2551 Amendments of Ska KELLER
Amendment 1 #
2023/2030(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to the European Commission proposal of 22 June 2022 for a regulation on nature restoration ((COM(2022) 304 final),
Amendment 2 #
2023/2030(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
– Having regard to the European Parliament resolution of 9 June 2021 on the EU Biodiversity Strategy for 2030: Bringing nature back into our lives (2020/2273(INI)),
Amendment 4 #
2023/2030(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Eel Regulation lays down amongst others an obligation for Member States to develop national Eel Management Plans (EMP), with a uniform action targetobjective and an internationally coordinated, triannual monitoring and evaluation process, as well as obligations to reduce fishing effort;
Amendment 7 #
2023/2030(INI)
Motion for a resolution
Recital E
Recital E
E. whereas distributed control under central coordination is a feature of the Eel Regulation; whereas eel stock management is too complex for a one- size-fits-all approach; whereas the Eel Regulation gives flexibility to Member States to adjust their national EMPs to local circumstances and national priorities to the extent that does not undermine the objective of stock recovery;
Amendment 9 #
2023/2030(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the Commission evaluated whether the Eel Regulation was fit for purpose in 2020, concluding that it was relevant and fit for purpose, while adding that further ambition was needed to implement the Regulation with a greater focus on non-fisheries related measures; whereas the Commission noted that despite progress in reducing fishing effort and a concerted attempt to develop a pan- EU management framework, the status of the European eel remains critical;
Amendment 10 #
2023/2030(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the European eel is listed as ‘critically endangered’ under the IUCN Red List; whereas the recovery of the stock is still far from certain; whereas it is widely recognised that the recovery of the European eel will take many decades, given the long life-span of the species;
Amendment 11 #
2023/2030(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas the Commission proposal for a nature restoration law proposed the restoration of the natural connectivity of rivers and natural functions of the related floodplains, including the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the Union by 2030;
Amendment 12 #
2023/2030(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas the European Parliament requested in its 2021 resolution the inclusion in the nature restoration plans for the restoration of at least 25 000 km of free-flowing rivers in the EU through the removal of barriers and the restoration of floodplains;
Amendment 14 #
2023/2030(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission and the Member States to makeintain the Eel Regulation as the core policy for eel protection once againthe recovery of eel stocks, ensuring a holistic and coherent approach; reiterates that the Eel Regulation was found to be fit for purpose by the Commission evaluation of 2020; is of the opinion that better implementation of the Eel Regulation and additional actions by Member States are needed;
Amendment 18 #
2023/2030(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reaffirms the Eel Regulation’s objective of the recovery of the eel stock to 40 % compared to pristine conditions and its main aim of reducing mortality so as to allow for this recovery; advises that it is essential to focus on the short-term achievable mortality target in order to reach the long-term biomass objective; highlights the fact that ‘pristine conditions’ can be hard to define; points out that the 40 % target is likely to be unachievable because of habitat losses, but that it is the standard for deriving the mortality reduction targetpoints out that in order to reach the 40 % target, habitat loss needs to be addressed;
Amendment 22 #
2023/2030(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the decline in stock recruitment for glass and yellow eel has halted since the adoption of the Eel Regulation, indicating that the Eel Regulation is showing positive preliminary results, but but remains since several years below any limit reference points; highlights that recovery will be a long- term process over several decades, which means that continued monitoring and action will be necessary;
Amendment 27 #
2023/2030(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that managing the eel stock is too complex for a one-sided marine- oriented approach; highlights the fact that in addition to focusing on annual fishing opportunities does notother important factors should be taken into account important factors such as migration barriers, habitat quality and illegal catches and trade; underlines that the Eel Regulation is holistic and comprehensive, captures both the marine and freshwater life stages of the eel and addresses both fisheries and non- fisheries impacts; points out, in addition, that non- fisheries impacts may be bigger than the fisheries impacts and that far too little attention has been given thus far to non-fishery anthropogenic mortalities; is of the opinion that measures taken outside of the context of the Eel Regulation undermine the coherence of adopted policy; deplores, therefore, Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing oppshould be given more attention; recalls that the most recent ICES advises for 2023 zero catches in all habitats for both recreational and commercial catches including catches of glass eels for restocking and aquaculture, that all non-fisheries related anthropogenic mortunalities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks, restricting eel fisheries with a 6-month closing periodshould be zero, and that the quantity and quality of eel habitats should be restored including restoring connectivity and the physical, chemical, and biological properties of the habitats;
Amendment 31 #
2023/2030(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for an evaluation by ICES of the Eel Management Plans regarding their conformity with the precautionary approach, in line with the objectives of the CFP;
Amendment 33 #
2023/2030(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls, therefore, for the creation of an eel-specific advisory councilgroup with representatives from the Member States and, the fishing sector, recreational fishers, water managers, hydro-power companies, conservationistsivil society and other relevant parties, ensuring full and balanced representation of all relevant stakeholders; suggests that this advisory council should be tasked with advising the Commission on the implementation of the Eel Regulation, providing feedback to Member States on their EMPs, exchanging information between the different parties and evaluating the progress on implementation at national and European level;
Amendment 39 #
2023/2030(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes, in this regard, that the Commission’s intention to establish an expert group, as announc highlighted in its action plan on marine ecosystems, with the aim of bringing together fisheries and infrastructure experts from the national ministries; asks the Commission to take the above suggestions on board when setting up this expert group; portance and urgency to improve conservation for critically endangered species that are commercially fished, such as the European eel, and to take a comprehensive approach covering different policies for their management and conservation;
Amendment 41 #
2023/2030(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets the fact that only one Member State has submitted an updated EMP for approval since the adoption of the Eel Regulation; urges the Member States to regularly update their EMPs, based on the best available scientific knowledge and advice; encourages the Member States to put concrete targets and intermediate deadlines in their updated EMPs; stresses that the recovery of the eel is a long-term process that requires continuous effort and that a one-time management plan will not be sufficient;
Amendment 45 #
2023/2030(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets the fact that the number of Member States adhering to the reporting requirement under Article 9(1) of the Eel Regulation has declined over the years; reminds the Member States of their obligations under Article 9(1); highlights the fact that it is vital to gather as much information and data as possible in order to be able to take appropriate measures; highlights that a lack of data does not prevent Member States to act;
Amendment 46 #
2023/2030(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Welcomes the measures taken at the General Fisheries Commission for the Mediterranean (GFCM) to improve eel management and research in the Mediterranean;
Amendment 52 #
2023/2030(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the important role that eel fisheries play in society, with eel fishing being both a socio-economic activity and a cultural, centuries-old tradition; considers that eel fishing has reduced significantly in the past decade but the state of the stock remains critical; calls on the Commission and the Member States to refrain as much as possible from placing further restrictions on fisheries; underlines that fishers have an important role to play as guardians and ‘eyes and ears’, while a full closure of fisheries could lead to more illegal, unreported and unregulated (IUU) fishingmonitor existing fishing restrictions and to propose further actions where necessary, based on the best available scientific advice; underlines that fishers have an important role to play as guardians of the sea; points out that eel fisheries carry out a small-scale, artisanal activity and are often located in remote areas, where fishers play an important environmental and social role;
Amendment 54 #
2023/2030(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses its hope that where further restrictions on fisheries might be necessary, this is done in the context of the national EMPs and not in the form of ad hoc Council decisions, and based on prior socio-economic impact assessmentsbased on the best available scientific advice, and with appropriate compensation measures in line with EMFAF provisions for fishers affected by closures, especially the small- scale sector;
Amendment 57 #
2023/2030(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reaffirms that restocking is one of the recovery measures listed under Article 2(8) of the Eel Regulation; is of the viewhighlights that restocking is a necessary measure until the problem of migration barriers is solved adequately; calls on the Member States to continue the practice of restocking; highlights the fact that, although the contribution of restocking to stock recovery at an intconsidered as a short to medium term measure that should be phased out as natural recruitment and water course connectivity improves; highlights that restocking is not a consernvational level cannot be ascertained, it can have positive effects at local level; is of the opinion that restocking is a way of spreading and limiting risks for the recovery of the stock, considering the increasing drought that is causing problems in rivers throughout Europe; points out, furthermore, that catches for restocking are relatively low (2-3 % of all glass eels); stresses that glass eel catches are crucial for the European aquaculture sector and recognises the important role of aquaculture in restocking measure and should not be used as a replacement for adequate protection and conservation measures; recalls that the most recent ICES advises in for 2023 zero catches including catches of glass eels for restocking and aquaculture;
Amendment 68 #
2023/2030(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to give flexibility to fishers in determining the most suitable periods to fish, which can differ per country; encourages the Member States, in this regard, to consider, in consultation with fishers, the use of quota systems, in order to keep fishing at responsible levels; highlights that one of the advantages of a quota system would be that it enables fishers to choose to fish at times when it is commercially interesting to do so, while limiting catches to a responsible levelkeep fishing at responsible levels in line with the best available scientific advice; adds that this could contribute to preventing overfishing;
Amendment 78 #
2023/2030(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines that there are fish- friendly alternatives on the market to make water pumps and hydro-power stations passable for fish; calls on the Member States to make fish safety and welfare a mandatory requirement for new installations and for old ones when they are replaced; points out that a common methodology might be needed in order to determine and certify when pumps can be considered fish friendly; highlights that the existing Royal Netherlands Standardisation Institute (NEN) standard 87759 in the Netherlands could serve as an example; _________________ 9 NEN 8775:2020+C1:2022 nl.
Amendment 79 #
2023/2030(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Encourages the Member States to continue with trap and transferassisted migration projects as a temporary solution for silver eel escapement, in case structural solutions are not possible in the short term;
Amendment 82 #
2023/2030(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. EncouraUrges the Member States also to take measures against other anthropogenic mortality factors, such as pollution and parasites, especially from agricultural fertilizers, and parasites, and effects of climate change; recalls that as a part of the Farm to Fork strategy, Member States should reduce nutrient losses by at least 50% by 2030; urges Member States to address gaps and lags in environmental legislation; highlights further to address quarantine rules for glass eels to prevent the spread of parasites during restocking;
Amendment 93 #
2023/2030(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights the fact that improved transparency and traceability for caught glass eels is an important way of combating IUU practices and that certification schemes based on independent verifications and internationally agreed standards are an important tool to ensure the legality of catches; calls on the Member States to make public their restocking plans so that illegal trade flows of glass eels can be better identified and targeted;
Amendment 98 #
2023/2030(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that much is unknown about the eel, including its spawning process and the exact reasons for the stock decline; calls, therefore, for more scientific research, with sufficient funding and human resources, into the status of the stockeel population and the reasons for its decline; suggests that research should also look into pollutants as well as the effects of climate change, for example in the Gulf Stream to and from the Sargasso Sea;
Amendment 100 #
2023/2030(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Points out that there is a disconnect between the implementation of the Eel Regulation and the ICES annual advice on fishing opportunities, should be harmonised since the latter is based on the glass eel trendand yellow eel recuitment and not on the escapement of silver eel (40 % target); calls for this to be harmonisedhighlights the need to improve recuitment data including on international level;
Amendment 105 #
2023/2030(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission and the, relevant Member States and contracting parties to have an ambitious and realisticscience-based General Fisheries Commission for the Mediterranean management plan for eel; believes that it is highly desirable for this plan to be aligned with the Eel Regulation;
Amendment 58 #
2023/0373(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In 2021, the parties to the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR) adopted the non-binding Recommendation 2021/068 to reduce the loss of plastic pellets into the marine environment by promoting the timely development and implementation of effective and consistent pellet loss prevention standards and certification schemes for the entire plastic supply chain. Measures for minimizing the risk associated with the transport of plastic pellets by sea are under examination at the International Maritime Organization. ("IMO"). In 2023, the Sub-Committee on Pollution Prevention and Response of the Marine Environment Protection Committee of the IMO agreed to prohibit the transport of plastic pellets in bulk in light of previous serious accidents. It is thus appropriate to implement such a prohibition for maritime transport in, to and from the Union. The Sub-Committee on Pollution Prevention and Response furthermore reported recommendations for the carriage of plastic pellets by sea in freight containers (for adoption by the Marine Environment Protection Committee in April 2024). It is thus appropriate to already foresee the implementation of these recommendations for maritime transport in, to and from the Union. _________________ 8 OSPAR Recommendation 2021/06 on the reduction of plastic pellet loss into the marine environment
Amendment 63 #
2023/0373(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Commission Regulation (EU) 2023/2055 addresses losses of synthetic polymer microparticles for use at industrial sites i.e. plastic pellets as avoidable releases. For these releases, a reporting requirement for an estimated quantity of microplastics released to the environment on an annual basis is introduced. WhileHowever, this reporting requirement lackings a methodology to estimate losses, and only provides annual estimates. While this requirement will increase information on pellet losses and improve the quality of the information collected to assess the risks deriving from these microplastics in the future, it is not sufficient to have an overview of the specific nature of the losses and the causes thereof.
Amendment 69 #
2023/0373(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Economic operators, EU carriers and non-EU carriers should implement the requirements on the handling of plastic pellets by following a priority order of action with the paramount goal of preventing the release of pellets in the environment as the top priority. Therefore, preventing spills of plastic pellets from primary containment during routine handling, thus reducing the risk of spills to the lowest possible level, should be the first step, including by avoiding any unnecessary handling (for instance by reducing the transfer points) and by using rigid puncture-proof packaging, followed by containment of spilled pellets to make sure they do not become a loss to the environment, and eventually by clean up after a spill or loss event as the final step.
Amendment 72 #
2023/0373(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) While the aim is to prevent plastic pellet losses to the environment for all economic operators, EU carriers and non- EU carriers, obligations for micro-, small and medium-sized enterprises should be adjusted to mitigate the burden on them.
Amendment 74 #
2023/0373(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to prevent plastic pellet losses, economic operators should establish, implement, and update at all times a risk assessment plan identifying potential for spills and losses and documenting in particular specific equipment and procedures in place to prevent, contain and clean up pellet losses, taking into consideration the installation size and the scale of opernature of the installations.
Amendment 78 #
2023/0373(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to evaluate the adequacy of the risk assessment plan carried out for each installation, economic operators should keep record of an estimate of the quantity of the pellets released to the environment per year, together with the total volumequantity handled. To reduce burden on economic operators, the information onhe estimates of quantities released may be used in the framework of the reporting requirement under Commission Regulation (EU) 2023/2055 should be complemented by more detailed reporting requirements to be able to monitor the implementation of this Regulation.
Amendment 85 #
2023/0373(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Medium and large-sized enterprises that operate installations where plastic pellets are handled in quantities above 1 000 tonnes may bring higher risks of pellet losses to the environment. For this reason, these enterprises should be required to implement, for each installation, extra actions likeAll installations should carrying out an annual internal assessment, and adopting a training programme addressing specific training needs and modalities. In addition, for theseSmall, medium and large installations of all kinds, and micro enterprises, compliance with the requirements laid down in this Regulation should be demonstrated by obtaining, and renewing, a certificate issued by certifiers. These cnducting intermediary operations should be certified. Medium and large-sized enterprises are likely to handle higher quantities of pellets, which may bring higher risks of pellet losses to the environment. For these enterprises, certification should start earlier and be renewed more frequently. Certifiers can either be an accredited conformity assessment body, or an environmental verifier licenced to carry out verification and validation in accordance with Regulation (EC) No 1221/2009 of the European Parliament and of the Council15 on the voluntary participation by organisations in a Community eco- management and audit scheme (EMAS). The certificate should correspond to a unique format in order to ensure homogeneous information. _________________ 15 Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (OJ L 342, 22.12.2009, p. 1).
Amendment 88 #
2023/0373(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Micro and small-sized enterprises, and medium and large-sized enterprises operating installations where plastic pellets in quantities below 1 000 tonnes have been handledAll economic operators should be required to be subject to a self-declaration of conformity. They should also be given sufficient time to demonstrate their compliance. The self-declaration should be renewed every year.
Amendment 99 #
2023/0373(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Micro, small and medium-sized enterprises (SMEs) in the pellet supply chain should comply with the relevant obligations laid down in this Regulation, however they could face proportionally higher costs and difficulties when complying with some of the obligations. The Commission should raise awareness among economic operators and carriers regarding the necessity of preventing pellet losses. Additionally, the Commission should develop training materials to assist them in fulfilling their obligations, particularly with respect to the requirements of the risk assessment. Member States should provide access to information and assistance regarding compliance with obligations and the risk assessment requirements. Regarding the assistance of Member States, this could include technical and financial support as well as specialised training to SMEs. Member States actions should be taken in respect of applicable State aid rules.
Amendment 101 #
2023/0373(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to facilitate common grounds to estimate the losses of plastic pellets to the environment, it is necessary to have a standardised methodology set in a harmonised standard that is adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council16 . Pending the adoption of the standardised methodology, economic operators should indicate the methodology used when reporting losses of plastic pellets. _________________ 16 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12–33)
Amendment 110 #
2023/0373(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) economic operators handling plastic pellets in the Union in quantities above 51 tonnes in the previous calendar year;
Amendment 116 #
2023/0373(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘plastic pellet’ means a small mass of preformed polymer-containing moulding material, having relatively uniform dimensions in a given lotregardless of its shape and form, including flakes and powders, to which additives may have been added, that is used as feedstock in plastic product manufacturing or produced by recycling operations;
Amendment 125 #
2023/0373(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘loss’ means a one-off or prolonged escape of plastic pellets fromat any stage of the supply chain, from any installation’s boundary to the environment or from any carrier, including road vehicles, rail wagons or, inland waterway vessels, and maritime vessels, transporting plastic pellets;
Amendment 133 #
2023/0373(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘EU carrier’ means any natural or legal person established in a Member State, engaged in the transport of plastic pellets as part of its economic activity by using any carrier, including road vehicles, rail wagons or, inland waterway vessels, or maritime vessels;
Amendment 141 #
2023/0373(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘non-EU carrier’ means any natural or legal person established in a third country, engaged in the transport of plastic pellets as part of its economic activity in the Union by using any carrier, including road vehicles, rail wagons or, inland waterway vessels, and maritime vessels;
Amendment 146 #
2023/0373(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point l a (new)
Article 2 – paragraph 1 – point l a (new)
(l a) "remedial measures" mean measures defined in Article 2(11) of Directive 2004/35/EC.
Amendment 147 #
2023/0373(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point l b (new)
Article 2 – paragraph 1 – point l b (new)
(l b) 'intermediary operations' means storage and repacking
Amendment 153 #
2023/0373(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. Economic operators of installations producing pellets and of installations handling pellets shall eliminate all loss of pellets to the environment from the installation’s boundary.
Amendment 157 #
2023/0373(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Economic operators shall, for the purposes of this Regulation, label all storage and transport containers containing plastic pellets as "hazardous for the aquatic environment, long term aquatic hazard category 2" as set out in Regulation (EC) No 1272/2008;
Amendment 163 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point a
Article 4 – paragraph 1 – subparagraph 1 – point a
(a) establish a risk assessment plan for each installation in accordance with Annex I taking into account the nature and size of the installation as well as the scale of its operations;
Amendment 173 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Economic operators that are medium and large-sized enterprises operating installations where plastBy 31 March of each calendar year, all economic opellets in quantities below 1 000 tonnes have been handled in the previous calendar year or that are micro or small- sized enterprises shall notify anrators shall report to the competent authorities the update of the risk assessment plan for each installation as well asin case it was updated, a renewal of the self-declaration of conformity toand the competent authority every 5 years from the last notificationir records pursuant to Article 8 for the previous calendar year.
Amendment 182 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Competent authorities mayshall require economic operators to use best practices and may take the following actions:
Amendment 189 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Competent authorities shall establish, maintain, and update a register containing the risk assessment plans and self-declarations of conformity, notified in accordance with paragraphs 1 and 2 of this Article, measures taken in case of non- compliance in accordance with Article 8(2)(c) and incidents and accidents reported in accordance with Article 9(1). The register shall be publicly available on a website.
Amendment 194 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. EU carriers and non-EU carriers shall ensure that the actions set out in Annexes III and IIIA are implemented during loading and unloading operations, transport journeys, cleaning and maintenance operations. (Linked to the amendment by the same authors introducing a newAnnex IIIA for maritime transport.)
Amendment 197 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – introductory part
Article 4 – paragraph 7 – subparagraph 1 – introductory part
Economic operators and, EU carriers and non- EU carriers shall have the following obligations:
Amendment 200 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point c
Article 4 – paragraph 7 – subparagraph 1 – point c
(c) keep records of annually estimated quantities of losses in accordance with Annex IVA and of the total volumequantity of plastic pellets handled.
Amendment 211 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. Where an action taken for the prevention, containment and clean-up of spills and losses fails, economic operators, carriers and non-EU carriers shall take immediate corrective actions, as soon as possible.
Amendment 214 #
2023/0373(COD)
Proposal for a regulation
Article 4 – paragraph 9 – introductory part
Article 4 – paragraph 9 – introductory part
9. Every year economic operators that are not micro or small-sized enterprises and that operate installations where plastic pellets in quantities above 1 000 tonnes have been handled in the previous calendar year shall, for each installation, carry out an internal assessment on the state of compliance of the installation with the requirements of the risk assessment plan laid down in Annex I. The internal assessment may among others cover the following subjects:
Amendment 228 #
2023/0373(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. By … [OP: please insert the date = 24 months after the entry into force of this Regulation], and thereafter every threewo years, economic operators that are medium and large- sized enterprises shall demonstrate that each installation where plastic pellets in quantities above 1 000 tonnes have been handled in the previous calendar year is compliant with the requirements set out in Annex I, by obtaining a certificate issued by a certifier.
Amendment 232 #
2023/0373(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. By … [OP: please insert the date = 36 months after the entry into force of this Regulation], and thereafter every four years, economic operators that are medium-sized enterprisessmall enterprises, and micro enterprises that are conducting intermediary operations, shall demonstrate that each installation where plastic pellets in quantities above 1 000 tonnes have been handled in the previous calendar year is compliant with the requirements set out in Annex I, by obtaining a certificate issued by a certifier.
Amendment 255 #
2023/0373(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) the number of economic operators per size of enterprise according to Commission Recommendation 2003/361/EC and per economic activity, their installations and the quantities of plastic pellets handled, and of the EU carriers and their means of transport allocated to transporting plastic pellets and the quantities handled by them;
Amendment 257 #
2023/0373(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the number and results of environmental inspections and other verification measures carried under paragraph 1 of this Article as well as the number of incidents and accidents reported in accordance with Article 9(1) and Annex IVA, overall estimated losses, and the measures taken in case of non-compliance with the obligations set out in this Regulation.
Amendment 261 #
2023/0373(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Every three years, based on the reports of Member States referred to in paragraph 2, the Commission shall produce a synthesis report on compliance and reporting, setting out the qualitative and quantitative information on the implementation of this Regulation.
Amendment 264 #
2023/0373(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Without prejudice to Directive 2004/35/EC, in the event of an incidental or accidental loss significantly affecting human health or the environment, and any event of an incidental or accidental loss of more than 20 kg of pellets, economic operators, EU carriers and non- EU carriers shall immediately:
Amendment 267 #
2023/0373(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) inform the competent authority in whose territory the incident or accident occurred, as well as competent authority of territories likely to be affected, and the estimated quantities of losses using the form in Annex IVA;
Amendment 274 #
2023/0373(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) take all possible measures to lminimitse the health or environmental consequences and to prevent further incidents or accidents.
Amendment 279 #
2023/0373(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The competent authority in whose territory the incident or accident occurred shall require, where necessary, that economic operators, EU carriers and non- EU carriers take appropriate complementary measures to lminimitse the health or environmental consequences and to prevent further incidents or accidents.
Amendment 281 #
2023/0373(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. In case of an incidental or accidental loss significantly affecting human health or the environment, Articles 6 and 7 of Directive 2004/35/EC shall apply.
Amendment 297 #
2023/0373(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 – point a
Article 12 – paragraph 2 – subparagraph 2 – point a
Amendment 304 #
2023/0373(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. For the purposes of compliance with the obligation referred to in Article 4(7), first subparagraph, point (c) and Annex IVA, a methodology to estimate quantities of losses shall be developed in harmonised standards in accordance with the procedures established by Regulation (EU) No1025/2012.
Amendment 333 #
2023/0373(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) the experience gained from the implementation of obligations set out in Articles 43, 4, 5, 8 and 59;
Amendment 337 #
2023/0373(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 (new)
Article 17 – paragraph 2 – subparagraph 1 (new)
The Commission shall monitor the application of this Regulation and, no later than 31 December 2029, shall publish a comprehensive report on its overall application and effectiveness as well as the implementation of Annexes I and III by economic operators and carriers and shall submit, if appropriate, a legislative proposal to the European Parliament and to the Council to amend this Regulation.
Amendment 340 #
2023/0373(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Review The Commission shall monitor the application of this Regulation and, no later than 31 December 2031, shall publish a comprehensive report on its overall application and effectiveness as well as the implementation of Annexes I, III, IIIA and IVA by economic operators and carriers and shall submit, if appropriate, a legislative proposal to the European Parliament and to the Council to amend this Regulation.
Amendment 350 #
2023/0373(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 7 – paragraph 2 – introductory part
Annex I – paragraph 1 – point 7 – paragraph 2 – introductory part
Economic operators shall considerput in place at least the following, taking into account the nature and size of the installation as well as the scale of its operations:
Amendment 352 #
2023/0373(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 7 – paragraph 2 – point a
Annex I – paragraph 1 – point 7 – paragraph 2 – point a
(a) For prevention: all installations on hard impermeable surfaces enclosed by cement kerbs; all installations equipped with rainwater drains with filters with a mesh size smaller than the smallest pellets handled on site; vacuum filling system for all silos; vacuum seals on hoses and pipework; tear- and impact- resistant rigid packaging that can withstand degradation in aquatic including rough aquatic environments; equipment to create secure connection points with secondary barriers in place; loading systems designed to ensure transfer lines can be completely emptied after loading and unloading; sealedrigid, sealed, tamper-proof containers or external silos with confined base to store pellets; automated transport systems for pellets, where applicable;
Amendment 356 #
2023/0373(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 7 – paragraph 2 – point b
Annex I – paragraph 1 – point 7 – paragraph 2 – point b
(b) For containment: catchment devices placed along the exterior edge of loading and unloading areas; industrial vacuum cleaners and hand toolin-ground retention tanks with steel grating below spill hotspots such as transfer points, loading and unloading areas; indoor cleaning stations for vehicles, containers and retention tanks with filtration and recovery of pellets and plastic dust; adequately sized industrial or professional vacuum cleaners for immediate cleaning; internal and external drain covers with pellet filtration devices, storm water drainage orand filtration systems to manage reasonably foreseeable flood or storm events; a sewage treatment system where necessary due to nature and size of the installation and the scale of its operations;
Amendment 357 #
2023/0373(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 7 – paragraph 2 – point c
Annex I – paragraph 1 – point 7 – paragraph 2 – point c
(c) For clean-up: industrial vacuum cleaners for internal and external usage; dedicated appropriate containers for recovered pellets that are coverrigid, shock-resistant, sealed, labelled and secured to prevent further spills and losses; hand tools (e.g., brooms, dustpan and brush, buckets, repair tapes); reinforced collection bags rakes, sieves) only where vacuum cleaners cannot be used (e.g. on beaches).
Amendment 363 #
2023/0373(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 8 – paragraph 2 – introductory part
Annex I – paragraph 1 – point 8 – paragraph 2 – introductory part
Economic operators shall considerput in place at least the following, taking into account the nature and size of the installation as well as the scale of its operations:
Amendment 365 #
2023/0373(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 8 – paragraph 2 – point a
Annex I – paragraph 1 – point 8 – paragraph 2 – point a
(a) for prevention: limits on the volumesload of peallets transported in certain packaging (e.g., pellets must be packaged and sealed in 25kg sacks, and loaded no more than 1tonne per pallet); regular inspection and maintenance of packaging, containers and storage facilities; use of spill trays under transfer pointsin case of and duringhoc loading and unloading that is not above retention tanks; clear protocols for opening, loading, closing and sealing containers at the start and end of loading; physical testing and monitoring of the effectiveness of prevention procedures;
Amendment 368 #
2023/0373(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 8 – paragraph 2 – point b
Annex I – paragraph 1 – point 8 – paragraph 2 – point b
(b) for containment: regular inspection, cleaning and maintenance of containment and catchment devices; regular inspection, cleaning and maintenance of drain covers, storm water drainage orand filtration systemdevices; regular inspection and systematic cleaning of vehicles leaving and/or entering a site, outgoing water facilities and fences on the perimeter of the facility that are in public areas when applicable; immediate replacement or repair of leaking packagingf leaking containers; checks for broken and discarded packaging or containers for residual pellets before disposal or repair; regular inspection, cleaning and maintenance of sewage treatment system, where relevant.
Amendment 370 #
2023/0373(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 8 – paragraph 2 – point c
Annex I – paragraph 1 – point 8 – paragraph 2 – point c
(c) for clean-up: spilled plastic pellets are cleaned up immediately, preferably by vacuum cleaning wherever possible, to prevent losses to the environment, at the latest upon termination of the operation, and collected in a designated container. Clean-up methods must be appropriate to the environment and ecologically sensitive in order to prevent further adverse impact on biodiversity and ecosystems. If possible, spilled plastic pellets are reused as raw material to reduce wastage. If spilled plastic pellets cannot be reused as raw materials, they are retrieved and disposed of in accordance with waste legislation as well as damaged containers.
Amendment 378 #
2023/0373(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1
Annex III – paragraph 1 – point 1
(1) For prevention: verification during and after loading and unloading, that pellets are properly removed from the outside of the transport equipment before leaving the loading/unloading site; clear communication on stowage requirements; prevention of any leakage, including during the transport journey, e.g., by technical suitability of the transport means and containers, supplemented, if necessary, with appropriate sealingwith rigid, undamaged, appropriately sealed tear- water- and impact shock-resistant packaging containers that can withstand degradation including in rough aquatic environments; catchment devices below spill hotspots; ensuring that protective covers on e.g. forklifts/hydraulic equipment are used to prevent the piercing of packaging; regularly cleaning the loading compartments and the containers to minimise the loss of spilled pellets; visual checking of openings and integrity of transport containers and of the loading compartments prior and, to the extent possible, during the journey, including in the multimodal terminals, rail terminals, inland and seaports.
Amendment 382 #
2023/0373(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 2
Annex III – paragraph 1 – point 2
(2) For containment and clean-up: wherever possible, replace damaged packaging before leaving the loading site; in case of losses during transport, immediately repair damaged packaging (e.g. by using booms, barriers and adhesive tape) and contain the remaining pellets in spare containers or in the loading compartment; collect the spilled pellets in closed water- and tamper-proof containers or bags for proper disposal; in case of transport of pellets in bulk tanks, opening the bottom manhole/cone of the silo tank only after entering the cleaning bay; replace the container liner only in suitable and non- public areas, where any spillage can be contained; immediately notify the authorities such as international and national emergency, or environmental and maritime authorities, as appropriate, from the Member State where the event occurred.
Amendment 386 #
2023/0373(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 3
Annex III – paragraph 1 – point 3
(3) Equipment on board: at least a mobile phone, one portable lightening apparatus, hand tools (e.g. brooms, dustpan and brush, buckets, repair tapes, etc.); closed collection containers/reinforcportable dedicated vacuum cleaners brooms, adhesive repair tapes, etc.); closed rigid, labelled and tamper-proof collection containers for correct disposal of recovered copellection bagts.
Amendment 388 #
2023/0373(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 3 a (new)
Annex III – paragraph 1 – point 3 a (new)
(3 a) Set the procedures for informing subcontractors about the relevant procedures to prevent, contain and clean up spills and losses.
Amendment 392 #
2023/0373(COD)
Proposal for a regulation
Annex III a (new)
Annex III a (new)
ANNEX IIIA SPECIFIC ADDITIONAL ACTIONS FOR EU AND NON-EU MARITIME CARRIERS 1.Transport of pellets in bulk shall be prohibited. 2.Transport information shall clearly identify, as an addition in the cargo information required by SOLAS regulation VI/2, those freight containers containing plastic pellets.In addition, the shipper shall supplement the cargo information with a special stowage request requiring stowage as outlined in point 3. 3. Freight containers containing plastic pellets should be properly stowed and secured so as to minimize the hazards to the marine environment without impairing the safety of the ship and persons on board. Specifically, freight containers containing plastic pellets should be stowed under deck wherever reasonably practicable, or inboard in sheltered areas of exposed decks.
Amendment 393 #
2023/0373(COD)
Proposal for a regulation
Annex IV a (new)
Annex IV a (new)
ANNEX IVA FORM FOR REPORTING OF LOSSES OF PLASTIC PELLETS Place of Incident: [Text Box] Date of Incident: [Date] Time of Incident: [Time] Type of Installation (Specify): [Text Box] Location of Loss: [ ] Production Area [ ] Master batching and compounding Area [ ] Conversion Area [ ] Storage Area [ ] Packing or Repacking Area [ ] Cleaning Area [ ] Transportation (Specify means of transport): [Text Box] Description of Pellet Loss, Including Polymer Type: [Text Box] Estimated Quantity of Lost Pellets: [Text Box – estimated amount, indication of methodology used] Cause of Loss: [ ] Equipment Malfunction [ ] Human Error [ ] Environmental or Weather Factors (Specify): [Text Box] [ ] Other (Specify): [Text Box] Immediate Actions Taken: [Text Box] Clean-up Measures: [ ] Vacuuming [ ] Absorbent Materials [ ] Containment [ ] Disposal Environmental Impact Assessment: [ ] Soil Contamination [ ] Water Contamination [ ] Air Quality [ ] Wildlife Impact Remediation Actions Necessary: [Text Box] Witness Information (if applicable):Name: [Text Box] Contact Number: [Text Box] Email Address: [Text Box] Reporting Person:Name: [Text Box] Position: [Text Box] Contact Number: [Text Box] Email Address: [Text Box] Attachments (e.g., photos, reports): [File Upload] Additional Comments: [Text Box]
Amendment 1 #
2021/2169(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Articles 3, 4, 5, 11, 13, 38, 39, 43 and 349,
Amendment 15 #
2021/2169(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to its resolution of 21 January 2021 titled 'More fish in the seas? Measures to promote stock recovery above the maximum sustainable yield (MSY), including fish recovery areas and marine protected areas' 1a _________________ 1a Texts adopted, P9_TA(2021)0017
Amendment 20 #
2021/2169(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
— having regard to its resolution of 7 June 2022 titled 'The implementation of Article 17 of the Common Fisheries Policy Regulation' 2a _________________ 2a Texts adopted, P9_TA(2022)0226
Amendment 149 #
2021/2169(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Regrets that, since 2014, the implementation ofWelcomes that the CFP has primarily focused on the environmental aspect of this policy, as a prerequisite to and at the expense of socioeconomic and food security considerations; considers that the resulting negative impacts on the fishing sector have been exacerbated since, economic and social sustainability as a basis for thriving fish stocks and coastal communities and to preserve long-term sustainable food security; considers that the challenges for the fishing sector such as Brexit and, the COVID-19 pandemic, and that these negative impacts continue to increase and have become unsustainable due to recent international geopolitical developmente Russian war of agression against Ukraine have caused impacts on EU fisheries, especially small- scale fisheries;
Amendment 158 #
2021/2169(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that seafood has a generallycertain seafood products can have a lower carbon footprint than land- based food, which indicates the strategic value of seafoodfully and swiftly implementing the CFP in the context of the European Green Deal and the Biodiversity Strategy;
Amendment 162 #
2021/2169(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the CFP reform should aim to reach a re-equilibration between its objectives; therefore supports strengthening the CFP’s socioeconomic and food security dimensionimplementation of the CFP should continue to ensure that fishing and aquaculture activities are environmentally sustainable and are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies and the reaching of a level playing field in its international dimension;
Amendment 172 #
2021/2169(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, to that end, to systematically conduct full ex ante and ex post impact assessments, including socioeconomic analyses, before any strategy or legislation is proposed or any policy decisions are taken;
Amendment 179 #
2021/2169(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Council to place more value in policy- making on the importance of low-impact, climate friendly fisheries in contributing to food supplies;
Amendment 197 #
2021/2169(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the introduction of MSY as a fisheries management reference point has been a driver for improving the overall state of fish stocks; considers, howev so that a fair standard of living is reached for those who depend on fishing activities; consider,s that the MSY objective should be implemented for all stocks in line with the legal requirement of the CFP, in light of the practical reality and in consideration of the socioeconomic, proportionality and food security dimensions enshrined in the Treaty and in the Food and Agriculture Organization (FAO) code of conduct;
Amendment 202 #
2021/2169(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls in this regard that the MSY target ‘for all stocks by 2020’ had already evolved in the regulations on regional multiannual plans adopted after 2013; recalls that the legal obligation to achieve MSY according to the CFP was not achieved by 2020;
Amendment 203 #
2021/2169(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recalls the objective of the CFP to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield;
Amendment 206 #
2021/2169(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers therefore that the MSY objective in Regulation (EU) 1380/2013 (the CFP Basic Regulation) should be adapfully implemented accordingly; highlights in this regard that where the MSY objective has been achieved the profitability of the respective fleet segments increased;
Amendment 209 #
2021/2169(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates the views expressed in its resolution of 18 May 2021 on the landing obligation2; recalls that the landing obligation, introduced as a fundamental paradigm shift in fisheries management, is not properly implemented; highlights again that the landing obligation is not a goal in itself but a tool to minimise unwanted catches and that an assessment ofthe socioeconomic impact of this obligation must be carried out to gradually eliminate discards, taking into account the best available scientific advice, by avoiding and reducing, as far as possible, unwanted catches, and by gradually ensuring that catches are landed, is not properly implemented; highlights again that the landing obligation is not a goal in itself but a tool to minimise unwanted catches and that the Commission was requested by the European Parliament to inter alia assess the extent to which the reduction of discards has been achieved and whether it has contributed to improving the status of stocks (MSY) and to reducing the impact on the marine ecosystem,the socioeconomic impact of this obligation, the impact on the sustainability of the species removed by the Council from the list of stocks subject to TACs, and to identify and remove the administrative difficulties encountered in developing and implementing selectivity pilot projects; highlights that investment and simplification of pilot projects on selectivity is needed to support the fishing sector in their efforts to become more sustainable; _________________ 2 OJ C 15, 12.1.2022, p. 9.
Amendment 217 #
2021/2169(INI)
Motion for a resolution
Paragraph 12 – indent 1
Paragraph 12 – indent 1
- the current landing obligation should be applied in a flexible manner, taking into account the specific characteristics of each fisheryfully implemented;
Amendment 222 #
2021/2169(INI)
Motion for a resolution
Paragraph 12 – indent 2
Paragraph 12 – indent 2
- the scope of the landing obligation should be reviewed so as to limit the problems of choke species and complex derogationsproblems of choke species to be approached in a fully comprehensive manner through quota swaps between Member States and between Producer Organisations, through quota pools, through technical and temporal-spatial selectivity, and where necessary through existing and potential derogations based on the best available scientific advice as foreseen in the CFP;
Amendment 228 #
2021/2169(INI)
Motion for a resolution
Paragraph 12 – indent 3
Paragraph 12 – indent 3
- the landing obligation should be made more attractive, notably through incentives, to improve ownership by operators and thereby compliance, and at the same time better controlled and enforced;
Amendment 234 #
2021/2169(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Insists that the objective of minimising unwanted catches should be primarily met by using technical measures and should be supported by better documenting catches; calls on the Commission to propose to the co- legislators other alternatives to the such as through remote electronic monitoring, last haul information, and digital catch and landing obligdeclarations;
Amendment 237 #
2021/2169(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that total allowable catches (TACs) and quotas are the most direct way of managing fishing mortality, but single stock TACs can be problematic in mixed fisheries (due to the choke effect); highlights the need to therefore improve the scientific advice for mixed fisheries also in the light of impacts of climate change on the ocean;
Amendment 243 #
2021/2169(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 268 #
2021/2169(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes therefore that it is necessary to adjust the present relative stability while preserving the basic tenets of this principle; to this end, cCalls on the Commission to provide a comprehensive assessment of the present relative stability and of possible scenarios for adaptation;
Amendment 273 #
2021/2169(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Recalls the role of the allocation of fishing opportunities as a tool to promote low-impact fisheries and small-scale fisheries, and to incentivise fisheries with a reduced impact on the environment;
Amendment 274 #
2021/2169(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Deplores that Member States are not transparent and are not making public what criteria they apply when distributing fishing opportunities;
Amendment 275 #
2021/2169(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17 c. Deplores the fact that very few Members States use criteria of an environmental, social or economic nature to distribute fishing opportunities and that, if used, they do not have much weight in the final distribution;
Amendment 276 #
2021/2169(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17 d. Calls on Member States to make their respective methods of distributing fishing opportunities and the final quota allocation of each producer organisation and each vessel publicly available, in line with the applicable data protection legislation;
Amendment 277 #
2021/2169(INI)
17 e. Welcomes the announcement by the Commission of the request made to the STECF to analyse the criteria used by Member States for the allocation of fishing opportunities at national level;
Amendment 278 #
2021/2169(INI)
Motion for a resolution
Paragraph 17 f (new)
Paragraph 17 f (new)
17 f. Calls on Member States to make full use of the possibilities offered by Article 17 of the CFP regulation to promote small-scale coastal, low-impact fisheries and to provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact, such as reduced energy consumption or reduced habitat damage;
Amendment 279 #
2021/2169(INI)
Motion for a resolution
Paragraph 17 g (new)
Paragraph 17 g (new)
Amendment 283 #
2021/2169(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to proposevide a study about adapting the structural policy in order to facilitateregarding the decarbonisation of the fishing industry and, calls on Member States and the fishing industry to improve safety and working conditions, notably by fully utilising the available gross tonnage within national capacity ceilings and excluding the ‘social and safety’ related tonnage from the calculation of the fishing capacityin line with Article 22 of the CFP;
Amendment 319 #
2021/2169(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to propose increased flexibility in these plans so thatMember States to submit joint recommendations in line with Article 18 of the CFP theyat take into account socioeconomic considerations and changing conditions;
Amendment 322 #
2021/2169(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the need to improve the implementation of the ecosystem approach at regional, national and European level and the need for consistent fisheries management measures concerning stocks straddling over regions covered by several MAPs;
Amendment 342 #
2021/2169(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Supports the currenta balanced composition of the ACs, with a majority representation of socioeconomic operators as compared to other interest grouphere all relevant stakeholders are properly represented, compared to the current composition of the ACs that is dominated by socioeconomic operators; highlights the importance of a good working atmosphere in ACs based on respect, inclusion of all opinions by the different stakeholder groups, impartial secretariats, rotating chairpersons and external, regular and independent performance reviews;
Amendment 344 #
2021/2169(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Highlights the importance of involving the ACs with the European Parliament’s workACs submitting recommendations and suggestionson on matters relating to the management of fisheries and the socio- economic and conservation aspects of fisheries and aquaculture to the Commission and to the Member State;
Amendment 347 #
2021/2169(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Deplores the insufficientWelcomes the monitoring of and transparency on how the AC’s advice is taken into account in decision-making; calls on the Commission and Member States to systematically and actively participate in the AC’s meetings and to better communicate on the value of their advice;
Amendment 353 #
2021/2169(INI)
28. Considers that co-management with the ACs mustof fisheries with all stakeholders should be developed to foster a bottom-up approach;
Amendment 361 #
2021/2169(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to base all its political and legislative initiatives (including implementing acts that set restrictions on fisheries) on scientific, technical and economic advice (including fishers’ experience)on the best available scientific advice and stakeholder consultations, and con priorduct impact assessments prior to legislative proposals;
Amendment 362 #
2021/2169(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that the ACs should be giRecalls that AC members and other interested persons haven the possibility to contribute to the Commission’s requests for advice fromattend meetings of the International Council for the Exploration of the Sea (ICES) and of the Scientific, Technical and Economic Committee for Fisheries (STECF) as observers and invited experts in order to foster closer collaboration between scientists and stakeholders;
Amendment 366 #
2021/2169(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Recalls that Article 13 of the Treaty on the Functioning of the European Union recognises animals as sentient beings and states that, in formulating and implementing the Union's fisheries policies, the Union and the Member States shall pay full regard to the welfare requirements of animals; recalls that aquatic animals are sentient beings and that full regard should be paid to their welfare;
Amendment 367 #
2021/2169(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31 b. Regrets in this regard that very little action has been taken since the adoption of the CFP; considers that animal welfare considerations could be better taken into account in the CFP, for example when assessing fishing techniques;
Amendment 368 #
2021/2169(INI)
Motion for a resolution
Paragraph 31 c (new)
Paragraph 31 c (new)
31 c. Calls on the Commission to request to the STECF a report on animal welfare in fisheries and on potential measures that could be implemented to take animal welfare into account;
Amendment 371 #
2021/2169(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Recalls the ECA Special Report 26/2020 that considered the procedure to adopt joint recommendations under Article 11 of the CFP inadequate to ensure protection from fishing for Natura 2000 protected areas; calls on the Commission to address this through swift and better enforcement of existing rules;
Amendment 373 #
2021/2169(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Underlines that fisheries and environmental policy must be aligned, but that environmental objectives cannot prevail over the CFP objectiv to ensure that fishing and aquaculture activities are environmentally sustainable and are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies, coherent with the CFP; highlights in this respect especially the importance of coherence with the Birds and Habitats Directive and the Marine Strategy Framework Directive; recalls that healthy marine ecosystems are the basis for sustainable fisheries and thriving fishing communities;
Amendment 383 #
Amendment 384 #
2021/2169(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
Amendment 385 #
2021/2169(INI)
Motion for a resolution
Paragraph 34 b (new)
Paragraph 34 b (new)
34 b. Notes that the protection of the environment is a growing concern for young people in Europe; stresses the importance of sustainable management of fisheries to attract young fishers; calls for the promotion of low-impact fishing not only as a way to reduce the impact of fisheries on the marine environment but also to attract new generations of fishers;
Amendment 386 #
2021/2169(INI)
Motion for a resolution
Paragraph 34 c (new)
Paragraph 34 c (new)
34 c. Recognises the important contribution of women to the fisheries sector, highlights that gender inequalities are still high in the fisheries sector, calls on the Commission and Member States to take action for gender equality in the fisheries sector;
Amendment 387 #
2021/2169(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission to promote the CFP as a policy model for ocean governance and to defend the EU fishing sector’s interestpromote EU fisheries policy objectives in Regional Fisheries Management Organisations and Sustainable Fisheries Partnership Agreements, and more generally in international forums; Stresses the need to align sustainable fisheries partnership agreements (SFPAs) with the 2030 SDGs; urges the EU to increase the transparency, data collection (particularly on catches, vessel registrations and labour conditions) and reporting requirements in SFPAs; Stresses the need to include all stakeholders in SFPA negotiations and during their implementation period, and to ensure that the needs of the communities most affected by these partnerships are taken into account;
Amendment 411 #
2021/2169(INI)
37 a. Calls on the EU and the Commission to invest more effort into promoting at international level the protection of the marine environment for humanity and future generations;
Amendment 412 #
2021/2169(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Considers that the CFP does not sufficiently address the specific needs of the outermost regionsHighlights the specific needs of the outermost regions, recalls that these needs have inter alia been enshrined in the CFP by establishing a dedicated Advisory Council as well as in the EMFAF through compensation for additional costs, higher aid intensity rates, and possibilities for Member States to grant additional financing for the implementation of such support;
Amendment 414 #
2021/2169(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 417 #
2021/2169(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Insists on the need to support selective fishing methods, such as anchored fish aggregating devices used by artisanal fleet, low-impact climate friendly fishing methods in the outermost regions and elsewhere;
Amendment 419 #
2021/2169(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Stresses that mitigation and adaptation are key in all EU legislation, as well as in the CFP, to address the climate change challenge;
Amendment 429 #
2021/2169(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Highlights the need for more resilient ecosystems and more resilientthrough connected and effectively managed marine protected areas, as a basis for resilient and profitable economic fishing sectors;
Amendment 439 #
2021/2169(INI)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46 a. Calls on the Commission and Member States to address and follow up on all provisions of the CFP that have not been implemented;
Amendment 440 #
2021/2169(INI)
Motion for a resolution
Paragraph 46 b (new)
Paragraph 46 b (new)
46 b. Recalls that all sectors in the EU need to contribute to the EU climate objectives and calls on Member States to make full use of the EMFAF to support the EU fishing sector in its transition to sustainable, low-impact and low carbon fishing; calls on the Commission to support this transition by requesting scientific advice on carbon sequestration of fish populations and on fuel consumption and greenhouse gas emissions from the EU fishing sector;
Amendment 441 #
2021/2169(INI)
Motion for a resolution
Paragraph 46 c (new)
Paragraph 46 c (new)
46 c. Calls on Member States to eliminate harmful fisheries subsidies in line with the SDGs, including by removing fuel tax exemptions under the Energy Taxaction Directive;
Amendment 2 #
2019/2177(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Commission communication of 16 June 2020 on the State of Play of the Common Fisheries Policy and Consultation on the Fishing Opportunities for 2021 (COM(2020/248),
Amendment 6 #
2019/2177(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- Having regard to "Borges, The unintended impact of the European discard ban, ICES Journal of Marine Science, 20201a", _________________ 1a https://doi.org/10.1093/icesjms/fsaa200
Amendment 28 #
2019/2177(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the European Commission has conducted socio- economic impact assessment on discard reducing policies prior to proposing the Landing Obligation in the proposal for a new CFP basic regulation in July 2011;
Amendment 52 #
2019/2177(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas Regulation EU 2015/812 introduced additional exemptions to the Landing Obligation for fish which shows damaged caused by predators;
Amendment 56 #
2019/2177(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas the Council has removed several species from the list of Total Allowable Catches (TACs) over the last years, thereby removing them also from being subject to the Landing Obligation;
Amendment 60 #
2019/2177(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
G c. whereas the amount of unwanted fish caught in the net and hauled on board can be significantly reduced in the first place through spatial and temporal avoidance and technical selectivity measures, thereby reducing handling time;
Amendment 64 #
2019/2177(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
G d. whereas STECF highlights that relatively few measures aimed to increase selectivity were contained in the joint recommendations by Member States regional groups for the implementation of the landing obligation (LO) in 2021;
Amendment 66 #
2019/2177(INI)
Motion for a resolution
Recital G e (new)
Recital G e (new)
G e. whereas the reports of the European Fisheries Control Agency (EFCA) evaluating compliance with the landing obligation recommend an increase in the number of last haul inspections and the introduction of remote electronic monitoring (REM) systems;
Amendment 98 #
2019/2177(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Is concerned about the Council's approach of setting TACs based on total catch including so-called 'top-ups' to cover fish previously discarded, while compliance remains poor, is extremely concerned that this has resulted in an average upward adjustment of 50% for 2020, while the implementation of the necessary control measures remains insufficient;
Amendment 119 #
2019/2177(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the current legal framework provides the legal basis for Member States to actively work together to define selective fishing rules in a more flexible manner and to deploy scientifically-proven mitigation tools; calls on the Member States to enhance their cooperation through a regional approach, including the involvement of relevant stakeholders and Advisory Councils, and to make full use of the subsidies available to them to this end; reiterates the need to ensure a level playing field in the implementation of the landing obligation;
Amendment 135 #
2019/2177(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Deplores that fewer Member States have carried out specific studies and pilot projects to test selective gear or avoidance strategies in 2019;
Amendment 160 #
2019/2177(INI)
Motion for a resolution
Paragraph 12 – point f
Paragraph 12 – point f
f. adopting strategies to use unwanted catches other than for human consumption without creating a market for those catches;
Amendment 167 #
2019/2177(INI)
Motion for a resolution
Paragraph 12 – point h
Paragraph 12 – point h
h. using and developing artificial intelligence tools to increase selectivity and control, and improve species identification;
Amendment 22 #
2019/2163(INI)
Motion for a resolution
Recital C
Recital C
C. whereas climate change is not the only threat to or stress factor acting on a fishing system, but is a further cause in addition to pollution, loss of habitat, overfishing, competition for space and environmental variability;
Amendment 28 #
2019/2163(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, in general, taking an ecosystem-based approach to planning and spatial management in aquaculture could improve the industry’s capacity to adapt sustainably, particularly at local level;
Amendment 29 #
2019/2163(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the 2019 IPCC Special Report on the Ocean and Cryosphere reveals the benefits of ambitious mitigation and effective adaptation for sustainable development and, conversely, the escalating costs and risks of delayed action;
Amendment 31 #
2019/2163(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas the far-reaching services and options provided by ocean and cryosphere-related ecosystems can be supported by protection, restoration, precautionary ecosystem-based management of renewable resource use, and the reduction of pollution and other stressors;
Amendment 32 #
2019/2163(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas the restoration of vegetated coastal ecosystems, such as mangroves, tidal marshes and seagrass meadows (coastal ‘blue carbon’ ecosystems), can provide climate change mitigation through increased carbon uptake and storage;
Amendment 33 #
2019/2163(INI)
D d. whereas such restoration actions also have multiple other benefits, such as providing storm protection, improving water quality, and benefiting biodiversity and fisheries;
Amendment 36 #
2019/2163(INI)
Motion for a resolution
Recital E
Recital E
E. whereas poverty and marginalisation, marginalisation, environmental destruction, overexploitation of resources and fishing pressure by foreign fleets are the primary causes of the vulnerability of certain coastal communities and the eradication of poverty and guarantees of food security for the world’s poor are essential for building up their capacity to resist the effects of climate change;
Amendment 40 #
2019/2163(INI)
Motion for a resolution
Recital F
Recital F
F. whereas climate change is having a very clear impact on the oceans, too, given that heat is stored to a greater extent in the water, in addition to other factors exacerbating the gravity of the situation, such as pollution, the disappearance of various species, the substitution of some species to the detriment of others, lack of oxygen, overfishing, biodiversity loss, IUU fishing, etc.;
Amendment 79 #
2019/2163(INI)
Motion for a resolution
Subheading 1
Subheading 1
Possible policy solutions and atwo keyword:s: 'mitigation' and ‘adaptation’
Amendment 115 #
2019/2163(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that fisheries is one of the sectors most affected by the many other uses of, and activities taking place on, the seas, such as maritime transport and tourism, urban and coastal development, the exploitation of raw materials and energy sources, and seafloor mining, as well as being affected by environmental issues such as marine pollution and climate change;
Amendment 127 #
2019/2163(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers it a matter of urgency to carry out anfurther impact assessment and to gather as muchdditional information as possible on the consequences of rising water temperatures for fish stocks, if possible for each individual basin, but more urgently to take the existing vast knowledge into account and act as soon as possible to prevent additional damage to marine ecosystems and fish stocks;
Amendment 136 #
2019/2163(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for proactive managementeasures to mitigate the causes for rising seawater temperatures to reduce the occurnce of extreme events, considering it also a matter of urgency to invest in adaptation measures for climate resilience (such as safety at sea, climate-resilient infrastructure, protection of marine and especially coastal ecosystems etc.), risk reduction and climate disaster prevention, while safeguarding the health of the aquatic ecosystem and providing for specific measures in the future EMFF to support affected sectorsreduce the emission of CO2 as the reason for global warming;
Amendment 151 #
2019/2163(INI)
Motion for a resolution
Paragraph 9 – point a
Paragraph 9 – point a
a) a broader use of community-based approaches (regionalisation): many regional initiatives are looking to tackle the current challenges faced by the fisheries sector and ecosystems with measures to mitigate and adapt to the effects of climate change, while adhering to the efforts agreed to at global level. Cross-border management and research strategies are key, particularly with regard to combating illegal, unreported and unregulated (IUU) fishing;
Amendment 159 #
2019/2163(INI)
Motion for a resolution
Paragraph 9 – point b
Paragraph 9 – point b
b) while the prevention of invasive species arrival and establishment is key, the creation of alternative livelihoods (fishing of other species): new opportunities will open up for small-scale fisheries and the communities which depend on them, as new, potentially marketable species could increase catches and therefore profitability. The arrival of non-indigenous species will also cause problems for those who fish native species;
Amendment 161 #
2019/2163(INI)
Motion for a resolution
Paragraph 9 – point c
Paragraph 9 – point c
Amendment 166 #
2019/2163(INI)
Motion for a resolution
Paragraph 9 – point d
Paragraph 9 – point d
d) by improving the resilience and economic stability of small-scale fishermen by providing better access to credit, micro-financing, insurance services and investmentlow-impact fishermen and -women by providing better access training and more selective gear, including through the future EMFF;
Amendment 34 #
2019/0246(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Those high nutrient inputs result inter alia from insufficiently implemented directives such as Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources and Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy.
Amendment 36 #
2019/0246(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The declining condition of Eastern Baltic cod (Gadus morhua) has been linked to that situation. According to ICES, the stock suffers from an unsustainably low biomass due to a combination of declining recruitment, environmental factors, low availability of prey species, and changes in the ecosystem leading to a high natural mortality (about three times the fishing mortality), and an excessive fishing mortality given the status of the stock. The biomass of commercial sized cod is presently at the lowest level observed since the 1950s. Moreover, ICES estimates that the spawning stock biomass will remain below the sustainability reference point in the medium-term (2024) even with no fishing at all. In its stock advice for 2020 ICES therefore advises zero catches.
Amendment 37 #
2019/0246(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Fisheries management in the Baltic Sea also suffers from an imbalance between active fleet segments and available fishing opportunities as set out in the Commission Communication of 7 June 2019 on the State of Play of the Common Fisheries Policy and Consultation on the Fishing Opportunities for 2020.
Amendment 41 #
2019/0246(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The fishing fleets so far dependent on Eastern Baltic cod do not have the possibility to fish for other stocks as an alternative. It is estimated that offsetting the economic losses caused by the Eastern Baltic cod closure would require additional catches of around 20,000 tonnes in alternative species. However, the Council also agreed severe reductions for other stocks, and notably a reduction of 65% for Western Baltic herring, 60% for Western Baltic cod, 32% for plaice, 27% for herring in the Gulf of Bothnia and 22% for sprat, while not completely following the scientific recommendations.
Amendment 44 #
2019/0246(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Given the serious condition of the Eastern Baltic cod stock additional measures to control the fisheries catching Eastern Baltic cod should be introduced. The threshold quantity as of which a fishing vessel is required to land its catch in a specific place should be reduced to 2500kg. Moreover, masters of fishing vessels having quotas for cod and fishing in areas where Eastern Baltic cod is present are to ensure that their fishing activity can be monitored at any time by the national competent authorities.
Amendment 46 #
2019/0246(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) ICES issued an analytical assessment of Eastern Baltic cod but was not in a position to provide fishing mortality ranges and various reference points because of a lack of required data. Therefore, data collection is to be improved by ensuring that the observer coverage at sea of vessels catching Eastern Baltic cod is at least 230%.
Amendment 50 #
2019/0246(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Given the fragile ecosystem in the Baltic Sea, support for the permanent cessation of fishing activities should not be granted for the retrofitting of fishing vessels for any other activitiesy than commercial fishing, such as recreational fishing, whicht could have a detrimental impact on the ecosystem. Therefore, such support should only be granted for the scrapping of fishing vessels.
Amendment 55 #
2019/0246(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1139
Article 14 – point a
Article 14 – point a
(a) 2500 kilograms of cod;.
Amendment 56 #
2019/0246(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/1139
Article 14b – paragraph 1
Article 14b – paragraph 1
Union vessels with an allocation of fishing opportunities for cod in ICES subdivisions 22-24 and 24-32 shall be subject to at least 230 % observer coverage at sea..
Amendment 1 #
2019/0226M(NLE)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the protocols on the implementation of the Agreements on a Sustainable Fisheries Partnership between the European Union and Morocoo, Mauritania and Guinea-Bissau,
Amendment 2 #
2019/0226M(NLE)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
- having regard to Article 31.4 of the Common Fisheries Policy EU 1380/2013,
Amendment 3 #
2019/0226M(NLE)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
- having regard to the European Parliament resolution of 12 April 2016 on common rules in respect of application of the external dimension of the CFP, including fisheries agreements (2015/2091(INI)),
Amendment 11 #
2019/0226M(NLE)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the fisheries agreements between the European Union and Mauritania, Morocco and Guinea-Bissau, respectively, give access to the stock of small pelagics that is shared with Senegal;
Amendment 25 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Supports the EU strategy of being able to maintain a network of agreements in the region in order to complement actions to promote the sustainability of stocks within regional fisheries organisations (RFOs); underlines the necessity of binding regional rules on the management of small pelagic stocks that are vital to the Senegalese fisheries;
Amendment 29 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the reduction in the fishing opportunities for deep-sea trawlers (black hake) in line with the scientific opinion of the Fishery Committee for the Eastern Central Atlantic (CECAF) in order to reduce mortality; underlines that there is still a possibility for European vessels to overfish black hake by paying a 95€ fee per ton; recommends to modify this provision by replacing it by a quota reduction in order to fight efficiently against illegal fishing;
Amendment 30 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes that the Protocol takes into account sensitive species that are caught as by-catch; stresses the need to further enhance measures to protect the marine ecosystem; emphasises the central role of trained scientific observers in the monitoring of the by-catches;
Amendment 40 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 10 – indent 1
Paragraph 10 – indent 1
- improving monitoring, control and surveillance through the rapid modernisation of the Fisheries Monitoring Centre (FMC) and the training of scientific observers;
Amendment 58 #
2019/0226M(NLE)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the need to increase transparency and participation in the management of the sectoral support; urges the Commission to provide regular public reports on the use of the sectoral support; recommends that artisanal fishery representatives to be associated to the work of the Joint Commission and any other forum reporting or evaluating on the impacts of the Protocol;
Amendment 8 #
2018/0371(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The purpose of this Regulation is to enable the re-commitment of the remaining amounts committed to support the implementation of the Council Decisions (EU) 2015/1523 and (EU) 2015/1601 provided for under Regulation (EU) No 516/2014 of the European Parliament and the Council8 or the allocation of them to other actions under the national programmes in line with Union priorities and Member States' needs in thespecific areas of migration and asylum. __________________ 8. Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC (OJ L 150, 20.5.2014, p. 168).
Amendment 10 #
2018/0371(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Member States should have the possibility to use the above-mentioned amounts to continue implementing relocation by re-committing the amounts to the same action in the national programmes. In additionAs a minimum, Member States should re-commit 50% of those amounts to the same action in the national programme. For the remainder of those amounts, it should be possible, where duly justified in the revision of Member States' national programmes, to use this funding also to address other challenges in the area of migration and asylum, in line withfund specific actions in the area of migration and asylum, namely those targeted at providing support for and enabling family reunification, both under the Dublin Regulation and from third countries and resettlement, in line with Articles 7 and 17 of the Asylum, Migration and Integration Fund Regulation. Member States' needs in these areas remain significant. Re- commitments of the above- mentioned amounts to the same action, or their transfer to other actionsspecific actions as listed above under the national programme should be possible only once and with the approval of the Commission.
Amendment 15 #
2018/0371(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The target group eligible for relocation as well as the countries from where relocation takes place should be expanded to give more flexibility to Member States in carrying out relocations. Relocation of children and families and of vulnerable applicants should be prioritised.
Amendment 20 #
2018/0371(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Member States should also have sufficient time to use the amounts re- committed to the same action or transferred to other specific actions prior to the decommitment of these amounts. Therefore, when such re- commitments or transfers of amounts under the national programme are approved by the Commission, the amounts concerned should be considered to have been committed in the year of the revision of the national programme that approves the re- commitment or the transfer concerned.
Amendment 26 #
2018/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 516/2014
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The additional amounts referred to in paragraph 1 of this Article shall be allocated to the Member States for the first time in the individual financing decisions approving their national programme in accordance with the procedure laid down in Article 14 of Regulation (EU) No 514/2014 and later in a financing decision to be annexed to the decision approving their national programme. Re- commitments of those amounts to the same action under the national programme or transfers thereof to other actions under the national programmeshall be allowed. Only transfers to the specific actions under the national programme targeted at providing support for and enabling family reunification, both under the Dublin Regulation and from third countries and resettlement, shall be possible where duly justified in the revision of the respective national programme. An amount may only be re- committed or transferred once. The Commission shall approve the re- commitment or transfer through the revision of the national programme.
