880 Amendments of Nadine MORANO
Amendment 24 #
2024/2056(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. UrgesCalls on the Council to engage in constructive negotiations with Parliament and the Commission on the revision of Regulation (EC) No 1049/2001, in order to turn these three key EU institutions into role models of transparency and public accountability for the whole of the EU; stresses that while it is essential for the institutions to be transparent in their relations with citizens, that transparency must not undermine their political negotiations, which could be hampered by a demand for excessive transparency, leading to a substantial increase in informal meetings and thereby producing an effect opposite to that sought;
Amendment 60 #
2024/2056(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. AppreciaNotes the Ombudsman’s commitment to upholding fundamental rights in the EU institutions’ border management activities by launching inquiries into the actions of Frontex and the Commission in this area; recalls that Frontex faces major challenges that require a strengthening of its capacities and its budget in order for the agency to perform its work under the best possible conditions; notes that the Ombudsman asked for further clarification from the Commission as to how it intends to guarantee respect for human rights in the context of the EU-Tunisia Memorandum of Understanding, in an effort to ensure that the EU complies with its human rights obligations;
Amendment 74 #
2024/2056(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WelcomNotes the Commission’s decision to work with local authorities to draw up a fundamental rights impact assessment of EU-funded migration management facilities in Greece, following an own- initiative inquiry by the Ombudsman into how the Commission ensures respect for fundamental rights in these facilities;
Amendment 83 #
2024/2056(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Strongly supports the Ombudsman’s conclusions that the EU’s ethical and anticorruption rules need to be respected and strengthened by the EU institutions and that Parliament’s implementation of reforms in this area must be properly monitored and enforced at all levels; urges the Ombudsman to pay close attention to direct and indirect lobbying practices in Parliament that might increase the risk of potential conflicts of interest; invitwelcomes the Ombudsman, in this context, to suggest improvements toconsiderable progress achieved in the current Code of Conduct for Members of the European Parliament regarding integrity and transparency;
Amendment 88 #
2024/2056(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. WelcomNotes the Ombudsman’s investigations into risks of conflicts of interest in the Commission, especially in the area of the European Defence Fund (EDF); finds it problematic that the Commission is not required to make public the names of the experts it consults on EDF-related projects, and invites the Commission to reflect on how to increase transparency and public scrutiny in this sensitive policy area;
Amendment 25 #
2023/2729(RSP)
Paragraph 1
1. Highlights the need for a strong, effective and well-functioning European Border and Coast Guard Agency that is able to assist Member States in managprotecting the common external borders of the European Union and incombating irregular immigration and the smuggling and trafficking of human beings, while ensuring integrated border management in full compliance with fundamental rights;
Amendment 31 #
2023/2729(RSP)
Paragraph 2
2. Underlines that, with a view to meeting the challenges of protecting the external borders, which are under increasing pressure from migration, the Agency’s budget grew exponentialsignificantly, from around EUR 114 million in 2015 to around EUR 750 million in 2022; adds, moreover, that the revised mandates of the Agency in 2016 and 2019 corresponded to major increases in the Agency’s responsibilities and competences, including in terms of staff and technical equipment; stresses that such increases in responsibility and budget for the Agency need to be accompanied by a corresponding increase in accountability and transparency and increased scrutiny of the Agency’s respect for Union lawmprovement in its results;
Amendment 35 #
2023/2729(RSP)
Paragraph 3
3. Notes that over the course of the last two years the Agency has seen significant managerial changes, including a new fundamental rights officer (FRO), a new chair of its Management Board, three new deputy executive directors and a new executive director; expects that the change in management will bring about the necessary change in culture with regard to respect for the Union’s principles and values, most notably fundamental rights, and with regard to transparency and efficiency in internal procedures and to increased accountability towards Parliament and the Council in accordance with the applicable legal framework; welcomes the measures already implementedwelcomes the measures already implemented to improve the management culture and to strengthen integrity and accountability within the Agency, whose chief mission is to improvetect the management culture and to strengthen integrity and accountability within the AgencyEuropean Union’s external borders; calls on the new leadership to undertake the deep reforms that are needed and calls on the Management Board to evaluate how it can step up its involvement and scrutiny of the way in which the Agency is run;
Amendment 41 #
2023/2729(RSP)
Paragraph 4
4. Considers thatAwaits the outcome of the second European Anti-Fraud Office (OLAF) investigation into management practices at the Agency, which is underway only nine months after the first OLAF investigation was closed, demonstrates the need for change in the culture of the Agency;
Amendment 45 #
2023/2729(RSP)
Paragraph 5
5. Expresses disappointment that, during the appointment procedure and unknown to Members of Parliament, one of the candidates proposed for the post of executive director of the Agency was a person of interest in the second ongoing OLAF investigationits commitment to the principle of secrecy of ongoing investigations and to the guarantee of the presumption of innocence;
Amendment 48 #
2023/2729(RSP)
Paragraph 6
6. Draws attention to the fact that the Commission, the Management Board and OLAF failed to share this information with Parliament despite the Frontex Scrutiny Working Group (FSWG) highlighting how arguments related to confidentiality had hampered democratic control by Parliament and despite the FSWG’s specific request that the Commission keep it regularly informed of any activities or initiatives that might have an impact on fundamental rights; takes the view that this failure constitutes a breach of the principle of mutual and sincere cooperation which governs relationships between institutions, agencies, bodies and offices of the Unionnecessary democratic scrutiny exercised by Parliament must comply with these principles;
Amendment 51 #
2023/2729(RSP)
Paragraph 7 – indent 1
– The Agency should ensure that the FRO is consulted earlier on in the process of developing operational plans, is granted sufficient time for giving his or her opinions and is equipped with established methods and channels to escalate if his or her opinion is ignored;
Amendment 60 #
2023/2729(RSP)
Paragraph 7 – indent 4
Amendment 63 #
2023/2729(RSP)
Paragraph 9
9. Reiterates its cCalls for OLAF reports on the Agency to be made public in cases of overriding public interest in disclosure, which are merely preliminary documents and, in all cases, for the relevant Members of Parliament to be given access to such reports within a reasonable period of time in order to allow them to effectively carry out democratic scrutiny and hold the Agency to account for its actions; believes that the current rules need to bno way prejudge a court ruling, not to be made into political arguments to undermine the Agency’s credibility and the prevised to ensure that Parliament is fully informed in its role as policymaker and co- legislator, in particular regarding its budgetary powerssumption of its staff’s innocence;
Amendment 69 #
2023/2729(RSP)
Paragraph 12
12. Acknowledges that the Agency finally has 46 fundamental rights monitors (FRMs) in place, despite the significant delay in complying with the requirements of the updated mandate; notes that 31 FRMs have been appointed at administrator (AD) level; continues to stress that those FRMs who were hired at the lower assistant (AST) grade should be upgraded to the higher AD level as soon possible through the appropriate procedures; points out that, based on the Agency’s updated mandate, the number of FRMs should continue to grow as the overall size of the standing corps increases; looks forward, in that regard, to receiving details of the Agency’s plans to increase the number of FRMs;
Amendment 77 #
2023/2729(RSP)
Paragraph 13
13. Expresses severe concern regarding the serious and persistent allegations made against Greek authorities in relation to pushbacks and violence against migrants; is convinced that respect for the principles and values of the Union must be the condition sine qua non for Frontex to commit to a joint operation with a Member State; is further convinced that, should a Member State be unable to respect those principles and valuat the difficulties encountered by the Greek authorities in dealing with the mass influx of migrants; is convinced that respect for the principles and values of the Union must be taken into account whenever Frontex conducts a joint operation with a Member State; takes the view that that allegations of misconduct must be investigated in a manner in keeping with the rule of law; stresses, thenat the Agency should neither scale down andnor repurpose its operations towards monitoring activities in the light of Article 46 of its mandate, while maintaining its presence on the ground in order not to leave a vacuum; regrets that the Agency has so far refrained from scaling down or repurposing its operations in Greecuntil such time as there is evidence of serious and systemic misconduct in a Member State;
Amendment 82 #
2023/2729(RSP)
Paragraph 14
Amendment 88 #
2023/2729(RSP)
Paragraph 15
15. Recalls that, although the Agency withdrew from operations in Hungary in January 2021 following a clear CJEU ruling in December 202011, it continues to support Hungarian authorities in carrying out returns; reiterates the FSWG’s calls on the executive director to immediately suspend support for return-related operations from Hungary; __________________ 11 Judgment of the Court of Justice of 17 December 2020, Commission v Hungary, C-808/18, ECLI:EU:C:2020:1029.Welcomes the fact that the Agency continues to support Hungarian authorities in carrying out returns; takes the view that that this support, which is essential for protecting the common external borders, must not be suspended;
Amendment 97 #
2023/2729(RSP)
Paragraph 16
16. Notes the Agency’s mandate to provide better situational awareness in the maritime domain and to transmit that information to the relevant authorities regarding competence for search and rescue operations; reiterates the obligation under the international law of the sea to render assistance to persons found in distress at sea and take them to the nearest safe port; notes that Regulation (EU) No 656/2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by Frontex lays down the rules for the Agency’s involvement in search and rescue operations; underlines that the Agency could do more to increase the capacity of the EU and Member States to carry out search and rescue operations, notably by investing in appropriate assets for such operations’s mandate is first and foremost to protect the Union’s external borders and not to carry out search and rescue missions at sea;
Amendment 100 #
2023/2729(RSP)
Paragraph 17
17. NoReiterates that Parliament has previously taken the view that a permanent, robust and effectiveit is not within the European Union’s response inmit to conduct search and rescue operations at sea is crucial to prevent the death toll of migrants attempting to cross the Mediterranean Sea from escalating12; remains convinced that the Agency could have a key role to play in a more proactive response by the EU and Member States to search and rescue, particularly in the Mediterranean Sea, and to the fight against criminal smugglers and human traffickers; __________________ 12 European Parliament resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration, OJ C 58, 15.2.2018.; takes the view that strengthening the Agency and the EU’s external borders and policies against illegal immigration would limit numbers of dangerous crossings and, therefore, the death toll among migrants attempting to cross the Mediterranean;
Amendment 107 #
2023/2729(RSP)
Paragraph 18
18. Considers that the absence of an EU-lesufficient scrutiny ovelr search and rescue missions has led other civil society organisations and non-governmental organisations to fill the gap in providing search and rescue capacity; is concerned about the increasing number of attempts to criminalise such actions, further limiting the possibilities for those in distress at sea to be rescuedencourage irregular immigration into the EU and to facilitate the work of people-smugglers; calls on the EU and its Member States to exert greater scrutiny over these organisations and to impose criminal penalties for their illegal activities;
Amendment 112 #
2023/2729(RSP)
Paragraph 19
Amendment 51 #
2023/2130(DEC)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Welcomes the resumption of in- presence plenary sessions in Strasbourg; recalls that the EU Treaties stipulate that Parliament shall have its seat in Strasbourg, where the 12 periods of monthly plenary sessions, including the budget session, shall be held; underlines that the suspension of sessions in Strasbourg, the introduction of electronic voting and remote participation are linked to the exceptional circumstances of the COVID-19 pandemic; recalls that any change to the Treaties requires the unanimity of the Member States;
Amendment 60 #
2023/2130(DEC)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Notes with satisfaction that Members were given the opportunity to take part in plenary debates from the EPLOs in their Member States of election, this being as a result of the exceptional measures put in place during the pandemic, this having been facilitated by the actions of DG COMM; welcomes the increased efforts made by DG COMM to make use of new technologies to facilitate the work of Members during the COVID- 19 pandemic; acknowledges that the remote access for national media to the communication activities of Parliament has opened up ways to interact with Union citizens;
Amendment 129 #
2023/2130(DEC)
Motion for a resolution
Paragraph 79
Paragraph 79
79. Recalls that the official languages to be used by the Union institutions, bodies and agencies are established in Regulation No 13; acknowledges that DG TRAD ensures that Parliament’s procedural content is available in all 24 official and working languages of the Union, thereby enabl; regrets that, in practice, just one of the Union’s working languages is used more widely ing Parliament to fulfil its commitment to the policy of multilingualism’s work, and increasingly so in recent years; calls for multilingualism to be respected by ensuring, where necessary, an adequate number of translation and interpreting staff; _________________ 3 Regulation No 1 determining the languages to be used by the European Economic Community (OJ P 017, 6.10.1957, p. 385)
Amendment 26 #
2023/2073(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 42 #
2023/2073(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the lack of any access or sufficient access to electricity is a factor that contributes to migration flows, including irregular migration flows;
Amendment 65 #
2023/2073(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas corruption and the weakness of institutions are exacerbating the underfinancing of the energy transition, particularly in the least developed countries;
Amendment 106 #
2023/2073(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that for the goal of ensuring universal access to clean energy to be achieved, generation facilities will need to be built on a large scale, especially in sub-Saharan Africa;
Amendment 118 #
2023/2073(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets the devastating impact that the lack of access to electricity has on the basic needs of populations: food insecurity, unhealthy environments, poor healthcare, economic activities that are not productive enough to reduce poverty, digital isolation, lack of educational resources, etc;
Amendment 124 #
2023/2073(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 154 #
2023/2073(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 161 #
2023/2073(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is worried aboutStresses the need to better assess the impact that water-intensive energy conversion practices, such as hydropower plants, have on agricultural communities;
Amendment 175 #
2023/2073(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 217 #
2023/2073(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the EU and its Member States to increase the amount of official development assistance it devotes to the energy sector, particularly in Africa, prioritising grants over loans and reorienting financing towards countries with lower rates of access to electricity to support their clean energy transitions and to develop programmes for facilitating the transfer of knowledge and green technologies;
Amendment 48 #
2023/2068(INI)
Motion for a resolution
Recital D
Recital D
D. whereas not all hate speech constitutes a crime but it does contribute to normalising manifestations of hatred and intolerancefreedom of expression is one of the foundations of the democratic functioning of the Union and whereas it must be protected; whereas discourse, including political discourse, whatever its content, should not be penalised if it does not violate a law or regulation;
Amendment 65 #
2023/2068(INI)
Motion for a resolution
Recital F
Recital F
F. whereas minors are particularly vulnerable victims of hate speech and hate crime and whereas such attacks endanger their physical and mental integrity and affect their development and mental health; whereas special attention should therefore be paid to them;
Amendment 118 #
2023/2068(INI)
Motion for a resolution
Recital P
Recital P
P. whereas Article 83(1) TFEU requires unanimity in the Council to identify ‘other areas of crime’; whereas this requirement proved detrimental to achieving necessary common progress in an area where the common European interest should prevailnecessary in order to safeguard the sovereignty and fundamental interests of the Member States;
Amendment 153 #
2023/2068(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 164 #
2023/2068(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that future EU legislation to cover hate speech and hate crimes must protect human dignity and combat hatred and intolerance irrespective of the motivation and the media used, online as well as offline; recalls that protection must be universal, with a special focus on targeted persons, groups and communities;
Amendment 172 #
2023/2068(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that freedom of expression should not be exploited as a shield for hate speech and hate crimes, but neithermust be exercised within the limits set by laws and regulations, and that it should inot be unjustifiably restricted;
Amendment 8 #
2022/2124(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that Frontex is by large the Agency that received more significant budget increases in the last years; recalls that, with the increase in its staffing and in the amount of official travel, the Agency’s budget has skyrocketed from €118 million in 2011 to €741 million in 2021, and to an annual average of €900 million for the 2021-2027 period;
Amendment 25 #
2022/2124(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the drawing up of a fundamental rights strategy and action plan; regretnotes that the obligation included in Article 110(6) of Regulation (EU) 2019/1896 to deploy at least 40 fundamental rights monitors has been met with significant delay; notes that the number of fundamental rights monitors now stands at 46; deeply deplores that despite the significant overall staff increase for the Agency, the Fundamental Rights Officer still lacks adequate human resources; urges the Agency to provide its fundamental rights officer with adequate resources and staffimplemented, and that there are now 46 such fundamental rights monitors;
Amendment 34 #
2022/2124(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the position that the Management Board should play a proactive role in identifying and preventing serious risk of fundamental rights violations; reiterates the importance to implement the standard operating procedures to withdraw the financing of, or suspend or terminate, or not launch Frontex activities infinancing of Frontex’s activities should be guaranteed in the long term, given the successive extensions of its mandate and the aim of establishing a 10 000-strong permanent European border and coases where such risks ariset guard force by 2027;
Amendment 42 #
2022/2124(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Expresses its utmost concerns with regard toNotes the allegations of push backs in the context of Frontex operations in Lithuania, Latvia, Croatia, Bulgaria and Greece; reiterates its calls on the Agency to suspend its operations supporting return-related operations from Hungary as long as,competent authorities to investigate the allegations and, as concluded by the Court of Justice of the European Union, the return decisions issued by the Hungarian authorities are incompatiblt the same time, requests that Frontex continue with Directive 2008/115/EC and the Charter of Fundamental Rights of the European Unions operations in those Member States and in Hungary;
Amendment 52 #
2022/2124(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates its profound concerns aboutNotes the findings of the OLAF report of 15 February 2022 on investigations into Frontex, and expresses its utter dismay in the behaviour and actions described in the findings and the lack of accountability; considers that the findings of the OLAF report are a matter of public interest and shcould be made public, without further delayhilst upholding the principle of the protection of personal data and the presumption of innocence;
Amendment 56 #
2022/2124(DEC)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 65 #
2022/2124(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes that Frontex’ structural problems regarding fundamental rights protection of asylum seekers and migrants, transparency, data protection, and alleged sexual harassment within the Agency led the European Parliament to refuse dischargePoints out that the European Parliament refused to grant discharge in respect of the Agency’s 2020 budget;
Amendment 78 #
2022/2124(DEC)
Draft opinion
Paragraph 11
Paragraph 11
11. Recommends that the Committee on Budgetary Control to postpone granting thegrant discharge in respect of the implementation of the Agency’s budget for the financial year 2021, until the structural shortcomings related to respect by Frontex of its fundamental rights obligations have been fully addressed.
Amendment 290 #
2022/2051(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the importance of reforming decision-making in the Union to more accurately reflect a bicameral system by further empowering the European Parliament, and by changwhile maintaining the voting mechanism in the Council;
Amendment 290 #
2022/2051(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the importance of reforming decision-making in the Union to more accurately reflect a bicameral system by further empowering the European Parliament, and by changwhile maintaining the voting mechanism in the Council;
Amendment 291 #
2022/2051(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 291 #
2022/2051(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 297 #
2022/2051(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for Parliament to gain the right of initiative for legislation, in particular the right to introduce, amend, or repeal Union law, and to become a co- legislator for the adoption of the multiannual financial framework;
Amendment 297 #
2022/2051(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for Parliament to gain the right of initiative for legislation, in particular the right to introduce, amend, or repeal Union law, and to become a co- legislator for the adoption of the multiannual financial framework;
Amendment 302 #
2022/2051(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 302 #
2022/2051(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 310 #
2022/2051(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 310 #
2022/2051(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 323 #
2022/2051(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Proposes to establish exclusive UnionRecalls that the Union has shared competence for the environment and biodiversity as well as negotiations on climate change;
Amendment 323 #
2022/2051(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Proposes to establish exclusive UnionRecalls that the Union has shared competence for the environment and biodiversity as well as negotiations on climate change;
Amendment 328 #
2022/2051(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Proposes to further develop Union shared competences in the areas of energy, foreign affairs, external security and defence, external border policy in the area of freedom, security and justice, and cross- border-infrastructure;
Amendment 328 #
2022/2051(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Proposes to further develop Union shared competences in the areas of energy, foreign affairs, external security and defence, external border policy in the area of freedom, security and justice, and cross- border-infrastructure;
Amendment 338 #
2022/2051(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Proposes to strengthen and reform the procedure in Article 7 TEU with regard to the protection of the rule of law by ending unanimity and by making the Court of Justice the arbiter of violations;
Amendment 338 #
2022/2051(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Proposes to strengthen and reform the procedure in Article 7 TEU with regard to the protection of the rule of law by ending unanimity and by making the Court of Justice the arbiter of violations;
Amendment 342 #
2022/2051(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Suggests a pre-emptive review of norms at the Court of Justice of the European Union (‘abstract review of norms’), designed as a minority right in Parliament; suggests furthermore to empower Parliament to bring cases of non-compliance with the Treaties before the Court of Justice of the European Union;
Amendment 342 #
2022/2051(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Suggests a pre-emptive review of norms at the Court of Justice of the European Union (‘abstract review of norms’), designed as a minority right in Parliament; suggests furthermore to empower Parliament to bring cases of non-compliance with the Treaties before the Court of Justice of the European Union;
Amendment 345 #
2022/2051(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 345 #
2022/2051(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 359 #
2022/2051(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. ProposeRecalls that the OLP and QMV be used for decisions on direct and indirect taxation; calls for the establishment of the multiannual financial framework for a five year periodseven-year cycle of the multiannual financial framework allows for greater flexibility in the event of economic and geopolitical shocks;
Amendment 359 #
2022/2051(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. ProposeRecalls that the OLP and QMV be used for decisions on direct and indirect taxation; calls for the establishment of the multiannual financial framework for a five year periodseven-year cycle of the multiannual financial framework allows for greater flexibility in the event of economic and geopolitical shocks;
Amendment 375 #
2022/2051(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Proposes to expand non- discrimination protections to gendersex, social origin, language, political opinion and membership of a national minority and introduces OLP for non-discrimination legislation; proposes to replace ‘the equality of men and women’ by ‘gender equality’ throughout the Treaties; underlines that the Union’s institutions and their governing and consultative bodies must be composed in a non-discriminatory manner and reflect gender equality between men and women and diversity of society;
Amendment 375 #
2022/2051(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Proposes to expand non- discrimination protections to gendersex, social origin, language, political opinion and membership of a national minority and introduces OLP for non-discrimination legislation; proposes to replace ‘the equality of men and women’ by ‘gender equality’ throughout the Treaties; underlines that the Union’s institutions and their governing and consultative bodies must be composed in a non-discriminatory manner and reflect gender equality between men and women and diversity of society;
Amendment 379 #
2022/2051(INL)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls for the creation of an integrated European energy union; sSuggests that the Union’s energy system must be affordable and based on energy efficiency, renewable and low- carbon energies and in conformity with international agreements to mitigate climate change;
Amendment 379 #
2022/2051(INL)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls for the creation of an integrated European energy union; sSuggests that the Union’s energy system must be affordable and based on energy efficiency, renewable and low- carbon energies and in conformity with international agreements to mitigate climate change;
Amendment 384 #
2022/2051(INL)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Proposes that Europol receive additional competences subject to parliamentary scrutiny; suggests that gender-based violence and environmental crimsexual violence be added as areas of crime that meet the criteria of Article 83(1) TFEU (Union crimes); calls for the functioning of the European Public Prosecutor’s Office to be governed by the OLP;
Amendment 384 #
2022/2051(INL)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Proposes that Europol receive additional competences subject to parliamentary scrutiny; suggests that gender-based violence and environmental crimsexual violence be added as areas of crime that meet the criteria of Article 83(1) TFEU (Union crimes); calls for the functioning of the European Public Prosecutor’s Office to be governed by the OLP;
Amendment 387 #
2022/2051(INL)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 387 #
2022/2051(INL)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 410 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 7 – paragraph 2
2. The European Council, acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the consent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of the values referred to in Article 2, after inviting the Member State in question to submit its observations.
Amendment 410 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 7 – paragraph 2
2. The European Council, acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the consent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of the values referred to in Article 2, after inviting the Member State in question to submit its observations.
Amendment 422 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 11 – paragraph 4 b (new)
4b. The European Parliament may, by a majority of its component Members, submit to the European Council a proposal for a European referendum. A proposal for a European referendum shall be in accordance with the European values as laid down in Article 2. If the European Council adopts by unanimity a decision in favour of the proposed referendum, the Commission shall organise one.
Amendment 422 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 11 – paragraph 4 b (new)
4b. The European Parliament may, by a majority of its component Members, submit to the European Council a proposal for a European referendum. A proposal for a European referendum shall be in accordance with the European values as laid down in Article 2. If the European Council adopts by unanimity a decision in favour of the proposed referendum, the Commission shall organise one.
Amendment 437 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 16 – paragraph 4 – subparagraph 1
4. As from 1 November 2014, a qualified majority shall be defined as at least 55 % of the members of the Council, comprising at least fifteen of them and representing Member States comprising at least 65 % of the population of the Union.
Amendment 437 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 16 – paragraph 4 – subparagraph 1
4. As from 1 November 2014, a qualified majority shall be defined as at least 55 % of the members of the Council, comprising at least fifteen of them and representing Member States comprising at least 65 % of the population of the Union.
Amendment 438 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 16 – paragraph 4 – subparagraph 2
Amendment 438 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 16 – paragraph 4 – subparagraph 2
Amendment 454 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 17 – paragraph 8
8. The Commission, as a body, shall be responsible to the European Parliament. In accordance with Article 234 of the Treaty on the Functioning of the European Union, the European Parliament may vote on a motion of censure of the Commission as a body. If such a motion is carried, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from the duties that he carries out in the Commission. The European Parliament may not vote on a motion of censure of an individual member of the Commission.
Amendment 454 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 17 – paragraph 8
8. The Commission, as a body, shall be responsible to the European Parliament. In accordance with Article 234 of the Treaty on the Functioning of the European Union, the European Parliament may vote on a motion of censure of the Commission as a body. If such a motion is carried, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from the duties that he carries out in the Commission. The European Parliament may not vote on a motion of censure of an individual member of the Commission.
Amendment 461 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 29
The Council shall adopt decisions which shall define the approach of the Union to a particular matter of a geographical or thematic nature. Where a decision provides for the interruption or reduction, in part or completely, of economic and financial relations with one or more third countries, the Council shall act by unanimity. Member States shall ensure that their national policies conform to the Union positions.
Amendment 461 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 29
The Council shall adopt decisions which shall define the approach of the Union to a particular matter of a geographical or thematic nature. Where a decision provides for the interruption or reduction, in part or completely, of economic and financial relations with one or more third countries, the Council shall act by unanimity. Member States shall ensure that their national policies conform to the Union positions.
Amendment 471 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 48 – paragraph 4 – subparagraph 1 a (new)
The conference shall act by unanimity.
Amendment 471 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 48 – paragraph 4 – subparagraph 1 a (new)
The conference shall act by unanimity.
Amendment 472 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 48 – paragraph 4 – subparagraph 1 b (new)
The European Parliament shall be considered to have given its consent to the amendments to the Treaties when an absolute majority of its component Members vote to do so.
Amendment 472 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 48 – paragraph 4 – subparagraph 1 b (new)
The European Parliament shall be considered to have given its consent to the amendments to the Treaties when an absolute majority of its component Members vote to do so.
Amendment 475 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 48 – paragraph 5
5. If, two years after the signature of a treaty amending the Treaties, fewer than four fifths of the Member States have ratified it and one or more Member States have encountered difficulties in proceeding with ratification, the matter shall be referred to the European Council, the Council, acting by unanimity, may decide to put the matter to a European referendum.
Amendment 475 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 48 – paragraph 5
5. If, two years after the signature of a treaty amending the Treaties, fewer than four fifths of the Member States have ratified it and one or more Member States have encountered difficulties in proceeding with ratification, the matter shall be referred to the European Council, the Council, acting by unanimity, may decide to put the matter to a European referendum.
Amendment 477 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 48 – paragraph 7 – subparagraph 4
For the adoption of these decisions referred to in the first and second subparagraphs, the European Council shall act by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.
Amendment 477 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 48 – paragraph 7 – subparagraph 4
For the adoption of these decisions referred to in the first and second subparagraphs, the European Council shall act by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.
Amendment 479 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 54 – paragraph 2
2. This Treaty shall enter into force on 1 January 1993, provided that allthe first day of the month following the deposit of the Instruments of ratification have been depositedby the governments of the Member States, or, failing that, on the first day of the month following the deposit of the Instrument of ratification by the last signatory State to take this step.
Amendment 479 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on European Union – Article 54 – paragraph 2
2. This Treaty shall enter into force on 1 January 1993, provided that allthe first day of the month following the deposit of the Instruments of ratification have been depositedby the governments of the Member States, or, failing that, on the first day of the month following the deposit of the Instrument of ratification by the last signatory State to take this step.
Amendment 489 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 19 – paragraph 1
1. Without prejudice to the other provisions of the Treaties and within the limits of the powers conferred by them upon the Union, the Council, acting unanimously, and the European Parliament, acting in accordance with a specialthe ordinary legislative procedure and after obtaining the consent of the European Parliament, , may take appropriate action to combat discrimination based on sex, racial or, ethnic origin, religion or belief social origin, language, religion or belief, political opinions, membership of a national minority, disability, age or sexual orientation.
Amendment 489 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 19 – paragraph 1
1. Without prejudice to the other provisions of the Treaties and within the limits of the powers conferred by them upon the Union, the Council, acting unanimously, and the European Parliament, acting in accordance with a specialthe ordinary legislative procedure and after obtaining the consent of the European Parliament, , may take appropriate action to combat discrimination based on sex, racial or, ethnic origin, religion or belief social origin, language, religion or belief, political opinions, membership of a national minority, disability, age or sexual orientation.
Amendment 491 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 20 – paragraph 2 a (new)
2a. The Council and the European Parliament may not adopt provisions on the acquisition and loss of citizenship of the Union by third country nationals.
Amendment 491 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 20 – paragraph 2 a (new)
2a. The Council and the European Parliament may not adopt provisions on the acquisition and loss of citizenship of the Union by third country nationals.
Amendment 495 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 78 – paragraph 3
3. In the event of one or more Member States being confronted by an emergency situation characterised by a sudden or unusual inflow of nationals of third countries, the Council, on a proposal from the Commission, may adopt provisional measures for the benefit of the Member State(s) concerned. It shall act after consulting the European Parliament.
