amendment 67 #
2011/0371(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) transnational mobility of higher education and vocational training students as well as of young people involved in non-formal activities between the participating countries as referred in Article 18. This mobility may take the form of studying at a partner institution, traineeships or employment/training contracts abroad, or participating in youth activities, notably volunteering. Degree mobility at Masters level shall be supported through the student loan guarantee facility as referred to in Article 14 (3).
Amendment 73 #
2011/0371(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b – indent 1
Article 8 – paragraph 1 – point b – indent 1
Knowledge Alliances between higher education institutions and enterprises promoting creativity, innovation and entrepreneurship by offering relevant learning opportunities, including developing new curricula and training methods;
Amendment 167 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
12. ‘independent third party verification’ shall mean: assessment and confirmation of the validity of particular written statements by a natural or legal person that is not under the control or influence by the author of the statements; 'industry' shall mean:presenting sufficient guarantees of independence; (This amendment applies to the whole of the text under consideration; its adoption will necessitate technical adjustments throughout the text.)
Amendment 240 #
2011/0309(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Public participation shall be organised so as to ensure that disclosure of information and involvement of the public shall not pose risks to safety and security of offshore oil and gas installations and their operation or result in the disclosure of confidential or strategic information.
Amendment 307 #
Amendment 312 #
2011/0309(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Operators shall establish a scheme for independent third party verification and well examination and shall describe such schemes within the major accident policy integrated into the Major Hazards Reports pursuant to Article 18.
Amendment 317 #
2011/0309(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The selection of the independent third party verifier and the design of schemes for independent third party verification and for independent well examination shall meet the criteria of Annex II, part 5.
Amendment 320 #
2011/0309(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. The scheme for independent third party verification in respect of production and non- production installations shall be established:
Amendment 332 #
2011/0309(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Operators shall ensure that outcomes of the independent third party verification scheme pursuant to this Article under paragraph 3(a) are available to the competent authority upon its request.
Amendment 400 #
2011/0309(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Pursuant to paragraph 2, or for the purposes of public participation pursuant to Article 5, the operator shall supply to the competent authority, and make available to the public, a version of the document that excludes confidential or strategic information.
Amendment 520 #
2011/0309(COD)
Proposal for a regulation
Annex 2 – part 5 – point 1 – introductory part
Annex 2 – part 5 – point 1 – introductory part
1. The independent third partyverifier shall meet the following requirements with regard to its independence from the operator of the installation, or the well operator:
Amendment 534 #
2011/0309(COD)
Proposal for a regulation
Annex 2 – part 5 – point 2 – introductory part
Annex 2 – part 5 – point 2 – introductory part
2. The independent third partyverifier shall meet the following requirements with regard to its competence:
Amendment 538 #
2011/0309(COD)
Proposal for a regulation
Annex 2 – part 5 – point 2 – point e
Annex 2 – part 5 – point 2 – point e
(e) suitable arrangements for the flow of information between the operator and the independent third partyverifier;
Amendment 539 #
2011/0309(COD)
Proposal for a regulation
Annex 2 – part 5 – point 2 – point f
Annex 2 – part 5 – point 2 – point f
(f) sufficient authority given by the operator to the independent third partyverifier to be able to perform his functions adequately;
Amendment 547 #
2011/0309(COD)
Proposal for a regulation
Annex 2 – part 5 – point 5 – point a
Annex 2 – part 5 – point 5 – point a
a) a statement from the independent third party verifier that the record of safety critical elements and the scheme of maintenance of them as specified in the major hazards report are or will be suitable;
Amendment 550 #
2011/0309(COD)
Proposal for a regulation
Annex 2 – part 5 – point 5 – point b
Annex 2 – part 5 – point 5 – point b
b) a description of the verification scheme including the selection of independent third party verifiers, the means of verification that safety critical elements and any specified plant in the scheme remain in good repair and condition;
Amendment 317 #
2011/0300(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c – introductory part
Article 4 – paragraph 2 – point c – introductory part
(c) concerning electricity or gas smart grid projects falling under the category set out in point 1(e) of Annex II, the project shall contribute significantly to the following specific functions:
Amendment 383 #
2011/0300(COD)
Proposal for a regulation
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. If the commissioning of a project of common interest is delayed by more than two years compared to the implementation plan without sufficient justificationfor reasons linked to the poor implementation of the project by the developer:
Amendment 407 #
2011/0300(COD)
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
(6a) If the commissioning of a project of common interest is delayed by more than two years compared to the implementation plan for reasons outside the developer’s control, the parties may renegotiate the project timetable, subject to approval by the Commission.
Amendment 602 #
2011/0300(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) the project is commercially not viable according to the business plan and other assessments carried out, notably by possible investors or creditors. The decision on incentives and its justification referred to in paragraph 3 of Article 14 shall be taken into account when assessing the project's commercial viability; if several commercially non-viable projects are in competition, all the costs and benefits of each project should be compared and the one which offers the best cost-benefit ratio should be chosen; and
Amendment 671 #
2011/0300(COD)
Proposal for a regulation
Annex I – part 4 – point 10 – paragraph 1
Annex I – part 4 – point 10 – paragraph 1
(10) Smart grids deployment: adoption of smart grid technologies across the Union to efficiently integrate the behaviour and actions of all users connected to the electricity and gas network, in particular the generation of large amounts of electricity and gas from renewable or distributed energy sources and demand response by consumers;
Amendment 39 #
2011/0299(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Telecommunications networks and services are increasingly becoming internet-based infrastructures, with broadband networks and digital services closely interrelated. The internet is becoming the dominant platform for communication, services, and doing business. Therefore, the trans-European availability of fastwidespread, fast, secure Internet access and digital services in the public interest is essential for economic growth and the Single Market.