Amendment 30 #
2018/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 516/2014
Article 18 – paragraph 3a
Article 18 – paragraph 3a
3a. For the purpose of Article 50(1) of Regulation (EU) No 514/2014, where amounts stemming from the provisional measures established by Decisions (EU) No 2015/1523 and (EU) No 2015/1601 are re-committed to the same action under the national programme or transferred to other specific actions under the national programme in accordance with paragraph 3, the amounts concerned shall be considered to have been committed in the year of the revision of the national programme that approves the re- commitment or transfer in question.
Amendment 32 #
2018/0371(COD)
“(4) In paragraph 4, the words "beneficiaries of international protection"' are replaced by the words "applicants for international protection orand beneficiaries of international protection.”.
Amendment 133 #
2018/0330(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union has been renamed the European Border and Coast Guard Agency (the ‘Agency’) and its tasks have been expanded with full continuity in all its activities and procedures. The key role of the Agency should be to establish a technical and operational strategy as part of the multiannual strategic policy cycle for implementation of European integrated border management, to oversee the effective functioning of border control at the external borders, to carry out risk analysis and vulnerability assessments, to provide increased technical and operational assistance to Member States and third countries through joint operations and rapid border interventions, to ensure the practical execution of measures in a situation requiring urgent action at the external borders, to provide technical and operational assistance in the support of search and rescue operations for persons in distress at sea, to organise, coordinate and conduct return operations and return interventions and provide technical and operational assistance to return activities of third countries.
Amendment 144 #
2018/0330(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) However, the Union’s framework in the area of control of external borders, returns and asylum. still needs to be further improved. To that end and to further underpin the current and future envisaged operational efforts, the European Border and Coast Guard should be reformed by giving the European Border and Coast Guard Agency a stronger mandate and, in particular, by providing it with the necessary capabilities in the form of a European Border and Coast Guard standing corps of 10 000 operational staff with executive powers to effectively support Member States on the ground in their efforts to protectmanage the external borders, fight secondary movements and significantly step up the effective return of irregular migrantsand combat cross-border crime.
Amendment 149 #
2018/0330(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to monitor the crossing of the external borders efficiently, address migratory challengescross-border crime and potential future threats at the external borders, ensure a high level of internal security within the Union, safeguard the functioning of the Schengen area and respect the overarching principle of solidarity. That should be accompanied by the proactive management of migration, including the necessary measures in third countries. In view of what has been stated, it is necessary to consolidate the European Border and Coast Guard and to further expand the mandate of the European Border and Coast Guard Agency. The Agency should be constituted principally by a European Border and Coast Guard standing corps consisting of 10,000 operational staff.
Amendment 162 #
2018/0330(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) European Integrated Border Management should be implemented as a shared responsibility of the Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance and search and rescue operations and any other border control tasks, and those responsible for returns. While Member States retain the primary responsibility for the management of their external borders in their interest and in the interest of all Member States and are responsible for issuing return decisions, the Agency should support the application of Union measures relating to the management of the external borders and returns by reinforcing, assessing and coordinating the actions of Member States which implement those measures.
Amendment 170 #
2018/0330(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The effective implementation of the European Integrated Border Management by the European Border and Coast Guard should be ensured through a multiannual strategic policy cycle for European Integrated Border Management. The multiannual cycle should set an integrated, unified and continuous process to provide strategic guidelines to all the relevant actors at Union level and in Member States in the area of border management and returns in order for those actors to implement the European Integrated Border Management in a coherent manner and in full compliance with fundamental rights. It shall also address all the relevant interactions of the European Border and Coast Guard with the Commission, other institutions and bodies as well as cooperation with other relevant partners, including third countries and third parties as appropriate.
Amendment 177 #
2018/0330(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The implementation of this Regulation does not affect the division of competence between the Union and the Member States or the obligations of Member States under the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention Relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms the 1954 United Nations Convention Relating to the Status of Stateless Persons and other relevant international instruments.
Amendment 192 #
2018/0330(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European border surveillance system (EUROSUR) is necessary for the functioning of the European Border and Coast Guard in order to frame the exchange of information and the operational cooperation between national authorities of Member States as well as with the Agency. EUROSUR is providing those authorities and the Agency with the infrastructure and tools needed to improve their situational awareness and reaction capability at the external borders for the purpose of detecting, preventing and combating illegal imirregular migration and combating cross- border crime and contributing to saving and ensuring the protection of the lives of migrants.
Amendment 200 #
2018/0330(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The Agency should provide the necessary assistance for the development and operation of EUROSUR including the interoperability of systems, in particular by establishing, maintaining and coordinating the EUROSUR framework.
Amendment 215 #
2018/0330(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Given its activities at the external borders, the Agency should contribute to preventing and detecting serious crime with a cross-border dimension, such as migrant smuggling, trafficking in human beings and terrorism, where it is appropriate for it to act and where it has obtained relevant information through its activities. It should coordinate its activities with Europol as the agency responsible for supporting and strengthening Member States' actions and their cooperation in preventing and combating serious crime affecting two or more Member States. Cross-border crimes necessarily entail a cross-border dimension. Such a cross- border dimension is characterised by crimes directly linked to unauthorised crossings of the external borders, including smuggling of drugs and weapons, trafficking in human beings or smuggling of migrants. That said, Article 1(2) of Council Directive 2002/90/EC19 allowsprovides that Member States may not to impose sanctions where the aim of the behaviour is to provide humanitarian assistance to migrants. _________________ 19 Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 17).
Amendment 221 #
2018/0330(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In a spirit of shared responsibility, the role of the Agency should be to monitor regularly the management of the external borders, including the respect for fundamental rights as part of border management activities. The Agency should ensure proper and effective monitoring not only through situational awareness and risk analysis, but also through the presence of experts and fundamental rights monitors from its own staff in Member States. The Agency should therefore be able to deploy liaison officers and staff of the Fundamental Rights Officer to Member States for a period of time during which the liaison officer and FRO staff reports to the executive director. The report of the liaison officers and to the Fundamental Rights Officer. The report of the liaison officers and staff of the Fundamental Rights Office should form part of the vulnerability assessment.
Amendment 236 #
2018/0330(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The Agency should organise the appropriate technical and operational assistance to Member States in order to reinforce their capacity to implement their obligations with regard to the control of the external borders and to face challenges at the external borders resulting from illegal immigration or cross- border crime or irregular migration. Such assistance should be without prejudice to the relevant national authorities' competence to initiate criminal investigations. In that respect, the Agency should, at the request of a Member State or on its own initiative, organise and coordinate joint operations for one or more Member States and deploy teams from the European Border and Coast Guard standing corps as well as provide the necessary technical equipment.
Amendment 245 #
2018/0330(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Member States should ensure that any authorities which are likely to receive applications for international protection such as the police, border guards, immigration authorities and personnel of detention facilities have the relevant information. They should also ensure that such authorities' personnel receive the necessary level of training which is appropriate to their tasks and responsibilities and, instructions to inform applicants as to where and how applications for international protection may be lodged and instructions to as to how to refer persons in a vulnerable situation and unaccompanied children to the appropriate referral mechanisms.
Amendment 251 #
2018/0330(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In June 2018, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe as a whole. In that respect, it highlighted the importance for the Union to provide full support to ensure an orderly management of migration flows. That support is possible through the establishment of controlled centres where third-country nationals disembarked in the Union could be rapidly processed to ensure access to protection of those in need, with swift returns for those who are not. Whereas controlled centres are to be established on a voluntary basis, it should be possible for the Union to provide the Member States in question with full financial and operational support through the relevant Union Agencies including the European Border and Coast Guard Agency.
Amendment 257 #
2018/0330(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The European Border and Coast Guard Agency and the [European Union Agency for Asylum] should cooperate closely in order to address effectively the migratory challenges, in particular at the external borders characterised by large inward mixed migratory flows. In particular, both Agencies should coordinate their activities and support Member States to facilitate the procedure for international protection and the return procedure with regard to third country nationals whose application for international protection is rejectedferral to the appropriate referral mechanisms of vulnerable persons and unaccompanied children. The Agency and [the European Union Agency for Asylum] should also cooperate in other common operational activities such as shared risk analysis, collection of statistical data, training and support to Member States on contingency planning.
Amendment 263 #
2018/0330(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Member States should be able to rely on increased operational and technical reinforcement by migration management support teams in particular at hotspot areas or controlled centres. The migration management support teams should be composed of experts from the staff of the Agency and experts seconded by the Member States, and experts of the staff of/or Member States' experts deployed by, the [European Agency for Asylum], Europol, Agency for Fundamental Rights or other relevant Union agencies. The Commission should ensure the necessary coordination in the assessment of needs and operations on the ground in view of the involvement of various Union agencies.
Amendment 269 #
2018/0330(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 284 #
2018/0330(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) The European Border and Coast Guard standing corps should be a standing corps composed of 10,000 operational staff being border guards, return escorts, return specialists, return monitors, fundamental rights monitors and other relevant staff. The standing corps should be composed of three categories of operational staff, namely statutory staff members employed by the European Border and Coast Guard Agency, staff seconded to the Agency by the Member States for long term durations and staff provided by Member States for short term deployments. The European Border and Coast Guard standing corps should be deployed in the framework of border management teams, migration management support teams or return teams.
Amendment 288 #
2018/0330(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The operational staff of the European Border and Coast Guard standing corps deployed as members of the teams should have the all the necessary powers to carry out border control, fundamental rights monitoring and return tasks, including the tasks requiring executive powers defined in the relevant national laws or, for the staff of the Agency, in accordance with Annex V.
Amendment 296 #
2018/0330(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In view of deployment of the European Border and Coast Guard standing corps in the territory of third countries, the Agency should develop the capabilities for its own command, the Agency should develop appropriate procedures to ensure the civil and criminal liability and accountrol structureability of the standing corps.
Amendment 308 #
2018/0330(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) The long-term development of new capabilities within the European Border and Coast Guard should be coordinated between the Member States and the Agency in line with the multiannual strategic policy cycle, taking into account the long duration of certain processes. This includes the recruitment and training, including on fundamental rights and the implementation of the complaints mechanism and fundamental rights strategy of new border guards, (which could during their career serve both in Member States and as part of the standing corps), the acquisition, maintenance and disposal of equipment (for which opportunities for interoperability and economies of scale should be sought) but also the development of new equipment and related technologies including through research.
Amendment 314 #
2018/0330(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) 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 Directive 2008/115/EC of the European Parliament and of the Council22 , is an essential component of the comprehensive efforts to tackle illegal immigration and represents an important issue of substantial public interestrregular migration. _________________ 22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 317 #
2018/0330(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) The Agency should step up its assistance to Member States for returning third-country nationals, subject to the Union return policy and in compliance with Directive 2008/115/EC. In particular, it should coordinate and organise return operations from one or more Member States and organise and conduct return interventions to reinforce the return systems of Member States requiring increased technical and operational assistance to comply with their obligation to return third-country nationals in accordance with that Directive.
Amendment 319 #
2018/0330(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) The Agency should, in full respect for fundamental rights and without prejudice for the Member States’ responsibility for issuing return decisions, provide technical and operational assistance to Member States in the return process, including the preparation of return decisions, identification of third country nationals and other pre-return and return-related activities of the Member States. In addition, the Agency should assist Member States in the acquisition of travel documents for return, when this would not violate the principle of non- refoulement, in cooperation with the authorities of the relevant third countries.
Amendment 322 #
2018/0330(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) The assistance to Member States in carrying out return procedures should include the provision of practical information on third countries of return relevant for the implementation of this Regulation, such as the provision of contact details or other logistical information necessary for the smooth conduct of return operations. The assistance should also include setting up, operating and maintaining a central system for processing all information and data necessary for the Agency to provide technical and operational assistance in accordance with the Regulation, automatically communicated by the Member States’ national return management systemdignified conduct of return operations.
Amendment 324 #
2018/0330(COD)
Proposal for a regulation
Recital 71
Recital 71
Amendment 328 #
2018/0330(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The possible existence of an arrangement between a Member State and a third country does not absolve the Agency or the Member States from their obligations under Union or international law, in particular as regards compliance with the principle of non-refoulement, the prohibition of arbitrary detention and the prohibition of torture inhuman or degrading treatment or punishment.
Amendment 332 #
2018/0330(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) Member States should be able to cooperate at operational level with other Member States and/or third countries at the external borders, including military operations with a law enforcement purpose, to the extent that that cooperation is compatible withto the extent that that cooperation is compatible with a fundamental rights assessment to be carried out prior to any cooperation with third countries and the actions of the Agency.
Amendment 337 #
2018/0330(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) Cooperation with third countries is an element of European Integrated Border Management. It should serve to promote European border management and dignified return standards, to exchange information and risk analysis, to facilitate the implementation of returns with a view to increasing their efficiency and to support third countries in the area of border management and migrationfundamental rights compliance and efficiency, including the deployment of the European Border and Coast Guard standing corps when such support is required to protectmanage external borders and the effective management of the Union’s migration policy. A status agreement as a legal basis shall be needed when the teams of the Agency’s deploys to third countries exercise executive powers.
Amendment 340 #
2018/0330(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) Cooperation with third countries should take place in the framework of the external action of the Union and, in line with the principles and objectives of Article 21 of the Treaty on European Union and subject to a fundamental rights assessment to be carried out prior to the engagement in any cooperation with third countries. The Commission will ensure consistency between the European Integrated Border Management and other Union policies in the field of the Union’s external action and in particular the Common Security and Defence Policy. The Commission should be assisted by the High Representative of the Union and his or her services. Such cooperation should apply in particular to the activities of the Agency taking place on the territory of third countries or involving third country officials in areas such as risk analysis, planning and conduct of operations, training, information exchange and cooperation.
Amendment 343 #
2018/0330(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) This Regulation includes provisions on cooperation with third countries, because well-structured and permanent exchange of information and cooperation with those countries including but not limited to neighbouring third countries, are key factors for achieving the objectives of European Integrated Border Management. It is essential that any exchange of information and any cooperation between Member States and third countries be carried out in full compliance with fundamental rights. To this end, a fundamental rights assessment and a data protection impact assessment should be carried out prior to the engagement in any cooperation with third countries.
Amendment 347 #
2018/0330(COD)
Proposal for a regulation
Recital 83
Recital 83
(83) During the transitional period, it should be ensured that the FADO system is fully operational until the transfer is effectively carried out and the existing data are transferred to the new system. The ownership ofcontrol over the existing data should then be transferred to the Agency.
Amendment 350 #
2018/0330(COD)
Proposal for a regulation
Recital 85
Recital 85
(85) In the context of return it frequentlmay happens that third country nationals do not hold any identification documents and do not cooperate. Given the particular policy need onf establishing their identity by withholding information or providing incorrect personal data. Given the particular policy need of expediency of return proceduredignified return procedures which fully comply with fundamental rights, it is necessary for the Agency to be able to restrict certainguarantee at all times the rights of data subjects so as to prevent that the abuse of such rights may impedensure the proper implementation of return procedures and successful enforcement of return decisions by the Member States or prevent the Agency from performing its tasks efficiently. Notably, the exercise of the right to the restriction of processing may significantly delay and obstruct the performance of the return operations. Furthermore, in some cases the right of access by the data subject may jeopardise a return operation by increasing the risk of absconding should the data subject learn that the Agency is processing his or her data in the context of a planned return operation. The right to rectification, on the other hand, may increase the risk that the third country national in question will be misleading the authorities by providing incorrect datain full compliance with fundamental rights.
Amendment 352 #
2018/0330(COD)
Proposal for a regulation
Recital 86
Recital 86
(86) In order to properly implement its tasks in the area of return, including by assisting Member States in the proper implementation of return procedures and successful enforcement of return decisions, as well as to facilitate return operations, the Agency may need to transfer personal data of returnees to third countries. The third countries of return are not often subject to adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679, or under Article 36 of Directive (EU) 2016/680, and have often not concluded or do not intend to conclude a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 49 of [Regulation (EU) 45/2001] or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. However, despite the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for personal data, cover a limited number of suchshould include binding and enforceable data protection assurances by those third countries. In the situation where such agreements do not yet exist, personal data should be transferred by the Agency for the purposes of facilitating the return operations of the Union, when the conditions laid down in Article 49(1)(d) of [Regulation (EU) 45/2001] are met.
Amendment 356 #
2018/0330(COD)
(88) This Regulation should establish a complaints mechanism for the Agency in cooperation with the fundamental rights officer and with the EU Ombudsman, to safeguard the respect for fundamental rights in all the activities of the Agency. This should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The fundamental rights officer should review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the executive director, forward complaints concerning members of the teams to the home Member State and EU Ombudsman, and register the follow-up by the Agency or that Member State. The mechanism should be effective, ensuring that complaints are properly followed up. The complaints mechanism should be without prejudice to access to administrative and judicial remedies and not constitute a requirement for seeking such remedies. Criminal investigations should be conducted by the Member States. In order to increase transparency and accountability, the Agency should report on the complaints mechanism in its annual report. It should cover in particular the number of complaints it has received, the types of fundamental rights violations The Fundamental Rights Officer should be independent as regards technical and operational matters and have administrative and financial autonomy. The fundamental rights officer shall be provided with the resources and staff with the skills and seniority commensurate to the expansion of activities and powers of the Agency and necessary to enable him or her to effectively perform the variety of tasks in accordance with this Regulation. Any regular or extraordinary assignment of staff to the Agency must be accompanied with the proportional allocation of staff to support the fundamental rights officer involved, the operations concerned and, where possible, the follow-up measures taken by the Agency and Member States. The Fundamental Rights Officer should have access to all information concerning respect for fundamental rights in relation to all the activities of the Agency.
Amendment 360 #
2018/0330(COD)
Proposal for a regulation
Recital 90
Recital 90
(90) The Commission and the Member States should be represented within a management board to exercise oversight over the Agency. The European Parliament should be represented as observer within the management board to exercise public scrutiny over the Agency. The management board should, where possible, consist of the operational heads of the national services responsible for border guard management or their representatives. The parties represented in the management board should make efforts to limit turnover of their representatives in order to ensure continuity of the management board's work. The management board should be entrusted with the necessary powers to establish the Agency's budget, verify its execution, adopt appropriate financial rules, establish transparent working procedures for decision-making by the Agency and appoint the executive director and three deputy executive directors each of whom could be assigned responsibilities in a certain field of competences of the Agency, such as managing the European Border and Coast Guard standing Corps, overseeing the Agency’s tasks regarding returns or managing the involvement in the large scale IT systems. The Agency should be governed and operated taking into account the principles of the common approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the Commission.
Amendment 373 #
2018/0330(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a European Border and Coast Guard to ensure European Integrated Border Management at the external borders with a view to managing the crossing of those external borders efficiently, as well as increasing the efficiencyborders efficiently, and to ensure the protection and saving the lives of migrants and refugees in full compliance with the principle of non- refoulement and fundamental rights, as well as increasing the efficiency and compliance with fundamental rights of the common return policy as a key component of sustainable migration management.
Amendment 382 #
2018/0330(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Regulation addresses migratory challenges, including return, and potential future threats at those borders, such as smuggling of weapons and goods, thereby contributing to addressing serious crime with a cross-border dimension, to ensure a high level of internal security within the Union in full respect for fundamental rights, while safeguarding the free movement of persons within it.
Amendment 391 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
Article 2 – paragraph 1 – point 13 a (new)
(13 a) Neighbouring country means a country which shares a common land border with one or more Member States and which have ratified and implemented in full the European Convention on Human Rights and the 1951 Convention Relating to the Statues of Refugees and the 1967 Protocol thereto
Amendment 392 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘incident’ means a situation relating to illegal imrregular migration, cross-border crime, such as smuggling of drugs or weapons, or a risk to the lives of migrants at, along or in the proximity of, the external borders;
Amendment 403 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘migration management support team’ means a team of experts which provide technical and operational reinforcement to Member States, including at hotspot areas or in controlled centres, composed of operational staff from the European Border and Coast Guard standing corps, experts deployed by the [the European Union Agency for Asylum], and from Europol, EU Agency for Fundamental Rights or other relevant Union agencies as well as from Member States;
Amendment 413 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
Amendment 424 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘return operation’ means an operation that is organised or coordinated by the European Border and Coast Guard Agency and involves technical and operational reinforcement provided to one or more Member States or to a third country, under which returnees from one or more Member States or from a third country are returned, either on a forced or voluntary basis, irrespective of the means of transport;
Amendment 425 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 29
Article 2 – paragraph 1 – point 29
Amendment 429 #
2018/0330(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
(30) ‘return teams’ means teams formed from the European Border and Coast Guard standing corps to be deployed during return operations, return interventions in Member States and third countries or other operational activities linked to the implementation of return- related tasks;
Amendment 434 #
2018/0330(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) border control, including measures to facilitate legitimate border crossings and, where appropriate, measures related to the prevention and detection of cross- border crime, such as migrant smuggling, trafficking in human beings and terrorism, and measures related to the referral of persons who are in need of, or wish to apply for, international protection, in full respect of human dignity;
Amendment 437 #
2018/0330(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) establishment and maintenance of clear mechanisms and procedures, in cooperation with relevant authorities, for the identification of, provision of information and referral of persons who may be in need of international protection or for the referral of vulnerable persons and unaccompanied minors to the relevant referral mechanisms and authorities;
Amendment 442 #
2018/0330(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) inter-agency cooperation among the national authorities in each Member State which are responsible for border control or for other tasks carried out at the border, including national and international bodies in charge of protecting fundamental rights, as well as between authorities responsible for return in each Member State, including the regular exchange of information through existing information exchange tools;
Amendment 445 #
2018/0330(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) cooperation among the relevant Union institutions, bodies, offices and agencies in the areas covered by this Regulation, including cross-border crime, including through regular exchange of information;
Amendment 452 #
2018/0330(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) dignified return of third-country nationals who are the subject of return decisions issued by a Member State;
Amendment 467 #
2018/0330(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
(4) The Agency shall contribute to the continuous and uniform application of Union law, including the Union acquis on fundamental rights, at all external borders. nd promote the application of the Charter of Fundamental Rights of the European Union in all its activities. Its contribution shall include the exchange of good practices.
Amendment 469 #
2018/0330(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1 a) The Agency shall ensure that the management of external borders, in cases foreseen in this Regulation, is undertaken in full compliance with the Charter of Fundamental Rights, the 1951 Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees and relevant Union law.
Amendment 474 #
2018/0330(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
(3) Member States shall ensure the management of their external borders and the enforcement of return decisions, full compliance with fundamental rights and in their own interests and in the common interest of all Member States in full compliance with Union law and in line with the multiannual strategic policy cycle for European Integrated Border Management referred to in Article 8, in close cooperation with the Agency.
Amendment 476 #
2018/0330(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
(3 a) Member States and the Agency shall comply with fundamental rights, in particular the principles of non- refoulement and respect for human dignity and data protection requirements, when applying this Regulation. They shall give priority to the special needs of children, unaccompanied minors, victims of human trafficking, persons in need of urgent medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 481 #
2018/0330(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
(5) Member States may continue cooperation at an operational level with other Member States and/or third countries, where such cooperation is compatible with a fundamental rights assessment to be carried out prior to any cooperation with a third country and with the tasks of the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives. Member States shall report to the Agency and to the European Parliament on that operational cooperation with other Member States and/or third countries at the external borders and in the field of return. The executive director shall inform the management board and the Fundamental Rights Officer on those matters on a regular basis and at least once a year.
Amendment 482 #
2018/0330(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
(5 a) Member States hold primary responsibility for the implementation of the relevant international, EU or national legislation and law enforcement actions undertaken in the context of joint operations coordinated by the Agency and therefore also for the respect of fundamental rights during this activities. The Agency is also responsible, as the coordinator, and remains fully accountable for all actions and decisions under its mandate. The Commission, in cooperation with the Agency, the Council and relevant stakeholders, shall further analyse provisions related to accountability and liability and redress any potential or actual gaps connected to activities of the Agency.
Amendment 484 #
2018/0330(COD)
Proposal for a regulation
Article 7 – paragraph 5 b (new)
Article 7 – paragraph 5 b (new)
(5 b) The European Border and Coast Guard Agency shall be responsible, as the coordinator, and liable for all actions and decisions taken in the context of its activities. Responsibility of the Agency shall be without prejudice to responsibility of the Member States under relevant international, Union or national law.
Amendment 490 #
2018/0330(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
(2) The multiannual strategic policy for the European Integrated Border Management shall define how the challenges in the area of border management and return are to be addressed in a coherent, integrated and systematic manner. The multiannual strategic policy cycle and the integrated planning regulated in Article 9 of this Regulation must comply with Union law and the 1951 Convention relating to the Status of Refugees, as well as with other relevant international human rights instruments.
Amendment 494 #
2018/0330(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
(4) Based on the strategic risk analysis for European Integrated Border Management referred to in Article 30(2), and on risk analysis requested from other relevant agencies, when appropriate, the Commission shall be empowered to adopt delegated acts in accordance with Article 118 developing a multiannual strategic policy for European Integrated Border Management. That delegated act shall define policy priorities and provide the strategic guidelines for the following four years in relation to the components set out in Article 3.
Amendment 514 #
2018/0330(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
(3) Each plan of the integrated planning shall contain the scenario against which it is developed. Scenarios shall be derived from risk analysis and shall reflect the possible evolution of the situation at the external borders and in the area of illegalrregular migration, cross-border crime and the challenges identified in the multiannual strategic policy cycle for European Integrated Border Management.
Amendment 531 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 4 a (new)
Article 10 – paragraph 1 – point 4 a (new)
4 a. monitor the compliance with fundamental rights at the external borders and in return operations through the Fundamental Rights Officer and independent return monitors in cooperation with the EU Agency for Fundamental Rights;
Amendment 533 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 6
Article 10 – paragraph 1 – point 6
6. assist Member States in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations, taking into account that some situations may involveincluding humanitarian emergencies and rescue at sea in accordance with Union and international law;
Amendment 536 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 7
Article 10 – paragraph 1 – point 7
7. assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate challenges, taking into account that some situations may involveincluding humanitarian emergencies and rescue at sea in accordance with Union and international law;
Amendment 537 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)
Article 10 – paragraph 1 – point 7 a (new)
7 a. assist Member States in ensuring the protection and saving lives of migrants and refugees in accordance with Regulation (EU) No656/2014 of the European Parliament and of the Council;
Amendment 541 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 8
Article 10 – paragraph 1 – point 8
8. provide technical and operational assistance to Member States and third countries in accordance with Regulation (EU) No 656/2014 and international law, in support of search and rescue operations for persons in distress at sea which may arise during border surveillance operations at sea;
Amendment 549 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 12
Article 10 – paragraph 1 – point 12
12. within the framework of the migration management support teams at hotspot areas or in controlled centres;
Amendment 551 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 14
Article 10 – paragraph 1 – point 14
14. establish a procedure for referring and providing initial information to persons who are in need of, or wish to apply for, international protection, , including a procedure for the identification of vulnerable groups, in cooperation with the [European Union Agency for Asylum] and competent national authorities;
Amendment 554 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 15
Article 10 – paragraph 1 – point 15
15. provide assistance and monitoring of fundamental rights compliance in all stages of the return process and with the coordination and organisation of return operations, as well as return interventions;
Amendment 559 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 17
Article 10 – paragraph 1 – point 17
17. set up a pool of forced-return monitors in cooperation with the EU Fundamental Rights Agency;
Amendment 567 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 20
Article 10 – paragraph 1 – point 20
20. cooperate with the European Union Agency for Asylum in particular to facilitate measures wherereferral procedures and access to asylum procedures for third country nationals, whose application applying for international protection has been rejected by means of a final decision, are subject to return;
Amendment 568 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 20 a (new)
Article 10 – paragraph 1 – point 20 a (new)
20 a. cooperate with the European Union Agency for Fundamental Rights, to ensure the continuous and uniform application of the Union acquis on fundamental rights in all its activities;
Amendment 570 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 21
Article 10 – paragraph 1 – point 21
21. cooperate with the European Fisheries Control Agency and the European Maritime Safety Agency, within their respective mandates, to support the national authorities carrying out the coast guard functions set out in Article 70, including the saving of lives of migrants and refugees, by providing services, information, equipment and training, as well as by coordinating multipurpose operations;
Amendment 573 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 22
Article 10 – paragraph 1 – point 22
22. cooperate with third countries in the areas covered by the Regulation, including through the possible operational deployment of border management teams and return teams in third countries;
Amendment 577 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 23
Article 10 – paragraph 1 – point 23
Amendment 581 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 25
Article 10 – paragraph 1 – point 25
25. assist Member States and third countries in training of national border guards, other relevant staff and experts on return, including on fundamental rights and on the establishment of common training standards;
Amendment 586 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 26
Article 10 – paragraph 1 – point 26
26. participate in the development and management of research and innovation activities relevant for the controlmanagement and surveillance of the external borders, including the use of advanced surveillance technology, and develop pilot projects regarding matters covered by this Regulation;
Amendment 588 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 27
Article 10 – paragraph 1 – point 27
27. support the development of technical standards of equipment in the area of border controlmanagement and return including for interconnection of systems and networks;
Amendment 590 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 29
Article 10 – paragraph 1 – point 29
29. develop and operate, in accordance with [Regulation (EC) No 45/2001], information systems that enable swift and reliable exchanges of information regarding emerging risks in the management of the external borders, illegal imrregular migration and return, in close cooperation with the Commission, Union bodies, offices and agencies as well as the European Migration Network established by Decision 2008/381/EC;
Amendment 594 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 30 a (new)
Article 10 – paragraph 1 – point 30 a (new)
30 a. adopt and promote the highest standards for border management practises, allowing for transparency and public scrutiny and ensuring respect, protection and promotion of fundamental rights and rule of law;
Amendment 600 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Agency shall communicate on its own initiative on matters falling within its mandate. It shall provide the public with accurate, detailed, timely and comprehensive information about its activities and analyses.
Amendment 608 #
2018/0330(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The Agency and the [European Union Agency for Asylum] shall exchange information for the purpose of risk analysis, collection of statistical data, assessment of the situation in third countries, including the fundamental rights situation, training and the support to Member States on contingency planning. For those purposes, the necessary tools and structures shall be developed between the Agencies.
Amendment 620 #
2018/0330(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 628 #
2018/0330(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
(1) EUROSUR shall apply to border checks at authorised border crossing points, and to the surveillance of external land, sea and air borders, including the monitoring, detection, identification, tracking, prevention and interception of unauthorised border crossings for the purpose of detecting, preventing and combating illegal imrregular migration and cross- border crime and contributing to ensuring the protection and saving the lives of migrants.
Amendment 636 #
2018/0330(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 641 #
2018/0330(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2 – point a
Article 25 – paragraph 1 – subparagraph 2 – point a
(a) an events layer including all events and incidents related to unauthorised border crossings, cross-border crime, and the detection of unauthorised secondary movements;
Amendment 650 #
2018/0330(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
(1) The Agency shall establish and maintain a European situational picture in order to provide the national coordination centres and the Commission with effective, accurate and timely information and analysis, covering the external borders, the pre-frontier area and unauthorised secondary movements.;
Amendment 658 #
2018/0330(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point c
Article 27 – paragraph 3 – point c
(c) incidents in the operational area of a joint operation, or rapid intervention coordinated by the Agency, or in a hotspot or controlled centre.
Amendment 665 #
2018/0330(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
(4) The operational layer of the European situational picture shall contain information on the joint operations, and rapid interventions coordinated by the Agency and on hotspots and controlled centres, including the mission statement, location, status, duration, information on the Member States and other actors involved, daily and weekly situational reports, statistical data and information packages for the media.
Amendment 667 #
2018/0330(COD)
Amendment 673 #
2018/0330(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point a
Article 29 – paragraph 2 – point a
(a) selective monitoring of designated third-country ports and coasts which have been identified through risk analysis and information as being embarkation or transit points for vessels or other craft used for illegal imrregular migration or cross-border crime;
Amendment 675 #
2018/0330(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point b
Article 29 – paragraph 2 – point b
(b) tracking of vessels or other craft over high seas which are suspected of, or have been identified as, being used for illegal imrregular migration or cross-border crime;
Amendment 677 #
2018/0330(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) monitoring of designated areas in the maritime domain in order to detect, identify and track vessels and other craft being used for, or suspected of being used for, illegal imrregular migration or cross-border crime;
Amendment 678 #
2018/0330(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point d
Article 29 – paragraph 2 – point d
(d) environmental assessment of designated areas in the maritime domain and at the external land and air borders in order to optimise search and rescue, monitoring and patrolling activities;
Amendment 679 #
2018/0330(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point e
Article 29 – paragraph 2 – point e
(e) selective monitoring of designated pre-frontier areas at the external borders which have been identified through risk analysis and information as being potential departure or transit areas for illegal imrregular migration or cross-border crime;
Amendment 680 #
2018/0330(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point f
Article 29 – paragraph 2 – point f
(f) monitoring of migratory flows and loss of lives of migrants attempting travelling towards and within the Union;
Amendment 684 #
2018/0330(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point g
Article 29 – paragraph 2 – point g
(g) media monitoring, open source intelligence and analysis of internet activities in line with Directive (EU) 2016/680 of the European Parliament and of the Council42 for preventing illegal imrregular migration or cross-border crime; _________________ 42 Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 685 #
2018/0330(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point h
Article 29 – paragraph 2 – point h
(h) analysis of large-scale information systems for the purpose of detecting changing routes and methods used for illegal imrregular migration and cross-border crime.
Amendment 688 #
2018/0330(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Agency shall monitor migratory flows towards and within the Union, loss of lives as part of the migratory process, trends and other possible challenges at the external borders of the Union and with regard to return. For this purpose, the Agency shall, by a decision of the management board based on a proposal of the executive director, establish a common integrated risk analysis model, which shall be applied by the Agency and the Member States. The common integrated risk analysis model shall be updated based on the outcome of the evaluation of the multiannual Strategic policy cycle for European Integrated Border Management referred to in Article 8 (7). The Agency shall also carry out the vulnerability assessment in accordance with Article 33.
Amendment 694 #
2018/0330(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The risk analyses referred to in paragraph 2 prepared by the Agency shall cover all aspects relevant to European Integrated Border Management, including the protection of fundamental rights with a view to developing a pre-warning mechanism.
Amendment 695 #
2018/0330(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3 a. The Agency shall develop and make public its methodology and criteria for the risk analysis.
Amendment 697 #
2018/0330(COD)
Proposal for a regulation
Article 30 – paragraph 5 a (new)
Article 30 – paragraph 5 a (new)
5 a. In the results of risk analyses, data shall be anonymised.
Amendment 707 #
2018/0330(COD)
Proposal for a regulation
Article 32 – paragraph 3 – point b
Article 32 – paragraph 3 – point b
(b) support the collection of information required by the Agency for the monitoring of illegal imrregular migration and risk analyses referred to in Article 30;
Amendment 710 #
2018/0330(COD)
Proposal for a regulation
Article 32 – paragraph 3 – point e a (new)
Article 32 – paragraph 3 – point e a (new)
(e a) report regularly on the compliance with fundamental rights at the external borders and return; report also on the follow-up of any complaints involving one or more Member States;
Amendment 715 #
2018/0330(COD)
Proposal for a regulation
Article 32 – paragraph 4 a (new)
Article 32 – paragraph 4 a (new)
4 a. If the liaison officer's reports referred to in point (f) of paragraph3 raise concerns about fundamental rights compliance for the Member State concerned, the EU Ombudsman and the EU Fundamental Rights Agency will be informed without delay by Fundamental Rights Officer.
Amendment 723 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Agency shall monitor and assess the availability of the technical equipment, systems, capabilities, resources, infrastructure, adequately skilled and trained staff of Member States necessary for border control as defined in Article 3(1)(a) in fully respect of fundamental rights. In this context, the Agency shall assess the capability development plans referred to in Article 67 (4) as regards their feasibility and implementation. For future planning it shall do so as a preventive measure on the basis of a risk analysis prepared in accordance with Article 30 (2). The Agency shall carry out such monitoring and assessment at least once a year, unless the executive director, based on risk assessments or a previous vulnerability assessment, decides otherwise.
Amendment 725 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. The vulnerability assessment shall be based on objective criteria. The Management Board shall decide on the criteria.
Amendment 726 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 2 b (new)
Article 33 – paragraph 2 b (new)
Amendment 727 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Without prejudice to Articles 9 and 67, Member States shall, at the request of the Agency, provide information as regardsnecessary for the vulnerability assessment in particular as regards the state of functioning of all procedures at the border in accordance with Chapter II of Directive 2013/32/EU of the European Parliament and of the Council, technical equipment, staff and to the extent possible, the financial resources available at national level to carry out border control. Member States shall also provide information on their contingency plans on border management at the Agency's request.
Amendment 735 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 5 a (new)
Article 33 – paragraph 5 a (new)
5 a. In the vulnerability assessment, the Agency shall pay particular attention to fundamental rights.
Amendment 765 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 10
Article 33 – paragraph 10
10. Where a Member State does not implement the necessary measures of the recommendation within the time limit referred to in paragraph 7 of this Article, the executive director shall refer the matter to the management board and notify the Commission. The management board shall adopt a drecisommendation on a proposal of the executive director setting out the necessary measures to be taken by the Member State concerned and the time limit within which such measures shall be implemented. The decision of the management board shall be binding on the Member State. If the Member State does not implement the measures within the time limit foreseen in that drecisommendation, the management board shall notify the Council and the Commission and further action may be taken in accordance with Article 43.
Amendment 769 #
2018/0330(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The arrangements referred to in paragraph 2 shall cover results of the Schengen evaluation mechanism in the area of return to ensure the full awareness of the Agency on the identified shortcomings in view of enabling it to propose appropriate measures to support Member States concerned in this regarddeveloping its risk analysis reports.
Amendment 770 #
2018/0330(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) low impact level where the incidents related to illegal immigration or cross-border crime occurring at the relevant border section have an insignificant impact on border security;
Amendment 772 #
2018/0330(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) medium impact level where the incidents related to illegal immigration or cross-border crime occurring at the relevant border section have a moderate impact on border security;
Amendment 774 #
2018/0330(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) high impact level where the incidents related to illegal immigration or cross-border crime occurring at the relevant border section have a significant impact on border security;
Amendment 778 #
2018/0330(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point d
Article 35 – paragraph 1 – point d
(d) critical impact level where the incidents related to illegal immigration or cross-border crime occurring at the relevant border section have a decisive impact on border security to such an extent that they risk jeopardising the functioning of the Schengen Area.
Amendment 788 #
2018/0330(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. A Member State may request the Agency's assistance in implementing its obligations with regard to the control of the external borders and to the protection and saving of lives of migrants and refugees. The Agency shall also carry out measures in accordance with Article 42 and Article 43.
Amendment 796 #
2018/0330(COD)
Proposal for a regulation
Article 37 – paragraph 2 – point c
Article 37 – paragraph 2 – point c
(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with third countries which share a common land border with one or more Member States and which have ratified and implement in full the European Convention on Human Rights and the 1951 Convention Relating to the Status of Refugees and the1967 Protocol thereto;
Amendment 801 #
2018/0330(COD)
Proposal for a regulation
Article 37 – paragraph 2 – point d
Article 37 – paragraph 2 – point d
(d) deploy the European Border and Coast Guard standing corps in the framework of the migration management support teams, among others at hotspot areas or in controlled centres, including if necessary to provide technical and operational assistance in return activities;
Amendment 804 #
2018/0330(COD)
Proposal for a regulation
Article 37 – paragraph 2 – point e
Article 37 – paragraph 2 – point e
(e) within the framework of operations mentioned in points (a), (b) and (c) of this paragraph and in accordance with Regulation (EU) No 656/2014 and international law, provide technical and operational assistance to Member States and neighbouring third countries, in support of search and rescue operations for persons in distress at sea which may arise during border surveillance operations at sea;
Amendment 808 #
2018/0330(COD)
Proposal for a regulation
Article 37 – paragraph 3 a (new)
Article 37 – paragraph 3 a (new)
3a. An operational engagement of the Agency shall require a prior assessment, drawing on a broad range of sources, to identify if there are risks of fundamental rights violations or deficiencies in relevant civil and criminal laws procedures that would make the cooperation incompatible with legal obligations, in particular to ensure protection from refoulement and the right to an effective remedy.
Amendment 813 #
2018/0330(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. A Member State may request that the Agency launch joint operations to face upcoming challenges, including illegal imrregular migration, present or future threats at its external borders or cross-border crime, or to provide increased technical and operational assistance when implementing its obligations with regard to the control of the external borders.
Amendment 821 #
2018/0330(COD)
Proposal for a regulation
Article 39 – paragraph 3 – point d
Article 39 – paragraph 3 – point d
(d) a description of the tasks, responsibilities, including with regard to the respect for fundamental rights, and special instructions for the teams and for the officers involved in activities of the Agency, including on permissible consultation of databases and permissible service weapons, ammunition and equipment in the host Member State;
Amendment 827 #
2018/0330(COD)
Proposal for a regulation
Article 39 – paragraph 3 – point m
Article 39 – paragraph 3 – point m
(m) procedures setting out a mechanism to receive and transmit to the Agency a complaint against all persons participating in a joint operation or rapid border, including with third countries, in a rapid border intervention, migration management teams at hotspot areas, return operation or return intervention, including border guards or other relevant staff of the host Member State and members of the teams alleging breaches of fundamental rights in the context of their participation in a joint operation or rapid border intervention;
Amendment 828 #
2018/0330(COD)
Proposal for a regulation
Article 39 – paragraph 3 – point n a (new)
Article 39 – paragraph 3 – point n a (new)
(n a) detailed provisions on fundamental rights safeguards;
Amendment 829 #
2018/0330(COD)
Proposal for a regulation
Article 39 – paragraph 3 – point n b (new)
Article 39 – paragraph 3 – point n b (new)
(n b) provisions on risks of fundamental rights violations and steps taken to avoid such violations and ensure accountability for and non-repetition of such violations, including in relations to the powers to suspend and terminate an operation in accordance with Article 47.
Amendment 833 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 1
Article 41 – paragraph 1 – subparagraph 1
Migration management support teams may be deployed, at the request of a Member State, or upon the initiative of the Agency and with the agreement of the Member State concerned, to provide technical and operational reinforcement to that Member State, in particular at hotspot areas and controlled centres.
Amendment 841 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
The Member State referred to in first paragraph shall submit a request for reinforcement by migration management support teams and an assessment of its needs to the Commission. The Commission shall, based on the assessment of needs of that Member State, transmit the request to the Agency, to [the European Union Agency for Asylum], Europol, EU Agency for Fundamental Rights or other relevant Union agencies, as appropriate.
Amendment 845 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 4 – introductory part
Article 41 – paragraph 4 – introductory part
4. The technical and operational reinforcement provided, in full respect for fundamental rights, by migration management support teamsexperts deployed by the Agency as part of migration management support teams shall be strictly limited to the performance of border guard functions and may include:
Amendment 846 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 4 – point a
Article 41 – paragraph 4 – point a
(a) assistance in screeningecurity checks of third- country nationals arriving at the external borders, including the identification, registration, and debriefing of those third- country nationals and, where requested by the Member State, the fingerprinting of third-country nationals, security checks and providing information regarding the purpose of these procedures;
Amendment 848 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 4 – point b
Article 41 – paragraph 4 – point b
(b) initial information toformation on the possibility to apply for international protection and the referral of persons who wishing to apply for international protection and their referral, victims of trafficking in human beings, unaccompanied children and persons in a vulnerable situation to the competent national authorities of the Member State concerned or to the experts deployed by [the European Union Agency for Asylum] and referral of all children and families with children to child protection experts of the national authorities of the Member State or of the EU Agencies;
Amendment 852 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 4 – point b a (new)
Article 41 – paragraph 4 – point b a (new)
(b a) supporting the European Asylum Support Office in the provision of information on the asylum procedure, procedural rights and other fundamental rights, to all persons in accordance with Articles 6, 8 and12 of the Directive 2013/32/EU.
Amendment 854 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 4 – point c
Article 41 – paragraph 4 – point c
(c) technical and operational assistance in the return process, including in the preparation of return decisions, acquisition of travel documents, preparation and organisation of return operations, including with regard to voluntary returns, in full respect of fundamental rights, due process and the principle of non-refoulement;
Amendment 857 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
5. The Agency shall cooperate with the [the European Union Agency for Asylum] to facilitate measures for the referral to the procedure for international protection and, for third country nationals whose application for international protection has been rejected by means of a final decision, to the return procedure.
Amendment 859 #
2018/0330(COD)
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. Migration management support teams shall, where necessary, include staff with expertise in child protection, trafficking in human beings, protection of fundamental rights and against gender- based violence and persecution.
Amendment 883 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
the Commission, after consulting the Agency, may adopt without delay a drecisommendation by means of an implementing act in accordance with the procedure as referred to in Article 117(3), identifying measures to mitigate those risks to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures.
Amendment 891 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 3
Article 43 – paragraph 1 – subparagraph 3
Amendment 895 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 3 – introductory part
Article 43 – paragraph 3 – introductory part
3. To mitigate the risk of putting in jeopardy the Schengen area, the Commission decision referred to in paragraph 1 shall provide forrecommend one or more of the following measures to be taken by the Agency:
Amendment 905 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 3 – point c
Article 43 – paragraph 3 – point c
(c) coordinate activities for one or more Member States and neighbouring third countries at the external borders, including joint operations with third countries;
Amendment 908 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 3 – point e
Article 43 – paragraph 3 – point e
Amendment 911 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. The executive director shall, within two working days from the date of adoption of the Commission drecisommendation referred to in paragraph 1,
Amendment 918 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 4 – point a
Article 43 – paragraph 4 – point a
(a) determine the actions to be taken for the practical execution of the measures identified in that drecisommendation, including the technical equipment and the number and profiles of the operational staff needed to meet the objectives of that drecisommendation;
Amendment 923 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
5. The executive director and the Member State concerned shall draw up the operational plan within two working days from the date of its submission, unless the Member State concerned objects to the implementation of the Commission recommendation.
Amendment 937 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 8
Article 43 – paragraph 8
Amendment 944 #
2018/0330(COD)
Proposal for a regulation
Article 43 – paragraph 9 – subparagraph 2
Article 43 – paragraph 9 – subparagraph 2
Amendment 952 #
2018/0330(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The Agency, through its coordinating officer, may communicate its views to the host Member State on the instructions given to the teams including with regard to the protection, respect and promotion of fundamental rights. In that case, the host Member State shall take those views into consideration and follow them to the extent possible.
Amendment 955 #
2018/0330(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Members of the teams shall, in the performance of their tasks and in the exercise of their powers, pay particular attention to vulnerable persons and fully respect fundamental rights, including access to asylum procedures, and human dignity. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not discriminate against persons on grounds of sexgender, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Amendment 967 #
2018/0330(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. The executive director shall, after consulting the fundamental rights officer andBased on a recommendation by the fundamental rights officer, the executive director shall, after informing the Member State concerned, withdraw the financing of or suspend or terminate, in whole or in part, a joint operation, rapid border intervention, pilot project, migration management support team deployment, return operation, return intervention or working arrangement or suspend or terminate, in whole or in part such activities,operation carried out in the territory of a third country, or if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. The executive director shall inform the management board of such a decision. This decision shall be taken on the ground of objective and public criteria and shall be based on relevant information resulting from the Agency complaints mechanism, serious incident reports, and the reports of the Agency liaison Officer posted in the host Member State as well as material originating from EU institutions and EU Agencies, agencies of the United Nations or Council of Europe bodies and reputable national and international non governmental organisations.
Amendment 976 #
2018/0330(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
The executive director shall evaluate the results of the joint operations and rapid border interventions, pilot projects, migration management support team deployments, return operations, return interventions and operational cooperation with third countries. With regard to the respect of fundamental rights, the executive director shall take the opinion of the Fundamental Rights Officer into account. He or she shall transmit detailed evaluation reports within 60 days following the end of those activities to the management board, together with the observations of the fundamental rights officer. The executive director shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future activities, and shall include that analysis in the Agency's annual activity report.
Amendment 981 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 1 – introductory part
Article 49 – paragraph 1 – introductory part
1. The Agency shallmay, with regard to return, and in accordance with the respect for fundamental rights, in particular the principle of non-refoulement, and general principles of Union law as well as for international law, including refugee protection and children's rights, in particular:
Amendment 982 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point a
Article 49 – paragraph 1 – point a
(a) provide technical and operational assistance to Member States in the return of third country nationals, including the preparation of return decisions, the identification of third country nationals and other pre-return and return-related activities of the Member States, including voluntary departures, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countrieforced return monitors and other relevant stakeholders;
Amendment 987 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point a a (new)
Article 49 – paragraph 1 – point a a (new)
(aa) coordinate at technical and operational level assisted voluntary returns from the Member States, providing assistance during the pre- departure, travel and post-arrival phase, taking into account the needs of vulnerable migrants;
Amendment 991 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point b
Article 49 – paragraph 1 – point b
(b) provide technical and operational assistance to Member States experiencing challenges with regard to return or migratory pressure, including by deploying migration management teams;
Amendment 993 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point c
Article 49 – paragraph 1 – point c
(c) develop, in consultation with the Fundamental Rights Officer and Consultative Forum, a reference model for a return case management system prescribing the structure of national return management systems, as well as provide technical and operational assistance to Member States in developing national return management systems aligned with the model;
Amendment 999 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point e
Article 49 – paragraph 1 – point e
(e) provide technical and operational assistance to the Member States in the identification of third-country nationals and the acquisition of travel documents, including by means of consular cooperation, without disclosing information relating to the fact that an application for international protection has been made or any other information that is not strictly relevant for the purpose of executing the return of the third-country national concerned; organise and coordinate return operations and provide support with voluntary departures in cooperation with the Member States;
Amendment 1002 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 2 – introductory part
Article 49 – paragraph 2 – introductory part
2. The technical and operational assistance referred to in point (b) of paragraph 1 shall include activities to help Member States carry out return procedures by the competent national authorities by providing, in particular:
Amendment 1004 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 2 – point b
Article 49 – paragraph 2 – point b
(b) practical information, analysis and recommendations on third countries of return relevant for the implementation of this Regulation, including the information concerning the fundamental rights situation, in cooperation, where appropriate, with other Union bodies, offices and agencies, including EASOuropean Union Office for Asylum and the Agency for Fundamental Rights;
Amendment 1010 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 2 – point c
Article 49 – paragraph 2 – point c
(c) advice on and technical and operational assistance in the implementation and management of return procedures in compliance with Directive 2008/115/EC, including in the preparation of return decisions, in identification and in the acquisition of travel documents;
Amendment 1012 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 2 – point d
Article 49 – paragraph 2 – point d
(d) advice on and assistance in measures that are legitimate, proportionate and necessary to ensure the availability of returnees for return purposes and to prevent returnees from absconding, and advice on alternative to detention, in accordance with Directive 2008/115/EC and international law;
Amendment 1015 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 2 – point e
Article 49 – paragraph 2 – point e
(e) equipment, capacities and expertise for the implementation of return decisions and for the identification of third-country nationals.
Amendment 1017 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
Amendment 1023 #
2018/0330(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
In particular, the Agency shall set up, operate and maintain a central system for processing all information and data, automatically communicated by the Member States’ national return management systems, necessary for the Agency to provide technical and operational assistance in accordance with Article 49.
Amendment 1026 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Without entering into the merits of return decisions, the Agency shall provide technical and operational assistance and ensure the coordination or the organisation of return operations, including through the chartering of aircraft for the purpose of such operations or organising returns on scheduled flights. The Agency may, on its own initiative coordinate or organise return operations.
Amendment 1033 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
1 a. The Agency shall not coordinate, organise or propose return operations to third countries where risks of fundamental rights violations or serious deficiencies in relevant civil and criminal laws and procedures have been identified through risk analyses, or reports from the Fundamental Rights Officer, EU agencies, human rights bodies, intergovernmental and non-governmental organisations.
Amendment 1035 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
Amendment 1038 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 2 a (new)
Article 51 – paragraph 2 a (new)
2 a. Operational plans for all Agency supported and coordinated return operations and interventions shall be agreed between, and be binding upon, the Agency, the participating Member States and participating third countries in all return operations and return interventions, on the proposal of the Executive Director. Operational plans shall be drafted in line with Article 15 and shall cover all aspects necessary for carrying out the return operation, including inter alia, procedures for monitoring, reporting and complaints mechanism, and detailed provisions on the implementation of fundamental rights and rule of law safeguards, with reference to relevant standards and codes of conduct.
Amendment 1040 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 3
Article 51 – paragraph 3
3. The Agency may provide technical and operational assistance and, either at the request of the participating Member States or on its own initiative, ensure the coordination or the organisation of return operations for which the means of transport and forced-return escorts are provided by a third country of return (‘collecting return operations’). The participating Member States and the Agency shall ensure that the respect for fundamental rights, the principle of non- refoulement, and the proportionate use of means of constraints dignity of the returnee are guaranteed during the entire return operation. At least one Member State representative, and one forced-return monitor from the pool established under Article 52 or from the national monitoring system of the participating Member State, shall be present throughout the entire return operation until arrival at the third country of return.
Amendment 1043 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 5 – subparagraph 2
Article 51 – paragraph 5 – subparagraph 2
Every return operation shall be monitored in accordance with Article 8(6) of Directive 2008/115/EC. The monitoring of forced-return operations shall be carried out by the forced-return monitor on the basis of objective and transparent criteria and shall cover the whole return operation from the pre-departure phase until the hand-over of the returnees in the third country of return. The forced-return monitor shall submit a report on each forced-return operation to the executive director, the fundamental rights officer the EU Ombudsman and to the competent national authorities of all the Member States involved in the given operation. If necessary, appropriate follow- up shall be ensured by the executive director and competent national authorities respectively.
Amendment 1044 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 5 – subparagraph 3
Article 51 – paragraph 5 – subparagraph 3
If the Agency has concerns regarding the respect of fundamental rights duringof a return operation, it shall communicate them to the participating Member States, to the EU Ombudsman, to the EU Agency for Fundamental Rights and to the Commission.
Amendment 1050 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 7
Article 51 – paragraph 7
7. The Agency shall finance or co- finance return operations from its budget, in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member State, or from hotspot areas or controlled centres.
Amendment 1053 #
2018/0330(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. The Agency shall, after consultingtaking into account the recommendation by the fundamental rights officer, constitute a sub-pool of forced-return monitors fromas part of the standing corps referred to in Article 55. It shall be composed of forced-return monitors from a competent bodiesy who carryies out independent forced- return monitoring activities in accordance with Article 8(6) of Directive 2008/115/EC and who have been trained in accordance with Article 62 of this Regulation. A specific and adequate budget should be provided to the responsible body. Forced return monitors shall also report to the Agency, including the Fundamental Rights Officer.
Amendment 1056 #
2018/0330(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The management board shall, on a proposal of the executive director determine the profile and the number of forced-return monitors to be made available to that sub-pool. The same procedure shall apply with regard to any subsequent changes in the profile and overall numbers. Member States shall be responsible for contributing to the pool by nominating forced-return monitors corresponding to the defined profile. Forced-return monitors with specific expertise in child protection shall be included in the pool.
Amendment 1057 #
2018/0330(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
Amendment 1065 #
2018/0330(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. The Agency may deploy return teams either at the request of a Member State or on its own initiative, during return interventions, in the framework of migration management teams or as necessary to provide additional technical and operational assistance in the area of return, including where such challenges are linked to large inward mixed migratory flows or taking in third-country nationals rescued at seaif necessary to provide additional technical and operational assistance in the area of return. Only border guards, experts and staff who have received training in accordance with Article 62 of this Regulation shall be deployed to an activity by the Agency.
Amendment 1070 #
2018/0330(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. In circumstances where a Member State is facing a burden when implementing the obligation to return third- country nationals who are the subject of return decisions issued by a Member State, the Agency shall, either on its own initiative or upon request of that Member State and in duly justified circumstances, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist of the deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State. At least a Member State representative and a forced return monitor from the pool established under Article 28 shall be present throughout the entire return intervention until arrival at the third country of return.
Amendment 1078 #
2018/0330(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 1081 #
2018/0330(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. In circumstances where a Member State is facing specific and disproportionate challenges when implementing its obligation to return third- country nationals who are the subject of return decisions, the Agency shall, either on its own initiative or upon the request of thatupon the request of that Member State, and following a thorough fundamental rights and rule of law impact assessment based on a broad range of sources which shall involve the Fundamental Rights Officer, including all relevant information on the fundamental rights and rule of situation in the Member State concerned, provide the appropriate technical and operational assistance in the form of a rapid return intervention. A rapid return intervention may consist in the rapid deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State. At least a Member State representative and a forced return monitor from the pool established under Article 28 shall be present throughout the entire rapid return intervention until arrival at the third country of return.
Amendment 1087 #
2018/0330(COD)
Proposal for a regulation
Article 55 – paragraph 1 – introductory part
Article 55 – paragraph 1 – introductory part
1. A European Border and Coast Guard standing corps of 10 000 operational staff shall be part of the Agency. This standing corps shall be composed of the following threefour categories of staff in accordance with the annual availability scheme set in Annex I:
Amendment 1090 #
2018/0330(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point a a (new)
Article 55 – paragraph 1 – point a a (new)
(a a) Category1a: independent operational staff members of the Agency, reporting directly to the Fundamental Rights Officer, recruited in accordance with Article 94(1) and tasked with monitoring the fundamental rights compliance of all activities and operations of the Agency at the external borders and as part of return operations and activities;
Amendment 1094 #
2018/0330(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The Agency shall deploy members of the European Border and Coast Guard standing corps as members of the border management teams, migration management support teams, return teams in joint operations, including forced-return monitors, rapid border interventions or return interventions or any other relevant operational activities in the Member States or in third countries.
Amendment 1096 #
2018/0330(COD)
Proposal for a regulation
Article 55 – paragraph 2 a (new)
Article 55 – paragraph 2 a (new)
2 a. The Agency may deploy, at the request of the Commission or at the request of a Member State, members of the European Border and Coast Guard standing corps as members of Europol teams tasked with matters relating to cross-border crime, including terrorism and smuggling of weapons or drugs.
Amendment 1103 #
2018/0330(COD)
Proposal for a regulation
Article 55 – paragraph 5
Article 55 – paragraph 5
Amendment 1107 #
2018/0330(COD)
Proposal for a regulation
Article 56 – paragraph 1 a (new)
Article 56 – paragraph 1 a (new)
1 a. The Agency shall contribute to the European Border and Coast Guard standing corps members of its statutory staff (Category1a) to be deployed to operational areas and return operations and activities, reporting directly to the Fundamental Rights Officer, tasked with monitoring the fundamental rights compliance of all activities and operations of the Agency at the external borders and as part of return operations and activities. The statutory staff belonging to Category 1a shall be independent in the performance of their duties. They shall report directly to the Fundamental Rights Officer and to the Consultative Forum. They shall have the necessary qualifications and experience in the field of fundamental rights and return monitoring.
Amendment 1109 #
2018/0330(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. In accordance with Article 62(2), following their recruitment, the new staff members shall undergo full border-guard or return-related training, as relevant, and shall undergo a full fundamental rights training, in the framework of dedicated training programmes designed by the Agency, and, based on agreements with selected Member States, implemented in their specialised academies. The cost of training shall be entirely covered by the Agency.
Amendment 1110 #
2018/0330(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Throughout their employment, the Agency shall ensure that its statutory staff members discharge their duties as team members with high standards. Adequate training maps shall be designed for each staff member ensuring their constant professional qualification to fulfil border guardfundamental rights compliance and border guard, fundamental rights monitoring or return-related tasks.
Amendment 1111 #
2018/0330(COD)
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
4. Other staff members employed by the Agency who are not qualified to perform border control, fundamental rights monitoring or return functions shall only be deployed during joint operations for coordination and other related tasks. They shall not form part of the teams.
Amendment 1115 #
2018/0330(COD)
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. By 30 June each year, each Member State shall nominate for secondment their operational staff in accordance with the specific numbers and profiles decided by the Management Board for the following year as referred to in Article 55(4). The Agency may verify whether the operational staff proposed by Member States correspond to the defined profiles and possess the necessary language skills. By 15 September, the Agency shall accept the proposed candidates or request that a Member State propose another candidate for secondmentfuse them in case of incompliance with the required profiles, lack of knowledge of fundamental rights standards, insufficient language skills, misconduct or infringement of the applicable rules during previous deployments and request that a Member State propose another candidate for secondment.
Amendment 1122 #
2018/0330(COD)
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
3. The Agency may verify whether operational staff nominated for short-term deployments by Member States correspond to the defined profiles and possess the necessary language skills. The Agency may request that a Member State removshall refuse an operational staff member from the national list in case of incompliance with the required profiles, insufficient knowledge of fundamental rights standards, insufficient linguistic skills, misconduct or infringement of the applicable rules during previous deployments and request that a Member State propose another candidate for short- term deployments.
Amendment 1130 #
2018/0330(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. By 31 June 20242, based in particular on the reports referred to in Article 65, the Commission shall carry out a mid-term review on the functioning of European Border and Coast Guard standing corps, assessing its overall number and composition. The review shall take into account the evolution of the statutory staff for the Agency's contributions or any significant changes in the individual Member States' capabilities affecting their abilities to contribute to the standing corps.
Amendment 1133 #
2018/0330(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. Subject to the agreement of the host Member State, the Agency may set up antenna offices on its territory monitor the fundamental rights compliance of operations and activities in the area of border management and return to facilitate and improve coordination of the operational activities, including in the field of returns, organised by the Agency in that Member State or in the neighbouring regionthird countries and to ensure the effective management of the human and technical resources of the Agency. The antenna offices shall be temporary establishments set up for the period of time necessary for the Agency to carry out significant operational activities in that specific Member State or the neighbouring regionthird countries concerned. That period of time may be prolonged, if necessary.
Amendment 1137 #
2018/0330(COD)
Proposal for a regulation
Article 60 – paragraph 3 – point -a (new)
Article 60 – paragraph 3 – point -a (new)
(-a) monitor the fundamental rights compliance of operations and activities in the area of border management and return and report directly to the Fundamental Rights Officer;
Amendment 1141 #
2018/0330(COD)
Proposal for a regulation
Article 60 – paragraph 3 – point i
Article 60 – paragraph 3 – point i
(i) support the Agency's liaison officer to identify any current or future challenges for the border management of the area they are responsible for or for the implementation of the return acquis, including fundamental rights challenges, and regularly report to the headquarters;
Amendment 1142 #
2018/0330(COD)
Proposal for a regulation
Article 60 – paragraph 6
Article 60 – paragraph 6
6. The Executive Director and the Fundamental Rights Officer shall report to the Management Board and to the Consultative Forum on a quarterly basis on the activities of antenna offices and on fundamental rights compliance as monitored by the antenna offices. The activities of the antenna offices shall be described in a separate section of the annual activity report referred to 98(2) point 10.
Amendment 1147 #
2018/0330(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. The Agency shall, taking into account the capability roadmap referred to in Article 9(4), where available, and in cooperation with the appropriate training entities of the Member States, and, where appropriate, EASO and the European Union Agency for Fundamental Rights, develop specific training tools, including specific training in the protection of children and other persons in a vulnerable situation. It shall provide border guards, return specialists and other relevant staff who are members of the European Border and Coast Guard standing corps with advanced training relevant to their tasks and powers. Experts from the staff of the Agency shall conduct regular exercises with those border guards and other team members in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.
Amendment 1151 #
2018/0330(COD)
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3
3. The Agency shall take the necessary initiatives to ensure that all operational staff of the Member States who participate in the teams from the European Border and Coast Guard standing corps, have received training in relevant Union and international law, including on fundamental rights, access to international protection, guidelines for the purpose of identifying persons seeking protection and directing them towards the appropriate procedures, guidelines for addressing the special needs of children, including unaccompanied minors, victims of trafficking in human being, persons in need of urgent medical assistance, and other particularly vulnerable persons and where appropriate search and rescue, prior to their participation in operational activities organised by the Agency.