Amendment 495 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 78 – paragraph 3
3. In the event of one or more Member States being confronted by an emergency situation characterised by a sudden or unusual inflow of nationals of third countries, the Council, on a proposal from the Commission, may adopt provisional measures for the benefit of the Member State(s) concerned. It shall act after consulting the European Parliament.
Amendment 497 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 79 – paragraph 1
1. TWithout undermining the constitutional orders of the Member States and their ability to regulate immigration into their territories, the Union shall develop a common immigration policy that supports the economic and social stability of Member States and is aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third- country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings.
Amendment 497 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 79 – paragraph 1
1. TWithout undermining the constitutional orders of the Member States and their ability to regulate immigration into their territories, the Union shall develop a common immigration policy that supports the economic and social stability of Member States and is aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third- country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings.
Amendment 499 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 79 – paragraph 2 – point a
(a) the conditions of entry and residence, and standards on the issue by Member States of long- term visas and residence permits, including those for the purpose of family reunification;
Amendment 499 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 79 – paragraph 2 – point a
(a) the conditions of entry and residence, and standards on the issue by Member States of long- term visas and residence permits, including those for the purpose of family reunification;
Amendment 501 #
2022/2051(INL)
Annex to the motion for a resolution
These areas of crime are the following: terrorism, sexual exploitation and trafficking in human beings and sexual exploitation of, especially women and children, sexist violence, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime.
Amendment 501 #
2022/2051(INL)
Annex to the motion for a resolution
These areas of crime are the following: terrorism, sexual exploitation and trafficking in human beings and sexual exploitation of, especially women and children, sexist violence, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime.
Amendment 535 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 194 – paragraph 1 – point c
(c) promotensure energy efficiency and energy saving and the development of new and, renewable forms of energyand low-carbon forms of energy in order to achieve an energy system based on energy efficiency and low carbon emissions; and
Amendment 535 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 194 – paragraph 1 – point c
(c) promotensure energy efficiency and energy saving and the development of new and, renewable forms of energyand low-carbon forms of energy in order to achieve an energy system based on energy efficiency and low carbon emissions; and
Amendment 537 #
2022/2051(INL)
Annex to the motion for a resolution
(da) promote harmonisation of the energy system in line with international agreements to mitigate climate change.
Amendment 537 #
2022/2051(INL)
Annex to the motion for a resolution
(da) promote harmonisation of the energy system in line with international agreements to mitigate climate change.
Amendment 538 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 222 – paragraph -1 (new)
1. In the event of an emergency affecting the European Union or one or more Member States, the European Parliament and the Council may grant the Commission extraordinary powers, including those to enable it to mobilise all necessary instruments. In order for an emergency to be declared, the European Parliament shall act by a majority of its component members and the Council shall act by unanimity, on a proposal from the European Parliament or the Commission. That decision, by which an emergency is declared and extraordinary powers are granted to the Commission, shall define the scope of the powers, the detailed governance arrangements and the period during which they apply. The European Parliament or the Council, acting by unanimity, may revoke the decision at any time. The Council and Parliament may, in accordance with the procedure set out in the first subparagraph, review or renew the decision at any time.
Amendment 538 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 222 – paragraph -1 (new)
1. In the event of an emergency affecting the European Union or one or more Member States, the European Parliament and the Council may grant the Commission extraordinary powers, including those to enable it to mobilise all necessary instruments. In order for an emergency to be declared, the European Parliament shall act by a majority of its component members and the Council shall act by unanimity, on a proposal from the European Parliament or the Commission. That decision, by which an emergency is declared and extraordinary powers are granted to the Commission, shall define the scope of the powers, the detailed governance arrangements and the period during which they apply. The European Parliament or the Council, acting by unanimity, may revoke the decision at any time. The Council and Parliament may, in accordance with the procedure set out in the first subparagraph, review or renew the decision at any time.
Amendment 540 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 234 – subparagraph 1
If a motion of collective censure on the activities of the Commission is tabled before it, the European Parliament shall not vote thereon until at least three days after the motion has been tabled and only by open vote.
Amendment 540 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 234 – subparagraph 1
If a motion of collective censure on the activities of the Commission is tabled before it, the European Parliament shall not vote thereon until at least three days after the motion has been tabled and only by open vote.
Amendment 541 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 234 – subparagraph 2
If the motion of collective censure is carried by a two-thirds majority of the votes cast, representing a majority of the component Members of the European Parliament, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from duties that he or she carries out in the Commission. They shall remain in office and continue to deal with current business until they are replaced in accordance with Article 17 of the Treaty on European Union. In this case, the term of office of the members of the Commission appointed to replace them shall expire on the date on which the term of office of the members of the Commission obliged to resign as a body would have expired.
Amendment 541 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 234 – subparagraph 2
If the motion of collective censure is carried by a two-thirds majority of the votes cast, representing a majority of the component Members of the European Parliament, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from duties that he or she carries out in the Commission. They shall remain in office and continue to deal with current business until they are replaced in accordance with Article 17 of the Treaty on European Union. In this case, the term of office of the members of the Commission appointed to replace them shall expire on the date on which the term of office of the members of the Commission obliged to resign as a body would have expired.
Amendment 546 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 258 – paragraph 2
If the State concerned does not comply with the opinion within theat period laid down byof 12 months, the Commission, the latter may bring the matter before the Court of Justice of the European Union.
Amendment 546 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 258 – paragraph 2
If the State concerned does not comply with the opinion within theat period laid down byof 12 months, the Commission, the latter may bring the matter before the Court of Justice of the European Union.
Amendment 548 #
2022/2051(INL)
Annex to the motion for a resolution
2. If the Commission considers that the Member State concerned has not taken the necessary measures to comply with the judgment of the Court, it may bring the case before the Court, at the latest 12 months after the delivery of the judgment, after giving that State the opportunity to submit its observations. It shall specify the amount of the lump sum or penalty payment to be paid by the Member State concerned which it considers appropriate in the circumstances.
Amendment 548 #
2022/2051(INL)
Annex to the motion for a resolution
2. If the Commission considers that the Member State concerned has not taken the necessary measures to comply with the judgment of the Court, it may bring the case before the Court, at the latest 12 months after the delivery of the judgment, after giving that State the opportunity to submit its observations. It shall specify the amount of the lump sum or penalty payment to be paid by the Member State concerned which it considers appropriate in the circumstances.
Amendment 562 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 342
The rules governing the languages of the institutions of the Union shall, without prejudice to the provisions contained in the Statute of the Court of Justice of the European Union, be determined by the Council, acting unanimously by means of regulations, after consulting the European Parliament.
Amendment 562 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 342
The rules governing the languages of the institutions of the Union shall, without prejudice to the provisions contained in the Statute of the Court of Justice of the European Union, be determined by the Council, acting unanimously by means of regulations, after consulting the European Parliament.
Amendment 238 #
2022/0066(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein. Therefore, to avoid discriminating between the men, women and children who are victims of the violence that this Directive seeks to better combat, the term ‘victim’ should refer to all persons, regardless of their sex, age or gender.
Amendment 255 #
2022/0066(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is a persisting manifestation of structural discrimination against women, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’form of gender-based violence, which is inflicted primarily on women and girls, by men.
Amendment 270 #
2022/0066(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Domestic violence is a serious social problem which often remains hidden, because it usually occurs in a private context. It can lead to serious psychological and physical trauma withat is sometimes invisible but that has severe consequences because the offender typically is a person known to the victims, whom they would expect to be able to trust. Such violence can take on various forms, including physical, sexual, psychological and economic. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.
Amendment 299 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States should therefore pay due regard to victims affected by such intersectionalmore than one discrimination factor, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
Amendment 304 #
2022/0066(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Victims of violence against women and domestic violence are at an increased risk of intimidation, retaliation, secondary and repeat victimisation. Particular attention should thus be paid to these risks and to the need to protect the dignity and physical integrity of such victims, before, during and after the conduct of legal proceedings.
Amendment 343 #
2022/0066(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to address the irreparable and lifelong damage female genital mutilation has on victims, this offence should be specifically and adequately addressed in the criminal laws. Female genital mutilation is an exploitative practice that pertains to the sexual organs of a girl or a woman and that is performed for the purpose of preserving and asserting domination over women and girls and exerting social control over girls and women’s sexuality. It is sometimes performed in the context of child forced marriage or domestic violence. Female genital mutilation may occur as a traditional practice which some communities perform on their female members. It should cover practices undertaken for non-medical reasons. The term “excising” should refer to the partial or total removal of the clitoris and the labia majora. “Infibulating” should cover the closure of the labia majora by partially sewing together the outer lips of the vulva in order to narrow the vaginal opening. The term “performing any other mutilation” should refer to all other physical alterations of the female genitals or of their sexual characteristics.
Amendment 383 #
2022/0066(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Cyber stalking is a modern form of violence which is often perpetrated against family members or persons living in the same household, but also perpetrated by ex-partners or acquaintances. Typically, technology is misused by the offender to proceed to intensify coercive and controlling behaviour, manipulation and surveillance, thereby increasing the victim’s fear, anxiety and gradual isolation from friends and family. Therefore, minimum rules on cyber stalking should be established. The offence of cyber stalking should cover the continuous surveillance of the victim without their consent or legal authorisation by means of information and communication technologies. This might be enabled by processing the victim’s personal data, such as through identity theft or the spying out of such data on their various social media or messaging platforms, their emails and phone, stealing passwords or, hacking their devices or secretly activating keylogging software to access their private spaces, via the installation of geo-localisation apps, including stalkerware, or via stealing their devices. Furthermore, stalking should cover the monitoring of victims, without that person’s consent or authorisation, via technology devices connected through the Internet of Things, such as smart home appliances.
Amendment 404 #
2022/0066(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Victims should be able to report crimes of violence against women or domestic violence easily without being subject to secondary or repeat victimisation. To this end, Member States should provide the possibility to submit complaireport such events online or through other information and communication technologies for the reporting ofmaking complaints about such crimes. Victims of cyber violence should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour.
Amendment 417 #
2022/0066(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Delays in processing complaints of violence against women and domestic violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or spouses. Therefore, the competent authorities should have the sufficient expertise and effective investigative tools to investigate and prosecute such crimes. It should be possible to prosecute such crimes using specialist investigation services and courts.
Amendment 427 #
2022/0066(COD)
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances and vulnerability of the victim. Such circumstances requiring special attention could include the victim’s pregnancy, her material circumstances, her physical and mental health, or the victim’s dependence on or relationship to the offender.
Amendment 437 #
2022/0066(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure comprehensive support and protection to victims, all competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, should be involved in assessing the risks for victims and appropriate support measures on the basis of clear guidelines issued by the Member States. Such guidelines should include factors to be taken into consideration when assessing the risk emanating from the offender or suspect, including the consideration that suspects charged with minor or first offences are as likely to be dangerous as those charged with more severe or repeat offences, especially in cases of domestic violence and stalking.
Amendment 454 #
2022/0066(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Member States should take the necessary measures to ensure the swift availability of emergency barring, restraining and protection orders to ensure effective and rapid protection of victims and their dependants.
Amendment 462 #
2022/0066(COD)
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35a) Member States should mobilise adequate resources, in terms of both material items (electronic tracking ankle bracelets, emergency telephones, etc.) and staff, to ensure that such protection orders are effective.
Amendment 672 #
2022/0066(COD)
Proposal for a directive
Article premier – paragraph 1 – point c
Article premier – paragraph 1 – point c
(c) victims’ protection and victims’ support, irrespective of their sex or gender.
Amendment 754 #
2022/0066(COD)
Proposal for a directive
Chapter 2 – title
Chapter 2 – title
CHAPTER 2 OFFENCES CONCERNING SEXUAL EXPLOITATION OF WOMEN AND CHILDRENPERSONS AND COMPUTER CRIME
Amendment 762 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) engaging with a womaperson in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;
Amendment 766 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) causing a womaperson to engage with another person in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.
Amendment 775 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’person's consent given voluntarily or where the womaperson is unable to form a free will due to her physical or mental condition, thereby exploiting her incapacity to form a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability.
Amendment 783 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’person's silence, verbal or physical non-resistance or past sexual conduct.
Amendment 792 #
Amendment 795 #
2022/0066(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a b (new)
Article 6 – paragraph 1 – point a b (new)
Amendment 797 #
2022/0066(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) coercing or procuring a woman or a girl to undergo any of the acts referred to in point (a)this Article.
Amendment 853 #
2022/0066(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) placing another person under continuous surveillance, without that person’s consent or legal authorisation to do so, by means of information and communication technologies, to track or monitor that person’s movements and activities;
Amendment 900 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall ensure that the criminal offence referred to in Article 5 is punishable by a maximum penalty of at least 815 years of imprisonment and at least 120 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 906 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States shall ensure that an offender of the criminal offence referred to in Article 5, who has previously been convicted of offences of the same nature, mandatorily participates mandatorily participates, on top of their conviction, in an intervention programme referred to in Article 38.
Amendment 914 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offence referred to in Article 6 is punishable by a maximum penalty of at least 57 years of imprisonment and at least 710 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 922 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Member States shall ensure that the criminal offences referred to in Articles 7 and 9 are punishable by a maximum penalty of at least 12 years of imprisonment.
Amendment 1015 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 1024 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient expertise and, effective investigative tools and the necessary human and material resources to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.
Amendment 1135 #
2022/0066(COD)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Member States shall mobilise sufficient human and material resources to ensure that such protection and restraining orders are effectively enforced at all times and in all places.
Amendment 1331 #
2022/0066(COD)
Proposal for a directive
Article 29 – title
Article 29 – title
Specialist support for victims of female genital and sexual mutilation
Amendment 1334 #
2022/0066(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure effective, age-appropriate support to victims of female genital and sexual mutilation, including by providing, gynaecological, sexological, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been perpetrated and for as long as necessary thereafter. This shall also include the provision of information on units in public hospitals that perform clitoral reconstructive surgery. Such support may be provided by the referral centres referred to in Article 28 or any dedicated health centre.
Amendment 1336 #
2022/0066(COD)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Article 27(3) and (6) and Article 28(2) shall be applicable to the provision of support for victims of female genital and sexual mutilation.
Amendment 1494 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital and sexual mutilation.
Amendment 1523 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital and sexual mutilation.
Amendment 50 #
2021/2229(INL)
Annex to the motion for a legislative resolution
resolution 1. The number of representatives in the European Parliament elected in each Member State for the 2024-2029 parliamentary term is set as follows: Belgium 213 Bulgaria 17 Czech Republic 21 Denmark 15 Germany 96 Estonia 78 Ireland 145 Greece 21 Spain 61 France 7981 Croatia 12 Italy 76 Cyprus 6 Latvia 9 Lithuania 11 Luxembourg 6 Hungary 21 Malta 6 Netherlands 31 Austria 20 Poland 523 Portugal 21 Romania 33 Slovenia 9 Slovakia 15 Finland 15 Sweden 21
Amendment 4 #
2021/2213(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the multiplication of crises such as the global consequences of the COVID-19 pandemic and, the Russian war of aggression against Ukraine and the migration crisis at the EU's external borders call for the forging of stronger alliances and more effective partnerships which deliver tangible results in order to better address emerging needs and global challenges;
Amendment 4 #
2021/2213(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the multiplication of crises such as the global consequences of the COVID-19 pandemic and, the Russian war of aggression against Ukraine and the migration crisis at the EU's external borders call for the forging of stronger alliances and more effective partnerships which deliver tangible results in order to better address emerging needs and global challenges;
Amendment 64 #
2021/2213(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses that the agreement must contribute fully to the electrification of developing countries in order to ensure that people’s basic needs are met and productive activities are established;
Amendment 64 #
2021/2213(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses that the agreement must contribute fully to the electrification of developing countries in order to ensure that people’s basic needs are met and productive activities are established;
Amendment 74 #
2021/2213(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recognises the need to enhance cooperation on migration and mobility, including addressing the root causes of irregular migration and forced displacements, as well as to facilitate legal pathways for migrationby making countries of origin and transit more aware of their responsibilities regarding irregular migration and by giving more to partners who cooperate fairly and effectively with the EU in this area;
Amendment 74 #
2021/2213(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recognises the need to enhance cooperation on migration and mobility, including addressing the root causes of irregular migration and forced displacements, as well as to facilitate legal pathways for migrationby making countries of origin and transit more aware of their responsibilities regarding irregular migration and by giving more to partners who cooperate fairly and effectively with the EU in this area;
Amendment 20 #
2021/2146(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Agency’s efforts following Parliament’s resolution of 29 April 2021 with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Border and Coast Guard Agency for the financial year 2019, namely: (1) the recruitment of the fundamental rights officer, who took office on 1 June 2021, and the appointment of the first 20 fundamental rights monitors; regrets the fact that 15 of those appointments were made at AST level; reiterates that Regulation (EU) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors by 5 December 2020; urges the Agency to swiftly recruit the remaining 20 fundamental rights monitors and to appoint them at AD level; deeply regrets the delay in the recruitment of the fundamental rights monitors and recalls that this poses a serious risk to operations and reputation of the Agency; welcomes the cooperation between the Agency and the European Union Agency for Fundamental Rights towards completing the recruitment of the reminding fundamental rights monitors; (2) the appointment of the three deputy executive directors in 2021; and (3) the update of the Standard Operating Procedure for Serious Incident Reporting in May 2021;
Amendment 25 #
2021/2146(DEC)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 1642 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 9/23
Annex 1 – part 9/23
Add the following to the comprehensive network: - Colmar - Freiburg rail passengers line
Amendment 1643 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 9/23
Annex 1 – part 9/23
Add the following to the comprehensive network: - Haguenau - Roeschwoog - Rastatt rail passengers line
Amendment 22 #
2021/0046(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 4 – point a
Article premier – paragraph 1 – point 4 – point a
Règlement (UE) 2019/816
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a flag indicating, for the purpose of [Regulation (EU) 2018/1240 and of Article 11 and 12 of Regulation (EU) …/… [Regulation on Screening], that the third- country national concerned has been convicted for a terrorist offence or any other criminal offence listed in the annex to Regulation (EU) 2018/1240 if they are punishable under national law by a custodial sentence or a detention order for a maximum period of at least threone years, and in those cases the code of the convicting Member State(s).’;
Amendment 33 #
2020/2134(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 48 #
2020/2134(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Deems that the introduction of binding EU legislation on business due diligence can help improve the defence of human rights and compliance with environmental standards in the fight against climate change in developing countries; calls on the Commission to continue working towards the approval of the UN binding treaty for transnational corporations on human rights;
Amendment 4 #
2020/2045(INI)
Draft opinion
Recital A
Recital A
A. whereas the EU Facility for Refugees in Turkey (FRT) was created in 2016 in the framework of the EU-Turkey statement and manages EUR 6 billion; whereas human rights violations have taken place under this agreement which are incompatible with the EU Charter of Fundamental Rights;
Amendment 16 #
2020/2045(INI)
Draft opinion
Recital B
Recital B
B. whereas the EU Emergency Trust Fund for stability and addressing root causes of irregular migration and displaced persons in Africa (EUTF) was established in 2015; whereas the EUTF makes predominant use (90 %) of Official Development Assistance; whereas it became the main financial instrument for the EU’s political engagement with African partners in the field of migration; whereas the EUTF has funded over 500 projects in more than 25 countries in Africa for a total of over EUR 4.8 billion; whereas the EUTF has raised concerns about contributing to inhumane and degrading treatment and/or financing actors that have committed human rights violations, such as in Libya, Eritrea and Sudabecome a major and flexible tool for achieving stability in third countries and for combating forced displacement and the root causes of irregular migration;
Amendment 30 #
2020/2045(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. DeplorWelcomes the fact that bothion and results achieved by the EUTF and the FRT are ad hoc instruments that were set up outside the EU budget, raising concerns over their lack of transparency and democratic accountability; points out that their governance structures deviate from ordinary decision-making and bypass parliament scrutiny; stresses that these instruments must be implemented in accordance with fundamental rights;
Amendment 43 #
2020/2045(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concerned aboutConsiders the governance of the EUTF: the composition of its board and regional operational committees, the opacity of the process for approving projects, the lack of dialogue with local and human rights CSOs, and the lack of ex ante and ongoing impact assessments on fundamental rights and its adaptability and flexibility to be assets; notes, however, that the EUTF would benefit from improved parliamentary scrutiny;
Amendment 58 #
2020/2045(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the EUTF is part of a trend of the securitisation and externalisation of EU border management aimed at reducing irregular migrNotes with satisfaction that the EUTF contributes, in conjunction with the beneficiary States and on the basis of a genuine partnership, to EU border securitisation and management; welcomes the fact thati on toe of the EU; stresses the risks to development objectives and fundamental rights associated with this approach.main aims of the EUTF is to reduce irregular migration to the EU;
Amendment 6 #
2020/2041(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that while the EU is both Africa's biggest investor and its biggest development fund donor, with almost EUR 20 billion allocated every year by the EU and its Member States, as a region sub-Saharan Africa still ranks lowest in the world on the human development index;
Amendment 21 #
2020/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the issue of migration must be prioritised in a context in which more than half of all asylum applications in the EU are rejected in a final court decision3; takes the view, therefore, that we must focus on making returns more effective by signing readmission agreements and issuing consular laissez-passers and are, therefore, unfounded; recalls that only a minority of unsuccessful asylum seekers are actually removed from European soil; asks therefore for the focus to be on making returns more effective by signing readmission agreements and issuing consular laissez-passers, but also on implementation of development programmes to combat the root causes of illegal migration and reintegrate asylum seekers on a long-term basis into the society to which they are returned; _________________ 3 Source: EUROSTAT
Amendment 39 #
2020/2041(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Suggests that African states that cooperate more on combating illegal immigration can receive more under the new strategy; in a partnership of equals, aid must be reciprocated;
Amendment 43 #
2020/2041(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Points out that some African countries do not have reliable civil registration agencies, and hence many of their citizens have no official existence in law and are, as a consequence, deprived of their civic rights and unable to take part in democratic processes and to vote; points out that this leads to a lack of reliable and pertinent demographic statistics;
Amendment 60 #
2020/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the digitisation and modernisation of public administration in African countries, in particular with a view to developing reliable civil registration agencies, secure identity documents, and promoting data exchange so as to combat terrorism and organised crime;
Amendment 71 #
2020/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes Africa’s sustained economic growth; calls, therefore, on the AU to do its utmost to guarantee a decent future for its young people, the main driving force behind the continent’'s development4, and thus to contribute to stopping the arrival of unaccompanied minors, exploited by smugglers, in Europe and to cooperate in readmitting those eligible for return; _________________ 4 62% of sub-Saharan Africa’s population is under 25 years of age https://population.un.org/wpp/Publications/ Files/WPP2019_Highlights.pdf
Amendment 42 #
2020/2022(INI)
Motion for a resolution
Recital F
Recital F
Amendment 127 #
2020/2022(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the removal of online content must be consistent with the freedoms of expression and communication;
Amendment 198 #
2020/2022(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that certain types of legal, yet harmful, content should also be addressed to ensure a fair digital ecosystem; expects guidelines to include increased transparency rules on content moderation or political advertising poStresses that, given the need to reconcile the removal of content with freedom of expression, only content, which is illegal, or presumed to be illegal, should be blocked or removed, with the possibilicty to ensure that removals and the blocking of harmful content are limited to the absolute necessaryof effective legal redress. Legal content should not, by nature, be subject to any removal or blocking;
Amendment 48 #
2020/2011(INI)
Motion for a resolution
Recital B
Recital B
B. whereas persistent and structural anti-gypsyism continues to exist at all levels of European society and manifests itself on a daily basisanti-gypsyism manifests itself regularly in European society;
Amendment 105 #
2020/2011(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the equal participation of local and regional stakeholders (NGOs, activists, experts, community members, etc.) must be significantly involved in the development, implementation and monitoring of public policies towards people with Romani background, in the post-2020 context, while respecting the prerogatives and sovereignty of Member States in implementing their Roma integration strategies;
Amendment 119 #
2020/2011(INI)
Motion for a resolution
Recital G
Recital G
G. whereas under COVID-19 lockdowns, the situation of marginalised communities of people of Romani background in overcrowded compounds and settlements is very difficult; whereas certain people of Romani background do not have access to adequate healthcare, sanitation and food, and are particularly at risk; whereas the Member States must deliver emergency support and medical care in order to limit the spread of the virus; whereas racism, exclusion and discrimination against people of Romani background should be urgently addressed by the Union and its Member States;
Amendment 154 #
2020/2011(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to develop a proposal for a post-2020 EU directive for the equality and inclusion of people with Romani background, giving priority to (i) achieving a positive impact; (ii) a rights-and-obligations-based approach, including a plan to eliminate social and economic inequalities; (iii) developing a vision for the future proposal, including specific, measurable, achievable, relevant and time- bound objectives to protect and improve the inclusion of people with Romani background; and (iv) eliminating inequalities, especially for children from their earliest years;
Amendment 164 #
2020/2011(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to ensure the equal participation of Romani and pro- Romani civil society organisations, experts and community members, including those active at local and regional level, taking into account a gender perspective in both the policy debate and in decision-making;
Amendment 253 #
2020/2011(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 35 #
2020/2009(INI)
Motion for a resolution
Recital A
Recital A
A. whereas media freedom, pluralism and, independence and responsibility are crucial components of the right of freedom of expression and are essential to the democratic functioning of the EU and its Member States;
Amendment 86 #
2020/2009(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the internet and social media play a role in spreading hate speech and fostering radicalisation leading to violent extremism, through the circulation of illegal and anonymous content;
Amendment 98 #
2020/2009(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the spread of false news and disinformation available via social media or search websites poses a threat to freedom of speech and expression and the independence of the media, and has strongly impaired the credibility of theincreased the need for high-quality traditional media;
Amendment 111 #
2020/2009(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates its continued deep concern about the state of media freedom within the EU in the context of the abuses and attacks still being perpetrated against journalists and media workers in thsome Member States because of their activities, as well as the growing public denigration and general weakening of the profession, weighing particularly heavily on local, investigative and cross-border journalism;
Amendment 117 #
2020/2009(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is deeply shattered by the murders of Daphne Caruana Galizia in Malta and Ján Kuciak and his fiancée Martina Kušnírová in Slovakia due to their investigative work, and reiterates the importance of concluding an independent investigation to bring to justice the perpetrators of and masterminds behind these crimes;
Amendment 129 #
2020/2009(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly reiterates its call on the Commission to treat attempts by some Member State governments to damage media freedom and pluralism as constituting a serious and systematic abuse of powers and as going against the fundamental values of the EU as enshrined in Article 2 TEU; welcomes, therefore, the Commission’s intention to include a specific chapter on monitoring media freedom and pluralism in its Annual Report on the Situation of the Rule of Law within the EU; urges the Commission to take into account the impact of the emergency measures taken in 2020 in the context of COVID-19 on press freedom, media pluralism and safety of journalists; in this context, recalls Parliament’s repeated call for a permanent, independent and comprehensive mechanism covering democracy, the rule of law and fundamental rights in the EU;
Amendment 137 #
2020/2009(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; condemns attempts by some Member State governments to silence critical media and undermine media freedom and pluralism, in particular attempts to control public service media; deplores the fact that in some Member States public broadcasting has become an example of single political party propaganda, which often excludes opposition and minority groups from society and even incites violence; stresses that safeguarding independent authorities and ensuring strong independent oversight of audiovisual media against undue state and commercial intervention is crucial;
Amendment 208 #
2020/2009(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Condemns all types of incidents of hate crime and hate speech that occur regularly within the EU and elsewhere;
Amendment 211 #
2020/2009(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls, further, on the Member States, within the limits set by law, to guarantee and encourage freedom of expression, which is essential to vigorous democratic debate.
Amendment 252 #
2020/2009(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that political profiling, disinformation and manipulation of information may be used by political parties and private or public entities, and reiterates its concern about the fact that evidence of interference is continuously coming to light, often with indications of foreign influence, in the run-up to all major national and EU elections, with much of this interference benefiting anti-EU, extreme right-wing and populist candidates and targeting specific minorities and vulnerable groups;
Amendment 180 #
2020/0279(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence oflimit internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on solidarity between Member States, which is fair towards third- country nationals.
Amendment 194 #
2020/0279(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to ensure the effective return of illegally staying third-country nationals, to prevent irregular migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.
Amendment 254 #
2020/0279(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should also be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable persons.
Amendment 312 #
2020/0279(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 324 #
2020/0279(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 336 #
2020/0279(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 345 #
2020/0279(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 360 #
2020/0279(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The overall contribution of each Member State to the solidarity pool should be determined through indications by Member States of the measures by which they wish to contribute. WherThe Member States contributions are insufficient to provide for a sustainable solidarity responseshould have the choice of refusing to accept any relocations. In such cases, the Commission should be empowered to adopt an implementing act setting out the total number of third- country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the GDP of each Member State. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report, the Commission should be able to adjust the contributions of these Member States which should then contribute half of their share identified according to the distribution key either by way or relocation, or when so indicated, ibutions to be provided in other areas by way of a response based on solidarity and sustainability, in particular through return sponsorship.
Amendment 401 #
2020/0279(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 421 #
2020/0279(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States alsoin particular in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039. Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 432 #
2020/0279(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorship. That reduction should be shared proportionately among the other Member States taking such measures.
Amendment 435 #
2020/0279(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 514 #
2020/0279(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to limitbring an end to unauthorised movements and to ensure that the Member States have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another Member State than the Member State responsible without fulfilling the conditions of stay in that other Member State to the Member State responsible, and to ensure effective solidarity between Member States, this Regulation should also apply to beneficiaries of international protection. Likewise, this Regulation should apply to persons resettled or admitted by a Member State in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or who are granted international protection or humanitarian status under a national resettlement scheme.