Amendment 53 #
2011/0299(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) On 17 June 2010, the European Council endorsed the Digital Agenda for Europe and called upon all institutions to engage in its full implementation. The Digital Agenda aims to chart a course to maximise the social and economic potential of information and communication technologies, in particular through the deployment of high-speed broadband networks by seeking to ensure that by 2020 all Europeans have access to internet speeds of above 30 Mbps and 50% or more of European households subscribe to internet connections above 100 Mbps. The Digital Agenda aims to establish a stable legal framework to stimulate investments in an open and, competitive and secure high- speed iInternet infrastructure and in related services; a true single market for online content and services; active support for the digitisation of Europe's rich cultural heritage, and the promotion of iInternet access and take-up by all, especially through support of digital literacy, education and accessibility. In addition, Member States should implement operational national plans for high speed internet, targeting public funding on areas not fully served by private investments in internet infrastructures and promote deployment and usage of modern accessible online services.
Amendment 79 #
2011/0299(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The deployment of ultra-fast broadband willmust particularly benefit small and medium enterprises (SMEs) which often cannot benefit from web-based services such as 'cloud computing' due to inadequate connectivity and speed of existing broadband connections. This will unlock the potential for substantial productivity gains for SMEs.
Amendment 81 #
2011/0299(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) By opening business opportunities, the deployment of broadband networks and digital service infrastructures will stimulate job creation in the Union. To achieve this, the development of educational and apprenticeship programmes in the digital field must be encouraged. Construction of broadband networks will also have an immediate effect on employment in particular in civil engineering sector.
Amendment 98 #
2011/0299(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In the area of safety and security, an EU-wide platform for sharing resources, information systems and software tools promoting online safety will contribute to creating a safer environment for everyone, and in particular children, online. It will enable centres handling hundreds of thousands of requests and alerts per year to operate across Europe. Critical Information Infrastructures will enhance the Union- wide capability for preparedness, information sharing, coordination and response to cyber security threats. There is a need to promote the creation and development of educational and awareness-raising programmes in the field of cybersecurity.
Amendment 153 #
2011/0299(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) the support to core service platforms in the field of digital service infrastructures; and the development of educational and apprenticeship tools and programmes to facilitate competent, secure Internet use for all;
Amendment 1165 #
2011/0298(COD)
Proposal for a directive
Article 60 – paragraph 2
Article 60 – paragraph 2
2. In order to enable the publication mentioned in point (a) of paragraph 1, Member States shall require members and participants of regulated markets, MTFs and OTFs to report to the respective trading venue the details of their positions within a real-timsonable timescale, including any positions held on behalf of their clients.
Amendment 1178 #
2011/0298(COD)
Proposal for a directive
Article 60 – paragraph 4 – subparagraph 1
Article 60 – paragraph 4 – subparagraph 1
ESMA shall develop draft implementing technical standards to determine the format of the reports mentioned in point (a) of paragraph 1, and the content of the information to be provided and the timeframe for provision, in accordance with paragraph 2.
Amendment 1313 #
2011/0298(COD)
Proposal for a directive
Annex 1 – Section C – point 11
Annex 1 – Section C – point 11
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 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 17 #
2009/0070(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In addition to the development activities financed under the space thematic area included in Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (hereinafter “the Seventh Framework Programme”), Community action is necessary in the period of 2011-2013 to ensure continuity with the preparatory actions and to establish operational services on a more permanent basis in areas of sufficient technical maturity with a proven potential for the development of downstream services, including not only emergency response and land monitoring. M, but also marine and atmosphere services. These services will continue to be developed in parallel to the emergency management and land monitoring service with support of the research and development funding under the Seventh Framework Programme, including the establishment of a pre-operational capacity before 2013.
Amendment 23 #
2009/0070(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) GMES services should be fully and openfreely accessible. This is necessary to promote the use and sharing of Earth observation data and information in accordance with the principles of the SEIS, INSPIRE and Global Earth Observation System of Systems (GEOSS).
Amendment 28 #
2009/0070(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2 a (new)
Article 3 – paragraph 1 – point 2 a (new)
(2a) marine monitoring services;
Amendment 29 #
2009/0070(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2 b (new)
Article 3 – paragraph 1 – point 2 b (new)
(2b) atmosphere monitoring services;
Amendment 32 #
2009/0070(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Amendment 33 #
2009/0070(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. In order to avoid duplication, GMES services shall give priority to use of existing information sources, where relevant, managed by national bodies.
Amendment 37 #
2009/0070(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
b) full and openfree access to information produced by GMES services and data collected through GMES infrastructure, subject to relevant security restrictions;
Amendment 39 #
2009/0070(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
ba) guaranteeing the certification, within the meaning of Article 8a, of the data;
Amendment 40 #
2009/0070(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
d) contributing to the sustainability and continuity of the provision of GMES data and information;
Amendment 44 #
2009/0070(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 45 #
2009/0070(COD)
Proposal for a regulation
Annex – point 3 a (new)
Annex – point 3 a (new)
(3a) Marine monitoring services shall serve to provide information on the state of the seas and of marine ecosystems. These services are particularly valuable in the fields of maritime security and marine conservation, and in the context of measures to combat climate change;
Amendment 46 #
2009/0070(COD)
Proposal for a regulation
Annex – point 3 b (new)
Annex – point 3 b (new)
(3b) atmosphere monitoring services shall enable air quality and the chemical composition of the atmosphere to be checked;