Amendment 1152 #
2018/0330(COD)
Proposal for a regulation
Article 62 – paragraph 4
Article 62 – paragraph 4
4. The Agency shall take the necessary initiatives to ensure training for staff involved in return-related tasks who are allocated to the European Border and Coast Guard standing corps and the pool referred to in Article 52. The Agency shall ensure that its staff and all staff who participate in return operations and in return interventions have received training in relevant Union and international law, including on fundamental rights and access to international protection, proportionality in the use of force, access to international protection and access to referral mechanisms for vulnerable persons, prior to their participation in operational activities organised by the Agency.
Amendment 1154 #
2018/0330(COD)
Proposal for a regulation
Article 62 – paragraph 6
Article 62 – paragraph 6
6. The Agency shall also offer additional training courses and seminars on subjects related to the control of the external borders and return of third-country nationals for officers of the competent national services of Member States and where appropriate of third countries.
Amendment 1155 #
2018/0330(COD)
Proposal for a regulation
Article 62 – paragraph 7
Article 62 – paragraph 7
Amendment 1159 #
2018/0330(COD)
Proposal for a regulation
Article 62 – paragraph 8
Article 62 – paragraph 8
8. The Agency shall establish an exchange programme enabling border guards participating in its teams and staff participating in the European return intervention teams to acquire knowledge or specific know-how from experiences, fundamental rights compliance and good practices abroad by working with border guards and staff involved in return- related tasks in a Member State other than their own.
Amendment 1167 #
2018/0330(COD)
Proposal for a regulation
Article 64 – paragraph 6 – subparagraph 1
Article 64 – paragraph 6 – subparagraph 1
On a proposal of the executive director taking into account the Agency's risk analysis and the results of vulnerability assessments, the Management Board shall establish by 31 March the minimum number of items of technical equipment required to meet the needs of the Agency in the following year, in particular as regards carrying out joint operations, migration management support team deployments, rapid border interventions, activities in the area of return, including return operations and return interventions. The Agency's own equipment shall be included in the minimum number of items of technical equipment. The same decision shall establish rules relating to the deployment of technical equipment in the operational activities.
Amendment 1169 #
2018/0330(COD)
Proposal for a regulation
Article 64 – paragraph 7
Article 64 – paragraph 7
7. The technical equipment pool shall contain the minimum number of items of equipment identified as needed by the Agency per type of technical equipment. The equipment listed in the technical equipment pool shall be deployed during joint operations, migration management support team deployments, pilot projects, rapid border interventions, return operations or return intervenoperations.
Amendment 1173 #
2018/0330(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. The Agency shall proactively monitor and contribute to research and innovation activities relevant for European Integrated Border Management including the use of advanced surveillance technology, taking into account the capability roadmap referred to in Article 9 (4). The Agency shall disseminate the results of that research to the European Parliament, to the Member States and to the Commission in accordance with Article 50. It may use those results as appropriate in joint operations, rapid border interventions, return operations and return interventions.
Amendment 1175 #
2018/0330(COD)
Proposal for a regulation
Article 66 – paragraph 4
Article 66 – paragraph 4
4. The Agency may plan and, subject to approval by the European Parliament and the Council, implement pilot projects regarding matters covered by this Regulation.
Amendment 1176 #
2018/0330(COD)
Proposal for a regulation
Article 66 – paragraph 4 a (new)
Article 66 – paragraph 4 a (new)
4 a. The Agency shall make public all its research projects, including demonstration projects, the cooperation partners involved and the project budget.
Amendment 1177 #
2018/0330(COD)
Proposal for a regulation
Article 66 – paragraph 4 b (new)
Article 66 – paragraph 4 b (new)
4 b. The Agency shall ensure lobby transparency by disclosing all its meetings with third party stakeholders.
Amendment 1183 #
2018/0330(COD)
Proposal for a regulation
Article 67 – paragraph 4 – subparagraph 2
Article 67 – paragraph 4 – subparagraph 2
The national capability development plan shall address in particular the recruitment and training policy of the border guards and return specialists, the recruitment and training policy of independent fundamental rights and return monitors, the acquisition and maintenance of equipment and the necessary research and development activities and the corresponding financial aspects.
Amendment 1202 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k a (new)
Article 69 – paragraph 1 – subparagraph 2 – point k a (new)
(k a) Office of the United Nations High Commissioner for Refugees
Amendment 1203 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k b (new)
Article 69 – paragraph 1 – subparagraph 2 – point k b (new)
(k b) Office of the United Nations High Commissioner for Human Rights
Amendment 1204 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2 – point k c (new)
Article 69 – paragraph 1 – subparagraph 2 – point k c (new)
(k c) the Commissioner for Human Rights of the Council of Europe.
Amendment 1210 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Cooperation referred to in paragraph 1 shall take place within the framework of working arrangements concluded with the entities referred to in paragraph 1. Such arrangements shall have received the Commission's prior approval. In every case, the Agency shall inform the European Parliament of any such arrangements and make them public on its website.
Amendment 1214 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 5
Article 69 – paragraph 5
5. The Union institutions, bodies, offices, agencies and international organisation and agencies referred to in paragraph 1, shall use information received from the Agency only within the limits of their competences and insofar as they respect fundamental rights, including data protection requirements. OAny onward transmission or other communicationdisclosure of personal data processed by the Agency to other Union institutions, bodies, offices and agencies shallmay only take place if there is a legal basis in Union law, and it shall not lead to the processing of personal data for other incompatible purposes pursuant to Article 6 of Regulation (EU) 2018/1725, be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval of the European Data Protection Supervisor. Any transfer of personal data by the Agency shall be in line with the data protection provisions laid down in Articles 87 to 90 and with Regulation (EU) 2018/1725. As regards the handling of classified information, those arrangements shall provide that the Union institution, body, office, agency or international organisation or agency concerned shall comply with security rules and standards equivalent to those applied by the Agency.
Amendment 1217 #
2018/0330(COD)
Proposal for a regulation
Article 70 – paragraph 1 – introductory part
Article 70 – paragraph 1 – introductory part
1. Without prejudice to EUROSUR, the Agency shall, in cooperation with the European Fisheries Control Agency and the European Maritime Safety Agency, support national authorities carrying out coast guard functions at national and Union level and, where appropriat, including search and rescue, at international and Union level by:
Amendment 1218 #
2018/0330(COD)
Proposal for a regulation
Article 70 – paragraph 1 – point b
Article 70 – paragraph 1 – point b
Amendment 1220 #
2018/0330(COD)
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The precise forms of cooperation on coast guard functions between the Agency, the European Fisheries Control Agency and the European Maritime Safety Agency shall be determined in a working arrangement, in accordance with their respective mandates and the financial rules applicable to those agencies. Such an arrangement shall be approved by the management board of the Agency and the administrative boards of the European Maritime Safety Agency and the European Fisheries Control Agency. The agencies shall use information received in the context of their cooperation only within the limits of their legal framework and in compliance with fundamental rights, including data protection requirements.
Amendment 1225 #
2018/0330(COD)
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. In line with Article 3 (g), the Member States and the Agency shall cooperate with neighbouring third Countries for the purpose of integrated border management and migration policy, including returns.
Amendment 1228 #
2018/0330(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. Based on the policy priorities set out in accordance with Article8 (4), the Agency shall provide technical and operational assistance to neighbouring third countries within the framework of the external action policy of the Union, including with regard to the protection of fundamental rights and the principle of non-refoulement.
Amendment 1232 #
2018/0330(COD)
Proposal for a regulation
Article 73 – paragraph 3 a (new)
Article 73 – paragraph 3 a (new)
3 a. Member States shall ensure that personal data transferred or disclosed to third countries or international organisations is only processed for the purposes for those it was transferred or disclosed, and that data subjects can exercise their rights also in those third countries or in relation to those international organisations. For this, Member States shall in the bilateral or multilateral agreements with third countries or in working arrangements with international organisations include legally binding and enforceable assurances, pursuant to points 2(a) or 3(b) of Article 46 of Regulation (EU) 2018/679. Where no such agreements or arrangements exist pursuant to paragraph 1, Member States shall not transfer or disclose any personal data to the third countries or international organisations.
Amendment 1234 #
2018/0330(COD)
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. When doing so, it shall act within the framework of the external action policy of the Union, including with regard to the protection of fundamental rights and the principle of non-refoulement, the prohibition of arbitrary detention and the prohibition of torture, inhuman or degrading treatment or punishment, with the support of, and in coordination with, Union delegations and, where relevant, CSDP missions and operations.
Amendment 1237 #
2018/0330(COD)
Proposal for a regulation
Article 74 – paragraph 3
Article 74 – paragraph 3
3. In circumstances requiring the deployment of border management and returnfundamental rights monitoring teams from the European Border and Coast Guard standing corps to a third country where the team members will exert executive powers, a, a status agreement shall be concluded by the Union with the third country concerned. A status agreement shallmay only be concluded by the Union with the third country concerned. The status agreement shall cover all aspects that are necessary for carrying out the actions. It shall in particular set out the scope of the operation, civil and criminal liability and the tasks and powers of the members of the teams. The status agreement shall ensure the full respect of fundamental rights during these operations following a thorough fundamental rights impact assessment based on a broad range of sources which shall involve the Fundamental Rights Officer, including all relevant information on the fundamental rights situation in the country concerned. The status agreement shall cover all aspects that are necessary for carrying out the actions. It shall in particular set out the scope of the operation, civil and criminal liability and the tasks and powers of the members of the teams and measures ensuring the operationalisation of fundamental rights safeguards, the fundamental rights strategy in line with Article 81and the code of conduct in line with Article 82. The status agreement shall ensure the full respect of fundamental rights during these operations. Operations shall be carried out on the basis on an operational plan agreed also by the Member State bordering the operational area. The participation of Member States in joint operations on the territory of third countries shall be on a voluntary basis. No Agency statutory staff with executive powers shall be part of the border management teams or return teams deployed to a third country.
Amendment 1246 #
2018/0330(COD)
Proposal for a regulation
Article 74 – paragraph 5
Article 74 – paragraph 5
5. The Agency shall contribute to the implementation of international agreements and of non-legally binding arrangements on returnformal readmission agreements concluded by the Union with third countries within the framework of the external action policy of the Union and regarding matters covered by this Regulation. The Agency shall not organise, coordinate or support return operations from the territory of third countries to other third countries.
Amendment 1248 #
2018/0330(COD)
Proposal for a regulation
Article 74 – paragraph 6
Article 74 – paragraph 6
6. The Agency may benefit from Union funding in accordance with the provisions of the relevant instruments supporting in and in relation to third countries. ISubject to the approval of the European Parliament, and following a thorough fundamental rights impact assessment, it may launch and finance technical assistance projects in third countries regarding matters covered by this Regulation and in accordance with the financial rules applicable to the Agency.
Amendment 1249 #
2018/0330(COD)
Proposal for a regulation
Article 74 – paragraph 7
Article 74 – paragraph 7
7. The Agency shall inform the European Parliament of activities conducted pursuant to this Article. The Agency shall publish all agreements, working agreements, pilot projects and technical assistance projects with third countries on its website. The Agency shall report to the European Parliament at least every three months on its cooperation with third countries. A detailed assessment of the cooperation with third countries, including detailed information on compliance with fundamental rights and international protection, shall be included into the annual report of the Agency.
Amendment 1250 #
2018/0330(COD)
Proposal for a regulation
Article 74 – paragraph 8 a (new)
Article 74 – paragraph 8 a (new)
8 a. The Agency shall ensure that information transferred or disclosed to third countries or international organisations is only processed for the purposes for those it was transferred or disclosed, and that data subjects can exercise their rights also in those third countries or in relation to those international organisations. For this, the Agency shall in the working arrangements with third countries pursuant to paragraph 4 or in working arrangements with international organisations include legally binding and enforceable assurances, pursuant to points 2(a) or 3(b) of Article 48 of Regulation (EU)2018/1725. Where no such working arrangements exist pursuant to paragraph 2, the Agency shall not transfer or disclose any personal data to the third countries.
Amendment 1252 #
2018/0330(COD)
Proposal for a regulation
Article 75 – paragraph 2
Article 75 – paragraph 2
2. The Agency shall have the possibility of carrying out actions at the external borders of a neighbouring third country, subject to the agreement of that third country, including on the territory of that third country.
Amendment 1256 #
2018/0330(COD)
Proposal for a regulation
Article 75 – paragraph 4
Article 75 – paragraph 4
Amendment 1260 #
2018/0330(COD)
Proposal for a regulation
Article 76 – paragraph 3 a (new)
Article 76 – paragraph 3 a (new)
3 a. The Agency shall ensure that information transferred or disclosed to third countries is only processed for the purposes for those it was transferred or disclosed, and that data subjects can exercise their rights also in those third countries. For this, the Agency shall in the working arrangements with third countries pursuant to paragraph 4 include legally binding and enforceable assurances, pursuant to points 2(a) or 3(b) of Article 48 of Regulation (EU)2018/1725. Where no such working arrangements exist pursuant to paragraph 2, the Agency shall not transfer or disclose any personal data to the third countries.
Amendment 1264 #
2018/0330(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. The Commission shall carry out a thorough fundamental rights impact assessment prior to the negotiation and conclusion of a status agreement referred to in Article 74(3). The Commission shall negotiate the status agreement referred to in Article 74 (3) in accordance with Article 218(3) TFEU.
Amendment 1266 #
2018/0330(COD)
Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 1
Article 77 – paragraph 2 – subparagraph 1
The Commission, after consulting the Member States and the Agency, shall draw up model provisions for the bilateral and multilateral agreements referred to in Article 71(2) and Article 73 for the exchange of information in the framework of EUROSUR as provided for in Article 76 (2). Model provisions shall include detailed measures ensuring the operationalisation of fundamental rights safeguards, the fundamental rights strategy in line with Article 81and the code of conduct in line with Article 82.
Amendment 1267 #
2018/0330(COD)
Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 2
Article 77 – paragraph 2 – subparagraph 2
The Commission, after consulting the Agency, shall draw up a model for the working arrangements referred to in Article 74. Such model shall include detailed measures ensuring the operationalisation of fundamental rights safeguards, the fundamental rights strategy in line with Article 81and the code of conduct in line with Article 82.
Amendment 1268 #
2018/0330(COD)
Proposal for a regulation
Article 77 – paragraph 3
Article 77 – paragraph 3
3. The Member States concerned shall notify existing bilateral and multilateral agreements referred to in Article 73 (1) to the Commission, which shall inform the European Parliament, the Council and the Agency thereof and shall verify whether their provisions comply with this Regulation.
Amendment 1269 #
2018/0330(COD)
Proposal for a regulation
Article 77 – paragraph 4
Article 77 – paragraph 4
4. Before a new bilateral or multilateral agreement referred to in Article 73 (1) is concluded, the Member State(s) concerned shall notify it to the Commission, which shall inform the European Parliament, the Council and the Agency thereof and shall verify whether its provisions comply with this Regulation and inform the Member State accordingly.
Amendment 1271 #
2018/0330(COD)
Proposal for a regulation
Article 77 – paragraph 6
Article 77 – paragraph 6
6. Before any working arrangements with third parties or third countries are concluded, the Agency shall notify them to the Commission and the European Parliament, which shall give itstheir prior approval. Once working arrangements are concluded, the Agency shall notify them to the Commission, which shall inform the European Parliament and the Council thereof.
Amendment 1274 #
2018/0330(COD)
Proposal for a regulation
Article 77 – paragraph 7
Article 77 – paragraph 7
7. The Agency shall notify the operational plans referred to in Article 75 (3) to the Commission and the European Parliament. The decision to deploy liaison officers to third countries in accordance with Article 78 shall be subject to receiving the prior opinion of the Commission and of the European Parliament. The European Parliament shall be kept fully informed of those activities without delay.
Amendment 1277 #
2018/0330(COD)
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
2. Within the framework of the external action policy of the Union, priority for the deployment of liaison officers shall be given to those third countries which, on the basis of a risk analysis, constitute a country of origin or transit regarding illegal imrregular migration. The Agency may receive liaison officers posted by those third countries on a reciprocal basis. The management board shall, on a proposal of the executive director, adopt the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the management board upon the opinion of the Commission. Liaison officers shall only be deployed to third countries in which border management, migration and asylum practices comply with human rights standards.
Amendment 1284 #
2018/0330(COD)
Proposal for a regulation
Article 78 – paragraph 3
Article 78 – paragraph 3
3. The tasks of the Agency's liaison officers shall include, in compliance with Union law and respecting fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against illegal immigration and the return of returneeto promoting fundamental rights in these areas, including by providing technical assistance in identification of third-country nationals and the acquisition of travel documents. Those liaison officers shall coordinate closely with Union delegations and, where relevant, CSDP miss shall contribute to assessing the fundamental rights impact of EBCG operations and cooperation with third countries.
Amendment 1288 #
2018/0330(COD)
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
1. The Agency may, with the agreement of the Member States concerned, invite observers of Union institutions, bodies, offices, agencies or international organisations and CSDP missions and operations to participate in its activities, in particular joint operations and pilot projects, risk analysis and training, to the extent that their presence is in accordance with the objectives of those activities, may contribute to the improvement of cooperation and the exchange of best practices, and does not affect the overall safety and security, security and fundamental rights compliance of those activities. The participation of those observers in risk analysis and training may take place only with the agreement of the Member States concerned. As regards joint operations and pilot projects, the participation of observers shall be subject to the agreement of the host Member State. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive appropriate training from the Agency prior to their participation.
Amendment 1291 #
2018/0330(COD)
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The Agency may, with the agreement of the Member States concerned, invite observers from third countries to participate in its activities at the external borders referred to in Article 37 , return operations referred to in Article 51, return interventions referred to in Article 54 and trainingtraining activities referred to in Article 62, to the extent that their presence is in accordance with the objectives of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety of those activities. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 37, 43, 51 and 62 and nor the safety and access to the right of asylum of third country nationals. The participation of those observers may take place only with the agreement of the host Member State regarding those referred to in Articles 37 and 54s. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive appropriate training from the Agency prior to their participation. They shall be required to adhere to the codes of conduct of the Agency while participating in its activities.
Amendment 1293 #
2018/0330(COD)
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1
Article 80 – paragraph 1 – subparagraph 1
The Agency shall take over and operate the database False and Authentic Documents Online (FADO) established by Council Joint Action 98/700/JHA of 3 December 1998 which is a database that shall contain information on genuine travel and residence documents issued by Member States, third countries, territorial entities, international organisations and other entities subjects of international law and on falsifications thereof. The FADO system shall not contain any personal data.
Amendment 1294 #
2018/0330(COD)
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 1
Article 81 – paragraph 1 – subparagraph 1
The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter, and relevant international law — including the 1951 Convention Relating to the Status of Refugees, the Convention on the Rights of the Child the 1967 Protocol thereto and obligations related to access to international protection, in particular the principle of non-refoulement.
Amendment 1296 #
2018/0330(COD)
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. In performing of its tasks, the European Border and Coast Guard shall ensure that no person is disembarked in, forced to enter, conducted to, or otherwise handed over or returned to, the authorities of a country where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution, or other inhuman or degrading treatment or punishment, or where his or her life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion in contravention of the principle of non-refoulement, or from which there is a risk of expulsion, removal, extradition or return to another country in contravention of that principle.
Amendment 1298 #
2018/0330(COD)
Proposal for a regulation
Article 81 – paragraph 3 – subparagraph 1
Article 81 – paragraph 3 – subparagraph 1
In performing of its tasks the European Border and Coast Guard shall take into account and address the rights and the special needs of children, unaccompanied minors, persons with disabilities, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 1300 #
2018/0330(COD)
Proposal for a regulation
Article 81 – paragraph 4
Article 81 – paragraph 4
4. In performing all its tasks, including the further development and implementation of an effective mechanism to monitor the respect for fundamental rights, in its relations with Member States and in its cooperation with third countries, the Agency shall take into account the reports of the consultative forum referred to in Article 70 and the fundamental rights officer.
Amendment 1302 #
2018/0330(COD)
Proposal for a regulation
Article 81 – paragraph 4 a (new)
Article 81 – paragraph 4 a (new)
4 a. The Agency shall include a detailed programme for the further development and implementation of the Fundamental Rights Strategy in its annual and multiannual work programme and report on it in its annual activity report.
Amendment 1306 #
2018/0330(COD)
Proposal for a regulation
Article 83 – paragraph 2
Article 83 – paragraph 2
2. While performing their tasks and exercising their powers, members of the teams shall comply with Union and international law and shall observeensure at all times fundamental rights and observe the national law of the host Member State.
Amendment 1310 #
2018/0330(COD)
Proposal for a regulation
Article 83 – paragraph 4 – subparagraph 1
Article 83 – paragraph 4 – subparagraph 1
Members of the teams deployed from the Agency’s statutory operational staff or deployed following secondment for a long- term duration to the Agency by the Member States shall wear, where appropriate, the uniform of the European Border and Cost Guard standing corps and a visible personal identification while performing their tasks and exercising their powers. Members of the teams deployed from Member States for a short duration shall wear, where appropriate, their own uniform their own uniform and a visible personal identification while performing their tasks and exercising their powers.
Amendment 1312 #
2018/0330(COD)
Proposal for a regulation
Article 83 – paragraph 4 – subparagraph 2
Article 83 – paragraph 4 – subparagraph 2
All the members of the teams shall also wear visible personal identification and a blue armband with the insignias of the Union and of the Agency on their uniforms, identifying them as participating in a joint operation, migration management support team deployment, pilot project, rapid border intervention, or return operation or return intervention. For the purposes of identification vis-à-vis the national authorities of the host Member State, members of the teams shall at all times carry an accreditation document, which they shall present upon request.
Amendment 1317 #
2018/0330(COD)
Proposal for a regulation
Article 83 – paragraph 6
Article 83 – paragraph 6
6. While performing their tasks and exercising their powers, members of the teams shallmay be authorised to use force, including service weapons, ammunition and equipment, with the consent of the home Member State and the host Member State or, for the Agency's staff with the consent of the Agency, and prior to consultation with the Fundamental Rights Officer, in the presence of border guards of the host Member State and in accordance with the national law of the host Member State as well as with international human rights law, including the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and the Chapter of Fundamental Rights. The host Member State may, with the consent of the home Member State or the Agency where appropriate and prior to consultation with the Fundamental Rights Officer, authorise members of the teams to use force in the absence of border guards of the host Member State.
Amendment 1319 #
2018/0330(COD)
Proposal for a regulation
Article 83 – paragraph 7
Article 83 – paragraph 7
7. Service weapons, ammunition and equipment may be used in legitimate self- defence and in legitimate defence of members of the teams or of other persons in accordance with the national law of the host Member State, as well as with international human rights law and the Charter of Fundamental Rights.
Amendment 1322 #
2018/0330(COD)
Proposal for a regulation
Article 83 – paragraph 8 – subparagraph 1
Article 83 – paragraph 8 – subparagraph 1
For the purpose of this Regulation, the host Member State shall authorise members of the teams to consult European databases it has access to and the consultation of which is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return. The host Member State may also authorise them to consult its national databases where necessary for the same purpose. Member States shall ensure that they provide such database access in an efficient and effective manner. The members of the teams shall consult only those data which are requiredstrictly necessary for performing their tasks and exercising their powers. The host Member State shall, in advance of the deployment of the members of the teams, inform the Agency of the national and European databases which may be consulted. The Agency shall make this information available to all Member States participating in the deployment.
Amendment 1323 #
2018/0330(COD)
Proposal for a regulation
Article 83 – paragraph 8 – subparagraph 1 a (new)
Article 83 – paragraph 8 – subparagraph 1 a (new)
The host Member States authorities shall be the data controllers for the processing of any personal data collected or processed by member of the teams while performing their tasks and exercising their powers.
Amendment 1329 #
2018/0330(COD)
Proposal for a regulation
Article 85 – paragraph 1
Article 85 – paragraph 1
1. Without prejudice to Article 94, where members of the teams are operating in a host Member State, that Member State shall be liable in accordance with its national lawand the Agency shall be jointly and severally liable for any damage caused by them during their operations. Where members of the teams are operating in a third country, the Agency shall be liable for any damage caused by them during their operations.
Amendment 1331 #
2018/0330(COD)
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. Where such damage is caused by gross negligence or wilful misconduct, the host Member State or the Agency may approach the home Member State in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home Member State. Likewise if the damage is caused by gross negligence or wilful misconduct by the staff of the Agency, the host Member State may approach the Agency in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the Agency.
Amendment 1333 #
2018/0330(COD)
Proposal for a regulation
Article 85 – paragraph 4
Article 85 – paragraph 4
4. Any dispute between Member States or between a Member State and the Agency relating to the application of paragraphs 1, 2 and 3 of this Article which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with Article 273 TFEUthe Treaties.
Amendment 1336 #
2018/0330(COD)
Proposal for a regulation
Article 87 – paragraph 1
Article 87 – paragraph 1
1. The Agency shall apply [Regulation (ECU) No 45/20012018/1725] when processing personal data.
Amendment 1339 #
2018/0330(COD)
Proposal for a regulation
Article 87 – paragraph 2
Article 87 – paragraph 2
2. The management board shall take the necessary administrative measures to apply[Regulation (ECU) No 45/20012018/1725] by the Agency, including those concerning the data protection officer of the Agency.
Amendment 1342 #
2018/0330(COD)
Proposal for a regulation
Article 87 – paragraph 3
Article 87 – paragraph 3
Amendment 1345 #
2018/0330(COD)
Proposal for a regulation
Article 87 – paragraph 3 a (new)
Article 87 – paragraph 3 a (new)
3 a. Any exchange of information which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is or has been under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited. The Agency shall not disclose the fact that a person has lodged an application for international protection to a third country.
Amendment 1347 #
2018/0330(COD)
Proposal for a regulation
Article 87 – paragraph 3 b (new)
Article 87 – paragraph 3 b (new)
3 b. Onward transmission or other communication of information exchanged under this Regulation to other third countries or to third parties shall be prohibited.
Amendment 1350 #
2018/0330(COD)
Proposal for a regulation
Article 88 – paragraph 1 – introductory part
Article 88 – paragraph 1 – introductory part
1. The Agency may process personal data only where strictly necessary for the following purposes:
Amendment 1355 #
2018/0330(COD)
Proposal for a regulation
Article 88 – paragraph 1 – point b
Article 88 – paragraph 1 – point b
(b) performing its tasks of supporting Member States and third countries in pre- return and return activities, operating return management systems, as well as coordinating or organising return operations and providing technical and operational assistance to Member States and neighbouring third countries in accordance with Article 49;
Amendment 1358 #
2018/0330(COD)
Proposal for a regulation
Article 88 – paragraph 1 – point d
Article 88 – paragraph 1 – point d
Amendment 1364 #
2018/0330(COD)
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. A Member State or other Union agency providing personal data to the Agency shall determine the purpose or the purposes for which those data shall be processed as referred to in paragraph 1. The Agency may process such personal data for a different purpose which also falls under paragraph 1 only if authorised by the provider of the personal data
Amendment 1366 #
2018/0330(COD)
3. Member States and other Union agencies may indicate, at the moment of transmitting personal data, any restrictions on access to those data or use of them, in general or specific terms, including as regards their transfer, erasure or destruction. Where the need for such restrictions becomes apparent after the transfer of personal data, they shall inform the Agency accordingly. The Agency shall comply with such restrictions
Amendment 1379 #
2018/0330(COD)
Proposal for a regulation
Article 89 – paragraph 2 – point a
Article 89 – paragraph 2 – point a
(a) where exchange of information with EASO, Europol or EurojustU Asylum Agency is necessary for use in accordance with their respectiveits mandates and in accordance with Article 69;
Amendment 1384 #
2018/0330(COD)
Proposal for a regulation
Article 89 – paragraph 2 – point d
Article 89 – paragraph 2 – point d
Amendment 1387 #
2018/0330(COD)
Proposal for a regulation
Article 89 – paragraph 2 – point e
Article 89 – paragraph 2 – point e
(e) in specific cases, where the Agency becomes aware that transmission of personal data processed in the fulfilment of its tasks is strictly necessary to law enforcement authorities of the Member States is strictly necessary for the purposes of preventing, detecting, investigating or prosecuting serious crime
Amendment 1391 #
2018/0330(COD)
Proposal for a regulation
Article 89 – paragraph 3
Article 89 – paragraph 3
3. Personal data shall be deleted as soon as they have been transmitted to EASO, Europol or EurojustU Asylum Agency or to the competent authorities of Member States or used for the preparation of risk analyses. The storage period shall, in any event, not exceed 90 days after the date of the collection of those data. In the results of risk analyses, data shall be anonymised. The provisions of this paragraph shall not apply to data processed for the purpose of performing return- related tasks.
Amendment 1396 #
2018/0330(COD)
Proposal for a regulation
Article 90 – paragraph 1
Article 90 – paragraph 1
1. Where the national situational picture requires the processing of personal data, those data shall be processed in accordance with the relevant Union and national provisions on data protection. Each Member State shall designate the authority which is to be considered as controller in accordance with Article 4(7) of Regulation (EU) 2016/679 and which shall have central responsibility for the processing of personal data by that Member State. Each Member State shall notify the details of that authority to the Commission.
Amendment 1397 #
2018/0330(COD)
Proposal for a regulation
Article 90 – paragraph 2
Article 90 – paragraph 2
2. Ship and aircraft identification numbers are the only personal data that canmay be processed in the European situational and specific situational pictures.
Amendment 1400 #
2018/0330(COD)
Proposal for a regulation
Article 90 – paragraph 3
Article 90 – paragraph 3
3. Any exchangetransfer of personal data withto third countries in the framework of EUROSUR shall be strictly limited to what is absolutely necessary for the purposes of this Regulation. It shall be carried out in accordance with Regulation (EU) 2016/679, and the relevant national provisions on data protection.
Amendment 1402 #
2018/0330(COD)
Proposal for a regulation
Article 90 – paragraph 4
Article 90 – paragraph 4
4. Any exchangtransfer or disclosure of information under Article 73(2), Article 74(3) and Article 75(3) which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited.
Amendment 1403 #
2018/0330(COD)
Proposal for a regulation
Article 90 – paragraph 5
Article 90 – paragraph 5
5. Onward transmission or other communication of information exchanged under Article 73(2), Article 74(3) and Article 75(3) to other third countries or to third parties shall be prohibitedMember States and the Agency shall ensure that information transferred or disclosed to third countries pursuant to Article73(2), Article 74(3), and Article 75(3) is not transmitted onwards to other third countries or international organisations. For this: (a) Member States shall in the bilateral or multilateral agreements with third countries pursuant to Article 73 include legally binding and enforceable assurances that no data is transferred onwards, pursuant to points 2(a) or 3(b) of Article 46 of Regulation (EU) 2018/679; (b) the Agency shall in the working arrangements with third countries pursuant to Article 74(2) include legally binding and enforceable assurances that no data is transferred onwards, pursuant to points2(a) or 3(b) of Article 48 of Regulation (EU) 2018/1725. Where no such working arrangements exist pursuant to Article 74(2), the Agency shall not transfer or disclose any personal data to the third countries.
Amendment 1413 #
2018/0330(COD)
Proposal for a regulation
Article 96 – paragraph 3
Article 96 – paragraph 3
3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties. In cases referred to in Article 41 the Agency shall be liable for any damages caused by members of the teams during their operations, in particular, the damages caused by violations of fundamental rights.
Amendment 1421 #
2018/0330(COD)
Proposal for a regulation
Article 97 – paragraph 1 – point e a (new)
Article 97 – paragraph 1 – point e a (new)
(e a) a representative of the European Parliament as observer.
Amendment 1432 #
2018/0330(COD)
Proposal for a regulation
Article 100 – paragraph 1
Article 100 – paragraph 1
1. The management board shall, by 30 November each year, adopt a final programming document containing inter alia the Agency's multiannual programming and annual programming for the following year, based on a draft put forward by the executive director and endorsed by the management board. The final programming document shall be adopted after a positive opinion of the Commission, as regards the multiannual programming, after having consulted the European Parliament. If the Agency decides not to take into account elements of the opinion of the Commission, it shall provide a thorough justification. The management board shall forward the document to the European Parliament, to the Council and to the Commission without delay.
Amendment 1433 #
2018/0330(COD)
Proposal for a regulation
Article 100 – paragraph 3
Article 100 – paragraph 3
3. The multiannual programming shall set out overall strategic programming in the medium and long term, including objectives, expected results, performance indicators and resource planning, including the multiannual budget, staff and the development of the Agency's own capabilities. The multiannual programming shall set out the strategic areas of intervention and explain what needs to be done to achieve the objectives. It shall include a strategy for the monitoring and respect for fundamental rights and for relations with third countries and international organisations as well as the actions linked to that strategy.
Amendment 1435 #
2018/0330(COD)
Proposal for a regulation
Article 102 – paragraph 6
Article 102 – paragraph 6
6. Representatives of the European Union Agency for Asylum, the EU Fundamental Rights Agency and EUROPOL shall be invited to attend the meetings of the Management Board. The management board shall also invite a representative of the European Parliament. It may also invite a representative of other relevant Union institutions, bodies, offices and agencies.
Amendment 1443 #
2018/0330(COD)
Proposal for a regulation
Article 105 – paragraph 2 – subparagraph 1
Article 105 – paragraph 2 – subparagraph 1
The executive director shall be appointed by the management board on the grounds of merit and documented high-level administrative and management skills, including relevant senior professional experience in the field of management of the external-borders and return, on the proposal from the Commission referred to in paragraph 1. Before appointment, the candidates proposed by the Commission shall be invited to make a statement before the competent committee or committees of the European Parliament and answer questions put by its or their members. The European Parliament shall confirm the appointment of the Executive Director, after having heard the candidate.
Amendment 1450 #
2018/0330(COD)
Proposal for a regulation
Article 105 – paragraph 2 – subparagraph 5
Article 105 – paragraph 2 – subparagraph 5
Power to dismiss the executive director shall lie with the management board, acting on a proposal from the Commission or the European Parliament.
Amendment 1460 #
2018/0330(COD)
Proposal for a regulation
Article 106 – paragraph 1
Article 106 – paragraph 1
1. A consultative forum shall be established by the Agency to assist the executive director and the management boardAgency with independent advice in fundamental rights matters.
Amendment 1463 #
2018/0330(COD)
Proposal for a regulation
Article 106 – paragraph 2
Article 106 – paragraph 2
2. The Agency shall invite EASOthe EU Asylum Agency, the European Union Agency for Fundamental Rights, the United Nations High Commissioner for Refugees and other relevant organisations to participate in the consultative forum. On a proposal by the executive directorFundamental Rights Office, the management board shall decide on the composition of the consultative forum and the terms of the transmission of information to the consultative forum. The consultative forum shall, after consulting the management board and the executive director, define its working methods and set up its work programme.
Amendment 1464 #
2018/0330(COD)
Proposal for a regulation
Article 106 – paragraph 3
Article 106 – paragraph 3
3. The consultative forum shall be consulted on the further development and implementation of the fundamental rights strategy, on the establishment of the complaints mechanism, on codes of conduct and on common core curricula, working arrangements or other projects in cooperation with third countries, the complaint mechanism, operational plans and on common core curricula as well as for establishing the criteria referred to in Article 12 and Article 24.
Amendment 1465 #
2018/0330(COD)
Proposal for a regulation
Article 106 – paragraph 3 a (new)
Article 106 – paragraph 3 a (new)
3 a. The Agency shall inform the Consultative Forum how it has altered or not its activities as a response to reports and recommendations of the Consultative Forum and include details in its annual report.
Amendment 1466 #
2018/0330(COD)
Proposal for a regulation
Article 106 – paragraph 5
Article 106 – paragraph 5
5. Without prejudice to the tasks of the fundamental rights officer, the consultative forum shall have effective access to all information concerning the respect for fundamental rights in a timely and effective manner, including by carrying out on-the-spot visits to joint operations or rapid border interventions subject to the agreement of the host Member State, and to hotspot areas or controlled centre, pilot project, migration management support teams, return operations and or return intervention, including in third countries.
Amendment 1469 #
2018/0330(COD)
Proposal for a regulation
Article 106 – paragraph 5 a (new)
Article 106 – paragraph 5 a (new)
5 a. A Consultative Forum Secretariat shall be established to support the Consultative Forum members with administrative and substantive support. The Secretariat shall receive the resources and staff with the skills and seniority commensurate to the activities and powers of the Agency and necessary to enable the Consultative Forum to assist the Agency with independent advice in fundamental rights matters in accordance with this Article. The Secretariat shall have full control over its own budget, which shall be sufficient to carry out its mandate and proportionate to the dimensions of the Agency and to the growth of its budget.
Amendment 1471 #
2018/0330(COD)
Proposal for a regulation
Article 106 – paragraph 5 b (new)
Article 106 – paragraph 5 b (new)
5 b. Consultative Forum members with administrative and substantive support. The Secretariat shall receive the resources and staff with the skills and seniority commensurate to the activities and powers of the Agency and necessary to enable the Consultative Forum to assist the Agency within dependent advice in fundamental rights matters in accordance with this Article.
Amendment 1475 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 1
Article 107 – paragraph 1
1. A fundamental rights officer shall be appointed by the management board, based on a recommendation by the Consultative Forum. He or she shall have the tasks of contributing to the Agency's fundamental rights strategy, of monitoring its compliance with fundamental rights and of promoting its respect of fundamental rights. The fundamental rights officer shall have the necessary qualifications and, expert knowledge and professional experience in the field of fundamental rights.
Amendment 1476 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 1 a (new)
Article 107 – paragraph 1 a (new)
1 a. The fundamental rights officer shall have to power to conduct investigations into any of the activities of the Agency to verify the respect of fundamental rights. He or she shall advise the Agency by issuing formal opinions prior to any activity of the Agency under this Regulation and by issuing recommendations for improving the Agency’s fundamental rights strategy, conditions for compliance with fundamental rights and promoting respect of fundamental rights. The Fundamental Rights Officer shall also be responsible for further developing and implementing the complaint mechanism.
Amendment 1478 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 1 b (new)
Article 107 – paragraph 1 b (new)
1 b. The fundamental rights officer shall enjoy complete independence in the conduct of his or her investigations and the performance of his or her duties. He or she shall not be given any instructions nor be restricted in any way as regards the performance of the functions which, by virtue of his or her appointment, are assigned to him under this Regulation.
Amendment 1479 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 1 c (new)
Article 107 – paragraph 1 c (new)
Amendment 1482 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 2
Article 107 – paragraph 2
2. The fundamental rights officer shall be independent in the performance of his or her duties. He or she shall report directly to the management board and cooperate withto the consultative forum. The fundamental rights officer shall so report on a regular basis and as such contribute to the mechanism for monitoring fmanagement board shall ensure that action is taken with regard to recommendations of the Fundamental rRights Officer.
Amendment 1486 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 3
Article 107 – paragraph 3
3. The fundamental rights officer shall be consulted on the operational plans drawn up in accordance with Articles 39, 43, 54(4) and 75(3). He or she shall have access to all information concerning respect for fundamental rights in all the activities of the Agencyhave unlimited access to all information concerning respect for fundamental rights in all the activities of the Agency, including by carrying out on spot visit, exceptionally also unannounced, to any joint operation, rapid border intervention, pilot project, migration management support teams, return operation or return intervention, including in third countries.
Amendment 1490 #
2018/0330(COD)
3 a. The fundamental rights officer shall be assisted by a deputy fundamental rights officer. If the fundamental rights officer is absent or indisposed, the deputy fundamental rights officer shall take his or her place.
Amendment 1492 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 3 b (new)
Article 107 – paragraph 3 b (new)
3 b. The fundamental rights officer shall be provided with the resources and staff with the skills and seniority commensurate to the expansion of activities and powers of the Agency and necessary to enable him or her to effectively perform the variety of tasks in accordance with this Regulation. Any regular or extraordinary assignment of staff to the Agency shall be accompanied with the proportional allocation of staff to support the fundamental rights officer. Staff allocated to the fundamental rights officer shall report only to him or her.
Amendment 1495 #
2018/0330(COD)
Proposal for a regulation
Article 107 – paragraph 3 c (new)
Article 107 – paragraph 3 c (new)
3 c. The fundamental rights officer shall annually present a public report about the main challenges and achievements in protecting fundamental rights within the Agency. The report shall also include information on the complaints mechanism as referred to in Article 108 (9) of this Regulation.
Amendment 1500 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 1
Article 108 – paragraph 1
1. The Agency shall, in cooperation with the fundamental rights officer, take the necessary measures to set up afurther develop the complaints mechanism in accordance with this Article to monitor and ensure the respect for fundamental rights in all the activities of the Agency.
Amendment 1502 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 2
Article 108 – paragraph 2
2. Any person who is directly affected by the actions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support team deployment, joint return operation or return intervention and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions, or any party representing such a person, may submit a complaint in writing to the Agency. The fundamental rights officer shall also have the power to initiative a complaint ex officio.
Amendment 1515 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 4
Article 108 – paragraph 4
4. The fundamental rights officer shall be responsible for handling complaints received by the Agency in accordance with the right to good administration. For this purpose, the fundamental rights officer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the executive director, forward complaints concerning members of the teams to the home Member State, inform the relevant authority or body competent for fundamental rights in a Member State for further action in line with their mandate, and register and ensure the follow-up by the Agency or that Member State.
Amendment 1521 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 5 – subparagraph 2
Article 108 – paragraph 5 – subparagraph 2
Amendment 1525 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 6 – subparagraph 1
Article 108 – paragraph 6 – subparagraph 1
In the case of a registered complaint concerning a staff member of the Agency, the executive director shall ensure appropriate follow-up, in consultation with the fundamental rights officer, including disciplinary measures as necessary. The executive director shall report back within a determined timeframein writing to the fundamental rights officer as to the findings and follow-up made by the Agency in response to a complaint within one month after having received the complaint and, if necessary, every six weeks thereafter, including disciplinary measures as necessary.
Amendment 1531 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 7
Article 108 – paragraph 7
7. If a complaint is registered that concerns a team member of a host Member State or a team member from other participating Member States, including a seconded member of the teams or seconded national expert, the home Member State shall ensure appropriate follow-up, including disciplinary measures as necessary or other measures in accordance with national law. The relevant Member State shall report back to the fundamental rights officer as to the findings and follow- up made in response to the complaint within a determined time period,one month and, if necessary, at regular intervals thereafter. The Agency shall follow-up the matter if no report is received from the relevant Member State. every six weeks thereafter. In case the relevant Member State does not report back, or if the response lacks precision or insufficient follow-up, the fundamental rights officer shall inform the management board. If necessary, the Agency shall follow-up the matter by sending a letter of warning to the Member State concerned recalling the possible actions which the Agency can take if no follow-up is received to the letter.
Amendment 1540 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 9
Article 108 – paragraph 9
9. The fundamental rights officer shall report to the executive director and to the management board as to the Agency's and Member States' findings and follow-up made in response to complaints. The AgencyFundamental Rights Officer shall include information on the complaints mechanism including on received complaints, the types of fundamental rights violations, the activities of the Agency concerned, the Member State concerned and the follow- up in its annual report.
Amendment 1546 #
2018/0330(COD)
Proposal for a regulation
Article 108 – paragraph 10 – subparagraph 2
Article 108 – paragraph 10 – subparagraph 2
The Agency shall ensure that information about the possibility and procedure for making a complaint is readily available, including for vulnerable persons. The standardised complaint form shall be made available on the Agency's website and in hardcopy during all activities of the Agency, in languages that third-country nationals understand or are reasonably believed to understand and that further guidance and assistance on the complaints procedure is provided to alleged victims and on request Information tailored to children shall be provided to facilitate their access to the complaints mechanism. Complaints shall be considered by the fundamental rights officer even when they are not submitted in the standardised complaint form.
Amendment 1550 #
2018/0330(COD)
Proposal for a regulation
Article 110 – paragraph 2
Article 110 – paragraph 2
2. The Agency shall communicate on matters falling within the scope of its tasks on its own initiative. It shall make public relevant information including the annual activity report referred to in point (10j) of Article 98(2), the annual work programme, the Code of Conducts, the risks analyses, detailed descriptions of past and current joint operation, rapid border intervention, pilot project, migration management support teams, return operation or return intervention, including in third countries, working arrangements with third countries or other EU Agencies and ensure, without prejudice to Article 91, in particular that the public and any interested party are rapidly given objective, detailed, comprehensive, reliable and easily understandable information with regard to its work. It shall do so without revealing operational information which, if made public, would jeopardise attainment of the objective of operations.
Amendment 1551 #
2018/0330(COD)
Proposal for a regulation
Article 110 – paragraph 3
Article 110 – paragraph 3
3. The management board shall appoint a transparency officer and ensure that he or she is involved in a properly and timely manner in all issues which related to transparency and access to documents. After consulting the transparency officer, the management board shall lay down the practical arrangements for the application of paragraphs 1 and 2.
Amendment 1554 #
2018/0330(COD)
Proposal for a regulation
Article 111 – paragraph 14 a (new)
Article 111 – paragraph 14 a (new)
14 a. The budget, including the establishment plan, shall include sufficient financing of the Fundamental Rights Strategy and the Fundamental Rights Officer amounting to at least 1% of the overall budget.
Amendment 1556 #
2018/0330(COD)
Proposal for a regulation
Article 116 – paragraph 1 – subparagraph 1 – introductory part
Article 116 – paragraph 1 – subparagraph 1 – introductory part
By [31 May 20230] and every four years thereafter, the Commission shall carry-out an evaluation of this Regulation. The evaluation will assess in particular:
Amendment 1557 #
2018/0330(COD)
Proposal for a regulation
Article 116 – paragraph 1 – subparagraph 1 – point a
Article 116 – paragraph 1 – subparagraph 1 – point a
(a) the results achieved by the Agency having regard to its objectives, mandate and task, tasks and compliance with the Charter of Fundamental Rights;
Amendment 1558 #
2018/0330(COD)
Proposal for a regulation
Article 116 – paragraph 1 – subparagraph 2
Article 116 – paragraph 1 – subparagraph 2
The evaluation shall include a specific analysis on the way the Charter and other relevant Union law has been complied with in the application of this Regulation. This analyses shall be carried out in cooperation with the Agency for Fundamental Rights and in consultation with the Consultative Forum.
Amendment 1559 #
2018/0330(COD)
Proposal for a regulation
Article 116 – paragraph 2
Article 116 – paragraph 2
2. The Commission shall send without delay the evaluation report together withand its conclusions on the report to the European Parliament, to the Council and to the management board. The management board may issue recommendations regarding changes to this Regulation to the Commission. The evaluation report and the conclusions on the report shall be made public. The Member States and the Agency shall provide the Commission with the information necessary to draft this report.
Amendment 1563 #
2018/0330(COD)
Proposal for a regulation
Article 117 – paragraph 4
Article 117 – paragraph 4
Amendment 1590 #
2018/0330(COD)
Proposal for a regulation
Annex V – part 1 – paragraph 5
Annex V – part 1 – paragraph 5
Operational activities carried out by the Agency’s statutory operational staff shall fully respect and aim to preserve human life and human dignity. All necessary steps that can minimise the risk of injury and damage during operations shall be done. This obligation includes a general obligation for the Agency's statutory operational staff to provide clear warnings of the intention to use force unless provision of such a warning would unduly place the members of the teams at risk or would create a risk of death or serious harm to others, or would be clearly inappropriate or ineffective in the particular circumstances.
Amendment 1591 #
2018/0330(COD)
Proposal for a regulation
Annex V – part 2 – indent 1
Annex V – part 2 – indent 1
– Shall only be placed on persons who are considered to represent a danger to themselves or to others to ensure their safe detention or transportation and the safety of the Agency’s statutory operational staff and other team members. They may only be used for the shortest time possible and only when strictly necessary.
Amendment 1592 #
2018/0330(COD)
Proposal for a regulation
Annex V – part 3 – paragraph 2
Annex V – part 3 – paragraph 2
The training provided in accordance with Article 62(2) shall cover theoretical and practical aspects in relation to the prevention and the use of force. The theoretical training shall incorporate psychological training (including training in resilience and working in situations of high pressure), as well as techniques to prevent the use of force, such as negotiation and mediation. The theoretical training shall be followed by an obligatory and adequate theoretical and practical training on the use of force, weapons, ammunition and equipment and on applicable fundamental rights safeguards, including the right to dignity. The practical training, to ensure a common practical understanding and approach, shall be concluded, by a simulation relevant for the activities to be carried out during the deployment and shall include a practical simulation involving the operationalisation of fundamental rights safeguards.
Amendment 1593 #
2018/0330(COD)
Proposal for a regulation
Annex V – part 3 – paragraph 6
Annex V – part 3 – paragraph 6
Any incidents involving the use of force shall be immediately reported through the chain of command to the coordination structure relevant for each operation and to the Fundamental Rights Officer and Executive Director of the Agency. The report shall provide full details of the circumstances in which such use arose. In such circumstances, the Fundamental Rights Officer should open ex officio an investigation on fundamental rights compliance.
Amendment 1596 #
2018/0330(COD)
Proposal for a regulation
Annex V – part 3 – paragraph 10
Annex V – part 3 – paragraph 10
The Fundamental Rights Officer shall verify and provide feedback on the content of the inception and refreshment training with special regards to their fundamental rights aspects and their operationalisation in the situation where the use of force is necessary, and ensure relevant preventive techniques are included.
Amendment 1597 #
2018/0330(COD)
Proposal for a regulation
Annex V – part 3 – paragraph 11
Annex V – part 3 – paragraph 11
The Fundamental Rights Officer shall report on the respect of fundamental rights in law enforcement practice in the host Member State. This report shall be submitted to the Consultative Forum and Executive director and shall be taken into account while designing the operational plan.
Amendment 1598 #
2018/0330(COD)
Proposal for a regulation
Annex V – part 3 – paragraph 12
Annex V – part 3 – paragraph 12
The Fundamental Rights Officer shall ensure that an incidents related to the use of force, use of weapons, ammunition and equipment shall be reported without delay tothoroughly investigated and reported without delay to the Consultative Forum and the Executive Director.
Amendment 1599 #
2018/0330(COD)
Proposal for a regulation
Annex V – part 4 – paragraph 2
Annex V – part 4 – paragraph 2
The personal equipment set shall be used by all the Agency’s statutory operational staff deployed as team members of the three types of teams deployed from the European Border and Coast Guard standing corps. The Agency may also complement the personal equipment set by additional weapon, ammunition or other equipment specific for the purpose of carrying specific tasks within one or two types of teams.
Amendment 1600 #
2018/0330(COD)
Proposal for a regulation
Annex V – part 4 – paragraph 6
Annex V – part 4 – paragraph 6
Weapons, ammunition and equipment can be carried and used during operations. and may only be used as measures of last resort. Carrying or using them off duty periods is not allowed. The Agency shall establish specific rules and measures to facilitate the storage of weapons, ammunition and other equipment of the Agency’s statutory operational staff during off duty periods in secured facilities.
Amendment 158 #
2018/0248(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the Asylum, Migration and MiIntegration Fund
Amendment 173 #
2018/0248(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to support efforts to ensure a comprehensive approach to management of migration grounded on mutual trust, solidarity and responsibility sharing among Member States and Union institutions, with the objective of ensuring a common sustainable Union policy on asylum and immigration, Member States should be supported by adequate financial resources in the form of the Asylum, Migration and MiIntegration Fund (hereinafter referred to as ‘the Fund’).
Amendment 175 #
2018/0248(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The Fund should reflect the global context and commitments relevant to asylum and migration, notably the Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration. With the Sustainable Development Goals at its core, the 2030 Agenda provides a comprehensive shared framework for action that includes migration commitments and applies to the European Union, to its Member States and to its partners.
Amendment 181 #
2018/0248(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Fund should support the efficient management of migration flows, inter alia by promoting common measures in the area of asylum, including Member States’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between Member States, supporting integration strategies and a more effective legal migration policy, so as to ensure the Union’s long-term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policythe introduction of adequate channels for legal migration. The Fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection, avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmissioavenues on legal migration and to ensure sustainability of reintegration after return to third countries.
Amendment 187 #
2018/0248(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The migration crisis highlighted the need toA reform of the Common European Asylum System is needed in order to ensure that efficient asylum procedures to prevent secondary movemend rights- based asylum procedures are in place and can be accessed by asylum applicants, to provide uniform and appropriate reception conditions for applicants for international protection, uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection. At the same time, the reform wais needed to put in place a fairer and more effective system of determining Member States’ responsibility for applicants for international protection as well as a Union framework for Member States’ resettlement efforts. Therefore, it is appropriate for the Fund to provide increased support to Member States’ efforts to fully and properly implement the reformed Common European Asylum System.
Amendment 195 #
2018/0248(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Partnerships and cooperation with third countries are an essential component of Union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection. With the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the Member States of third-country nationals or stateless persons in need of international protection, expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries, helping achieve the Union’s migration policy objectives by increasing the Union’s leverage vis-à-vis third countries, and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries, the Fund should provide financial incentives to the implementation of the Union Resettlement [and Humanitarian Admission] Framework.
Amendment 198 #
2018/0248(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Considering the high levels of migration flows to the Union in the last years and the importance of ensuring the cohesion of our societies, it is crucial to support Member States’ policies for early integration of legally staying third-country nationals, including in the priority areas identified in the Action Plan on Integration of third- country nationals adopted by the Commission in 2016.
Amendment 203 #
2018/0248(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In this context, the authorities of the Member States responsible for the implementation of the Fund should be required to cooperate and establish coordination mechanisms with the authorities identified by Member States for the purpose of the management of the interventions of the ESF+ and of the ERDF and wherever necessary with their managing authorities and with the managing authorities of other Union funds contributing to the integration of third- country nationals. Through these coordination mechanisms, the relevant authorities should assess the extent to which measures implemented through the ESF+ and ERDF are contributing to the integration of third county nationals.
Amendment 210 #
2018/0248(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) It is appropriate to allow those Member States that so wish to provide in their programmes that integration actions may include immediate relatives of third- country nationals, supporting family reunification in the best interests of the child, to the extent that this is necessary for the effective implementation of such actions. The term ‘immediate relative’ should be understood as meaning spouses, partners and any person having direct family links in descending or ascending line with the third-country national targeted by the integration action, and who would otherwise not be covered by the scope of the Fund.
Amendment 214 #
2018/0248(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Considering the crucial role played by local and regional authorities and civil society organisations in the field of integration and to facilitate the direct access of these entities to funding at Union level, the Fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations, including through the use of the thematic facility and through a higher co-financing rate for these actions.
Amendment 222 #
2018/0248(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) An efficient and dignified return policy is an integral part of the comprehensive migration approach the Union and its Member States pursue. The Fund should support and encourage efforts by the Member States with a view to the effective implementation and further development of common standards on return, in particular as set out in Directive 2008/115/EC of the European Parliament and of the Council15 , and of an integrated and coordinated approach to return management. For sustainable return policies, the Fund should equally support related measures in third countries, such as the reintegration of returnees. _________________ 15 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 229 #
2018/0248(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Voluntary and enforced returns are nevertheless interlinked, with mutually reinforcing effect, and Member States should therefore be encouraged to reinforce the complementarities between these two forms of return. The possibility of removals is an important element contributing to the integrity of the asylum and legal migration systemsreturn should always take priority over enforced returns and Member States should therefore be encouraged to reinforce programmes ensuring sustainable voluntary return. The Fund should therefore support actions of Member States to facilitate and carry out removalsprogrammes for voluntary return in accordance with the standards laid down in Union law, where applicable, and with full respect for the fundamental rights and dignity of returnees.
Amendment 234 #
2018/0248(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) RFormal readmission agreements and other arrangements are an integral component of the Union return policy and a central tool for the efficient management of migration flows, as they facilitate the swift return of irregular migrants. Those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and t. Their implementation in third countries should be supported in the interests of effective return policies at national and Union level.
Amendment 239 #
2018/0248(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 241 #
2018/0248(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The employment of irregular migrants creates a pull factor for illegal migration and undermines the development of a labour mobility policy built on legal migration schemes and endangers the rights of migrant workers, making them vulnerable to rights violations and abuse. The Fund should therefore support Member States, either directly or indirectly, in their implementation of Directive 2009/52/EC of the European Parliament and of the Council16 which prohibits the employment of illegally staying third-country nationals, provides for a complaints and wage recuperation mechanism for exploited workers and provides for sanctions against employers who infringe that prohibition. _________________ 16 Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24).
Amendment 244 #
2018/0248(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The Fund should support Member States, either directly or indirectly, in their implementation of Directive 2011/36/EU of the European Parliament and of the Council17 which sets forth provisions on assistance, support and protection of victims of trafficking in human beings and of the Reception Conditions Directive 2013/33/EU (Article 25), Asylum Procedures Directive 2013/32/EU (Article 24), Qualifications Directive 2011/95/EU (Article 30) and Dublin III Regulation 604/2013 (article 32) which imposes obligations to identify and address the specific needs of asylum seekers who have been subjected to torture or other forms of serious violence. _________________ 17 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).
Amendment 249 #
2018/0248(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 255 #
2018/0248(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Measures in and in relation to third countries supported through the Fund should complement other actions outside the Union supported through the Union’s external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy in respect of the country or region in question and the Union international commitments. In relation to the external dimension, the Fund should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the Union's migration policy.
Amendment 267 #
2018/0248(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) These initial amounts should form a basis for Member States’ long-term investments. To take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally staying third-country nationals, and counter irregular migration through efficient and sustainable return policy, an additional amount should be allocated to the Member States at mid-term taking into account the absorption rates. This amount should be based on the latest available statistical data as set out in Annex I to reflect the changes in the baseline situation of Member States.
Amendment 287 #
2018/0248(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this Fund on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Fund on the ground. In order to measure the achievements of the Fund, common indicators and related targets should be established in relation to each specific objective of the Fund. Through these common indicators and financial reporting, the Commission and the Member States should monitor the implementation of the Fund, in accordance with the relevant provisions of Regulation (EU) …/2021 of the European Parliament and of the Council [Common Provisions Regulation] and this Regulation. A centralised report outlining monitoring results and implementation of AMIF actions at both local and regional, national and EU level, including specific projects and partners, should be made publicly available and communicated to the European Parliament.
Amendment 304 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The policy objective of the Fund shall be to contribute to an efficient management of migration flows in line with the relevant Union acquis and in compliance with the Union’s commitments on f, integration of third-country nationals and a common policy on asylum, in line with the relevant Union acquis and the rights and principles enshrined in the EU Charter of Fundamental rRights.
Amendment 307 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) to strengthen and develop all aspects of the Common European Asylum System, including its external dimension;
Amendment 312 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) to support and promote channels for legal migration to the Member States, including to contribute to the integration of third-country nationalsresettlement and humanitarian admission;
Amendment 315 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(b a) to contribute to the integration of third-country nationals
Amendment 319 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to contribute to countering irregular migration and ensuring effectivenescompliance with fundamental rights of return and readmission in third countries.
Amendment 323 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(c a) to ensure solidarity and a fair sharing of responsibilities among Member States.
Amendment 335 #
2018/0248(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Partnership For the purposes of the Fund, the partnership referred to in Article 6 of the Common Provisions Regulation shall include: (a) local and regional authorities; (b) economic and social partners; (c) relevant bodies representing civil society, environmental partners and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination. These partners shall be involved in the preparation, implementation, monitoring and evaluation of programmes.
Amendment 337 #
2018/0248(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The Fund shall be open to neighbouring third countries which share a common land border with one or more Member States and which have ratified and implement in full the European Convention on Human Rights and the 1951 Convention Relating to the Status of Refugees and the1967 Protocol thereto; in accordance with the conditions laid down in a specific formal agreement covering the participation of the third country to the Asylum, Migration and MiIntegration Fund, provided that the agreement:
Amendment 341 #
2018/0248(COD)
Proposal for a regulation
Article 5 – paragraph 1 – indent 2
Article 5 – paragraph 1 – indent 2
— lays down the conditions of participation in the Fund, including the application of rights guaranteed under the Refugee Convention and the Union acquis on asylum and migration, the calculation of financial contributions to the Fund and their administrative costs. These contributions shall constitute assigned revenues in accordance with Article [21(5)] of the Financial Regulation;
Amendment 342 #
2018/0248(COD)
Proposal for a regulation
Article 5 – paragraph 1 – indent 4 a (new)
Article 5 – paragraph 1 – indent 4 a (new)
- ensures that all activities by the third country comply with the Union acquis on asylum and migration and the Charter of Fundamental Rights and establishes an adequate monitoring of human rights compliance in the third country based on information provided by international mechanisms such as the Universal Periodic Review as well as a specific assessment of the human rights impact of the activities supported by the Fund.
Amendment 348 #
2018/0248(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. For the purposes of the Fund, each Member State shall ensure effective participation of social partners, relevant international organisations and non- governmental organisations in the management, programming, delivery and monitoring of programmes supported by the Fund strand under shared management.
Amendment 349 #
2018/0248(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 354 #
2018/0248(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas countries or territories linked to those states or in third countries are eligible.
Amendment 363 #
2018/0248(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) EUR 65 249 007 500 000 shall be allocated to the programmes implemented under shared management;
Amendment 366 #
2018/0248(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) EUR 4 166 05 207 500 000 shall be allocated to the thematic facility.
Amendment 368 #
2018/0248(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Member States shall allocate at least 40% of those resources to the specific objective referred to in point (a) of the first subparagraph of Article 3(2) and to point (c a NEW), at least 20% to the specific objective referred to in point (b) of the first subparagraph of Article 3(2) and at least 20% to the specific objective referred to in point (ba)new of the first subparagraph of Article 3(2). The same applies mutatis mutandis to the thematic facility.
Amendment 369 #
2018/0248(COD)
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3 b. At least 30% of the financial resources of the thematic facility in line with point (b) of paragraph 2, shall be allocated to activities carried out by local and regional authorities and at least 30% shall be allocated to activities carried out by civil society organisations.
Amendment 371 #
2018/0248(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point e
Article 9 – paragraph 1 – subparagraph 1 – point e
e) support to Member States at local, regional and national level and civil society organisations therein, contributing to solidarity and responsibility efforts; and
Amendment 381 #
2018/0248(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Commission shall establish the overall amount made available for the thematic facility under the annual appropriations of the Union budget. The Commission shall adopt financing decisions as referred to in Article [110] of the Financial Regulation for the thematic facility identifying objectives and actions to be supported and specifying the amounts for each of its components as referred to in paragraph 1. Financing decisions shall set out, where applicable, the overall amount reserved for blending operations.
Amendment 385 #
2018/0248(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The thematic facility shall in particular, support actions falling under the implementation measure 2(b) of Annex II that are implemented by the local and regional authorities or civil society organisations. In that regard, a minimum of 10% of the financial envelope of the thematic facility shall be granted under direct or indirect management to local and regional authorities implementing integration actions.
Amendment 394 #
2018/0248(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The contribution from the Union budget shall not exceed 7580 % of the total eligible expenditure of a project. Member States are encouraged to provide matching funds for activities supported by this Fund.
Amendment 400 #
2018/0248(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall ensure that the priorities addressed in its programme are consistent with, and respond to, the Union priorities and challenges in the area of migration management and are fully in line with the relevant Union acquis and agreed Union priorities. In defining the priorities of their programmes Member States shall ensure that the implementation measures set out in Annex II are adequately addressed. In that regard, Member States shall allocate a minimum of 20% of their allocated funding to the specific objective referred to in point (a) of the first subparagraph of Article 3(2).
Amendment 404 #
2018/0248(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Commission shall ensure that the European Union Agency for Asylum, the European Union Agency for Fundamental Rights and the European Border and Coast Guard Agency are associated to the process of developing the programmes at an early stage, as regards the areas of their competence. The Commission shall consult the European Border and Coast Guard Agency, the European Union Agency for Fundamental Rights and the European Union Agency for Asylum on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the Member States.
Amendment 406 #
2018/0248(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission may associate the European Union Agency for Asylum, the European Union Agency for Fundamental Rights and European Border and Coast Guard Agency in monitoring and evaluation tasks as referred to in Section 5 where appropriate in particular in view of ensuring that the actions implemented with the support of the Fund are compliant with the relevant Union acquis and agreed Union priorities.