Amendment 516 #
2020/0279(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) In order to bring an end to unauthorised movements, this Regulation should provide for the invalidity of an application for international protection where the applicant has made an unauthorised movement or absconded.
Amendment 517 #
2020/0279(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 535 #
2020/0279(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration oftaken into account by Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security consideratddition, specific procedures should be implemented to combat the perversions and the views of the minor in accordance with his or her age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerabilityabuse of the status of unaccompanied minor, particularly by introducing systematic bone testing, in order to dismiss the most manifestly unfounded applications.
Amendment 546 #
2020/0279(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for family life should be a primarytaken into consideration ofby Member States when applying this Regulation.
Amendment 561 #
2020/0279(COD)
Proposal for a regulation
Recital 47
Recital 47
Amendment 582 #
2020/0279(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international profor proving the existence of a family should be based on the production of original documentary evidence and DNA tecstiong.
Amendment 624 #
2020/0279(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another Member State, rules allowing for cessation or shift of responsibility where the person leaves the territory of the Member States for at least three months during examination of the application or as soon as he or she absconds to evade a transfer to the Member State responsible for more than 18 months should be deleted. The shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should also be removed in order to discourage circumventing the rules and obstruction of procedure. In situations where a person has entered a Member State irregularly without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomes responsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorised movements and increase the overall efficiency of the CEAS.
Amendment 648 #
2020/0279(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regular home detention of applicants throughout the examination of their application should be the rule, and their free movement the exception.
Amendment 661 #
2020/0279(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) In accordance with Commission Regulation (EC) No 1560/200345, transfers to the Member State responsible for examining an application for international protection may be carried out on a voluntary basis, by supervised departure or under escort. Member States should promote voluntary transfers by providing adequate information to the person concerned and should ensure that supervised or escorted transfers are undertaken in a humane manner, in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child and taking utmost account of developments in the relevant case law, in particular as regards transfers on humanitarian grounds. _________________ 45Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, OJ L 222, 5.9.2003, p. 3.
Amendment 716 #
2020/0279(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the identification of family members or relatives of an unaccompanied minor, but also the assessment of his or her age; the criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to take care of a dependent person and the elements to be taken into account in order to assess the inability to travel for a significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 848 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(qa) ‘unauthorised movement’ means an irregular movement by applicants while their applications are being examined by the Member State responsible;
Amendment 850 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point r
Article 2 – paragraph 1 – point r
(r) ‘benefitting Member State’ means the Member State benefitting from the solidarity measures in situations of migratory pressure or for disembarkations following search and rescue operations as set out in Chapters I-III of Part IV of this Regulation;
Amendment 871 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point v
Article 2 – paragraph 1 – point v
Amendment 915 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregular migration andmeasures to tackle irregular migration and its root causes, measures to combat migrant smuggling, and enhancing cooperationmeasures on readmission;
Amendment 954 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) full respect of the obligations laid down in international and European law concerning persons rescued at sea;
Amendment 1037 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the effective return of those who are illegally staying;
Amendment 1074 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) take all reasonable and proportionate measures to prevent and correctuseful measures to put an end to unauthorised movements between Member States.
Amendment 1263 #
2020/0279(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. An unauthorised movement by the applicant shall automatically result in the invalidation of his or her application for international protection.
Amendment 1383 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews of unaccompanied minors shall be conducted in a child-friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representative and, where applicable, the minor’s legal advisor. Where necessary, Member States shall have recourse to an interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may requestshall not be entitled to be interviewed andor assisted by staff of the same sex.
Amendment 1399 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The best interests of the child shall be a primarytaken into consideration forby Member States with respect to all procedures provided for in this Regulation.
Amendment 1400 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Persons seeking to gain the status of a minor or an unaccompanied minor shall undergo bone testing for the purpose of excluding the most manifestly unfounded applications. Any refusal to undergo this testing shall mean that such a status is not recognised. These provisions shall not apply in cases where the person’s age can be substantiated by means of formal and incontrovertible evidence such as a genuine identity card.
Amendment 1425 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following factors:.
Amendment 1427 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
Amendment 1433 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
Amendment 1443 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
Amendment 1455 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point d
Article 13 – paragraph 4 – point d
Amendment 1460 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point e
Article 13 – paragraph 4 – point e
Amendment 1471 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall make sure that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.
Amendment 1524 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 6 – point a
Article 15 – paragraph 6 – point a
(a) the identification of family members or relatives of unaccompanied minors, as well as an assessment of the age of these latter;
Amendment 1828 #
2020/0279(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 2
Article 33 – paragraph 3 – subparagraph 2
A decision not to suspend the implementation of the transfer decision shall state the reasons on which it is based.
Amendment 1857 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States shall notmay hold a person in detention or place him or her under house arrest for the sole reason that he or she is subject to the procedure established by this Regulation.
Amendment 1862 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a risk of absconding, Member States may detain the person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances.
Amendment 2096 #
Amendment 2106 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
Amendment 2109 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
Amendment 2113 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Amendment 2117 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
Amendment 2131 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
Amendment 2136 #
Amendment 2145 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
Amendment 2150 #
Amendment 2152 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – point a
Article 48 – paragraph 2 – point a
Amendment 2158 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – point b
Article 48 – paragraph 2 – point b
Amendment 2162 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1
Article 48 – paragraph 2 – subparagraph 1
Amendment 2167 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 2
Article 48 – paragraph 2 – subparagraph 2
Amendment 2171 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 3
Article 48 – paragraph 2 – subparagraph 3
Amendment 2174 #
2020/0279(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
Amendment 2175 #
Amendment 2434 #
2020/0279(COD)
Proposal for a regulation
Article 56 – paragraph 1 a (new)
Article 56 – paragraph 1 a (new)
1a. A Member State may refuse to take part in the relocation measures. In this case, it must put in place other solidarity measures.
Amendment 2597 #
2020/0279(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 210 #
2020/0278(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The screening should be conducted at or in proximity to the external border, before the persons concerned are authorised to enter the territory. The Member States should apply measures pursuant to national law to prevent the persons concerned from entering the territory during the screening. In individual cases, where required, this mayThis includes detention, subject toin accordance with the national law regulating that matter.
Amendment 222 #
2020/0278(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In view of the purpose of the derogation referred to in Article 6(5) of Regulation (EU) 2016/399, persons whose entry has been authorised by a Member State under that provision in an individual decision should not be submitted to the screening despite the fact that theyAs the goal of screening is to increase security at external borders and in the area of free movement, all persons whose entry has been authorised by a Member State under the derogation referred to in Article 6(5) of Regulation (EU) 2016/399, as the persons covered by that provision do not fulfil all entry conditions.
Amendment 262 #
2020/0278(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) When conducting the screening, the competent authorities should comply with the Charter of Fundamental Rights of the European Union and ensure the respect for human dignity and should not discriminate against persons on grounds of sex, racial, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinions, membership of a national minority, disability, age or sexual orientation. Particular attention should be paid to tThe best interests of the child should be taken into account.
Amendment 272 #
2020/0278(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, during the screening, each Member State should establish a monitoring mechanism and put in place adequate safeguards for the independence thereof. The monitoring mechanism should cover in particular the respect for fundamental rights in relation to the screening, as well as the respect for the applicable national rules regarding detention and compliance with the principle of non-refoulement as referred to in Article 3(b) of Regulation (EU) 2016/399. The Fundamental Rights Agency should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States should furthermore be allowed to request the support of the Fundamental Rights Agency for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the Fundamental Rights Agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. Member States should also be allowed to invite relevant and competent national, international and non-governmental organisations and bodies to participate inassist with the monitoring. The independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896. The Member States should investigate allegations of the breach of the fundamental rights during the screening, including by ensuring that complaints are dealt with expeditiously and in an appropriate way.
Amendment 293 #
2020/0278(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) Bone testing should be offered to those screened who claim to be minors, with a view to confirming their minor status and ruling out the most obviously unfounded applications for recognition as a minor;
Amendment 307 #
2020/0278(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to establish the identity of the persons subject to the screening, a verification should be initiated in the CIR in the presence of the person during the screening. During that verification, the biometric data of the person should be checked against the data contained in the CIR. Where the biometric data of a person cannot be used or if a query with that data fails, the query could be carried out with identity data of the person in combination with travel document data, where such data are available. In accordance with the principles of necessity and proportionality, and wWhere the query indicates that data on that person are stored in the CIR, Member State authorities should have access to the CIR to consult the identity data, travel document data and biometric data of that person, along without the CIR providing any indication as to which EU information system the data belong tosource of that data.
Amendment 375 #
2020/0278(COD)
Proposal for a regulation
Article premier – paragraph 3
Article premier – paragraph 3
The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internal security. The screening shall also entail health checks and medical examinations, where appropriate, to identify persons vulnerable and in the need of health care as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.
Amendment 388 #
2020/0278(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
5a. 'bone testing': the performance of a medical examination, including the taking of X-rays and their comparison with an atlas, with the aim of determining, subject to a margin of error, whether a person is an adult or a minor;
Amendment 416 #
2020/0278(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The screening is without prejudice to the application of Article 6(5) of Regulation (EU) 2016/399, except the situation where the beneficiary of an individual decision issued by the Member State based onshall also apply to persons covered by Article 6(5)(c) of that Regulation is seeking international protection(EU) 2016/399.
Amendment 426 #
2020/0278(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall not be authorised to enter the territory of a Member State.
Amendment 488 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6a. The screening of third-country nationals who claim to be minors may also include bone testing with a view to confirming their status as minors and dismissing the most obviously unfounded applications for minor status.
Amendment 495 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 1
Article 6 – paragraph 7 – subparagraph 1
Member States shall designate qualified medical staff to carry out the health check provided for in Article 9 and the bone testing provided for in Article 6. National child protection authorities and national anti- trafficking rapporteurs shall also be involved, where appropriate.
Amendment 572 #
2020/0278(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Member States may invite relevant national, international and non- governmental organisations and bodies to participate inassist with the monitoring.
Amendment 613 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point f a (new)
Article 8 – paragraph 2 – point f a (new)
(fa) bone testing to confirm or annul minor status.
Amendment 659 #
2020/0278(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) identity, travel or any other documents;
Amendment 709 #
2020/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(aa) where relevant, the performance of a bone test and the conclusions of that test;
Amendment 819 #
2020/0278(COD)
Proposal for a regulation
Annex 1 – point 10a (new)
Annex 1 – point 10a (new)
10a. Performance of bone testing: □ Yes □ No If testing was performed, conclusions of the test:
Amendment 92 #
2020/0277(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should as a general rule ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towardsbenefits European citizens and respects the fundamental rights of third-country nationals.
Amendment 137 #
2020/0277(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A mass influx of persons crossing the border irregularly and within a short period of time may lead to a situation of crisis in a particular Member State. That may also have consequences for the functioning of the asylum and migration system, not only in that Member State but in the Union as a whole, due to unauthorised movements and the lack of capacity in the Member State of first entry to process within a reasonable timeframe and to an acceptable standard the applications for international protection of such third-country nationals. It is necessary to lay down specific rules and mechanisms that should enable effective action to address such situations.
Amendment 166 #
2020/0277(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to quickly help alleviate the pressure faced by a Member State in a situation of crisis, the scope of voluntary relocation should include all categories of applicants for international protection, including persons granted immediate protection, as well as beneficiaries of international protection and irregular migrants. Furthermore, a Member State that provides return sponsorship should transfer the illegally staying third-country national from the benefitting Member State if the person concerned does not return or is not removed within four months, instead of eight months as provided for by Regulation (EU) XXX/XXX [Asylum and Migration Management].
Amendment 178 #
2020/0277(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The procedural rules set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] for carrying out voluntary relocation and return sponsorship should be applied for the purpose of ensuring the proper implementation of the solidarity measures in a situation of crisis, although they should be adjusted in order to take into account the gravity and urgency of that situation.
Amendment 223 #
2020/0277(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure that Member States have the necessary flexibility when confronted with a large influx of migrants expressing the intention to apply for asylum, the application of the border procedure, established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] should be broadened, and an asylum crisis management procedure should allow Member States to take a decision in the framework of a border procedure also on the merits of an application in cases where the applicant is of a nationality, or, in the case of stateless persons, a former habitual resident of a third country, for which the proportion of decisions granting international protection Union-wide is 7590% or lower. As a result, in the application of the crisis border procedure, Member States should continue applying the border procedure as provided by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] but could extend the application of the border procedure to nationals who come from third countries where the EU-wide average recognition rate is above 20% but under 7590%.
Amendment 238 #
2020/0277(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In a situation of crisis, in view of the possible strain on the asylum system, Member States should have the possibility not to authorise the entry in their territory of applicants subject to a border procedure for a longer period of time than the ones set in Article 41 (11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation]. However, the procedures should be completed as soon as possible and in any event the periods of time should only be prolonged by an additional period not exceeding eight12 weeks; if those procedures cannot be completed by the expiry of that prolonged period, applicants should be authorised to enter the territory of a Member State for the purpose of completing the procedure for international protection.
Amendment 250 #
2020/0277(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) When applying the return crisis management procedure, illegally staying third-country nationals or stateless persons who have no right to remain and are not allowed to remain should not be authorised to enter the territory of the Member State concerned and should be kept at the locations referred to in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] for a period that may be longer than the one established by that Article in order to enable authorities to cope with the situations of crisis and finalise return procedures; for this purpose, the maximum duration of 12 weeks of the border procedure for carrying out return set out in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] could be prolonged by an additional period that may not exceed eight12 weeks. During that period, it should be possible to keep the illegally staying third- country nationals in detention, in application of Article 41(a)(5) and (6) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], provided that the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [recast Return Directive] are respected, including the individual assessment of each case, judicial control of detention and adequate conditions of detention.
Amendment 293 #
2020/0277(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 302 #
2020/0277(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 309 #
2020/0277(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 316 #
2020/0277(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 326 #
2020/0277(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 371 #
2020/0277(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) To support Member States who voluntarily undertake relocation as a solidarity measure, financial support from the EU budget should be provided.
Amendment 384 #
2020/0277(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 533 #
2020/0277(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) By way of derogation from Article 41(2)(b) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], Member States may in a border procedure take decisions on the merits of an application in cases where the applicant is of a nationality, or, in the case of stateless persons, a former habitual resident of a third country, for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 7590% or lower, in addition to the cases referred to in Article 40(1) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation];
Amendment 540 #
2020/0277(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of maximum eight12 weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection.
Amendment 552 #
2020/0277(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) By way of derogation from Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum period during which third- country nationals or stateless persons shall be kept at the locations referred to in that Article may be prolonged by an additional period of maximum eight12 weeks;
Amendment 557 #
2020/0277(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) In addition to the cases provided for by Article 6(2) of Directive XXX [recast Return Directive], Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when at least one of the criteriona referred to in Article 6(1), point (f) of Directive XXX [recast Return Directive] is fulfilled or when the applicant, third- country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by Article 7 of that Directive.
Amendment 606 #
2020/0277(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 2 #
2019/2208(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November on the use of the Schengen Information System for the return of illegally staying third country nationals (‘SIS return’),
Amendment 3 #
2019/2208(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
- having regard to regulation (EU) 2020/851 of the European Parliament and of the Council of 18 June 2020 amending Regulation (EC)No 862/2007,
Amendment 4 #
2019/2208(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- - Having regard to the Commission proposal on the Regulation of the European Parliament and of the Council on the recast of Eurodac (COM(2016) 272 final),
Amendment 5 #
2019/2208(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
- - Having Regard to the Conclusions of the European Council of October 2016 and June 2018,
Amendment 6 #
2019/2208(INI)
Motion for a resolution
Citation 18
Citation 18
Amendment 8 #
2019/2208(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to the Frontex evaluation report 15 of June 2020 on return operations 2nd semester 2019,
Amendment 10 #
2019/2208(INI)
Motion for a resolution
Citation 21 b (new)
Citation 21 b (new)
- having regard to the Europol European Migrant Smuggling 4th Annual Report, 2019, of 15 of May 2020,
Amendment 12 #
2019/2208(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to the reports on the application of the Schengen acquis in the field of return produced in accordance with Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen,
Amendment 21 #
2019/2208(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the twofold objective of the directive is effective return in line with fundamental rights and the principle of proportionality; whereas in its recommendation on making returns more effective, the Commission focuses on the rate of returns as the primary indicator of the directive’s effectivenessnamely, to establish common rules concerning return, removal, use of coercive measures, detention and entry bans in line with fundamental rights and the principle of proportionality;
Amendment 29 #
2019/2208(INI)
Motion for a resolution
Recital D
Recital D
D. whereas disaggregated and comparable data relating to the implementation of the directive is often not collected or publicly available; publicly available, namely through Eurostat; whereas more and better information will be available with the implementation of regulation 2018/1860 on the use of the Schengen Information System for the return of illegally staying third-country nationals (‘SIS return’) and with Regulation (EU) 2020/851 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection;
Amendment 33 #
2019/2208(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas between 2014 and 2018 five million people were found illegally present in the Union; whereas during the same period less than half were issued a return decision and less than 800.000 left the territory;
Amendment 36 #
2019/2208(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas between 2014 and 2018 over four million peoples requested asylum in Europe and less than half were granted asylum;
Amendment 37 #
2019/2208(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas Member States do not systematically share information on return decisions or entry bans issued, making impossible in practice the mutual recognition of return decisions issued by Member States and their enforcement Union-wide;
Amendment 38 #
2019/2208(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. Whereas in order to increase the efficiency of readmissions, and in order to ensure the coherence of returns at a European level, it will be necessary to adopt new EU agreements which should take preference over bilateral agreements between Member States and third countries;
Amendment 40 #
2019/2208(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. DeplorNotes the lack of a recentn implementation assessment and calls on the Commission to carry out such an assessmentfrom the European Commission, which hwas been overdue since 2017, as a matter of urgency;
Amendment 43 #
2019/2208(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates the importance of an evidence-based approach to guide coherent policy-making and well-informed public discourse and calls on the Commission to urge and support Member States to collect and publish qualitative and quantitative data on the implementation of the directive; data on the implementation of the directive, making use in particular of the new instruments available, such as SIS return and Regulation (EU) 2020/851 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection;
Amendment 52 #
2019/2208(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the Commission’s statement that the return rate decreased from 46 % in 2016 to 37 % in 2017 may not present the full picture, as people who received a return decision were not necessarily returned within the same year, sgiven the inherent margin of freedome Member States issue more than one return decision to one person, or to people whose whereabouts are unknown, and return decisions are not withdrawn if the return does not take place owing to difficulties in cooperation with third countries or for humanitarian reasonshave in the implementation of the rules provided for by the Return Directive;
Amendment 56 #
2019/2208(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the Commission’s statement that the return rate decreased from 46 % in 2016 to 37 % in 2017 may not present the full picture, as people who received a return decision were not necessarily returnedshows that structurally, a majority of illegal migrants, although refused the right to asylum by a definitive legal decision taken in accordance within the same year, some Member States issue more than one return decision to onrule of law, are illegally remaining in the pterson, or to people whose whereabouts are unknown, and return decisions are not withdrawn if the return does not take place owing to difficulties in cooperation with third countries or for humanitarian reasonsritory of the European Union; asserts that this situation, which weakens the authority of the Union's courts and the sovereignty of the peoples of Europe, is no longer tolerable;
Amendment 58 #
2019/2208(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is concerned that since 2015, despite the increase of illegal entries, neither the issuance of return decisions nor its execution have increased, on the contrary the number of enforced return decisions has been decreasing since 2016;
Amendment 63 #
2019/2208(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the importance of improving the effective implementation of the directive; highlights that such effectiveness should not only be meas and the effectiveness of return procedureds in quantitative terms by referring to the return rate, but also in qualitative terms, such as the sustainability of returns and fundamental rightsthe Member States; highlights that such effectiveness be measured;
Amendment 77 #
2019/2208(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance of ensuring migrants' compliance with return decisions and recalls the key principle enshrined in the directive that voluntary returns should be prioritised over forced returns, where there are no reasons to believe that this would undermine the purpose of a return procedure;
Amendment 88 #
2019/2208(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the importance of fair, swift and effective procedures for the return of third-country nationals not entitled to protection, which respects the fundamental rights of the persons concerned. Special attention needs to be paid in particular to the return of rejected asylum seekers, who represent a significant share of the irregular migrants in the EU, where significant procedural gaps between asylum and return procedures exist in the EU;
Amendment 92 #
2019/2208(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 94 #
2019/2208(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls the need to eliminate loopholes between asylum and return procedures, notably the possibilities to unduly suspend return procedures by lodging subsequent asylum applications for the sole purpose of hampering returns; calls on Member States to put in place the necessary procedures for that effect, in compliance with the Asylum Procedure Directive and the Return Directive;
Amendment 98 #
2019/2208(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that under Article 7 of the directive, a return decision shall provide for an appropriate period for voluntary departure, which Member States have to extend, where necessary, shall extend, taking into account the specific circumstances of the individual case; stressnotes that a relatively short period for voluntary departure may hinder or altogether prevent voluntary departureMember States’ national programmes to assist the voluntary departure are sometimes insufficient in scope and means;
Amendment 99 #
2019/2208(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that under Article 7 of the directive, a return decision shall provide for an appropriate period for voluntary departure, which Member States have to extend where necessary, taking into account the specific circumstances of the individual case; stresses that a relatively short period for voluntary departure may hinder or altogether prevent voluntary departure;
Amendment 109 #
2019/2208(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 113 #
2019/2208(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that a broad definition of the risk of absconding may lead to Member States frequently refraining from granting a period for voluntary departure; recalls that lifting the voluntary departure period also leads to the imposfacilitate the exercise of the obligation of cooperation with the authoritiones of an entry ban, which may further undermine voluntary departurepersons who are the subject of a removal;
Amendment 123 #
2019/2208(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that the directive requires return and entry-ban decisions and decisions on removal shouldto be individualised, clearly justified with reasons in law and in fact, issued in writing, and complete with information about available remedies;
Amendment 139 #
2019/2208(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that the directive allows for the temporary suspension of the enforcement of a removal, pending a decision relating to return; underlines the importance ofstresses that such a suspensive effect in cases where there is a risk of refoulementmay undermine the effectiveness of returns; notes that in most countries, appeal against return is not automatically suspensive, which may diminish protection and increase administrative burdenskes the enforcement of return procedures easier;
Amendment 140 #
2019/2208(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 157 #
2019/2208(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 163 #
2019/2208(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concernWelcomes the widespread automatic imposition of entry bans, which in some Member States are enforced alongside voluntary departure; stresses that this approach risks reducing incentives to comply with a return decismakes it possible to better combat illegal migration and protect the borders of the European Union;
Amendment 170 #
2019/2208(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that although the threat of imposition of an entry ban may serve as an incentive to leave a country within the time period of voluntary departure, once imposed, entry bans actually reduce the incentive to comply with a return decision and may increase the risk of abscondingthe directive has rules allowing for entry bans to be lifted and calls on Member States to make use of these when necessary;
Amendment 172 #
2019/2208(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that although the threat of imposition of an entry ban may serve as an incentive to leave a country within the time period of voluntary departure, once imposed, entry bans actually reduce the incentive to comply with a return decision and may increase the risk of abscondingis a factor in the fight against illegal migration and makes it possible to uphold the integrity of EU borders and EU laws regarding migration;
Amendment 178 #
2019/2208(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that entry bans have been particularly disproportionate consequences for families and children; welcomes the option introduced by some Member States to exempt children from the impositiuseful , regardless of the profile of the persons of an entry ban, but stresses that children’s interests should also be a primary consideration when deciding on the entry ban of their parentsr groups of persons to whom they apply;
Amendment 197 #
2019/2208(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is concerned that the legislation of several Member States includes extensive listvarying definitions of ‘objective criteria’ for definingthe assessment of the risk of absconding, which are often applied in a more or less automatic way, while individual circumstances are of marginal considerat in national legislation of Member States may result in inconsistent application of detention across the Union;
Amendment 198 #
2019/2208(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is concernedWelcomes the fact that the legislation of several Member States includes extensive lists of ‘objective criteria’ for defining the risk of absconding, which are often applied in a more or less automatic way, while individual circumstances are of marginal considerationis in keeping with the letter and spirit of the Directive;
Amendment 207 #
2019/2208(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the directive establishes that returnees may lawfully be detained where other less coercive measures cannot be applied; expresses regret that despite the obligation to apply detention as a measure of last resort, in practice, very few viable alternatives to detention are developed and applied by Member States; calls on Member States, as a matter of urgency, to offer viable community-basedcalls on the Member States to report on the measures they take as an alternatives to detention;
Amendment 219 #
2019/2208(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that a significant number of children are still detained in the European Union as part of return procedures, which constitutes a direct violation of the UN Convention on the Rights of the Child, as the UN Committee on the Rights of the Child has clarified that children should never be detained for immigration purposes, and detention can never be justified as in a child’s best interestsis in line with EU law; stresses that, in order not to encourage trafficking, exchanges and abductions of children, the presence of children cannot by itself prevent detention or removal;
Amendment 234 #
2019/2208(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to ensure that Member States and Frontex have monitoring bodies in place that are supported by a proper mandate, capacity and competence, a high level of independence and expertise, and transparent procedures; urges the Commission to ensure the establishment of a post-return monitoring mechanism to understand the fate of returned persons, with particular attention for unaccompanied minors;
Amendment 236 #
2019/2208(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes with concern that Member States face challenges to regularly ensure the full occupancy of all seats available for returnees in return operations by charter flights coordinated by Frontex, mainly due notably to last minute asylum requests or absconding of returnees;
Amendment 239 #
2019/2208(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Notes with concern that in some cases the option to have joint return Frontex operations is excluded by bilateral agreements between organizing or participating Member States and non- EU countries of destination;
Amendment 35 #
2019/2206(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas at EU level, most asylum applications are unjustified and are rejected following a final court decision1 a taken in application of the rule of law; _________________ 1aEUROSTAT: 'Decisions on asylum applications in the EU in 2019', 27 April 2020
Amendment 85 #
2019/2206(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the Dublin system places a significant burden on a minority of Member States, in particular when influxes of migrants occur; takes the view that the EU therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among Member States, including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylumensures that the resources and capabilities of front-line Member States are strengthened;
Amendment 122 #
2019/2206(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the crisis management tool provided for in Article 33 did not provide effective support to the Member States, nor did it offer a response to the consequences of the COVID-19 crisis; considers that a solidarity-based crisis management mechanism, endowed with a financial instrument managed by the Commission, should be established to ensure continuity of the right of asylumasylum management in the EU under the best possible conditions;
Amendment 128 #
2019/2206(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to make use of the discretionary clause in Article 17 when exceptional circumstances so warrant, for example to relocate asylum seekers currently living in the Greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions;
Amendment 146 #
2019/2206(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the introduction, in accordance with international law, of fast- track Dublin procedures at the main points of irregular arrival in the EU, in European reception centres, in order to process asylum applications swiftly, assess their merits, determine the Member State responsible and, where appropriate, return asylum seekers without an unnecessarily prolonged detention period, making use of procedures for placing them in detention if necessary;
Amendment 162 #
2019/2206(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that the protection of fundamental rights must be at the heart of the measures taken to implement the Dublin III Regulation, including the protection of children, victims of trafficking and the most vulnerable; stresses that the protection of fundamental rights must not result in an increase in the trafficking of children or vulnerable people;
Amendment 200 #
2019/2206(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the number of transfer procedures has increased significantly, generating considerable human, material and financial costs; deplores, however, the fact that in only 11% of cases are transfers actually carried out, a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between Member States and also on the part of third countries which are asylum seekers' countries of origin or through which they have transited; regards efforts to combat secondary movements as essential in order to reduce the number of transfer requests; proposes that the conditions which trigger transfer procedures be clarified and harmonised;
Amendment 217 #
2019/2206(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that in some cases the rules on transfer of responsibility under Dublin III undermine the efficiency of asylum procedures and the carrying-out of transfers and contribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the system; calls on the Commission to revise the rules, in order to give Member States sufficient time to carry out transfers and do away with transfer of responsibility in cases where an asylum seeker absconds; also asks the Commission to plan a permanent mechanism for nullifying asylum applications submitted by applicants who fail to comply with their obligations or who submit multiple asylum applications;
Amendment 247 #
2019/2206(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the rate of protection for asylum seekers varies greatly between Member States for certain nationalities; considers that a common list of safe countries and a shared country-risk analysis, or at least greater convergence, would reduce these disparities, and thus also the number of secondary movements; stresses that the return of persons not eligible for asylum – who are in the majority at EU level – is a prerequisite for the effectiveness of the Dublin III Regulation;
Amendment 248 #
2019/2206(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the rate of protection for asylum seekers varies greatly between Member States for certain nationalities; considers that a common list of safe countries and regions and a shared country/region-risk analysis, or at least greater convergence, would reduce these disparities, and thus also the number of secondary movements; stresses that the return of persons not eligible for asylum is a prerequisite for the effectiveness of the Dublin III Regulation;
Amendment 165 #
2019/2199(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Roma women are particularly affected as regards women’s rights and often face exacerbated forms of verbal, physical, psychological and racial harassment in reproductive health care settings, as has been found to be the case in Bulgaria19; whereas Roma women havehave also, ion that Member State, alsooccasion, experienced ethnic segregation in maternal health care facilities, and are placed in segregated rooms with segregated bathrooms and eating facilities20 ; whereas in some Member States, such as the Slovak Republic and the Czech Republic, Roma have been subjected to systematic practices of forced and coercive sterilisation and have been unable to obtain adequate reparations, including compensation, for the resulting violations of their human rights21; __________________ 19Commissioner for Human Rights of the Council of Europe, Women’s Sexual and Reproductive Health and Rights in Europe, Council of Europe, Strasbourg, 2017, pp. 42-44; Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017; European Roma Rights Centre, Romani woman harassed by racist hospital staff during childbirth wins case, European Roma Rights Centre, 18 January 2017, http://www.errc.org/press- releases/romani-woman-harassed-by- racist-hospital-staff-during-childbirth- wins-case 20Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017. 21Committee on Economic, Social and Cultural Rights, Concluding observations on the third periodic report of Slovakia, 18 October 2019, E/C.12/SVK/CO/3, paras. 44-45; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined twelfth and thirteenth periodic reports of Czechia, 19 September 2019, CERD/C/CZE/CO/12-13, paras. 19-20; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined eleventh and twelfth periodic reports of Slovakia, 12 January 2018, CERD/C/SVK/CO/11-12, paras. 23- 24; Human Rights Committee, Concluding observations on the fourth report of Slovakia, 22 November 2016, CCPR/C/SVK/CO/4, paras. 26-27.;
Amendment 196 #
2019/2199(INI)
Motion for a resolution
Recital D
Recital D
D. whereas many instances of disproportionate use of force against peaceful demonstrators continue to be reported across the EU, including the beating of demonstrators; whereas law enforcement authorities in some Member States, such as Romania23, Spain and France24, are increasingly using less lethal weapons, such as batons, tear gas, hand- held sting grenades, electroshock weapons, water cannons and rubber bullets to control or disperse crowds of violent demonstrators; whereas the number of persons seriously wounded in violent demonstrations in recent years as a result of the use of rubber bullets is particularly striking; __________________ 23European Parliament resolution of 13 November 2018 on the rule of law in Romania (Texts adopted, P8_TA(2018)0446). 24Commissioner for Human Rights of the Council of Europe, Shrinking space for freedom of peaceful assembly, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Memorandum on maintaining public order and freedom of assembly in the context of the ‘yellow vest’ movement in France, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Protection of the rights to freedom of expression and peaceful assembly during last week’s demonstrations in Catalonia, Council of Europe, Strasbourg, 2019.