Amendment 409 #
2018/0248(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Further to a monitoring exercise as carried out in accordance with Regulation (EU) [ ../..] [EUAA Regulation] or the adoption of recommendations in accordance with Regulation (EU) No 1053/2013 which are within the scope of this Regulation, the Member State concerned shall examine, together with the Commission, and where relevant with the European Union Agency for Asylum, the European Union Agency for Fundamental Rights and the European Border and Coast Guard Agency, how to address the findings, including any shortcomings or issues of capacity and preparedness, and shall implement the recommendations through its programme.
Amendment 419 #
2018/0248(COD)
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
9 a. Each MS shall, in addition to is allocation calculated in accordance with Article 16, receive an additional amount based on a lump sum of EUR 10.000 of each person resettled or admitted under a national humanitarian admission programme in that MS.
Amendment 441 #
2018/0248(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Member States using operating support shall comply with the Union acquis on asylum and returmigration.
Amendment 442 #
2018/0248(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall justify in the programme and in the annual performance report as referred to in Article 30 the use of operating support to achieve the objectives of this Regulation. Before the approval of the programme, the Commission shall, with the European Union Agency for Asylum, the European Union Agency for Fundamental Rights and the European Border and Coast Guard Agency in line with Article 13, assess the baseline situation in the Member States which have indicated their intention to use operating support. The Commission shall take into account the information provided by those Member States and, where relevant, the information available in the light of the monitoring exercises, as carried out in accordance with Regulation (EU) ../.. [EUAA Regulation] and Regulation (EU) No 1053/2013, which are within the scope of this Regulation.
Amendment 452 #
2018/0248(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 460 #
2018/0248(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a a (new)
Article 26 – paragraph 1 – point a a (new)
(a a) voluntary relocation;
Amendment 475 #
2018/0248(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2 a. The evaluation shall be made public and promptly communicated to the European Parliament.
Amendment 489 #
2018/0248(COD)
Proposal for a regulation
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4 a. The annual performance reports shall be published online.
Amendment 497 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 1 – point b – indent 1
Annex I – point 1 – point b – indent 1
– 3at least 40 % for asylum;
Amendment 500 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 1 – point b – indent 2
Annex I – point 1 – point b – indent 2
– 3at least 20 % for legal migration and integration;
Amendment 503 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 1 – point b – indent 2 a (new)
Annex I – point 1 – point b – indent 2 a (new)
- at least 20% to integration;
Amendment 504 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 1 – point b – indent 3
Annex I – point 1 – point b – indent 3
Amendment 507 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 2 – introductory part
Annex I – point 2 – introductory part
2. The following criteria in the area of asylum will be taken into account and shall be weighted as follows:
Amendment 509 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 2 – point a
Annex I – point 2 – point a
Amendment 514 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 2 – point a a (new)
Annex I – point 2 – point a a (new)
(a a) number of third-country nationals or stateless persons having been granted the status defined by the Geneva Convention with the meaning of Directive 2011/95/EU;
Amendment 515 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 2 – point a b (new)
Annex I – point 2 – point a b (new)
(a b) number of third-country nationals or stateless persons enjoying a form of subsidiary protection within the meaning of Directive 2011/95/EU;
Amendment 516 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 2 – point a c (new)
Annex I – point 2 – point a c (new)
(a c) number of third-country nationals or stateless persons enjoying temporary protection within the meaning of Directive 2001/55/EC;
Amendment 517 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 2 – point a d (new)
Annex I – point 2 – point a d (new)
(a d) number of third-country nationals or stateless persons enjoying a form of humanitarian protection under the national legislation of a Member State;
Amendment 518 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 2 – point b
Annex I – point 2 – point b
(b) 60 % in proportion to the number of third-country nationals or stateless persons who have applied for international protection.
Amendment 521 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 2 – point c
Annex I – point 2 – point c
(c) 10 % in proportion to the number of third-country nationals or stateless persons who are being or have been resettled in a Member State.
Amendment 524 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 3 – introductory part
Annex I – point 3 – introductory part
3. The following criteria in the area of legal migration and integration will be taken into account and shall be weighted as follows:
Amendment 527 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 3 – point a
Annex I – point 3 – point a
(a) 40% in proportion to the total number of legally residing third-country nationals in a Member State.
Amendment 530 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 3 – point b
Annex I – point 3 – point b
(b) 60% in proportion to the number of third-country nationals who have obtained a first residence permit.
Amendment 535 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 4 – introductory part
Annex I – point 4 – introductory part
4. The following criteria in the area of countering irregular migration including returns will be taken into account and shall be weighted as follows:
Amendment 537 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 4 – point a
Annex I – point 4 – point a
(a) 50% in proportion to the number of third-country nationals who do not or no longer fulfil the conditions for entry and stay in the territory of the Member State and who are subject to a final return decision under national and / or Community law, i.e. an administrative or judicial decision or act, stating or declaring the illegality of stay and imposing an obligation to return;
Amendment 538 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 4 – point b
Annex I – point 4 – point b
(b) 50% in proportion to the number of third-country nationals who have actually left the territory of the Member State following an administrative or judicial order to leave, whether undertaken voluntarily or under coercion.
Amendment 543 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 1 – point b
Annex II – point 1 – point b
(b) supporting the capacity of Member States’ asylum systems as regards infrastructures and, services where necessary; , reception conditions, access to legal aid and interpretation;
Amendment 546 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 1 – point c
Annex II – point 1 – point c
(c) enhancing solidarity and responsibility-sharing between the Member States, in particular towards those most affected by migratory flows, as well as providing support to Member States and local and regional authorities contributing to solidarity efforts;
Amendment 548 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 1 – point d
Annex II – point 1 – point d
(d) enhancing solidarity and cooperation with third countries affected by migratory flows, including through resettlement and other legal avenues to protection in the Union as well as partnership and cooperation with third countries for the purpose of managing migration.
Amendment 552 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 2 – introductory part
Annex II – point 2 – introductory part
2. The Fund shall contribute to the specific objective set out in Article 3(2)(b), by focusing on the following implementation measures:
Amendment 557 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 2 – point b
Annex II – point 2 – point b
Amendment 560 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 2 a (new)
Annex II – point 2 a (new)
2 a. The Fund shall contribute to the specific objective set out in Article 3(2)(ba)(new), by focusing on the following implementation measure: (a) promoting integration measures for the social and economic inclusion of third-country nationals, preparing their active participation in and their acceptance by the receiving society, in particular with the involvement of local or regional authorities and civil society organisations. (b) family reunification; (c) resettlement;and (d) promoting and implementing measures facilitating legal entry.
Amendment 563 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 3 – point b
Annex II – point 3 – point b
(b) supporting an integrated and coordinated approach to return management at the Union and Member States’ level, to the development of capacities for effective, dignified and sustainable return and reducing incentives for irregular migration through the establishment of adequate channels for legal migration;
Amendment 566 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 3 – point d
Annex II – point 3 – point d
(d) strengthening cooperation with third countries and their capacities to implement readmission agreements and other arrangements, andto enable sustainable returintegration.
Amendment 573 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 1 – point a
Annex III – point 1 – point a
(a) the establishment and development of national strategies in asylum, legal migration, integration, return and irregular migratio and return;
Amendment 575 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 1 – point a a (new)
Annex III – point 1 – point a a (new)
(a a) the establishment and development of local integration strategies;
Amendment 576 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 1 – point c
Annex III – point 1 – point c
(c) the development, monitoring and evaluation of policies and procedures including onthe development, collection, and exchange of information and data,alysis, dissemination of qualitative and quantitative data and statistics on migration and international protection and the development and application of common statistical tools, methods and indicators for measuring progress and assessing policy developments;
Amendment 586 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point a
Annex III – point 2 – point a
(a) providing material aid, including assistance at the border and emergency services provided by local authorities;
Amendment 587 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point b
Annex III – point 2 – point b
(b) conducting asylum procedures and ensuring access to legal aid and interpretation for asylum applicants at all stages of the procedure;
Amendment 594 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point d
Annex III – point 2 – point d
(d) establishing or improving reception accommodation infrastructure, including the possible joint with a particular focuse ofn such facilities by more than one Member Stateervices provided by local authorities;
Amendment 597 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point e
Annex III – point 2 – point e
(e) enhancing the capacity of Member Statesthe EU Asylum Agency to collect, analyse and disseminate country of origin information;
Amendment 605 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point i
Annex III – point 2 – point i
(i) establishing, developing, implementing and improving effective alternatives to detention based on individual coaching and case- management in the community, in particular in relation to unaccompanied minors and families.
Amendment 606 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point i a (new)
Annex III – point 2 – point i a (new)
(i a) early identification of victims of violence and torture and other vulnerable groups upon people's arrival to a Member State and referral to specialised services.
Amendment 609 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point i b (new)
Annex III – point 2 – point i b (new)
(i b) Delivery of qualified psycho-social and rehabilitation services to victims of violence and torture.
Amendment 614 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 – point b
Annex III – point 3 – point b
(b) development of mobility schemes to the Union, such asincluding but not limited to circular or temporary migration schemes, includingand training to enhance employability;
Amendment 620 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 – point f
Annex III – point 3 – point f
(f) assistance, including legal assistance, in relation to a change of status for third-country nationals already legally residing in a Member State, in particular in relation to the acquisition of a legal residence status defined at Union level;
Amendment 625 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 – point g
Annex III – point 3 – point g
(g) integration measures, including early integration measures such as tailored support in accordance with the needs of third-country nationals and integration programmes focusing on education, language and other training such as civic orientation courses and professional guidance;
Amendment 636 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 – point k a (new)
Annex III – point 3 – point k a (new)
(k a) building the capacity of integration services provided by local authorities, including first accommodation, counselling, shelters, housing, education and vocational trainings.
Amendment 640 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point a
Annex III – point 4 – point a
(a) infrastructure for reception or detention, including the possible joint use of such facilities by more than one Member State;
Amendment 642 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point b
Annex III – point 4 – point b
(b) introduction, development, implementation and improvement of effective alternative measures to detention based on individual coaching and case- management in the community, in particular in relation to unaccompanied minors and families;
Amendment 644 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point d
Annex III – point 4 – point d
(d) countering incentives for irregular migration, including the employment of irregular migrants, through effective and adequate inspections based on risk assessment, the training of staff, the setting-up and implementation of mechanisms through which irregular migrants can claim back payments and lodge complaints against their employers, or information and awareness-raising campaigns to inform employers and irregular migrants about their rights and obligations pursuant to Directive 2009/52/EC53 ; _________________ 53 Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009., p. 24–32).
Amendment 647 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point e
Annex III – point 4 – point e
(e) preparation of return, including measures leading to the issuing of return decisions, the identification of third- country nationals, the issuing of travel documents and family tracing;
Amendment 649 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point f
Annex III – point 4 – point f
Amendment 651 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point h
Annex III – point 4 – point h
Amendment 653 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point j
Annex III – point 4 – point j
Amendment 657 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point k
Annex III – point 4 – point k
Amendment 659 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point l
Annex III – point 4 – point l
(l) measures aimed at raising awareness of the appropriate legal channels for immigration and the risks of illegal immigration;
Amendment 661 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point m
Annex III – point 4 – point m
Amendment 685 #
2018/0248(COD)
Proposal for a regulation
Annex VIII – part 1 – point 1 – point a
Annex VIII – part 1 – point 1 – point a
(a) Number of target group persons benefiting from information and assistance throughout the asylum procedures, disaggregated by gender, age and vulnerability;
Amendment 686 #
2018/0248(COD)
Proposal for a regulation
Annex VIII – part 1 – point 1 – point b
Annex VIII – part 1 – point 1 – point b
(b) Number of target group persons benefiting from legal assistance and representation, disaggregated by gender, age and vulnerability;
Amendment 687 #
2018/0248(COD)
Proposal for a regulation
Annex VIII – part 1 – point 1 – point c
Annex VIII – part 1 – point 1 – point c
(c) Number of vulnerable persons, victims of trafficking in human beings, and unaccompanied minors benefiting from specific assistance, disaggregated by gender, age and vulnerability.
Amendment 694 #
2018/0248(COD)
Proposal for a regulation
Annex VIII – part 3 – point 3 – introductory part
Annex VIII – part 3 – point 3 – introductory part
3. Number of returnees whose return was co-financed by the Fund as compared to the total number of returns following an order to leave, disaggregated by gender, age and vulnerability:
Amendment 696 #
2018/0248(COD)
Proposal for a regulation
Annex VIII – part 3 – point 4
Annex VIII – part 3 – point 4
4. Number of returnees who have received pre or post return reintegration assistance co-financed by the Fund, as compared to the total number of returns supported by the Fund. , disaggregated by gender, age and vulnerability: (a) persons who returned voluntarily; (b) persons who were removed.
Amendment 45 #
2018/0153(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The sharp increase of mixed migratory flows in 2015 and 2016 has put under pressure migration, asylum and border management systems and callarrivals of asylum seekers and migrants in 2015 and 2016 has shown the need for a coordinated and effective European response.
Amendment 50 #
2018/0153(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The objective of Union policy in the field of migration is to replace irregular and uncontrolled flows with safe and well-managed pathwaysand asylum should aim at ensuring safe and legal access to the Union for asylum seekers and provide for well-managed pathways for regular channels for migrant workers, students and family reunification through a comprehensive approach addressing all aspects of immigration.
Amendment 54 #
2018/0153(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Respecting human rights standardshould remains a fundamental principle of the Union in addressing the migration crisist the core of migration and asylum policies at Union level. The Union is committed to protect the human rights and fundamental freedoms of all migrants, regardless of their migratory status, in full compliance with international law.
Amendment 59 #
2018/0153(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To ensure the effective implementation of the Union policies on immigrationmigration and asylum policies in all their aspects, consistent dialogue and cooperation should be pursued with key third countries of origin and transit of migrants and asylum seekerson the global level. Such cooperation should provide for better management of immigration, including departures and returns, mobility partnerships, the development of regular channels for asylum and migration, returns and reintegration, contribute to the stabilregularisation of migrants' flowarrivals, support capacity to gather and share information, and prevent and counter migrant smuggling and trafficking in human beings, as well as ensuring asylum seekers' access to protection.
Amendment 62 #
2018/0153(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In light of the increasing demand for intelligence andquantitative data and qualitative information to support evidence-based policy making and operational responses, there is a need for immigration liaison officers to ensure that their insight and knowledge contribute fully to the establishment of a comprehensive situational picture on third countries.
Amendment 66 #
2018/0153(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The deployment of the current European Migration Liaison Officers to the key third countries of origin and transit, as called upon by the conclusions of the special meeting of the Heads of States and Governments on 23 April 2015, was a first step towards enhancing the engagement with third countries on migration-related issues and stepping up coordination with immigration liaison officers deployed by Member States. Building on this experience, longer- term deployments of immigration liaison officers by the Commission to third countries are to be foreseen to support development, implementation and to maximise the impact of Union action on migration.
Amendment 67 #
2018/0153(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The objective of this Regulation is to ensure better coordination and optimise utilisation of liaison officers deployed to third countries by Member States, the Commission and Union Agencies in order to respond more effectively to the EU priorities of prevenomoting and combatting illegal immigration and related cross- border criminality such ashuman rights- based migration and asylum policies, ensuring a better management of migration, gradually substituting irregular migration with adequate regular channels for asylum and migration, ensuring access to international protection, resettlement, humanitarian visas and other channels for asylum seekers to seek protection in the Union, and supporting management of legal migration, including for migrant workers and their families, for students and for family reunification, preventing and combatting smuggling of migrants and trafficking in human beings, facilitating dignified and human rights-based return, readmission and reintegration activities, contributing to integrated management of Union's external borders, as well as supporting management of legal immigration, including in the area of international protection, resettlement and pre-departure integration measures undertaken by Member States and the Union.
Amendment 78 #
2018/0153(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Joint deployment of liaison officers should be promoted with the aim of enhancing operational cooperation and information sharing between Member States, as well as to respond to the needs at Union level, as defined by the Steering Board. Joint deployment, by at least twohree Member States, shouldmay be supported by the Union funds whencouraging engagement and providing added value to all Member States, and in particular those with smaller or no liaison networks in third countries.
Amendment 80 #
2018/0153(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Special provisions should be made for a wider Union capacity building action for immigration liaison officers, through a development, in cooperation with relevant Union Agencies, of common core curricula and pre-deployment training courses, in particular on fundamental rights, and for supporting the reinforcement of the operational capacity of networks of immigration liaison officers.
Amendment 82 #
2018/0153(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Networks of immigration liaison officers should avoid duplicating the work of Union Agencies and other Union instruments or structures and should bring an added value to what they already achieve in terms of collecting and exchanging qualitative and quantitative information in the area of immigration, in particular by focusing on operational aspects. They should act as facilitators and providers of information from third countries to support Union Agencies in their functions and tasks, in particular where Union Agencies have not yet established coopIn particular, they should collect information on the general human rights situation in the third country on the basis of the obligations set out by Union law and internative relations with third countries. Closer cooperation between networkonal instruments in the field of human rights. They should act as facilitators and providers of immigrnformation liaison officers and relevant Union Agencies should be established to that effectfrom third countries to support Union policies.
Amendment 83 #
2018/0153(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Member States authorities should ensure that strategic and operational analytical products of the Union Agencies in relation to illegal immigration, return, cross-border criminality or international protection and resettlementnternational protection and resettlement, regular migration, irregular migration, return and reintegration and cross-border criminality effectively reach immigration liaison officers in third countries and that the information providcollected by immigration liaison officers is shared with the relevant Union Agencies – in particular the European Border and Coast Guard Agency, Europol and the European Union Asylum Agency within the scope of their respective legal frameworks.
Amendment 86 #
2018/0153(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 89 #
2018/0153(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Information collected by immigration liaison officers should support the implementation of the technical and operational European integrated border management referred to in Article 4 of the Regulation (EU) No 2016/1624 of the European Parliament and of the Council17 and contribute to the development and maintenance of the national border surveillance systems in line with Regulation (EU) No 1052/2013 of the European Parliament and of the Council18 . _________________ 17 Regulation (EU) No 2016/1624 of the European Parliament and of the Council on the European Border and Coast Guard and amending Regulation (EU) 2016/299 of the European Parliament and of the Council and repealing Regulation (EC) No 836/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1- 76). 18 Regulation (EU) No 1052/2016 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11-26).
Amendment 90 #
2018/0153(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) It should be possible to use the available resources of the Regulation (EU) No 515/2014 of the European Parliament and of the Council19 to support the activities of a European network of immigration liaison officers as well as to pursue with the deployment of joint immigration liaison officers by Member States when this would bring an added value for Union policies on migration and asylum. _________________ 19 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p.143).
Amendment 91 #
2018/0153(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Any processing and transferring of personal data by Member States within the framework of this Regulation should be conducted in accordance withfull respect of Regulation (EU) No 2016/679 of the European Parliament and of the Council20 and with the national provisions transposing Directive 2016/68021 . The Commission and Union Agencies should apply Regulation (EC) No 45/2001 of the European Parliament and of the Council22 when processing personal data. _________________ 20 Regulation (EU) No 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). 21 Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89). 22 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 008, 12.1.2001, p.1).
Amendment 93 #
2018/0153(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The processing of personal data within the framework of this Regulation should bestrictly be allowed only for the purposes of rendering assistance to returning third-country nationals and facilitating the resettlement of persons in need of international protection and implementing Union measures in respect of the admission of legal immigrants. A legal framework that recognises the role of immigration liaison officers in tor the admission to the Union of persons in need of humanitarian protection, and implementing Union measures in respect of the admission of migrants under regular migration channels, including mobility partnerships context is therefore necessaryand family reunification.
Amendment 95 #
2018/0153(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 99 #
2018/0153(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Immigration liaison officers may need to process personal data to facilitate return operintegration of returning third-country nationals. The third countries of return are not often subject to adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679, or under Article 36 of Directive (EU) 2016/680, and have often not concluded or do not intend to conclude a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 46 of Regulation (EU) 2016/679 or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. Despite the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or pursuant to the national provisions transposing Article 36 of Directive (EU) 2016/680, cover a limited number of such third countries. In the situation where such agreements do not exist, personal data should be transferred by immigration liaison officers for the purposes of implemenfacilitating the return opeintegrations of the Unionreturning third-country nationals, in line with the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 of Directive (EU) 2016/680 are met.
Amendment 101 #
2018/0153(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In the interest of the persons concerned, immigration liaison officers should only be able to process personal data of persons in need ofseeking international protection subject toor humanitarian protection, of persons who have applied for resettlement and of persons wishing to migrate legally in the Union in order to confirm their identity and nationalityprovide them with the adequate assistance in terms of pre- departure orientation and support.
Amendment 103 #
2018/0153(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Since the objectives of this Regulation, which are to optimise utilisation of immigration liaison officers deployed by Member States, Commission and EU Agencies to third countries in order to more effectively implement Union priorities regarding preventing and combatting illegal immigration, facilitatingof promoting human rights- based migration and asylum policies, ensuring a better management of migration, gradually substitute irregular migration with adequate regular channels for asylum and migration, ensuring access to international protection, resettlement, humanitarian visas and other channels for asylum seekers to seek protection in the Union, and supporting management of legal migration, including for migrant workers and their families, for students and for family reunification, preventing and combatting smuggling of migrants and trafficking in human beings, facilitating dignified and human rights-based return, readmission and reintegration activities, contributing to integrated management of Union’'s external borders, as well as supporting management of legal immigration or international protection schemesnd pre-departure integration measures undertaken by Member States and the Union, cannot be sufficiently achieved by the Member States alone but are better achieved through coordination at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 116 #
2018/0153(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) a representative of one of the Member States, deployed abroad by the immigration service , law enforcement or other competent authorities in order to establish and maintain contacts with the authorities of a third country with a view to contributing to the prevention and combating of illegal imrregular migration, the return of illegalrregularly staying third-country nationals and the management of legal immigration ;
Amendment 120 #
2018/0153(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) the liaison officers deployed abroad by the Commission in order to establish and maintain contacts with the authorities of the third country on immigration- related issues;
Amendment 123 #
2018/0153(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
(c) the liaison officers deployed abroad by the Union Agencies as referred to in their respective legal basis and dealing with immigration-related issues;
Amendment 134 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
(f) ways and means to assist the authorities in third countries in preventing illegal immigration flows originating from or transiting through their territoriesoviding the adequate orientation and support to persons being resettled or admitted for humanitarian reasons to the Union or for persons migrating to the European Union for work, studies or family reunification;
Amendment 138 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) ways and means to facilitate the dignified and human-rights compliant return, readmission and effective reintegration ;
Amendment 139 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) asylum seekers' access to effective protection in the third country and conditions of reception, including information on detention of asylum seekers and conditions of such detention;
Amendment 144 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point h a (new)
Article 3 – paragraph 2 – point h a (new)
(h a) the general human rights situation in the third country on the basis of the obligations set out by Union law and international instruments in the field of human rights;
Amendment 145 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) possible legal immigration strategies and channelsto be promoted and existing channels or channels to be developed between the Union and third countries, including resettlement, humanitarian visas and other protection tools as well as skills and labour market needsmobility partnerships, labour migration, visas for students and family reunification;
Amendment 147 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) pre-departure measures available to immigrants in countries of origin or host third countries that support successful integration upon legal arrival in Member States;
Amendment 148 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
(k) capacity, capability, political strategipractices, legislation and legal practices of third countries relevant to the issues referred to in points (a) to (j) .
Amendment 150 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Immigration liaison officers shall coordinate among themselves and with relevant stakeholders the provision of their capacity building activities, in particular on fundamental rights, to authorities and other stakeholders in third countries.
Amendment 153 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 4 – point a
Article 3 – paragraph 4 – point a
(a) establishing the identity of illegally staying third-country nationals and facilitating their return in accordance with the Directive 2008/115/EC nsuring the effective reintegration of returning third-country nationals;
Amendment 154 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 4 – point b
Article 3 – paragraph 4 – point b
(b) confirming identity and facilitating the resettlement of persons in need of international protection in the Union or the admission of persons seeking humanitarian protection in the Union by providing them with adequate pre-departure orientation, information and support;
Amendment 156 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 4 – point c
Article 3 – paragraph 4 – point c
(c) confirming identity and facilitatingfacilitating the establishment and implementation of Union measures in respect of the admission of legal immigrantsproviding for adequate channels for legal migration, including provision of information, pre-departure orientation and support for migrant workers, students and family members being admitted to the Union.
Amendment 163 #
2018/0153(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) exchange information and practical experience, in particular at meetings and via the secure web-based information exchange platform provided for in Article 9;
Amendment 166 #
2018/0153(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) attend joint specialised training courses, when appropriatein particular on fundamental rights;
Amendment 169 #
2018/0153(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) organise information sessions and training courses for members of the diplomatic and consular staff of the missions of the Member States in the third country, in particular on fundamental rights, when appropriate;
Amendment 175 #
2018/0153(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Steering Board shall be composed of one representative of each Member State, two representatives of the Commission, one representative of the European Border and Coast Guard Agency, one representative of Europol and, one representative of European Union Asylum Agency and one representative of the European Union Agency for Fundamental Rights. The Steering Board members shall be appointed on the basis of their relevant experience and expertise in managing liaison officers networks.
Amendment 188 #
2018/0153(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) support the development of capability of immigration liaison officers, including through developing common core curricula, pre-deployment training, in particular on fundamental rights, and the organisation of joint seminars on subjects as referred to in Article 3(2);
Amendment 190 #
2018/0153(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
Amendment 192 #
2018/0153(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 194 #
2018/0153(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Immigration liaison officers and members of the Steering Board shall ensure that all relevant anonymised information and statistics are uploaded and exchanged via the secure web-based information exchange platform set up and maintained by the Commissionmade public. That information shall include at least the following elements:
Amendment 197 #
2018/0153(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 198 #
2018/0153(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an updated list of immigration liaison officers deployed to third countries, including their names, locations, telephone numbers and email addresses;
Amendment 199 #
2018/0153(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
Amendment 200 #
2018/0153(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 203 #
2018/0153(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
Amendment 205 #
2018/0153(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) passenger lists for return flights to third countriefrom the Union to a third country with a view of ensuring effective access to reintegration measures for returning third-country nationals;
Amendment 206 #
2018/0153(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
(c) biometric or biographic data to confirm identity and nationality ofprovide support and orientation to third- country nationals for the purposes of legal migration admission and resettlement of third- country nationals in need of international protection.
Amendment 12 #
2017/0128(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Electronic tolling and co-operative ITS (C-ITS) applications use similar technologies and neighbouring frequency bands for short range vehicle-to-vehicle and vehicle-to-infrastructure communication. In the future, the potential for merging electronic tolling with C-ITS in the 5.9 GHz band, currently used by C- ITS, should be explored, after a thorough assessment of the possible impact on privacy and data protection and of the costs, benefits, technical barriers and possible solutions thereto.
Amendment 47 #
2017/0128(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The provisions of Regulation (EU) 2016/679 and the national laws, regulations or administrative provisions transposingDirective 2002/58/EC shall apply to personal data processed under this Directive. Directive (EU) 2016/680 shall apply to personal data processed under this Directive when the failure to pay a road fee is considered a criminal offence in the Member State where the payment is due.
Amendment 49 #
2017/0128(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Amendment 57 #
2017/0128(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Member States shall ensure that all personal data processed under this Directive are only used for the sole purpose of facilitating the cross-border exchange of information on failures to pay road fees and shall not be further processed for any other purpose, and that the data subjects have the same rights to information, access, rectification, erasure and blocking, compensation and judicial redress as provided for in Regulation (EU) 2016/679 and the national laws, regulations or administrative provisions transposing, where applicable, Directive (EU) 2016/680.
Amendment 60 #
2017/0128(COD)
Proposal for a directive
Article 9 – paragraph 1 – indent 1 a (new)
Article 9 – paragraph 1 – indent 1 a (new)
- an analysis of the impact of the application of Articles 6 and 7 of this Directive on fundamental rights, in particular the right to privacy and protection of personal data,
Amendment 63 #
2017/0128(COD)
Proposal for a directive
Annex I – paragraph 1 – subparagraph 3 – point k
Annex I – paragraph 1 – subparagraph 3 – point k
(k) validation of the chosen technical solutions vis-à-vis the Union rules protecting the freedoms and fundamental rights of individuals, including their privacy and protection of personal data . In particular, it will be necessary to ensure compliance with Regulation (EU) 2016/679 and Directive 2002/58/EC as well as, where applicable, Directive (EU) 2016/680;
Amendment 64 #
2017/0128(COD)
Proposal for a directive
Annex III – paragraph 26 a (new)
Annex III – paragraph 26 a (new)
Data protection disclaimer: In accordance with Regulation (EU) 2016/679, you have the right to request access to and rectification or erasure of personal data or restriction of processing of your personal data or to object to the processing as well as the right to data portability. You also have the right to lodge a complaint with [name and address of the relevant supervisory authority]. [If the failure to pay a road fee is considered as a criminal offence under national law: In accordance with [name of the national law applying Directive (EU) 2016/680], you have the right to request from the controller access to and rectification or erasure of personal data and restriction of processing of your personal data. You also have the right to lodge a complaint with [name and address of the relevant supervisory authority]. ]
Amendment 6 #
2016/2064(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that China is planning to contribute to the EFSI and that the Commission has said that China will not be given any quid pro quo, in particular as concerns governance; expects that transparency rules and the social and environmental criteria for investments applicable to EIB projects are fully upheld in EFSI project financing decisions;
Amendment 21 #
2016/2064(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes with interest the proposal Commission President Juncker made during his 2016 State of the Union address to give the EFSI an external element in order to mobilise between EUR 44 and 88 billion in investments in Africa and the Neighbourhood; stresses that these investments should not take the place of existing investments, must comply with the principle of policy coherence for development as well as with the additionality principle in respect to projects that are already being financed and should be targeted towards risky and, where possible, small-scale projects;
Amendment 30 #
2016/2064(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that tools of that kind shouldhave to be compatible with the principles and objectives of EU external action as set out under Article 21 TEU and Article 208 TFEU, and that compliance with those principles shouldhave to be one of the most important criteria in the assessment of the efficiency of the EFSI in reports on its implementation; stresses that the future exterior EFSI should tackle the underlying causes of migration.
Amendment 4 #
2016/2053(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for an effective post-Cotonou framework adapted toTakes the view that a post-Cotonou agreement can be an effective framework to deal with global challenges, if based on ownership by the African, Caribbean and Pacific (ACP) countries and in line withunderlines the paramount role of the Sustainable Development Goals in a global strategy for development; stresses that a revised general framework agreement, together with the different economic and trade choices taken by the ACP countries, among them regional Economic Partnership Agreements (EPAs) and other trade instrumentregimes, must support fair and sustainable trade and, ultimately, sustainable development and poverty reduction, and contain enforceable mechanism to ensure human rights observance;
Amendment 14 #
2016/2053(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the decisions on the Post-2020 relations between the ACP countries and the EU have to give satisfactory answers to problems left unsolved under the Lomé and Cotonou Conventions, adding a number of trade- related challenges such as climate change, indebtedness and an unprecedented outflow of IFF (Illicit Financial Flows),
Amendment 17 #
2016/2053(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Is convinced that a Post-2020 Framework has to be integrated in global structures of managing and delivering support for development to avoid duplication of efforts, in order to guaranty compliance with the imperative of the Sustainable Development Goals,
Amendment 20 #
2016/2053(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that thea post-Cotonou process should offer a framework within which to also discuss trade issues with all the ACP countries; calls for a strengthening of trade cooperation, with a values-driven approach, and improved Policy Coherence for Development; believes that inclusive growth, job creation, the development of the private sectors convinced that trade relations with developing countries need to be integrated in the concept of Policy Coherence for Development; believes that inclusive growth, job creation, a strong public sector, sufficient policy space for Governments, the protection of vulnerable groups, multilevel democracy, the development of the private sector, clear and transparent taxation rules, obligations for investors, improvement of domestic revenues, and regional integration must be central in a future economic partnership;
Amendment 30 #
2016/2053(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is concerned about the recent announcement by the European Commission to implement trade sanctions against ACP member countries for allowing refugees to flee their respective country; underlines its position that trade sanctions should only be implemented in case of human rights violations and not to deter refugees; (1) COM(2016) 385 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL AND THE EUROPEAN INVESTMENT BANK on establishing a new Partnership Framework with third countries under the European Agenda on Migration
Amendment 34 #
2016/2053(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for strong, legally binding sustainable development provisions; asks for the human rights 'essential elements' clause to be linked to international legislation, including recent and future ones, and remain in the future agreement so that the linkage clauses in the EPAs continue to function after 2020; is of the opinion that nevertheless the EPAs themselves must comprise effective and enforceable human rights provisions;
Amendment 49 #
2016/2053(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that civil society involvement is a must throughout the decision process on EPA ratification and possible EPA implementations, as well as of othe EPAsr trade regimes, and the post- Cotonou process; notes the importance of a renewed ACP-EU Joint Parliamentary Assembly andcalls on the Commission to ensure independent civil society participation in the formal EU-ACP relations; defends strong parliamentary oversight of the future framework; asks for results-oriented monitoring of ACP-EU cooperation, especially with regard to trade and sustainable development;
Amendment 59 #
2016/2053(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls the Financing for Development commitments; calls for the EU to ensure more and effectivadequate funding for Aid for Trade to support the ACP countries’ efforts to move up the global value chain, while the funding of the Sustainable Development Goals must not be jeopardized, underlines that any EU commitment has to be checked against the aim of not increasing public debt and reducing the existing one.
Amendment 2 #
2016/2047(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that adequate appropriations should be allocated to the trade-related budget lines to enable the Commission to pursue its ambitious trade agenda as outlined in the "Trade for all" strategy, which implies also a re-allocation of adequate resources in order to enable for better monitoring and assessments of trade agreements, in particular with regards to their contribution to the fight against poverty and adverse impacts on sustainable development and human rights, in order to ensure that the obligations of the Union and its trading partners in this regard are implemented and enforced;
Amendment 12 #
2016/2047(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that trade is an important foreign policy tool of the Union which can help to tackle migration causes if it is underpinned with the necessary financial means and implemented with respect for the principle of policy coherence for development; underlines that the funding of trade-related aid and programs for the mitigation of the refugee crisis should not be deduced from Official Development Assistance (ODA) spending;
Amendment 22 #
2016/2047(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Is concerned about the increasing recourse to guarantees and financial instruments outside the Union budget to respond to multiple crises, financed in part from the Union budget through cuts of programmes under Heading IV; insists that such funding instruments must adhere to the established criteria of aid effectiveness, such as ownership and alignments and must remain an exception and should eventually be included in the Union budget to allow for proper democratic control;
Amendment 26 #
2016/2047(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to assess and improve the existing tools aimed at promoting SME internationalisation regarding coherence with other SME support instruments such as COSME as well as subsidiarity, non-duplication and complementarity in relation to respective Member State programmes; underlines that SME funding programs need to be assessed against compliance with ILO and Human Rights standards;
Amendment 9 #
2016/2031(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Customs Union has shown that it clearly failsits insufficiency to meet the requirements of trade relations between the parties;
Amendment 10 #
2016/2031(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas in November 2016 the European Parliament passed a Resolution 2016/2993 asking for the freezing of the accession talks with Turkey due to the serious and persistent breach of the principles of liberty, democracy, respect for human rights, fundamental freedoms and the rule of law by the Turkish government in recent years, and especially since the failed coup attempt in July 2016; whereas this would entail that no new chapters would be opened and no new initiatives would be undertaken in relation to Turkey’s EU accession, including the enhancement of the Customs Union;
Amendment 17 #
2016/2031(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas according to the assessment carried out by the European Commission in its 2016 Turkey Report SWD(2016) 366, Turkey still needs to undertake substantial efforts in order to align further with the "acquis communautaire" before the modernisation of the Customs Union can become a reality;
Amendment 24 #
2016/2031(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the European Commission' 2016 Turkey Report clearly states in its Chapter 3 "Right to establishment and Freedom to provide services" that, in terms of Turkey's ability to assume the obligations of membership, preparations are at an early stage on the right of establishment and freedom to provide services and that particular efforts must be made with regards the alignment with the Services Directive on the provision of cross-border services and set up a Point of Single Contact;
Amendment 35 #
2016/2031(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 50 #
2016/2031(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
(-1) Recalls that in November 2016 the European Parliament passed Resolution 2016/2993 asking for the temporary freeze of the accession talks with Turkey due to the serious and persistent breach of the principles of liberty, democracy, respect for human rights, fundamental freedoms and the rule of law by the Turkish government in recent years, and especially since the failed coup attempt; whereas logically no new initiatives should be undertaken in relation to Turkey's EU integration, including the enhancement of the Customs Union;
Amendment 51 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Addresses, in connection with the trade negotiations between the EU and Turkey, the followConsiders that the modernisation of the Customs Union between the EU and Turkey and the negotiation of a new trade framework must be postponed to a later stage and must not be resumed until all the necessary, technical and legal conditions as assessed in the Commission annual Turkey Report are met and the political situation in Turkey has improved considerably, notably with regards to rule of law, fundamental freedoms, including precommendations to the Council and the Commissionss freedom, and human rights. When these conditions are met, the Council and the Commission will take into consideration the following recommendations:
Amendment 56 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point a – point i
Paragraph 1 – point a – point i
(i) while recognising Turkey’s strategic role due to its geographical proximity and to its historical, cultural, political and commercial ties with the EU, the development of a new trade framework has to be an integral, albeit specific, part of the EU’s global policy and, in particular, of the principles and objectives of its external action;
Amendment 61 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point a – point ii
Paragraph 1 – point a – point ii
(ii) the strengthening of trade relations between the EU and Turkey should be set against the background of the common will of the parties to share the set of values and principles laid down in the EU's founding treaties, including the Charter of Fundamental Rights, and to work together to implement them fully and comprehensively; systematic fundamentals rights checks must be established to ensure the compliance of Turkey with the European Convention of Human Rights;
Amendment 66 #
2016/2031(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Regrets that the breaches of the principles of liberty, democracy, respect for human rights, fundamental freedoms and the rule of law that led this Parliament to ask for the freezing of the accession talks still persist in Turkey; insists that no actions envisaged to accelerate the accession process, including the modernisation of the CU, should be taking place until the situation is redressed; considers that this should also include the halt of returning refugees to Turkey under the EU-Turkey Statement on Migration
Amendment 67 #
2016/2031(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7 e. Considers that, taking into account the assessment carried out by the European Commission in its 2016 Turkey Report, Turkey still needs to undertake substantial efforts in order to align further with the "acquis communautaire" before the modernisation of the Customs Union can become a reality.
Amendment 68 #
2016/2031(INI)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7 f. Concludes that the modernisation of the Customs Union between the EU and Turkey should be postponed to a later stage and should not be resumed until all the necessary, technical and legal conditions are meet and the political situation in Turkey has improved considerably.
Amendment 72 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point a – point iv
Paragraph 1 – point a – point iv
(iv) the current structure of the Ankara agreement should be considered inadequate in terms of the evolution of the EU’s trade policy, in that: (a) it does not consider specific issues such as sustainable development, protection of social rights and labour, gender equality, protection of food safety and health, SMEs or the protection of foreign investments; (b) it does not include binding provisions on sustainable development, protection of social, environmental and labour rights and gender equality (bc) it does not take account of the specific role of the European Parliament and of the national parliaments; (cd) the provisions concerning the settlement of disputes reflect the political nature of the agreement;
Amendment 84 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point a – point vi
Paragraph 1 – point a – point vi
(vi) the entire negotiating process should be based on the principles of transparency and full access to the proceedings, including the publication of the Council mandate, the different negotiation proposals and consolidated texts;
Amendment 91 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point b – point i
Paragraph 1 – point b – point i
(i) a prerequisite for the modernisation of the Customs Union is that Turkey should meet all the legal and technical conditions assessed in the 2016 country report, such as refraining from adopting any protectionist or restrictive measures, such as including the unilateral imposition of customs duties and non-tariff barriers on goods produced in the EU, including goods released for free circulation, or government policies to reduce imports that are not justified for reasons of public interest, and while preserving the right of the EU and Turkey to regulate;
Amendment 97 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point b – point ii
Paragraph 1 – point b – point ii
(ii) the proper functioning of the Customs Union is closely linked to the harmonisation and alignment of Turkish legislation with the acquis communautaire, in particular with regard to protection of intellectual property, competition and state aid, state aid, consumer protection, public procurement and standardisation;
Amendment 101 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point b – point iii
Paragraph 1 – point b – point iii
(iii) the fight against counterfeiting, piracy, the trade in wild animals and food fraud are important aspects of the Customs Union;
Amendment 105 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point b – point iv
Paragraph 1 – point b – point iv
(iv) the harmonisation of customs systems is vital for the development of trade between the EU and Turkey; to that end, the Commission shouldhe Customs Union covers legislative, administrative and procedural arrangements concerning the processing of goods when entering the Single Market, and therefore it is important to ensure a timely and efficient working arrangement between the EU and Turkey in order to strengthen customs cooperation and the exchange of information between the Member States and Turkey;
Amendment 132 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point ii
Paragraph 1 – point c – point ii
(ii) the liberalisation of the sectors that are not currently included in the Customs Union should take place in a progressive and binding manner, by measuring its impact on businesses, particularly SMEs, consumers, social and the environmental rights. To that end, parliamentary institutions, both at EU level and nationally, can play an active role in liaising and holding talks with stakeholders and civil society;
Amendment 142 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point iii a (new)
Paragraph 1 – point c – point iii a (new)
(iiia) negotiations on public procurement should be consistent with the EU Directives on this matter which allow amongst others selecting service providers on the basis of qualitative (e.g. social or environmental) in addition to quantitative (e.g. cost-based) criteria;
Amendment 151 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point v
Paragraph 1 – point c – point v
(v) the lack of harmonisation of plant health rules is a major barrier to trade in agricultural products; removal of that barrier should, however, be contingent upon compliance with the high quality standards applied by the EU, also taking into account the risk of fraud; harmonization of plant health rules should not be used as a pretext to prevent farmers from using farm-saved seed systems, including exchange;
Amendment 158 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point vi
Paragraph 1 – point c – point vi
(vi) owing to its importance and impact, the services sector should be liberalised on the basis of stringent transparency criteria, full reciprocity, non-discrimination and legislative harmonisation, with the exclusion of audiovisual services and, cultural services and services of general interest, including services of general economic interest;
Amendment 168 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point vii
Paragraph 1 – point c – point vii
(vii) in areas such as the digital economy, telecommunications, postal services and financial services, atrespect to EU legislation on data protenction should be paid to aspects relating to data protectionmust be ensured in all sectors covered by the agreement; in the transport sector, the current quota system should be maintained;
Amendment 169 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point viii
Paragraph 1 – point c – point viii
Amendment 184 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point x
Paragraph 1 – point c – point x
(x) the inclusion of the energy and commodity sectors represents strategic added value in EU-Turkey trade relations, provided that an open, competitive and non-discriminatory economic environment is established and that the European objective of sustainability is respected;
Amendment 83 #
2016/0280(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited. New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’26 , in some areas it is necessary to adapt and supplement the current Union copyright framework. This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of- commerce works and the online availability of audiovisual works on video- on-demand platforms with a view to ensuring wider access to content. In order to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors' and performers' contracts. _________________ 26 COM(2015) 626 final. COM(2015) 626 final.
Amendment 281 #
2016/0280(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 295 #
2016/0280(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 312 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to defineclarify the sconceptpe of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weeklotection set out in Article s2 and 3 of Directive 2001/29/EC. In order to improve legal certainty for all concerned parties, and to ensure the freedom to carry out certain acts necessary for monthly magazines of general or special ithe normal functioning of the Internest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection doess well as to take account of certain fundamental rights, these Articles should not extend to acts of hyperlinking, which do not constitute communication to the public.
Amendment 326 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 340 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 519 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 731 #
2016/0280(COD)
Proposal for a directive
Article 11
Article 11
Amendment 995 #
2016/0280(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 198 #
2016/0224(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Common European Asylum System is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for asylum seekers. Notwithstanding progress achieved so far in the progressive development of the Common European Asylum System, there are still significant disparities between the Member States in the types of procedures used, the recognition rates, the type of protection granted, the level of material reception conditions and benefits given to applicants and beneficiaries of international protection. These divergences are important drivers of secondary movements and undermine the objective of ensuring that in a Common European Asylum System all applicants are equally treated wherever they apply in the Union.
Amendment 203 #
2016/0224(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A common procedure for granting and withdrawing international protection should limit the secondary movements of applicants for international protection between Member States, where such movements would be caused by differences in legal frameworkscreate incentives for applicants to remain and integrate in the territory of the Member State responsible to examine their asylum application, by replacing the current discretionary provisions with harmonised rules and by clarifying the rights and obligations of applicants and the consequences of non- compliance with those obligations, and create equivalent conditions for the application of Regulation (EU) No XXX/XXX (Qualification Regulation) in Member States.26 _________________ 26 THIS FOOTNOTE IS MISSING. THANK YOU FOR USING ANOTHER LANGUAGE.
Amendment 205 #
2016/0224(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation should apply to all applications for international protection made in the territory of the Member States, including those made at the external border, on the territorial sea or in the transit zones of Member States, and the withdrawal of international protection. PIn accordance with the principle of non- refoulement, persons seeking international protection who are present on the territorial sea of a Member State should be disembarked on land and have their applications examined in accordance with this Regulation.
Amendment 216 #
2016/0224(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The resources of the Asylum, Migration and Integration Fund should be mobilised to provide adequate support to Member States' efforts in applying this Regulation, in particular to those Member States which are faced with specific and disproportionate pressures on their asylum and reception systems. Adequate funding shall be made available to local and regional authorities and international and civil society organisations, including through the possibility for local and regional authorities to directly access the Asylum Migration and Integration Fund (AMIF).
Amendment 220 #
2016/0224(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The European Union Agency for Asylum should provide Member State with the necessary operational and technical assistance in the application of this Regulation, in particular by providing experts to assist national authorities to receive, register, and examine applications for international protection and by providing updated information on third countries, including country of origin information and guidance on the situation in specific countries of origin. When applying this Regulation, Member States should take into account operational standards, indicators, guidelines and best practices developed by the European Union Agency for Asylum.
Amendment 223 #
2016/0224(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention or as persons eligible for subsidiary protection, every applicant should have an effective access to the procedure, the opportunity to cooperate and properly communicate with the responsible authorities so as to present the relevant facts of his or her case and sufficient procedural guarantees and access to free legal assistance to pursue his or her case throughout all stages of the procedure.
Amendment 228 #
2016/0224(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The applicant should be provided with an effective opportunity to present all relevant elements at his or her disposal to the determining authority. For this reason, the applicant should, subject to limited exceptions, enjoy the right to be heard through a personal interview on the admissibility orand on merits of his or her application, as appropriate. For the right to a personal interview to be effective, the applicant should be assisted by an interpreter and a legal representative or counsellor and be given the opportunity to provide his or explanations concerning the grounds for his or her application in a comprehensive manner. The applicant should be given sufficient time to prepare and consult with his or her legal adviser or counsellor, and he or she mayshould be assisted by the legal adviser or counsellor during the interview. The personal interview should be conducted under conditions which ensure appropriate confidentiality and by adequately trained and competent personnel, including where necessary, personnel from authorities of other Member States or experts deployed by the European Union Agency for Asylum. The personal interview may only be omitted when the determining authority is to take a positive decision on the application or is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstance beyond his or her control. Given that the personal interview is an essential part of the examination of the application, the interview should be recorded and the applicants and their legal advisers should be given access to the recording, as well as to the report or transcript of the interview before the determining authority takes a decision, or in the case of an accelerated examination procedure, at the same time as the decision is made.
Amendment 232 #
2016/0224(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) It is in the interests of both Member States and applicants to ensure a correct recognition of international protection needs already at the stage of the administrative procedure by providing good quality information and legal support which leads to more efficient and better quality decision-making. For that purpose, access to legal assistance and representation should be an integral part of the common procedure for international protection at all stages of the procedure. In order to ensure the effective protection of the applicant's rights, particularly the right of defence and the principle of fairness, and to ensure the economy of the procedure, applicants should, upon their request and subject to conditions set out in this Regulation, be provided with free legal assistance and representation during the administrative procedure and in the appeal procedure, including during personal interviews, and in the appeal procedure. Applicants should have the right to an effective remedy before a court or tribunal against a decision not to grant free legal assistance and Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant's effective access to justice is not hindered. The free legal assistance and representation should be provided by persons competent to provide them under national law.
Amendment 245 #
2016/0224(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Applicants who are identified as being in need of special procedural guarantees should be provided with adequate support, including sufficient time, in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection. Where it is not possible to provide adequate support in the framework of an accelerated examination procedure or a border procedure, an aApplicants in need of special procedural guarantees should be exempted from those procedures. The need for special procedural guarantees of a nature that could prevent the application of accelerated or border procedures should also mean that the applicant is provided with additional guarantees in cases where his or her appeal does not have automatic suspensive effect, with a view to making the remedy effective in his or her particular circumstancaccelerated and border procedures.
Amendment 252 #
2016/0224(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) When, in the framework of an application being processedfor security purposes, the applicant is searched, that search should be carried by a person of the same sex. This should be without prejudice to a search carried out, for security reasons, on the basis of national law.
Amendment 255 #
2016/0224(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The best interests of the child should be a primary consideration of Member States when applying this Regulation, in accordance with Article 24 of the Charter and the 1989 United Nations Convention on the Rights of the Child. 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, including his or her background. In view of Article 12 of the United Nations Convention on the Rights of the Child concerning the child's right to be heard, the determining authority shall provide a minor the opportunity of a personal interview unless this is manifestly not in the minor's best interests. Border, admissibility and accelerated procedures should never be applied to unaccompanied minors. Minors should never be detained as part of border procedures, at transit zones, external borders or at any stage during the determination of their asylum application.
Amendment 258 #
2016/0224(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The common procedure streamlines the time-limits for an individual to accede to the procedure, for the examination of the application by the determining authority as well as for the examination of first level appeals by judicial authorities. Whereas a disproportionate number of simultaneous applications may risk delaying access to the procedure and the examination of the applications, a measure of flexibility to exceptionally extend those time-lines may at times be needed. However, to ensure an effective process, extending those time- limits should be strictly limited and a measure of last resort considering that Member States should regularly review their needs to maintain an efficient asylum system, including by preparing contingency plans where necessary, and considering that the European Union Agency for Asylum should provide Member States with the necessary operational and technical assistance. Where Member States foresee that they would not be able to meet the set time-limits, they should request assistance from the European Union Agency for Asylum. Where no such request is made, and because of the disproportionate pressure the asylum system in a Member State becomes ineffective to the extent of jeopardising the functioning of Common European Asylum System, the Agency may, based on an implementing decision of the Commission, take measures in support of that Member State.
Amendment 259 #
2016/0224(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Access to the common procedure should be based on a three-step approach consisting of the making, registering and lodging of an application. Making an application is the first step that triggers the application of this Regulation. A third- country national or stateless person is considered to have made an application when expressing a wish to receive international protection from a Member State. Such a wish may be expressed in any form and the individual applicant need not necessarily use specific words such as international protection, asylum or subsidiary protection. The defining element should be the expression by the third county national or the stateless person of a fear of persecution or serious harm upon return to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence. In case of doubt whether a certain declaration may be construed as an application for international protection, the third-country national or stateless person should be expressly asked whether he or she wishes to receive international protection. The applicant should benefit from rights under this Regulation and Directive XXX/XXX/EU (Reception Conditions Directive)27 as soon as he or she makes an application. The applicant should be given a document which certifies his or her status as an applicant and which should be valid for the duration of his or her right to remain on the territory, at the time when the application is made and at the latest at the time of registration. _________________ 27 OJ L […], […], p. […].
Amendment 266 #
2016/0224(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) An application should be registered as soon as it is made. At this stage, the authorities responsible for receiving and registering applications, including border guards, police, immigration authorities and authorities responsible for detention facilities should register the application together with the personal details of the individual applicant. The applicant's lack of documentation should not prevent Member States from carrying out the registration procedures. Those authorities should inform the applicant of his or her rights and obligations, as well as the consequences for the applicant in case of non-compliance with those obligations. The applicant should be given a document certifying that an application has been made. The time limit for lodging an application starts to run from the moment an application is registered.
Amendment 271 #
2016/0224(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The lodging of the application is the act that formalises the application for international protectionof submitting all relevant elements at the applicant's disposal in accordance with [Article 4(1) of the Qualification Regulation]. The applicant should be given the necessary information as to how and where to lodge his or her application and he or she should be given an effective opportunity to do so. At this stage he or she is required to submit all the elements at his or her disposal needed to substantiate and complete the application. The time-limit for the administrative procedure starts to run from the moment an application is lodged. At that time, the applicant should be given a document which certifies his or her status as an applicant, and which should be valid for the duration of the his or her right to remain on the territory of the Member State responsible for examining the application.
Amendment 275 #
2016/0224(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The applicant should be informed properly of his or her rights and obligations in a timely manner and in a language that he or she understands or is reasonably meant to understand. Having regard to the fact that where, for instance, the applicant refuses to cooperate with the national authorities by not providing the elements necessary for the examination of the applicatioin a concise, transparent, intelligible and easily accessible form, using clear and plain land by not providing his or her fingerprints or facial image, or fails to lodge his or her application within the set time limit, the application could be rejected as abandoned, it is necessary that the applicant be informed of the consequences for not complying with those obligationsguage. Children should be provided information in a child-friendly manner and in a language they understand by appropriately trained staff.
Amendment 285 #
2016/0224(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to facilitate access to the procedure at border crossing points and in detention facilities, information should be made available on the possibility to apply for international protection. Basic communication necessary to enable the competent authorities to understand if persons declare their wish to receive international protection should be ensured through interpretation arrangements. Legal representatives and civil society organisations providing legal services or counselling or psychological counselling should always be allowed to access detention facilities, border crossing points and transit zones.
Amendment 290 #
2016/0224(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) This Regulation should provide for the possibility that applicants lodge an application on behalf of their spouse, partner in a stable and durable relationship, dependant adults and minors. This option allows for the joint examination of those applications. The right of each individual to seek international protection is guaranteed by the fact that if the applicant does not apply on behalf of the spouse, partner, dependant adult or minor within the set time-limit for lodging an application, the spouse or partner may still do in his or her own name, and the dependant adult or minor should be assisted by the determining authority. However, if a separate application is not justified, it should be considered as inadmissible.
Amendment 299 #
2016/0224(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to guarantee the rights of the applicant, a decision concerning his or her application should be given in writing. Where the decision does not grant international protection, the applicant should be given reasons for the decision and information on the consequences of the decision as well as the manner in which to challenge that decision. Without prejudice to the applicant's right to remain, including until the time limit within which to exercise their right to an effective remedy has expired and, when such a right has been exercised within the time limit, pending the outcome of the remedy, and to the principle of non-refoulement, such a decision may include, or may be issued together with, a return decision issued in accordance with Article 6 of Directive 2008/115/EC of the European Parliament and of the Council.28 _________________ 28 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 308 #
2016/0224(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 315 #
2016/0224(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) TMember States may apply the concept of first country of asylum should be applied as a ground for inadmissibilitduring the examination of an application only where it can reasonably be assumed that another country would grant protection in accordance with the substantive standards of the Geneva Convention orand the applicant would be provided sufficienteffective protection in that country. In particular, the Member States should not examine the merits of an application where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection. Member States should proceed on that basis only where they are satisfied including, where necessary or appropriate, based on assurances obtained from the third country concerned, and on reports by independent organisations, that the applicant has enjoyed and will continue to enjoy protection in that country in accordance with the Geneva Convention or has otherwise enjoyed and will continue to enjoy sufficient protection, particularly as regardsparticularly as regards the principle of non-refoulement, the right to liberty and due process, the right of legal residence, appropriate access to the labour market, reception facilities, healthcare and education, means of subsistence sufficient to maintain an adequate standard of living, privacy and the right to family reunification in accordance with international human rights standards.
Amendment 317 #
2016/0224(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) TMember States may apply the concept of safe third country should be applied as a ground for inadmissibilitduring the examination of an application only where the applicant, due to a meaningful connection to the third country including one through which he or she has transitedfollowing the existence of family ties or previous long-term residence and integration in the territory of a third country, can reasonably be expected to seek protection in that country, and there are grounds for considering that the applicant will be admitted or readmitted to that country. Member States shouldSuch a link may not be derived from the mere fact that the applicant has transited through the country concerned. Member States might proceed on that basis only where they are satisfied including, where necessary or appropriate, based onbased on individual and specific assurances obtained from the third country concerned, that the applicant will have the possibility to receive protection in accordance with the substantive standards of the 1951Geneva Convention or will enjoy sufficient protection, particularly as regards, particularly as regards the principle of non- refoulement, the right to liberty and due process, the right of legal residence, appropriate access to the labour market, reception facilities, healthcare and education, means of subsistence sufficient to maintain an adequate standard of living, privacy and the right to family reunification in accordance with international human rights standards.
Amendment 323 #
2016/0224(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) An application for international protection should be examined on its merits to determine whether an applicant qualifies for international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation). There need not be an examination on the merits where an application should be declared as inadmissible in accordance with this Regulation. However, where from a prima facie assessment it is clear that an application may be rejected as manifestly unfounded, the application may be rejected on that ground without examining its admissibility.
Amendment 326 #
2016/0224(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The examination of an application shouldmay be accelerated and completed within a maximum of two months in those instances where an application is manifestly unfounded because it is an abusive claim, including where an applicant comes from a safe country of origin or an applicant is making an application merely to delay or frustrate the enforcement of a removal decision, or where there are serious national security or public concerns, where the applicant does not apply for international protection in the first Member State of entry or in the Member State of legal residence or where an applicant whose application is under examination and who made an application in another Member State or who is on the territory of another Member State without a residence document is taken back under the Dublin Regulation. In the latter case, the examination of the application should not be accelerated if the applicant is able to provide substantiated justifications for having left to another Member State without authorisation, for having made an application in another Member State or for having otherwise been unavailable to the competent authorities, such as for instance that he or she was not informed adequately and in a timely manner of his or her obligations. Furthermore, an accelerated examination procedure may be applied to unaccompanied minors only within the limited circumstances set out in this Regulationlikely to be well- founded. An accelerated examination procedure may be not applied to unaccompanied minors except where an application is likely to be well founded.
Amendment 334 #
2016/0224(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Many applications for international protection are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to provide for an examination on admissibility or an examination on the merits which would make it possible for such applications to be decided upon at those locations in well- defined circumstances. The border procedure should not take longer than fourtwo weeks and after that period applicants should be allowed entry to the territory of the Member State. It is only where a disproportionate number of applicants lodge their applications at the borders or in a transit zone, that the border procedure may be applied at locations in proximity to the border or transit zone. A border procedure may be applied to unaccompanied minors only within the limited circumstances set out in this RegulationA border procedure may not be applied to unaccompanied minors.
Amendment 344 #
2016/0224(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) As long as an applicant can show good cause, tThe lack of documents on entry or, the use of forged documents or the refusal to carry out a medical examination should not per se entail an automatic recourse to an accelerated examination procedure or a border procedure negative determination on the application for international protection.
Amendment 346 #
2016/0224(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Where an applicant either explicitly withdraws his or her application of his or her own motion, or does not comply with the obligations arising from this Regulation, Regulation (EU) No XXX/XXX (Dublin Regulation) or Directive XXX/XXX/EU (Reception Conditions Directive) thereby implicitly withdraws his or her application, the application should not be further examined and it should be rejected as explicitly withdrawn or abandoned, and any application in the Member States by the same applicant further after that decision should be considered to be a subsequent application. However, the implicit withdrawal should not be automatic but the applicant should be allowed the opportunity to report to the determining authority and demonstrate that the failure to comply with those obligations was due to circumstances beyond his controlthe application should not be further examined and it should be rejected as explicitly withdrawn.
Amendment 353 #
2016/0224(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Where an applicant makes a second or further subsequent application without presenting new evidence or findings which significantly increase his or her likelihood of qualifying as a beneficiary of international protection or which relate to the reasons for which the previous application was rejected as inadmissible, that subsequent application should not be subject to a new full examination procedure. In those cases, following a preliminary examination, applications should be dismissed as inadmissible or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success, in accordance with the res judicata principle. The preliminary examination shall be carried out on the basis of written submissions and a personal interview however the personal interview may be dispensed with in those instances where, from the written submissions, it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success. In case of a second or further subsequent applications, exceptions may be made to the individual's right to remain on the territory of a Member State after a subsequent application is rejected as inadmissible or unfounded, or in the case of a second or further subsequent applications, as soon as an application is made in any Member States following a final decision which had rejected a previous subsequent application as inadmissible, unfounded or manifestly unfounded.
Amendment 357 #
2016/0224(COD)
Amendment 362 #
2016/0224(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 366 #
2016/0224(COD)
Proposal for a regulation
Recital 47
Recital 47
Amendment 372 #
2016/0224(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 379 #
2016/0224(COD)
Proposal for a regulation
Recital 49
Recital 49
Amendment 384 #
2016/0224(COD)
Amendment 387 #
2016/0224(COD)
Proposal for a regulation
Recital 51
Recital 51
Amendment 391 #
2016/0224(COD)
Proposal for a regulation
Recital 52
Recital 52
Amendment 397 #
2016/0224(COD)
Proposal for a regulation
Recital 53
Recital 53
Amendment 398 #
2016/0224(COD)
Proposal for a regulation
Recital 54
Recital 54
Amendment 401 #
2016/0224(COD)
Proposal for a regulation
Recital 55
Recital 55
Amendment 404 #
2016/0224(COD)
Proposal for a regulation
Recital 56
Recital 56
Amendment 408 #
2016/0224(COD)
Proposal for a regulation
Recital 57
Recital 57
Amendment 411 #
2016/0224(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 413 #
2016/0224(COD)
Proposal for a regulation
Recital 59
Recital 59
Amendment 416 #
2016/0224(COD)
Proposal for a regulation
Recital 60
Recital 60
Amendment 419 #
2016/0224(COD)
Proposal for a regulation
Recital 61
Recital 61
Amendment 423 #
2016/0224(COD)
Proposal for a regulation
Recital 62
Recital 62
Amendment 425 #
2016/0224(COD)
Proposal for a regulation
Recital 63
Recital 63
Amendment 430 #
2016/0224(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) Decisions taken on an application for international protection, including the decisions concerning the explicit or implicit withdrawalwithdrawal or discontinuation of an application, and the decisions on the withdrawal of refugee or subsidiary protection status should be subject to an effective remedy before a court or tribunal in compliance with all requirements and conditions laid down in Article 47 of the Charter. To ensure the effectiveness of the procedure, the applicant should lodge his or her appeal within a set time-limit. For the applicant to be able to meet those time- limits and with a view to ensuring effective access to judicial review, he or she should be able to be assisted by an interpreter as well as be entitled to free legal assistance and representation.
Amendment 433 #
2016/0224(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) For an applicant to be able to exercise his or her right to an effective remedy, he or she should be allowed to remain on the territory of a Member State until the time-limit for lodging a first level of appeal expires, and when such a right is exercised within the set time-limit, pending the outcome of the remedy. It is only in limited cases set out in this Regulation that the suspensive effect of an appeal is not automatic and where the applicant would need to request the court or tribunal to stay the execution of a return decision or the court would act of its own motion to this effect. Where an exception is made to the right to a remedy with automatic suspensive effect, the applicant's rights of defence should be adequately guaranteed by providing him or her with the necessary interpretation and legal assistance, as well as by allowing sufficient time for the applicant to prepare and submit his or her request to the court or tribunal. Furthermore, in this framework, the court or tribunal should be able to examine the decision refusing to grant international protection in terms of fact and law. The applicant should be allowed to remain on the territory pending the outcome of the procedure to rule on whether or not he or she may remain. However, that decision should be taken within one month.
Amendment 446 #
2016/0224(COD)
Proposal for a regulation
Recital 72
Recital 72
Amendment 454 #
2016/0224(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) The application of this Regulation should be evaluated at regular intervals. in particular in relation to the application of Section III of this Regulation.
Amendment 485 #
2016/0224(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a More favourable provisions Member States may introduce or retain more favourable standards on procedures for granting and withdrawing international protection, insofar as those standards are compatible with this Regulation.
Amendment 495 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(b a) 'registering' of an application for international protection means the recording of the personal details, including fingerprints and a facial image in accordance with [Article 10(1) of the Eurodac Regulation] of an applicant for international protection, which formalises the application for international protection;
Amendment 496 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b b (new)
Article 4 – paragraph 2 – point b b (new)
(b b) 'lodging' of an application for international protection means the submission of elements available to the applicant which substantiate the application for international protection in accordance with [Article 4(1) of the Qualification Regulation];
Amendment 497 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) 'applicant in need of special procedural guarantees' means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this Regulation is limited due to individual circumstances or specific vulnerabilities;
Amendment 502 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(c a) 'stateless person' means an individual who is not considered as a national by any state under its national law;
Amendment 509 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) 'determining authority' means any judicial, quasi-judicial or administrative body in a Member State responsible for examining applications for international protection competent to take decisions at first instance;
Amendment 514 #
2016/0224(COD)
(f) 'guardian' means a person or an organisation appointed to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her general well-being in procedures provided for in this Regulation and exercising legal capacity for the minor where necessary;
Amendment 519 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point i
Article 4 – paragraph 2 – point i
(i) 'subsequent application' means a second or further application for international protection made in any Member State after a final decision has been taken on aprevious applications based on the same elements in fact and in law as previous applications, including cases where the application has been rejected as explicitly withdrawn or as abandoned following its implicit withdrawal;
Amendment 521 #
2016/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point j a (new)
Article 4 – paragraph 2 – point j a (new)
(j a) 'meaningful connection with a third country' means the existence of family or cultural ties or previous long- term residence and integration in the territory of a third country, according to which an applicant may reasonably be expected to seek protection in that country, and there are grounds for considering that the applicant will be admitted or readmitted to that country.A meaningful connection shall not be derived from the mere fact that the applicant has transited through a third country.
Amendment 522 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(c a) processing and taking decisions on cases pursuant to Regulation (EU) No XXX/XXX (Dublin Regulation);
Amendment 524 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Each Member State shall provide the determining authority with appropriate means, including sufficient competent personnel and appropriate training to carry out its tasks in accordance with this Regulation. For that purpose, each Member State shall regularly assess the needs of the determining authority to ensure that it is always in a position to deal with applications for international protection in an effective manner, particularly when receiving a disproportionately high number of simultaneous applications.
Amendment 527 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – introductory part
Article 5 – paragraph 3 – subparagraph 1 – introductory part
The following authorities shall have the task of receiving and registering applications for international protection as well as informing applicants as to where and how to lodge an application for international protection.Under no circumstances shall these authorities have the power to decide on the admissibility and the merits of an application for international protection:
Amendment 538 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – point d
Article 5 – paragraph 3 – subparagraph 1 – point d
(d) authorities responsible for detention or reception facilities.
Amendment 545 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. The determining authority of the Member State responsible may be assisted for the purpose of receiving, and registering and examining applications for international protection by:
Amendment 548 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a
Article 5 – paragraph 4 – point a
Amendment 554 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that the personnel of the determining authority, or of any other authority responsible for receiving and registering applications for international protection in accordance with paragraph 3 and 4, have the appropriate knowledge and are provided with the necessary training pursuant to Article 7 of Regulation (EU) XXX/XXX (EU Asylum Agency Regulation) and instructions to fulfil their obligations when applying this Regulation.
Amendment 566 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The applicant shall make his or her application in the Member State of first entry or, where he or she is legally present in a Member State, he or she shall make the application in that Member State as provided for in Article 4 ofccordance with Regulation (EU) No XXX/XXX (Dublin Regulation).
Amendment 576 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) lodging his or her application in accordance with Article 28 within the set time-limit and submitting all elements at his or her disposal needed to substantiate his or her application;
Amendment 582 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or referred to in the points (a) and (b) of ther fingerprints and facial imagerst paragraph of Article 27(1), and the responsible authorities have properly informed that person of his or her obligations and the consequences deriving from those obligations and has ensured that that person has had an effective opportunity to comply with those obligations, his or her application shall be rejected as abandonmay be discontinued in accordance with the procedure referred to in Article 39. Any use of force in collecting fingerprints or facial images shall be prohibited and penalised.
Amendment 590 #
2016/0224(COD)
4. The applicant shall inform the determining authority of the Member State in which he or she ihas required to be presentgistered an application for international protection of his or her place of residence or address or a telephone number or email address where he or she may be reached by the determining authority or other responsible authorities. He or she shall notify that determining authority of any changes. The applicant shall accept any communication at the most recent place of residence or address which he or she indicated accordingly, in particular when he or she lodges an application in accordance with Article 28.
Amendment 592 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 593 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 599 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Where it is necessary for the examination of an application, tThe applicant may be required by the responsible authorities to be searched or have his or her items searched. Without prejudice to any search carried out only for security reasons, a. A search of the applicant's person under this Regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity.
Amendment 603 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. Applicants shall enjoy the right to free legal assistance and representation at all stages of the procedure pursuant to Section III of this Regulation.
Amendment 604 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1 b. Applicants shall be guaranteed the right to a substantive interview on their application in accordance with Article 11 of this Regulation and, where applicable, the right to an admissibility interview in accordance with Article 10 of this Regulation.
Amendment 606 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – introductory part
Article 8 – paragraph 2 – subparagraph 1 – introductory part
The determining authority shall inform applicants, in a language which they understand or are reasonably meant to understandin a concise, transparent, intelligible and easily accessible form, using clear and plain language, of the following:
Amendment 614 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point c
Article 8 – paragraph 2 – subparagraph 1 – point c
(c) their rights and obligations during the procedure, including of the obligation to remain in the territory of the Member State in which they are required to be present in accordance withright to family reunification and procedures pursuant to Regulation (EU) No XXX/XXX (Dublin Regulation);
Amendment 618 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point g
Article 8 – paragraph 2 – subparagraph 1 – point g
(g) the consequences of an explicit or implicit withdrawal of the application or its discontinuation;
Amendment 620 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point h
Article 8 – paragraph 2 – subparagraph 1 – point h
(h) the outcome of the decision of the determining authority, the reasons for that decision, as well as the consequence of a decision refusing to grant international protection and the deadlines and manner in which to challenge such a decision.
Amendment 625 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
The information referred to in the first paragraph shall be given in good timewhen making an application and at the latest when registering the application to enable the applicants to exercise the rights guaranteed in this Regulation and for them to adequately comply with the obligations set out in Article 7.
Amendment 626 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Children shall be provided information in a child-friendly manner and in a language they understand by appropriately trained staff.
Amendment 632 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. The European Asylum Agency shall draw up common information material containing at least the information referred to in paragraph 2 of this Article.The common information material shall be established in such a manner as to enable Member States shall use the common information material and to complete it, where necessary, with additional Member State-specific information.
Amendment 640 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The determining authority shall ensure that applicants and, where applicable, their guardians, legal advisers or other counsellors have access to the information referred to in Article 33(2)(e) required for the examination of applications and to the information provided by the experts referred to in Article 33(3), where the determining authority has taken that information into consideration for the purpose of taking a decision on their application.
Amendment 643 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The determining authority shall givenotify applicants notice within a reasonable timewithin five days of the decision taken on their application. Where a guardian, legal adviser or other counsellor is legally representing the applicant, the determining authority mayshall also give notice of the decision to him or her instead of to the applicant.
Amendment 646 #
2016/0224(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Applicants shall have the right to remain in the Member State responsible, for the sole purpose of the procedure, until the determining authority has taken a final decision in accordance with the administrative procedure provided for in Chapter III and until any ongoing appeal procedure in relation to the application, return decision or removal order has been concluded.
Amendment 658 #
2016/0224(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
Amendment 670 #
2016/0224(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Before a decision is taken by the determining authority on the admissibility of an application for international protection, the applicant shall be accorded the right to be heard and given the opportunity of an interview on the admissibility of his or her application.
Amendment 671 #
2016/0224(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. In the admissibility interview, the applicant shall be given an opportunity to provide adequate reasons as to why the admissibility grounds provided for in Article 36(1) would not be applicable to his or her particular circumstances.
Amendment 672 #
2016/0224(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. National asylum authorities shall have the task of conducting admissibility interviews.Member States may not entrust other authorities with this task.
Amendment 674 #
2016/0224(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Before a decision is taken by the determining authority on the merits of an application for international protection, the applicant shall be accorded the right to be heard and given the opportunity of a substantive interview on his or her application.
Amendment 681 #
2016/0224(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. A person whoNational asylum authorities shall have the task of conducts theing substantive interview of an application shall not wear a military or law enforcement uniforms. Member States may not entrust other authorities with this task.
Amendment 683 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The applicant shall be accorded the right to be heard and given an opportunity of a personal interview on his or her application in accordance with the conditions established in this Regulation.
Amendment 686 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. The presence of the applicant's legal advisor or counsellor in accordance with Article 15(2)(b) shall be ensured.
Amendment 688 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Personal interviews shall be conducted by the personnel of the determining authority, which may be assisted by the personnel of authorities of other Member States referred to in Article 5(4)(a) or experts deployed by the European Union Agency for Asylum referred to in Article 5(4)(b).
Amendment 692 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 706 #
2016/0224(COD)
Proposal for a regulation
Article 12 – paragraph 8 – subparagraph 2
Article 12 – paragraph 8 – subparagraph 2
Where requested by the applicant, the determining authority shall ensure that the interviewers and interpreters are of the same sex as the applicant provided that this is possible and the determining authority does not have reasons to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner.
Amendment 714 #
2016/0224(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The determining authority or any other authority or experts assisting it or conducting the personal interview shall make a thorough and factual report containing all substantive elements orand a transcript of every personal interview.
Amendment 717 #
2016/0224(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The personal interview shall be recorded using audio or audio-visual means of recording. The applicant shall be informed in advance of and give his or her consent to such recording.
Amendment 720 #
2016/0224(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings or other factual mistakes appearing in the report or in the transcript, at the end of the personal interview or within a specified time limit before the determining authority takes a decision. To that end, the applicant shall be informed of the entire content of the report or of the substantive elements of the transcript, with the assistance of an interpreter, where necessary. The applicant shall then be requested to confirm that the content of the report or the transcript correctly reflects the personal interview.
Amendment 724 #
2016/0224(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 730 #
2016/0224(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The responsible authorities shall store either the recording orand the transcript for ten years from the date of a final decision. The recording shall be erased and the transcript destroyed upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.
Amendment 737 #
2016/0224(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal assistance and representation at all stages of the procedure in accordance with Articles 15 to 17. The applicant shall be informedeffectively be informed as soon as possible and at the latest when registering the application of his or her right to request free legal assistance and representation at all stages of the procedure.
Amendment 747 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall, at the request of the applicant, provide free legal assistance and representation in the administrative procedure provided for in Chapter III and in the appeal procedure provided for in Chapter V.
Amendment 752 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) assistance in the preparation of the application and personal interview, including participation in the personal interview as necessary;
Amendment 758 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
Amendment 763 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 1 – point b
Article 15 – paragraph 5 – subparagraph 1 – point b
Amendment 771 #
2016/0224(COD)
Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation.
Amendment 786 #
2016/0224(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall lay down specific procedural rules concerning the modalities for filing and processing requests for the provision of free legal assistance and representation in relation to applications for international protection or they shall applywhich shall not be more restrictive than the existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation impossible or excessively difficult.
Amendment 793 #
2016/0224(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Member States may request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant.
Amendment 800 #
2016/0224(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) to have access to information on individual applications for international protection, on the course of the whole procedure and on the decisions taken, subject to the consent of the applicant;
Amendment 804 #
2016/0224(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
The determining authority shall systematically and as early as possible after the application has been made assess whether an individual applicant is in need of special procedural guarantees. That assessment may be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive) and need not take the form of an administrative procedure.
Amendment 811 #
2016/0224(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particular where the determining authority considers that thean applicant has been identified as applicant is in need of special procedural guarantees, as a result of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedurese accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41 to the applicant.
Amendment 816 #
2016/0224(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission mayis empowered to adopt delegated acts in accordance with Article 59 specifying the details and specific measures for assessing and addressing the special procedural needs of applicants, including of unaccompanied minors, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.
Amendment 832 #
2016/0224(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The responsible authorities shall address the need for special procedural guarantees as set out in this Article evenalso where that need becomes apparent or is raised at a later stage of the procedure, without having to restart the procedure for international protection.
Amendment 837 #
2016/0224(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
The determining authority shall ensure minors' right to be heard and provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.
Amendment 863 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessaryindependence, and the necessary qualifications and expertise, and shall not have a verified record of child-related crimes or offences. Guardians shall receive regular training to undertake their tasks.
Amendment 892 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Medical examinations may be usedWhere there are doubts as to dwhethermine the age of or not an unaccompanied minors within the framework of the examination of an application where is under the age of 18, following statements by the applicant, available documentary evidence or other relevant indications including, Member States may order a psychosocial assessment, there are doubts a by qualified professionals to whdether or notmine the age of the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a min the framework of the examination of an application. The age assessment shall not be solely based on the applicant's physical appearance or demeanour.
Amendment 895 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. Where doubts over an unaccompanied minor's age persist following the procedure set out in paragraph 1, medical examinations may be used as a measure of last resort to determine the age of unaccompanied minors within the framework of the examination of an application.Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
Amendment 897 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The medical examination to determine the age of unaccompanied minors shall not be carried out without their consent orand the consent of their guardians.
Amendment 904 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, including the right to appeal the decision on the medical examination, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination. All documents concerning the medical examination shall be entered in the applicant's file.
Amendment 915 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttable presumption that the applicant is not a minor and it shall not prevent the determining authority from taking a decision on thebe the sole reason for rejecting an application for international protection.
Amendment 916 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5 a. Unaccompanied minors shall be granted the right to an effective remedy against a decision determining their age.
Amendment 922 #
2016/0224(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
An application for international protection shall be considered as made when a third- country national or stateless person expresses a wish for international protection to officials of the determining authority or other authorities referred to in Article 5(3) or (4).
Amendment 933 #
2016/0224(COD)
(a) the name, date of birth, gender, nationality and other personal details of the applicantor statelessness;
Amendment 934 #
2016/0224(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 – point a a (new)
Article 27 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) other personal details of the applicant such as family status and health;
Amendment 935 #
2016/0224(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 – point b
Article 27 – paragraph 1 – subparagraph 1 – point b
(b) the type and number of any identity or travel document of the applicant if available;
Amendment 937 #
2016/0224(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1 a. Where an individual claims not to have a nationality this should be clearly registered, and the individual referred to a dedicated statelessness identification mechanism for confirmation of this status at an appropriate juncture.
Amendment 939 #
2016/0224(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice to register applications within three working days from when the application is made, the authorities of the Member State may extend that time-limit to tenfive working days.
Amendment 946 #
2016/0224(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The applicant shall lodge the application within ten20 working days from the date when the application is registered or at the latest at the date of the appointment given in accordance with paragraph 5, provided that he or she is given an effective opportunity to do so within that time-limit. Where free legal assistance is requested, the time period for lodging the application shall start to run upon the appointment of a legal advisor or other counsellor, or where the provision of free legal assistance and representation is refused in accordance with Article 15(3).
Amendment 958 #
2016/0224(COD)
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
When lodging an application, applicants are required to submit all the elements in their possession referred to in Article 4(1) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. Following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.
Amendment 962 #
2016/0224(COD)
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 2
Article 28 – paragraph 4 – subparagraph 2
The authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward onlany new elements which are relevant for the examination of his or her application and which he or she could not have been aware of or could have not provided at an earlier stage or which relate to changes to his or her situation.
Amendment 970 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The authorities of the Member State where an application for international protection is made shall, at the latest upon registration, provide the applicant with a document certifying, in particular, that an application has been made and stating that the applicant may remain on the territory of that Member State for the purposes of lodging his or her application as provided for in this Regulation.in his or her own name:
Amendment 972 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a (new)
Article 29 – paragraph 1 – point a (new)
(a) stating the identity of the applicant by including at least the data referred to in Article 27(1)(a) and (b), verified and updated where necessary, as well as a facial image of the applicant, signature and current place of residence;
Amendment 973 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b (new)
Article 29 – paragraph 1 – point b (new)
(b) stating the issuing authority, date and place of issue and period of validity of the document;
Amendment 974 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c (new)
Article 29 – paragraph 1 – point c (new)
(c) certifying the status of the individual as an applicant;
Amendment 975 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point d (new)
Article 29 – paragraph 1 – point d (new)
(d) stating that the applicant has the right to remain on the territory of that Member State and indicating whether the applicant is free to move within all or part of the territory of that Member State;
Amendment 976 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point e (new)
Article 29 – paragraph 1 – point e (new)
(e) stating that the document is not a valid travel document and indicating that the applicant is not allowed to travel without authorisation to the territory of other Member States until the procedure for the determination of the Member State responsible for the examination of the application in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation) has taken place;
Amendment 977 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point f (new)
Article 29 – paragraph 1 – point f (new)
(f) stating whether the applicant has permission to take up gainful employment.
Amendment 978 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 984 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Where, following a procedure of determination in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation), another Member State is designated as responsible for the examination of the application, the authorities of that Member State shall provide the applicant with a document referred to in paragraph 21 within three working days from the transfer of the applicant to that Member State.
Amendment 985 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3 a. The determining authority shall provide the applicant with a document certifying that an application has been lodged in accordance with Article 28 and listing the elements submitted by the applicant, upon lodging the application.
Amendment 988 #
2016/0224(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
The document referred to in paragraph 21 shall be valid for a period of at least six months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.
Amendment 998 #
2016/0224(COD)
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. WThe re there are indications thatsponsible authorities shall inform all third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform of the right to apply for international protection and promptly refer them tof the possibility to apply for international protection, in particular, where:competent asylum authorities.
Amendment 1001 #
2016/0224(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
Amendment 1005 #
2016/0224(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
Amendment 1007 #
2016/0224(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
Amendment 1013 #
2016/0224(COD)
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
Member States may impose limits to such access where, by virtue of national law, they are necessary for the security, or public order or administrative management of a border crossing point or of a detention facility, provided that access is not severely restricted or rendered impossible. Access to legal representatives shall be ensured in all circumstances.
Amendment 1038 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten20 working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten20 working-day period starting from the expiry of the first ten working-day period. Where the spouse or partner still does not lodge his or her application within these further ten20 working days, the examination of the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39discontinued.
Amendment 1043 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten20 working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the dependent adult may need international protection.
Amendment 1061 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 9
Article 31 – paragraph 9
9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten20 working days provided for in Article 28(1), the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten20 working-day period starting from the expiry of the first ten20 working- day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten20 working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39.
Amendment 1078 #
2016/0224(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. In the case of an unaccompanied minor, the ten20 working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten20 working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.
Amendment 1088 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point e
Article 33 – paragraph 2 – point e
Amendment 1097 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum and refugee law and shall have completed the necessary training under Regulation (EU) XXX/XXX (EU Asylum Agency Regulation). They shall have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, religious and child-related or gender issues. Where necessary, they may submit queries to the European Union Agency for Asylum in accordance with Article 9(2)(b) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).
Amendment 1098 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 5 – introductory part
Article 33 – paragraph 5 – introductory part
5. An examination of an application for international protection may be prioritised in accordance with the basic principles and guarantees of Chapter II, in particular, where: the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees as referred to in Articles 19 to 22 of this Regulation.
Amendment 1099 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 5 – point a
Article 33 – paragraph 5 – point a
Amendment 1102 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 5 – point b
Article 33 – paragraph 5 – point b
Amendment 1110 #
2016/0224(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
The examination to determine the admissibility of an application in accordance with Article 36(1) shall not take longer than one month from the lodging of an application. Where the determining authority does not determine the admissibility of an application within one month, it shall continue the examination of the application in accordance with paragraph 2 and 3 and Article 37 and shall inform the applicant accordingly.
Amendment 1113 #
2016/0224(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Amendment 1117 #
2016/0224(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
Amendment 1122 #
2016/0224(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
Amendment 1130 #
2016/0224(COD)
1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands or is reasonably meant to understand.
Amendment 1133 #
2016/0224(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where an application is rejected as inadmissible, as unfounded with regard to refugee status or subsidiary protection status, as explicitly withdrawn or as abandoned, the reasons in fact and in law shall be stated in the decision. Information on how to challenge a decision refusing to grant international protection shall be given in writing, unless otherwise already provided to the applicant.
Amendment 1143 #
2016/0224(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
Amendment 1157 #
2016/0224(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. An application shall not be examined on its merits in the cases where an application is not examined in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation), including when another Member State has granted international protection to the applicant, or where an application is rejected as inadmissible in accordance with paragraph 1.
Amendment 1159 #
2016/0224(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
Amendment 1162 #
2016/0224(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
Amendment 1165 #
2016/0224(COD)
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
Amendment 1172 #
2016/0224(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The determining authority shallmay declare an unfounded application to be manifestly unfounded in the cases referred to in Article 40(1)(a), (b), (c), (d) and (eb).
Amendment 1176 #
2016/0224(COD)
Proposal for a regulation
Article 39 – title
Article 39 – title
Amendment 1177 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. The determining authority shall rejectmay discontinue a decision on the merits of an application as abandoned where:
Amendment 1188 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
(c) the applicant refuses to cooperate by not providing the necessary details for the application to be examined and by not providing his or her fingerprints and facial image pursuant to Article 7(3)details listed in Article 27(1)(a) and (b) for purpose of the examination of an application;
Amendment 1193 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point e
Article 39 – paragraph 1 – point e
Amendment 1207 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application willmay be definitely rejected as abandondiscontinued unless the applicant reports to the determining authority within a period of onine months from the date when the written notice is sentreceived.
Amendment 1214 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. Where the applicant does not report to the determining authority within this onine-month period and does not demonstrate that his or her failure was due to circumstances beyond his or her control, the determining authority shall consider that the application has been implicdefinitely withdrawndiscontinued.
Amendment 1217 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
Amendment 1225 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 1 – introductory part
Article 40 – paragraph 1 – introductory part
1. The determining authority shallmay, in accordance with the basic principles and guarantees provided for in Chapter II, accelerate the examination on the merits of an application for international protection, in the cases where:
Amendment 1228 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point a a (new)
Article 40 – paragraph 1 – point a a (new)
(aa) the application is likely to be well- founded;
Amendment 1230 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point c
Article 40 – paragraph 1 – point c
Amendment 1234 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point d
Article 40 – paragraph 1 – point d
Amendment 1238 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point e
Article 40 – paragraph 1 – point e
Amendment 1244 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point f
Article 40 – paragraph 1 – point f
Amendment 1251 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point g
Article 40 – paragraph 1 – point g
Amendment 1258 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The determining authority shall conclude the accelerated examination procedure within two months from the lodging of the application. By way of exception, in the cases set out in paragraph (1)(d), the determining authority shall conclude the accelerated examination procedure within eight working days.
Amendment 1262 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. The Member State responsible shall allow applicants to remain on its territory until the time limit within which to exercise their right to an effective remedy has expired and, when such a right has been exercised within the time limit, pending the outcome of the remedy, in line with Article 54 of this Regulation.
Amendment 1264 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. Where the determining authority considers that the examination of the application involves issues of fact or law that are too complex to be examined under an accelerated examination procedure, it may continue the examination on the merits in accordance with Articles 34 and 37. In that case, or where otherwise a decision cannot be taken within the time-limits referred to in paragraph 2or where a decision cannot be taken within the time-limits referred to in paragraph 2, it shall continue the examination on the merits in accordance with Articles 34 and 37. In that case, the applicant concerned shall be informed of the change in the procedure.
Amendment 1269 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 5 – introductory part
Article 40 – paragraph 5 – introductory part
5. The accelerated examination procedure may be applied to unaccompanied minors only where: the application is likely to be well-founded.
Amendment 1272 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 5 – point a
Article 40 – paragraph 5 – point a
Amendment 1274 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 5 – point b
Article 40 – paragraph 5 – point b
Amendment 1282 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point a
Article 41 – paragraph 1 – point a
(a) the admissibility of an application made at such locations pursuant to Article 36(1); or
Amendment 1283 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
Amendment 1286 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. A decision referred to in paragraph 1 shall be taken as soon as possible without prejudice to an adequate and complete examination of the application, and not longer than fourtwo weeks from when the application is lodged.
Amendment 1288 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Where a final decision is not taken within fourtwo weeks referred to in paragraph 2, the applicant shall no longer be kept at the border or transit zones and shall be granted entry to the territory of the Member State for his or her application to be processed in accordance with the other provisions of this Regulation.
Amendment 1290 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
Amendment 1297 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – introductory part
Article 41 – paragraph 5 – subparagraph 1 – introductory part
The border procedure mayshall not be applied to unaccompanied minors, in accordance with Articles 8 to 11 of Directive (EU) No XXX/XXX (Reception Conditions Directive) only where:minors.
Amendment 1301 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – point a
Article 41 – paragraph 5 – subparagraph 1 – point a
Amendment 1304 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – point b
Article 41 – paragraph 5 – subparagraph 1 – point b
Amendment 1307 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – point c
Article 41 – paragraph 5 – subparagraph 1 – point c
Amendment 1309 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 1 – point d
Article 41 – paragraph 5 – subparagraph 1 – point d
Amendment 1314 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5 – subparagraph 2
Article 41 – paragraph 5 – subparagraph 2
Amendment 1317 #
2016/0224(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. After a previous application had been rejected by means of a final decision, any second or further application made by the same applicant in any Member State shall be considered to be a subsequent application by the Member State responsible.
Amendment 1322 #
2016/0224(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. A subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether relevant new elements or findings have arisen or have been presented by the applicant which significantly increase the likelihood of the applicant qualifying as a beneficiary of international protection by virtue of Regulation (EU) No XXX/XXX (Qualification Regulation) or which relate to the reasons for which the previous application was rejected as inadmissible.
Amendment 1329 #
2016/0224(COD)
Proposal for a regulation
Article 42 – paragraph 4 – point b
Article 42 – paragraph 4 – point b
(b) the applicant was unable, through no fault on his or her own part, to present those elements or findings during the procedure in the context of the earlier application, unless it is considered unreasonable not to take those elements or findings into account.
Amendment 1332 #
2016/0224(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. Where the conditions for initiating a new procedure as set out in paragraph 4 are not met, the determining authority shall reject the application as inadmissible, or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success.
Amendment 1334 #
2016/0224(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 1352 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. A third country shallmay be considered to be a first country of asylum for a particular applicant provided that:
Amendment 1355 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point a
Article 44 – paragraph 1 – point a
(a) the applicant has enjoyedbeen recognised as a refugee and enjoyed effective protection in accordance with the Geneva Convention in that country without any geographical restriction, before travelling to the Union and he or she can still avail himself or herself of that protection; or.
Amendment 1357 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point b
Article 44 – paragraph 1 – point b
Amendment 1363 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point c a (new)
Article 44 – paragraph 2 – point c a (new)
(c a) there is no real risk that the applicant would be transferred by the third state to another state in which he or she would not receive effective protection, or would be at risk of being transferred from there to any other state, where such protection would not be available;
Amendment 1366 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point e a (new)
Article 44 – paragraph 2 – point e a (new)
(e a) fundamental rights are respected in accordance with applicable international standards, including that there is no real risk to the life of the applicant and no real risk that the applicant would be deprived of his/her liberty without due process;
Amendment 1369 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point f a (new)
Article 44 – paragraph 2 – point f a (new)
(f a) the applicant has access to means of subsistence sufficient to maintain an adequate standard of living, and steps are undertaken by the third state to enable the progressive achievement of self-reliance, pending the realisation of durable solutions;
Amendment 1372 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point f b (new)
Article 44 – paragraph 2 – point f b (new)
(f b) the third country takes account of any special vulnerabilities of the applicant and maintains the privacy interests of the applicant;
Amendment 1373 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point f c (new)
Article 44 – paragraph 2 – point f c (new)
(f c) effective protection remains available until a durable solution can be found;
Amendment 1377 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2 a. Decisions considering that the conditions set out in paragraph 1 of this Article are met should be regularly reviewed by independent organisations.
Amendment 1380 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Before his or her application can be rejected as inadmissible pursuant to Article 36(1)(a)part of a determination on its merits pursuant to Section II of this Regulation, the applicant shall be allowed to challenge the application of the first country of asylum concept in light of his or her particular circumstances when lodging the application and during the admissibility interviewat any stage of the procedure.
Amendment 1381 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. As regards unaccompanied minors, tThe concept of first country of asylum may only be applied where the authorities of Member States have first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she shall immediately benefit from one of the forms of protection referred to in paragraph 1shall not be applied to unaccompanied minors.
Amendment 1386 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
Amendment 1388 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
6. Where the third country in question does not admit or readmit the applicant to its territory, the determining authority shall revoke the decision rejecting the application as inadmissible and shall give access to the procedure in accordance with the basic principles and guarantees provided for in Chapter II and Section I of Chapter III.
Amendment 1391 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – introductory part
Article 45 – paragraph 1 – subparagraph 1 – introductory part
A third country shallmay be designated as a safe third country in the individual circumstances of an applicant provided that:
Amendment 1396 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point c a (new)
Article 45 – paragraph 1 – subparagraph 1 – point c a (new)
(c a) there is no real risk that the applicant would be transferred by the third state to another state in which he or she would not receive effective protection, or would be at risk of being transferred from there to any other state, where such protection would not be available;
Amendment 1397 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point d a (new)
Article 45 – paragraph 1 – subparagraph 1 – point d a (new)
(d a) fundamental rights are respected in accordance with applicable international standards, including that there is no real risk to the life of the applicant and no real risk that the applicant would be deprived of his/her liberty without due process;
Amendment 1398 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point d b (new)
Article 45 – paragraph 1 – subparagraph 1 – point d b (new)
(d b) the applicant has access to means of subsistence sufficient to maintain an adequate standard of living, and steps are undertaken by the third state to enable the progressive achievement of self-reliance, pending the realisation of durable solutions;
Amendment 1399 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point d c (new)
Article 45 – paragraph 1 – subparagraph 1 – point d c (new)
(d c) the third country takes account of any special vulnerabilities of the applicant and maintains the privacy interests of the applicant;
Amendment 1401 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point e
Article 45 – paragraph 1 – subparagraph 1 – point e
(e) the possibility exists to receive protection in accordance with the substantive standards of the Geneva Convention or sufficient protection as referred to in Article 44(2), as appropriatequest international protection and, if recognised as a refugee, to receive effective protection in accordance with the Geneva Convention without any geographical restriction, which remains available until a durable solution can be found.
Amendment 1407 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
The assessment of whether a third country may be designated as a safe third country in accordance with this Regulation shall be based on the individual circumstances of the applicant and on a on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe and other relevant organisations.
Amendment 1411 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 2 – introductory part
Article 45 – paragraph 2 – introductory part
2. The concept of safe third country shall only be applied: in individual cases in relation to a specific applicant as part of the examination on the merits of an application pursuant to Section II of this Regulation.
Amendment 1414 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point a
Article 45 – paragraph 2 – point a
Amendment 1416 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point b
Article 45 – paragraph 2 – point b
Amendment 1418 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point c
Article 45 – paragraph 2 – point c
Amendment 1420 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 3 – introductory part
Article 45 – paragraph 3 – introductory part
3. The determining authority shallmay consider a third country to be a safe third country for a particular applicant, after an individual examination of the application, only where it is satisfied of the safety of the third country for a particular applicant in accordance with the criteria established in paragraph 1 and it has established that:
Amendment 1422 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 3 – point a
Article 45 – paragraph 3 – point a
(a) there is a meaningful connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that country, including because the applicant has transited through that third country which is geographically close to the country of origin of the applicant;
Amendment 1425 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 3 – point b
Article 45 – paragraph 3 – point b
(b) the applicant has not submitted serious grounds for considering the country not to be a safe third country in his or her particular circumstances.
Amendment 1428 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
4. Before his or her application can be rejected as inadmissible pursuant to Article 36(1)(b)part of a determination on its merits pursuant to Section II of this Regulation, an applicant shall be allowed to challenge the application of the concept of safe third country in light of his or her particular circumstances when lodging the application and during the admissibility interviewat any stage of the procedure.
Amendment 1429 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. As regards unaccompanied minors, the concept of safe third country may only be applied where the authorities of the Member States have first received from the authorities of the third country in question confirmation that the unaccompanied minor shall be taken in charge by those authorities and that he or she shall immediately have access to one of the forms of protection referred to in paragraph 1(e)The concept of safe third country shall not be applied to unaccompanied minors.
Amendment 1436 #
2016/0224(COD)
Proposal for a regulation
Article 46
Article 46
Amendment 1442 #
Amendment 1454 #
2016/0224(COD)
Proposal for a regulation
Article 48
Article 48
Amendment 1462 #
2016/0224(COD)
Proposal for a regulation
Article 49
Article 49
Amendment 1476 #
2016/0224(COD)
Proposal for a regulation
Article 50
Article 50
Amendment 1503 #
2016/0224(COD)
Proposal for a regulation
Article 51
Article 51
Amendment 1507 #
2016/0224(COD)
Proposal for a regulation
Article 52 – paragraph 1 – introductory part
Article 52 – paragraph 1 – introductory part
1. Where the competent authority is considering withdrawing international protection from a third-country national or stateless person, including in the context of a regular status review referred to in Articles 15 and 21 of Regulation (EU) No XXX/XXX (Qualification Regulation), the the person concerned shall enjoy the following guarantees, in particular:
Amendment 1519 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 2
Article 53 – paragraph 3 – subparagraph 2
The applicant may only bring forward any new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation.
Amendment 1521 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 3 a (new)
Article 53 – paragraph 3 a (new)
3 a. The applicant shall have a right to an oral hearing before a first level appeal court or tribunal.
Amendment 1522 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – introductory part
Article 53 – paragraph 6 – subparagraph 1 – introductory part
Applicants shall lodge appeals against any decision referred to in paragraph 1: within one month of receipt of the notification of such decision.
Amendment 1524 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point a
Article 53 – paragraph 6 – subparagraph 1 – point a
Amendment 1529 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point b
Article 53 – paragraph 6 – subparagraph 1 – point b
Amendment 1534 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point c
Article 53 – paragraph 6 – subparagraph 1 – point c
Amendment 1540 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 2
Article 53 – paragraph 6 – subparagraph 2
Amendment 1544 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 3
Article 53 – paragraph 6 – subparagraph 3
The time-limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or from the moment the legal adviser or counsellor is appointed if the applicant has introduced a request for free legal assistance and representation. Where the applicant has requested free legal assistance and representation according to Article 15(1), after notification of such decision, these time limits shall start to run from the date when the legal advisor or counsellor is appointed.
Amendment 1547 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 1558 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
Amendment 1559 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
Amendment 1562 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 5
Article 54 – paragraph 5
Amendment 1584 #
2016/0224(COD)
Proposal for a regulation
Article 60 – paragraph 2 – subparagraph 1 (new)
Article 60 – paragraph 2 – subparagraph 1 (new)
Member States shall regularly report to the Commission in relation to the implementation and application of Section III of this Regulation.
Amendment 9 #
2016/0208(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) In recent trade agreements between the Union and third countries, regulatory cooperation generally outweighs tariff reduction provisions. Therefore, such agreements should properly address concerns about money laundering, tax evasion and terrorist financing, as they largely use a transnational context. Therefore trade agreements should be designed in a way that money laundering and tax evasion both in third countries by European nationals or entities or by foreigners in the Member States are avoided. Trade Sustainability Impact Assessments (TSIAs), which precede and feed into the formulation and the adoption of negotiating directives by Member States via the Council, should contain precise information on the performance of the respective third country or countries in this respect, including the implementation of legislation and the availability of resources to perform scrutiny and detect of the mentioned practices.
Amendment 13 #
2016/0208(COD)
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) Within a year from the entry into force of this Directive, the Commission should provide a report to Member States on possible loopholes in the chapters on financial services and establishment in EU trade agreements with third countries already in force, in particular the definition of investment and establishment, scope and time limits of prudential carve outs, the existence or non-existence of ceilings for money transfer between parties of the trade agreements, currencies allowed for this transfer, confirmation of bank secret and the existence of provisions on data exchange.
Amendment 14 #
2016/0208(COD)
Proposal for a directive
Recital 10 c (new)
Recital 10 c (new)
(10c) The chapters on financial services and establishment in future trade agreements should contain narrow definitions of investment, so as to exclude products which have a high potential to carry undeclared money; provide for the establishment of public ultimate beneficial ownership registers of companies, trusts and similar legal arrangements created, administered or operated in the territories the trade agreement comprises; include arrangements on cooperation in the control of financial flows and lifting the bank secret, in accordance with data protection rules and open data standards; enlarge scope and time limits for prudential carve-outs beyond "imbalance of payments necessities", and replace "best endeavour" commitments by compulsory provisions.
Amendment 15 #
2016/0208(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) Where trade agreements with developing countries exist or are under negotiation, sufficient funds must be earmarked, as part of the agreement, for the creation of technical, human and institutional capacity to carry out the above mentioned requirements. Annual reports on implementation of the trade agreement the Union has concluded with third countries should have a special section on financial services and establishment and contain verifiable information on compliance with the requirements mentioned above.
Amendment 168 #
2016/0133(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Assuming responsibility by a Member State Member State should be able to derogate from the responsibility criteria for example on humanitarian grounds, in particular for exfaminly reasons, and examinge an application lodged with it in cases whenfor international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation may undermine the effectiveness and sustainability of the system and should be exceptional. Therefore, a Member State should be able to derogate from the responsibility criteria only on humanitarian grounds, in particular for family reasons, before a Member State responsible has been determined and examine an application for international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulat. In order to ensure full respect of the applicant's right to private and family life, and in order to improve the prospects of long-term integration of the applicants, the existence of meaningful links with a Member State, including language skills, education, professional skills or cultural ties which would facilitate his or her integration, should become a binding responsibility criterion.
Amendment 237 #
2016/0133(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) When the allocation mechanism applies, the applicants who lodged their applications in the benefitting Member State should be allocated to Member States which are below their share of applications on the basis of the reference key as applied to those Member States. Appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order, especially rules as regards the exchange of information between competent asylum authorities of Member States. After the transfer, the Member State of allocation should determine the Member State responsible, and should become responsible for examining the application, unless the overriding responsible criteria, related in particular to the presence of family members or meaningful links with a Member State, including language skills, education, professional skills or cultural ties, determine that a different Member State should be responsible.
Amendment 273 #
2016/0133(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the identification of family members or, relatives or any other family relativeons of an unaccompanied minor; 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 elements for assessing a private sponsorship; the criteria for assessing the capacity of a person to take care of a dependent person; the criteria for assessing the existence of meaningful links to a certain Member State, including language skills, education, professional skills or cultural ties; standard operating protocols for the determination of the best interests of a child 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 under Article 8 of 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 429 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 443 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) of the possibility under Article 36(4) to express a maximum of three preferences for the determining Member State responsible;
Amendment 458 #
2016/0133(COD)
(ib) of the right to request free legal assistance and representation at all stages of the procedure;
Amendment 474 #
2016/0133(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Right to free legal assistance and representation 1. Without prejudice to the applicant's right to choose his or her own legal representative at his or her own cost, Member States shall provide free legal assistance and representation on matters relating to the application of this Regulation at all stages of the procedure. 2. The free legal assistance and representation shall, at least, include: (a) the provision of information on the procedure in the light of the applicant's individual circumstances; (b) assistance in the preparation of the personal interview and supporting documents and evidence to be provided as part of the interview, including participation in the personal interview as necessary; (c) explanation of the reasons for and consequences of a transfer decision as well as information as to how to challenge that decision or how to access remedies in situations where no transfer decision is taken pursuant to Article 28.
Amendment 583 #
2016/0133(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a Meaningful links with a Member State 1. Where the applicant has meaningful links with a Member State, including language skills, education, professional skills or cultural ties which would facilitate his or her integration, that Member State will be responsible for examining the application for international protection.
Amendment 607 #
2016/0133(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18 a Private Sponsorship 1. Where an applicant is sponsored by a person legally residing in one of the Member States, the Member State of residence of the sponsor will be the responsible Member State, provided that the sponsor is able to take care of the dependent person and that the persons concerned expressed their desire in writing. 2. The Commission is empowered to adopt delegated acts in accordance with Article 57 concerning the elements to be taken into account in order to determine the criteria for assessing the capacity of the sponsor concerned to take care of the dependent person. 3. The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and exchange of information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 614 #
2016/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on family grounds in relation to wider family not covered by Article 2(g) , even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 799 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2a. Paragraph 1 does not apply to applicants falling under the cases referred to in Articles 10-14ANEW and 18ANEW.
Amendment 3 #
2015/2353(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for adequate financing in order to implementncrease the coherence of the Commission’s ambitious trade policy agenda with the EU's global action goals, contributing to the stability and prosperity of the EU and third countries;
Amendment 9 #
2015/2353(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that the migration and refugee crisis has revealed significant shortcomings in the consistency of EU action in the Eastern and Southern Neighbourhood and in Sub-Saharan Africa; calls on the Commission to seize the opportunity of the MFF revision to launch a fundamental reform of the policy strategy towards the EU’s partners with a view to increasing its impacpolicy coherence for development and tackling migration causes effectively; underlines that the funding of programs for the mitigation of the refugee crisis should not be deduced from Official Development Assistance (ODA) spending;
Amendment 14 #
2015/2353(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to assess and improve the various initiatives under the Partnership Instrument supporting SME internationalisation, in relation to private and Member State initiatives, with a view to ensuring complementarity and European added-value; underlines that such funding needs to be assessed against compliance with ILO and Human Rights standards;
Amendment 20 #
2015/2353(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the increasing recourse to guarantees and financial instruments outside the EU budget to respond to multiple crises despite budgetary constraints; deplores the various cuts in Heading 4 in order to provide funding for the newly created Trust Funds for Syria and Africa and the Turkey Facility; insists that such funding instruments must adhere to the established criteria of aid effectiveness, such as ownership and alignments, remain an exception and should eventually be included in the budget;
Amendment 26 #
2015/2353(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers the European Guarantee Fund for External Actions to be an efficient and effective mechanism for provisioning for risks related to EU lending operations in third countries; urges that more lending be made available to support SMEs and in support of the development of social and economic infrastructure in the regions most affected by the migration and refugee crisis is subject to prior sustainability impact assessment;
Amendment 31 #
2015/2353(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the valuable support under the EU’s Macro-Financial Assistance mechanism to partner countries facing severe economic difficulties must be reflected in the EU budget; suggests that, in the longer term, the integration of the MFA instrument into the European Neighbourhood Program Instrument should be contemplated, in order to increase coherence of EU action;
Amendment 34 #
2015/2353(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for sufficient resources under Heading 5 in order to conduct assessments of trade agreements, in particular with regards to their contribution to the fight against poverty and adverse impacts on sustainable development and Human Rights, and ensure that the obligations of the EU and its trading partners in this regard are implemented and enforced.
Amendment 10 #
2015/2233(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to its resolution of 8 September 2015 on the follow-up to the European Citizens' Initiative Right2Water,
Amendment 19 #
2015/2233(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the TiSA negotiations arshould be aimed at achieving better and stronger international regulation, not lower domestic regulation;
Amendment 49 #
2015/2233(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas amendments to the GATS and the respective annexes require approval by two thirds of the WTO members; whereas the Ministerial Conference of the WTO may decide exclusively by consensus to add plurilateral agreements to Annex 4 of the Marrakesh Agreement Establishing the WTO; whereas, for an agreement on trade in services to be enforceable, it needs to be fully anchored to the WTO and its Dispute Settlement Mechanism; whereas a principle of special and differential treatment of Developing Countries is enshrined in the WTO, including in GATS;
Amendment 51 #
2015/2233(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the globalisation, servicification and digitalisation both of our economies and of international trade call for policy action to set up and enhance international rules;
Amendment 81 #
2015/2233(INI)
Motion for a resolution
Recital G
Recital G
G. whereas numerous barriers to trade in services, which if translated into equivalent tariffs and including necessary ones amount to 15 % for Canada, 16 % for Japan, 25 % for South Korea, 44 % for Turkey and 68 % for China, continue to prevent European companies from reaping the full benefits of their competitiveness; whereas the EU, where the tariff equivalent of services restrictions is only 6 %, is substantially more open than most of its partners; whereas services and goods cannot however be put on the same level of comparison since services are necessarily much more regulated;
Amendment 86 #
2015/2233(INI)
Motion for a resolution
Recital H
Recital H
H. whereas non-tariff barriers, which, including necessary ones, on average represent more than 50 % of the cost of cross-border services, disproportionately affect small and medium-sized enterprises, which often lack the human and financial resources necessary to overcome those obstacles; whereas the elimination of unnecessary barriers would facilitate their internationalisation; whereas cross-border trade in services bears risks in respect of consumer protection and regulatory arbitrage thereby making regulation, such as localisation requirements, particularly necessary;
Amendment 92 #
2015/2233(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the globalisation of value chains increases the import content of both domestic output and exports; whereas in a context of global value chains binding core international standards become even more necessary in order to avoid a further race to the bottom, as well as social and environmental dumping;
Amendment 99 #
2015/2233(INI)
Motion for a resolution
Recital J
Recital J
J. whereas citizens’ trust in EU’s trade policy is a must, which can only be restored by ensuring the highest level of transparency, by maintainsetting up a genuinge constant dialogue with civil society where input and concerns are really taken into account, and by setting clear guidelines in the negotiations;
Amendment 112 #
2015/2233(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas most of the commitments in the EU schedule refer to Member States' national legislation; whereas implementation of commitments particularly affects regional and local governments;
Amendment 116 #
2015/2233(INI)
Motion for a resolution
Recital K
Recital K
K. whereas data protection is not an economic burden, but a source of economic growth; whereas restoring trust in the digital world is crucial; whereas data flows are indispensable to trade in services; whereas several Parties have already taken a position on the controversial US proposals on free flow of information, including personal information, and on prohibiting the use of local infrastructure; whereas the EU has taken no position on these proposals yet;
Amendment 140 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point i
Paragraph 1 – point a – point i
i. to consider the TiSA negotiations as a stepping-stone towards renewed ambitions at WTO level with the aim of re- launching negotiations for a reformed GATS;
Amendment 154 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point ii
Paragraph 1 – point a – point ii
ii. to reiterate its support for a comprehensive andthe importance of a balanced agreement, which should unleash the untapped potential of a more integrated global services market, while fully guaranteeing compliance with the current and future EU acquis; to shapre-regulate globalisation and to create international standards, while fully preserving the right to regulateand legally securing the right to regulate to strengthen GATS's weak safeguards of the right to regulate and exclusions of public services; to secure increased market access for European services suppliers in key sectors of interest, while accommodating specific carve-outs for sensitive sectors including third countries' sensitivities;
Amendment 167 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point iii
Paragraph 1 – point a – point iii
iii. to push foraim at multilateralisation by crafting GATS-compatible provisions and by accepting new parties conditional on their acceptance of the agreed rules and level of ambition, bearing in mind that departing too much from the GATS architecture will undermine the multilateral perspective, and by ensuring flexibility when extending membership especially in the case of Developing Countries; to incentivise wider participation in the talks by granting interested parties observer status; to note that both the highest barriers and the highest growth potential regarding trade in services are to be found in the BRICS and the MINT countries; to recognise the importance of those countries for the EU, as export destinations with a rising middle class, as sources of intermediate inputs and as key hubs in global value chains; to open the way for the participation of China;
Amendment 181 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point iv
Paragraph 1 – point a – point iv
iv. to carry outonsider that, if the negotiations are carried out on a preferential basis and to limit the benefits of the agreement to TiSA are limited to parties until it is multilateralised, TiSA will not be able to dispose of a dispute-settlement mechanism relying on cross-retaliation with goods; to note that, in order to set up a plurilateral agreement under the WTO, members need to give unanimous approval; to reject the perspective of a plurilateral and preferential agreement;
Amendment 189 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point vi
Paragraph 1 – point a – point vi
vi. to ensure synergies between bilateral, plurilateral andconsistency with multilateral agreements currently being negotiated, as well as with single market developments; to prioritise multilateral negotiations and to acknowledge that the current proliferation of bilateral and plurilateral negotiations is undermining the multilateral framework;
Amendment 211 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point viii a (new)
Paragraph 1 – point a – point viii a (new)
viiia. if TiSA will be a GATS Article V agreement, to table a proposal for an annex on trade and sustainable development with binding commitments to ratify and effectively implement core ILO Conventions and the multilateral environmental agreements the EU is member to;
Amendment 215 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point viii b (new)
Paragraph 1 – point a – point viii b (new)
viiib. to ensure respect of the EU Charter of Fundamental Rights by all trade agreements, with systematic fundamental rights checks that are necessary in order to guarantee compliance; to carry out a fundamental rights check in order for the Parliament to be able to take an informed decision regarding giving its consent to TiSA or not;
Amendment 217 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point viii c (new)
Paragraph 1 – point a – point viii c (new)
viiic. to ensure that investor-to-state dispute settlement mechanisms cannot be 'imported' from other BITs by virtue of MFN clauses;
Amendment 219 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point i
Paragraph 1 – point b – point i
i. to exclude public services of general interest, services of general economic interest and cultural services from the scope of the negotiations, and to seek the further opening of foreign markets in telecommunications, transport and professional services while respecting third countries' sensitivities, notably in the case of Developing Countries;
Amendment 236 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point ii
Paragraph 1 – point b – point ii
ii. to ensure reciprocity at all levels; to condition any further commitments beyond the EU’s current level of openness on the other parties’ proportionate offers; to support the use of horizontal commitment- related provisions as a means to set a common level of ambitions, and to take note that such minimum requirements would set clear parameters for countries interested in participatingwhile keeping flexibility for Developing Countries by including a specific provision on a special and differential treatment based on GATS Article IV; to condition any further commitments beyond the EU’s current level of openness on the other parties’ proportionate offers while respecting other Parties' sensitivities; to make limited and cautious use of horizontal commitment- related provisions as these would make TiSA depart too much from GATS, thereby undermining multilateralisation prospects;
Amendment 248 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point iv
Paragraph 1 – point b – point iv
iv. to acknowledge that standstill and ratchet clauses do not apply to market access commitments; to note that standstill and ratchet do apply to national treatment in a hybrid list; to acknowledge that under national treatment there are important regulatory measures that could require revision if deemed necessary by regulators; to negotiate on the basis of a positive list and to drop standstill and ratchet clauses;
Amendment 256 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point iv a (new)
Paragraph 1 – point b – point iv a (new)
iva. to include a provision in order to allow for withdrawal of commitments;
Amendment 259 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point v
Paragraph 1 – point b – point v
v. to undertake limited commitments in Mode 1 so as to avoid regulatory arbitrage and social dumping; to ensure that European rules are fully respected when a company provides a service from abroad to European consumersand enforceable on foreign providers established in a third country when a company provides a service from abroad to European consumers; to note that the current proposals on horizontal localisation requirements would be in contradiction with these requests and to therefore reconsider the inclusion of the annex 'New Provisions Applicable to All Services';
Amendment 270 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point vi
Paragraph 1 – point b – point vi
vi. to take an ambitious approach in Mode 3 by seeking the removal of third-country barrierlimitations to establishment, such as foreign equity caps and joint venture requirements, without however introducing horizontal general obligations to remove such limitations, while respecting other Parties' sensitivities and maintaining consistency with a special and differential treatment for Developing Countries;
Amendment 274 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point vii
Paragraph 1 – point b – point vii
vii. to take a cautious approach in Mode 4, while bearing in mind that the EU has an offensive interest in the inward and outward movement of highly-skilled labour; to acknowledge that the labour clause maintains the legal obligation of foreign service providers to comply with EU and Member State social and labour legislation, as well as with collective agreements; to move the EU labour clause and related provisions from the EU offer to the Mode 4 annex; to enter into ambitious commitments for those cases which underpin Mode 3 commitments and, especially in those cases, to consider the professional or the worker as an employee of the company and not as a self- employed;
Amendment 283 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point viii
Paragraph 1 – point b – point viii
viii. to acknowledge that by means of limitations and exemptions, each Party retains the sovereign right to choose which sectors to open to foreign competition and to what extent; to remind however that ratchet and standstill clauses, even if only applied to national treatment, do not allow reducing committed levels of liberalisation if a new regulatory environment so requires; to therefore base negotiations on a positive list in order for national authorities to fully retain such sovereign right;
Amendment 288 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point ix
Paragraph 1 – point b – point ix
ix. to exclude, in line with Articles 14 and 106 of as well as protocol 26 to the TFEU, current and future Services of General Interest (SGI) as well as Services of General Economic Interest from EU commit(SGEI) from the agreements (including but not limited to water, health, social services, social security systems and education); to ensure that European, national and local authorities retain the full right to introduce, adopt, maintain or repeal any measures with regard to the commissioning, organisation, funding and provision of public serviceSGIs and SGEIs; to apply this exclusion irrespective of how the public serviceSGIs and SGEIs are provided and funded; to acknowledge that social security systems are excluded from the negotiations; to note that some SGIs and SGEIs are classified under business services or distribution services and to make sure such cross-sectorial dimension is covered when excluding SGIs and SGEIs from the agreement;
Amendment 293 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point ix a (new)
Paragraph 1 – point b – point ix a (new)
ixa. to fully exclude water and sanitation services, such as production, distribution and treatment from the agreement; to withdraw proposed commitments on waste water services from the EU offer; to include a clause on genuine access to drinking water that is applicable to all Parties in line with the Union's long- lasting commitment to sustainable development and human rights;
Amendment 296 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point ix b (new)
Paragraph 1 – point b – point ix b (new)
ixb. to reject the proposal on a patient mobility Annex;
Amendment 298 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point x
Paragraph 1 – point b – point x
x. to introduce an unequivocal ‘gold standard’ clause, which c explicitly based on the principles laid down in Article 14 TFEU and Protocol 26 and including a reference to the specific regulatory regimes public services are subject to, the social purpose they pursue, the function they play in society and the specific obligations imposed on service providers in the public interest, which should be included in all trade agreements and would clarify thatreplace the public utilities clause appliesnd apply to all modes of supply and to any services considered as public services by European, national or regional authorities;
Amendment 309 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point xi
Paragraph 1 – point b – point xi
xi. to ensure, in line with Article 167(4) TFEU and with the UNESCO Convention on the protection and promotion of the diversity of cultural expressions, that the parties preserve their right to adopt or maintain any measure with respect to the protection or promotion of cultural and linguistic diversity; to explicitly exclude audiovisual services, media and publishing, broadcasting, publishing and all other services that are not formally included in the audiovisual service category and that are relevant for culture from the scope of the agreement, irrespective of the technology or distribution platform used;
Amendment 336 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point c – point ii
Paragraph 1 – point c – point ii
ii. to acknowledge that data protection is not a trade barrier, but a fundamental right, enshrined in Article 39 TEU and Article 8 of the Charter of Fundamental Rights of the European Union, as well as in Article 12 of the Universal Declaration of Human Rights; to acknowledge that GATS Article XIVincorporate, as a key priority, a comprehensive and unambiguous horizontal self-standing provision, which fully exempts the existing and future EU legal framework for the protection of personal data from these negotiations, will be replicated in the TiSA core textthout any condition that it must be consistent with other parts of TiSA; to apply such provisions to all other TiSA annexes;
Amendment 346 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point c – point iii
Paragraph 1 – point c – point iii
iii. to ensure that European citizens’ personal data flow globalcan be transferred outside the EU only inf full compliance with the data protection and security rules in force in Europe is guaranteed and respected; to ensure that citizens remain in control of their own data; to immediately formally reject, therefore, any ‘catch-all’ provisions on data flows which are disconnected from any reference to the necessary compliance with data protection standards; to mirror the language used in the WTO Understanding on financial services;
Amendment 350 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point c – point iii a (new)
Paragraph 1 – point c – point iii a (new)
iiia. to immediately and formally oppose the US proposals on movement of information and prohibition to use local infrastructure in the e-commerce annex;
Amendment 358 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point c – point v
Paragraph 1 – point c – point v
v. to recognise that digital innovation is a driver of economic growth and productivity in the entire economy; to recognise the need for data flows; to seek, therefore, a comprehensive prohibition of forced data localisation requirementinsist that any localisation requirements on data and data processing equipment and establishment be in line with EU rules on data transfers;
Amendment 367 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point c – point vi
Paragraph 1 – point c – point vi
vi. to ensure that the provisions of the final agreement are consistent with existing and future legislation at EU level, including the Connected Continent Package, the General Data Protection Regulation and the 16 measures embedded in the communication on the Digital Single Market; to safeguard net neutrality and to reject additional conditions reducing the rights of users as compared to the EU Regulation on a European single market in electronic communications; to guarantee that the EU retains its ability to limprohibit the transfer of data from the EU to third countries where the rules of the third party do not meet EU adequacy standards and where alternative avenues, such as binding corporate rules or standard contractual clauses, are not used by companies;
Amendment 377 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point c – point vii
Paragraph 1 – point c – point vii
vii. to address persistent regulatory asymmetries regarding the telecommunications sector, by preventing parties from imposing foreign equity caps, by layingto consider that still in the EU member states there exists limitations concerning foreign equity caps, to reject any horizontal prohibition on such limitations and to apply a special and differential treatment of Developing Countries in this respect, to lay down pro-competitive wholesale access rules for incumbent operators’ networks, by providing clear and non- discriminatory rules for licensing, by guaranteeing the independence of regulators, and by supporting an extensive definition of telecommunications services covering all types of network;
Amendment 382 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point c – point vii a (new)
Paragraph 1 – point c – point vii a (new)
viia. to exempt from the negotiations matters falling within the scope of the telecoms 'universal service' Directive and to exclude necessity tests from provisions on universal service obligations;
Amendment 395 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point d – point ii
Paragraph 1 – point d – point ii
ii. to recall that Mode 4 commitments only apply to the movement of high-level professionals for a specific purpose, for a limited period of time and under precise conditions stipulated by a contract and by domestic legislation; to take into consideration the interest of Developing Countries in other categories of service providers;
Amendment 405 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point d – point iii
Paragraph 1 – point d – point iii
iii. to recognise this chapter as an offensive interest for Europe, given that EU professionals are well-educated and mobile and that EU companies increasingly require the specific skills of foreign professionals inside Europe and their personnel outside Europe, in order to support the establishment of new business activities; to recognise that Developing Countries may need to be able to protect their skilled and well-educated professionals, to not therefore introduce any horizontal prohibition to apply economic needs tests;
Amendment 407 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point d – point iv
Paragraph 1 – point d – point iv
iv. to oppose any provisions regarding visas and other entry procedures except those aimed at increasing transparency and streamlining administrative procedures; to set requirements to ensure that temporary service providers return homeoppose linking simplification of visa procedures with readmission arrangements in the context of trade agreements;
Amendment 414 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point d – point v
Paragraph 1 – point d – point v
v. to seekreconsider provisions to horizontally prohibit the requirement of establishing a commercial presence, or of being a resident, as a condition for providing professional services as these bear the risk of foreign operators providing services cross-border not being subject to the same requirements and regulations as national providers; to limit the scope of the Annex on professional services to the list of commitments made by each Party;
Amendment 425 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point e – point i
Paragraph 1 – point e – point i
i. to aim at reinforcing financial stabilitythe stability of the financial system and single financial institutions, guaranteeing full consistency with the post-crisis regulatory environment, ensuring adequate protection for consumers and guaranteeing fair competition between financial services providers;
Amendment 435 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point e – point ii
Paragraph 1 – point e – point ii
ii. to step up, towards a binding commitment instead of just a best endeavour, the implementation and application of international standards for the regulation and supervision of the financial sector, such as those endorsed by the G20, the Basel Committee on Banking Supervision, the Financial Stability Board, the International Organisation of Securities Commissions and the International Association of Insurance Supervisors; to bind TiSA parties not signaensure, however, that such standards are seen as minimum, not maximum standards and that countries can also apply them extraterritorially to their own firms and their activities as well as to all firms operating in their territory; to acknowledge that the WTO Understanding on Financial Services to equivalent rulepre-dates the financial crisis and the regulatory environment that has emerged afterwards;
Amendment 437 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point e – point iii
Paragraph 1 – point e – point iii
iii. to replicate the GATS prudential carve- out so as to allow parties to deviate from their trade commitments when this is necessary for prudential reasons; build, at the very least, on the CETA prudential carve-out instead of the GATS prudential carve-out, so as to ensure a better guarantee for financial stability while keeping the necessary margin of manoeuvre, so as to allow parties to deviate from their trade commitments when this is necessary for prudential and, more broadly, regulatory reasons; to provide for an open list of prudential objectives which would at least include the reduction of systemic risks embedded in the financial system, as well as the inclusion of consumer protection and social and environmental goals as legitimate public policy objectives;
Amendment 442 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point e – point iv
Paragraph 1 – point e – point iv
iv. to ensure that this agreement does not limit the EU’s ability to ban certain financial products in line with its regulatory framework, including new financial services, in line with its current and future regulatory framework and beyond prudential reasons;
Amendment 450 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point e – point v
Paragraph 1 – point e – point v
v. while stressing the need to increase worldwide accessto suspend additional market access commitments in financial services until a full assessment of the impact of past liberalisation on the causes of the financial crisis has been completed, since interconnectedness, complexity and excessively big entities generate and spread systemic risks and represent a threat to financial services,tability; to exclude cross-border financial services from the EU’s commitments until there is convergence in financial regulation at the highest level, except in very limited and justified cases;
Amendment 454 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point e – point v a (new)
Paragraph 1 – point e – point v a (new)
va. to acknowledge that the stabilisation of the financial markets necessarily goes hand in hand with limiting the size of financial service providers;
Amendment 456 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point e – point v b (new)
Paragraph 1 – point e – point v b (new)
vb. to acknowledge that the re-regulatory action following the financial crisis is not yet over, including requirements on certain legal forms, splits (e.g. bank separation), changes of business or downsizing; to oppose provisions on non- discriminatory measures in the financial services annex as they could undermine such re-regulation efforts; to acknowledge that standstill and ratchet clauses may impede the introduction of new regulation if deemed to worsen the current level of commitments under national treatment;
Amendment 458 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point e – point v c (new)
Paragraph 1 – point e – point v c (new)
vc. as regards purchases of financial services by public entities, to be consistent with the EU Directives on public procurement which exclude financial services; to oppose an unqualified non- discrimination rule that would not allow, for instance, selecting service providers on the basis of qualitative (e.g. social or environmental) as opposed to quantitative (e.g. cost-based) criteria, contrary to what is now permitted under the EU Directives;
Amendment 460 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point f – point i
Paragraph 1 – point f – point i
i. to ensure a high level of ambition in the transport sector, whichoppose any additional market access in the transport sector leading to an expansion of its critical to the development of global value chainssize, until the climate cost of international transport is not internalized in its price; to increase the speed, reliability, security and interoperability of transport services, to the benefit of business customers and individual users;
Amendment 467 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point f – point ii
Paragraph 1 – point f – point ii
ii. to seek improved access to foreign marketsoppose any horizontal obligation to grant full market access in Modes 1 and 3 as well sector-specific standstill clauses, and a reduction in anti- competitive regulatory practices, most importantly those which are harmful to the environment and reduce the efficiency of transport services; to address restrictions in the cabotage sector and to avoid carriers returning empty from their host country, in particular in the Annex on maritime transport;
Amendment 472 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point f – point iv
Paragraph 1 – point f – point iv
iv. to oppose any domestic regulation discipline specific to road transport, including any proposal to have a necessity test, due to the highly sensitive safety issues in the sector; to oppose any proposal to make fees for the use of infrastructure proportional to the effective costs involved as that could undermine taking into account environmental externalities or other important regulatory issues; to exclude any provisions facilitating the entry and stay of professional drivers from the scope of the Annex on road transport;
Amendment 475 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point f – point v
Paragraph 1 – point f – point v
v. to ensure consistency withnot consider international standards, such as those endorsed by the International Maritime Organisation and the International Civil Aviation Organisation, as maximum standards and to oppose any lowering of these international benchmarks;
Amendment 478 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point f – point vi
Paragraph 1 – point f – point vi
vi. to strike the right balance between the liberalisation of the competitive postal sector and the protection of national monopolies; therefore to prevent anti- competitive cross-subsidisation and to ensurewithout undermining the recognition of universal service obligations as defined by each party; to this purpose, to allow for non- discriminatory charges on the commercial services for the purpose of funding the supply of the universal services; to refrain from considering universal service obligations as in principle anti- competitive and to withdraw any proposal to apply a necessity test;
Amendment 483 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point g – point i
Paragraph 1 – point g – point i
i. to fully preserve European, national and local authorities’ right to regulate; to acknowledge that even a recognition in the core text of the agreement is not enough to fully preserve the right to regulate; to note that the right to regulate is defined by Article I-9 of the core text, which corresponds to GATS Article XIV, which is outdated in respect of the current level of service liberalisation; to therefore include, in a definition of the right to regulate and in an non-exhaustive list the objectives and the functions pursued by public services (e.g. redistributive policies or affordable universal access), as well as the obligations under international treaties a country is party to, such as those covering indigenous rights, climate change, culture or tobacco control; to ensure that the combination of domestic regulation and transparency annexes will not lead to a regulatory-chill effect;
Amendment 495 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point g – point ii
Paragraph 1 – point g – point ii
ii. to promote good governance and foster good practices in administrative and legislative processes, by encouraging the wide take-up of measures that strengthen the independence of decision-makers, increase the transparency of decisions, and reduce red tape; to stress that consumer protection and safety must be at the centre of regulatory endeavours;
Amendment 504 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point g – point iii
Paragraph 1 – point g – point iii
iii. to recognise that theGATS Article VI on domestic regulation chapter is necessary to prevent parties from implementing disguised trade barriers and imposing unnecessary burdens on foreign companis been one of the stumbling blocks in GATS negotiations since the Uruguay Round and still is today due to the high sensitivity of the matter; to note that domestic regulation is in principle non-discriminatory as it applies in the same manner to domestic and foreign service suppliers; to consider that domestic regulation disciplines, in particular when they apply for different types of permitterfere with the regulatory autonomy of national authorities and that they should first of all continue to satisfy public policy goals rather than being made trade- oriented; to limit domestic regulation disciplines to ensuring clear and non- discriminatory rules;
Amendment 509 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point g – point iii a (new)
Paragraph 1 – point g – point iii a (new)
iiia. to reject the domestic regulation annex;
Amendment 513 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point g – point iii b (new)
Paragraph 1 – point g – point iii b (new)
iiib. to not consider applying a EU- equivalent proportionality test in TiSA or GATS as an alternative to the necessity test, since proportionality is applied and interpreted on the basis of the principles of the EU acquis, which cannot be recognised as a legal basis under international trade agreements;
Amendment 514 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point g – point iv
Paragraph 1 – point g – point iv
iv. to ensure that agreed rules apply only to trade-related measures, such asonly to qualifications and licensing requirements and procedures, and only in sectors where a party has undertaken commitments;
Amendment 515 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point g – point iv a (new)
Paragraph 1 – point g – point iv a (new)
iva. to ensure that, even after granting a licencing authorisation, such procedures as further public consultation or impact assessments can be carried out by public authorities if necessary and that this is not to be interpreted as causing undue delay;
Amendment 521 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point g – point vi
Paragraph 1 – point g – point vi
vi. to clearly define the law-making principles of transparency and objectivity so as to ensure that these concepts do not turn into catch-all provisions; to recognise that all measures are administered in a reasonable, objective and impartial manner if they are applied the same way to domestic and foreign providers;
Amendment 526 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point g – point viii
Paragraph 1 – point g – point viii
viii. to ensure that administrative fees charged to foreign companies are fair, that remedies making it possible to file a complaint in national courts exist, and that rulings are delivered in a reasonable period of time; to recognise that licencing fees can be used, for instance, to cross-finance public and universal services and to not undermine the possibility for public authorities to charge fees higher than the administrative costs involved, provided they are applied in a non-discriminatory manner; to ensure, that remedies making it possible to file a complaint in administrative national courts are equally accessible to domestic and foreign providers;
Amendment 531 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point g – point x
Paragraph 1 – point g – point x
x. to oppose any proposals calling for the mandatory submission of legislative proposals to third parties prior to their publication; to apply this principle to all TiSA annexes;
Amendment 538 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point h – point i
Paragraph 1 – point h – point i
i. to acknowledge that TiSA is an opportunity tomust ensure competition by the rules, not for the rules;
Amendment 545 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point h – point ii
Paragraph 1 – point h – point ii
ii. to endeavour to includoppose a regulatory chapter on government procurement with a view to maximising the participation of European companies in foreign tenders; to deplore the lack of transparency regarding non-European calls for tenders and to denounce the lack of reciprocity in this area, as illustrated by the preferential treatment granted to domestic companies in several countries; to encourage the ratification and implementation of the WTO Government Procurement Agreement and its 2011 revision; to call upon the Member States to reinvigorate discussions on the proposed international public procurement instrumentas long as its provisions do not include sustainability criteria, as well as thresholds below which commitments do not apply, in line with the EU Directives; to consider that public procurement is an important public policy instrument especially for developing and transition countries and that the EU Member States have benefitted from national preferences in the past to foster economic development; to note that the EU has now lost the possibility to use procurement for public policy and political economy purposes;
Amendment 554 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point h – point iii
Paragraph 1 – point h – point iii
iii. to lower unnecessary barriers to trade in energy- and environment-related services, while keeping the possibility to take reservations on market access and national treatment in all modes of supply, given that an increasing number of services, such as installation, management and repairs, are sold together with products in these two areas; to oppose all horizontal standstill clauses as well as any prohibition to adopt Section A reservations; to acknowledge the explicit recognition of each party’s sovereignty over energy resources and to preserve the EU’s right to regulate, in particular so as to meet the European objectives of sustainability, security and affordability;
Amendment 566 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point i – point ii
Paragraph 1 – point i – point ii
ii. to ensure that the mall Members of Parliament’s Committee on International Trade receive all the negotiating documents related to TiSA;
Amendment 571 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point i – point iii
Paragraph 1 – point i – point iii
iii. to welcome the substantial push for transparency vis-à-vis the public since the 2014 European elections, including the publication of EU market access offers and the mandate granted by the Council; to further these efforts by providing fact sheets for each part of the agreement and by publishing factual round-by-round feedback reports on the Europa website; to step up, in line with the recommendations of the European Ombudsman on TTIP, ongoing efforts to increase transparency in the negotiations by the immediate publication of all documents relevant to TiSA, including negotiation proposals, especially consolidated negotiation texts; to reinforce continuous and transparent engagement with all stakeholders and civil society organisations in particular by allowing them to participate in the negotiating process;
Amendment 579 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point i – point iv
Paragraph 1 – point i – point iv
iv. to welcome the continuous engagement of the EU institutions with a wide range of stakeholders throughout the negotiation process; to encourage civil society to participate actively and to put forward initiatives, concerns, problematic issues and information relevant to the negotiations and to urge the Commission to better take those into account;
Amendment 584 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point i – point v
Paragraph 1 – point i – point v
v. to encourage therequest Member States to involve their natnational and regional parliaments and to keep them adequately informed about the ongoing negotiationss well as local authorities in the negotiations as much as possible and to keep them adequately informed about reports, proposals and positions of the EU;
Amendment 594 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
to withdraw from TiSA negotiations if all the above recommendations are not respected;
Amendment 2 #
2015/2132(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that adequate apprope need for a proper evaluation of the trade-related prioriations should be allocatedes of the Commission and the concomitant allocation of resources to the trade-related budget lines, to enable the Commission to pursue its ambitious trade agenda aimed at creating growth and jobs across Europe and attaining the Union’s wider international goals as well as to step up its efforts regarding the monitoring of the implementation and the effects of trade agreements;
Amendment 11 #
2015/2132(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concerned that many Union citizens equate globalisation with a loss of European output and jobs; points to the increasing role of NGOs in shaping public opiRecognizes the increased public attention and interest in the Union on’s trade-related matters due to the lack of an effective Union communication strategy; policy and emphasises the need for an increase in the Commission’s information and communication budget to allow for better engagement with citizens; calls on the Commission to present a study on the funding sources and the impact of NGOs active in trade issues;
Amendment 15 #
2015/2132(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. WelcomesTakes note of the slight increase in commitments for the Instrument for Macro-Financial Assistance and the European Neighbourhood Instrument; is concerned, however, that these increases willare not be sufficithe result of a proper assessment of the effectiveness of funds spent tor respond toalistic projections of the needs in the Eastern and Southern neighbourhood, including possible further assistance programmes for Ukraine;
Amendment 21 #
2015/2132(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that the implementation of the Trade Facilitation Agreement reached at the 9th Ministerial Conference of the WTO will require funding support for the least developed and developing countries; deplorstresses, therefore, the need of coordinated efforts between the Commission and the Member States in the international financial institutions to avoid reduced appropriations for Aid for Trade and ensures it works for development;
Amendment 4 #
2015/2128(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is convinced that both police and policy issues are at stake, and that, while criminal investigation into illegal trade practices by importers into the EU is necessary, shortcomings and failures related to deficient Commission policy have to be fully revealed and need to be tackled, from missing ex-ante and ex-post evaluations of the effect of trade agreements on the EU budget, to weaknesses in control strategies and risk management of customs duties collection and customs clearance;
Amendment 6 #
2015/2128(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Urges that the Commission come up with proposals on how it will improve ex- ante assessments of trade agreements in order to estimate in advance revenue foregone following the granting of trade preferences, and believes that reliable analysis models have to be developed as an urgent matter, as the European Union sis concluding an ever increasing number of preferential trade agreements, with effects on its own budget;
Amendment 8 #
2015/2128(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Is concerned about reported deficient or in-total non-executed recovery of customs debt after discovery of fraud in some member states; is of the opinion that non-recovery is a form of impunity and complicity with those who committed the fraud and paves the way to repetition of customs fraud;
Amendment 10 #
2015/2128(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the problems of smuggling, trafficking and other forms of illegal and illicit tradetrading practices and illicit financial flows linked to the latter, which not only have an impact on Member States’ collection of customs duties and consequently on the EU budget, but are also strongly associated with organised international crime, threats to consumers and negative effects on the functioning of the single market, and which undermine a level playing field for all competing companies; requests, therefore, better coordination between the European Anti-Fraud Office (OLAF), customs authorities and market surveillance authorities in order not only to combat these problems but also to curb the trade in products that infringe intellectual property laws in the EU, while carefully preserving and protecting he production and trade of generic medicines;
Amendment 26 #
2015/2128(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Asks the Commission to publish a list of European companies and their subsidiaries abroad who have fraudulently or unduly used preferential customs regimes when importing into European Union countries and produce data on the amount of duties not collected for the EU budget because of that fraud;
Amendment 28 #
2015/2128(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls the internal EU standards on the fight against corruption and the protection of whistleblowers, and believes that these should be explicitly extended to whistleblowers revealing fraud in relation to international agreements, including trade agreements;
Amendment 29 #
2015/2128(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the key role played by the EU’s macro-financial assistance (MFA) programme in encouraging reform in the EU’s closest trading countries; requests that the Commission continue to report to Parliament and the Member States with a view to ensuring that all funds are spent in full compliance wSuggests that a genuine MFA regulation, with proper EU conditionalities, will substantially improve the possibility to carry out and compare ex-post assessments of the added value of MFA interventions, which so far serve as flanking measures of IMF austerity programs, as these assessments could deliver information with regard to regional cohesion and promotion of regional stability, and hence limith the basic regulationrisk of misuse of repayable loans.