Amendment 202 #
2019/2199(INI)
Motion for a resolution
Recital E
Recital E
Amendment 214 #
2019/2199(INI)
Motion for a resolution
Recital F
Recital F
Amendment 262 #
2019/2199(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 283 #
2019/2199(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that housing is not a commodity, but a necessity, without which citizens cannot fully participate in society and access fundamental rights; calls on the Commission and the Member States to integrate the recommendations made by the Council of Europe Human Rights Commissioner in her comment of 23 January 2020 entitled ‘The right to affordable housing: Europe’s neglected duty’, particularly the recommendation that all Member States should promptly accept to be bound by Article 31 of the revised European Social Charter on the right to housing, and step up investment in social and affordable housing to eradicate the burden of high housing costs, particularly among disadvantaged and vulnerable groups;
Amendment 289 #
2019/2199(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights Article 37 of the Charter, which affirms that measures to protect the environment must be integrated into the policies of the Union, and believes that this must be the guiding principle for all macroeconomic policies, above any other economic considerationwhilst taking into consideration the need to protect economic activity and employment, to deal with the most significant threat facing humanity and to ensure that all people have the right to a future;
Amendment 393 #
2019/2199(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Condemns hate crime and hate speech motivated by racism, Islamism, xenophobia or religious intolerance, or by bias on the grounds of disability, sexual orientation, gender identity, sexual characteristics or minority status;
Amendment 466 #
2019/2199(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the legal and legitimate nature of law enforcement operations, including the use of non-lethal weapons, in the event that police are confronted with violent protesters and attacks that endanger people and property;
Amendment 519 #
2019/2199(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 522 #
2019/2199(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 535 #
2019/2199(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 3 #
2018/2545(RSP)
Recital A
A. whereas the 23 million small and medium-sized enterprises (SMEs) in the EU, which make up around 99% of all businesses, employ almost two thirds of the European working population, and provide more than 90 million jobs while generating some EUR 3.9 trillion in added value, make a vital contribution to economic growth, social cohesion and job creation and are a major source of innovation in the EU;
Amendment 7 #
2018/2545(RSP)
Recital B
B. whereas SMEs are disproportionately affected by administrative burdens and financial obstacles by comparison with larger firms, and this impedes their competitiveness, exports, and job creation; whereas at EU and Member State level further efforts could be made to create an SME-friendly environment which go beyond the political pledges already given;
Amendment 110 #
2018/2545(RSP)
Paragraph 10
10. Calls on the Commission, in addition to the priority EU measures for SMEs, to launch a MidCaps-oriented initiative using new funding, which would cover collaborative research access, access to EU funds, digitalisation strategies, export market development and an easing of the Basel specifications and data protection rules;
Amendment 74 #
2018/2103(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the arrival in Europe of migrants and asylum seekers continued in 2017; whereas this reality requires real EU solidarity to put in place adequate reception structures for those most in need and most vulnerablethe establishment of management structures for these migratory flows, but also mechanisms to ensure the effective return to their countries of origin of all asylum seekers whose applications have been rejected; whereas many migrants place their lives in the hands of smugglers and criminals and are vulnerable to violations of their rights, including violence, abuse and exploitation; whereas women and children are at higher risk of being trafficked and sexually abused at the hands of traffickers and there is therefore a need to build and strengthen child protection systems to prevent and respond to violence, abuse, neglect and the exploitation of children, in line with the commitments set out in the Valletta Action Plan;
Amendment 114 #
2018/2103(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses concern about the risk of misogyny in European societies and its impact on women’s fundamental rights in all spheres of life; calls on Member States to address the key obstacles to gender equality in economic empowerment and political participation, including sexual harassment which hampers women’s full participation in the labour market; highlights the fact that gender stereotypes must be tackled from an early age, including by focusing on the education of young boys, to effectively address the under- representation of women in work, decision making and politics; calls on Member States to appropriately address this issue in school curricula;
Amendment 162 #
2018/2103(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its concern that few specific legal provisions to ensure the protection of media actors from violence, threats and pressures can be identified at national level in some EU Member States; expresses its concern over the precarious working conditions for journalists and the amount of psychological violence they witness, which compromises their ability to work appropriately and thus hampers media freedom;
Amendment 206 #
2018/2103(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that EU Member States should address adequately discriminatory or violent reactions against the schooling of migrant and refugee children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address respect for diversity, intercultural understanding, assimilation and human rights, including children’s rights, in regular school curricula;
Amendment 233 #
2018/2103(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to continue their efforts to ensure the effective practical enforcement of the Race Equality Directive (2000/43/EC)4 and to ensure effective enforcement of the Framework Decision on Racism and Xenophobia to tackle persisting discrimination against Roma, anti- Semitism, Islamophobia, Afrophobia and anti-Gypsyism; points out that the Member States should review their national integration and assimilation strategies to ensure that all people regardless of race, ethnicity, religion gender or any other status are empowered to engage actively in the process of inclusion and assimilation by promoting their social, economic, political and cultural participation in society; __________________ 4 OJ C 180, 19.7.2000, p. 22.
Amendment 332 #
2018/2103(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 345 #
2018/2103(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 359 #
2018/2103(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that the EU and the Member States should develop credible and effective systems that would make it unnecessary to detain children for asylum or return purposes; stresses the importance of taking the principle of the best interests of the child into consideration in all aspects concerning children as well as of the practical implementation of the right to be heard; rRecalls that Article 14 of the EU Charter of Fundamental Rights and Article 28 of the United Nations Conventions on the Rights of the Child guarantee the right to education to every child, including migrant and refugee children, both unaccompanied and accompanied and avoiding separated schooling and segregation; stresses that Member States should ensure that migrant and refugee children are effectively supported through linguistic, social and psychological support based on individual assessment of their needs;
Amendment 372 #
2018/2103(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that Member States should consider putting into place a combination of protection-related schemes, such as resettlement and humanitarian admission, and regular mobility schemes to promote legal pathways to the EU for persons in need of protection; recalls that any action undertaken by a Member State, when acting within the scope of EU law, must respect the rights and principles of the EU Charter of Fundamental Rights; calls on EU Member States to effectively ensure the right to asylum and to accept relocation of refugees from Member States most affected by high numbers of arrivals; also calls on Member States to respect the principle of non-refoulement and introduce adequate procedural safeguards to their asylum and border procedures, including safeguards against collective expulsion;Recalls that any action undertaken by a Member State, when acting within the scope of EU law, must respect the rights and principles of the EU Charter of Fundamental Rights; calls on EU Member States to introduce proper and effective policies for returning rejected asylum seekers and illegal migrants.
Amendment 385 #
2018/2103(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recognises thCondemns the counterproductive work carried out by different NGOs operating in the Mediterranean in their effort, whose actions encourage smugglers to sleave lives and provide humanitarian assistance to those in need; calls on Member States to transpose the humanitarian assistance exemption provided for in the Facilitation Directive with the objective of reducing the unintended consequences the Facilitators’ Package has for citizens providing humanitarian assistance to migrants and on the social cohesion of the receiving society;migrants on sub-standard vessels with insufficient fuel; points out that in 2017, Frontex acknowledged that there had been ‘an upsurge in shipwrecks off the Libyan coast driven by the intervention and presence of NGOs’; stresses that rescue operations in the Mediterranean must be a matter for the public authorities and the coast guards.
Amendment 393 #
2018/2103(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 2 #
2018/2090(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the vital role of education and training as the best investment in the EU’s future, its competitiveness, its growth, and the development of its power; strongly believes that digital transformation has a great impact on education systems; stresses that digital competencies are of growing importance for every individual and underlines that in the future, nearly all jobs, as well as everyday activities, will require digital skills;
Amendment 11 #
2018/2089(INI)
Draft opinion
Recital B
Recital B
B. whereas human error is estimated to play a decisive role in the majority of road accidents, and hence driverless vehicles are expected to improve road safety; whereas driverless vehicles could bring mobility to those who are unable to drive, encourage car-sharing schemes and optimise the use of infrastructure by relieving traffic congestion, and thereby contribute to meeting climate targets while helping the Union economy;
Amendment 7 #
2018/2085(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that blockchain represents a new paradigm of data storage and management, the rise of which poses challengthrows up new issues in terms of data protection and transparency, and exponentially increases thes well as risks of money laundering, the capturuse of the financial system by organised crime and the financing of terrorism;
Amendment 16 #
2018/2046(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises the importance and the success of the European Fund for Strategic Investments (EFSI); recalls that, in order to secure additional funding for EFSI, Horizon 2020 and CEF had to be reduced; stresses that the general budget of the Union should not be financing new initiatives to the detriment of existing Union programmes and policies; intends to deliver on the commitment made by Parliament during the EFSI negotiations to reduce insofar as possible the impact on those programmes and to increase appropriations for the affected lines for 2019;
Amendment 161 #
2018/2036(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that persons belonging to minorities are in a special category with regard to the right to remedies and have specific needs that must be met if they are to achieve full and effective equality, and that their rights should be respected and promoted, including the right to freely express, preserve and develop their cultural or linguistic identity, free from any attempt at assimilation against their willin keeping with the identity, values and principles of the country in which they live;
Amendment 192 #
2018/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that persons belonging to national minorities have, as every other Member State citizen has, the right to exercise fully and effectively their human rights and fundamental freedoms without any discrimination and in full equality before the law;
Amendment 5 #
2018/2028(INI)
Draft opinion
Recital B
Recital B
B. whereas more than 20 European languages are in danger of digital language extinction; whereas Llanguage Ttechnologies (LTs) may serve as a tool for protecting and promoting smaller and non- official languages;
Amendment 12 #
2018/2028(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas multilingualism helps bring Europe closer to citizens, helps ensure they are better informed, and helps prevent the creation of a two-speed Europe: one for elite graduates with knowledge of foreign languages, and the other inaccessible to all the others who are however no less interested in the challenges that concern them;
Amendment 58 #
2018/2028(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Supports the development of multilingual public services in European, national, regional and local administrations with innovative, inclusive and assistive HLTs, which will reduce inequalities among languages, promote equal access to services and stimulate the mobility of businesses, citizens and workers in Europe.;
Amendment 32 #
2018/2023(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on transmission system operators and distribution system operators to ensure the stability of local grids and to mitigate a future energy consumption peak and thus a de facto potential increase in energy prices; stresses, therefore, the crucial need to develop and invest in smart charging technologies, including smart grids, but also with sufficient capacities; underlines that although smart charging will go hand in hand with self- consumption and active consumers, security of supply is essential;
Amendment 39 #
2018/2023(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of ensuring fair access for electricity providers to recharging points in order to avoid a monopoly situation; calls on the Commission to promote open access for all relevant actors to the market and to encourage initiatives for the deployment of recharging points to ensure that consumers have a free choice of energy suppliers and energy sources;
Amendment 125 #
2018/0329(COD)
Proposal for a directive
Recital 2
Recital 2
(2) An effective and fair return policy is an essential part of the Union's approach to better manage migration in all aspects in a more balanced way, as reflected in the European Agenda on Migration of May 201511 . _________________ 11 11 COM(2015) 285 final.
Amendment 129 #
2018/0329(COD)
Proposal for a directive
Recital 3
Recital 3
(3) On 28 June 2018, in its conclusions, the European Council underlined the necessity to significantly step up the effective return of irregular migrants, and welcomed the intention of the Commission to make legislative proposals for a more effective and coherent European return policy. These conclusions were adopted in a context where the effective return rate was only 36.6% in 2017, which is wholly inadequate.
Amendment 138 #
2018/0329(COD)
Proposal for a directive
Recital 4
Recital 4
(4) That European return policy should be based on common standards, for persons to be returned in a humane manner and with full respect for their fundamental rights and dignity, as well as international law, including refugee protection and human rights obligations. Clear, transparent and fair rules need to be established to provide for an effective return policy which serves as a deterrent to irregular migration, reduces incentives for illegal migration and ensures coherence with and contributes to the integrity of the Common European Asylum System and the legal migration system.
Amendment 142 #
2018/0329(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The link between the decision on ending of the legal stay of a third-country national and the issuing of a return decision should be reinforced in order to reduce the risk of absconding and the likelihood of unauthorised secondary movements. It is necessary to ensure that a return decision is issued immediately after the decision rejecting or terminating the legal stay, or ideally in the same act or decision. That requirement should in particular apply to cases where an application for international protection is rejected, provided that the return procedure is suspended until that rejection becomes final and pending the outcome of an appeal against that rejection.
Amendment 151 #
2018/0329(COD)
Proposal for a directive
Recital 7
Recital 7
(7) TIn order to make the return policy more coherent, clearer and easier to comprehend, the link between the decision on ending of the legal stay of a third- country national and the issuing of a return decision should be reinforced in order to reduce the risk of absconding and the likelihood of unauthorised secondary movements. It is necessary to ensure that a return decision is issued immediately after the decision rejecting or terminating the legal stay, or ideally in the same act or decision. That requirement should in particular apply to cases where an application for international protection is rejected, provided that the return procedure is suspended until that rejection becomes final and pending the outcome of an appeal against that rejection.
Amendment 153 #
2018/0329(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure clearer and more effective rules for granting a period for voluntary departure and detaining a third- country national, determining whether there is or there is not a risk of absconding should be based on Union-wide objective criteria. Moreover this Directive should set out specific criteria which establish a ground for a rebuttable presumption that a risk of absconding exista matter for the Member States.
Amendment 156 #
2018/0329(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In the event of a lack of cooperation by certain third countries regarding readmission of their nationals who have been apprehended in irregular situations and failure by those third countries to cooperate effectively in the return process, some of the provisions of the Visa Code should, on the basis of objective criteria, be applied in a restrictive and temporary manner to enhance a given third country’s cooperation on readmission.
Amendment 165 #
2018/0329(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure clearer and more effective rules for granting a period for voluntary departure and detaining a third- country national, determining whether there is or there is not a risk of absconding should be based on a non-exhaustive list of Union-wide objective criteria. Moreover this Directive should set out specific criteria which establish a ground for a rebuttable presumption that a risk of absconding exists. Third-country nationals should be obliged to provide all the elements in their possession that are necessary in order to assess the risk of absconding.
Amendment 170 #
2018/0329(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Unless the Member States decide not to apply this Directive, pursuant to Article 2(2)(b), when determining the risk of absconding the relevant national authorities may take into consideration an infringement of the criminal law of Member States, including the rules on migration. Such authorities may also take into account the existence of an ongoing criminal investigation or prosecution that has not yet led to a conviction, where provided by national law.
Amendment 173 #
2018/0329(COD)
Proposal for a directive
Recital 12
Recital 12
(12) To reinforce the effectiveness of the return procedure, clear responsibilities for third-country nationals should be established, and in particular the obligation to cooperate in good faith with the authorities at all stages of the return procedure, including by providing all the information and all elements in their possession that are necessary in order to assess their individual situation. At the same time, it is necessary to ensure that third-country nationals are informed of the consequences of not complying with those obligations, in relation to the determination of the risk of absconding, the granting of a period for voluntary departure and the possibility to impose detention and penalties where provided for by national law, and to the access to programmes providing logistical, financial and other material or in-kind assistance.
Amendment 179 #
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 five 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 182 #
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 cannot be granted where it has been assessed that third- country nationals pose a risk of absconding, have had a previous application for legal stay dismissed as fraudulent or, manifestly unfounded or inadmissible, or they pose a risk to public policy, public security or national security. 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 185 #
2018/0329(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The appeal against a return decision that is based on a decision rejecting an application for international protection which was already subject to an effective judicial remedy should take place before a single level of jurisdiction only, since the third-county national concerned would have already had his or her individual situation examined and decided upon by a judicial authority in the context of the asylum procedure.Does not affect the English version.)
Amendment 186 #
2018/0329(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to promote voluntary depareturne , Member States shouldmay have operational programmes providing for enhanced return assistance and counselling, which may include support for reintegration in third countries of return, taking into account t. The common standards on Assisted Voluntary Return and Reintegration Programmes developed by the Commission in cooperation with Member States and endorsed by the Council. could be taken into account. Voluntary return assistance should be granted in accordance with national regulations, which may make such assistance subject to conditions and may set out grounds for refusing it. This Directive does not establish a universal or absolute right for third- country nationals to receive assistance for voluntary departure or reintegration.
Amendment 188 #
2018/0329(COD)
Proposal for a directive
Recital 18
Recital 18
Amendment 194 #
2018/0329(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 203 #
2018/0329(COD)
Proposal for a directive
Recital 20
Recital 20
(20) To improve the effectiveness of return procedures and avoid unnecessary delays, without negatively affecting the rights of the third-country nationals concerned, the enforcement of the return decision should not be automatically suspended in cases where the assessment of the risk to breach the principle of non- refoulement already took place and judicial remedy was effectively exercised as part of the asylum procedure carried out prior to the issuing of the related return decision against which the appeal is lodged, unless the situation of the third- country national concerned would have significantly changed sincMember States should be free to establish the procedures and cases in which the return decision is to be suspended, automatically or otherwise.
Amendment 209 #
2018/0329(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The appeal against a return decision that is based on a decision rejecting an application for international protection that was already subject to an effective judicial remedy should take place before a single level of jurisdiction only, since the third-county national concerned would have already had his or her individual situation examined and decided upon by a judicial authority in the context of the asylum procedureo facilitate the operation of the courts and tribunals and to prevent delaying tactics designed to obstruct returns, Member States should ensure that appeals against return decisions are limited, as far as possible, to a single level of jurisdiction only, while guaranteeing the right to an effective remedy.
Amendment 211 #
2018/0329(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Member States shall have the option to keep administrative review proceedings prior to an appeal before a court or tribunal, provided that the administrative review does not affect the effectiveness of the return procedure.
Amendment 212 #
2018/0329(COD)
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17b) A body that carries out a judicial function should be categorised as a court or tribunal if it has been established by law, is permanent, independent and impartial, and has an inter partes procedure, if its jurisdiction is compulsory, if it applies the rule of law, and if it offers the requisite procedural guarantees.
Amendment 219 #
2018/0329(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In cases where the principle of non-refoulement is not at stake, appeals against a return decision should not have an automatic suspensive effect. The judicial authorities should be able to temporarily suspend the enforcement of a return decision in individual cases for other reasons, either upon request of the third-country national concerned or acting ex officio, where deemed necessary. Such decisions should, as a rule, be taken within 48 hours. Where justified by the complexity of the case, judicial authorities should take such decision without undue delaMember States should, however, have the option to temporarily suspend a return decision where deemed necessary.
Amendment 226 #
2018/0329(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) National application of the rules on the provisions of this Directive related to appeals and suspensive effect should comply with the right to an effective remedy as provided for in Article 47 of the Charter of Fundamental Rights.
Amendment 234 #
2018/0329(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The necessary legal aid should be made available, upon express request, to those who lack sufficient resources. National legislation should establish a list of instances where legal aid is to be considered necessary.
Amendment 243 #
2018/0329(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The effects of national return measures should be given a European dimension by establishing an entry ban prohibiting entry into and stay on the territory of all the Member States. The length of the entry ban should be determined with due regard to all relevant circumstances of an individual case and should not normally exceed five10 years. In this context, particular account should be taken of the fact that the third-country national concerned has already been the subject of more than one return decision or removal order or has entered the territory of a Member State during an entry ban.
Amendment 258 #
2018/0329(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 270 #
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 271 #
2018/0329(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) Where the order to detain a third- country national has been issued in an administrative procedure, the court or tribunal responsible for assessing the lawfulness of that decision may take into account all relevant facts, evidence and observations that may be submitted by the parties concerned.
Amendment 276 #
2018/0329(COD)
Proposal for a directive
Recital 30
Recital 30
(30) This Directive should notdoes not have the effect of precludeing Member States from laying down effective, proportionate and dissuasive penalties and criminal penalties, including fines and imprisonment, in relation to the infringements of migration rules, 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 280 #
2018/0329(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) In view of the fact that third- country nationals detained for the purpose of removal are not detained as persons suspected of criminal activities or convicted of criminal offences, they should not be accommodated together with ordinary prisoners. It is also possible to ensure this separation by accommodating these third-country nationals in sections of penal institutions that are set aside and used solely for that purpose.
Amendment 287 #
2018/0329(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Without prejudice to the possibility for Member States not to apply this Directive with regard to the cases referred to in Article 2(2)(a), if a border procedure is applied in accordance with Regulation (EU) …/… [Asylum Procedure Regulation], a specific border procedure should follow for the return of illegally staying third-country nationals whose application for international protection under that asylum border procedure has been rejected in order to ensure direct complementarity between the asylum and return border procedures and prevent gaps between the procedures. In such cases, it is necessary to establish specific rules that ensure the coherence and synergy between the two procedures and preserve the integrity and effectiveness of the whole process. Member States should be able to rely on appropriate Union funding to carry out the necessary activities for the border procedure.
Amendment 293 #
2018/0329(COD)
Proposal for a directive
Recital 33
Recital 33
(33) To ensure effective return in the context of the border procedure, this procedure should not result in a period for voluntary departure should not bebeing granted. However, a period for voluntary departure shouldmay be granted to third- country nationals who hold a valid travel document and cooperate 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 299 #
2018/0329(COD)
Proposal for a directive
Recital 34
Recital 34
(34) For a rapid and effective treatment of the case, a maximum time limit is to be granted to appeal against a return decision following a decision rejecting an application for international protection adopted under the border procedure and which became final.
Amendment 313 #
2018/0329(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) Mutual recognition of return decisions may help to ensure a more effective implementation of returns. Member States should make use of all available means of cooperation and exchanges of information for this purpose. The Commission should assess the EU’s returns legislation with a view to achieving a more uniform and consistent implementation of return decisions, and reducing the administrative burden on the national authorities, notably through mutual recognition of return decisions; it should also consider submitting a legislative proposal in that respect.
Amendment 317 #
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 and complete 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].
Amendment 323 #
2018/0329(COD)
Proposal for a directive
Recital 40
Recital 40
(40) The Union provides financial and operational support in order to achieve an effective implementation of this Directive. Member States should make best use of the available Union financial instruments, programmes and projects in the field of return, in particular under Regulation (EU) …/… [Regulation establishing the Asylum and Migration Fund], as well as of the operational assistance by the European Border and Coast Guard Agency according to Regulation (EU) …/… [EBCG Regulation]. Such support should be used in particular for establishing return management systems and programmes for providing logistical, financial and other material or in-kind assistance to support the sustainable return – and where relevant the reintegration – of illegalrregularly staying third- country nationals.
Amendment 335 #
2018/0329(COD)
Proposal for a directive
Recital 46
Recital 46
(46) The purpose of an effective implementation of the return of third- country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with this Directive, is an essential component of the comprehensive efforts to tackle irregular European Union migration policy and the fight against illegal immigration and. It represents an important reason of substantial public interest.
Amendment 360 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)
Article 3 – paragraph 1 – point 3 – point c a (new)
(ca) a third country where the third- country national has a right to enter and reside;
Amendment 362 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c b (new)
Article 3 – paragraph 1 – point 3 – point c b (new)
(cb) as a last resort, if the return to a third country referred to in points (a) to (d) cannot be enforced due to lack of cooperation in the return process by either the third country or the third- country national, any third country with which there is an EU or bilateral agreement on the basis of which the third- country national is accepted, and is allowed to remain, where international human rights standards according to the International Covenant on Civil and Political Rights are respected, and provided that no international, European or national rules prevent the return. When the return is carried out to a third country, which has a common border with a Member State, the prior agreement of that Member State is required before starting negotiations on any such bilateral agreement.
Amendment 364 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
6. ‘entry ban’ means an administrative or judicial decision or act prohibiting entry into and stay on the territory of the Member States for a specified period, accompanying a return decision;
Amendment 372 #
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) and (p) of paragraph 1aragraph 1, points (d) to (p) inclusive, is fulfilled.
Amendment 373 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9 a (new)
Article 3 – paragraph 1 – point 9 a (new)
9a. 10. ‘other authorisation offering a right to stay’ means any document issued by a Member State to a third-country national authorising them to stay on its territory, which is not a residence permit within the meaning of Article 2(16) of Regulation (EU) 2016/399 or a long-stay visa within the meaning of Article 2(14) of Regulation (EU) 2018/1860 (SIS Regulation on returns), except for the document referred to in Article 6 of Directive 2013/33/EU.
Amendment 406 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) illegal entry into the territory of the Member States or apprehension or interception relating to the irregular crossing by land, sea or air of the external border of a Member State;
Amendment 408 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) unauthorised movement to the territory of another Member State, including movement after transit through a third country or attempts to do so;
Amendment 409 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) explicit expression of intent of non- compliance with all return-related measures applied by virtue of this Directive or actions clearly demonstrating an intent not to comply with all of these measures;
Amendment 421 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point m
Article 6 – paragraph 1 – point m
(m) using false or forged identity or travel documents, destroying or otherwise disposing of existing documresidence permits or visas, or documents setting out the conditions of entry, destroying or otherwise disposing of such documents, using pseudonyms with fraudulent intents, orcommunicating other false information orally or in writing, refusing to provide fingerprintsbiometric data as required by Union or national law;
Amendment 427 #
2018/0329(COD)
(p) not complying with an existing valid entry ban.
Amendment 428 #
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 order, public security or national security.
Amendment 429 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States may lay down additional objective criteria in their national legislation.
Amendment 431 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The existence of a risk of absconding shall be determined on the basis of an overall assessment of the specific circumstances of the individual case, taking into account the objective criteria referred to in paragraphs 1 and 1a.
Amendment 434 #
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 (d), (e), (f), (g), (h), (k), (l), (m), (n), (o), (p) and (pq) of paragraph 1 is fulfilled.
Amendment 438 #
2018/0329(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
7 Obligation to cooperate on the part of third-country nationals
Amendment 449 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the duty to provide all the elements that are necessary for establishing or verifying identity and to prove, upon request, the efforts made;
Amendment 459 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the duty to provide a reliable address to the competent authorities, in the form and within the time frame established by national law, and to remain present and available throughout the procedures;
Amendment 466 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) the duty to lodge to the competent authorities of third countries a request for obtaining a valid travel document, to provide all information and statements necessary to obtain such a document, and to cooperate with these authorities.
Amendment 470 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) the duty to appear in person, if and where required for that purpose, before the competent national and third-country authorities.
Amendment 476 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The elements referred to in point (a) of paragraph 1 shall include the third- country nationals’ statements and documentation in their possession regarding the identity, place and date of birth, nationality or nationalities, age, country or countries and place or places of previous residence, travel routes and travel documentation, and biometric data.
Amendment 480 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall inform the third-country nationals about the consequences of not complying with the obligation referred to in paragraph 1. Member States shall lay down the procedures for providing such information.
Amendment 505 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The length of the entry ban shall be determined with due regard to all relevant circumstances of the individual case and shall not in principle exceed fiveten years. It may however exceed fiveten years if the third- country national represents a serious threat to public policy, public security or national security.
Amendment 509 #
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 at the same time as or 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].
Amendment 516 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
Amendment 517 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 6 b (new)
Article 8 – paragraph 6 b (new)
6b. Member States shall, where necessary, cooperate through designated contact points, for the purpose of facilitating the implementation of return decisions. In particular, Member States may cooperate by allowing transit through the territory of another Member State for the purpose of complying with a return decision or obtaining travel documents. The procedures for such cooperation may be set out in bilateral or multilateral arrangements or agreements and may include conditions on escorting, response deadlines and associated costs.
Amendment 528 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 3
Article 9 – paragraph 1 – subparagraph 3
The length of the period for voluntary departure shall be determined with due regard to the specific circumstances of the individual case, taking into account in particular the prospect of return.
Amendment 549 #
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. 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, including the penalties laid down in national law where Member States have enacted such penalties.
Amendment 552 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
Amendment 559 #
2018/0329(COD)
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Member States shall provide for an effective forced-return monitoring system. This system shall not involve the systematic implementation of a check on each forced return operation.