Amendment 10 #
2015/2126(BUD)
Proposal for a decision
Recital 2
Recital 2
(2) After having examined all possibilities for re-allocating appropriations under the expenditure ceiling Security and Citizenship (heading 3) and exhausted the unallocated margin, the Commission proposesit is necessary to mobilise EUR 123 941 466 698 through the Flexibility Instrument to complement the financing in the general budget of the European Union for the financial year 2016, beyond the expenditure ceiling of heading 3, of a set of temporary measures in the area of asylum to help relieve the immediate and exceptional pressure on asylum and migration systems of Italy and Greece. The total cost of those measures for the year 2016 is estimated at EUR 150 000 000. An additional amount of EUR 12,5 million is required as Emergency Funding under the Asylum, Migration and Integration Fund (enhancing solidarity and responsibility sharing) specifically to fund the transfer of the applicants for international protection from Greece and Italy to the Member States to which they are to be relocated. Further appropriations are also required for the European Asylum Support Office, as that agency is required to play a central, coordinating role in the implementation of the measures in the area of international protection and is increasingly being called upon to further assist the concerned Member States,
Amendment 14 #
2015/2126(BUD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
For the general budget of the European Union for the financial year 2016, the Flexibility Instrument shall be used to increase by EUR 123 941 466 698 commitment appropriations above the expenditure ceiling of the heading Security and Citizenship (heading 3).
Amendment 18 #
2015/2126(BUD)
Proposal for a decision
Article 1 – paragraph 2
Article 1 – paragraph 2
That amount shall be used to complement the financing of a set of temporary measures in the area of asylum to help relieve the immediate and exceptional pressure on asylum and migration systems of Italy and Greece as foreseen in the Council Decision 2015/... establishing provisional measures in the area of international protection for the benefit of Italy and Greece+. In particular, an amount of EUR 12,5 million shall be allocated for Emergency Funding under the Asylum, Migration and Integration Fund specifically to fund the transfer of the applicants for international protection from Greece and Italy to the Member States to which they are to be relocated. The remainder of that amount shall also be used to finance an increase in the budget and staff of European Asylum Support Office, as that agency is required to play a central, coordinating role in the implementation of the provisional measures in the area of international protection and is increasingly being called upon to assist concerned Member States further in facing up to the current challenges. ___________________________ + Footnote to the OJ to be inserted.
Amendment 5 #
2015/2121(BUD)
2. Notes the extra amounts proposed for Frontex, especially for Triton and Poseidon operations; insists that saving lives at sea should be the primary focus of those operations; considers that in view of Frontex' increased operational capacity, at least two of the 16 posts should be allocated to the Fundamental Rights Office.
Amendment 18 #
2015/2121(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the relevant agencies, especially EASO, should not be subject to reduction or redeployment of staff; stresses that, given the large number of arrivals on the Union’s southern shores, and a clear call for support in frontloading reception conditions, the proposal to increase EASO staff by only 4 is clearly insufficient and should be increased;
Amendment 7 #
2015/2104(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need to bring together the useful data collected and analytical work done by regional UN bodies, notably UNECA, UNECE, UNECLAC and UNESCAP, as well as specialised UN bodies such as UNDP and UNEP, which all deal with trade; and recommends to work towards cooperation, and from the EU side to systematically apply findings and recommendations of respective bodies, when it comes to the evaluation of trade measures and the design of trade policy, in order to contribute to the coherence of trade policy around the globe;
Amendment 24 #
2015/2104(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points out the important role that trade and investment could have for the sustainable development of poor countries, when carried out with long- term objectives, clearly targeted, framed in clear performance rules, and connected with counter-balancing measures for transition periods,
Amendment 26 #
2015/2104(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Shares the view expressed in UNCTAD's World Investment Report 2015 that the regulatory policy environment for investment must be reformed and that tax avoidance practices on the part of multinational enterprises must be ended in order to support domestic resource mobilisation for the SDGs1 ; invites the EU in this regard to tackle tax avoidance and BEPS (base erosion and profit shifting) by MNEs (Multinational Enterprises), via adequate provisions in its trade agreements with third countries, in EIB rules, in LAIF and other investment facilitation programmes etc., __________________ 1 Sustainable Development Goals.
Amendment 43 #
2015/2104(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Suggests that a possible Sustainable Development Council is mandated to aim at conducting international trade policy as well as multi- and bilateral trade agreements in coherence with policy objectives of the United Nations, like the SDGs and the Climate agenda; moreover it should develop a reporting system, modelled on the example of UPRs.
Amendment 91 #
2015/2038(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that a legally binding human rights clause needs to be practically enforceable and therefore requests that human rights clauses are covered by respective dispute settlement clauses in the trade agreements of the European Union. Furthermore, believes that a sub-committee for human rights and trade must be included in all trade agreements of the European Union in order to ensure a serious and systematic follow up on issues of human rights violation in relation to trade;
Amendment 92 #
2015/2038(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Welcomes the recently published ‘Guidelines on the analysis of human rights impacts in impact assessments for trade-related policy initiatives’ which also take into account the methodological recommendations of the UN Special Rapporteur on the right to food; urges the Commission to immediately apply these guidelines to assess the impact on human rights of the FTA with Vietnam in order to allow the Parliament to take an informed decision on whether to give its consent or not; urges the Commission to update the impact assessments of ongoing negotiations based on the new methodology;
Amendment 157 #
2015/2038(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Reiterates its request that the EU should introduce a horizontal import ban of products from forced labour and slavery;
Amendment 160 #
2015/2038(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Is of the view that the current trade and sustainable development chapters should be made enforceable by submitting them to the main dispute settlement body of a trade agreement; believes that the threat of sanctions is a powerful instrument to improve compliance with the commitments of those chapters;
Amendment 174 #
2015/2038(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Regrets that lack of progress in building a better link between UNFCCC and trade and considers that COP 21 has represented a missed opportunity in that respect; deplores the Commission’s opposition to discuss trade matters under the UNFCCC in Paris and calls on the Commission to change its position in the future;
Amendment 184 #
2015/2038(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Notes that the Commission is of the understanding that introducing distinctions between products according to their production and processing methods (PPMs) can be achieved within the framework of the WTO and requests the Commission to differentiate similar products in terms of their carbon footprint, energy footprint or technological standards within current and future trade agreements;
Amendment 187 #
2015/2038(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Points out that no progress has been made in considering the use of border tax adjustments to reduce emissions and calls on the Commission to consider this policy measure in the framework of the ETS revision;
Amendment 188 #
2015/2038(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Asks the Commission to seriously engage in the negotiation within the International Civil Aviation Organisation in order to create a global system for the taxation of kerosene;
Amendment 189 #
2015/2038(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Reiterates its position that the rising CO2 Emissions from international trade undermine the European Climate Strategy and underlines that shifting to local production and consumption patterns is needed to support the Paris Agreement´s objectives;
Amendment 190 #
2015/2038(INI)
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. With regard to European Parliament´s resolution 2010/2103 point 12, points out that a report, assessing the extent to which the WTO’s Committee on Trade and Environment has fulfilled its remit as set out in the WTO Ministerial Decision on Trade and Environment, taken at Marrakesh on 15 April 1994 and its conclusions as to what more needs to be done, particularly in the context of the global dialogue on Climate Change mitigation and adaptation and the WTO, was never presented to the European Parliament and upholds the requests for the Commission to prepare such the report;
Amendment 198 #
2015/2038(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to implement the Parliament´s request to make compliance by transnational corporations with national and international legal obligations in the areas of human rights, labour standards and environmental rules binding in context of the GSP;
Amendment 201 #
2015/2038(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the Commission to implement the Parliament´s request to ban host-country agreements, secretive agreements concluded between certain multinational corporations and host countries which are beneficiaries of the GSP+ system;
Amendment 202 #
2015/2038(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Points out that due diligence requirements have not been incorporated in the CSR clauses of European Free Trade Agreement yet and calls on the Commission to be guided by the recommendations of the European Parliament ´s resolution 2009/2201 point 26 when negotiation future free trade agreements;
Amendment 209 #
2015/2038(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Believes that in a context of global supply chains binding due diligence becomes even more necessary to ensure a fairer redistribution of the benefits of globalisation; requests the Commission to follow up on OECD and UN initiatives by incorporating recently and newly developed international standards into EU legislation;
Amendment 111 #
2015/0310(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The objective of Union policy in the field of external border management is to develop and implement European integrated border management at national and Union level, which is a necessary corollary to the free movement of persons within the Union and is a fundamental component of an area of freedom, security and justice. European integrated border management is central to improving migration management and ensuring a high level of internal security within the Uncontrolling the borders effectively and thereby contributing to a high level of internal security within the Union, and to ensure the protection and saving the lives of migrants and refugees in full compliance with the principle of non-refoulement and fundamental rights. It should facilitate legitimate travel, ensure a high level of safety at the external borders and access for persons in need of international protection.
Amendment 127 #
2015/0310(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, commonly referred to as Frontex, was established by Council Regulation (EC) No 2007/2004.14 Since taking up its responsibilities on 1 May 2005, it has been successful in assisting Member States with implementing the operational aspects of external border management through joint operations and rapid border interventions, as well as risk analysis, information exchange, relations with third countries and the return of third- country nationals illegalrregularly staying on the territory of Member States. __________________ 14 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1).
Amendment 129 #
2015/0310(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Having regard to the increasing migratory pressures at the external borders, to the necessity of ensuringhigh death toll in the Mediterranean sea, to the necessity of controlling the borders effectively and thereby contributing to a high level of internal security within the Union and to safeguard the functioning of the Schengen area as well as the overarching principle of solidarity, it is necessary to reinforce the management of the external borders by building on the work of Frontex and further develop it into an Agency with a shared responsibility for the management of the external borders including the rescue of persons in distress at sea.
Amendment 137 #
2015/0310(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The tasks of Frontex should therefore be expanded and to reflect those changes, it should be renamed European Border and Coast Guard Agency. The key role of the European Border and Coast Guard Agency should be to establish an operational and technical strategy for the implementation of an integrated border management at Union level, to assist Member States in ensuring the protection and saving the lives of migrants and refugees, to adopt and promote the highest standards for transparent border management practices in full respect of fundamental rights and the rule of law, to oversee the effective functioning of border control at the external borders, to provide increased operational and technical assistance to Member States through joint operations and rapid border interventions, and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders, as well as to organise, coordinate and conduct return operations and return interventions.
Amendment 139 #
2015/0310(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The expanded tasks and competences of the European Border and Coast Guard Agency should go hand in hand with strengthened fundamental rights safeguards and an increased accountability of the Agency.
Amendment 148 #
2015/0310(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The European Border and Coast Guard Agency should prepare general and tailored risk analysis based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The European Border and Coast Guard Agency should, based also on information provided by Member States, provide adequate information and intelligence covering all aspects relevant to European integrated border management, especially border control, return, irregular secondary movements of third-country nationals within the Union, prevention of cross-border crime including facilitation of irregular immigrationmigrant smuggling, trafficking in human beings and terrorism, as well as the situation at neighbouring third countries, so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of external borders.
Amendment 152 #
2015/0310(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The European Border and Coast Guard Agency should carry out a vulnerability assessment, based on objective criteria, to assess the capacity of the Member States to face challenges at their external borders and respect for fundamental rights therein, including by assessing the equipment and resources of Member States as well as their contingency plans to address possible crises at the external borders. Member States should take correctiv, their performance regarding the faction to address any deficiencies identified in ilitation of regular border crossing and their ability to save lives and prevent death at assessment. The Executive Director, on the advice of a Supervisory Board created within the European Border and Coast Guard Agency, should identify the measures to be taken by the Member State concerned and should set a time-limit within which those measusea, the existence of a well-functioning mechanisms for the protection of fundamental rights and the referral of persons who might be in need of international protection. Member States should take corrective action to address should be takany deficiencies identified in that assessment. That decision should be binding on that Member State and we Executive Director should identify the measures to be taken. Where the necessary measures are not taken within the set time-limit, the matter needs to be referred to the Management Board for a further drecisommendation.
Amendment 170 #
2015/0310(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) At particular areas of the external borders wWhere Member States face disproportionate migratory pressures characterised by large influxes of mixed migratory flows, referred to as hotspot areas, the Member States should be able to rely on the increased operational and technical reinforcement in hotspot areas by the migration management support teams composed of teams of experts deployed from Member States by the European Border and Coast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies, as well as experts from the staff of the European Border and Coast Guard Agency. The European Border and Coast Guard Agency should assist the Commission in the coordination among the different agencies on the ground.
Amendment 180 #
2015/0310(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders, rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the Schengen area, a unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identifyrecommend the measures to be implemented by the European Border and Coast Guard Agency and requirecommend the Member State concerned to cooperate with the Agency in the implementation of those measures. The European Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commission decision, and an operational plan should be drawn up with the Member State concerned, unless that Member State objects.
Amendment 186 #
2015/0310(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) On 8 October 2015, the European Council called for enlarging the mandate of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to assist Member States in ensuring the effective return of illegalrregularly staying third-country nationals, including by organising return operations on its own initiative and enhancing its role regarding the acquisition of travel documents. For this purpose, the European Council called for the establishment of a Return Office within the European Border and Coast Guard Agency which should be tasked with the coordination of the Agency’s activities in the field of return.
Amendment 191 #
2015/0310(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The European Border and Coast Guard Agency should step up its assistance to Member States for returning illegalrregularly staying third-country nationals, subject to the Union return policy and in compliance with Directive 2008/115/EC of the European Parliament and of the Council.15 In particular, it should coordinate and organise return operations from one or more Member States to third countries where there is no risks of fundamental rights violations or deficiencies in relevant civil and criminal laws and procedures, and it should organise and conduct return interventions to reinforce the return system of Member States requiring increased technical and operational assistance when complying with their obligation to return illegalrregularly staying third-country nationals in accordance with that Directive. __________________ 15 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in member states for returning illegally staying third-country nationals (OJ L 348, 21.12.2008, p. 98).
Amendment 198 #
2015/0310(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European Border and Coast Guard Agency should develop specific training tools and it should provide training at Union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third-country nationals illegalrregularly staying on the territory of Member States for officers of the competent national bodies. The Agency should be authorised to organise training activities in cooperation with Member States and third countries on their territory.
Amendment 202 #
2015/0310(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The European Border and Coast Guard Agency should monitor and contribute to the developments in research relevant for the control of the external borders, including the use of advanced surveillance technology, and it should disseminate this information to the European Parliament, the Member States and to the Commission.
Amendment 212 #
2015/0310(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The European Border and Coast Guard Agency should facilitate and encourage operational cooperation between Member States and third countries in the framework of the external relations policy of the Union, including by coordinating operational cooperation between Member States and third countries in the field of management of external borders and by deploying liaison officers to third countries, as well as by cooperating with the authorities of third countries on return, including as regards the acquisition of travel documents. In their cooperation with third countries, the European Border and Coast Guard Agency and Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries. In order to guarantee the compliance with norms and standards equivalent to those set by Union legislation such operational cooperation on the territory of a third country should be limited to neighbouring third countries which share a common land border with one or more Member States and which have ratified and implement in full the European Convention on Human Rights and the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol thereto.
Amendment 221 #
2015/0310(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation respects thee European Border and Coast Guard Agency should further develop and implement a Fundamental Rights Strategy to monitor and ensure the protection of fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks toit should ensure full respect for human dignity, the right to life, the right to liberty and security, the right to the protection of personal data, the right to access to asylum, the right to effective remedy, the rights of the child, the prohibition of torture and of inhuman or degrading treatment or punishment, the prohibition of trafficking in human beings, and to promote the application of the principles of non-discrimination and non- refoulement. The Border and Coast Guard Agency should withdraw the financing of an activity or suspend or terminate an activity in case of violations of fundamental rights or international protection obligations that are of a serious nature of are likely to persist. The Executive Director of the Agency should adopt criteria for such instances, based on recommendations by the Fundamental Rights Officer and after consultation with the Consultative Forum and other relevant actors.
Amendment 228 #
2015/0310(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure the uniform conditions for the implementation of this Regulation, in particular as regards situations requiring urgent action at the external borders, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.18 __________________ 18 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 229 #
2015/0310(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents 21 should apply to the European Border and Coast Guard Agency. The Agency should be as transparent as possible about its activities, without jeopardising the attainment of the objective of operations. It should make public all relevant information on all of its activities, and ensure that the public and any interested party are rapidly given information with regard to its work. __________________ 21 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
Amendment 231 #
2015/0310(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) Since the objectives of this Regulation, namely the development and implementation of a system of integrated management of the external borders, thus also ensuring the proper functioning of the Schengen area, cannot be sufficiently achieved by the Member States acting in an uncoordinated manner but can rather, because of the absence of controls at internal borders and in view of the significant migratory pressures at the external borders and the need to safeguardneed to control the borders effectively and thereby contribute to a high level of internal security within the Union, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 241 #
2015/0310(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Unioncontrolling the borders effectively and thereby contributing to a high level of internal security within the Union, and to ensure the protection and saving the lives of migrants and refugees in full compliance with the principle of non-refoulement and fundamental rights, while safeguarding the free movement of persons therein.
Amendment 255 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘returnee’ means an illegalrregularly staying third-country national subject to a return decision;
Amendment 257 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘return operation’ means an operation to return illegalrregularly staying third- country nationals, that is coordinated by the Agency and involves technical and operational reinforcement being provided by one or more Member States under which returnees from one or more Member States are returned either through forced return or in voluntary compliance with an obligation to return;
Amendment 258 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘return intervention’ means an operation to return illegalrregularly staying third- country nationals providing for enhanced technical and operational assistance consisting of the deployment of European Return Intervention Teams to Member States and the organisation of return operations.
Amendment 264 #
2015/0310(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The European Border and Coast Guard Agency and the national authorities of Member States which are responsible for border management, including coast guards, to the extent that they carry out border control taskstasks referred to in Article 4, shall constitute the European Border and Coast Guard.
Amendment 279 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point -a (new)
Article 4 – paragraph 1 – point -a (new)
(-a) the rescue of persons in distress at sea;
Amendment 286 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) border control, including measures related to the prevention, detection and investigato facilitate legitimate border crossings, related to the prevention and detection of cross-border crime, where appropriate, in full respect of human dignity;
Amendment 290 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) establishment and maintenance of clear mechanisms and procedures, in cooperation with relevant authorities, for the identification of, provision of information to and referral of persons who may be in need of international protection;
Amendment 301 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) cooperation with third countries in the areas of covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and transit for irregular immigration;
Amendment 306 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) technical and operational measures within the area of free movement which are related to border control and designed to prevent irregular immigration and to counter cross-border crime in accordance with the Schengen Borders Code;
Amendment 308 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) return of third-country nationals illegalrregularly staying on the territory of the Member States;
Amendment 312 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
(ga) respect for and promotion of fundamental rights in all activities;
Amendment 314 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) a quality control mechanism to ensure the implementation of Union legislation in the area of border management and respect for fundamental rights.
Amendment 335 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The European Border and Coast Guard Agency shall be responsible for the management of the external borders in the cases foreseen in this Regulation, in particular where the necessary corrective measures based on the vulnerability assessment are not taken or in the event of disproportionate migratory pressure, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area. It shall ensure that the management of external borders, in cases foreseen in this Regulation, is undertaken in full compliance with the Charter of Fundamental Rights, the 1951 Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees and relevant Union law.
Amendment 341 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The European Border and Coast Guard Agency shall be responsible, as the coordinator, and liable for all actions and decisions taken in the context of its activities. Responsibility of the Agency shall be without prejudice to responsibility of the Member States under relevant international, Union or national law.
Amendment 343 #
2015/0310(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Accountability The European Border and Coast Guard Agency shall be accountable to the European Parliament and the Council.
Amendment 362 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) assist Member States in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations, taking into account that some situations may involveincluding humanitarian emergencies and rescue at sea;
Amendment 364 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) assist Member States in ensuring the protection and saving the lives of migrants and refugees in accordance with Regulation (EU) No 656/2014 of the European Parliament and of the Council;
Amendment 369 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate pressures, taking into account that some situations may involve including humanitarian emergencies and rescue at sea;
Amendment 370 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate pressures, taking into account that some situations may involveincluding humanitarian emergencies and rescue at sea;
Amendment 381 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point j
Article 7 – paragraph 1 – point j
(j) assist Member States in circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return illegalrregularly staying third-country nationals, including through the coordination or organisation of return operations;
Amendment 391 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point n
Article 7 – paragraph 1 – point n
(n) participate in the development and management of research and innovation activities relevant for the control and surveillance of external borders, including the use of advanced surveillance technology such as remotely piloted aircraft systems and develop pilot projects regarding matters covered by this Regulation;
Amendment 395 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point p a (new)
Article 7 – paragraph 1 – point p a (new)
(pa) adopt and promote the highest standards for border management practices, allowing for transparency and public scrutiny and ensuring respect, protection and promotion of fundamental rights and rule of law;
Amendment 397 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point q
Article 7 – paragraph 1 – point q
(q) cooperate with the European Fisheries Control Agency and the European Maritime Safety Agency, each within their mandate, to support the national authorities carrying out coast guard functions, including the saving of lives of migrants and refugees, by providing services, information, equipment and training, as well as by coordinating multipurpose operations;
Amendment 408 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Member States may continue cooperation at an operational level with other Member States and/or third countries at external borders, including military operations on a law enforcement mission and in the field of return, where such cooperation is compatible with the operaction of the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.
Amendment 411 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Member States shall report to the Agency on that operational cooperation with other Member States and/or third countries at the external borders and in the field of return. The Executive Director of the Agency (‘'the Executive Director’') shall inform the Management Board of the Agency (‘'the Management Board’)') and the European Parliament on those matters on a regular basis and at least once a year.
Amendment 414 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Agency mayshall engage in communication activities oin its own initiative in the fields within its mandate. Communication activities shall not be detrimental to the tasks referred to in paragraph 1 andthe fields within its mandate. It shall provide the public with accurate, detailed and timely information about its activities and analyses. Communication activities shall not be detrimental to the attainment of the objective of operations. Communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board.
Amendment 434 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Agency shall prepare general and tailored risk analyses and submit it to the European Parliament, the Council and the Commission.
Amendment 442 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, in particular border control, the protection of fundamental rights, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration,migrant smuggling and trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union.
Amendment 449 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. The Agency shall develop and make public its methodology and criteria for the risk analysis.
Amendment 454 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The results of the risk analysis shall be submitted to the Supervisory Board and to the Management Board.
Amendment 463 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall ensure regular monitoring of the management of the external borders through liaison officers of the Agency in all Member States.
Amendment 485 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) have unlimited access to the national coordination centre and the national situational picture established in accordance with Regulation (EU) No 1052/2013;
Amendment 490 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) have access to national and, where necessary, to European information systems available in the national coordination centre, on condition that he or she complies with the national and EU security and data protection rules;
Amendment 492 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The report of the liaison officer shall form part of the vulnerability assessment referred to in Article 12. The report shall be transmitted to the Member State concerned.
Amendment 503 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Agency shall assess the technical equipment, systems, capabilities, resources and contingency plans of the Member States regarding border control and respect for fundamental rights therein. That assessment shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency.
Amendment 504 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. The vulnerability assessment shall be based on objective criteria. The Management Board shall decide on the criteria.
Amendment 505 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
1b. The assessment of respect for fundamental rights shall include the presence and effectiveness of the instruments in place to ensure the protection and saving of lives of refugees and migrants, access to information and quality legal assistance, referral to relevant procedures and access to effective remedies, for persons arriving at the border. The methodology for this aspect of the vulnerability assessment shall be established in consultation with the Fundamental Rights Officer and the Consultative Forum, as well as other relevant EU agencies, such as the European Asylum Support Office and Agency for Fundamental Rights.
Amendment 508 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall, at the request of the Agency, provide information as regardsnecessary for the vulnerability assessment, in particular as regards the state of functioning of all procedures at the border in accordance with Chapter II of Directive 2013/32/EU of the European Parliament and of the Council, technical equipment, staff and financial resources available at national level to carry out border control and they shall submit their contingency plans.
Amendment 529 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Executive Director shall adopt a drecisommendation setting out the necessary corrective measures to be taken by the Member State concerned, including by using resources under the Union financial instruments. The decision of the Executive Director shall be binding on the Member State and shall lay down the time-limit within which the measures are to be taken.
Amendment 540 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where a Member State does not adopt the necessary corrective measures within the time-limit set, the Executive Director shall refer the matter to the Management Board and notify the Commission. The Management Board shall adopt a decisrecommendations setting out the necessary corrective measures to be taken by the Member State concerned, including the time-limit within which such measures shall be taken. If the Member State does not take the measures within the time-limit foreseen in that decise recommendations, further action may be taken by the Commission in accordance with Article 18.
Amendment 543 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. The criteria and results of the vulnerability assessments shall be transmitted to the European Parliament and the Council.
Amendment 546 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States may request the Agency for assistance in implementing their obligations with regard to the control of the external borders and to the protection and saving of lives of migrants and refugees. The Agency shall also carry out measures as referred to in Article 18.
Amendment 555 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries which share a common land border with one or more Member States and which have ratified and implement in full the European Convention on Human Rights and the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol thereto;
Amendment 561 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. An operational engagement of the Agency shall require a prior assessment, drawing on a broad range of sources, to identify if there are risks of fundamental rights violations or deficiencies in relevant civil and criminal laws and procedures that would make the cooperation incompatible with legal obligations, in particular to ensure protection from refoulement and the right to an effective remedy.
Amendment 564 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States may request the Agency to launch joint operations to face upcoming challenges, including present or future threats at the external borders resulting from irregular immigration or cross-border crime, or to provide increased technical and operational assistance when implementing their obligations with regard to the control of the external borders.
Amendment 567 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. At the request of a Member State faced with a situation of specific and disproportionate pressures, especially the arrival at points of the external borders of large numbers of third-country nationals trying to enter the territory of that Member State illegallyrregularly or risking their lives at sea, the Agency may deploy a rapid border intervention for a limited period of time on the territory of that host Member State.
Amendment 579 #
Amendment 582 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point d
Article 15 – paragraph 3 – point d
(d) a description of the tasks, responsibilities and special instructions for the European Border and Coast Guard Teams and for the officers involved in activities of the Agency, including on permissible consultation of databases and permissible service weapons, ammunition and equipment in the host Member State;
Amendment 584 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point i
Article 15 – paragraph 3 – point i
(i) a reporting and evaluation scheme containing benchmarks for the evaluation report, including the protection of fundamental rights, and final date of submission of the final evaluation report;
Amendment 595 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point m
Article 15 – paragraph 3 – point m
(m) procedures setting out a mechanism to receive and transmit to the Agency a complaint against border guardsall persons participating in a joint operation, including with third countries, in a rapid border intervention, migration management teams at hotspot areas, return operation or return intervention, including border guards and other relevant staff of the host Member State and members of the European Border and Coast Guard Teams alleging breaches of fundamental rights in the context of the joint operation or rapid border intervention.;
Amendment 597 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point m a (new)
Article 15 – paragraph 3 – point m a (new)
(ma) detailed provisions on fundamental rights safeguards;
Amendment 598 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point m b (new)
Article 15 – paragraph 3 – point m b (new)
(mb) provisions on risks of fundamental rights violations and steps taken to avoid such violations and ensure accountability for and non-repetition of such violations, including in relations to the powers to suspend and terminate an operation in accordance with Article 24.
Amendment 608 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where a Member State faces disproportionate migratory pressures at particular hotspot areas of its external border characterised by large influxes of mixed migratory flows, that Member State may request the operational and technical reinforcement by migration management support teams. That Member State shall submit a request for reinforcement and an assessment of its needs to the AgencyCommission, the Agency, the European Asylum Support Office and other relevant Union Agencies in particular the European Asylum Support Office and Europol.
Amendment 611 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Executive Director, in coordination with the European Asylum Support Office and other relevant Union Agencies, shall assess the request for assistance of a Member State. The Executive Director, in coordination with the European Asylum Support Office and other relevant Union Agencies, shall forward their assessment of itsthe needs ofor the purpose ofMember State to the Commission who shall defininge a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union Agencies to be agreed upon by the Member State concerned.
Amendment 613 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Teams shall include fundamental rights and child protection experts.
Amendment 616 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) the screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals and, where requested by the Member State, the fingerprinting of third- country nationals in full compliance with fundamental rights and providing information regarding the purpose and outcomes of all procedures;
Amendment 623 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
Amendment 626 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b a (new)
Article 17 – paragraph 3 – point b a (new)
(ba) supporting the European Asylum Support Office in the provision of information on the asylum procedure, procedural rights and other fundamental rights, to all persons in accordance with Articles 6, 8 and 12 of the Directive 2013/32/EU;
Amendment 628 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b b (new)
Article 17 – paragraph 3 – point b b (new)
(bb) the referral of persons who wish to apply for international protection to asylum experts of the national authorities of the Member State concerned or of the European Asylum Support Office, and referral of all children and families with children to child protection experts of the national authorities of the Member State or of the EU Agencies;
Amendment 629 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) technical and operational assistance in the field of return, including the preparation and organisation of return operations in full respect of fundamental rights, due process and the principle of non-refoulement.
Amendment 633 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. The Agency shall support the relevant Member State and the European Asylum Support Office in the compliance of their activities with the Common European Asylum System and fundamental rights. This includes the provision of shelter, sanitary conditions and facilities respecting gender based and children's needs in the hotspot areas.
Amendment 635 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Agency shall assist the Commission in the coordination of the activities of the migration management support teams, in cooperation with the European Asylum Support Office and other relevant Union Agencies.
Amendment 642 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commission, after consulting the Agency, may adopt a decisionrecommend, by means of an implementing act, identifying the measures to be implemented by the Agency and requircommending the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2).
Amendment 656 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
Amendment 662 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. For the purposes of paragraph 1, the Commission shall provide forrecommend one or more of the following measures to be taken by the Agency:
Amendment 670 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Executive Director shall, within two working days from the date of adoption of the Commission drecisommendation, and on the advice of the SupervisoryManagement Board, determine the actions needed to be taken for the practical execution of the measures identified in the Commission drecisommendation, including the technical equipment as well as the number and profiles of the border guards and other relevant staff needed to meet the objectives of that decision.
Amendment 672 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. In parallel and within the same two working days, the Executive Director shall submit a draft operational plan to the Member State concerned. The Executive Director and the Member State concerned shall draw up the operational plan within two working days from the date of its submission, unless the Member State concerned objects to the implementation of the Commission recommendation.
Amendment 678 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The Member State concerned shall comply withstate reasons, if it objects to the implementation of the Commission drecision and for that purpose it shall immediatelyommendation. If the Member State concerned does not object, it shall cooperate with the Agency and take the necessary action to facilitate the implementation of that decise recommendation and the practical execution of the measures set out in that drecisommendation and in the operational plan agreed upon with the Executive Director.
Amendment 686 #
2015/0310(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Agency shall deploy border guards and other relevant staff as members of the European Border and Coast Guard Teams to joint operations, rapid border interventions and in the framework of the migration management support teams. The Agency may also deploy experts from its own staff. Only border guards, experts and staff who have received training in accordance with Article 35 of this Regulation shall be deployed to an activity by the Agency.
Amendment 694 #
2015/0310(COD)
Proposal for a regulation
Article 19 – paragraph 8 – subparagraph 2
Article 19 – paragraph 8 – subparagraph 2
Such secondments may be for 12 months or more but in any case it shall not be less than three months. The seconded border guards shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams. The Member State having seconded the border guards shall be considered as the home Member State. The disciplinary procedure of the Agency shall also apply to seconded border guards.
Amendment 697 #
2015/0310(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Members of the teams shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures, and human dignity. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not discriminate against persons on grounds of sexgender, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Amendment 705 #
2015/0310(COD)
Proposal for a regulation
Article 21 – paragraph 3 – point d
Article 21 – paragraph 3 – point d
(d) ensure EU border management standards and respect for fundamental rights in border, therein report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention;
Amendment 709 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Executive Director shall terminate, after informing the Member State concerned, joint operations or rapid border interventions, pilot projects, migration management support teams, return operations, return interventions or working arrangements if the conditions to conduct those activities are no longer fulfilled.
Amendment 712 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Executive Director may withdraw the financing of a joint operation or a rapid border intervention, a pilot project, a migration management support team, a return operation or a return intervention, or suspend or terminate it if the operational plan is not respected by the host Member State.
Amendment 718 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Executive Director shall withdraw the financing of a joint operation or, a rapid border intervention, or suspend or terminate, in whole or in part, a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. a pilot project, migration management support teams, a return operation, return intervention or working arrangement or suspend or terminate, in whole or in part, a joint operation, rapid border intervention, a pilot project, migration management support teams, return operation, return intervention or working arrangement if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. Based on recommendations by the Fundamental Rights Officer, after consulting the Consultative Forum and other relevant actors, the Executive Director shall adopt criteria for withdrawing the financing, the suspension or the termination of an activity by the Agency. The findings of the Fundamental Rights Officer in the framework of the complaint mechanism shall be taken into account. The Fundamental Rights Officer may recommend the withdrawing the financing, the suspension or the termination of an activity.
Amendment 724 #
2015/0310(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
The Executive Director shall evaluate the results of the joint operations and, rapid border interventions, pilot projects, migration management support teams, return operations, return interventions and operational cooperation with third countries, including with regard to the respect of fundamental rights, and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the Management Board, together with the observations of the Fundamental Rights Officer. The Agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future joint operations and rapid border interventionactivities, and it shall include it in its consolidated annual activity report.
Amendment 731 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) coordinate at technical and operational level the return activities of the Member States, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countrieforced return monitors and other relevant stakeholders;
Amendment 736 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a a (new)
Article 26 – paragraph 1 – point a a (new)
(aa) coordinate at technical and operational level assisted voluntary returns from the Member States, providing assistance during the pre- departure, travel and post-arrival phase, taking into account the needs of vulnerable migrants;
Amendment 737 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) coordinate the use of relevant IT systems and provide support on consular cooperation for the identification of third- country nationals and the acquisition of travel documents, without disclosing if the third-country national had requested asylum, organise and coordinate return operations and provide support to voluntary departure;
Amendment 745 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
(b) information on third countries of return, including information concerning the fundamental rights situation, in cooperation with the European Asylum Support Office and the Agency for Fundamental Rights;
Amendment 747 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point d
Article 26 – paragraph 2 – point d
(d) assistance on measures that are legitimate, proportionate and necessary to ensure the availability of returnees for return purposes and, avoid that returnees abscond and advice on alternatives to detention in line with Directive 2008/115/EC and international law.
Amendment 749 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. In accordance with Directive 2008/115/EC, and without entering into the merits of return decisions, the Agency shall provide the necessary assistance and, at the request of one or several participating Member States, ensure the coordination or the organisation of return operations, including through the chartering of aircraft for the purpose of such operations. The Agency may, on its own initiative, propose to Member States to coordinate or organise return operations.
Amendment 751 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. The Agency shall not coordinate, organise or propose return operations to third countries where risks of fundamental rights violations or serious deficiencies in relevant civil and criminal laws and procedures have been identified through risk analyses, or reports from the Fundamental Rights Officer, EU agencies, human rights bodies, intergovernmental and non-governmental organisations.
Amendment 753 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall at least on a monthly basis inform the Agency of their planned national return operations, as well as of their needs for assistance or coordination by the Agency. The Agency shall draw up a rolling operational plan to provide the requesting Member States with the necessary operational reinforcement, including technical equipment. The Agency may, on its own initiative, include in the rolling operational plan the dates and destinations of return operations ithe requesting Member States considers necessary, based on a needs assessment. The Management Board shall decide, on a proposal of the Executive Director, on the modus operandi of the rolling operational plan.
Amendment 756 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. Operational plans for all Agency supported and coordinated return operations and interventions shall be agreed between, and be binding upon, the Agency, the participating Member States and participating third countries in all return operations and return interventions, on the proposal of the Executive Director. Operational plans shall be drafted in line with Article 15 and shall cover all aspects necessary for carrying out the return operation, including inter alia, procedures for monitoring, reporting and complaints mechanisms, and detailed provisions on the implementation of fundamental rights and rule of law safeguards, with reference to relevant standards and codes of conduct.
Amendment 757 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The Agency may provide the necessary assistance and ensure, at the request of the participating Member States, or propose on its own initiative, the coordination or the organisation of return operations, for which the means of transport and forced return escorts are made available by a third country of return (‘'collecting return operations’'). The participating Member States and the Agency shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the entire removal operation. At least a Member State representative and a forced return monitor from the pool established under Article 28 shall be present throughout the entire return operation until arrival at the third country of return.
Amendment 760 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. Forced return monitors shall submit the report on the outcome of their monitoring activities to the Agency, including the Fundamental Rights Officer.
Amendment 761 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
Amendment 769 #
2015/0310(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Agency shall constitute a pool of forced return monitors from national competent bodies who carry out independent forced return monitoring activities in accordance with Article 8(6) of Directive 2008/115/EC and who have been trained in accordance with Article 35. Forced return monitors shall also report to the Agency, including the Fundamental Rights Officer.
Amendment 771 #
2015/0310(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Executive Director shall determine the profile and the number of the forced return monitors to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return monitors corresponding to the defined profile. Forced return monitors with a child protection profile shall be included in the pool and required for any return operation involving children.
Amendment 777 #
2015/0310(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Agency shall constitute a pool of forced return escorts from national competent bodies who carry out return operations in accordance with the requirements referred to in Article 8(4) and (5) of Directive 2008/115/EC and who have been trained in accordance with Article 35, including on fundamental rights.
Amendment 778 #
2015/0310(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return escorts corresponding to the defined profile. Forced return escorts with a child protection profile shall be included in the pool and required for any return operation involving children.
Amendment 784 #
2015/0310(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Agency shall constitute a pool of return specialists from national competent bodies and from the staff of the Agency, who have the skills and expertise required for carrying out return-related activities and who have been trained in accordance with Article 35. Those specialists shall be made available to carry out specific tasks, such as identification of particular groups of third-country nationals, the acquisition of travel documents from third countries and facilitation of consular cooperation, without disclosing if the third-country national had requested asylum.
Amendment 791 #
2015/0310(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. In circumstances where Member States are facing a heavy burden when implementing the obligation to return illegalrregularly staying third-country nationals in accordance with Directive 2008/115/EC, the Agency shall, upon request of one or more Member States, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist in the deployment of European Return Intervention Teams to the host Member States and the organisation of return operations from the host Member States. Member States shall regularly inform the Agency of their needs for technical and operational assistance, and the Agency shall draw up a rolling plan for return interventions on this basis. At least a Member State representative and a forced return monitor from the pool established under Article 28 shall be present throughout the entire return intervention until arrival at the third country of return.
Amendment 793 #
2015/0310(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. In circumstances where Member States are facing specific and disproportionate pressure when implementing their obligation to return illegalrregularly staying third-country nationals in accordance with Directive 2008/115/EC, the Agency shall, upon the request of one or more Member States, provide the appropriate technical and operational assistance in the form of a rapid return intervention. The Agency may propose on its own initiative to provide to the Member States such technical and operational assistance. A rapid return intervention may consist in the rapid deployment of European Return Intervention Teams to the host Member States and the organisation of return operations from the host Member States. At least a Member State representative and a forced return monitor from the pool established under Article 28 shall be present throughout the entire rapid return intervention until arrival at the third country of return.
Amendment 796 #
2015/0310(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The operational plan shall be drafted in accordance with Article 15, shall be binding on the Agency, the host Member States and the participating Member States, and it shall cover all aspects that are necessary for carrying out the return intervention, in particular the description of the situation, objectives, the start and foreseeable duration of the intervention, geographical coverage and possible deployment to third countries, composition of the European Return Intervention Team, description of the tasks and responsibilities of the European Return Intervention Team, detailed provisions on fundamental rights safeguards, including on proportionate use of force in accordance with Article 39(6), logistics, financial provisions, modalities of cooperation with third countries, other Union agencies and bodies, relevant international and non-governmental organisations. Any amendment to or adaptation of the operational plan shall require the agreement of the Executive Director, the host Member State and the participating Member States. A copy of the amended or adapted operational plan shall be immediately sent by the Agency to the Member States concerned and the Management Board.
Amendment 805 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, and relevant international law, including, the Convention Relating to the Status of Refugees and the Convention on the Rights of the Child and obligations related to access to international protection, in particular with regards to the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy, including an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency.
Amendment 813 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. In the performance of its tasks the European Border and Coast Guard shall ensure that no person is disembarked in, forced to enter, conducted to or otherwise handed over or returned to the authorities of a country where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution, or other inhuman or degrading treatment or punishment, or where his or her life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion in contravention of the principle of non-refoulement, or from which there is a risk of expulsion, removal, extradition or return to another country in contravention of that principle.
Amendment 816 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The European Border and Coast Guard shall, in the performance of its tasks, take into account theand address the rights and special needs of children, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 822 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. In the performance of all its tasks, including the further development and implementation of an effective mechanism to monitor the respect for fundamental rights, in its relations with Member States and in its cooperation with third countries, the Agency shall take into account the reports of the Consultative Forum and the Fundamental Rights Officer.
Amendment 824 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 4 a (new)
Article 33 – paragraph 4 a (new)
4a. The Agency shall include a detailed programme for the further development and implementation of the Fundamental Rights Strategy in its annual and multiannual work programme and report on it in its annual activity report.
Amendment 830 #
2015/0310(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Agency shall develop and regularly update a Code of Conduct for the return of illegalrregularly staying third-country nationals which shall apply during all return operations and return interventions coordinated or organised by the Agency. That Code of Conduct shall describe common standardised procedures to simplify the organisation of return operations and return interventions, and assure return in a humane manner and with full respect for fundamental rights, in particular the principles of human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, the right to liberty and security and the right to the protection of personal data and non- discrimination.
Amendment 835 #
2015/0310(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The Agency shall take the necessary initiatives to ensure that all border guards and other relevant staff of the Member States who participate in the European Border and Coast Guard Teams, as well as the staff of the Agency, have received, prior to and staff and border guards of theird countries participationg in an operational activitiesy organised by the Agency have received, prior to their participation in such activities, training in relevant Union and international law, including on fundamental rights, access to international protection, guidelines for the purpose of identifying persons seeking protection and directing them towards the appropriate facilities, guidelines for addressing the special needs of children, including unaccompanied minors, victims of trafficking in human beings, persons in need of urgent medical assistance, and other particularly vulnerable persons, and search and rescue.
Amendment 840 #
2015/0310(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The Agency shall take the necessary initiatives to ensure training for staff involved in return-related tasks to be part of the pools referred to in Articles 28, 29 and 30. The Agency shall ensure that all staff who participate in return operations and in return interventions, as well as the staff of the Agency, have received, prior to their participation in operational activities organised by the Agency, training in relevant Union and international law, including fundamental rights and access to international protection, proportionality in the use of force, access to international protection and access to referral mechanisms for vulnerable persons.
Amendment 842 #
2015/0310(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Agency shall establish and further develop common core curricula for the training of border guards and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights, access to international protection and relevant maritime law. The Agency shall draw up the common core curricula in cooperation with the Fundamental Rights Officer and after consulting the Consultative Forum. Member States shall integrate the common core curricula in the training of their national border guards and staff involved in return-related tasks.
Amendment 850 #
2015/0310(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The Agency shall proactively monitor and contribute to research and innovation activities relevant for the control of the external borders, including the use of advanced surveillance technology such as remotely piloted aircraft systems, and for return. The Agency shall disseminate the results of that research to the Commission, the European Parliament and the Member States. It may use those results as appropriate in joint operations, rapid border interventions, return operations and return interventions.
Amendment 859 #
2015/0310(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. The Agency may plan and, subject to approval by the European Parliament and the Council, implement pilot projects regarding matters covered by this Regulation.
Amendment 861 #
2015/0310(COD)
Proposal for a regulation
Article 36 – paragraph 4 a (new)
Article 36 – paragraph 4 a (new)
4a. The Agency shall make public all its research projects, including demonstration projects, the cooperation partners involved and the project budget.
Amendment 862 #
2015/0310(COD)
Proposal for a regulation
Article 36 – paragraph 4 b (new)
Article 36 – paragraph 4 b (new)
4b. The Agency shall ensure lobby transparency by disclosing all its meetings with third party stakeholders.
Amendment 866 #
2015/0310(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. The Agency shall set up and keep centralised records of equipment in a technical equipment pool composed of equipment owned either by the Member States or by the Agency and equipment co- owned by the Member States and the Agency for external border control, search and rescue or return purposes.
Amendment 872 #
2015/0310(COD)
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. Members of the teams shall wear their own uniform while performing their tasks and exercising their powers. They shall wearvisibly wear an identification number and a blue armband with the insignia of the Union and the Agency on their uniforms, identifying them as participating in a joint operation, pilot project, rapid border intervention, return operation or return intervention. For the purposes of identification vis-à-vis the national authorities of the host Member State, members of the teams shall, at all times, carry an accreditation document, which they shall present upon request.
Amendment 876 #
2015/0310(COD)
Proposal for a regulation
Article 39 – paragraph 6
Article 39 – paragraph 6
6. While performing their tasks and exercising their powers, members of the teams shall be authorised to use force, including service weapons, ammunition and equipment, with the consent of the home Member State and the host Member State, in the presence of border guards of the host Member State and in accordance with the national law of the host Member State, as well as with international human rights law, including the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and the Charter of Fundamental Rights. The host Member State may, with the consent of the home Member State, authorise members of the teams to use force in the absence of border guards of the host Member State.
Amendment 877 #
2015/0310(COD)
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. Service weapons, ammunition and equipment may be used in legitimate self- defence and in legitimate defence of members of the teams or of other persons, in accordance with the national law of the host Member State, as well as with international human rights law and the Charter of Fundamental Rights.
Amendment 881 #
2015/0310(COD)
Proposal for a regulation
Article 39 – paragraph 8 a (new)
Article 39 – paragraph 8 a (new)
8a. The host Member States authorities shall be the data controllers for the processing of any personal data collected or processed by members of the teams while performing their tasks and exercising their powers.
Amendment 884 #
2015/0310(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where members of the teams are operating in a host Member State, that Member State shall be liable in accordance with its national lawand the Agency shall be jointly and severally liable for any damage caused by them during their operations. Where members of the teams are operating in a third country, the Agency shall be liable for any damage caused by them during their operations.
Amendment 887 #
2015/0310(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where such damage is caused by gross negligence or willful misconduct, the host Member State or the Agency may approach the home Member State in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home Member State.
Amendment 892 #
2015/0310(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. Any dispute between Member States or between a Member State and the Agency relating to the application of paragraphs 1, 2 and 3 which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with Article 273 TFEUthe Treaties.
Amendment 899 #
2015/0310(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Without prejudice to Article 47, the transfer of personal data processed by the Agency and the onward transfer by Member States to authorities of third countries or third parties, including international organisations, of personal data processed in the framework of this Regulation shall be prohibited.
Amendment 903 #
2015/0310(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. A Member State or other Union Agency providing personal data to the Agency shall determine the purpose or the purposes for which it shall be processed as referred to in paragraph 1. If it has not done so, the Agency in consultation with the provider of personal data concerned shall process it in order to determine its necessity in relation to the purpose or the purposes as referred to in paragraph 1 for which it shall be further processed. The Agency may process information for a different purpose than the one in paragraph 1 only if authorised by the data provider of the information.
Amendment 904 #
2015/0310(COD)
Proposal for a regulation
Article 46 – title
Article 46 – title
Processing of personal data collected during joint operations, pilot projects and rapid border interventions and by migration management support teams for migration management purposes
Amendment 908 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point a
Article 46 – paragraph 1 – point a
(a) personal data regarding persons who are suspected, on reasonable grounds, by the competent authorities of the Member States of involvement in cross-border criminal activities, including in facilitating irregular immigration activities,migrant smuggling or in trafficking in human beings or terrorism;
Amendment 909 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
(b) personal data regarding persons who cross the external borders illegalrregularly and whose data is collected by the European Border and Coast Guard Teams, including when acting in the framework of the migration management support teams;
Amendment 912 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point c
Article 46 – paragraph 1 – point c
(c) license plate numbers, telephone numbers or ship identification numbers, which are linked to the persons referred to in (a) and (b), and which are necessary for investigating and analysing routes and methods used for irregular immigration and cross-border criminal activities.
Amendment 914 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
(a) where transmissionto the European Asylum Support Office, Europol or Eurojust is necessary for use in accordance with theirits respective mandates and in accordance with Article 51;
Amendment 915 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
(b) where transmission to the authorities of the relevant Member States which are responsible for border control, migration, or asylum or law enforcement is necessary for use in accordance with national legislation and national and EU data protection rules;
Amendment 916 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The personal data shall be deleted as soon as they have been transmitted to the European Asylum Support Office, Europol or Eurojust or to the competent authorities of Member States or used for the preparation of risk analyses. The term of storage shall in any event not exceed three months after the date of the collection of those data. In the result of the risk analyses, data shall be anonymised.
Amendment 917 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 3 a (new)
Article 46 – paragraph 3 a (new)
Amendment 918 #
2015/0310(COD)
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article 46a Processing of personal data collected during joint operations, pilot projects and rapid border interventions and by migration management support teams for internal security purposes 1. Any processing, collection, storage or use by the Agency of personal data collected and transmitted to it by the Member States or by its own staff in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teams for the purposes of ensuring a high level of internal security within the Union shall be limited to what is strictly necessary and proportionate, and shall be limited to personal data regarding persons who are suspected, on reasonable grounds, by the competent authorities of the Member States of involvement in cross-border serious crime or terrorism. 2. Personal data referred to in paragraph 1 may be processed by the Agency in the following cases: (a) where transmission to Europol or Eurojust is necessary for use in accordance with their respective mandates and in accordance with Article 51; (b) where transmission to the authorities of the relevant Member States which are responsible for law enforcement is necessary and proportionate for use in accordance with national legislation and national and EU data protection rules. 3. Any personal data shall be deleted 45 days after the date of collection. 4. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be allowed only where strictly necessary, subject to appropriate safeguards for the rights and freedoms of the data subject, and only to protect the vital interests of the data subject or of another natural person.
Amendment 919 #
2015/0310(COD)
Proposal for a regulation
Article 46 b (new)
Article 46 b (new)
Article 46b Transparency and information provided to data subjects 1. Data subjects whose personal data is collected by the Agency or the Member States shall be informed of the processing of personal data concerning them, the purpose(s) of the processing and the specific rights that they are entitled to as data subjects. The Agency and the Member States shall ensure that data subjects are properly informed in a form that they can reasonably understand. 2. This information should be conveyed in an age-appropriate manner when the person concerned is a minor, using clear and simple language, in a language that he or she can understand, and avoiding legal terminology that he or she might not be familiar with. 3. This Article is without prejudice to the obligations under Regulation (EC) No 45/2001.
Amendment 926 #
2015/0310(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The Agency shall cooperate with the Commission, other Union institutions, the European External Action Service, Europol, the European Asylum Support Office, the European Union Agency for Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation, and in particular with the objectives of preventing and combating irregular immigration and cross-border crime including the facilitation of irregular immigration, trafficking in human being and terrorism.
Amendment 930 #
2015/0310(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2
Article 51 – paragraph 1 – subparagraph 2
To that end, the Agency mayshall cooperate with international organisations competent in matters covered by this Regulation, in particular the Office of the United Nations High Commissioner for Refugees, the Office of the United Nations High Commissioner for Human Rights and the Commissioner for Human Rights of the Council of Europe.
Amendment 931 #
2015/0310(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Such cooperation shall take place within the framework of working arrangements concluded with those bodies. Such arrangements shall have received the Commission’'s prior approval. In every case the Agency shall inform the European Parliament of any such arrangements and make them public on its website.
Amendment 932 #
2015/0310(COD)
Proposal for a regulation
Article 51 – paragraph 4
Article 51 – paragraph 4
4. The Union institutions, agencies, bodies, and offices and international organisations referred to in paragraph 1, shall use information received by the Agency only within the limits of their competences and in compliance with fundamental rights, including data protection requirements. Onward transmission or other communication of personal data processed by the Agency to other Union agencies or bodies shall be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval of the European Data Protection Supervisor. As regards the handling of classified information, those arrangements shall provide that the Union institution, body, office, agency or international organisation or agency concerned shall comply with security rules and standards equivalent to those applied by the Agency. Any transfer of personal data to other third parties shall be in line with Article 44 (4).