Amendment 566 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 3 – introductory part
Article 16 – paragraph 3 – subparagraph 3 – introductory part
Where no relevant new elements or findings have arisen or have been presented by the third-country national concerned which significantly modify the specific circumstances of the individual case, the first and the second subparagraphprovisions of this paragraph shall not apply where:
Amendment 572 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, aMember States shall, as quickly as possible, take all the measures required to identify the child’s family members. Assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the child.
Amendment 591 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may impose an entry ban, which does not accompany a return decision, to a third-country national who has been illegally staying in the territory of the Member States and whose illegal stay is detected in connection with border checks carried out at exit in accordance with Article 8 of Regulation (EU) 2016/399, where justified on the basis of the specific circumstances of the individual case and taking into account the principle of proportionality.
Amendment 612 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
3.Member States shall establish programmes for providing logistical, financial and other material or in-kind assistance, in accordance with national legislatprovisions, for the purpose of supporting the return of illegally staying third-country nationals who are nationals of third countries listed in Annex I to Council Regulation 539/200130 . _________________ 30 Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1 p. 1.
Amendment 620 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
The granting of such assistance, including its kind and extent, shall be subject to the cooperation of the third-country national concerned with the competent authorities of the Member States as provided for in Article 7 of this Directive, and may be subject to the conditions and grounds for exclusion laid down in national provisions, particularly with regard to reintegration assistance in the third country of origin. The assistance referred to in this paragraph shall not be granted as a rule to a third-country national who has already benefited from reintegration assistance provided by a Member State.
Amendment 659 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Member States shall grant a period not exceeding fivetwo days to lodge an appeal against a return decision when such a decision is the consequence of a final decision rejecting an application for international protection taken in accordance with Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 660 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. Member States may provide for administrative review proceedings prior to an appeal before a court or tribunal in accordance with paragraph 1, provided that the administrative review does not adversely affect the efficiency of the remedy.
Amendment 664 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Member States shall ensure that the necessary legal assistance and/or representation is granted on express request free of charge in accordance with relevant national legislation or rules regarding legal aid, and may provide that such free legal assistance and/or representation is subject to conditions as set out in Article 15(3) to (6) of Directive 2005/85/EC.
Amendment 695 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Detention shall be maintained for as long a period as the conditions laid down in paragraph 1 are fulfilled and it is necessary to ensure successful removal. Each Member State shall set a maximum period of detention of not less than three months and not more than six12 months.
Amendment 753 #
2018/0329(COD)
Proposal for a directive
Article 24 a (new)
Article 24 a (new)
Article 24a When the third country is considered not to be cooperating sufficiently with Member States with regard to readmission, Article 25(1)(a) of the Visa Code shall apply.
Amendment 299 #
2018/0225(COD)
Proposal for a decision
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) strengthening international cooperation in the interests of the Union;
Amendment 600 #
2018/0225(COD)
Proposal for a decision
Annex I – paragraph 12
Annex I – paragraph 12
Science and Technology Cooperation dialogues with the EU's international partners and policy dialogues with the main world regions will make important contributions to the systematic identification of opportunities for cooperation which, when combined with differentiation by country/region, will support priority setting. These dialogues will be underpinned both by adequate consultation both with the Member States and with public and private research partners.
Amendment 608 #
2018/0225(COD)
Proposal for a decision
Annex I – paragraph 19
Annex I – paragraph 19
Greater impact will be obtained through aligning actions with other nations and regions of the world within an international cooperation effort of unprecedented scale. Based on mutual benefit, partners from across the world will be invited to join EU efforts as an integral part of initiatives in support of EU action for sustainability, reinforced research and innovation excellence, and competitiveness. With a view to maximising the results, the cooperation agreements will seek to be fully aligned with the objectives and budgets of international partners.
Amendment 1429 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.4 – paragraph 4 – indent 4
Annex I – part II – point 4 – point 4.2 – point 4.2.4 – paragraph 4 – indent 4
– Smart buildings and large mobility hubs (ports, airports, railway stations, logistic centres) as active elements of wider energy networks and of innovative mobility solutions;
Amendment 1281 #
2018/0224(COD)
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 2
Article 26 – paragraph 2 – subparagraph 2
Amendment 1677 #
2018/0224(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point e – paragraph 1
Annex III – paragraph 1 – point 1 – point e – paragraph 1
In the case of institutionalised European Partnerships, the financial and/or in-kind, contributions from partners other than the Union, will at least be equal to 50 % in the case of partnerships involving private partners and the Union and may reach up to 75 % of the aggregated European Partnership budgetary commitments. For each institutionalised European Partnership, a share of the contributions from partners other than the Union will be in the form of financial contribution in the case of partnerships that also involve the Member States.
Amendment 1688 #
2018/0224(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point d
Annex III – paragraph 1 – point 2 – point d
(d) Legally binding commitments, in particular for financial contributions in kind, from each partner throughout the lifetime of the initiative;
Amendment 1695 #
2018/0224(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b
Annex III – paragraph 1 – point 3 – point b
(b) Dedicated reporting on quantitative and qualitative leverage effects, including on financial and in-kind contributions, visibility and positioning in the international context, impact on research and innovation related risks of private sector investments.
Amendment 19 #
2018/0172(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Marine litter is of a transboundary nature and is recognized as a global problem. Reducing marine litter is a key action for the achievement of United Nations Sustainable Development Goal 14, the aim of which callis to conserve and sustainably use the oceans, seas and marine resources for sustainable development.36 The Union must play its part in tackling marine litter and aim to be a standard- setter for the world, as well as supporting third countries wishing to sign up to such standards. In this context, the Union is working with partners in many international fora such as G20, G7 and United Nations to promote concerted action. This initiative is part of the Union efforts in this regard. _________________ 36 The 2030 Agenda for Sustainable Development adopted by the United Nations General Assembly on 25 September 2015.
Amendment 26 #
2018/0172(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In the Union, 80 to 85 % of marine litter, measured as beach litter counts, is plastic, with single-use plastic items representing 50 % and fishing-related items representing 27 %. Single-use plastics products include a diverse range of commonly used fast-moving consumer products that are discarded after having been used once for the purpose for which they were provided, are rarely recycled, and are prone to littering. A significant proportion of the fishing gear placed on the market is not collected for treatment. Single-use plastic products and fishing gear containing plastic are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems, biodiversity and, potentially, to human health and areand animal health. They are also damaging activities such as tourism, fisheries and shipping.
Amendment 47 #
2018/0172(COD)
Proposal for a directive
Recital 12
Recital 12
(12) For other single-use plastic products, suitable and more sustainable alternatives that are also affordable are readily available. In order to limit the adverse impact of such products on the environment, Member States should be required to prohibit their placing on the Union market, unless they meet marine biodegradability standard set at EU level following the Commission’s evaluation report as mentioned in article 15.3(c) of the present directive. By doing so, the use of those readily available and more sustainable alternatives as well as innovative solutions towards more sustainable business models, re-use alternatives and substitution of materials would be promoted.
Amendment 54 #
2018/0172(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) In regard to the UNEP Report 2016 the Commission shall request the European standardisation organisations to develop a standard for marine biodegradability.
Amendment 74 #
2018/0172(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Pursuant to paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201648 , the Commission should carry out an evaluation of this Directive. That evaluation should be based on experience gathered and data collected during the implementation of this Directive and data collected under Directive 2008/56/EC or Directive 2008/98/EC. The evaluation should provide the basis for an assessment of possible further measures and an assessment whether, in view of monitoring of marine litter in the Union, the Annex listing single-use plastic products needs to be reviewed. The evaluation should also consider whether scientific and technical progress that has taken place in the meantime, including the development of biodegradable materials and the development of criteria or a standard for biodegradability of plastics in the marine environment, as foreseen in the European Plastics Strategy, allows the setting of a standard for biodegradation of certain single-use plastic products in the marine environment. That standard would include a standard to test if, as a result of physical and biological decomposition in the marine environment, plastics would fully decompose into carbon dioxide (CO2), biomass and water within a timescale short enough for the plastics not to be harmful for marine life and not lead to an accumulation of plastics in the environment. If that is the case, single-use plastic products that meet such a standard couldshall be exempted from the prohibition on placing on the market. While the European Strategy for Plastics already envisages action in this area, it also recognises the challenges in relation to determining a regulatory framework for plastics with biodegradable properties due to different marine conditions across seas. _________________ 48 OJ L 123, 12.5.2016, p. 1.
Amendment 84 #
2018/0172(COD)
Proposal for a directive
Article premier – paragraph 1
Article premier – paragraph 1
The objective of this Directive is to prevent and reduce the impact of certain plastic products on the environment, in particular the aquatic environment, and on human and animal health as well as to promote the transition to a circular economy with innovative business models, products and materials, thus also contributing to the efficient functioning of the internal market.
Amendment 131 #
2018/0172(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall prohibit the placing on market of the single-use plastic products listed in Part B of the Annex, unless they meet marine biodegradability standard set at EU level.
Amendment 142 #
2018/0172(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall request the European standardisation organisations to develop harmonised standards relating to the requirement referred to in paragraph 1. The Commission shall request the European standardisation organisations to publish a standard for marine biodegradability within two years after the entry into force of this Directive.
Amendment 191 #
2018/0172(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission shall carry out an evaluation of this Directive by … [sixthree years after the end-date for transposition of this Directive]. The evaluation shall be based on the information available in accordance with Article 13. Member States shall provide the Commission with any additional information necessary for the purposes of the evaluation and the preparation of the report referred to in paragraph 2.
Amendment 201 #
2018/0172(COD)
Proposal for a directive
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
(c) sufficient scientific and technical progress has been made, and criteria or a European standard for biodegradability in the marine environment applicable to single-use plastic products within the scope of this directive and their single-use substitutes have been developed, in order to determine which products no longer need to be subject toshall be exempted from the restrictions on placing on the market, where appropriate.
Amendment 236 #
2018/0172(COD)
Proposal for a directive
Annex I – part B – indent 6 a (new)
Annex I – part B – indent 6 a (new)
- - plastic-containing food packaging or contact material that contribute to soil micro-plastic load upon composting or biogas fermentation, such as plastic or plastic-impregnated tea bags, unless they meet compostability standards set at EU level.
Amendment 240 #
2018/0172(COD)
Proposal for a directive
Annex I – part B – indent 6 b (new)
Annex I – part B – indent 6 b (new)
- - Lightweight plastic carrier bags as defined in Article 3(1c) of Directive 94/62/EC, including very lightweight plastic carrier bags as defined in Article 3(1d) of Directive94/62/EC, unless they meet compostability standards set at EU level
Amendment 257 #
2018/0172(COD)
Proposal for a directive
Annex I – part E – indent 8
Annex I – part E – indent 8
— - Lightweight plastic carrier bags as defined in Article 3(1c) of Directive 94/62/EC, unless they meet compostability standards set at EU level
Amendment 13 #
2017/2270(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, despite the lack of a European framework, some Member States are already issuing residence permits on humanitarian grounds;
Amendment 14 #
2017/2270(INL)
Motion for a resolution
Recital B
Recital B
Amendment 22 #
2017/2270(INL)
Motion for a resolution
Recital C
Recital C
C. whereas - as a result - anit is estimated that 90% of those granted international protection have reached the Union through irregular means;
Amendment 25 #
2017/2270(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, according to Eurostat, in many Member States most asylum applications are rejected as unfounded;
Amendment 30 #
2017/2270(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the new EU legal framework must not act as an additional pull factor for irregular immigration or an incentive to circumvent the asylum system, but rather harmonise existing practices;
Amendment 100 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 10
Annex I – paragraph 1 – indent 10
– provide that the documents submitted be assessed, including as regards their authenticity, by a competent, independent, and impartial authoritythe authorities of the Member States in which an application has been made, with adequate knowledge and expertise in matters of international protection,
Amendment 103 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 11
Annex I – paragraph 1 – indent 11
– provide that applications for such a visa, once declared admissible, be assessed on a prima facie basis to consider whether applicants have an arguable claim of exposure to a real risk of persecution or serious harm, in particular in the light of the list of 'safe countries', without conducting a full status determination process,
Amendment 125 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 17
Annex I – paragraph 1 – indent 17
– provide that once a humanitarian visa is issued it allows its holder to enter at his or her own expense the territory of the Member State issuing the visa for the sole purpose of making an application for international protection in that Member State,
Amendment 36 #
2017/2256(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Schengen area is at a crossroads and requires decisive action to bring back the entirety of the benefits it provides to the citizens;
Amendment 48 #
2017/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes the effectiveness of the measures taken at the external borders and the creation of the European Border and Coast Guard Agency; notes the efforts of the Agency in implementing the new regulation, especially through joint operations in the field of border surveillance and return, and by supporting the Member States particularly affected by migratory pressure; stresses the need to ensure that the Agency has sufficient human and material resources in the long term; sees the importance of the newly introduced vulnerability assessment mechanism in uncovering weaknesses at the common external borders and preventing crises; emphasises the concerted efforts and cooperation between agencies and other stakeholders in organising the ‘Hotspot’ approach;
Amendment 66 #
2017/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises the support and capacity-building measures taken in the countries of origin to address the root causes of irregular migration; considers it crucial that adequate maritime search-and- rescuemergency response aspects and capabilities are embedded into all operational planning and execution, as provided for in Regulation (EU) No 656/2014;
Amendment 71 #
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; feels that this cooperation must therefore be placed at the heart of development aid policy counterparts;
Amendment 126 #
2017/2256(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Condemns the continued reintroduction of internal border checks as this undermines the basic principles of the Schengen area, and expresses doubts about the lawfulness of some prolongaalls on Member States to reduce to the minimum strictly necessary the introductions of controls; is also of the opinion that Member States have not taken the proper measuinternal border checks; also calls on Member States to do mores to ensure cooperatione with other affected other 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 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 Commission;concerned in order to minimise the effects of these measures.
Amendment 154 #
2017/2256(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that all the Member States should do their utmost to ensure a high level of control at their external borders by allocating sufficient resources through staffing, equipment and expertise, establishing the necessary command and control structures and formulating up-to- date risk analyses in accordance with Regulation (EU) 2016/1624 for all tiers of command to facilitate effective operations;
Amendment 161 #
2017/2256(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that cooperation at national level between different law enforcement services, the military, border guards and customs is oftensometimes inadequate, resulting in fragmented situational awareness and low effectiveness;
Amendment 173 #
2017/2256(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses the urgent need to address the identified critical shortcomings without delay in order to return to the normal functioning of Schengen without excessive internal border controls;
Amendment 193 #
2017/2256(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to make available 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 accommodationhandling capacity in case of such events; calls on the Member States to improve their capabilities to detect document fraud and clandestine entries;
Amendment 203 #
2017/2256(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to ensure swift, effective return procedures once a return decision has been issued; 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 32 #
2017/2209(INI)
Motion for a resolution
Recital B
Recital B
B. whereas media freedom, pluralism and independence are crucial components of the right to freedom of expression; whereas the media play an essential role in democratic society, by acting as public watchdogs, while contributing to citizens’helping to inform and empowerm citizents and foster their participation in democratic life; whereas the scope of such a role should be enlarged to encompass online and citizen journalism, as well as the work of bloggers, social media activists and human rights defenders, in order to reflect today’s profoundly changed media reality;
Amendment 43 #
2017/2209(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the authorities must also ensure that the media comply with the laws and regulations in force;
Amendment 62 #
2017/2209(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the effect of the economic crisis, coupled with the simultaneous growth of social media platforms and other high-tech giants and highly selective advertising revenues, have dramatically increased precariousness in the working conditions and social insecurity of media actors, leading to a dramatic drop in professional and social, social and quality standards in journalism;
Amendment 126 #
2017/2209(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 164 #
2017/2209(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reaffirms that anonymity and encryption are essential tools for the exercise of democratic rights and freedoms, for promoting trust in the digital infrastructure and communications, and for protecting the confidentiality of sources in journalism, but points out that they can also give rise to abuses; calls on the Commission and the Member States to refrain from adopting unnecessary and disproportionate measures to undermine encryption and from allowing or facilitating backdoors;
Amendment 175 #
2017/2209(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recognises that the new digital environment has exacerbated the problem of the spread of disinformation, or the so- called ‘fake’ or ‘false’ news; recalls, however, that this is not a new phenomenon, nor is it restricted to the online sphere; stresses the importance of effective systems of self-regulation systems which are based on the principles of accuracy and transparency and which provide for proper obligations and instruments regarding source verification and fact checking;
Amendment 26 #
2017/2131(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that the facts and trends mentioned in the Annex to this resolution taken together represent a systemic threat to democracy, the rule of law and fundamental rights in Hungary and constitute a clear risk of a serious breach of the values of Article 2 TEU;
Amendment 32 #
2017/2131(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Submits, therefore, in accordance with Article 7(1) TEU, this reasoned proposal to the Council, inviting the Council to determine that there is a clear risk of a serious breach by Hungary of the values referred to in Article 2 TEU and to address appropriate recommendations to Hungary in this regard;
Amendment 39 #
2017/2131(INL)
Motion for a resolution
Annex I – point 5
Annex I – point 5
(5) A wide range of actors at the national, European and international level, have repeatedly expressed their deep concerns about the situation of democracy, the rule of law and fundamental rights in Hungary, including the institutions and bodies of the Union, the Council of Europe, the Organisation for Security and Co-operation in Europe (OSCE), the United Nations (UN), as well as numerous civil society organisations.
Amendment 43 #
2017/2131(INL)
Motion for a resolution
Annex I – point 6
Annex I – point 6
(6) Since its adoption and entry into force in January 2012, the Constitution of Hungary (the “Fundamental Law”) has been amended six times, which is entirely a matter of Hungarian sovereignty. The Venice Commission expressed its concerns regarding the constitution-making process in Hungary on several occasions, both as regards the Fundamental Law and amendments thereto. The criticism focused on the lack of transparency of the process, the inadequate involvement of civil society, the absence of sincere consultation, the endangerment of the separation of powers and the weakening of the national system of checks and balances.
Amendment 53 #
2017/2131(INL)
Motion for a resolution
Annex I – point 9
Annex I – point 9
(9) In its statement adopted on 9 April 2018, the limited election observation mission of the OSCE Office for Democratic Institutions and Human Rights concluded that the 2018 parliamentary elections were characterised by a pervasive overlap between state and ruling party resources, undermining the ability of candidates to compete on an equal basis. Voters had a wide range of political options but intimidating and xenophobic rhetoric, media bias and opaque campaign financing constricted the space for genuine political debate, hindering the ability of voters to make a fully informed choice. It also expressed concerns about the delineation of single-member constituencies. Similar concerns were expressed in the Joint Opinion of 18 June 2012 on the Act on the Elections of Members of Parliament of Hungary adopted by the Venice Commission and the Council for Democratic Elections.
Amendment 58 #
2017/2131(INL)
Motion for a resolution
Annex I – point 10
Annex I – point 10
(10) In recent years the Hungarian Government has extensively used national consultations, enabling the Hungarian people to express its opinions directly, thus strengthening democracy. On 27 April 2017, the Commission pointed out that the national consultation “Let’s stop Brussels” contained several claims and allegations which were factually incorrect or highly misleading. Nevertheless, the Hungarian Government subsequently continued to have recourse to similar consultations.
Amendment 111 #
2017/2125(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the influx of migrants into Europe is continuing; whereas many of these migrants place their lives in the hands of traffickers and criminals; whereas , according to UNHCR data, 27 %more than half of the migrants arriving in Europe via the Mediterranean are single men, whereas 27 % are children; whereas , according to the IOM, 23 % of these children stated that they had never been to school;
Amendment 121 #
2017/2125(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the dangers faced by refugee and migrant children include separation from their families, detention, sexual and gender-based violence, exploitation and, the risk of being exposed to drugs and other addictive substances, and the resultant physical and psychological damage;
Amendment 139 #
2017/2125(INI)
Motion for a resolution
Recital F
Recital F
F. whereas following the ongoing wave of terrorist attacks across the EU , and whereas migrants and refugees have been involved in some of them, this, has fuelled widespread mistrust of Muslim migrants, and whereas certain political parties are employing the rhetoric of cultural isolationism and hatred of those who are different;
Amendment 146 #
2017/2125(INI)
Motion for a resolution
Recital G
Recital G
Amendment 181 #
2017/2125(INI)
Motion for a resolution
Recital J
Recital J
J. whereas there is a risk that the increased levels of hatred, xenophobia and Afrxenophobia, whether expressed in the form of hate crimes, anonymous messages spread on social networks, protests or political propaganda, will come to be seen as normal in the Member States;
Amendment 303 #
2017/2125(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Takes the view that unsuccessful asylum seekers should be returned to their country of origin;
Amendment 325 #
2017/2125(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that legal channels should beare already available for migration, including from Africa, but not for all the men and women hoping to come to Europe; takes the view that the best way to protect the rights of persons who cannot legally enter Europe would be to bring about the rapid and robust development of Africa, which Europe could promote by stepping up its involvement on the African continent, and this should be accompanied by a real clampdown in the countries of origin against irregular immigration and human trafficking networks;
Amendment 349 #
2017/2125(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the imperative need for persons of Islamic faith and culture, including those who have already been living here for a long time, to be integrassimilated as effectively as possible into European society; stresses that integrassimilation of this kind will be the best way to tackle Islamic radicalisation in Europe;
Amendment 365 #
2017/2125(INI)
12. Stresses the need for measures to be taken as a matter of priority in all the Member States to give legal immigrant children access to education, language learning, healthcare, and good living conditions and the opportunity to be reunited with their family;
Amendment 367 #
2017/2125(INI)
Motion for a resolution
Paragraph 12a (new)
Paragraph 12a (new)
12a. Stresses that the implementation of measures cannot replace the duty of the countries of origin to take responsibility for their own young people.
Amendment 376 #
2017/2125(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that integration is best achieved through schooling for young people and education in European citizenship for older people, that the EU should therefore promote a policy reception and integration in all the Member States, alongside a rigorous policy on returning illegal migrants, and that it is unacceptable that certain Member States should claim that the migration phenomenon is not their concern;
Amendment 120 #
2017/2068(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points out that, according to various studies, cyberattacks are costing between USD 300 billion and USD 600 billion a year in losses to the global economy;
Amendment 23 #
2017/2065(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that the EU has a major role to play in developing and promoting these standards worldwide;
Amendment 36 #
2017/2065(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that fair and similar treatment of stakeholders must be included in all trade agreements; believes that, for reasons of reciprocity, European businesses should enjoy the same rights as economic actors from partner countries, so as to fully ensure the cybersecurity of their operations and the confidentiality of their communications;
Amendment 24 #
2017/0228(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) At the same time, data mobility in the Union is also inhibited by private restrictions: legal, contractual and technical issuuncertainties hindering or preventing users of data storage or other processing services from porting their data from one service provider to another or back to their own IT systems, not least upon termination of their contract with a service provider.
Amendment 40 #
2017/0228(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective implementation of the procedure for assistance between Member State competent authorities, the Commission may adopt implementing acts setting out standard forms, formats and channels of transmission, languages of requests, time limits or other details of the procedures for requests for assistance. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.40 . _________________ 40 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 77 #
2017/0228(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Commission may adopt implementing acts setting out standard forms, formats and channels of transmission, languages of requests, time limits or other details of the procedures for requests for assistance. Such implementing acts shall be adopted in accordance with the procedure referred to in Article 8.
Amendment 421 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. When preparing candidate schemes referred to in paragraph 1 of this Article, ENISA shall consult in a transparent manner all relevant stakeholders and closely cooperate with the Group. The Group, the Permanent Stakeholders' Group and, for each candidate scheme, an ad hoc consultation platform. They shall provide ENISA with the assistance and expert advice required by ENISA in relation to the preparation of the candidate scheme, including by providing opinions where necessary.
Amendment 464 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. A European cybersecurity certification scheme may specify one or more of the following risk-based assurance levels: basic, substantial and/or high, for ICT products and services issued under that scheme. according to the context and intended purpose of the ICT products, processes and services: basic, substantial and/or high. The conformity assessment methods that may be used must be specified in the elements of each European cybersecurity certification scheme, on the basis of a risk analysis.
Amendment 513 #
2017/0225(COD)
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article 46a On the basis of a risk analysis, the appropriate conformity assessment method must be identified in accordance with Article 47 and in accordance with Article 4 and Annex II of Decision No 768/2008/EC.
Amendment 8 #
2017/0128(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The proliferation of specifications imposed by the Member States and neighbouring countries for their electronic toll systems may compromise both the smooth operation of the internal market, the principle of free movement and transport policy objectives. Such a situation is liable to lead to the proliferation of incompatible and expensive electronic boxes in the driving cabs of heavy duty vehicles, and to drivers making mistakes when using them with the result, for example, of unintentionally avoiding payment. Such a proliferation is unacceptable to users and to manufacturers of vehicles for cost, safety and legal reasons.
Amendment 54 #
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 56 #
2017/0003(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Connected devices and machines increasingly communicate with each other by using electronic communications networks (Internet of Things). The transmission of machine-to-machine communications involves the conveyance of signals over a network and, hence, usually constitutes an electronic communications service. In order to ensure full protection of the rights to privacy and confidentiality of communications, and to promote a trusted and secure Internet of Things in the digital single market, it is necessary to clarify that this Regulation should apply to the transmission of machine-to-machine communications. Therefore, the principle of confidentiality enshrined in this Regulation should also apply to the transmission of machine-to-machine communications. Specific safeguards could also be adopted under sectorial legislation, as for instance Directive 2014/53/EU. This Regulation should apply to the transmission of machine-to-machine communications only to the extent necessary to protect the confidentiality of communications.
Amendment 103 #
2017/0003(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person acting out of his/her business capacity requires that end-users that are natural persons are asked for consent before their personal data are included in a directory. The legitimate interest of legal entities and natural persons acting in their business capacity requires that end- users that are legal entities and natural persons acting in their business capacity have the right to object to the data related to them being included in a directory.
Amendment 226 #
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) under the conditions as set out in point (b) of paragraph 2 and paragraph 3
Amendment 249 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The information to be provided pursuant to point (e) of paragraph 1 and point (b) of paragraph 2 may be provided in combination with standardized icons in order to give a meaningful overview of the collection in an easily visible, intelligible and clearly legible manner.
Amendment 269 #
2017/0003(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 306 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The pProviders of publicly available directorienumber-based interpersonal communication services and electronic communication providers shall obtain the consent of end- users who are natural persons to include their personal data in thea directory and, consequently, shall obtain consent from these 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. PDirectory providers shall give end- users who are natural persons the means to verify, correct and delete such data.
Amendment 310 #
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 acting out of their business capacity whose personal data are in the directory of the available search functions of the directory and. Providers of number-based interpersonal communication services and electronic communication providers shall obtain end-users’ consent before enabling such search functions related to their own data.
Amendment 312 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publicly available directories shall provide end-users that are legal persons of natural persons acting in their business capacity with the possibility to object to data related to them being included in the directory. Providers shall give such end-users that are legal persons the means to verify, correct and delete such data.
Amendment 13 #
2016/2329(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the lack of provision of appropriate protection of a human being against gender-based violence comes at a cost and has a detrimental effects on society as a whole;
Amendment 24 #
2016/2329(INI)
F. whereas gender equality in all areas is a fundamental aspect of combating gender-based violence, both in Europe and in the rest of the world;
Amendment 54 #
2016/2329(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Member States to clearly condemn gender-based violenceand combat violence against women;
Amendment 73 #
2016/2329(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned that there is a significant gap between coordination and communication among the Member States when an EPO is executed; calls on the Member States to improve and jointly enhance cooperation and communication in relation to the EPO as this would set in motion much more efficient procedures and simultaneous cross-border action among the Member States;
Amendment 78 #
2016/2329(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to set up a computerised National Registry System of EPOs with the aim of collecting data, as well as to improve the exchange of information with the Commission and the Member States;
Amendment 83 #
2016/2329(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to set up a computerised European Registry System to collect information on EPOs from all Member States;
Amendment 93 #
2016/2329(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that victims of crime who have or would consider obtaining a national protection order need to be automatically informed and reminded of the possibility of requesting an EPO during criminal proceedings;
Amendment 146 #
2016/2329(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Member States, given the increasing exposure of children and teenagers to violence online, to consiincluder, includingf they have not done so already, education on gender equality and physical and psychological non-violence on the school curriculum;
Amendment 158 #
2016/2329(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls on the Member States to put in place digital reporting platforms to facilitate the identification of gender- based violence;
Amendment 161 #
2016/2329(INI)
30. Calls on the Member States to launch long-term awareness-raising, prevention and intersectional sensitising campaigns on both gender-based violence and the available instruments of protection with the involvement of relevant NGOs;
Amendment 43 #
2016/2305(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the deployment of 5G must be carried out in a manner that complements, and not at the expense of, other projects that are geared towards boosting connectivity in the most rural and remote parts of Europe;
Amendment 190 #
2016/2305(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Maintains that sub-state stakeholders such as regions and cities must be fully involved in the deployment of 5G;
Amendment 250 #
2016/2305(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recommends thatCalls on the Commission shouldto establish an annual progress review and draw up recommendations on the 5G Action Plan, and inform Parliament of the results;
Amendment 115 #
2016/2276(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that certain features often characterise online platforms, such as operating in multi-sided markets, enabling parties belonging to two or more distinct user groups to enter into direct contact by electronic means, offering online services based on the classification or referencing of content using algorithms, goods or services proposed or put on-line by third parties, the bringing together of several parties with a view to the sale of a good, the provision of a service or the exchange or sharing of content, goods or services;
Amendment 119 #
2016/2274(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Notes the need for an evidence- based approach to monitoring and further developing the licensing framework in order to ensure a dynamic ecosystem that creates added value and jobs;
Amendment 22 #
2016/2273(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that adequate, reliable and high-performance infrastructure, such as ultrafast broadband and telecommunications networks, are essential for the functioning of eGovernment services; notes that the continuous adoption of innovative technologies, such as big data and the internet of things or the uptake of mobile services for eGovernment will be essential for keeping up with technological development; points out that the development of eGovernment services and their extensive use requires having a suitable level of security in respect of data exchanges and the combating of personal data theft.