Amendment 934 #
2015/0310(COD)
Proposal for a regulation
Article 52 – paragraph 1 – introductory part
Article 52 – paragraph 1 – introductory part
1. The Agency shall, in cooperation with the European Fisheries Control Agency and the European Maritime Safety Agency, support national authorities carrying out coast guard functions at national and Union level, and where appropriat, including search and rescue, at international and Union level by:
Amendment 935 #
2015/0310(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point b
Article 52 – paragraph 1 – point b
Amendment 939 #
2015/0310(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The modalities of the cooperation on coast guard functions of the European Border and Coast Guard Agency with the European Fisheries Control Agency and the European Maritime Safety Agency shall be determined in a working arrangement, in accordance with the financial rules applicable to the Agencies. The agencies shall use information received in the context of their cooperation only within the limits of their legal framework and in compliance with fundamental rights, including data protection requirements.
Amendment 949 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the external relations policy of the Union, including with regard to the protection of fundamental rights and the Convention Relating to the Status of Refugees. The Agency and the Member States shall comply with norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on the territory of those countries. The establishment of cooperation with third countries shall serve to promote European border management and return standards. , especially with regards to respect for fundamental rights and human dignity.
Amendment 960 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. In circumstances requiring increased technical and operational assistance, the Agency may coordinate operational cooperation between Member States and neighbouring third countries in the field of management of external borders, and it shall have the possibility of carrying out joint operations at the external borders involving one or more Member States and a neighbouring third country neighbouringwhich shares a land border to at least one of those Member States and which ratified and implement in full the European Convention on Human Rights and the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol thereto, subject to the agreement of that neighbouring third country, including on the territory of that third country. The CommissOperations shall be informed of such activitiecarried out on the basis of an operational plan agreed also by the Member State bordering the operational area. The participation of Member States in joint operations on the territory of third countries shall be on a voluntary basis.
Amendment 964 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 3 a (new)
Article 53 – paragraph 3 a (new)
3a. During such an operation, no person shall, in contravention of the principle of non-refoulement, be conducted to or otherwise handed over to the authorities of a third country where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where his or her life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another country in contravention of the principle of non- refoulement.
Amendment 967 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 3 b (new)
Article 53 – paragraph 3 b (new)
3b. A status agreement shall be concluded by the EU with the third country, based on Article 218(6)(v) TFEU, for the deployment of the members of the teams in actions where members of the teams will conduct executive powers, or in other actions when necessary. This agreement shall cover all aspects that are necessary for carrying out the actions, in particular the description of the scope of the operation, civil and criminal liability, tasks and powers of the members of the teams, detailed provisions on information exchange and data protection and on fundamental rights safeguards, including provisions on the monitoring of fundamental rights and the complaints mechanism. The agreement shall ensure the full respect of fundamental rights during these operations.
Amendment 968 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 3 c (new)
Article 53 – paragraph 3 c (new)
3c. Before any such agreement is concluded, the Commission shall verify that its provisions comply with this Regulation as well as with the relevant Union and international law on fundamental rights and on international protection, including the Charter of Fundamental Rights, the Convention Relating to the Status of Refugees and the Convention on the Rights of the Child, in particular the principle of non- refoulement and the right to an effective remedy, and with the provisions on information exchange and data protection in this regulation. The assessment shall be based on information derived from a broad range of sources, which include Member States, Union bodies, offices and agencies, relevant international organisations and NGOs. The Commission shall forward its assessment to the European Parliament and the Council.
Amendment 969 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 3 d (new)
Article 53 – paragraph 3 d (new)
3d. The Commission shall draw up a model status agreement for actions on the territory of third countries.
Amendment 972 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. The Agency may also, with the agreement of the Member States concerned invite observers from third countries to participate in its activities at the external borders referred to in Article 13, return operations referred to in Article 27, return interventions referred to in Article 32 and training referred to in Article 35, to the extent that their presence is in accordance with the objectives and operational plans of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety and compliance of fundamental rights of those activities. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 13, 27 and 35 and only with the agreement of the host Member State regarding those referred to in Article 13 and 32. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive the appropriate training from the Agency prior to their participation.
Amendment 979 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 8
Article 53 – paragraph 8
Amendment 982 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
9. The Agency shall inform the European Parliament of the activities referred to in paragraphs 2 and 3publish its agreements and working arrangements with third countries on its website. The Agency shall report to the European Parliament at least every three months on its cooperation with third countries. A detailed assessment of the cooperation with third countries, including detailed information on compliance with fundamental rights and international protection, shall be included into the annual report of the Agency.
Amendment 987 #
2015/0310(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Within the framework of the external relations policy of the Union, priority for deployment of liaison officers shall be given to those third countries which, on the basis of risk analysis, constitute a country of origin or transit regarding irregular immigration. On a reciprocal basis the Agency may receive liaison officers posted by those third countries. The Management Board shall adopt, on a proposal of the Executive Director the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the Management Board. Liaison officers shall only be deployed to third countries in which border management practices comply with minimum human rights standards.
Amendment 989 #
2015/0310(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. The tasks of the Agency’'s liaison officers shall include, in compliance with Union law and in accordance with fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegalrregularly staying third-country nationals and to promoting fundamental rights in these areas. Those liaison officers shall coordinate closely with Union delegations.
Amendment 993 #
2015/0310(COD)
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
4. The decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the Commission, and the European Parliament shall receive this opinion and shall be fully informed of those activities as soon as possiblewithout delay.
Amendment 998 #
2015/0310(COD)
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties. In cases referred to in Article 41 the Agency shall be liable for any damages caused by members of the teams during their operations, in particular, the damages caused by violations of fundamental rights.
Amendment 1005 #
2015/0310(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point d
Article 60 – paragraph 1 – point d
Amendment 1007 #
2015/0310(COD)
Proposal for a regulation
Article 60 – paragraph 1 a (new)
Article 60 – paragraph 1 a (new)
In addition, the Agency shall establish an independent Consultative Forum.
Amendment 1015 #
2015/0310(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point c
Article 61 – paragraph 1 – point c
(c) adopt drecisommendations setting out corrective measures in accordance with Article 12(6);
Amendment 1016 #
2015/0310(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point q a (new)
Article 61 – paragraph 1 – point q a (new)
(qa) shall advise the Executive Director on the measures needed to be taken for the practical execution of the Commission recommendation related to a situation requiring urgent action at the external borders, including the technical equipment and staff needed to meet the objectives of that decision in accordance with Article 18(3).
Amendment 1025 #
2015/0310(COD)
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
1. The Management Board shall, by 30 November each year, adopt a programming document containing the Agency’'s multiannual programming and annual programming for the following year, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission and, as regards the multiannual programming, after having consulted the European Parliament. The Management Board shall forward that document to the European Parliament, the Council and the Commission without delay.
Amendment 1026 #
2015/0310(COD)
Proposal for a regulation
Article 63 – paragraph 3
Article 63 – paragraph 3
3. The multiannual programming shall set out overall strategic programming in the medium and long term, including the objectives, expected results and performance indicators, as well as resource planning, including the multiannual budget and staff. The multiannual programming shall set the strategic areas of interventions and explain what needs to be done to achieve the objectives. It shall include a strategy for the monitoring and respect for fundamental rights and for relations with third countries and international organisations, as well as the actions linked to that strategyies.
Amendment 1028 #
2015/0310(COD)
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. The European Parliament or the Council may invite the Executive Director to report on the carrying out of his or her tasks, in particularcluding on the implementation and monitoring of the Fundamental Rights Strategy, the consolidated annual activity report of the Agency for the previous year, the work programme for the following year and the Agency’'s multiannual programming or any other matter related to the activities of the Agency. The Executive Director shall make a statement before the European Parliament and report to it regularly or whenever so requested.
Amendment 1031 #
2015/0310(COD)
Proposal for a regulation
Article 67 – paragraph 3 – point c
Article 67 – paragraph 3 – point c
(c) to prepare each year the programming document and to submit it to the Management Board after consulting the Commission and the European Parliament;
Amendment 1035 #
2015/0310(COD)
Proposal for a regulation
Article 67 – paragraph 3 – point g
Article 67 – paragraph 3 – point g
(g) to adopt a drecisommendation on corrective measures in accordance with Article 12(5), including to propose to Member States to initiate and carry out joint operations, rapid border interventions or other action referred to in Article 13(2);
Amendment 1037 #
2015/0310(COD)
Proposal for a regulation
Article 67 – paragraph 3 – point k
Article 67 – paragraph 3 – point k
(k) to ensure the implementation of the Commission drecision referred to inommendation in accordance with Article 18;
Amendment 1038 #
2015/0310(COD)
Proposal for a regulation
Article 67 – paragraph 3 – point l
Article 67 – paragraph 3 – point l
(l) to withdraw financing of a joint operation or rapid border intervention, a pilot project, a migration management support team, a return operation or a return intervention or to suspend or terminate such operations in accordance with Article 24;
Amendment 1039 #
2015/0310(COD)
Proposal for a regulation
Article 67 – paragraph 3 – point m
Article 67 – paragraph 3 – point m
(m) to evaluate the results of joint operations and rapid border interventions, pilot projects, migration management support teams, return operations, return interventions and operational cooperation with third countries in accordance with Article 25;
Amendment 1049 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board on the grounds of merit and documented high-level administrative and management skills, as well as senior professional experience in the field of management of the external borders and return. The Management Board shall take its decision by a two- thirds majority of all members with a right to vote. The European Parliament shall confirm the appointment of the Executive Director, after having heard the candidate.
Amendment 1056 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 2
Article 68 – paragraph 2 – subparagraph 2
Power to dismiss the Executive Director shall lie with the Management Board, acting on a proposal from the Commission or the European Parliament, according to the same procedure.
Amendment 1080 #
2015/0310(COD)
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The Agency shall invite the European Asylum Support Office, the European Union Agency for Fundamental Rights, the United Nations High Commissioner for Refugees and other relevant organisations to participate in the Consultative Forum. On a proposal by the Executive Director, the Management Board shall decide on the composition and the working methods of the Consultative Forum and the modalities of the transmission of information to the Consultative Forum. The Consultative Forum shall define its working methods and set up its working programme.
Amendment 1085 #
2015/0310(COD)
Proposal for a regulation
Article 70 – paragraph 3
Article 70 – paragraph 3
3. The Consultative Forum shall be consulted on the further development and implementation of the Fundamental Rights Strategy, Codes of Conduct and common core curricula, agreements with third countries, the complaint mechanism, operational plans and common core curricula as well as for establishing the criteria referred to in Article 12 and Article 24.
Amendment 1086 #
2015/0310(COD)
Proposal for a regulation
Article 70 – paragraph 3 a (new)
Article 70 – paragraph 3 a (new)
3a. The Agency shall inform the Consultative Forum how it has altered or not its activities as a response to reports and recommendations of the Consultative Forum and include details in its annual report.
Amendment 1089 #
2015/0310(COD)
Proposal for a regulation
Article 70 – paragraph 5
Article 70 – paragraph 5
5. The Consultative Forum shall have access to all information concerning the respect for fundamental rights in a timely and effective manner, including by carrying out on spot visits to any joint operations or, rapid border interventions subject to the agreement of the host Member State, pilot project, migration management support teams, return operation or return intervention, including in third countries.
Amendment 1091 #
2015/0310(COD)
Proposal for a regulation
Article 70 – paragraph 5 a (new)
Article 70 – paragraph 5 a (new)
5a. The Consultative Forum shall be supported by a professional and independent secretariat with full control over its own budget, which shall be sufficient to carry out its mandate and proportionate to the dimensions of the Agency and to the growth of its budget.
Amendment 1099 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Fundamental Rights Officer shall be independent in the performance of his or her duties as a Fundamental Rights Officer, he or she shall report directly to the Management Board and cooperate with the Consultative Forum. The Fundamental Rights Officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights.
Amendment 1106 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The Fundamental Rights Officer shall be consulted, inter alia, on the operational plans drawn up in accordance with Articles 15, 16, 27 and 32(4) and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency, on the operations of the Agency in the context of Migration Management Support Teams, on vulnerability assessments, codes of conduct, cooperation with third countries, the withdrawing of the financing, the suspension or termination of an activity of the Agency and training curricula and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency, including by carrying out on spot visits to any joint operation, rapid border intervention, pilot project, migration management support teams, return operation or return intervention, including in third countries. The Fundamental Rights Officer shall be responsible for establishing, further developing and implementing the complaint mechanism.
Amendment 1111 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 3 a (new)
Article 71 – paragraph 3 a (new)
3a. The Agency shall ensure that the Fundamental Rights Officer has sufficient staff and resources to fulfil its tasks. The Fundamental Rights Officer shall have control over its budget.
Amendment 1117 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. Any person who is directly affected by the actions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support teams, return operation or return intervention, and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions, or any third parties intervening on behalf of such a person, may submit a complaint, in writing, to the Agency.
Amendment 1121 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. Only substantiated complaints involving concrete fundamental rights violations shall be admissible. Complaints which are anonymous, malicious, frivolous, vexatious, or hypothetical or inaccurate shall be excluded from the complaint mechanism. Anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant.
Amendment 1126 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 4
Article 72 – paragraph 4
4. The Fundamental Rights Officer shall be responsible for handling complaints received by the Agency in accordance with the right to good administration. For this purpose, the Fundamental Rights Officer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints within three weeks to the Executive Director, forward complaints concerning border guards to the home Member State or third country, including the relevant authority or body competent for fundamental rights, and register and ensure the follow-up by the Agency or that Member State. , that Member State or that third country. The Fundamental Rights Officer shall inform the complainant of the decision on admissibility, and of the national authorities to which his or her complaint was forwarded. In case the Fundamental Rights Officer found a complaint inadmissible, it shall inform the complainant of the reasons thereof. Any decision shall be in written form and reasoned.
Amendment 1130 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 5
Article 72 – paragraph 5
5. In case of a registered complaint concerning a staff member of the Agency or seconded members of the teams or seconded national experts, the Executive Director shall ensure appropriate follow- up, including disciplinary measures as necessarynd referral to civil or criminal justice procedures as necessary in accordance with this Regulation and national law. The Executive Director shall report back to the Fundamental Rights Officer as to the findings and follow-up given by the Agency to a complaint the latest three months after having received the complaint and, if necessary, every six weeks thereafter.
Amendment 1133 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 6
Article 72 – paragraph 6
6. In case of a registered complaint concerning a border guard of a host Member State or a member of the teams, including seconded members of the teams or seconded national experts,or a third country the home Member State or the third country shall ensure appropriate follow-up, including disciplinary measures as necessary or other measures in accordance withnd referral to civil or criminal justice procedures as necessary in accordance with this Regulation and national law. The relevant Member State or third country shall report back to the Fundamental Rights Officer as to the findings and follow-up to a complaint the latest three months after having received the complaint and, if necessary, every six weeks thereafter. In case the relevant Member State or third country does not report back, the Agency shall send a letter of warning recalling the possible actions which the Agency can take if no follow-up is received to the letter.
Amendment 1139 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 6 a (new)
Article 72 – paragraph 6 a (new)
6a. The Agency and the Member States shall provide for an appeal procedure in cases where a complaint is declared inadmissible, is rejected or the follow-up considered inappropriate by the complainant.
Amendment 1140 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 6 b (new)
Article 72 – paragraph 6 b (new)
6b. The Executive Director shall withdraw financial compensation to a Member State or third country which does not take an appropriate follow-up including disciplinary, civil and/or criminal justice measures as necessary or other measures in accordance with national law. In case a border guard has been found to have violated fundamental rights or international protection obligations, the Agency shall request the Member State or third country concerned to remove the border guard or seconded national expert immediately from the activity of the Agency or the rapid reserve pool, and pursue appropriate disciplinary or civil or criminal justice measures.
Amendment 1142 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 7 a (new)
Article 72 – paragraph 7 a (new)
7a. A report on received complaints, the types of fundamental rights violations, the activities of the Agency concerned, the Member State or third country concerned and the follow-up shall be included into the annual activity report of the Agency.
Amendment 1147 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 1
Article 72 – paragraph 9 – subparagraph 1
The Fundamental Rights Officer shall, after consulting the Consultative Forum, draw upestablish the procedure for the complaints mechanism, including a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights. The Fundamental Rights Officer shall submit that form to the Executive Director and to the Management Board.
Amendment 1152 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that the standardized complaint form is available in most common languages and that it shall be made availablepeople are informed about the possibility and procedure to make complaint, or use other legal remedies, including recourse to the Court of Justice of the European Union or other regional and international bodies and to legal aid, that the standardized complaint form is available in languages that asylum seekers and migrants understand or may be reasonably supposed to understand on the Agency’'s website and in hardcopy during all activities of the Agency, and that further guidance and assistance on the complaints procedure is provided to alleged victims and on request. Information tailored to children shall be provided to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 1154 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 1
Article 72 – paragraph 10 – subparagraph 1
Any personal data contained in a complaint shall be handled and processed by the Agency and the Fundamental Rights Officer in accordance with Regulation (EC) No 45/2001 and by Member States in accordance with Directive 95/46/EC and, where the data are processed by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in accordance with Council Framework Decision 2008/977/JHA.
Amendment 1156 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 2
Article 72 – paragraph 10 – subparagraph 2
Amendment 1158 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 3
Article 72 – paragraph 10 – subparagraph 3
In order to safeguard the interest of the complainants, complaints shall be dealt with confidentially unless the complainant waives his or her right to confidentiality. Any waiver of confidentiality shall be valid only where given by a freely given, specific, informed and unambiguous indication of the complainant's wishes. The Agency shall be able to demonstrate that the confidentiality was waived. For complainants who waive their right to confidentiality, it is understood that he or she consents to the Fundamental Rights Officer or the Agency disclosing his or her identity to the competent authority and the relevant authority or body competent for fundamental rights of the relevant Member State in relation to the matter under complaint.
Amendment 1160 #
2015/0310(COD)
Proposal for a regulation
Article 72 a (new)
Article 72 a (new)
Article 72a Respective roles of the Fundamental Rights Officer and the Data Protection Officer 1. Data protection rights and related complaints submitted by data subjects shall be dealt with separately by the Data Protection Officer established in accordance with Article 44(1) of this Regulation. 2. The Fundamental Rights Officer and the Data Protection Officer shall establish, in written, a Memorandum of Understanding specifying their division of tasks as regards complaints received.
Amendment 1161 #
2015/0310(COD)
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. The Agency mayshall communicate on its own initiative in the fields within its mission. It shall make public relevant information such as the consolidated annual activity report referred to in Article 61(1)(d), the annual work programme, the Code of Conducts, the risk analyses, detailed descriptions of past and current joint operation, rapid border intervention, pilot project, migration management support teams, return operation or return intervention, including in third countries, work arrangements with third countries or other EU Agencies and ensure in particular that the public and any interested party are rapidly given objective, detailed, reliable and easily understandable information with regard to its work.
Amendment 1162 #
2015/0310(COD)
Proposal for a regulation
Article 74 a (new)
Article 74 a (new)
Article 74a Reports and information to the European Parliament 1. The European Parliament or the Council may invite the Executive Director to report on the carrying out of his or her tasks, including on the implementation and monitoring of the Fundamental Rights Strategy, the consolidated annual activity report of the Agency for the previous year, the work programme for the following year and the Agency's multiannual programming. The Executive Director shall report to the European Parliament and answer any questions put by its members, whenever so requested. 2. The Executive Director shall report in writing on the main activities of the Authority to the European Parliament when requested and at least 5 days before making the report referred to in paragraph 1. 3. In addition to information referred to in paragraph 1 the report shall also include any relevant information requested by the European Parliament on an ad-hoc basis. 4. The Commission shall forward all official documents of the Agency, including inter alia vulnerability assessments, operational plans and evaluations thereof, without delay to the European Parliament. Confidential information within the meaning of Annex 2 of the Interinstitutional Agreement between the European Parliament and the Commission shall be dealt with according to this Agreement. All members of the Parliament shall get access to these documents.
Amendment 1163 #
2015/0310(COD)
Proposal for a regulation
Article 75 – paragraph 13 a (new)
Article 75 – paragraph 13 a (new)
13a. The budget, including the establishment plan, shall include sufficient financing of the Fundamental Rights Strategy and the Fundamental Rights Officer amounting to at least 5% of the overall budget.
Amendment 1167 #
2015/0310(COD)
Proposal for a regulation
Article 79 – paragraph 5
Article 79 – paragraph 5
Amendment 1168 #
2015/0310(COD)
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1
Article 80 – paragraph 1 – subparagraph 1
By three years from the date of entry into force of this Regulation, and every three years thereafter, the Commission shall carry out an independent evaluation to assess particularly the impact, effectiveness and efficiency of the Agency’'s performance and its working practices in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification. The evaluation shall be carried out by an independent external contractor or body.
Amendment 1173 #
2015/0310(COD)
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 2
Article 80 – paragraph 1 – subparagraph 2
The evaluation shall include a specific analysis on the way the Charter of Fundamental Rights and respective Union legislation was complied with in the application of this Regulation. This analysis shall be carried out in cooperation with the Agency for Fundamental Rights and in consultation with the Consultative Forum.
Amendment 1174 #
2015/0310(COD)
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
2. The Commission shall send without delay the evaluation report together withand its conclusions on the report, to the European Parliament, the Council and the Management Board. The evaluation report and the conclusions on the report shall be made public.
Amendment 1175 #
2015/0310(COD)
Proposal for a regulation
Article 80 – paragraph 3
Article 80 – paragraph 3
3. On the occasion of every second evaluation, tThe Commission shall assess the results achieved by the Agency having regard to its objectives, mandate and task, tasks and compliance with the Charter of Fundamental Rights.
Amendment 47 #
2015/0125(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) According to data of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex), the Central and Eastern Mediterranean route were the main areas for irregular border crossing into the Union in 2014. In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277% compared to 2013, including more than 26100 children, of whom around 13000 were unaccompanied (7.6% of the total migrants arrived). A steady increase was also witnessed by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153% compared to 2013. Statistics for the first months of 2015 confirm this clear trend in respect of Italy. From January to June 2015 Italy witnessed a 5% increase of irregular border crossings as compared to the same period in the previous year. In addition, Greece has faced in the first months of 2015 a sharp increase in the number of irregular border crossings, corresponding to a more than 50% of the total number of irregular border crossings in 2014 (almost 28 000 in the first four months of 2015six-fold increase in comparison with the same period in the previous year and nearly a 140% increase compared to the previous year as a whole (76 293 from January to June 2015, according to data by Frontex, in comparison to a total number of almost 55 000 in 2014). A significant proportion of the total number of irregular migrants detected in these two regions included migrants of nationalities which, based on the Eurostat data, meet a high Union level recognition rate (in 2014, the Syrians and the Eritreans, for which the Union recognition rate is more than 75%, represented more than 40% of the irregular migrants in Italy and more than 50% of them in Greece; from January to June 2015 Syrians and Eritreans represented 30% of arrivals to Italy and nearly 60% to Greece). According to Eurostat, 30 505 Syrians were found to be irregularly present in Greece in 2014 compared to 8 220 in 2013.
Amendment 88 #
2015/0125(NLE)
Proposal for a decision
Recital 25
Recital 25
(25) When deciding which applicants in clear need of international protection should be relocated from Italy and Greece, priority should be given to vulnerable applicants and among those special attention should be given to unaccompanied children, within the meaning of Articles 21 and 22 of Directive 2013/33/EU of the European Parliament and of the Council10. In this respect, special needs of applicants, including health, should be of primary concern. The best interests of the child should always be a primary consideration. 10 Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast) (OJ L 180, 29.6.2013, p.96).
Amendment 95 #
2015/0125(NLE)
Proposal for a decision
Recital 26 a (new)
Recital 26 a (new)
(26a) A core lesson to be learned from the pilot project on relocation from Malta (EUREMA) is that expectations and preferences should be managed properly. As an initial step, applicants should be given the possibility to express their preferences. They should rank five Member States among the Member States by order of preference and support their preferences by elements such as family ties, social ties and cultural ties such as language skills, previous stay, previous studies and previous work experience. This should take place in the course of the initial processing. As a second step, the respective Member States should be informed about the applicants’ preferences. They then should be given the possibility to indicate their preferences for applicants among those applicants who had expressed their preference for the Member State concerned. Member States should support their preferences by aspects such as family, social and cultural ties. Liaison officers appointed by Member States could facilitate the procedure by conducting interviews with the respective applicants. Applicants should also have the possibility to consult with other actors such as NGOs, United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration. In particular, unaccompanied children should have access to child-rights organizations. Finally, Italy and Greece, with the assistance of EASO, should take a decision to relocate each of the applicants to a specific Member State by taking the preferences as much as possible into account. UNHCR should be consulted on their best practices developed in resettlement including on the management of preferences and specific qualifications.
Amendment 109 #
2015/0125(NLE)
Proposal for a decision
Recital 30 a (new)
Recital 30 a (new)
Amendment 8 #
2014/2228(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the decision of the European Ombudsman closing her own initiative inquiry 01/10/2014/RA concerning the European Commission;
Amendment 12 #
2014/2228(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the case law of the Court of Justice of the European Union (ECJ) particularly Judgment C-350/12[1] and Opinions 2/13[2] and 1/09[3];
Amendment 29 #
2014/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the agreement should guarantee full respect for EU fundamental rights standards through the inclusion of a human rights clause as a standard part of EU trade agreements with third countries; considers that the European Parliament would not be able to accept any TTIP which does not contain such a clause
Amendment 43 #
2014/2228(INI)
Motion for a resolution
Recital A
Recital A
A. whereas econometric impact assessments on TTIP come to very different results, some of them predicting that an ambitious agreement with the US may support the reindustrialisation of Europe and help achieve the 2020 target for an increase of the EU’s GDP genewhile at the same time leading to protracted by industry from 15 % to 20 %and significant job losses; whereas it has the potential to create opportunities especially for export- oriented SMEs, which suffer more from non-tariff barriers (NTBs) than larger companiesle at the same time it may lead to increased pressures on non- export-oriented SMEs whose concerns should be duly taken into account; whereas an agreement between the two biggest economic blocs in the world has the potential to create standards, norms and rules which will be adopted at a global level, which would serve to the advantage of third countries as well;
Amendment 56 #
2014/2228(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that personal data can be transferred outside the Union only if the provisions on third-country transfers in EU data protection laws are respected; recalls that the Commission can only negotiate on provisions which touch upon the flow of personal data provided that the full application of EU data protection rules is guaranteed; is seriously concerned about the TiSA draft texta US provided draft text on e-commerce in the frame of the TiSA negotiations, which would completely undermine all EU rules and safeguards for the transfer of personal data to third countries; calls on the Commission to make it clear to the US side that the draft chapter on e-commerce proposed by US negotiators in the 7th TTIP negotiation round will not be accepted as a base for negotiations, should it contain similar conditions to the US draft chapter on e-commerce in the TiSA negotiations;
Amendment 59 #
2014/2228(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. asks the Commission to ensure that negotiations on a chapter on e-commerce and on a chapter on telecommunications in TTIP be put on hold until the ongoing negotiations on Safe Harbor and the Data Protection Umbrella Agreement are successfully concluded;
Amendment 61 #
2014/2228(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. asks the Commission to ensure that negotiations on a chapter on financial service regulation, and specifically the freedom of processing personal data in connection with financial transactions, be put on hold until the ongoing negotiations on Safe Harbour and the Data Protection Umbrella Agreement are successfully concluded;
Amendment 70 #
2014/2228(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that decisions on legal conflicts about fundamental rights may only be made by competent ordinary courts; is concerned that provisions on investor-state dispute settlement (ISDS) may prevent access to justice and undermine democracy; is of the firm opinion that a possible TTIP agreement should not contain any ISDS mechanism, as the given level of investment protection in the EU and in the US is fully sufficient to guarantee legal security;
Amendment 84 #
2014/2228(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls the need for transparency in the negotiations throughout the entire process; reminds the Commission of its obligation to keep Parliament fully informed on an immediate basis at all stages of the negotiation, according to TFEU Art 218.10 which, in a recent ruling, the ECJ confirmed as being of statutory character, to keep Parliament fully informed on an immediate basis at all stages of the negotiations; urges the Commission to work towards an agreement with the US Administration regarding the access of all Parliamentarians to the consolidated negotiation texts; insists on access for the public to relevant negotiation documents from all parties, with the exception of those which are to be classified with clear justification on a case-by-case basis, in line with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents2 [1]. __________________ 2 OJ L 145, 31.5.2001, p. 43.
Amendment 90 #
2014/2228(INI)
Motion for a resolution
Recital C
Recital C
C. whereas we are faced with an unregulated picture of globalisation and a well-designed trade agreement could contribute to harnessing liberalisregulation; whereas such an agreement should not only focus on reducing tariffs and NTBs but should also be a tool to protect workers, consumers and the environment; whereas a strong and ambitious trade agreement is an opportunity to create a framework by strengthening regulation to the highest standards at a global level in order to prevent social and environmental dumping; whereas the first 20 months of negotiations show however an orientation towards industry concerns of cost reduction;
Amendment 150 #
2014/2228(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the US federal law on animal welfare is well below the level of EU regulation, including the lack of legislation on welfare standards for farmed animals before the point of slaughter; whereas unfortunately, animal welfare is not considered by the Commission to be a trade concern in the same way as food safety or animal health for the purposes of import requirements;
Amendment 205 #
2014/2228(INI)
Motion for a resolution
Recital I
Recital I
I. whereas President Juncker has also clearly stated in his Political Guidelines that he will not accept that the jurisdiction of courts in the Member States is limited by special regimes for investor disputes; whereas now that the results of the public consultation on investment protection and ISDS in the TTIP are available, a reflection process – taking account of the mostly very critical and constructive contributions – is needed within and between the three European institutions on the best way to achieve investment protection and equal treatment of investors without the use of the ISDS mechanism;
Amendment 209 #
2014/2228(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the ECJ has considered, in its Opinion 1/09, that the creation of mechanisms for settling disputes outside the institutional and judicial context of the Union which would deprive the courts of the Member States of their jurisdiction relating to the interpretation and application of EU law, and the Court of its own jurisdiction to answer, on a preliminary basis, the questions posed by the said courts, would distort the forms of jurisdiction which the treaties give the institutions of the Union and the Member States, which are essential for the preservation of the very nature of the law of the Union, and would consequently be incompatible with the Treaties;
Amendment 211 #
2014/2228(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas the ECJ estimated, in its Opinion 2/13, that the jurisdiction of the Union in respect of international relations, and its ability to conclude international agreements, necessarily included the option of submitting to the decisions of a court created or designated under such agreements, in respect of the interpretation and application of the provisions; whereas, however, the Court also stipulated that an international agreement could have effects on its own jurisdiction only if the essential conditions for the preservation of its nature were met and, hence, only if there was no violation of the autonomy of the Union's legal order.
Amendment 212 #
2014/2228(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas, on 10 September 2014, the Commission refused to register ICE Stop TTIP, considering that it went beyond the scope of the attributions of the European Commission to submit a legal deed of the Union required for the purposes of application of the treaties; Whereas a ‘Stop TTIP’ initiative was consequently commenced outside the procedure laid down by Regulation 211/2011 and has already collected more than a million signatures;
Amendment 232 #
2014/2228(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas TTIP is expected to be a mixed agreement requiring ratification by the European Parliament, European Council and all 28 EU Member States;
Amendment 246 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point a – point i
Paragraph 1 – point a – point i
(i) to ensure that TTIP negotiations lead to a deep, comprehensive, ambitious, balanced and high-standard trade and investment agreement that would promoteing sustainable growth, support the creation of high-quality jobs for European workers, directly bedevelopment, fully respecting existing and future EU social, environmental and health standards, and creating no obstacle, nefit European consumers, increase international competitiveness, and open up new opportunities for EU companies, in particular SMEher legally nor politically, for the implementation of existing EU laws or the adoption of new ones; the content of the agreement is more important than the speed of the negotiations;
Amendment 253 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point a – point i a (new)
Paragraph 1 – point a – point i a (new)
(ia) to ensure that TTIP takes into account that trade is not an end in itself but a means to improve well-being, which could mean suspending the TTIP negotiations until it can be conclusively proven that the Commission's previous estimates of job dislocation are no longer a legitimate concern;
Amendment 265 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point a – point ii
Paragraph 1 – point a – point ii
(ii) to emphasise that while the TTIP negotiations consist of negotiations on three main areas – ambitiously improving reciprocal market access (for goods, services, investment and public procurement at all levels of government), reducing NTBs and enhancing the compatibility of regulatory regimes, and developing common rules to address shared global trade challenges and opportunities – all these areas are equally important to be included in a comprehensive package; TTIP should be ambitious and binding on all levels of government on both sides of the Atlantic, the agreement should lead to lasting genuine market openness on a reciprocal basis and trade facilitation on the ground, and should pay particular attention to structural means of achieving greater transatlantic cooperation while upholding regulatory standards and preventing social and environmental dumpingmarket access, reducing NTBs and enhancing regulatory cooperation, and developing global trade rules – all these areas have different objectives, concern different actors, and vary in scope and time horizons, and therefore should be treated each in its own merits without cross-bargaining in the ambit of a comprehensive package; TTIP negotiations should pay particular attention to structural means of achieving greater transatlantic cooperation while upholding regulatory standards and preventing social and environmental dumping, while ensuring that both partners remain free to enact standards that provide higher levels of environmental, labour, consumer and privacy protection than those required by the agreement;;
Amendment 287 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point a – point iv
Paragraph 1 – point a – point iv
(iv) to ensure, especially given the recent positive developments in the World Trade Organisation (WTO), that an agreement with the US serves as a stepping-stone for broader trade negotiations and is not seen as an alternative tois not pre-empting or counter- acting the WTO process; bilateral trade agreements are always the second-best option and must not prevent improvements on the multilateral level;
Amendment 309 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point i
Paragraph 1 – point b – point i
(i) to ensure that the market access offers in the different areas are equally ambitious and reflect both parties’ expectations and limitations, as market access for industrial goods, agricultural products, services and public procurement is equally important in all cases and a balance is needed between the different proposals forare different in nature, relating to different public choices and therefore cannot be traded off against each other in the negotiation process of these agreasement;
Amendment 326 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point ii
Paragraph 1 – point b – point ii
(ii) to aim at the elimination of all duty tariffs where possible, while respecting the need to protect sensitive products on both sides;
Amendment 343 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point iii
Paragraph 1 – point b – point iii
(iii) to keep in mind that there are important offensive interests for the EU in the services sector, for instance in the areas of engineering, telecommunications and transport services, but also important defensive interests, for instance in the areas of health, education and media services;
Amendment 366 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point iv
Paragraph 1 – point b – point iv
(iv) to increase market access for services and national treatment according to the ‘positive list approach’ whereby services that are to be opened up to foreign companies are explicitly mentioned and new services are excluded while ensuring that possible standstill and ratchet clauses only apply to non- discrimination provisions and allow for enough flexibility to bring services back into public controlnd national treatment conditions are explicitly mentioned and newly developed and previously not existing services are excluded while ensuring that public authorities have always the possibility to regain public control over liberalized services of general interest;
Amendment 405 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vi
Paragraph 1 – point b – point vi
(vi) to ensure an adequate carve-out ofxplicitly exclude sensitive services such as public services and public utilities (including water, health and social services, social security systems and education) allowing national and local authorities enough room for manoeuvre to legislate in the public interestprivate and public education) from the negotiations in order to fully preserve the room of national, regional and local authorities to legislate in the public interest, especially regarding the definition, provision, commissioning and organization of services of general interest; a clear and unambiguous exclusion of all kinds of social security systems and benefits funded and delivered by social security institutions shall be guaranteed; a joint declaration reflecting negotiators’ clear commitment to exclude these sectors from the negotiations would be very helpful in this regard;
Amendment 415 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vi a (new)
Paragraph 1 – point b – point vi a (new)
(via) to ensure an explicit exclusion of public services as referred to in Article 14 TFEU from the scope of application of TTIP, in order to ensure that national and local authorities have the freedom to introduce, adopt, maintain or repeal any measure with regard to the commissioning, organisation, funding and provision of public services, as provided in Article 168 TFEU (public health) and in Protocol 26 (Services of General Interest) of the EU Treaties; this exclusion should apply independently of whether the services in question are organised as a monopoly, operating under exclusive rights or otherwise, and whether they are publicly or privately funded and provided;
Amendment 420 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vi b (new)
Paragraph 1 – point b – point vi b (new)
(vib) to take immediate steps to safeguard the right of EU governments to legislate, organise, set quality and safety standards for, manage and regulate public services by not committing public service sectors to further market access liberalization and by filing general Annex-II reservations in the National Treatment schedules regarding all health services in the widest sense, communication services, educational services, environmental services, financial services, social services, transport services, and energy services;
Amendment 431 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vii
Paragraph 1 – point b – point vii
(vii) to combine market access negotiations on financial services withmake additional market access for financial services conditional to prior convergence inof financial regulation on the highest level in the competent multilateral fora, in order to support the introduction of necessary regulation to prevent financial crises and in order to support ongoing cooperation efforts in other international forums, such as the Basel Committee on Banking Supervision and the Financial Stability Board;
Amendment 437 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vii a (new)
Paragraph 1 – point b – point vii a (new)
(viia) to refrain from additional market access commitments for financial services since interconnectedness, complexity and excessively big entities generate and spread systemic risks and represent a threat to financial stability;
Amendment 439 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vii b (new)
Paragraph 1 – point b – point vii b (new)
(viib) to take immediate action to ensure that aggressive tax planning, and distortion of competition by e.g. moving of headquarters across the Atlantic to obtain competition-distorting conditions, are addressed, and ensure that 'off-shore' funds whose managers operate on both side of the Atlantic are being required to established their headquarters 'on shore'; to take immediate action for ensuring an automatic exchange of information and country-by-country reporting regarding tax matters in all sectors;
Amendment 440 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vii c (new)
Paragraph 1 – point b – point vii c (new)
(viic) to ensure that no jurisdiction with no or purely nominal taxes is included within the scope of the TTIP agreement;
Amendment 441 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vii d (new)
Paragraph 1 – point b – point vii d (new)
(viid) to ensure that financial legislation and regulation is not subject to enforcement under TTIP chapters on regulatory cooperation and excluded from court challenges or dispute settlements procedures under the TTIP agreement;
Amendment 442 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vii e (new)
Paragraph 1 – point b – point vii e (new)
(viie) urges the Commission to negotiate a general prudential carve-out that guarantees financial stability and covers public policy objectives such as the restructuring of banks and other financial institutions and guarantees general access to affordable financial services and provide adequate financing for the transition toward climate friendly economies;
Amendment 451 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point viii
Paragraph 1 – point b – point viii
(viii) to ensure that the EU’s acquis on data protection and privacy is not compromised through the liberalisation of data flows, in particular in the area of e-commerce and financial services; to ensure that no commitments on data flows are taken up beforerestate that privacy and data protection issues between the partners will be discussed in parallel within the framework of the US-EU Safe Harbour revision and the Data Protection Umbrella Agreement; to ensure that no commitments on data flows are taken up in TTIP and that the TTIP negotiations on the chapters of e-commerce and financial services are put on hold until the presently reworked European data protection legislation is in place;
Amendment 455 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point viii a (new)
Paragraph 1 – point b – point viii a (new)
(viiia) to keep in mind that the consent of the European Parliament to the final TTIP agreement could be endangered as long as the US blanket mass surveillance activities are not completely abandoned and an adequate solution is found for the data privacy rights of EU citizens, including administrative and judicial redress, as stated in the paragraph 74 of the Parliament resolution of 12 March 2014;
Amendment 480 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point x
Paragraph 1 – point b – point x
(x) to keep in mind that the agreement should not risk prejudicing the Union’s cultural and linguistic diversity, including in the audiovisual, press and cultural services sector, and that existing and future provisions and policies in support of the cultural audiovisual sector, in particular in the digital world, are kept out of the scope of the negotiations;
Amendment 493 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xi
Paragraph 1 – point b – point xi
(xi) to ensure that account is taken of the discrepancies in the openness of public procurement markets on both sides of the Atlantic and the political sensitivities connected to the opening of this important area of industrial policy when considering the huge interest on the part of European companies in obtaining access to public contracts in the US both at federal and state level, for example for construction services, traffic infrastructure and goods and services, while respecting sustainability criteria, labour law enforcement and specific provisions on social, health, education and other services of general interest for procurement on both sides, inter alia the new EU procurement and concession package entering into force in 2016; to ensure that account is taken of the discrepancies between de-jure and de- facto openness of the procurement market in the EU and that the costs of liberalisation are fully assessed;
Amendment 502 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xi a (new)
Paragraph 1 – point b – point xi a (new)
(xia) to ensure that the new European rules adopted during the revision of the public procurement directives are maintained and promoted in the negotiations, in particular in relation to access for SMEs to public contracts in line with the example provided by the American Small Business Act, award criteria based on value for money, rather than the lowest price, the setting-aside of contracts for social economy operators, the possibility for contracting authorities to cooperate as inter-municipal associations and the thresholds below which public procurement is not subject to European or international rules
Amendment 503 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xi b (new)
Paragraph 1 – point b – point xi b (new)
(xib) to ensure respect for the right of procurement authorities to favour short supply chains in public contracts in order to contribute to improvements in environmental performance;
Amendment 504 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xi c (new)
Paragraph 1 – point b – point xi c (new)
(xic) ensure that public-private partnerships are excluded from the negotiations as they present particularly significant issues for public authorities, particularly in terms of local development;
Amendment 505 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xi d (new)
Paragraph 1 – point b – point xi d (new)
(xid) ensure that public-private partnerships are excluded from the negotiations as they present particularly significant issues for public authorities, because of their generally long duration;
Amendment 530 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xiv
Paragraph 1 – point b – point xiv
(xiv) to ensure that the negotiations on rules of origin aim at reconciling the EU and US approaches; given the conclusion of the negotiations for the Comprehensive Economic and Trade Agreement (CETA) between EU and Canada and the potential upgrade of the EU-Mexico free trade agreement, an independent impact assessment of the consequences of a transatlantic market extended to NAFTA should be carried out prior to any consideration of the possibility and scope of cumulation will need to be considered;
Amendment 537 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xiv a (new)
Paragraph 1 – point b – point xiv a (new)
(xiva) to ensure that the EU and US establish joint rules on the definition of product origin, ensuring that the rules are clear, easily applicable, favourable to fair trade and allow for current and future changes in production;
Amendment 554 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point i
Paragraph 1 – point c – point i
(i) to ensure that the regulatory cooperation chapter promotes an effective, pro- competitive economic environment through the facilitation of trade and investment while developapplies only to clearly specified sectoral areas where the EU and the US have similar levels of protection, and insists that it be clarified explicitly that any provision on regulatory cooperation in the TTIP agreement does not set a procedural requirement for the adoption of Union acts concerned by it nor does it give rise to enforceable rights in that regard; to ensure that TTIP is promoting and securing high levels of protection of health and safety, consumer, labour and environmental legislation and of the cultural diversity that exists within the EU; negotiators on both sides need to identify and to be very clear about which regulatory measures and standards are fundamental and cannot be compromised, which ones can be the subject of a common approach, which are the areas where mutual recognition based on a common high standard and a strong system of market surveillance is desirable, and which are those where simply an improved exchange of information is possible, based on the experience of one and a half years of ongoing talks;
Amendment 562 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point i a (new)
Paragraph 1 – point c – point i a (new)
(ia) ensure that TTIP's provisions do not apply to or affect the agricultural sector and its regulation, where it diverts efforts from local food production and shorter supply chains towards unnecessary and duplicatory trading;
Amendment 564 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point i b (new)
Paragraph 1 – point c – point i b (new)
(ib) to specify in particular the agricultural sectors and subsectors to be excluded from the scope of regulatory cooperation within TTIP, including sensitive areas in which EU and US legislation differs significantly, including but not restricted to legislation on animal welfare, genetically modified organisms, clones and descendants of clones, chlorine bleach on chicken carcasses, growth hormones in meat and milk production, antibiotics in livestock rearing, agro-chemicals and plant protection products;
Amendment 565 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point i c (new)
Paragraph 1 – point c – point i c (new)
(ic) in particular reject the following provisions, which could de facto make it more difficult for the EU to go beyond the lowest common denominator of international instruments: – grant the US the right to enter into regulatory exchanges concerning the adoption of national legislation by Member States, including joint examination of possible means to promote regulatory compatibility, – grant the US formal rights with regards to implementing acts to be adopted pursuant to Article 291 TFEU, while the European Parliament has no right to scrutiny whatsoever with regard to implementing acts;
Amendment 566 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point i d (new)
Paragraph 1 – point c – point i d (new)
(id) to consider EU regulation as standards necessary to ensure public and animal health, food safety and environmental sustainability, amongst other legitimate factors; therefore to reject their categorization as Technical Barriers to Trade;
Amendment 576 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point ii
Paragraph 1 – point c – point ii
(ii) to base negotiations on SPS and TBT measures on the key principles of the multilateral SPS and TBT agreements; to aim in the first place at increasing transparency and openness, strengthening dialogue between regulators and strengthening cooperation in international standards-setting bodies; to recognise, in negotiations on SPS and TBT measures, the right of both parties to manage risk in accordance with the level either deems appropriate in order to protect human, animal or plant life or health; to fully respect and uphold the sensitivities and fundamental values of either side, such asin particular the EU’s precautionary principle; to exclude provisions which could de facto make it more difficult for the EU and its Member States to go beyond the lowest common denominator of international instruments;
Amendment 580 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point ii a (new)
Paragraph 1 – point c – point ii a (new)
(iia) to strengthen the guarantees and protection for the EU's right to legislate on labelling and marking, considering it through the frame of traceability and consumer information, and not as a Technical Barrier to Trade; to ensure that TTIP does in no way undermine the EU's ability to provide traceability for food products and to inform consumers through regulation on country of origin labelling, labelling of production methods, or other forms of food labelling;
Amendment 582 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point ii b (new)
Paragraph 1 – point c – point ii b (new)
(iib) to ensure that the goal of aligning regulatory standards with regard to animal welfare is to raise standards to the highest level rather than lowering them and to include animal welfare production standards as a requirement for importing goods into the EU;
Amendment 596 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point iii
Paragraph 1 – point c – point iii
(iii) with regard to the horizontal regulatory cooperation chapter, to give priority to fostering bilateral cooperation between regulatory bodies through enhanced information exchange and to promote the adoption, strengthening and timely implementation of international instruments, on the basis of successful international experiences such as, for instance, ISO standards or under the United Nations Economic Commission for Europe’s (UNECE) World Forum for Harmonisation of Vehicle Regulations (WP.29); to establishnsure that the prior impact assessment for the regulatory act, as defined in the horizontal provisions on regulatory cooperation, should also measure the impact on consumeris fully based on the EU methodology of primarily measuring social, human rights and the environment next to its impact on trade and investmental impacts; to handle the possibility of promoting regulatory compatibility with great care and only without compromising legitimate regulatory and policy objectives;
Amendment 607 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point iv
Paragraph 1 – point c – point iv
(iv) to define clearly, in the context of future regulatory cooperation, which measures concern TBT and redundant administrative burdens and formalities and which are linked to fundamental standards and regulations, or procedures serving a public policy objective, and should not be altered;
Amendment 613 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point v
Paragraph 1 – point c – point v
(v) to fully respect the established regulatory and democratic decision- making systems on both sides of the Atlantic, as well as the European Parliament’s role within the EU’s decision- making process and its democratic scrutiny over EU regulatory processes when creating the framework for future cooperation while at the same time being vigilant about a balanced involvement of stakeholders, particularly non- governmental organisations, within the consultations included in the development of a regulatory proposal;
Amendment 625 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point i
Paragraph 1 – point d – point i
(i) to combinewithhold from cross-bargaining in negotiations on market access and, regulatory cooperation with, and the establishment of ambitious rules and disciplines, sinter alia on sustainable development, energy, SMEs, investment and intellectual propertyce each of these three pillars follows a different logic and specific sensitivities;
Amendment 645 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point iii
Paragraph 1 – point d – point iii
(iii) to ensure that labour and environmental standards and the right to regulate for national, regional and local authorities are not limited to the trade and sustainable development chapter but are equally included in other areas of the agreement, such as investment, trade in services, regulatory cooperation and public procurement;
Amendment 652 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point iv
Paragraph 1 – point d – point iv
(iv) to ensure that labour and environmental standards and rights are made enforceable, by building on the good experience ofprocedures set down in the EU-Korea free trade agreement and good and effectiveby adding enforcement practices in the US’s free trade agreements and national legislation;
Amendment 674 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point vi
Paragraph 1 – point d – point vi
(vi) to ensure that the economic, social and environmental impact of TTIP is examined through a thorough ex-ante trade sustainability impact assessment (SIA) in full respect of the EU Directive on SIA, with clear involvement of stakeholders and civil society;
Amendment 679 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point vi a (new)
Paragraph 1 – point d – point vi a (new)
(via) to ensure that a further economic, social and environmental impact of TTIP is made after the conclusions of the negotiations and before any vote in Parliament and in Council, as well as a further Sustainability Impact Assessment, with involvement of stakeholders and civil society, and that any impact assessment examines effects of the TTIP on developing countries as well as the EU-Turkey customs union;
Amendment 688 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point vii
Paragraph 1 – point d – point vii
(vii) to ensure that in course of the negotiations the two sides examine ways to facilitate natural gas and oil exports, so that TTIP would abolish any existing export restrictions on energy between the two trading partners, thereby supporting a diversification of energy sourceend fossil fuel subsidies in line with the G-20 commitments, specifically also with regard to fuel tax exemptions for commercial aviation, and subsidies through Export Credit Agencies and international financial institutions;
Amendment 693 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point vii a (new)
Paragraph 1 – point d – point vii a (new)
(viia) to ensure that the objective to reduce EU greenhouse gas emissions by 80-95% by 2050 is taken into account in the TTIP negotiations, therefore insisting that ambitious and binding common energy efficiency measures as well as the promotion of renewables are the economically and environmentally most sustainable options to achieve this goal;
Amendment 695 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point vii b (new)
Paragraph 1 – point d – point vii b (new)
(viib) to ensure that the EU standardisation process is not undermined, for example in the field of energy labelling policies and energy efficiency measures;
Amendment 699 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point viii
Paragraph 1 – point d – point viii
(viii) to ensure that the right of either partner to govern the exploration and exploitation of energy sources remains untouched by any agreement, butand that non- discrimination is applied once exploitation is decided; access to raw materials as well as to energy should also be granted on a non-discriminatory basis for companies from either the EU or the US and quality standards for energy productsquality standards for energy products, such as enshrined and to be further developed in the Fuel Quality Directive of the EU must be respected;
Amendment 706 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point ix
Paragraph 1 – point d – point ix
(ix) to ensure that TTIP supports the energy efficiency goals of the EU, and the use and promotion of renewables, green goods and services, thereby tapping into the considerable potential for environmental and economic gains offered by the transatlantic economy;
Amendment 715 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point x
Paragraph 1 – point d – point x
(x) to ensure that TTIP serves as a forum for the development of common, ambitious and binding energy efficiency standards and sustainability standards for energy production, always taking into account and adhering to existing standards on both sides;
Amendment 716 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point x a (new)
Paragraph 1 – point d – point x a (new)
(xa) to ensure that particularly high greenhouse gas intensive fuels such as LNG derived from shale gas and crude oil derived from tar sands are banned from the EU market, as this would jeopardize international climate commitments, put at odds EU climate legislation and objectives, undermine the recommendations on unconventional fuels, and infringe the Fuel Quality Directive;
Amendment 717 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point x b (new)
Paragraph 1 – point d – point x b (new)
(xb) points to the huge differentials between the USA and the EU in energy prices and in per capita CO-2 emissions; calls on the Commission to do away with pork-barrel politics in TTIP negotiations and focus on a common welfare approach based on concepts such as energy sustainability, the precautionary principle, the internalization of external costs and responsibility towards future generations;
Amendment 718 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point x c (new)
Paragraph 1 – point d – point x c (new)
(xc) to promote the idea of a transatlantic recycling market that sets global standards and promotes a global recycling certification scheme to prevent the illegal export of electronics waste in line with the Basel Convention
Amendment 727 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xi a (new)
Paragraph 1 – point d – point xi a (new)
(xia) to ensure the establishment or continuation, both in the US and in the EU Member States, of pro-SMEs policies and support schemes such as those improving access to public procurement of SMEs, green or regional procurement;
Amendment 730 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xi b (new)
Paragraph 1 – point d – point xi b (new)
(xib) to ensure protection and enhancement of pro-SMEs policies and support schemes; to ensure that the priorities and concerns of all types of SMEs, whether export oriented or not, are fully taken into account in the TTIP negotiations e.g. by means of ex-ante impact assessments or targeted public consultations, given that only 13% of SMEs are active outside the EU, while 25% are active exclusively within the EU internal market; points to the negative impact that any possible TTIP agreement is likely to have on non-export oriented SMEs;
Amendment 737 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xii
Paragraph 1 – point d – point xii
(xii) to ensure that TTIP contains a comprehensivebalanced chapter on investment including provisions on both market access and investment protection; the investment chapter should aim at ensuring non-discriminatory treatment for the establishment of European and US companies in each other’s territory, while taking account oftaking into account the critical public debate about including provisions on both market access and investment protection and the sensitive nature of some specific sectors;
Amendment 746 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xiii
Paragraph 1 – point d – point xiii
(xiii) to ensure that investment protection provisions are limited to post- establishment provisions, contain investor rights as well as investor duties in line with OECD recommendations, and focus on non- discrimination and fair and equitable treatmentwhile fully protecting national, regional and local authorities' rights to regulate; standards of protection and definitions of investor and investment should be drawn up in a precise and limiting manner; free transfer of capital should be in line with the EU treaty provisions and should include a timely unrestricted prudential carve-out in the case of financial crises;
Amendment 771 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xiv
Paragraph 1 – point d – point xiv
(xiv) to ensure that foreign investors are treated in a non-discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances, which can be achieved without the inclusion of an ISDS mechanism; such a mechanism is not necessary in TTIP given the EU’s and the US’ developed legal systems; a state-to- state dispute settlement system and the use of national courts are the most appropriate tools to address investment disputesis of the firm opinion that a possible TTIP agreement should not contain any ISDS mechanism as the given level of investment protection in the EU and the US is fully sufficient to guarantee legal security;
Amendment 798 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xv
Paragraph 1 – point d – point xv
(xv) to ensure that TTIP includes an ambitiousthe Intellectual Property Rights (IPR) chapter thatof TTIP includes strong protectprovisions ofnly for precisely and clearly defined areas of IPR, including enhanced protection andfor the recognition of European Geographical Indications (GIs), and reflects a fair and efficient level of protection such as laid out in the EU’s and the US’s free trade agreement provisions in this areawhere a common minimal denominator can be identified, while continuing to confirm the existing flexibilities in the Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS), notably in the area of public health;
Amendment 807 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xv a (new)
Paragraph 1 – point d – point xv a (new)
(xva) stresses that negotiations with the US on most IPR issues are not desirable from the EU point of view, as legal traditions and rules differ, such as on copyright or patent protection, while the levels of protection are already well developed; recalls that trade secret protection, which is not considered as an IPR in the vast majority of the EU Member States should not be discussed in the context of IPR; reminds the Commission that it is key for EU producers, both from an economic and a cultural standpoint, that there is full recognition and protection of geographical indications (GIs);
Amendment 808 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xv b (new)
Paragraph 1 – point d – point xv b (new)
(xvb) to take into account that the TRIPS Council adopted in 2013 a decision granting LDCs an eight-year extension of the transition period to implement the TRIPS Agreement; urges the EU not to circumvent the current TRIPS regime, as it would hamper developing countries to benefit from "Special and Differentiated Treatment", in terms of access to medicine or technology transfer, which are of primary importance for developing countries;
Amendment 811 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xvi
Paragraph 1 – point d – point xvi
(xvi) to ensure that the IPR chapter does not include provisions on the liability of internet intermediaries or on criminal sanctions as a tool for enforcement, as having been previously rejected by Parliament;
Amendment 828 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point e – point i
Paragraph 1 – point e – point i
(i) to continue and step up, in line with the recommendations of the European Ombudsman, ongoing efforts to increase transparency in the negotiations by making more negotiation proposals, especially consolidated negotiation texts, available to the general public; is of the firm opinion that in the area of regulatory cooperation all consolidated negotiation texts should be available to the general public;
Amendment 831 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point e – point i a (new)
Paragraph 1 – point e – point i a (new)
(ia) to enter into a political dialogue on the TTIP with the citizens of Europe, in particular by affording the Stop TTIP Initiative treatment comparable to that afforded to an official ECI: that is by meeting the organisers at an appropriate level, publishing its political and legal conclusions on the subject and working with the European Parliament to ensure that a public hearing is arranged;
Amendment 839 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point e – point ii
Paragraph 1 – point e – point ii
(ii) to translate these transparency efforts into meaningful practical results, inter alia by reaching meaningful arrangements with the US side to improve transparency, including access to all negotiating documents, in order to allow Members of Parliament and the Member States to develop constructive discussions with stakeholders and the public, and to refrain from further negotiations until this goal is reached;
Amendment 843 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point e – point ii a (new)
Paragraph 1 – point e – point ii a (new)
(iia) to keep Parliament fully informed on an immediate basis at all stages of the negotiations, in accordance with ECJ ruling C358/11; to ensure access for all Members of the European Parliament to all restricted documents and to include consolidated texts in the list of documents which may be consulted by Members of the European Parliament;
Amendment 847 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point e – point iii
Paragraph 1 – point e – point iii
(iii) to promote an even closer engagement with the Member States with the aim of forging their active involvement in bettertruthfully communicating the scope and the possible benefieffects of the agreement for European citizens and in order to ensure a broad, fact-based public debate on TTIP in Europe with the aim of exploring the genuine concerns surrounding the agreement;
Amendment 854 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point e – point iv
Paragraph 1 – point e – point iv
(iv) to reinforce its continuous and transparent engagement with a wide range ofll stakeholders, including businesslocal and regional authorities, business, social, environmental, agricultural, consumer, labour and other representatives, throughout the negotiation process; encourages all stakeholders to participate actively and to put forward initiatives, critique and information relevant to the negotiations;
Amendment 867 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) to seek even closera structured engagement with national Parliaments and the European Parliament, which will continue to closely monitor the negotiating process and to engage on its part with the Commission, the Member States, and the US Congress and Administration, as well as with stakeholders on both sides of the Atlantic, in order to ensure an outcome which will benefit citizens in the EU, the US and beyond;
Amendment 9 #
2014/2205(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that the notion of "private sector “is very large and includes transnational as well as national business in the production and services areas, the banking and financing sector, workers' and employers' organisations and NGOs, and that each of them has its own priorities, principles and targets,
Amendment 11 #
2014/2205(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that development is far more than economic growth and that activities of the private sector have to be carefully framed in a set of conditions, after consultation and in accordance with the targeted communities;
Amendment 59 #
2014/2205(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Suggests a revision of existing and an improvement of future Sustainable development chapters in bilateral trade agreements with a view to include mandatory reporting schemes for the private sector;
Amendment 62 #
2014/2205(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Commission to further promote initiatives to better control the textile sector, and for the responsible mining, logging and sourcing of commodities, together with private sustainability-bound schemes, throughout supply chains, and to step up product and process life-cycle analysis as regards environmental and social considerations;
Amendment 64 #
2014/2205(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Is of the view that investment by the private sector into projects limited to the export of raw materials and natural resources are at least questionable as a contribution to the achievement of development goals;
Amendment 66 #
2014/2205(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Insists that instruments such as the ILO Convention 169, the OECD Guidelines for Multinational Enterprises, the Guiding Principles of the United Nations on Business and Human Rights, and the EU Human Rights and Democracy Strategic Framework have to be applied systematically, and that any infringement has to be sued, without accepting impunity;
Amendment 67 #
2014/2205(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Recommends a careful approach to blending and insists that companies can only benefit from EU financial instruments such as the regional investment facilities (LAIF and others), if regular monitoring of their coherence with development objectives is ensured;
Amendment 73 #
2014/2205(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Highlights that private investors in developing countries significantly benefit from investment-protection agreements, which risks to put profit over development concerns, to lead to regulatory chill and to reinforce unfair business relations; therefore recommends to exclude private sector financed development projects from BITs or ISDS-like provisions, not at least in order to strengthen the domestic judicial system, and calls for the use of national legal systems instead.
Amendment 1 #
2014/2040(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that it should be ensured that the budgetary line devoted to the Union's trade policy area should provides for sufficient appropriations for the Commission to efficiently pursue its ambitious trade agenda, contributing directly to growth and jobs; moreover, considers that the appropriations should be complemented by adequate reallocations of resources and staff, if necessaryn order to guarantee the active monitoring of trade agreements in force, including the implementation of commitments and the impact on the economy of the EU and the partner countries;
Amendment 5 #
2014/2040(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the increased range of EU trade agreements in force or under negotiation requires additional efforts and resources of Parliament for the monitoring of the EU trade policy, in order to fulfil its institutional task of controlling and legitimizing the Common Commercial Policy in a time, in which public interest in the conduct and results of EU trade policy has been sharply increasing;
Amendment 11 #
2014/0287(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 12 #
2014/0287(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) As a condition for the application of the tariff treatment granted under this Regulation, Ecuador should abstain from introducing new duties or charges having equivalent effect or new quantitative restrictions or measures having equivalent effect for imports originating in the Union, unless such duties or charges are related to social, health or environmental legislation, or from increasing existing levels of duties or charges or from introducing any other restrictions from [the date of initialling of the Protocol of Accession].
Amendment 17 #
2014/0287(COD)
Proposal for a regulation
Article 3 – point b
Article 3 – point b
Amendment 18 #
2014/0287(COD)
Proposal for a regulation
Article 3 – point b
Article 3 – point b
(b) abstention by Ecuador from introducing new duties or charges having equivalent effect and new quantitative restrictions or measures having equivalent effect for imports from the Union, unless such duties or charges are related to social, health or environmental legislation, or from increasing existing levels of duties or charges or from introducing any other restrictions from [the date of initialling of the Protocol of Accession]
Amendment 305 #
2014/0094(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point a – introductory part
Article 22 – paragraph 1 – point a – introductory part
(a) when the Member State concerned considers itit is necessary on humanitarian grounds, for reasons of national interest or because of international obligations, in particular in order to ensure the international protection of the person concerned in accordance with the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereof, or another act of EU or international law,
Amendment 24 #
2014/0059(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL setting up a Union system for supply chain due diligence self-certification of responsible importers of tin, tantalum and tungsten, their ores, and goldfor natural resources originating in conflict-affected and high- risk areas
Amendment 31 #
2014/0059(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Natural mineral resources in conflict- affected or high risk areas − although holding great potential for development – can be a cause of dispute where their revenues are fuelling the outbreak or continuation of violent conflict, undermining national endeavours towards development, good governance and the rule of law. In these areas, breaking the nexus between conflict and illegal exploitation of mineralnatural resources is critical to peace and stability.
Amendment 37 #
2014/0059(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Disputes over oil, gas, minerals, timber and other natural resources rank second as a source of conflicts worldwide; competition over resources, such as land and water, is on the rise, and exacerbating existing conflicts or triggering new ones; the mismanagement of land and natural resources is compounded by environmental degradation, population growth and climate change.
Amendment 40 #
2014/0059(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Human rights abuses are common within the extractive industry and include child labour, sexual violence, the disappearance of people, violation of the right to a clean environment, loss of land and livelihoods without negotiation and without adequate compensation, forced resettlement and the destruction of ritually or culturally significant sites.
Amendment 46 #
2014/0059(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Union has been actively engaged in an Organisation for Economic Co- operation and Development (OECD) initiative to advance the responsible sourcing of minerals from conflict regions, which has resulted in a government-backed multi-stakeholder process leading to the adoption of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (OECD Due Diligence Guidance5 ) including supplements on tin, tantalum and tungsten, and on gold. In May 2011, the OECD Ministerial Council recommended to actively promote the observance of this Guidance. __________________ 5 OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050- en.
Amendment 52 #
2014/0059(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 57 #
2014/0059(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) On 26 February 2014, the European Parliament adopted a resolution on promoting development through responsible business practices, including the role of extractive industries in developing countries, in which the Commission is requested to bring forward binding legislation on conflict minerals.