Amendment 129 #
2016/2271(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of an EU governance structure for the digitalisation of industry that facilitates the coordination of national initiatives and platforms on industrial digitalisation; calls on the Commission to consider setting a non- binding orientation target, that allows the EU to remain a global industrial leader; underlines the importance of advancing digitalisation particularly in those regions that are lagging behind; expects that, besides industry leaders and social partners, stakeholders from academia, the standardisation community, trade unions, policy-makers, local and regional authorities and civil society as well as industry leaders, especially SMEs, will also be invited to play an active role;
Amendment 165 #
2016/2271(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 322 #
2016/2271(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Underlines that education must include digital skills and that these must be integrated into national education curricula from primary school on;
Amendment 56 #
2016/2224(INI)
4. Calls for the creation of legal and secure disclosure channels at national level, including online notification platforms, to facilitate reporting to the competent authorities of information on threats to the public interest;
Amendment 19 #
2016/2221(INI)
Draft opinion
Recital C
Recital C
C. whereas women suffer particular discrimination in relation to access to the labour market, with substantially lower wages and more uncertain and precarious employment ties, but also a majority of the part-time jobs; whereas maternity represents an unacceptable form of discrimination against women in relation to accessing and remaining in the labour market;
Amendment 12 #
2016/2064(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the swift implementation of EFSI and the rapid rise in its importance, which have both been helped by the agility of the Commission and the EIB Group;
Amendment 105 #
2016/2064(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission and the EIB to communicate more effectively so as to publicise the tangible effects that EFSI is producing for Europe’s real economy, not least in terms of jobs created;
Amendment 160 #
2016/0382(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Support schemes for electricity generated from renewable sources have proved to be an effective way of fostering deployment of renewable electricity. If and when Member States decide to implement support schemes, such support should be provided in a form that is as non-distortive as possible for the functioning of electricity markets. To this end, an increasing number of Member States should allocate support in a form where support is granted in addition to market revenues.
Amendment 189 #
2016/0382(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Without prejudice to adaptations of support schemes to bring them in line with State aid rules, renewables support policies should be stable and avoid frequent or retroactive changes. Such changes have a direct impact on capital financing costs, the costs of project development and therefore on the overall cost of deploying renewables in the Union. Member States should prevent the revision of any support granted to renewable energy projects from having a negative impact on their economic viability. In this context, Member States should promote cost-effective support policies and ensure their financial sustainability for consumers.
Amendment 232 #
2016/0382(COD)
Proposal for a directive
Recital 45
Recital 45
(45) It is important to provide information on how the supported electricity is allocated to final customers. In order to improve the quality of that information to consumers, Member States should ensure that guarantees of origin are issued for all units of renewable energy produced. In addition, with a view to avoiding double compensation, renewable energy producers already receiving financial support should not receive guarantees of origin. However, those guarantees of origin should be used for disclosure so that final consumers can receive clear, reliable and adequate evidence on the renewable origin of the relevant units of energy. Moreover, for electricity that received support, the guarantees of origin should be auctioned to the market and the revenues should be used to reduce public subsidies for renewable energy.
Amendment 279 #
2016/0382(COD)
Proposal for a directive
Recital 55 a (new)
Recital 55 a (new)
(55a) It is important that Member States ensure a fair and non-distortionary allocation of networks costs and levies to all users of the electricity system. All network tariffs should be cost reflective.
Amendment 320 #
2016/0382(COD)
Proposal for a directive
Recital 78
Recital 78
(78) Biomass fuels should be converted into electricity and heat in an efficient way in order to maximise energy security and greenhouse gas savings, as well as to limit emissions of air pollutants and minimise the pressure on limited biomass resources. For this reason, public support to installations with a fuel capacity equal to or exceeding 20 MW, if needed, should only be given to highly efficient combined power and heat installations as defined Article 2(34) of Directive 2012/27/EU. Existing support schemes for biomass- based electricity should however be allowed until their due end date for all biomass installations. In addition electricity produced from biomass in new installations with a fuel capacity equal to or exceeding 20 MW should only count towards renewable energy targets and obligations in the case of highly efficient combined power and heat installations. In accordance with State aid rules, Member States should however be allowed to grant public support for the production of renewables to installations, and count the electricity they produce towards renewable energy targets and obligations, in order to avoid an increased reliance on fossil fuels with higher climate and environmental impacts where, after exhausting all technical and economic possibilities to install highly efficient combined heat and power biomass installations, Member States would face a substantiated risk to security of supply of electricity.
Amendment 342 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) ‘energy from renewable sources’ means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) and, geothermal energy, ambient heat, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases, biomethane, and hydrogen and synthetic gas produced from renewable electricity;
Amendment 362 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(ba) 'geothermal energy' means energy stored in the form of heat beneath the surface of solid earth;
Amendment 377 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) ‘biofuels’ means liquid or gaseous fuel for transport produced from biomass;
Amendment 382 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point i
Article 2 – paragraph 2 – point i
(i) ‘support scheme’: means any instrument, scheme or mechanism applied by a Member State or a group of Member States, that promotes the use of energy from renewable sources by reducing the cost of that energy, increasing the price at which it can be sold, or increasing, by means of a renewable energy obligation or otherwise, the volume of such energy purchased. This includes, but is not restricted to, research and investment aid, tax exemptions or reductions, tax refunds, renewable energy obligation support schemes including those using green certificates, and direct price support schemes including feed-in tariffs and premium payments;
Amendment 389 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point y
Article 2 – paragraph 2 – point y
(y) 'waste heat or cold' means heat or cold which is generated as by-product in industrial, tertiary sector or power generation installations and which would be dissipated unused in air or water without access to a district heating or cooling system;
Amendment 397 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point z
Article 2 – paragraph 2 – point z
(z) ‘repowering’ means renewing power plants producing renewable energy, including the full or partial replacement of installations or operation systems and equipment, in order to replace or increase capacity or increase efficiency;
Amendment 411 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a a
Article 2 – paragraph 2 – point a a
(aa) ‘renewable self-consumer’ means an active customer as defined in Directive [MDI Directive] who consumes and may store and sell renewable electricity which is generated within his or its premisesbehind the point of his or its connection to the grid, including a multi- apartment block, a commercial or shared services site or a closed distribution system, provided that, for non-household renewable self- consumers, those activities do not constitute their primary commercial or professional activity;
Amendment 424 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point c c
Article 2 – paragraph 2 – point c c
(cc) ‘power purchase agreement’ means a contract under which a legal or natural person agrees to purchase renewable electricity directly from an energy generator;
Amendment 433 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point e e
Article 2 – paragraph 2 – point e e
(ee) ‘advanced biofuels’ means biofuels that are produced from feedstocks listed in part A of Annex IXbiomass other than food/feed crops while meeting the EU sustainability criteria under the legislation in force;
Amendment 453 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point q q
Article 2 – paragraph 2 – point q q
(qq) 'biogas' means gaseous fuels produced from biomass by digestion or thermal gasification, regardless of physical form (gas, liquefied gas, etc.);
Amendment 456 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point qq a (new)
Article 2 – paragraph 2 – point qq a (new)
(qq a) 'solid fuels' are fuels other than liquid and gaseous fuels;
Amendment 517 #
2016/0382(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Subject to State aid rules, in order to reach the Union target set in Article 3(1), Member States may apply support schemes. Support schemes for electricity from renewable sources shall be designed so as to avoid unnecessary distortions of electricity markets and a sharp impact on the competitiveness of the sectors directly affected by the financing of renewables. They must also ensure that producers take into account the supply and demand of electricity as well as possible grid constraints.
Amendment 538 #
2016/0382(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Support for electricity from renewable sources shall be focused on innovation support. They shall be designed so as to integrate electricity from renewable sources in the electricity market and ensure that renewable energy producers are responding to market price signals and maximise their market revenues.
Amendment 551 #
2016/0382(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that support for renewable electricity is granted in an open, transparent, competitive, non- discriminatory and cost-effective manner. Member States may opt for technology- specific support schemes to accommodate less mature technologies, to take into account the potential of local renewable energy resources, or to take account of system impacts of different technologies.
Amendment 573 #
2016/0382(COD)
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
Amendment 602 #
2016/0382(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Member States shall review the possible impact on the industrial sector from the financial model chosen for support schemes. This assessment shall include measures to preserve industrial global competitiveness.
Amendment 606 #
2016/0382(COD)
Proposal for a directive
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4b. Six months after the adoption of this Directive, the Commission shall review the Environment and Energy State Aid Guidelines (EEAG) for the period until 2030.
Amendment 635 #
2016/0382(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States may temporarily set lower targets, or be exempt from the provisions of this paragraph on one or more of the following grounds: – insufficient interconnection capacity; – insufficient natural resources; – significant differences between national regulatory frameworks;
Amendment 647 #
2016/0382(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall assess by 2025 the benefits on the cost-effective deployment of renewable electricity in the Union of provisions set out in this Article. On the basis of this assessment, the Commission may propose to increasemodify the percentages set out in paragraph 2.
Amendment 674 #
2016/0382(COD)
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 3
Article 7 – paragraph 3 – subparagraph 3
Ambient heat and geothermal energy captured by heat pumps shall be taken into account for the purposes of paragraph 1(b) provided that the final energy output significantly exceeds the primary energy input required to drive the heat pumps. The quantity of heat to be considered as energy from renewable sources for the purposes of this Directive shall be calculated in accordance with the methodology laid down in Annex VII.
Amendment 678 #
2016/0382(COD)
Proposal for a directive
Article 7 – paragraph 4 – point b a (new)
Article 7 – paragraph 4 – point b a (new)
(ba) For the purpose of complying with the target set out in Article 3(1), the contribution of fuels supplied in the aviation sector shall be considered to be 2 times the energy content
Amendment 716 #
2016/0382(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall ensure that investors have sufficient predictability of the planned support for energy from renewable sources. To this aim, Member States shall define and publish a long-term schedule in relation to expected allocation for support, covering at least the following threfive years and including for each scheme the indicative timing, the capacity, the budget expected to be allocated, as well as a consultation of stakeholders on the design of the support.
Amendment 740 #
2016/0382(COD)
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 3
Article 15 – paragraph 5 – subparagraph 3
Member States shall, in their building regulations and codes or by other means with equivalent effect, require the use of minimum levels of energy from renewable sources in new buildings and in existing buildings that are subject to major renovation, reflecting the results of the cost-optimal calculation carried out pursuant to Article 5(2) of Directive 2010/31/EU. Member States shall permit those minimum levels to be fulfilled, inter alia, through district heating and cooling produced using a significant proportion of renewable energy sources.
Amendment 741 #
2016/0382(COD)
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 3
Article 15 – paragraph 5 – subparagraph 3
Member States shall, in their building regulations and codes or by other means with equivalent effect, require the use of minimum levels of energy from renewable sources in new buildings and in existing buildings that are subject to major renovation, reflecting the results of the cost-optimal calculation carried out pursuant to Article 5(2) of Directive 2010/31/EU. Member States shall permit those minimum levels to be fulfilled, inter alia, using a significant proportion of renewable energy sources and/or waste heat and cold.
Amendment 761 #
2016/0382(COD)
Proposal for a directive
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Member States shall remove administrative, regulatory and information barriers to corporate long- term power purchase agreements to finance renewables and facilitate their uptake, and ensuring that these are not subject to disproportionate charges that are not cost reflective.
Amendment 780 #
2016/0382(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The permit granting process referred to in paragraph 1 shall not exceed a period of three years, except for the cases set out in Article 16(5) and Article 17, and allowing for potential legal appeals that may arise.
Amendment 786 #
2016/0382(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall facilitate the repowering of existing renewable energy plants by, inter alia, ensuring a simplified and swift permit granting process, which shall not exceed one year from the date on which the request for repowering is submitted to the single administrative contact point. Without prejudice to Article 11(4) of the [Electricity Regulation], Member States shall ensure that access and connection rights to the grid are maintained for repowered projects at least in cases in which there is no change to capacity.
Amendment 802 #
2016/0382(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Demonstration projects and installations with an electricity capacity of less than 50 kWup to a value to be defined following an impact assessment by the distribution system operator shall be allowed to connect to the grid following a notification to the distribution system operator.
Amendment 809 #
2016/0382(COD)
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
Repowering shall be allowed following a notification to the single administrative contact point established in accordance with Article 16, where no singnificant negative environmental or social impact is expected, based on a pre-established list of criteria. The single administrative contact point shall decide within six months of the receipt of the notification if this is sufficient.
Amendment 836 #
2016/0382(COD)
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 3
Article 19 – paragraph 2 – subparagraph 3
Amendment 906 #
2016/0382(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Subject to their assessment included in the integrated national energy and climate plans in accordance with Annex I of Regulation [Governance], on the necessity to build new infrastructure for district heating and cooling produced from renewable energy sources and waste heat or cold in order to achieve the Union target referred to in Article 3(1) of this Directive, Member States shall, where relevant, take steps with a view to developing a district heating infrastructure to accommodate the development of heating and cooling production from large biomass, solar and geothermal facilities and waste heat or cold.
Amendment 923 #
2016/0382(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point a
Article 21 – paragraph 1 – subparagraph 1 – point a
(a) are entitled to carry out self- consumption and sell, including through power purchase agreements, their excess production of renewable electricity without being subject to disproportionate procedures and without being subject to or benefitting from charges that are not cost- reflective;
Amendment 936 #
2016/0382(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) maintain their rights as consumers; , and;
Amendment 1018 #
2016/0382(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Without prejudice to State aid rules, when designing support schemes, Member States shall take into account the specificities of renewable energy communities., while ensuring a level playing field between all generators of electricity from renewable energy sources;
Amendment 1036 #
2016/0382(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. In order to facilitate the penetration of renewable energy and/or waste heat and cold in the heating and cooling sector, each Member State shall endeavour to increase the share of renewable energy and/or waste heat and cold supplied for heating and cooling by at least 1 percentage point (pp) every year, expressed in terms of national share of final energy consumption and calculated according to the methodology set out in Article 7.
Amendment 1043 #
2016/0382(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. In order to facilitate the penetration of renewable energy in the heating and cooling sector, each Member State shall endeavour todevelop an incentivizing framework aimed at increaseing the share of renewable energy supplied for heating and cooling by at least 1 percentage point (pp) every year, expressed in terms of national share of final energy consumption and calculated according to the methodology set out in Article 7.
Amendment 1055 #
2016/0382(COD)
Proposal for a directive
Article 23 – paragraph 3 – point a
Article 23 – paragraph 3 – point a
(a) physical incorporation of renewable energy and/or waste heat and cold in the energy and energy fuel supplied for heating and cooling;
Amendment 1061 #
2016/0382(COD)
Proposal for a directive
Article 23 – paragraph 3 – point b
Article 23 – paragraph 3 – point b
(b) direct mitigation measures such as installation of highly efficient renewable heating and cooling systems in buildings or renewable energy and/or waste heat and cold use for industrial heating and cooling processes;
Amendment 1070 #
2016/0382(COD)
Proposal for a directive
Article 23 – paragraph 3 – point c a (new)
Article 23 – paragraph 3 – point c a (new)
(ca) other policy measures with an equivalent effect to reach the increase set out in paragraph (1).
Amendment 1080 #
2016/0382(COD)
Proposal for a directive
Article 23 – paragraph 5 – point b
Article 23 – paragraph 5 – point b
(b) the total amount of renewable energy and/or waste heat and cold supplied for heating and cooling;
Amendment 1087 #
2016/0382(COD)
Proposal for a directive
Article 23 – paragraph 5 – point d
Article 23 – paragraph 5 – point d
(d) the type of renewable energy and/or waste heat and cold source.
Amendment 1097 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph -1 (new)
Article 24 – paragraph -1 (new)
-1. Member States shall endeavour to increase the share of renewable energy and/or waste heat and cold in existing heating and cooling systems and, where feasible, the production should be done with high efficiency combined heat and power.
Amendment 1102 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that district heating and cooling suppliers provide information to end-consumers on their energy performance and the share of renewable energy in their systems. Such information shall be provided on an annual basis in accordance with standards used under Directive 2010/31/EU.
Amendment 1103 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that district heating and cooling suppliers provide information to end-consumers on their energy performance and the share of renewable energy and/or waste heat and cold in their systems. Such information shall be in accordance with standards used under Directive 2010/31/EU.
Amendment 1115 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Member States shall lay down the necessary measures to allow customers of those district heating or cooling systems which are not 'efficient district heating and cooling' within the meaning of Article 2(41) of Directive 2012/27/EU to disconnect from the systemcancel their contracts with the District Heating or Cooling operator in order to produce heating or cooling from renewable energy sources themselves, or to switch to another supplier of heat or cold which has access to the system referred to in paragraph 4.
Amendment 1127 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Member States shall lay down the necessary measures to ensure non- discriminatory access to dthat there are no regulatory barriers for District hHeating or cand Cooling systems forto buy heat or cold produced from renewable energy sources and for waste heat or cold. This non- discriminatory access shall enable direct supply of heating or cooling from such sources to customers connected to when it is economically and technically feasible for the dDistrict hHeating or cooling system by suppliers other than the operator ofsystem operators and customers connected to the dDistrict hHeating or cooling sSystem.
Amendment 1148 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 8
Article 24 – paragraph 8
8. Member States shall require electricity distribution system operators to assess at least biennially, in cooperation with the operators of district heating or cooling systems in their respective area, the potential of district heating or cooling systems to provide balancing and other system services, including demand response and storing of excess electricity produced from renewable sources and if the use of the identified potential would be more resource- and cost-efficient than alternative solutions.
Amendment 1150 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 9
Article 24 – paragraph 9
9. Member States shall designate one or more independcompetent authorities to ensure that the rights of consumers and the rules for operating district heating and cooling systems in accordance with this Article are clearly defined and enforced.
Amendment 1204 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point b – paragraph 2
Article 25 – paragraph 1 – subparagraph 4 – point b – paragraph 2
For the calculation of the numerator, the contribution from biofuels and biogas produced from feedstock included in part B of Annex IX shall be limited to 1.7% of the energy content of transport fuels supplied for consumption or use on the market and the contribution of fuels supplied in the aviation and maritime sector shall be considered to be 2 times and 1.2 times their energy content respectively.
Amendment 144 #
2016/0381(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The 2009 WHO guidelines express that for indoor air quality, better performing buildings provide higher comfort levels, wellbeing for their occupants and improve health. Thermal bridges, inadequate insulation and unplanned air pathways can result in surface temperatures below the dew point of the air and in dampness, it is therefore essential to ensure a complete and homogeneous insulation of the building including balconies, fenestrations, roofs, walls, doors and floor.
Amendment 213 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2010/31/EU
Article 2 – point 3
Article 2 – point 3
3. ‘technical building system’ means technical equipment for space heating, space cooling, ventilation, domestic hot water, built-in lighting, building automation and control including energy management, on-site electricity generation, on-site infrastructure for electro-mobility, or a combination of such systems, including those using energy from renewable sources, of a building or building unit;;
Amendment 247 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2010/31/EU
Article 2 a – paragraph 1
Article 2 a – paragraph 1
(a) the first paragraph consists of Article 4 of the Directive 2012/27/EU on energy efficiency16 , other than its last subparagraph; __________________ 16 ollowing paragraph is inserted: ‘1. Each Member State shall establish a long-term renovation strategy for the transformation of the national stock of residential and commercial buildings, both public and private, to a highly energy efficient building stock by 2050. The strategies shall include specific measures for mobilising investment for the purposes of achieving the 2050 renovation goal. The strategies shall encompass: (a) a structured overview of the national building stock based, as appropriate, on statistical sampling and/or building-related databases; (b) identification of cost-effective, technology neutral approaches to energy renovation relevant to the building type and climatic zones; (c) policies and measures, including the introduction of building renovation passports, to stimulate cost-effective energy renovations of buildings, including staged deep energy renovations; (d) a forward-looking perspective to guide investment decisions of individuals, the construction industry and financial institutions; (e) an evidence-based estimate of expected energy savings and wider benefits including non-economic benefits that will arise from the implementation of the strategies; (f) an action plan, with milestones and enforcement procedures. These long- term renovation strategies shall be built with structured, permanent stakeholder platforms, whose expertise, opinions and expectations will be taken into account by the Member States; (g) initiatives looking at skills and education related to the deployment of smart and connected technologies in buildings, and policies and actions aiming to accelerate the technological transition towards smart and connected buildings notably by facilitating the deployment of monitoring technologies.’ OJ L 315, 14.11.2012, p. 13 Or. en (The amendment is based on Article 4(1) of Directive 2012/27/EU, with additional text in points (a), (b) (c) and (e). Two additional points (f) and (g) have been inserted.)
Amendment 265 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
‘In their long-term renovation strategy referred to in paragraph 1, Member States shall set out a roadmap with clear milestones and measures to deliver on the long-term 2050 goal to decarbonise their national building stock, with specific milestones for 2030 and 2040. This roadmap shall include intermediary measures every five years to ensure the uptake of all the equipment of technical building systems listed in Article 2, paragraph 3, and Article 8.
Amendment 327 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2010/31/EU
Article 6 – paragraphs 2 and 3
Article 6 – paragraphs 2 and 3
(3) In Article 6 is amended as follows: (a) subparagraph is, the third paragraph is deleted; in paragraph 1, the second paragraphs 2 and 3 are deleted; (b)
Amendment 333 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/31/EU
Article 7 – subparagraph 5
Article 7 – subparagraph 5
Amendment 378 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2010/31/EU
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall ensure that newly built residential buildings and those undergoing major renovations related to the electrical infrastructure of the building or the built-in parking lot, with more than ten parking spaces, include the pre- cablfitting to enable the installation of recharging points for electric vehicles for every parking space. This requirement also applies to adjacent parking lots if the major renovations encompass them.
Amendment 395 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2010/31/EU
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. To develop more green mobility, Member States shall also favour the use of alternative fuels (biogas, hydrogen, Compressed Natural Gas, Liquified Natural Gas …) by supporting dedicated infrastructures.
Amendment 418 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/31/EU
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Member States shall ensure that, when a technical building system is installed, replaced or upgraded, the overall energy and, when relevant, indoor air quality performance of the complete altered system is assessed, documented it and passed on to the building owner, so that it remains available for the verification of compliance with the minimum requirements set pursuant to paragraph 1 and the issue of energy performance certificates. Member States shall ensure that this information is included in the national energy performance certificate database referred to in Article 18(3).
Amendment 433 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/31/EU
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 23 supplementing this Directive with a definition of ‘smartness indicator’ and with the conditions under which the ‘smartness indicator’ wserving as the basis for subsequent adoption, in consultation with the relevant sectors, of a common European Union scheme for rating smart readiness of buildings that could be provided as additional information to prospective new tenants or buyers.
Amendment 443 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/31/EU
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
The smartness indicator shall cover flexibility features, enhanced functionalities and capabilities resulting from more interconnected and built-in intelligent devices being integrated into the conventional technical building systems. The features shall enhance the ability of occupants and the building itself to react to indoor air quality and thermal comfort orand operational requirements, take part in demand response and contribute to the optimum, smooth, healthy and safe operation of the various energy systems and district infrastructures to which the building is connected.;
Amendment 446 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/31/EU
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Member States shall ensure that non-residential buildings with total primary energy use of over 250 MWh per year that are new-built or existing and undergoing retrofit, including major renovation and replacement or upgrade of technical building systems, are equipped with building automation and control systems, as defined in the standard EN15232, unless technically or economically unfeasible.
Amendment 456 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2010/31/EU
Article 10 – paragraph 6
Article 10 – paragraph 6
‘6. Member States shall link their financial measures for energy efficiency improvements in the renovation of buildings to the energy savingsperformance improvement achieved due to such renovation. These savingsis improvement shall be determined by comparing energy performance certificates issued before and after renovation or other relevant, transparent and proportionate method.’;
Amendment 521 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Directive 2010/31/EU
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) with effective control functionalities to ensure optimum generation, distribution, storage and use of energy.;
Amendment 560 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Directive 2010/31/EU
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) with effective control functionalities to ensure optimum generation, distribution, storage and use of energy;
Amendment 603 #
2016/0381(COD)
Proposal for a directive
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
Directive 2010/31/EU
Annex I – point 2 – subparagraph 1
Annex I – point 2 – subparagraph 1
‘2. The energy needs for space heating, space cooling, domestic hot water and adequate ventilation shall be calculated in order to ensure minimum health, indoor air quality and comfort levels defined by Member States. The temperature on any inner surface of the building should not drop below the dew-point temperature.
Amendment 108 #
2016/0376(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The European Council of October 2014 set a 27 % energy efficiency target for 2030, to be reviewed by 2020 'having in mind an Union level of 30 %'. In December 2015, a small majority of the European Parliament called upon the Commission to also assess the viability of a 40 % energy efficiency target for the same timeframe. It is therefore appropriate to review and consequently amend the Directive to adapt it to the 2030 perspective.
Amendment 113 #
2016/0376(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The Commission and the Member States should ensure that the reduction in energy consumption results from greater energy efficiency and not from macro- economic circumstances. The main focus of this Directive is to achieve real energy efficiency gains, regardless of the macro- economic circumstances. Therefore flexibility in the calculation of the target should be provided for key influencing para-meters such as economic growth, technological developments, variations of industrial production, structural changes of the economy and significant climate variations, in order to maintain a level of energy efficiency ambition and avoid a cap on in-dustrial growth.
Amendment 137 #
2016/0376(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In order not to undermine the price signal within the EU ETS due to energy efficiency targets, the intake rates of the market stability reserve should be agreed. Measures adopted pursuant to this Directive should lead to more free allowances being available under the ETS to ensure effective carbon leakage protection.
Amendment 140 #
2016/0376(COD)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) The Commission should ask Member States that overachieve targets and thereby cause an increase in the carbon market surplus and a decrease in certificate prices, to withhold and later cancel allowances in a volume sufficient to neutralise the market surplus and price decrease.
Amendment 143 #
2016/0376(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The obligation on Member States to establish long-term strategies for mobilising investment in the renovation of their national building stock and notify them to the Commission should be removed from Directive 2012/27/EU and added to Directive 2010/31/EU of the European Parliament and of the Council10 where it fits with long term plans for nearly zero energy buildings and the decarbonisation of buildings. __________________ 10 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13.
Amendment 169 #
2016/0376(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Long term energy efficiency measures will continue delivering energy savings after 2020 but i. In order to contribute to the next Union 2030 energy efficiency target, those measures should deliver new savings after 2020. On the other hand, energy savings achieved after 31 December 2020 may not count towards the cumulative savings amount required for the period from 1 January 2014 to 31 December 2020.
Amendment 172 #
2016/0376(COD)
Proposal for a directive
Recital 9
Recital 9
(9) New savings should be additional to business as usual, so that savings that would have occurred in any event may not be claimed. In order to calculate the impact of measures introduced only net savings, measured as the change of energy consumption that is directly attributable to the energy efficiency measure in question, may be counted. To calculate net savings Member States should establish a baseline scenario of how the situation would evolve in the absence of the policy in question. The policy intervention should be evaluated against this defined baseline. Member States should take into account that other policy interventions may be undertaken in the same time frame which may also have an impact on energy savings, so that not all changes observed since the introduction of the policy intervention being evaluated can be attributed to that policy measure only. The actions of the obligated, participating or entrusted party should actually contribute to the achievement of the savings claimed to ensure the fulfilment of the materiality requirement.
Amendment 195 #
2016/0376(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Improvements to the energy efficiency of buildings should benefit in particular consumers affected by energy povertywith low income compared to national standards. Member States can already require obligated parties to include social aims in energy saving measures, in relation to energy poverty, and this possibility should now be extended to alternative measures and transformed into an obligation while leaving full flexibility to Member States with regard to the size, scope and content of such measures. In line with Article 9 of the Treaty, the Union's energy efficiency policies should be inclusive and therefore also ensure accessibility of energy efficiency measures for energy poor consumers.
Amendment 203 #
2016/0376(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The costs and benefits of all energy efficiency measures taken, including pay-back periods, should be made fully transparent to consumers.
Amendment 219 #
2016/0376(COD)
Proposal for a directive
Recital 14
Recital 14
(14) As part of the measures set out in the Commission's Communication New Deal for Energy Consumers, in the context of the Energy Union and the Heating and Cooling strategy, consumers' minimum rights to clear and timely information about their energy consumption need to be strengthened. Articles 9 to 11 and Annex VII of Directive 2012/27/EU should be amended to provide for frequent and enhanced feedback on energy consumption when this is technically feasible and cost- efficient in view of the measurement devices in place. The cost-efficiency of sub-metering depends on whether the related costs are proportionate in relation to the potential energy savings. It should also be clarified that rights relating to billing and billing or consumption information apply for consumers of heating, cooling or hot water supplied from a central source even where they have no direct, individual contractual relationship with an energy supplier. The term 'final customer' should be understood to include only natural or legal persons purchasing energy based on a direct, individual contract with an energy supplier. Therefore, for the purposes of these provisions, the term 'final user', should coverin addition to final customers purchasing heating, cooling or hot water for their own use as well acovers occupants of individual units of multi-apartment or multi-purpose buildings where such units are supplied from a central source and where the occupants have no direct or individual contract with the energy supplier. The term 'sub- metering' should refer to measuring consumption in individual units of such buildings. By 1 January 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost-effective, frequent provision of consumption information. The new Article 9a is intended to apply only to heating, cooling and hot water supplied from a central source.
Amendment 227 #
2016/0376(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Small and medium-sized enterprises (SMEs) in the scope of this Directive should mean enterprises which employ fewer than 250 persons and which have an annual turnover not exceeding EUR 50 million, and/or an annual balance sheet total not exceeding EUR 43 million, in accordance with Article 2(1) of the Annex to Commission Recommendation 2003/361/EC.
Amendment 263 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/27/EU
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a common framework of measures to promote energy efficiency within the Union in order to ensure that the Union’s 2020 20 % headline targets and its 2030 30 % bindingcative headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates. It lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy, and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and 2030.;
Amendment 289 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph – subparagraph 1
Article 3 – paragraph – subparagraph 1
Each Member State shall set an indicative national energy efficiency target for 2020, based on either primary or final energy consumption, primary or final energy savings, or energy intensity. Member States shall notify those targets to the Commission in accordance with Article 24(1) and Annex XIV Part 1. When doing so, they shall also express those targets in terms of an absolute level of primary energy consumption and/or final energy consumption in 2020 and shall explain how, and on the basis of which data, this has been calculated.
Amendment 295 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph 1 – subparagraph 2 – point a
Article 3 – paragraph 1 – subparagraph 2 – point a
(a) that the Union’s 2020 energy consumption has to be no more than 1 483 Mtoe of primary energy and/or no more than 1 086 Mtoe of final energy;
Amendment 304 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph 1 – subparagraph 3 – point b
Article 3 – paragraph 1 – subparagraph 3 – point b
(b) GDP evolution and forecast and economic structural change;
Amendment 306 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Directive 2012/27/EU
Article 3 – paragraph 1 – subparagraph 3 – point b a (new)
Article 3 – paragraph 1 – subparagraph 3 – point b a (new)
(ba) technological evolution and forecast;
Amendment 326 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Each Member State shall set indicative national energy efficiency contributions towards the Union's 2030 target referred to in Article 1 paragraph 1 in accordance with(1) in accordance with the second and third subparagraphs of Article 3(1), taking into account Articles [4] and [6] of Regulation (EU) XX/20XX [Governance of the Energy Union]. When setting those contributions, Member States shall take into account that the Union’s 2030 energy consumption has to aim to be no more than [1 321] Mtoe of primary energy andor no more than [987] Mtoe of final energy as reference baseline values and the primary and final energy consumption levels must be adjusted to: (a) economic development or structural adjustment according to the production index on the ground of Eurostat data; (b) changes in demographic developments; (c) climate variations or extreme events such as heat waves or cold spells, according to IPCC assessment reports; (d) energy consumption patterns due to innovation processes and implementation of environmental, energy and climate policy measures, such as decarbonisation measures, recycling processes, sector coupling or demand- side-management; (d) technological developments and increasing economic activity to allow for economic growth. The recalculation of the baseline values shall be done bi-annually based on national energy and climate plans and Eurostat data. Member States shall notify those contributions to the Commission as part of their integrated national energy and climate plans in accordance with the procedure pursuant to Articles [3] and [7] to [11] of Regulation (EU) XX/20XX [Governance of the Energy Union].;
Amendment 344 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Directive 2012/27/EU
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The Commission shall request Member States that overachieve their targets and thereby cause an increase in the carbon market surplus and a decrease in certificate prices to withhold and cancel allowances in sufficient volume to ensure that the surplus increase and price decrease are neutralised.
Amendment 408 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 3
Article 7 – paragraph 1 – subparagraph 3
For the purposes of point (b), and without prejudice to paragraphs 2 and 3, Member States may count only those energy savings that stem from new policy measures introduced after 31 December 2020 or policy measures introduced during the period from 1 January2014 to 31December 2020before that date provided it can be demonstrated that those measures result in individual actions that are undertakendeliver savings after 31 December 2020 and deliver savings.
Amendment 419 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
The sales of energy, by volume, used in transport and for the purposes of activities listed in Annex I to Directive 2003/87/EC may be partially or fully excluded from these calculations.
Amendment 432 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
Amendment 441 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) count energy savings resulting from individual actions newly implemented since 31 December 2008 that continue to have an impact in 2020 and beyond and which can be measured and verified, towards the amount of energy savings referred to in paragraph 1; and
Amendment 450 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) exclude from the calculation of the energy savings requirement referred to in paragraph 1 the verifiable amount of energy generated on or in buildings for own use as a result of policy measures promoting new installation of renewable energy technologies.
Amendment 460 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 3
Article 7 – paragraph 3
3. All the options chosen under paragraph 2 taken together must amount to no more than 25 35% of the amount of energy savings referred to in paragraph 1. Member States shall apply and calculate the effect of the options chosen for the periods referred to in points (a) and (b) of paragraph 1 separately:
Amendment 506 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 5 – point a
Article 7a – paragraph 5 – point a
(a) shallmay include requirements with a social aim in the saving obligations they impose, including by requiring a share of energy efficiency measures to be implemented as a priority in households affected by energy povertylow income according to national standards and in social housing;
Amendment 532 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7b – paragraph 2
Article 7b – paragraph 2
2. In designing alternative policy measures to achieve energy savings, Member States shall take into account the effect on households affected by energy povertylow income households compared to national average.
Amendment 564 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a – paragraph 2 – subparagraph 1
Article 9a – paragraph 2 – subparagraph 1
In multi-apartment and multi-purpose buildings with a central heating or cooling source or supplied from district heating and cooling systems, individual meters shall be installed to measure the consumption of heat or cooling or hot water for each building unit, where technical feasible and cost-efficient in relation to the potential energy savings.
Amendment 572 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a – paragraph 2 – subparagraph 2
Article 9a – paragraph 2 – subparagraph 2
Where the use of individual meters is not technically feasible or where it is not cost- efficient or not proportionate to measure heating or cooling in each building unit, individual heat cost allocators shall be used to measure heat consumption at each radiator unless it is shown by the Member State in question that the installation of such heat cost allocators would not be cost efficient or proportionate. In those cases, alternative cost-efficient methods of heat consumption measurement may be considered. The conditions of technical non-feasibility and non-cost effectiveness shall be clearly set out and published by each Member State.
Amendment 575 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a – paragraph 2 – subparagraph 3
Article 9a – paragraph 2 – subparagraph 3
Amendment 587 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a – paragraph 4 – subparagraph 1
Article 9a – paragraph 4 – subparagraph 1
For the purposes of this Article, as of 1 January 2020, newly installed meters and cost allocators installed shallshall, where cost efficient, be remotely readable devices.
Amendment 652 #
2016/0376(COD)
Proposal for a directive
Annex – point 1 – point b
Annex – point 1 – point b
Directive 2012/27/EU
Annex V – paragraph 2 – point b
Annex V – paragraph 2 – point b
Amendment 658 #
2016/0376(COD)
Proposal for a directive
Annex – point 1 – point b
Annex – point 1 – point b
Directive 2012/27/EU
Annex V – paragraph 2 – point c – introductory part
Annex V – paragraph 2 – point c – introductory part
(c) credit may only be given for savings achieving or exceeding the following levels:
Amendment 666 #
2016/0376(COD)
Proposal for a directive
Annex – point 1 – point b (new)
Annex – point 1 – point b (new)
Directive 2012/27/EU
Annex V – paragraph 2 – point h
Annex V – paragraph 2 – point h
(h) the calculation of energy savings shall take into account the lifetime of measures. This may be done by counting the savings each individual action will achieve between its implementation date and 31 December 2020 or 31 December 2030 as appropriate. Measures implemented before 31 December 2020, which continue to generate cumulative energy savings after that date, shall be proportionally counted towards the target for 31 December 2030. Alternatively, Member States may adopt another method that is estimated to achieve at least the same total quantity of savings. When using other methods, Member States shall ensure that the total amount of energy savings calculated using these other methods does not exceed the amount of energy savings that would have been the result of their calculation when counting the savings each individual action will achieve between its implementation date and 31 December 2020 or 31 December 2030 as appropriate. Member States shall describe in detail in their Integrated National Energy and Climate plans under the Energy Union Governance the other methods they have used and which provisions have been made to ensure they meet this binding calculation requirement.
Amendment 694 #
2016/0376(COD)
Proposal for a directive
Recital 4
Recital 4
(4) There are no binding targets at national level in the 2030 perspective. The need for the Union to achieve its energy efficiency targets at EU level, expressed in primary and/or final energy consumption, in 2020 and 2030 should be clearly set out in the form of an bindingcative 30 % target. This clarification at Union level should not restrict Member States as their freedom is kept to set their national contributions based on either primary or final energy consumption, primary or final energy savings, or energy intensity. Member States should set their national indicative energy efficiency contributions taking into account that the Union’s 2030 energy consumption has to be no more than [1 321] Mtoe of primary energy and no more than [987] Mtoe of final energy, subject to biannual revision of baseline calculations. This means that primary energy consumption shouldis likely to be reduced by 23 % and final energy consumption should be reduced by 17 % in the Union compared to 2005 levels. A regular evaluation of progress towards the achievement of the Union 2030 target is necessary and is provided for in the legislative proposal on Energy Union Governance.
Amendment 312 #
2016/0375(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The transition to a low-carbon economy requires changes in investment behaviour and incentives across the entire policy spectrum. If it is to succeed in the short term and win the support of businesses and Europe’s households, it must not lead to an increase in overall tax pressure. Achieving greenhouse gas emission reductions requires a boost to efficiency and innovation in the European economy and in particular should also lead to improvements of air quality.
Amendment 436 #
2016/0375(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Should the ambition of integrated national energy and climate plans or their updates be insufficient for the collective achievement of the Energy Union objectives and, for the first period, in particular the 2030 targets for the decarbonisation of energy production, renewable energy and energy efficiency, the Commission should take measures at Union level in order to ensure the collective achievement of these objectives and targets (thereby closing any 'ambition gap'). Should progress made by the Union towards these objectives and targets be insufficient for their delivery, the Commission should, in addition to issuing recommendations, take measures at Union level or Member States should take additional measures in order to ensure achievement of these objectives and targets (thereby closing any 'delivery gap'). Such measures should take into account early ambitious contributions made by Member States to the 2030 targets for renewable energy and energy efficiency when sharing the effort for collective target achievement. In the area of renewable energy, such measures can also include financial contributions by Member States to a financing platform managed by the Commission, which would be used to contribute to renewable energy projects across the Union. Member States' national renewable energy targets for 2020 should serve as baseline shares of renewable energy from 2021 onwards. In the area of energy efficiency, additional measures can in particular aim at improving the energy efficiency of products, buildings and transport.
Amendment 1015 #
2016/0375(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
(c) expected progress on transition to a low greenhouse gas emission economy including greenhouse gas intensity, CO2 intensity of electricity generation, CO2 intensity of gross domestic product and strategies for related research, development and, innovation and investment;
Amendment 20 #
2016/0351(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Takes note of the Council agreement to modernise the EU’s trade defence instruments but recalls that in order to have effective anti-dumping measures, the Lesser Duty Rule unjustly reduces the anti-dumping duties at a level below the dumping margin. Asks in this purpose the remove of the Lesser Duty rule as proposed by the European Parliament in its position adopted at first reading on 16 April 2014 on TDIs modernisation.
Amendment 21 #
2016/0351(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In the light of experience gained in past proceedings, it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist. In particular, it is appropriate to clarify that this situation may be deemed to exist, inter alia, when reported prices or costs, including the costs of raw materials and other factor of productions, are not the result of free market forces because they are affected by government intervention. It is further appropriate to clarify that in considering whether or not such a situation exists regard may be had, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowing the state to interfere with respect to prices or costs; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives. ISignificant dis further appropriate to provide that the Commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector; that such report and the evidence on which it is based may be placed on the file of any investigation relating to thtortions shall be deemed to exist in non-market economy countries, i.e. countries which do not meet one or more of the following criteria: 1) a low degree of government influence over the allocation of resources and decisions of enterprises, whether directly or indirectly (e.g. public bodies), for example through the use of state-fixed prices, or discrimination in the tax, trade or currency regimes; 2) an absence of state-induced distortions in the operation of enterprises linked to privatisation and the use of non-market trading or compensation system; 3) the existence and implementation of a transparent and non-discriminatory company law which ensures adequate corporate governance (application of international accounting standards, protection of shareholders, public availability of accurate country or sector; and that interested parties should have ample opportunity to comment on the report andmpany information); 4) the existence and implementation of a coherent, effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime; 5) the evidxistence on which it is based in each investigation in which such report or evidence is used. f a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision.
Amendment 30 #
2016/0351(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) It is further appropriate to provide that the Commission adopts reports describing the specific situation concerning the criteria listed in recital 3 in a certain country or a certain sector; that such reports and the evidence on which they are based shall be placed on the file of any investigation relating to that country or sector; and that interested parties should have ample opportunity to comment on the reports and the evidence on which they are based in each investigation in which such reports or evidence are used.
Amendment 36 #
2016/0351(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation. However, where there are significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low, such costs mayshall be adjusted or established on any reasonable basis, including information from other representative markets or from undistorted international prices or benchmarks. In the light of experience gained in past proceedings, it is appropriate to further clarify that, for the purposes of applying the provisions introduced by this regulation, due account should be taken of all relevant evidence, including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based, which has been placed on the file, and upon which interested parties have had an opportunity to comment.
Amendment 39 #
2016/0351(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Absent any other specific transitional rules regulating the matter, it is appropriate to provide for the application of this Regulation to all decisions on the initiation of proceedings, and to all proceedings, including original investigations and review investigations, initiated, on or after the date on which this Regulation enters into force, subject to Article 11(9) of Regulation (EU) 2016/1036. Furthermore, by way of specific transitional rule, and having regard to the absence of any other specific transitional rule regulating the matter, it is appropriate to provide that, in the case of a transition from a normal value calculated pursuant to Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6ae of Article 2, the reasonable period of time provided for in the first sub-paragraph of Article 11(3) of Regulation (EU) 2016/1036 should be deemed to elapse on the date on which the first expiry review following such transition is initiated. With a view to reducing the risk of circumvention of the provisions of this Regulation, the same approach should apply with respect to reviews conducted pursuant to Article 11(4) of Regulation (EU) 2016/1036. It is also appropriate to recall that a transition from a normal value calculated pursuant to Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6ae of Article 2 would not in itself constitute sufficient evidence within the meaning of Article 11(3) of Regulation (EU) 2016/1036. Such transitional rules should complete a lacuna that would otherwise risk to generate legal uncertainty, should provide a reasonable opportunity for interested parties to adapt themselves to the expiry of the old rules and the entry into force of the new rules, and should facilitate the efficient, orderly and equitable administration of Regulation (EU) 2016/1036.
Amendment 47 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 - paragraph 6a - point a
Article 2 - paragraph 6a - point a
(a) In case it is determined, when applying this provision or any other relevant provision of this Regulation, that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions in the economy as a whole or in sectors of the economy, the normal value shall be a price or be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks. For this purpose, the sources that may be used include undistorted international prices, costs, or benchmarks, or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country, provided the relevant cost data are readily available. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits.
Amendment 55 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
(b) Significant distortions for the product concernedin market economy countries, within the meaning of point (a) may be deemed to exist , inter alia, when reported prices or costs, including the costs of raw materials and others factors of production, are not the result of free market forces as they are affected by government intervention. In considering whether or not significant distortions exist regard may be had, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowing the state to interfere with respect to prices or costs; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives.
Amendment 56 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 2016/1036
article 2 – paragraph 6 – point b a (new)
article 2 – paragraph 6 – point b a (new)
Amendment 63 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
article 2 – paragraph 6a – point c
article 2 – paragraph 6a – point c
(c) When appropriate, the Commission services may issue a reporThe Commission may adopt a report by delegated act describing the specific situation concerning the criteria listed in point aragraph 6a(b) in a certain country or a certain sector. The Commission shall adopt a report by delegated act for countries referred to in paragraph 6b which shall include an assessment of the fulfilment of the criteria in paragraph 6b. Such reports and the evidence on which it is based may, as well as relevant findings from prior EU investigations and country reports, shall be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to supplement, comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used. The determinations made shall take into account all of the relevant evidence on the file.
Amendment 72 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point d
Article 2 – paragraph 6a – point d
(d) The Union industry may rely on the reports referred to in point (c)aragraph 6c for the calculation of normal value when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11. or in a request for a reinvestigation in accordance with Article 12. Reports on countries referred to in paragraph 6a(b) shall constitute sufficient evidence to justify the calculation of normal value in the complaint or request on the basis of the methodology described in paragraph 6a(a). Reports on countries referred to in paragraph 6b shall constitute sufficient evidence to justify the calculation of normal value in the complaint or request on the basis of the methodology described in paragraph 6b. Further, where a significant portion of the complaining Union industry is made up of SMEs, the normal value calculations in the complaint or request can be based on information related to costs of production in the EU of the product concerned.
Amendment 78 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point e
Article 2 – paragraph 6a – point e
(e) The parties to the investigation shall be informed shortly after initiation about the relevant sources that the Commission intends to use for the purpose of point aragraph 6a(a) and shall be given 10 days to comment. For this purpose, interested parties shall be given access to the file, including any evidence on which the investigating authority relies, without prejudice to Article 19. A disclosure regarding the methodology to be used shall be communicated to the parties no later than three months from initiation of the investigation.
Amendment 99 #
2016/0351(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
This Regulation shall enter into force on the later of : - the day following that of its publication in the Official Journal of the European Union, and - the day following the adoption of the Commission services reports concerning the non - market economy countries as indicated in article 2 point 6 paragraph b.
Amendment 105 #
2016/0325(COD)
Proposal for a decision
Recital 27
Recital 27
(27) Upon request from the Commission, the PRIMA-IS and the Participating States should submit, in a harmonised format, any information the Commission needs to include in the reports on the evaluation of PRIMA.
Amendment 180 #
2016/0288(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses, in particular small and medium-sized enterprises, on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas.
Amendment 24 #
2016/0287(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission Communication of 14 September 2016 entitled “Connectivity for a Competitive Digital Single Market – Towards a European Gigabit Society”, setting out a European vision of Internet connectivity for citizens and business in the Digital Single Market14, describes a number of possible measures capable of enhancing connectivity in the European Union. _________________ 14 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Connectivity for a Competitive Digital Single Market - Towards a European Gigabit society (COM(2016)587).
Amendment 26 #
2016/0287(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Amongst measures to support the vision of European connectivity, it promotes the deployment of local wireless access points through simplified planning procedures and reduced regulatory obstacles. Such access points including those ancillary to the provision of other public services or non-commercial in character, can make an important contribution to the improvement of current and the deployment of future generations of wireless communications networks by facilitating more granular coverage in line with evolving needs. These access points can form a network with a authentication system that is valid throughout the territory of the European Union, and other free local wireless connectivity networks can join the system. The network must not allow the data to be used for commercial purposes.
Amendment 33 #
2016/0287(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Following the Communicationission Communication of 14 September 2016 setting out a European vision of Internet connectivity for the Digital Single Market and in order to promote digital inclusion, the Union should support the provision of free local wireless connectivity in the centres of local public life, including outdoor spaces accessible to the general public, through targeted support. Such support is so far not covered by Regulations (EU) No 1316/201315 and (EU) No 283/201416 . _________________ 15 Regulation (EU) No 1316/20136 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010, OJ L 348, 20.12.2013, p. 129, as last amended by Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015, OJ L 169, 1.7.2015, p. 1. 16 Regulation (EU) No 283/2014 of the European Parliament and of the Council of 11 March 2014 on guidelines for trans- European networks in the area of telecommunications infrastructure and repealing Decision No 1336/97/EC, OJ L 86, 21.3.2014, p. 14.
Amendment 37 #
2016/0287(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Support of this kind should encourage entities with a public mission such as public authorities and providers of public servicpublic sector bodies to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high-speed broadband in the centres of public life. Such entities could include municipalities and other local public author, particularly in rural areas that do not benefit from any similar free public or private offers. Such bodies could include municipalities, a group of municipalities and other local public authorities, cultural spaces, museums, schools and universities, libraries and, hospitals and health centres.
Amendment 53 #
2016/0287(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) LIn the context of this Regulation, local wireless connectivity should only qualify as free where it is provided without corresponding remuneration, whether by direct payment or other types of consideration, including, but not limited to, commercial advertising and the provision of personal data for commercial purposes.
Amendment 61 #
2016/0287(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Rural coverage of the new access networks (NAN) is still significantly lower than urban coverage, and only 28% of rural homes are covered by a fast fixed internet connection.
Amendment 65 #
2016/0287(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Given the non-commercial nature of this intervention and the small scale of individual projects foreseen, the administrative burden should be limited to a minimum. Therefore, the intervention should be implemented by the most appropriate forms of financial assistance, notably grants, for example in the form of vouchers or loans, available under the Financial Regulation, now or in future. The intervention should not rely on financial instruments.
Amendment 67 #
2016/0287(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Given that the amount of financial assistance awarded to each applicant is small, but that the total number of potential applicants is large, administrative procedures should be streamlined so that decision-making is quick and effective. The CEF Regulation should therefore be amended in order to enable Member States to approve categories of proposals under this Regulation, in accordance with the criteria set out in Section 4, rather than having to give their agreement to individual applicants, and to stipulate that certification of the expenditure and the annual forwarding of information to the Commission are not mandatory for grants awarded pursuant to this Regulation.
Amendment 70 #
2016/0287(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Due to the limited reach of any single local wireless access point and the small value of individual projects covered, access points benefitting from financial assistance under this Regulation are not expected to challenge commercial offers. In order to further ensure that such financial assistance does not unduly distort competition, crowd out private investments or create disincentives for private operators to invest, the intervention should be limited to projects that do not duplicate already existing private or public offers of similar characteristics in the same area. This should not exclude additional support to deployments under this initiative from public or private sources of funding., nor should it prohibit the setting of limits in the terms of use, which may, for instance, require that connectivity be provided for a limited period of time only, restrict access to certain websites or limit data usage to a reasonable level in order to guarantee a good connection and to prevent misuse;
Amendment 86 #
2016/0287(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Given Internet connectivity needs within the Union and the urgency of promoting access networks that can deliver, throughout the EU, an Internet experience of high quality based on very high- speed broadband services, and at the same time contribute to achieving the objectives of the European Gigabit Society, financial assistance should seek to attain a geographically balanced distribution and help to address the digital divide.
Amendment 87 #
2016/0287(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Given Internet connectivity needs within the Union and the urgency of promoting access networks that can deliver, throughout the EU, an Internet experience of high quality based on very high-speed broadband services, financial assistance should seek to attain a geographically balanced distribution, focussing on the most isolated and the least developed areas in terms of connectivity.
Amendment 95 #
2016/0287(COD)
(1a) Where justified by the need to avoid undue administrative burden, in particular in case of low value grants within the meaning of Article 185 of Regulation (EU) No 1286/2012, Member States' agreement may be given to a certain category of proposals under the work programmes pursuant to Article 17, without indicating individual applicants. An agreement of that type obviates the need for Member States to approve the proposal made by each individual applicant.
Amendment 105 #
2016/0287(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Regulation (EU) No 283/2014
Annex – section 4 – paragraph 2
Annex – section 4 – paragraph 2
Financial assistance shall be available to entities with a public mission such as local authorpublic sector bodies, as defined in Article 3(1) of the Directive on the accessibility of the websities and providermobile applications of public servicctor bodies, undertaking to provide free local wireless connectivity through the installation of local wireless access points.
Amendment 108 #
2016/0287(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Regulation (EU) No 283/2014
Annex – section 4 – paragraph 3 – point 1
Annex – section 4 – paragraph 3 – point 1
(1) are implemented by an entity with a public mission public sector body capable of planning and supervising the installation, and of ensuring the financing of operating costs, of indoor or outdoor local wireless access points in public spaces;
Amendment 110 #
2016/0287(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Regulation (EU) No 283/2014
Annex – section 4 – paragraph 3 – point 2
Annex – section 4 – paragraph 3 – point 2
(2) build on very high-speed broadband connectivity enabling delivery of high quality Internet experience to users that
Amendment 114 #
2016/0287(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Regulation (EU) No 283/2014
Annex – section 4 – paragraph 4
Annex – section 4 – paragraph 4
Projects duplicating already existing free private or public offers of similar characteristics, including quality, in the same area shall not be covered.
Amendment 123 #
2016/0287(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Regulation (EU) No 283/2014
Annex – section 4 – paragraph 5 a (new)
Annex – section 4 – paragraph 5 a (new)
Member States may allocate their own resources or resources from the European Structural and Investment Funds to develop complementary and similar services and offers that boost the number and sustainability of projects;
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 82 #
2016/0224(COD)
Proposal for a regulation
Recital 39a
Recital 39a
(39a) In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who do not qualify for international protection in the Union is not unduly prolonged, including those who are nationals of third countries exempt from the requirement to be in a possession of a visa pursuant to Regulation (EU) No 2018/1806, Member States should accelerate the examination of applications of applicants who are nationals or, in the case of stateless persons, formerly habitual residents of a third country for which the share of decisions granting international protection is lower than 240% of the total number of decisions for that third country. Where a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data and taking into account the guidance note pursuant to Article 10 of Regulation XX/XX on the European Asylum Agency, or where the applicant belongs to a specific category of persons for whom the low recognition rate cannot be considered as representative of their protection needs due to a specific persecution ground, examination of the application should not be accelerated. Cases where a third country may be considered as a safe country of origin or a safe third country for the applicant within the meaning of this Regulation should remain applicable as a separate ground for respectively the accelerated examination procedure or the inadmissible procedure.
Amendment 101 #
2016/0224(COD)
Proposal for a regulation
Recital 40a
Recital 40a
(40a) The purpose of the border procedure for asylum and return should be to quickly assess at the external borders whether applications are unfounded or inadmissible and to swiftly return those with no right to stay, while ensuring that those with well-founded claims are channelled into the regular procedure and provided quick access to international protection. Member States should therefore be able to require applicants for international protection to stay at the external border or in a transit zone in order to assess the admissibility of applications. In well-defined circumstances, Member States should be able to provide for the examination of the merits of an application and, in the event of rejection of the application, for the immediate return of the third- country nationals and stateless persons concerned at the external borders.
Amendment 109 #
2016/0224(COD)
Proposal for a regulation
Recital 40b
Recital 40b
(40b) Member State should assess applications in a border procedure where the applicant is a danger to national security or public order, where the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision and where it is likely that the application is unfounded because the applicant is of a nationality for whom decisions granting international protection is lower than 240% of the total number of decisions for that third country. In other cases, such as when the applicant is from a safe country of origin or a safe third country, the use of the border procedure should be optional for the Member States.
Amendment 121 #
2016/0224(COD)
Proposal for a regulation
Recital 40d
Recital 40d
Amendment 137 #
2016/0224(COD)
Proposal for a regulation
Recital 40e
Recital 40e
(40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks. This deadline should be understood as a stand-alone deadline for the asylum border procedure, encompassing both the decision on the examination of the application as well as the appeal decision of the first level of appea, at a single level, if applicable. Within this period, Member States are entitled to set the deadline in national law both for the administrative and for the appeal stage, but should set them in a way so as to ensure that the examination procedure is concluded and that subsequently, if relevant, the decision on the first level of appeal, appeal included, is issued within this maximum 12 weeks. After that period, if the Member State nevertheless failed to take the relevant decisions, the applicant should in principle be authorised to enter the territory of the Member State. Entry into the territory should however not be authorised where the applicant has no right to remain, where he or she has not requested to be allowed to remain for the purpose of an appeal procedure, or where a court or tribunal has decided that he or she should not be allowed to remain pending the outcome of an appeal procedure. In such cases, to ensure continuity between the asylum procedure and the return procedure, the return procedure should also be carried out in the context of a border procedure for a period not exceeding 12 weeks. This period should be counted starting from the moment in which the applicant, third-country national or stateless person no longer has a right to remain or is no longer allowed to remain.
Amendment 149 #
2016/0224(COD)
Proposal for a regulation
Recital 40 h
Recital 40 h
(40h) When applying the border procedure for carrying out return, certain provisions of the [recast Return Directive] should apply as these regulate elements of the return procedure that are not determined by this Regulation, notably those on definitions, more favourable provisions, non-refoulement, best interests of the child, family life and state of health, risk of absconding, obligation to cooperate, period for voluntary departure, return decision, removal, postponement of removal, return and removal of unaccompanied minors, entry bans, safeguards pending return, detention, conditions of detention, detention of minors and families and emergency situations. To reduce the risk of unauthorised entry and movement of illegally staying third-country nationals subject to the border procedure for carrying out return, a period for voluntary departure not exceeding 15 days may be granted to illegally staying third-country nationals, without prejudice for the possibility to voluntarily comply with the obligation to return at any moment.
Amendment 171 #
2016/0224(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) For an applicant to be able to exercise his or her right to an effective remedy against a decision rejecting an application for international protection, all effects of the return decision should be automatically suspended for as long as the applicant has the right to remain or has been allowed to remain on the territory of a Member State. To improve the effectiveness of procedures at the external border, while ensuring the respect of the right to an effective remedy, appeals against decisions taken in the context of the border procedure should take place only before a single level of jurisdiction of a court or tribunal.
Amendment 176 #
2016/0224(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) Applicants should, in principle, have the right to remain on the territory of a Member State until the time-limit for lodging an appeal before a court or tribunal of first instance expires, and, where such a right is exercised within the set time-limit, pending the outcome of the appeal. It is only in the limited cases set out in this Regulation, where applications are likely to be unfounded, that the applicant should not have an automatic right to remain for the purpose of the appeal. To avoid possible misuse of rights and procedures, a maximum period not exceeding two days should be granted to appeal to a court or tribunal against a return decision.
Amendment 282 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
Amendment 419 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 4 a (new)
Article 41 a – paragraph 4 a (new)
4a. A period for voluntary departure cannot be granted where it has been assessed that third-country nationals pose a risk of absconding, have had a previous application for legal stay dismissed as fraudulent, manifestly unfounded or inadmissible, or they pose a risk to public policy, public security or national security.
Amendment 501 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The effects of a return decision shall not be automatically suspended for as long as an applicant has a right to remain or is allowed to remain in accordance with this Article.
Amendment 132 #
2016/0223(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of rights is available for those persons in all Member States. Clarifying the criteria for identifying persons genuinely in need of international protection should also enable persons who are not entitled to such protection to be deported more efficiently and systematically.
Amendment 147 #
2016/0176(COD)
Proposal for a directive
Recital 5
Recital 5
(5) An EU-wide admission system to attract and retain highly skilled workers into the Union and promote mobility should be created. Member States should issue an EU Blue Card instead of a national permit to all applicants falling within the scope of this Directive. Member States should retain the right to issue permits other than EU Blue Card for any purpose of employment to third-country nationals who fall outside of the scope of this Directive, subject to the limitations following from other directives in the area of labour migration.
Amendment 62 #
2016/0132(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) A common policy on asylum, including a Common European Asylum System, is a constituent part of the European Union's objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances,se personal situation makes them eligible to seek international protection in the Union.
Amendment 76 #
2016/0132(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The return of third-country nationals who do not have a right to stay in the Union, in accordance with fundamental rights as general principles of Union law as well as international law, including refugee protection and human rights obligations, and in compliance with the provisions of Directive 2008/115/EC26 , is an essential part of the comprehensive efforts to address migration and, in particular, to reduce and deter irregular migration. TIt is essential to increase the effectiveness of the Union system to systematically return illegally staying third- country nationals is needed in order to maintain public trust in the Union migration and asylum system, and should go hand in handmust be tied in with the efforts made to protect those in need of protection, who are among the first to suffer the effects of illegal immigration. _________________ 26 Directive of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24,12,2008, p. 98.
Amendment 115 #
2016/0132(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should ensure the transmission of fingerprint and facial image data of an appropriate quality for the purpose of comparison by means of the computerised fingerprint and facial recognition system. All authorities with a right of access to Eurodac should invest in adequate training and in the necessary technological equipment. The authorities with a right of access to Eurodac should inform the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council33 ( "eu-LISA" ) of specific difficulties encountered with regard to the quality of data, in order to resolve them. se and to foster common standards. _________________ 33 Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 286, 1.11.2011, p. 1).
Amendment 49 #
2015/2932(RSP)
Paragraph 8
8. Notes that a balanced outcome in agriculture chapters that takes sensitivities duly into account can boost competitiveness and will be beneficial to both consumers and producers; calls for the inclusion of effective bilateral safeguard measures to prevent a surge in imports that would cause, or threaten to cause, serious injury to European producers;
Amendment 253 #
2015/2343(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the projected increase in national defence expenditure to 2 % of EU GDP; highlights that this would mean extra expenditure of nearly EUR 100 billion on defence by the end of the coming decade; considers that this boost should help provide European-level support for defence sector industries and jobs, in particular in small and medium-sized enterprises; considers that this boost should be used to launch more strategic cooperative programmes within and through the Union, by better structuring the demand and supply sides and making both sides more efficient and more effective;
Amendment 9 #
2015/2323(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that the ongoing energy transition is resulting in a move away from a centralised, inflexible, fossil fuel-based energy system to one which is more decentralised, flexible and open to renewables- based;
Amendment 58 #
2015/2323(INI)
Motion for a resolution
Paragraph 3 – point d
Paragraph 3 – point d
d. protect consumers from certain abusive, uncompetitive and unfair practices by suppliers and enable them to fully exercise their rights;
Amendment 115 #
2015/2323(INI)
Motion for a resolution
Paragraph 6 – point a
Paragraph 6 – point a
a. Recommends improving the transparency and clarity of bills, which should include information on the final price, with an explanation of the different taxes, levies and tariffs, together with information on the different energy sources and complaint handling, clear indication of contact points, and information on switching and energy efficiency measures; insists that clear language must be used, with technical terms either avoided or clearly explained; requests the Commission to identify minimum standards in this respect;
Amendment 147 #
2015/2323(INI)
Motion for a resolution
Paragraph 6 – point b
Paragraph 6 – point b
b. Recommends that consideration be given to requiring energy bills to include comparisons of offers in order to enable all domestic and business consumers, even those without internet access or skills, to see whether they could save money by switching; believes that peer-based comparisons should also be included in bills to help reduce energy use;
Amendment 202 #
2015/2323(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists that the provisions on switching, as set out in the Third Energy Package, should be fully implemented by Member States, and that national legislation must guarantee consumers the right to change suppliers in a quick, easy and cost-free way, with no termination fees or penaltiesquickly and easily;
Amendment 238 #
2015/2323(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that local authorities, communities and individuals should form the backbone of the energy transition and should be actively supported to help them become energy producers and suppliers on an equal footing with other players;
Amendment 299 #
2015/2323(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recommends reducing to an absolute minimum the administrative barriers to new self-generation capacity, and suggests replacing lengthy authorisation procedures with a simple notification requirementshortening and simplifying authorisation procedures; suggests that the revision of the renewable energy directive could include specific provisions to remove barriers and promote community/cooperative energy schemes;
Amendment 333 #
2015/2323(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that consumers should have easy and timely access to their consumption data in both volume and monetary terms, to help them make informed decisions; believes that where smart meters are rolled out there should be a solid legal framework to ensure an end to back-billing and a rollout that is efficient and affordable for consumers and is free of charge for, particularly for those who are energy-poor consumers; insists that efficiency savings from smart meters should be shared on a fair basis between grid operators and users;
Amendment 383 #
2015/2323(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 442 #
2015/2323(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Believes that well-targeted social tariffs are vital for low-income, vulnerable citizens, and should therefore be promoted;
Amendment 180 #
2015/2285(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the importance of investments in human capital, especially vocational training, and other social investments;
Amendment 135 #
2015/2257(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls in particular for an evaluation of the 'Youth Guarantee' programme, which gives 18-26 year-olds a grant in exchange for participating in employment and training access measures.
Amendment 111 #
2015/2255(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the number of posted workers in the Union is put at 1.2 million, mainly in the construction (25% of posted workers), services, transport, communication and agriculture sectors;
Amendment 48 #
2015/2234(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points out that the Abu Sayyaf group is accused of carrying out the worst acts of terrorism committed in the Philippines, including deadly bombings such as the attack on a ferry in Manila in 2004 in which more than 100 people were killed;
Amendment 51 #
2015/2223(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to incorporate vocational training targets for women in the country-specific recommendations;
Amendment 290 #
2015/2223(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recalls that the development of a European sector for the exploitation of coalbed methane, known as ‘coal gas’, would constitute a significant tool for lowering energy prices by enabling the production of autochthonous methane, of which Western Europe is a net importer. In Lorraine, the reserves of this gas which is trapped in the coal matrix of deposits that have not been exploited are said to amount to 350 billion cubic metres, i.e. enough to cover French consumption for approximately 9 years;
Amendment 61 #
2015/2222(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that voluntary initiatives implemented by companies in this field improve their image among the general public and their staff; encourages them to report on any activities to promote gender equality in order to help achieve the European objectives, notably by setting a good example;
Amendment 24 #
2015/2220(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points up the importance of women's access to vocational training and university education; calls on the EU Special Representative to encourage Central Asian countries to provide incentives in that area;
Amendment 186 #
2015/2220(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the commitment of Latvia, with the help of Poland, to lead the regional programme on education; regards investment in education as the best way to improve the socio-economic situation of the region; welcomes the fact that there is near parity in the number of females and males completing primary and secondary school education; underlines the importance of women having access to professional training and university education, particularly in Uzbekistan and Tajikistan, where a significant gap still exists between the number of females and males enrolled in tertiary education;
Amendment 27 #
2015/2154(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes that the Shift2Rail Joint Undertaking was established in June 2014; with a view to enhancing the competitiveness of the European rail industry; notes that separate discharge procedures on Shift2Rail JU wouldill be done, once it becomes financially autonomous in the forthcoming years;
Amendment 66 #
2015/2154(DEC)
Draft opinion
Paragraph 19
Paragraph 19
19. Notes that the impact of the Russian import ban on agricultural products, which struck mid-way through 2014, is a major challenge and advocates eliminating the unearned advantages; calls on the Commission to resume dialogue with the Russian authorities in order to find a solution to the mutual sanctions that have a direct impact on the EU agricultural sector;
Amendment 281 #
2015/2113(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to actively pursue the diversification of supply (energy sources, suppliers and routes); to this end, calls on the Commission to promote the construction of the relevant energy infrastructure priority corridors, as specified in Annex I to the trans-European energy networks (TEN-E) regulation and Part II of the Annex I to the Connecting Europe Facility (CEF) regulation, such as the Southern Gas Corridor; calls on the Commission to prioritise the utilisation of indigenous production capacity and energy resources;
Amendment 426 #
2015/2113(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points out that the security of energy supply in the EU, particularly for electricity-intensive industries, depends too on the uninterrupted provision of current; notes that a basic electricity output is needed in order to sustain the highest possible levels of quality and reliability in the EU electricity grid while integrating intermittent supplies from renewable sources; notes that hydroelectricity, bioenergy and nuclear energy are among the available low- emission technologies, and calls on the Commission to take appropriate steps to encourage investment in these forms of energy production;
Amendment 616 #
2015/2113(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that a properly designed future model of the electricity market in the EU must aim at a more market-based and optimal, from the point of view of network security, integration of renewable energy sources, and must encourage incentives for long-term investments in low-carbon technologies;
Amendment 965 #
2015/2113(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Recognises that indigenous energy sources such as nuclear, clean coal technologies and fossil fuels with carbon capture and storage (CCS) would make a fundamental contribution to EU energy security and decarbonisation, with, shale gas and other gases, for example coal seam gas, facilitating the transition to a low- emission economy; believes, in this respect, that the Energy Union must reflect the need for the EU to use all low and lower emission sources at Member States’ disposal;
Amendment 976 #
2015/2113(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Notes that nuclear energy accounts for more than a quarter of the EU’s domestic electricity production and for more than half of carbon-free electricity production; points out that the Euratom Treaty provides the EU with a framework for responsible use of nuclear energy, not least as regards nuclear safety and radioactive waste management;
Amendment 1134 #
2015/2113(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Calls on the Commission to provide an explicit mapping of the different funding and financing instruments, such as the InvestEU programme, Connecting Europe (PCIs), R&D funds, structural funds, smart grid financing instruments (ERA-Net Plus), the Horizon 2020 programme (H2020), the European Investment Bank (EIB), the European Energy Programme for Recovery (EEPR), the Connecting Europe Facility -– Energy (CEF-E), NER 300, the Research Fund for Coal and Steel (RFCS), and Eurogia+, and to clarify the eligibility rules for each of these programmes, while taking into account the technology neutral approach; calls on the Commission to aim to provide more balanced support and spending throughout the EU to avoid creating a technological rift between regions;
Amendment 89 #
2015/2109(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the positive role of environmental labelling in the seafood products sector, which enables consumers to contribute to the sustainability of resources and the preservation of marine biodiversity, whilst making an informed choice;
Amendment 43 #
2015/2105(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that China's gaining market economy status would under the current conditions make it more difficult to launch anti-dumping procedures directed at Chinese exports;
Amendment 67 #
2015/2105(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission, given the EU’s reliance on foreign energy supplies, to promote the diversification of energy suppliers, routes and sources through the development of renewables and the exploitation of indigenous conventional resources, as well as promoting energy efficiency;
Amendment 60 #
2015/2095(INI)
Motion for a resolution
Recital B
Recital B
B. whereas according to Frontex data1 , in the first eleven months of 2015, 1.55 million persons were detected while attempting to cross irregularly the EU’s external borders, setting an unprecedented record compared to the 282 000 migrants who arrived in the EU in the course of the whole 2014; and whereas, according to IOM/UNICEF data, around 20 % of all migrants arriving by sea are children2 and, according to UNHCR figures, 57% of them are men; __________________ 6 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. 5 Frontex news, http://frontex.europa.eu/news/number-of- migrants-arriving-in-greece-dropped-by- half-in-november-cITv3V.
Amendment 69 #
2015/2095(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in 2015, over 3.771 persons arethe International Organisation for Migration reported the deadth or mdissingappearance of more than 3 770 people in the Mediterranean sea in 2015, and, according to the International Organisation for Migration4; UNHCR, there have been more than 400 deaths and disappearances in January and February 2016 alone;8 __________________ 8 IOM, Missing Migrants Project, http://missingmigrants.iom.int/.
Amendment 165 #
2015/2095(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas the European Union lend its support to Lebanon and Jordan in their crucial efforts to help refugees fleeing war in Syria remain close to their native region;
Amendment 45 #
2015/2063(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas the terrorist threat is significant in the European Union, particularly in the countries that have been or are still militarily engaged in overseas operations in the Middle East and Africa
Amendment 100 #
2015/2063(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas certain Internet usage is conducive to radicalisation, enabling fanatics throughout the world to connect with each other and recruit vulnerable individuals without any physical contact whatsoever and in a manner that is difficult to trace.
Amendment 262 #
2015/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Feels that the internet giants should be made aware of their responsibilities so that they block and 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;
Amendment 500 #
2015/2063(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Is convinced that the measures aimed at preventing the radicalisation of European citizens and their recruitment by terrorist organisations will not be fully effective until they are accompanied by an uniformly effective and dissuasive range of criminal justice measures in all Member States; feels that, through effectively criminalising terrorist acts and other actions carried out abroad with terrorist organisations, the Member States will equip themselves with the tools needed to eliminate radicalisation among European citizens;
Amendment 118 #
2015/0148(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partiallymust compensate, in accordance with state aid rules and on an equal basis, irrespective of geographical location, certain installations in sectors or sub- sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices. Auction revenues should be used first and foremost to provide compensation in respect of that risk. The Protocol and accompanying decisions adopted by the Conference of the Parties in Paris need to provide for the dynamic mobilisation of climate finance, technology transfer and capacity building for eligible Parties, particularly those with least capabilities. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues should also be used for climate financing actions in vulnerable third countries, including adaptation to the impacts of climate. The amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed Intended Nationally Determined Contributions (INDCs), subsequent investment plans and national adaptation planning processes. Member States should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 202 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
2003/87/EC
article 10
article 10
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 57 %; this shall include allowances allocated to innovation funds.
Amendment 220 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – subparagraph 2a (new)
Article 1 – paragraph 1 – point 4 – point a – subparagraph 2a (new)
2003/87/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
Allowances which have not been allocated, including those stalled in the market stability reserve, shall be placed in the new entrants reserve in phase IV.
Amendment 720 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
2003/87/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
A list of installations covered by this Directive for the fivetwo years beginning on 1 January 2021 shall be submitted by 30 September 2018, and lists for the subsequent fivetwo years shall be submitted every fivetwo years thereafter. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the fivetwo calendar years preceding its submission. Free allocations shall only be given to installations where such information is provided.
Amendment 170 #
2015/0009(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to allow for further increase in its resources, participation in the EFSI should be open to third parties, including Member States, national promotional banks or public agencies owned or controlled by Member States, their local authorities, private sector entities and entities outside the Union subject to the consent of existing contributors. Third parties may contribute directly to the EFSI and take part in the EFSI governance structure.
Amendment 249 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The EFSI Agreement shall be open to accession by Member States. Subject to the consent of existing contributors, the EFSI Agreement shall also be open to accession by other third parties, including national promotional banks or public agencies owned or controlled by Member States, their local authorities and private sector entities.
Amendment 104 #
2014/2256(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that any legislative change in this area should ensure accessibilitybetter access for all, and in particular for people with disabilities, to products and services protected by copyright and related rights;
Amendment 107 #
2014/2256(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that any changes to legislation in this field must help improve security of remuneration for copyright holders and the balance of the European cultural economy;
Amendment 152 #
2014/2249(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the refugee crisis has exposedshown the need for a common asylum and immigration policy, which should provide as well for a fair distribution of asylum seekers across the Europeanthe genuine protection of the Union's external borders, an essential condition for ensuring the freedom of movement and security of European citizens within the Union;
Amendment 26 #
2014/2245(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that austerity measures in several European countries are having a negativethe reforms implemented with a view to the necessary recovery of public finances, which is the basis for guaranteed long-term growth creating many jobs, can have a short-term impact on industrial structures, resulting in a postponement of or fall-off in investment and more difficult access to credit for manufacturers;
Amendment 43 #
2014/2245(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that all the new projects and investments promoted by EU funds should have an employment clause that includes the obligation to create new and non- precarious jobscome accompanied by clauses to promote local employment;
Amendment 66 #
2014/2245(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for more social and public investments, without which it will be impossible to reach the target of raising industry’s contribution to GDP to as much as 20 % by 2020; recalls that all investments and projects should enhance environmental protection. recalls also that it would not be possible to finance all these investments and projects solely on credit or to allow them to compromise schedules for the reduction of public debt and deficits;
Amendment 80 #
2014/2245(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for an inclusive industrial strategy that will tackle unemployment and secure more growth, more jobs with enhanced workers’ rightssocial dialogue, and access to public health and education as one of the means of achieving the economic, social and territorial cohesion that is needed in the EU; considers that the ultimate goal should be sustainable development and a high quality of life, together with prosperity and decpersonal development wfork for everyon all, through both work and private life.
Amendment 50 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Requests that the Commission ensure a policy of free trade with respect to fuels, including LNG and crude oil;(Does not affect the English version)
Amendment 89 #
2014/2228(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points to the huge differentials between the USA and the EU in energy prices but also in the intensity of their respective efforts to combat climate change and curb per capita CO2 emissions; calls on the Commission, therefore, for as long as there is no harmonisation of these efforts, to provide energy-intensive sectors in the EU, including the chemicals industry, with appropriate measures maintaining current tariff rates over the longest possible period after the entry into force of the TTIPprotection measures so that competition is not distorted when the TTIP agreement comes into force; calls, in particular, for the tariff rates applicable to US-made products to be maintained for an indefinite period at the level they are at when the TTIP agreement comes into force;
Amendment 51 #
2014/2210(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that family businesses demonstrate a high degree of social responsibility towards their staff and that they generally take a more sustainable and longer-term approach to the economic future of the business (by acting as ‘honourable businessmen’) than non- family businesses and thus make an important contribution to Europe’s competitiveness and create and maintain jobs; observes that for example the association ‘the Henokiens’ has a membership comprising 44 family businesses in Europe and Japan which are two centuries old, and characterises the concept of durability of family businesses while promoting dynamism and modernity;
Amendment 90 #
2014/2210(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States, with this in mind, to ensure that national rules on the taxation of inheritance and gifts and on corporate taxation do not discriminate against equity financing which is so vital for family businesses; points out, in this connection, that in Hungary inheritance tax on business assets has been abolished; notes that, in France, change of ownership of undertakings has been facilitated by the Dutreil Pact, established in 2005, which permits partial exemption from registration duty (75%) when shares are transferred free of charge (as a gift or upon death);
Amendment 104 #
2014/2210(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that 35% of those companies that do not invest in foreign markets fail to do so because of their lack of knowledge of foreign markets; calls on the Commission and the Member States therefore to provide smaller family businesses in particular with information about opportunities for internationalisation and ensure that they have access to a better exchange of experience and good practices; calls on the Member States, furthermore, to provide support services for businesses that intend to invest internationally, for example by providing them with information or export credit guarantees and by removing trade barriers;Does not affect the English version.
Amendment 153 #
2014/2210(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to commission studies that analyse the importance of ownership for the success and survival of a business and highlight the specific challenges facing family businesses; calls on the Commission also to collect enough data on family businesses in the various Member States both to allow a comparison of the situation of family businesses and to promote exchanges of examples of good practices;Does not affect the English version.
Amendment 15 #
2014/2209(INI)
Motion for a resolution
Recital B
Recital B
B. whereas at the moment, the global market for environmental goods and services is estimated at EUR 1 000 billion per year, and it is estimated that this amount will double or even triple by 2020, creating tremendous opportunities for Europe’s SMEs and economic growth in general in the EU;
Amendment 162 #
2014/2209(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that developing entrepreneurship skills and programmes to learn how the market, the economy and the financial system operate, function and interact, along with environmental awareness, should be included in basic education systems, and also in higher education and then in lifelong learning; believes that a well prepared business plan is the first step towards better access to finance and viability; calls on the Commission and the Member States to include financial education in their education programmes without delay; supports in this connection the ‘Erasmus for Young Entrepreneurs’ programme, designed to promote an entrepreneurial culture and develop the single market and competitiveness;
Amendment 182 #
2014/2209(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that female entrepreneurship is an untapped resourceasset as yet insufficiently exploited for the growth and competitiveness of the EU, which should be fostered and strengthened, and that all the obstacles facing women in the labour market should be removed;
Amendment 92 #
2014/2208(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses the role of environmental tax reform (switching taxation away from labour and towards pollution and resourcesthe consumption of polluting resources, in accordance with the ‘polluter pays’ principle) in providing the right signals for investment in resource efficiency, and calls for progress in this area to be pursued by the Member States as part of the European Semester process;
Amendment 387 #
2014/2153(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that it should be possible for any energy source that might contribute to energy security in the Union should be taken into account andto be the subject of a resource assessment that makes use of mapping, and of research and experimentation with a view to its developedment, in full compliance with environmental requirements;
Amendment 400 #
2014/2153(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that nuclear energy, which is carbon-neutral, continues to be a significant alternative forn important means of electricity production; notes that the choice of whether to use nuclear energy remains the competence of Member States;
Amendment 505 #
2014/2153(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Points out that energy companies, from SMEs to large groups, are of strategic importance and their development must be supported;
Amendment 722 #
2014/2153(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Expresses the opinion that Russia can no longer be considered a reliable partner as it explicitly questions EU law, including at the World Trade Organisation, and uses energy supply for political purposesthe EU must learn from past energy crises with Russia; stresses, therefore, that more attention should be concentrated on the development and further expansion of the gas supply infrastructure with Norway, the Southern Gas Corridor and the Mediterranean gas hub;
Amendment 19 #
2014/0011(COD)
Proposal for a decision
Recital 2
Recital 2
(2) The report from the Commission to the European Parliament and the Council on the state of the European carbon market in 21027 identified the need for measures in order to tackle structural supply-demand imbalances. The impact assessment on the 2030 climate and energy policy framework8 indicates that this imbalance is expected to continue, and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within this framework. A change in the linear factor only changes gradually the cap. Accordingly, the surplus would also only gradually decline, such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more. In order to address this problem and to make the European Emission Trading System more resilient to imbalances, a market stability reserve should be established. To ensure regulatory certainty as regards auction supply in phase 3 and allow for some lead-time adjusting to the introduction of the design change, the market stability reserve should be established as of phase 4 starting in 2021. In order to preserve a maximum degree of predictability, clear rules should be set for placing allowances into the reserve and releasing them from the reserve. Where the conditions are met, beginning in 2021, allowances corresponding to 120% of the number of allowances in circulation in year x-21 should be put into the reserve. A corresponding number of allowances should be released from the reserve when the total number of allowances in circulation is lower than 4500 million. __________________ 7 8COM(2012)652 final. COM(2012)652. 8 Insert reference. Insert reference.
Amendment 32 #
2014/0011(COD)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) The European Council conclusions of 23 and 24 October 2014 on the 2030 Climate and Energy Policy Framework give clear guidance on the continuation of free allocations and carbon leakage provisions after 2020, stating that "the most efficient installations in the sectors at risk of losing international competitiveness should not face undue carbon costs leading to carbon leakage" and that "future allocations will ensure better alignment with changing production levels in different sectors" and "at the same time, incentives for industry to innovate will be fully preserved and administrative complexity will not be increased." The conclusions further underline that both direct and indirect costs for the respective industry sectors will be taken into account as well as the need for affordable energy prices. It is of paramount importance that the Commission reviews the functioning of Directive 2003/87/EC in that respect.
Amendment 38 #
2014/0011(COD)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) Implementation of this proposal concerning the establishment of a market stability reserve ought to be followed up by a revision of Directive 2003/87/EC so as to take the sectors concerned by carbon leakage into account.
Amendment 76 #
2014/0011(COD)
Proposal for a decision
Article 1 – paragraph 3
Article 1 – paragraph 3
3. In each year beginning in 2021, a number of allowances equal to 120% of the total number of allowances in circulation in year x-21, as published in May year x-1, shall be placed in the reserve, unless this number of allowances to be placed in the reserve would be less than 100 million.
Amendment 115 #
2014/0011(COD)
Proposal for a decision
Article 2 a (new)
Article 2 a (new)
Article 2a Review of Directive 2003/87/EC By ...*, the Commission shall review Directive 2003/87/EC, taking into account the conclusions of the European Council of 23 and 24 October 2014, in particular with regard to carbon leakage provisions and the continuation of free allocations, better reflecting changing production levels and incentivising the most efficient performance taking into account direct and indirect carbon costs, and if appropriate shall, in accordance with the ordinary legislative procedure, submit a proposal to the European Parliament and the Council. ________________ * OJ: Please, insert the date: six months from the entry into force of this Decision.
Amendment 118 #
2014/0011(COD)
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 126 #
2014/0011(COD)
Proposal for a decision
Article 3
Article 3
By 31 December 2026, the Commission shall on the basis of an analysis of the orderly functioning of the European carbon market review the market stability reserve and submit a proposal, where appropriate, to the European Parliament and to the Council. The review shall pay particular attention to the percentage figure for the determination of the number of allowances to be placed into the reserve according to Article 1(3) and the numerical value of the threshold for the total number of allowances in circulation set by Article 1(4). The review shall also focus on the direct and indirect consequences for the competitiveness of enterprises in Europe and the impact on employment.
Amendment 130 #
2014/0011(COD)
Proposal for a decision
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
It shall be applicable from the date of the entry into force of a proposal for a directive amending Directive 2003/87/EC with implementation of the 2030 framework for climate and energy in mind.
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 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 461 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a – introductory part
Article 6 – paragraph 2 – point a – introductory part
(a) once, 24 to 48 hours before the scheduled time for flight departure;
Amendment 469 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may permit air carriers and non-carrier economic operators to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 476 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers and non-carrier economic operator shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime.
Amendment 485 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considersand to Europol where any elements indicate such a transfer to be necessaryhelpful for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. The Passenger Information Units of the receiving Member States shallmay transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities through using their Passenger Information Unit and using Europol's existing Secure Information Exchange Network Application (SIENA).
Amendment 492 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1),and have not yet been masked out and, if necessary, also the result of theany processing of PNR data. Thethereof, if it has already been prepared pursuant to Article 4(2)(a). The duly reasoned request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b)ossible.
Amendment 501 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in responhave been already masked out. The Passenger Information Unit shall only provide the full PNR data where it is reasonably believed that it is necessary for the purpose of Article 4(2)(b) and only when authorised to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crimedo so by an authority competent under Article 9(3).
Amendment 512 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious threat to public securitywhen necessary in cases of emergency and under the conditions laid down in paragraph 2 and 3 may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. The requests from the competent authorities, a copy of which shall always be sent to the Passenger Information Unit of the requesting Member State, shall be reasoned. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
Amendment 524 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious crime or to prevent an immediate and serious threat to public security, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter’s territory at any time.
Amendment 536 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 539 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
6b. Member States shall ensure that their Passenger Information Unit's, in order to fulfil their tasks as laid down in Article 4(2)(c), co-operate in the application of state-of-the-art technologies through Europol using technologies that shall allow Passenger and Europol to combine their data with that of other Passenger Information Unit's by ensuring full protection of personal data with the aim of analysing the data pursuant to Article 4(2)(c).
Amendment 545 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and in duly reasoned request based on sufficient evidence and if:
Amendment 554 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilled,transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences, the prevention of immediate and serious threats to public security or the execution of criminal penalties;
Amendment 562 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
(ab) the Member State from which the data were obtained has given its consent to transfer in compliance with its national law;
Amendment 565 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a c (new)
Article 8 – paragraph 1 – point a c (new)
(ac) the third country or international body concerned ensures an adequate level of protection for the intended data processing;
Amendment 612 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers and non- carrier economic operators to the Passenger Information Unit are retained in a database at the Passenger Information Unit for a period of 30 day6 months after their transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 628 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 day6 months after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fiseven years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymisedmasked out PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution.
Amendment 629 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 daysix months after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fiseven years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymisedmasked out PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit and by a limited number of authorised and individually designated persons for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution.
Amendment 634 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
Re-identification of masked out PNR data and access to the full PNR data shall be permitted only by the Data Protection Officer for the purposes of Article 4(2)(b) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk related to terrorist offences or a specific investigation or prosecution related to a crime listed in Article 2.1 or the prevention of an immediate and serious threat to public security.
Amendment 659 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted permanently upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 675 #
2011/0023(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Penalties against air carriers and non- carrier economic operators
Amendment 679 #
2011/0023(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers and non-carrier economic operators which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this Directive.
Amendment 687 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Each Passenger Information Unit shall appoint a Data Protection Officer in order to ensure compliance with existing national and Union data protection law and fundamental rights; that person shall be trained and qualified to a high standard in data protection law.
Amendment 689 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHA regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive. Air carriers which collect contact details for passengers who have booked their flights through a travel agency or other travel intermediary shall be prohibited from using those data for marketing purposes.
Amendment 702 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. All processing of PNR data by air carriers and non-carrier economic operators, all transfers of PNR data by Passenger Information Units and all requests by competent authorities or Passenger Information Units of other Member States and third countries, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities and the Data Protection Officer. These logs shall be kept for a period of fiseven years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those fiseven years, in which case the logs shall be kept until the underlying data are deleted.
Amendment 704 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Those persons who operate security controls, who access and analyse the PNR data, and who operate the data logs, must be security cleared and security trained.
Amendment 713 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited. Any wrong conduct should be sanctioned.
Amendment 776 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 781 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within fourseven years after the date mentioned in Article 15(1). Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the length of the data retention period and the quality of the assessments. It shall also contain the statistical information gathered pursuant to Article 18.