Amendment 61 #
2014/0059(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Union citizens and civil society actors have raised awareness with respect to companies operating under the Union's jurisdiction for not being held accountable for their potential connection to the illicit extraction and trade of mineralnatural resources from conflict regions. The consequence is that such mineralnatural resources, potentially present in consumer products, link consumers to conflicts outside the Union. To this end, citizens have requested, notably through petitions, that legislation be proposed to the European Parliament and the Council holding companies accountable under the Guidelines as established by the UN and OECD.
Amendment 66 #
2014/0059(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In the context of this Regulation, and in line with the OECD Due Diligence Guidance, supply chain due diligence is an on-going, proactive and reactive process through which business operators monitor and administer their purchases and sales with a view to ensuring that they respect human rights and do not contribute to conflict and adverse impacts thereof.
Amendment 72 #
2014/0059(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
Amendment 75 #
2014/0059(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) In accordance with OECD Due Diligence Guidance, companies should take reasonable steps and make good faith efforts to conduct due diligence to identify and prevent or mitigate any risks of adverse impacts associated with the conditions of access to natural resources and the relationship of suppliers operating in conflict-affected or high-risk areas.
Amendment 77 #
2014/0059(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 87 #
2014/0059(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Union companies have expressed their interest through the public consultation in the responsible sourcing of minerals and reported on current industry schemes designed to pursue their corporate social responsibility objectives, customer requests, or the security of their supplies. However, Union companies have also reported countless difficulties in the exercise of supply chain due diligence because of lengthy and complex global supply chains involving a high number of operators that are often insufficiently awaIn accordance with the OECD Due Diligence Guidance it is recognized that due diligence in conflict-affected and high-risk areas presents practical challenges and that flexibility is there for ethically unconcerned. The cost of responsible sourcing and their potential impact on competitiveness notably on SMEs should be monitored by the Commissione needed in the application thereof. The nature and extent of due diligence that is appropriate for an enterprises' individual circumstances depend on a number of factors, including its size and position in the supply chain, fully taking account of the challenges faced by SMEs.
Amendment 96 #
2014/0059(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Smelters and refiners are an importantrecognised choke points in global mineral supply chains as they are typically the last stage in which due diligence can effectively be assured by collecting, disclosing and verifying information on the mineral's origin and chain of custody. After this stage of transformation it is often considered unfeasible to trace back the origins of minerals. A Union list of responsible smelters and refiners could therefore provide transparency and certainty to downstream companies as regards supply chain due diligence practicestheir respective supply chains with substantial influence over the due diligence that is conducted along the supply chain in the sourcing countries. A Union list of responsible choke-point actors could therefore provide transparency and certainty to companies in the downstream with a view to carrying out supply chain due diligence practices. Consistently with the OECD Due Diligence Guidance, choke-point actors should undergo independent third-party audit of their supply chain due diligence practices, also with a view to being included in the list of responsible actors. Choke point actors based outside the European Union should also have a possibility for being included in the list to ensure its global scope.
Amendment 106 #
2014/0059(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Member State competent authorities are responsible to ensure the uniform compliance ofwith the self- certification of responsible importers by carrying out appropriate ex-post checks so as to verify whether the self-certified responsible importers of the minerals and/or metals within the scope of the Regulation comply with the supply chain due diligence obligationobligation of operators to carry out due diligence by carrying out appropriate ex-post checks. Records of such checks should be kept for at least 5 years. Member States are responsible to lay down the rules applicable to infringements of the provisions of this Regulation.
Amendment 115 #
2014/0059(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) With a view to enhancing the effective implementation of this regulation, and addressing development needs directly linked to the exploitation of natural resources originating in conflict- affected and high-risk areas, accompanying measures will be implemented. The European Commission and the European External Action Service will apply and further develop an integrated EU approach to responsible sourcing as initiated in the Joint Communication to the European Parliament and the Council "Responsible sourcing of minerals originating in conflict-affected and high-risk areas. Towards an integrated EU approach" (JOIN (2014) 8). In particular, the promotion of responsible sourcing of natural resources originating from conflict-affected and high-risk areas and the establishment of national and international due diligence frameworks for responsible sourcing will be integrated into internal and external policies and in particular into political and policy dialogues with partner countries, local authorities and private stakeholders. Particular attention will be given to addressing the contribution and challenges of the artisanal and informal mining sector for local livelihoods and sustainable development.
Amendment 119 #
2014/0059(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure the proper implementation of this Regulation, implementing powers should be conferred on the Commission. The implementing powers relating to the list of responsible smelters and refiners and the list of Member State competent authorities should be exercised in accordance with Regulation (EU) No 182/201111 . __________________ 11 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 Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)amend Annex I and Annex Ia to this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 290 TFEU, following the provisions laid down in this Regulation.
Amendment 126 #
2014/0059(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should report regularly to the Council and the European Parliament on the effects of the scheme. No later than three years after entering into force and every six years thereafter, the Commission should review the functioning and the effectiveness of this Regulation, including as regards the promotion of responsible sourcing of the minerals within its scope from conflict-affected and high-risk areas. The reports may be accompanied, if necessary, by appropriate legislative proposals, which may include mandatory measures,
Amendment 135 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation sets up a Union system for supply chain due diligence self- certification in order to curtail opportunities for armed groups and security forces12 to trade in tin, tantalum and tungsten, their ores, and gold. It is designed to provide transparency and certainty as regards the supply practices of importers, smelters and refiners sourcing from conflict-affected and high- risk areas. __________________ 12'Armed groups and security forces' as defined in Annex II of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict- Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050- en.designed to:
Amendment 140 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a (new)
Article 1 – paragraph 1 – point a (new)
(a) increase certainty and transparency as regards the supply practices of companies sourcing from conflict-affected and high- risk areas,
Amendment 142 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b (new)
Article 1 – paragraph 1 – point b (new)
(b) curtail opportunities for the sourcing, transport and trade of natural resources to fund conflict and/or fuel human rights violations or abuses,
Amendment 144 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c (new)
Article 1 – paragraph 1 – point c (new)
(c) help companies respect human rights and avoid contributing to conflict through their activities and sourcing decisions.
Amendment 145 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 153 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 158 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) 'OECD Due Diligence Guidance' means the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013)) including all Council Recommendations, Annexes and Supplements, as may be amended or replaced periodically;
Amendment 160 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(ab) 'covered resources' means all natural resources as set out in Annex I, as may be amended periodically in accordance with this Regulation;
Amendment 162 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a c (new)
Article 2 – paragraph 1 – point a c (new)
(ac) 'covered products' means all covered resources and products comprising or containing covered resources;
Amendment 164 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a d (new)
Article 2 – paragraph 1 – point a d (new)
Amendment 166 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a e (new)
Article 2 – paragraph 1 – point a e (new)
(ae) 'operator' means any natural or legal person that places any covered product on the market for the first time;
Amendment 168 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a f (new)
Article 2 – paragraph 1 – point a f (new)
(af) 'placing on the market' means the supply by any means, irrespective of the selling technique used, of products for the first time on the internal market for distribution or use in the course of commercial activity whether in return for payment or free of charge, including the supply by means of distance communication as defined in Directive 97/7/EC; 'placing on the market' also includes the supply on the internal market of products derived from covered products already placed on the internal market;
Amendment 169 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 174 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) 'mineralresources supply chain' means the system of activities, organisations, actors, technology, information, resources and services involved in moving and processing the mineralresources from the extractionsourcing site to their incorporation in the final product;
Amendment 178 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) 'supply chain due diligence' refers to the obligations of operators in relation to their management systems, risk management, third-party audits and disclosure of information with a view to identifying, addressing and publicly reporting on actual and potential risks linked to conflict-affected and high-risk areas to prevent or mitigate adverse impacts associated with their sourcing activities;
Amendment 180 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)
Article 2 – paragraph 1 – point c b (new)
(cb) 'model supply chain policy' means the model supply chain policy in Annex II of the OECD Due Diligence Guidance;
Amendment 181 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) 'chain of custody or supply chain traceability system' means a system to identify and record of the sequence of entities which have custody of minerals and metalresources as they move through athe supply chain;
Amendment 185 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) 'risk management plan' means an operator's written responses to the supply chain risks identified under Article 5 in accordance with its supply chain policy;
Amendment 189 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'conflict-affected and high-risk areas' means areas in a state of armed conflict, fragile post-conflict as well as areas witnessing weak or non-existent governance and security, such as failed states, and widespread and systematic violations of international law, including human rights abuses;dentified by the presence of armed conflict, widespread violence or other risks of harm to people and, for these purposes, it is recognized that:
Amendment 192 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – point i (new)
Article 2 – paragraph 1 – point e – point i (new)
(i) armed conflict may take a variety of forms, such as a conflict of international or non-international character, which may involve two or more states, or may consist of wars of liberation, or insurgencies, civil wars, etc.; and
Amendment 193 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – point ii (new)
Article 2 – paragraph 1 – point e – point ii (new)
(ii) high-risk areas may include areas of political instability or repression, institutional weakness, insecurity, collapse of civil infrastructure and widespread violence, both of which areas are often characterized by widespread human rights abuses and violations of national or international law;
Amendment 195 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
Amendment 198 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
Amendment 208 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 214 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 221 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
(j) 'grievance mechanism' means an early- warning risk awareness mechanism allowing any interested party or whistle- blower to voice concerns regarding the circumstances of mineral extractionresource sourcing, trade, handling and export in respect of resources originating in conflict-affected and high-risk areas;
Amendment 224 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j a (new)
Article 2 – paragraph 1 – point j a (new)
(ja) 'Annex Ia operator' refers to any operator of the type identified in Annex Ia;
Amendment 226 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j b (new)
Article 2 – paragraph 1 – point j b (new)
(jb) 'Annex Ia actor' refers to any natural or legal person of the type identified in Annex Ia;
Amendment 228 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j c (new)
Article 2 – paragraph 1 – point j c (new)
(jc) 'responsible Annex Ia actor' refers to any Annex Ia actor that complies with this Regulation or the OECD Due Diligence Guidance and has submitted audited reports as set out in Article 6 to a Member State authority in accordance with Article 7 (3) or 7 (6) (a);
Amendment 230 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j d (new)
Article 2 – paragraph 1 – point j d (new)
(jd) 'business confidentiality and other competitiveness concerns' means price information and supplier relationships without prejudice to subsequent evolving interpretation;
Amendment 232 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
Amendment 235 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
Amendment 239 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
Amendment 250 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
(q) 'Member State competent authorities' means the designated one or more authorities with auditing and investigation competences and knowledge as regards raw materials and industrial processes.
Amendment 259 #
2014/0059(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Amendment 266 #
2014/0059(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Any importer of minerals or metals within the scope of the Regulation may self-certify as responsible importer by declaring to a Member State competent authority that it adheres to the supply chain due diligence obligations set out in this Regulation. The declaration shall contain documentation in which the importer confirms its adherence to the obligIn accordance with the OECD Due Diligence Guidance, operators shall take all reasonable steps and make good faith efforts to conduct their due diligence obligations pursuant to Article 4 and 5. Each operator shall ensure that they make progressive, measurable and timely improvement in complying with its obligations. The nature and extent of specific due diligence that is appropriate depends on individual circumstances and is affected by factors such as an operator's position in the supply chain, the size of the operator, the location of the operator's activities, the situations including results of the independent third-party audits carried out a particular country, the sector and nature of the products or services involved.
Amendment 274 #
2014/0059(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 283 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Amendment 289 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) adopt and clearly communicate to suppliers and the public its supply chain policy for the minerals and metalcovered resources potentially originating from conflict- affected and high-risk areas,
Amendment 293 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) incorporate in its supply chain policy the standards against which supply chain due diligence is to be conducted consistent with the standards set forth in the model supply chain policy in Annex II to the OECD Due Diligence Guidance,
Amendment 295 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) structure its internal management systems to support supply chain due diligence, inter alia, by assigning responsibility to senior staff to oversee the supply chain due diligence process as well as maintain records for a minimum of 5 years,
Amendment 297 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) establish a system of controls and transparency over the resources supply chain, including the identification of Annex Ia actors in the supply chain, which may be implemented through participation in industry-driven programmes,
Amendment 300 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) strengthen its engagement with suppliers, inter alia, by incorporating its supply chain policy into contracts and agreements with suppliers consistent with Annex II to the OECD Due Diligence Guidancethe model supply chain policy,
Amendment 303 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) establish a company-level, or industry- wide, grievance mechanism as an early- warning risk- awareness system or provide such mechanism through collaborative arrangements with other companies or organisations, or by facilitating recourse to an external expert or body (e.g. ombudsman),
Amendment 306 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
Amendment 317 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
Amendment 320 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
In addition to the obligations set out in paragraph 1, Annex Ia type operators, shall operate a chain of custody or supply chain traceability system that provides, supported by documentation, the following information: (i) description of the resource including its trade name and type, (ii) name and address of the supplier to the Annex Ia actors, (iii) country of origin of the resource, (iv) quantities and dates of extraction, expressed in volume or weight, (v) when resources originate from conflict-affected and high-risk areas, additional information, such as extraction site; locations where resources are consolidated, traded and processed; and taxes, fees, royalties paid, in accordance with the OECD Due Diligence Guidance.
Amendment 322 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
Where an operator can reasonably conclude that covered products are derived only from recycled resources, it shall: (a) publicly disclose their determination; and (b) describe in reasonable detail the due diligence measures they exercised in making that determination.
Amendment 326 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The responsible importer of the minerals or metals within the scope of this Regulation shall: Each operator shall, in accordance with the OECD Due Diligence Guidance, identify and assess the risks in its resources supply chain in accordance with Article 4, and:
Amendment 331 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 334 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – introductory part
Article 5 – paragraph 1 – point b – introductory part
(b) implement a strategy to respond to the identified risks designed so as to prevent or mitigate adverse impacts, in accordance with the OECD Due Diligence Guidance, including by
Amendment 337 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i
Article 5 – paragraph 1 – point b – point i
(i) reporting findings of the supply chain risk assessment to its designated senior management of the operator,
Amendment 339 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – introductory part
Article 5 – paragraph 1 – point b – point ii – introductory part
(ii) devising and adopting a risk management measures consistent with Annex II and the due diligence recommendations of the OECD Due Diligence Guidanceplan, considering its ability to influence, and where necessary take steps to put pressurbuild leverage on suppliers who can most effectively prevent or mitigate the identified risk, by making it possible either to:
Amendment 342 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Each operator other than an Annex Ia operator shall identify and assess the risks in its resources supply chain in accordance with paragraph 1 by: (a) identifying, to its best efforts, the Annex Ia actors in its resources supply chain; (b) assessing, to its best efforts, the due diligence practices of those Annex Ia actors identified under paragraph 1(a) above on the basis of any available audited reports and/or, as appropriate, other relevant information;
Amendment 344 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. If a responsible importen Annex Ia operator pursues risk mitigation efforts while continuing trade or temporarily suspending trade, it shall, in accordance with the OECD Due Diligence Guidance, consult with suppliers and affected stakeholders, including local and central government authorities, international or civil society organisations and affected third parties, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 349 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. A responsible importeEach Annex Ia operator shall, in order to design conflict and high-risk sensitive strategies for mitigation in the risk management plan, relydraw on the measures and indicators under Annex III of the OECD Due Diligence Guidance and measure progressive improvement in accordance with the OECD Due Diligence Guidance.
Amendment 355 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. If an operator other than an Annex Ia operator pursues risk mitigation efforts while continuing trade or temporarily suspending trade it shall, as appropriate and in accordance with the OECD Due Diligence Guidance, consult with suppliers and affected stakeholders, including local and central government authorities, international or civil society organisations and affected third parties, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 358 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 365 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
Amendment 369 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) include in the audit scope all of the responsible importeoperator's activities, processes and systems used to implement supply chain due diligence regarding minerals or metals within the scope of the Regulation, including the responsible importecovered resources, including the operator's management system, risk management, and disclosure of information,
Amendment 374 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) determine as the objective of the audit the conformity of the responsible importeoperator's supply chain due diligence practices with Articles 4, 5 and 7 of this Regulation,
Amendment 379 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) respect the audit principles of independence, competence and accountability and any applicable audit scope, criteria and activities, as set out in the OECD Due Diligence Guidance.
Amendment 381 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
All operators may cooperate through their industry organizations to ensure that the independent third-party audit is carried out in accordance with paragraph 2.
Amendment 389 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. By 31 March of each year at the latest, the responsible importer of minerals or metals within the scope of this Regulationall operators shall submit to the Member State competent authority the following documentation covering the previous year's calendar period:
Amendment 395 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 399 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. By 31 March of each year at the latest, the responsible importer of minerals wioperators other thian the scope of this RegulationAnnex Ia operators shall also submit to the Member State competent authority the documentation covering the previous year's calendar period as regards the proportion of minerals originating from conflict-affected and high-risk areas relative to the total amount of minerals purchased, as confirmed by independent third-party audits in accordance with Article 6 of this Regulation.management reports containing the following documentation covering the previous year's calendar period:
Amendment 402 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a (new)
Article 7 – paragraph 2 – point a (new)
(a) the operator's supply chain due diligence policy, including the operator's management structure responsible for its due diligence and the person directly responsible;
Amendment 403 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b (new)
Article 7 – paragraph 2 – point b (new)
(b) the operator's system of control and transparency over the resources supply chain, including the steps taken to identify upstream actors in the supply chain and to assess their due diligence practices;
Amendment 404 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c (new)
Article 7 – paragraph 2 – point c (new)
(c) name and address of each of the Annex Ia actors in its supply chain, as identified by the operator in accordance with Article 4 and 5;
Amendment 405 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d (new)
Article 7 – paragraph 2 – point d (new)
(d) independent third-party audits regarding each of the Annex Ia actors in its supply chain carried out in accordance with the scope, objective and principles set out in Article 6 of the Regulation, as identified by the operator in accordance with Article 4 and 5;
Amendment 406 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e (new)
Article 7 – paragraph 2 – point e (new)
(e) potential or actual risks identified by the operator and action taken by the operator to manage risks during the reporting period in accordance with Article 5;
Amendment 407 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point f (new)
Article 7 – paragraph 2 – point f (new)
(f) action taken by the operator to strengthen its due diligence efforts during the reporting period.
Amendment 415 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. By 31 March of each year at the latest, the responsible importer of metals within the scope of this RegulationAnnex Ia type operators shall also submit to the Member State competent authority the following documentation covering the previous year's calendar period:
Amendment 420 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point a
Article 7 – paragraph 3 – point a
Amendment 424 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) independent third-party audits regarding each of the responsible smelters or refiners in its supply chain carried out in accordance with the scope, objective and principles set out in Article 6 of theis Regulation,; and
Amendment 429 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
(c) information on the proportion of mineralcovered resources originating from conflict-affected and high-risk areas relative to the total amount of minerals purchased by each of those smelters or refinerscovered resources purchased, as confirmed by the independent third-party audits in accordance with Article 6 of this Regulation.
Amendment 432 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The responsible importer of minerals or metals within the scope of this RegulationOperators shall make available to itstheir immediate downstream purchasers all information gained and maintained pursuant to its supply chain due diligence with due regard to business confidentiality and other competitive concerns, in accordance with the OECD Due Diligence Guidance.
Amendment 437 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The responsible importer of minerals or metalsOperators shall publicly disclose in accordance within the scope of this Regulation shall publicly reportOECD Due Diligence Guidance and as widely as possible, including on the internet and on an annual basis on its supply chain due diligence policies and practices for responsible sourcing. The report shall contain the steps taken by the responsible importeoperator to implement the obligations as regards its management system, risk management set out in Article 4 and 5 respectively, as well as a summary report of the third-party audits, including the name of the auditorny independent third-party audits of responsible Annex Ia actors in the operators' supply chain, with due regard to business confidentiality and other competitive concerns.
Amendment 442 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Responsible Annex Ia actors outside the territory of the European Union may, for the purpose of being included in a Member State competent authority's reports under Article 15(1) and the list referred to in Article 8, submit to that authority: (a) documentation in accordance with paragraphs 1 and 3 above; and (b) a written declaration of conformity with the OECD Due Diligence Guidance, also containing its name, address, full contact details and a description of its commercial activities.
Amendment 448 #
2014/0059(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
List of responsible smelters and refineAnnex Ia actors
Amendment 452 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. On the basis of the information provided by the Member States in their reports as referred to in Article 15, the Commission shall adopt and make publicly available a decision listing the names and addresses of responsible smelters and refiners of minerals within the scope of this RegulationAnnex Ia actors.
Amendment 456 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall identify on the list referred to in paragraph 1 those responsible smelters and refineAnnex Ia actors that source – at least partially – from conflict- affected and high-risk areas.
Amendment 460 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall adopt the list in accordance with the template in Annex II and the regulatory procedure referred to in Article 13(2). The OECD Secretariat shall be consulted.
Amendment 462 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission shall update the information included in the list in a timely manner but no later than every six months. The Commission shall remove from the list the names of the smelters and refineAnnex Ia actors that are no longer recognised as responsible importeAnnex Ia actors by Member States in accordance with Article 14(3), or the names of the smelters and refiners in the supply chain of the no longer recognised responsible importers.
Amendment 471 #
2014/0059(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall make a decision to publish, including on the internet, a list of competent authorities in accordance with the template in Annex III and the regulatory procedure referred to in paragraph 2 of Article 13. The Commission shall update the list regularly.
Amendment 473 #
2014/0059(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Ex-post checks on responsible importeoperators
Amendment 477 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The competent authorities of the Member States shall carry out appropriate ex-post checks in order to ensure whether self-certified responsible importers of minerals and metals within scope of this Regulationthat operators comply with the obligations set out in Articles 4, 5, 6 and 7.
Amendment 484 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The checks referred to in paragraph 1 shall be conducted by taking a risk-based approach. In addition, checks may be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning the compliance by a responsible importen operator with this Regulation.
Amendment 489 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) examination of the responsible importeoperator's implementation of supply chain due diligence obligations including the management system, risk management, independent third-party audit and disclosure,
Amendment 495 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point c a (new)
Article 10 – paragraph 3 – point c a (new)
(ca) examination of the reporting requirements in accordance with the scope, objective and principles set out in Article 7,
Amendment 498 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Responsible importeOperators shall offer all assistance necessary to facilitate the performance of the checks referred to in paragraph 1, notably as regards access to premises and the presentation of documentation and records.
Amendment 503 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. The competent authorities of the Member States shall publish a report detailing the full findings of any ex-post checks, together with a reasonable explanation for making those findings and any documentation on which the competent authority based its findings.
Amendment 506 #
2014/0059(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Records of checks on responsible importeoperators
Amendment 515 #
2014/0059(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Lists of resources and choke points 1. The Commission shall regularly review developments with regard to the contribution of global trade in natural resources to conflict and human rights abuses and violations in conflict-affected and high-risk areas, the development of international responsible sourcing standards and the experience gained in the implementation of this Regulation. In the course of the review, the Commission shall take into account, in particular, the information obtained by the Commission under and for the purposes of Article 15 and information provided by international or civil society organisations and affected third parties. 2. The Commission shall regularly review the scope of Annex I and Ia, in the light of the information obtained pursuant to paragraph 1 so as to achieve effectively the purpose of this Regulation, as stated in Article 1. Annex I shall be reviewed with a view to expanding the list of covered resources. Annex Ia shall be reviewed with a view to identifying additional choke points of transformation and traceability in covered resources supply chains with a view to strengthening supply chain due diligence with regard to all Annex I resources. Such a review shall take place not less than every 6 months. 3. The Commission shall be empowered to adopt delegated acts in order to amend Annex I and Ia in accordance with the procedure referred to in Article 13.
Amendment 517 #
2014/0059(COD)
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 520 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
Amendment 522 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The power to adopt delegated acts referred to in relevant Articles shall be conferred to the Commission for a period of 5 years’ time from (Date of entry into force of the basic legislative act or any other date set by the legislator).
Amendment 525 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
1b. The delegation of powers referred to in relevant Articles may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 527 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 1 c (new)
Article 13 – paragraph 1 c (new)
1c. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
Amendment 529 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 1 d (new)
Article 13 – paragraph 1 d (new)
Amendment 532 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 542 #
2014/0059(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
Rules applicable to infringement and penalties
Amendment 544 #
2014/0059(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take the measures necessary to ensure that they are implemented and enforced. The penalties provided for must be effective, proportionate and dissuasive.
Amendment 546 #
2014/0059(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. In case of an infringement of the provisions of this Regulation, the competent authorities of Member States shall issue a notice of remedial action to be taken by the responsible importeoperator.
Amendment 551 #
2014/0059(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In case of inadequate remedial action by the responsible importeoperator, the competent authority shall issue to the importeoperator a notice of non-recognition of its responsible importer certificate as regards the minerals or metals within the scope of this Regulation compliance and inform the Commission.
Amendment 556 #
2014/0059(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall submit to the Commission by 30 June of each year at the latest, a report on the implementation of this Regulation during the previous calendar year, including any information on responsible importeAnnex Ia actors, as set out in Article 7(1) (a), 7.2(3) (b)-(c) and 7.3 (a6) and(a) (ca).
Amendment 559 #
2014/0059(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Three years after the entry into force of this Regulation and every six years thereafter, the Commission shall review the functioning and effectiveness of this Regulation, including on the promotion and cost of responsible sourcing of the mineralresources within its scope from conflict- affected and high-risk areas. The Commission shall submit a review report to the European Parliament and to the Council.
Amendment 564 #
2014/0059(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 570 #
2014/0059(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 571 #
2014/0059(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Annex I a List of choke points identified in the supply chains of covered resources -‘smelters’ -‘refiners’
Amendment 572 #
2014/0059(COD)
Proposal for a regulation
Annex II – Title
Annex II – Title
List of responsible smelters and refiners’ template referred to in Article 8Annex Ia actors
Amendment 573 #
2014/0059(COD)
Proposal for a regulation
Annex II
Annex II
Column A: Name of smelters or refinersAnnex Ia actor in alphabetical order Column B: Address of the smelter or refineAnnex Ia actor Column C: Annex Ia category of the actor Column CD: (*) indicator, if the smelter or refiner sources mineralAnnex Ia actor engages in responsible sourcing of resources originating from conflict- affected and high -risk areas
Amendment 23 #
2014/0005(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) A targeted end-use clause should be introduced in order for Member States to suspend or halt the transfer of security- related items not listed in Annexes II and III that clearly have no practical use other than for the purposes of capital punishment, torture or other cruel, degrading or inhuman treatment or punishment, or where there are reasonable grounds to believe that the transfer of those items would lead to the facilitation or the commission of capital punishment, torture or other cruel, degrading or inhuman treatment or punishment. Powers granted under the targeted end-use clause should not extend to medical products that could be used for the purpose of capital punishment,
Amendment 26 #
2014/0005(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Regulation (EC) No 1236/2005
Article 2 – point f
Article 2 – point f
(f) ‘aa) Point (f) is replaced by the following: '(f) 'technical assistance’' means any technical support related to repairs, development, manufacture, testing, maintenance, assembly, use or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services. Technical assistance includes verbal forms of assistance and assistance provided by electronic means;'
Amendment 30 #
2014/0005(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1236/2005
Article 2 – point m
Article 2 – point m
(m) ”supplier of technical assistance' means any natural or legal person or partnership resident or established in a Member State of the Union that supplies technical assistance defined under point (f) from the Union into the territory of a third country;
Amendment 32 #
2014/0005(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EC) No 1236/2005
Article 4b (new)
Article 4b (new)
Amendment 37 #
2014/0005(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
(5a) The following article is inserted: Article 6a Transit authorisation requirement 1. An authorisation shall be required for the transit of goods listed in Annex III or Annex IIIa if an economic operator has been informed by the competent authorities of the Member State where the transit occurs that the items in question are or may be intended, in their entirety or in part, for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. 2. If an economic operator is aware that the goods in transit listed in Annex III or Annex IIIa are intended, in their entirety or in part, for the purpose of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, it shall notify the competent authorities, which shall decide whether or not it is expedient to make the transit concerned subject to authorisation. 3. A Member State which imposes an authorisation requirement, in application of paragraphs 1 and 2, on the transit of an item not listed in Annex III or Annex IIIa, shall immediately inform other Member States and the Commission.
Amendment 38 #
2014/0005(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1236/2005
Article 7a – paragraph 1
Article 7a – paragraph 1
1. A broker shall be prohibited from providing to any person, entity or body in a third country brokering services in relation to goods listed in Annex III and Annex IIIa, irrespective of the origin of such goods, if the broker knows or has grounds for suspecting that any part of a shipment of such goods is or may be intended to be used for torture or other cruel, inhuman or degrading treatment or punishment in a country that does not belong to the customs territory of the Union.
Amendment 39 #
2014/0005(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
regulation (EC) No 1236/2005
Article 7a – paragraph 2
Article 7a – paragraph 2
2. A supplier of technical assistance shall be prohibited from supplying to any person, entity or body in a third country technical assistance in relation to goods listed in Annex III and Annex IIIa, irrespective of the origin of such goods, if the supplier of such assistance knows or has grounds for suspecting that some or all of the relevant goods are or may be intended to be used for torture or other cruel, inhuman or degrading treatment or punishment in a country that does not belong to the customs territory of the Union. A supplier of technical assistance shall also be prohibited from giving instruction, advice, training or transmitting working knowledge or skills that could aid the commission of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.
Amendment 41 #
2014/0005(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 1236/2005
Article 7aa (new)
Article 7aa (new)
(6a) After Article 7a, the following Article is inserted: Article 7aa Targeted end-use clause 1. A Member State shall prohibit or suspend the transfer of a security-related item not listed in Annexes II and III that clearly has no practical use other than for the purpose of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, or when there are reasonable grounds to believe that the transfer of this item would lead to the facilitation of the commission of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment; 2. Member States shall notify the Commission of any measures adopted pursuant to paragraph 1 immediately after their adoption and shall indicate the precise reason for adopting such measures. 3. Member States shall also immediately notify the Commission of any modifications made to measures adopted pursuant to paragraph 1. 4. The Commission shall publish the measures notified to it pursuant to paragraphs 2 and 3 in the C series of the Official Journal of the European Union. 5. The Commission shall determine whether such goods should be added to the relevant Annex in order for their transfer to be prohibited or made subject to authorisation. 6. Powers granted under the targeted end- use clause should not extend to medical products that could be used for the purpose of the capital punishment.
Amendment 46 #
2014/0005(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1236/2005
Article 8 – paragraph 6
Article 8 – paragraph 6
6. By way of derogation from paragraph 5, where medicinal products are to be exported by a manufacturer to a distributor, the manufacturer shall provide information on the arrangements made and the measures taken to prevent these products from being used for capital punishment, on the country of destination and, if it is available, information on the end-use and the end-users of the goods. This information shall be accessible, upon request, to a relevant independent oversight body such as National Preventive Mechanism established under the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, or a national human rights institution in a Member State.
Amendment 49 #
2014/0005(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Regulation (EC) No 1236/2005
Article 13 – paragraph 1
Article 13 – paragraph 1
(12a) In Article 13, the paragraph 1 is replaced by the following: 1. Without prejudice to Article 11, the Commission and theeach Member States shall, upon request, inform each other of the inform the Commission of measures taken under this Regulation and supply each other with any relevant information at their disposal in connection with this Regulation, in particular information on authorisations granted and refused, as well as in relation to measures taken under the targeted end-use clause. The Commission shall forward the information to other Member States.
Amendment 50 #
2014/0005(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 b (new)
Article 1 – paragraph 1 – point 12 b (new)
Regulation (EC) No 1236/2005
Article 13 – paragraph 3a (new)
Article 13 – paragraph 3a (new)
(12b) In Article 13, the following paragraph is inserted: 3a. The Commission shall make annual report compiled of annual activity reports referred to in paragraph 3. The report shall be made publicly available.
Amendment 51 #
2014/0005(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 1236/2005
Article 15
Article 15
(14) Article 15 is deletedCoordination Group 1. A Coordination Group chaired by a representative of the Commission shall be established, to which each Member State shall appoint a representative. The Coordination Group shall examine any question concerning the application of this Regulation which may be raised either by the chair or by a representative of a Member State. 2. The Coordination Group shall in cooperation with the Commission take appropriate measures to establish direct cooperation and exchange of information between competent authorities, in particular to eliminate the risk of possible disparities in the application of export controls to goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment and which may lead to a deflection of trade. 3. The Chair of the Coordination Group shall, whenever he/she considers it to be necessary, consult exporters, brokers and other relevant stakeholders affected by this Regulation, including civil society representatives. 4. The Coordination Group may receive information and proposals related to the effectiveness of the Regulation from all sides of civil society with relevant expertise.
Amendment 53 #
2014/0005(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Regulation (EC) No 1236/2005
Article 16
Article 16
(15a) Article 16 is inserted: Review of the implementation 1. Every three years the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation, accompanied, if necessary, by appropriate legislative proposals. Member States shall provide all appropriate information to the Commission for the preparation of the report. 2. The review from paragraph 1 shall include information on national licensing decisions by Member States, reporting to the Commission by Member States, notification and consultation mechanisms among Member States, promulgation and enforcement. The review procedure should analyse the operation of the penalty regimes introduced by Member States, and assess whether such regimes are effective, proportionate and dissuasive. 3. A dedicated section of this report shall also provide an overview of the activities, examinations and consultations of the Coordination Group, which shall be subject to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council . ______________ Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001., p. 43)
Amendment 54 #
2014/0005(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 b (new)
Article 1 – paragraph 1 – point 15 b (new)
Regulation (EC) No 1236/2005
Annex II – point 2.2a (new)
Annex II – point 2.2a (new)
(15b) Paragraph 2.2.a shall be inserted to Annex II: - direct contact electric shock batons, stun guns and stun shields intended for law enforcement purposes; - prisoner hoods intended for law enforcement purposes - prisoner control pliers
Amendment 56 #
2014/0005(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 c (new)
Article 1 – paragraph 1 – point 15 c (new)
Regulation (EC) No 1236/2005
Annex III
Annex III
(15 c) The following items shall be added to Annex III: - chairs, boards and beds fitted with straps - acoustic devices for the purpose of crowd/riot control - millimetre wave weapons
Amendment 1 #
2013/2989(RSP)
Recital A
A. whereas the rule-based multilateral trading system, established through the World Trade Organisation (WTO), is the most suitable framework for regulating and promoting open and fair trade, and; whereas multilateral negotiations do not preclude bilateral WTO+ agreements, which can be complementary to themde facto since 2007 the EU has been undermining the goal of a multilateral rules-based approach to trade by embarking on complementary approaches such as bilateral, regional and plurilateral agreements;
Amendment 2 #
2013/2989(RSP)
Recital B
B. whereas the negotiating directives of the European Commission (hereafter the Commission) for the EU-Vietnam FTA are attached to the Council's authorisation of 23 April 2007 to enter into negotiations for a Free Trade Agreement with countries of the Association of Southeast Asian Nations (ASEAN) and follow on the endorsement by the Council of the scoping paper which outlines the common objectives of both negotiating Parties, namely to intensify existing bilateral trade relations; recalls however that the initial objective was to negotiate an FTA with the ASEAN region; recalls that such regional negotiations failed also because the approach of pursuing fully- comprehensive agreements was not suitable for countries with very different levels of development;
Amendment 3 #
2013/2989(RSP)
Recital D a (new)
Da. whereas the EU and Vietnam have a well-developed bilateral Human Rights Dialogue; whereas, however, this has not helped prevent a recent deterioration of human rights' protection in Vietnam; whereas human rights should be treated as an essential element of EU's trade policy; whereas the EU is committed, in the framework of the EU strategic Framework and Action Plan on human rights and Democracy, to carrying out Human Rights Impact Assessments for all FTAs and investment agreements;
Amendment 4 #
2013/2989(RSP)
Recital E a (new)
Ea. whereas the FTA could help Vietnam diversify its economy and move up the value chain; whereas however there are no independent trade unions in Vietnam and workers' demonstrations are still heavily sanctioned, while forced resettlement of population is a frequent practice; whereas trade and investment liberalisation therefore runs the risk of exacerbating fundamental human right violations and the vulnerabilities of some categories of people, such as ethnic and religious minorities;
Amendment 9 #
2013/2989(RSP)
Recital H
H. whereas both negotiating Parties expect to secure significant benefits from the elimination of both tariffs and non-tariff barriers to trade (NTBs), and whereas both Parties should aim at achieving a good outcome as regards the liberalisation of trade in services and of establishment, suitable and effective protection, implementation and enforcement of intellectual property rights, including patents and designs, trade or service marks, copyright and similar rights, geographical indications including marks of origin for agricultural and foodstuff products such as wines and spiritsand develop a system for the protection of intellectual property rights proportionate to the level of development of the country;
Amendment 10 #
2013/2989(RSP)
Recital I
I. whereas both negotiating Parties should join forces to ensure and promote legal trade in medicines (both princeps and generics) in compliance with the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights and its flexibilities;
Amendment 11 #
2013/2989(RSP)
Recital J
J. whereas both negotiating parties should continue complying with existing WTO rules and their respective commitments in order to avoid recourse to the WTO dispute settlement mechanism and trade defence instruments, and should agree on an effective bilateral safeguard clause or equivalent mechanism to adequately protect their respective vulnerable industries against injury or threat of injury as a result of a surge in imports, especially in their respective sensitive sectors, which an adequate impact assessment, which also includes impact on human rights, would help identify;
Amendment 19 #
2013/2989(RSP)
Paragraph 3
3. Appreciates the positive prospects highlighted in the scoping paper which shows that the FTA would increase overall exports and imports for both the EU and Vietnam and provide opportunities for further FDI flows; calls therefore for substantial tariffs elimination on the side of Vietnam as regards both average tariff for Non- Agricultural Market Access and the agricultural ones; recalls however that such scoping exercise was carried out in 2007 in view of the launch of negotiations with the ASEAN region and, besides being by now outdated, impacts assessed then may not duly reflect the specific situation of Vietnam; recalls furthermore that the impact of this FTA on regional integration, which remains the ultimate goal, is still to be duly assessed;
Amendment 21 #
2013/2989(RSP)
Paragraph 4
4. Stresses however that the objective for industrial trade should be reciprocal full duty elimination, with a certain degree of asymmetry based however on full asymmetry in principle Vietnam being a developing country, and with suitable transition periods in timingplementation, and that any possible exception to this objective should be limited and subject to review and should possibly not exclude sectors that are of importance to either side, such as textile and clothingwith the exception of sensitive sectors;
Amendment 23 #
2013/2989(RSP)
Paragraph 5
5. Urges both negotiating Parties to respect each other’s right to regulate, including on the provision of public services, and to ensure that their respective regulations do not hamper bilateral trade with unjustified NTBs; calls therefore on both the EU and Vietnam to develop effective mediation disciplines to prevent the emergence of unnecessaryjustified regulatory obstacles to trade and to tackle existing obstacles by fostering harmonisation or compliance with international standards;
Amendment 27 #
2013/2989(RSP)
Paragraph 6
6. Recognises that Vietnam has offensive interests in the liberalisation of Mode 4 in the General Agreement on Trade in Services and the conclusion of Mutual Recognition Agreements recognising the professional qualifications of nationals of Vietnam and of the EU, and that the EU has offensive interests in the liberalisation of market access and national treatment under Mode 1, 2 and 3 in most services; is of the view that addressing EU's offensive interests is an imperative to permit under Mode 4, temporary stays of necessary skilled professionals, and facilitate distinguishing such stays from national policies on foreign workers in each Party's labour markets;
Amendment 28 #
2013/2989(RSP)
Paragraph 7
7. Calls on the EU and Vietnam to agree in the FTA on a fair and equitable treatment (FET) of all investors and services providers in the banking, insurance, legal, accounting, transport ; recalls that defining FET is a very controversial issue and that there are steps back being taken from the practice of over-relying on investors' legitimate expectations; stresses that the international obligations of a country, such as in the area of environmental protection, public health or humand retail sector servicesights protection, as well as the right of a country to regulate for public purposes, should not be considered in breach of FET; recalls that as regards financial services, it is also essential to ensure adequate supervision thereof to reduce systemic risk and provide the highest possible level of consumer protection as well as to enforce fair competition rules and practices between domestic and foreign investors and services providers, amongs; recommends that other, by reducing, if not fully eliminating existing equity caps and abolishing restrictions on establishment and licence acquisition Commission negotiates strong and binding provisions on transparency and fair competition so that a level-playing field also applies to state-owned enterprises;
Amendment 32 #
2013/2989(RSP)
Paragraph 8
8. Strongly encourages Vietnam to develop appropriate data protection legislation to achieve the status of a country with an adequate level of protection, yet without creating obstacles to the use of the flexibilities of the Agreement on Trade- Related Aspects of Intellectual Property Rights, thereby allowing or enabling the transfer of personal data from the EU on the basis of and in compliance with EU legislation, thus boosting bilateral data flow and trade in related services such as e- commerce;
Amendment 34 #
2013/2989(RSP)
Paragraph 9
9. Calls on the Commission and the Vietnamese authorities to negotiate effective and transparent procurement systems to ensure fair competition when awarding public contracts to private or state-owned enterprises (SOEs), and to ensure the broadest possible coverage, including public sector undertakingswhile respecting Vietnam's sensitivities, including public sector undertakings; stresses however that public procurement is a fundamental tool for economic development for developing countries (DCs) and that practically no DCs have accessed the Government Procurement Agreement (GPA); recalls, however, that the GPA gives DCs the possibility to apply offsets and exceptions from the principle of national treatment;
Amendment 40 #
2013/2989(RSP)
Paragraph 11
11. Considers that the FTA should respect sensitivities linked to trade in agricultural and fisheries products, but that this should not prevent market opening in areas of complementarity, and underlines that new market access shall be subject to a thorough enforcement of intellectual property protection and sanitary and phytosanitary measures (SPS) and adequate protection of GIs;
Amendment 48 #
2013/2989(RSP)
Paragraph 12
12. Asks for a transparent and effective state-to-state dispute settlement and where applicable provisions on investor-to-state dispute resolution to be included in the FTA to ensure due investment protection and deter investors from filling frivolous claims;
Amendment 51 #
2013/2989(RSP)
Paragraph 12 a (new)
12a. Requests to include an 'international obligation clause' in the agreement, which provides that obligations regarding the protection of investment must be read subject to all parties' obligations under international treaties and customary international law, in particular concerning human rights, labour rights and the protection of the environment; requests therefore that an investment agreement should not curtail progress in ratifying and fully implementing international human rights, ILO Conventions and multilateral environmental agreements by both Parties;
Amendment 54 #
2013/2989(RSP)
Paragraph 13
13. Expects the FTA to include a binding and enforceable sustainable development chapter reflecting EU and Vietnam's common commitment to promote respect foring, complianceying with, and enforcement of,ing international human rights, the eight ILO's core conventions and key multilateral environmental agreements (MEAs), with measures in the event of infringement, providing for the involvement of including CITES, to be accompanied by the involvement of civil society, grouping economic, social, and environmental stakeholders, and also to encourage enterprises to uptake CSR practices, and to address outstanding issues such as the welfare of both farm and wild animals; asks that such sustainable development chapter be covered by the main dispute settlement mechanism of the FTA;
Amendment 55 #
2013/2989(RSP)
Paragraph 14
14. CommendNotes the socioeconomic progress made by Vietnam as part of its Doi Moi reform, and supports its continued efforts for further societal improvements; salutes thereforedeplores however the disruptive effects that Doi Moi has had on access of poor people to basic social services such as health and education; salutes Vietnam's candidature endorsed by ASEAN to the United Nations Human Rights Council for the term 2014- 2016 and its Government's decision of 27 August 2013 to submit an aide-memoire containing voluntary pledges and commitments to contribute to the promotion and protection of human rights, thus fostering sustainable development on its territory and in relation to its partners; urges however the Vietnamese government to consistently follow up on such pledges and commitments and to correct the recent human rights violations and deteriorations of fundamental freedoms;
Amendment 57 #
2013/2989(RSP)
Paragraph 14 a (new)
14a. Calls on the Commission to apply an approach based on conditionality so as to offer the signature of the FTA in exchange of concrete progress on human rights and other fundamental rights;
Amendment 58 #
2013/2989(RSP)
Paragraph 15 a (new)
15a. Considers that the Trade Sustainability Impact Assessment carried out in view of the EU-ASEAN FTA negotiations is outdated; reminds that the Commission has taken commitments in the framework of EU strategic Framework and Action Plan on human rights and Democracy; urges the Commission to carry out as soon as possible a Human Rights Impact Assessment as requested by the European Parliament in its Resolution on Human Rights and Social and Environmental Standards in International Trade Agreements of 25 November 2010 (2009/2216/INI) to provide for "comprehensible trade indicators based on human rights and on environmental and social standards" and also in line with the guidance prepared by the UN rapporteurs on the right to food which calls for the use of Human Rights Impact Assessment ("Guiding Principles on Human rights Impact Assessment of Trade and Investment Agreements");
Amendment 37 #
2013/2945(RSP)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
– having regard to the conclusions of the report of 26 November 2013 by the Council of Europe Commissioner for Human Rights, which highlighted the inappropriate conduct of law enforcement officials during the Gezi protests,
Amendment 38 #
2013/2945(RSP)
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
– having regard to the fact that as a result of the Gezi protests and the excessive use of police force, six people were killed, including one police officer, and 8 041 were injured, and that at least 3 500 people were held in pre-trial detention, 112 of whom have remained in prison on the order of a judge, including members of the NGOs taking part in the Taksim Solidarity Platform, and that 108 of these people have been detained on charges of belonging to a terrorist organisation,
Amendment 39 #
2013/2945(RSP)
Motion for a resolution
Citation 17 c (new)
Citation 17 c (new)
– having regard to the speeches given on 16 November 2013 in Diyarbakır by Prime Minister Erdoğan and the President of the Iraqi Kurdistan region, Massoud Barzani, calling for a peaceful settlement of the Kurdish conflict,
Amendment 40 #
2013/2945(RSP)
Motion for a resolution
Citation 17 d (new)
Citation 17 d (new)
– having regard to the fact that, according to the UNHCR, in December 2013 Turkey was sheltering more than 560 000 refugees from Syria,
Amendment 61 #
2013/2945(RSP)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the transformative power of negotiations between the Union and Turkey, which have provided Turkey with a clear reference for its reform process; stresses therefore the importance of credible accession negotiations based on a mutual commitment by Turkey and the Union to effective reforms furthering the democratic foundations of Turkish society, promoting fundamental values and producing positive change in the institutions, in legislation and, in the mentality of society; welcomes, therefore the opening of Chapter 22;
Amendment 71 #
2013/2945(RSP)
Motion for a resolution
Paragraph 3
Paragraph 3
3. StressNotes the simportance of achieving a common understanding between Turkey and the EU on the relevance for both the EU and Turkeyultaneous signing of the readmission agreement and of the roadmap leading to visa liberalisation; recalls that Turkey is one of the key transit countries for irregular migration to the EU and therefore calls on Turkey to sign and implement the readmission agreement without further delay; calls on the Commission in parallel to take steps towards visa liberalisation and stresses the clear benefits of facilitating access to the EU for business people, academics, students and representatives of civil society; calls for the implementation of this readmission agreement to be subject to democratic oversight in order to guarantee that the rights of the persons concerned are fully respected; calls on Turkey and the European Union to comply in full with their international and European human rights obligations, in particular as regards the principle of non- refoulement and access to the asylum procedure; calls on Turkey to put in place an effective asylum system in accordance with international standards;
Amendment 94 #
2013/2945(RSP)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points to the crucial role of a system of checks and balances for any modern democratic State and the fundamental role that the Turkish Grand National Assembly must play at the centre of Turkey’s political system in providing a framework for dialogue and consensus-building across the political spectrum; expresses concern about political polarisation and the lack of readiness on the part of government and opposition to work towards consensus on key reforms; urges all political actors, the government and the opposition to work together to enhance a pluralistic vision in State institutions and to promote the modernisation and democratisation of the State and society; calls on the political majority to actively involve the minorivarious political forces and civil society in the deliberation process on relevant reforms and take into consideration, whenever possible, their interests and views in an inclusive manner;
Amendment 98 #
2013/2945(RSP)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Government to guarantee the functioning of the Court of Accounts in accordance with international standards; calls on the Government to provide the institutions concerned, including the Turkish Grand National Assembly, and the public with complete access to the reports of the Court of Accounts, including the reports concerning the security forces;
Amendment 108 #
2013/2945(RSP)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Commends the Conciliation Committee for reaching consensus on 60 constitutional amendments and calls on its Members to continue their, but regrets the interruption of its work on a new Constitution for Turkey as this is essential for the reform process in Turkey; stresses the importance of achieving consensus in the framework of the constitutional reform process on an effective system of separation of powers and an inclusive definition of citizenship; underlines that Turkey, as a Member State of the Council of Europe, could benefit from active dialogue with the Venice Commission on the constitutional reform process; stresses that the rules governing the election and composition of the High Council of Judges and Prosecutors should be fully in line with the criteria of the Venice Commission; points out that these rules are a constitutional matter and that any reform of them should be adopted in a calm atmosphere and with the broadest possible consensus;
Amendment 114 #
2013/2945(RSP)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned by the Government’s reaction to the corruption scandals in December 2013, and stresses that the authorities must ensure the independence of the judiciary in all circumstances, in line with European standards; stresses the need to establish a judicial police force working under the authority of a judge;
Amendment 132 #
2013/2945(RSP)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the view that the protests in Gezi Park testify both to the existence in Turkey of a vibrant civil society and also the need for further vital reforms on the promotion of fundamental values; highlights the importance of including civil society more structurally in the decision making process; deeply regrets the loss of life amongst the protesters and the police forces, the excessive use of force by the police and the violent acts by a number of protesters; welcomes the on-going administrative investigations launched by the Ministry of Interior and the inquiries by the Ombudsman into complaints related to the events in Gezi Park and expects them to fully address the concerns without delay; calls on Turkey to adopt adequate internal review procedures and to establish an independent supervisory body for police offences; is of the opinion that the Gezi Park events underline the need for far-reaching reforms in order to ensure respect for freedom of assemblyfact that since Gezi work on other major projects has continued without consultation and despite the opposition of a large section of the population concerned, including the construction of a road on the campus of the Middle East Technical University in Ankara and the third bridge over the Bosphorus;
Amendment 143 #
2013/2945(RSP)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Deeply regrets the loss of life amongst the protesters and the police forces, the excessive use of force by the police and the violent acts by a number of protesters; welcomes the administrative investigations launched by the Ministry of the Interior and the inquiries by the Ombudsman into complaints relating to the events in Gezi Park, and expects them to fully address the concerns without delay; welcomes the Ombudsman’s proposed changes to the way in which force is used by the police; calls on Turkey to adopt adequate internal review procedures and to establish an independent supervisory body for police offences; deplores the fact that the judicial response to the death of protestors has been unsatisfactory, either because the police officers implicated were not prosecuted (in the case of the death of Abdullah Cömert), or because the trial has been marked by irregularities (in the case of the death of Ethem Sarısülük); is concerned by the action taken against health professionals, lawyers, academics, students and professional associations in connection with their non-violent actions during the Gezi events; welcomes the reform of the right to demonstrate proposed in the ‘democratisation package’; believes, however, that the Gezi Park events underline the need for far- reaching reforms in order to ensure respect for the freedom of assembly;
Amendment 150 #
2013/2945(RSP)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Expresses concerns at the very limited coverage of the Gezi Park events by Turkish media and the dismissal of journalists who criticised the Government’s reactions to such events, particularly in the cases of Can Dündar of Milliyet and Yavuz Baydar of Sabah; expresses concern at the dismissal of journalists who have criticised the Government in other circumstances, particularly in the cases of Hasan Cemal of Milliyet and Nazlı Ilıcak of Sabah; recalls that freedom of expression and media pluralism are at the heart of European values and that an independent press is crucial to a democratic society; reiterates once again its concern at the fact that most media are owned by and concentrated in, large conglomerates with a wide range of business interests and points out to the worrying widespread phenomenon of self-censorship by media owners and journalists; expresses concern at the particularly high number of journalists currently in pre-trial detention and calls on Turkey’s judicial authorities to review and address these cases as soon as possible;
Amendment 159 #
2013/2945(RSP)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights the special role of public- service media in strengthening democracy, in particular by serving information needs of citizens and enabling their participation in decision making processes. In this respect, calls on the authorities to ensure their independence and sustainability in compliance with European standards;
Amendment 167 #
2013/2945(RSP)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes the concerns in Turkish society about the excessively wide scope and the shortcomings of the proceedings in the Ergenekon case, which, like in the Sledgehammer case and the conviction of Füsun Erdoğan, undermined the acceptance of the ruling; expresses concern at the judicial harassment to which Pınar Selek has been subjected for 16 years; stresses, once again, in light of the above, that the KCK case must demonstrate the strength and the proper, independent, impartial and transparent functioning of Turkey’s democratic institutions and judiciary, as well as the firm, unconditional commitment to respect for fundamental rights;
Amendment 172 #
2013/2945(RSP)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the implementation of the third judicial reform package has led to the release of a significant number of detainees and welcomes the fourth judicial reform package as another important step towards a judiciary in Turkey in line with EU standards and values; welcomes the work of Justice Minister Sadullah Ergin on the ambitious reforms which he has introduced; notes, in particular, (i) the new, important distinction between freedom of expression and incitement to violence or to committing acts of terrorism, (ii) the limitation of the offence of praising a crime or a criminal to instances where there is a clear and imminent danger to public order and (iii) the narrowing down of the scope of the offence of committing a crime in the name of an organisation, without being a member of it, to armed organisations only;
Amendment 179 #
2013/2945(RSP)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Welcomes the release of the arrested MPs following the Constitutional Court decision, given that the duration of their pre-trial detention was a violation of their fundamental rights;
Amendment 197 #
2013/2945(RSP)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Commends the decision by the Assembly of Foundations to return the lands of the historic Mor Gabriel Monastery to the Syriac community in Turkey, in compliance with the pledge taken by the Government in the Democratisation package; stresses the importance to continue the process of reform in the area of freedom of thought, conscience and religion by enabling religious communities to obtain legal personality, by eliminating all restrictions on the training, appointment and succession of clergy, by complying with the relevant judgments of the ECtHR and the recommendations of the Venice Commission and by eliminating all forms of discrimination or barriers based on religion; notes that progress has been particularly slow in extending the rights of the Alevi minority; calls on the Government to give consideration to the request from Alevi associations for cemevis to be recognised as places of worship; underlines the importance of lifting all obstacles to a speedy reopening of the Halki Seminary;
Amendment 207 #
2013/2945(RSP)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses support for the database on violence against women currently under preparation by the Ministry for Family and Social policies; asks to complement existing legislation on the creation of shelters for women who are victims of domestic violence with adequate follow-up mechanisms where municipalities fail to establish such shelters; supports the efforts of the Minister for Family and Social policies to raise penalties for forced early marriages, which must be eradicated; renews its concern at the low level of women’s participation in the labour force, in politics and at senior level in the administration and encourages the Government to adopt adequate measures to promote a more central role of women in the economic and political fabric of Turkey; welcomes the work of the Minister for Family and Social Policies, Fatma Şahin, on the ambitious reforms which she has introduced in these areas;
Amendment 219 #
2013/2945(RSP)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Strongly supports the Government’s initiative to strive for a settlement of the Kurdish problem on the basis of negotiations with the PKK; encourages the Government to devise the reforms directed at promoting the social, cultural and economic rights of the Kurdish community on the basis of adequate consultation of relevant stakeholders and the opposition; calls on the parties; welcomes the Government’s openness and the promise to authorise mother-tongue teaching in private schools; believes, nevertheless, that mother-tongue teaching should be provided in state education; welcomes the promise to authorise changing the names of villages and provinces and calls for the local population to be closely involved in the name-change decision; calls on the various opposition parties to actively support the negotiations and the reforms as an important step for the benefit of Turkish society at large; calls on the Turkish authorities to cooperate closely with the European Commission to assess which programs under IPA could be used to promote sustainable development in the South East in the framework of negotiations on Chapter 22;
Amendment 229 #
2013/2945(RSP)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that social dialogue and involvement of social partners are vital for the development of a prosperous society; Underlines the importance of further progress in the areas of social policy and employment, in particular to remove all obstacles to the effective functioning of trade unions, to establish a national employment strategy, address undeclared work, widen the coverage of social protection mechanisms, and increase employment rates among women and people with disabilities; notes the gradual implementation of laws 6289 and 6356 on trade union rights in the private and public sector but is concerned by the obstacles remaining to the effective functioning of trade unions; is particularly concerned about the absence of protection from discrimination against trade unionists in companies with fewer than 30 employees; calls for trade union laws to be implemented in accordance with the ILO international standards which Turkey has ratified;
Amendment 263 #
2013/2945(RSP)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reiterates its strong support for the reunification of Cyprus, based on a fair and viable settlement for both communities; asks Turkey to actively supportsupports the efforts to relaunch the negotiations aimed at a fair, comprehensive and viable settlement under the auspices of the UN Secretary-General and in accordance with the relevant UNSC resolutions; calls on Turkey to begin withdrawing its forces from Cyprus and to transfer the sealed-off area of Famagusta to the UN in accordance with UNSC Resolution 550 (1984); calls on the Republic of Cyprus to open the port of Famagusta, under EU customs supervision, in order to promote a positive climate for the successful solution of the ongoing reunification negotiations, and to allow Turkish Cypriots to trade directly in a legal manner that is acceptable to all; takes note of the proposals by the Government of Cyprus to address the above issues;
Amendment 309 #
2013/2945(RSP)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that Turkey continues to be the EU’s sixth biggest trading partner and that the EU is Turkey’s biggest with 38% of Turkey’s total trade going to the EU and almost 71% of FDI coming from the EU; welcomes the ongoing Commission evaluation of the EU-Turkey Customs Union with the aim of assessing its impact on both parties and ways to update it; calls on the Commission to keep Turkey informed during negotiations on the signing of a free-trade agreement with third countries;
Amendment 322 #
2013/2945(RSP)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Believes that, in view of Turkey’s strategic role as an energy hub, consideration should be given to the value of opening negotiations on Chapter 15 on energy; underlines that energy and climate efficiency priorities need to be addressed; calls on Turkey to publish a greenhouse gas emissions reduction target as soon as possible; calls on Turkey not to exclude major projects such as Istanbul’s third airport, the third bridge or the planned nuclear plants from the Environmental Impact Assessment Directive; notes the implementation of Law No 6446 on the electricity market, but regrets the inclusion of a provisional article allowing public and privatised electricity generating companies not to comply with environmental laws until 2018; calls on Turkey to adjust its energy mix in favour of renewables, of which the country has abundant sources, and calls on the Commission to prioritise its funding on renewable energy projects and the electricity grid in Turkey;
Amendment 329 #
2013/2945(RSP)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes Turkey’s commitment to the provision of humanitarian assistance to Syrian refugees; notes that a large number of foreign fighters in Syria gain access to Syria via Turkey and asks Turkey to increase border patrols, restricasks Turkey to control its borders in order to prevent the entry of fighters and arm flows to groups credibly found to be implicated in systematic human rights violations; welcomes the role played by Turkey in supporting the democratic opposition in Syria; believes that the EU and Turkey should actively seek to develop a joint strategic vision to promote a political solution in Syria and support political and economic stability in the region, with particular reference to Jordan, Lebanon and Iraq;
Amendment 4 #
2013/2740(RSP)
Motion for a resolution
Recital B
Recital B
B. whereas the EU has consistentlyalways advocated for a strong multilateral rules- based approach to trade, whilst recognising thatde facto since 2007 undermining this goal by embarking on complementary approaches such as bilateral, regional and plurilateral agreements may also foster trade opening, especially by unlocking liberalisation in policy areas tackled less thoroughly in the WTO, andwhich has deviated political attention away from the multilateral arena and has impacted on the support for the multilateral system, provided such agreements areindependently of whether complementary approaches are formally WTO compliant;
Amendment 7 #
2013/2740(RSP)
Motion for a resolution
Recital D
Recital D
D. whereas the WTO Ministerial Meeting to conclude the Doha Round stalled atfrom the start of the DDA negotiations fundamental disagreements between participants over their goals prevailed, including a walk-out of African delegations from the WTO Ministerial in 2003, leading to an impasse since the end of July 2008;,
Amendment 14 #
2013/2740(RSP)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that, in order to address effectively the prevailing imbalances in the world trading system, developing countries, and specifically LDCs, should be fully involved in the ongoing trade negotiations in the run up to the Bali Conference so as to secure consensus and ownership of any final results; against this background, expresses its concern that the interests of LDCs are currently marginalised; urges the EU to contribute to finding a satisfactory solution on their four areas of concerns, namely: a) the implementation of the duty-free and quota-free market access Decision (DFQF Decision) taken by Members at the Hong Kong Ministerial Conference in 2005; b) preferential rules of origin; c) cotton; and d) operationalization of the LDC Services waiver.
Amendment 15 #
2013/2740(RSP)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that trade liberalisation is a necessary but not in itself sufficiecan be an important tool to ensure sustainable economic growth and development, as it needs to beif it is phased-in intelligently and accompanied by appropriate flanking policies encompassing macro- and micro economic interventions, education and training, institutional reforms and social policies so as to maximise and distribute better the benefits of trade reforms and effectively counterbalance any negative effects;
Amendment 25 #
2013/2740(RSP)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises in this context the important role played by the Aid for Trade Initiative and regretnotes that for the first time since its launch in 2005 the amount of the commitments were reduced in 2011 due to the financial crisis, which resulted in less support to large projects in economic infrastructure with commitments in the transport and energy sector falling;
Amendment 30 #
2013/2740(RSP)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Draws attention to the Fourth Aid for Trade Review Conference held in July 2013 in Geneva where the participants identified trade-related constraints that prevent developing country firms from linking to or moving up value chains, namely inter alia tariff escalation schemes in export markets, inadequate infrastructure, high transportation and shipping costs, inadequate access to trade finance, inability to attract foreign direct investment, lack of comparative advantage and high market entry costs;
Amendment 33 #
2013/2740(RSP)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recognises the importance of the agricultural sector to developing countries and notendorses the proposals made by the G33 group of countries on the issue of food security; in particular, takes the view that small-holder farmers should be entitled to use their production to create stocks for food security purposes, which requires the use of subsidies; believes that the EU should support measures which restore food stocks for developing countries in the wake of the harmful speculation and price volatility in recent years; recalls that in this regard the EU should ensure coherence between the various EU policies as enshrined notably in Articles 207 and 208 of the Treaty on the Functioning of the European Union, namely development policy, the CAP and the common commercial policy, taking account of the needs and concerns of both EU Member States and those of developing countries; recalls that European agricultural export subsidies hampers the agricultural development of poor countries by generating unfair competition with their local agriculture;
Amendment 44 #
2013/2740(RSP)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the opening ofIs highly concerned about negotiations on a plurilateral Trade in Services Agreement (TiSA), which is in keeping with the Eighth Ministerial Conference's objective of exploring new ways for the WTO membership to further lib; recalls that a number of important developing countries oppose this initiative which is further undermining the effectiveness of the multilateralise trade in services; stresses the EU's commitment in promoting work regime; underlines the importance of ensuring this area and in keeping open the possibility of ‘multilateralising’ the TiSA by taking over thereinat any agreement is fully compatible with the definitions, rules and principles which form the core of the General Agreement on Trade in Services (GATS); underlines the importance of ensuring that any agreement is ambitious, expanding the coverage and deepening the rules regarding liberalisation in trade in services, and that and includes the application of the most-favoured-nation clause (MFN) as the outcomre is firmly anchored toprinciple of the WTO architecture;
Amendment 45 #
2013/2740(RSP)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the transfer of technology can be a vector for economic growth and foster trade; regrets thereforedevelopment; takes note of the decision to suspend the negotiations on the expansion of the Information Technology Agreement which would have included a set of principles on non-tariff barriers and increased both the product coverage and the countries within its scope; strongly encourages all parties to the negotiations to try to overcome their differencesrecommends all participating parties to recognize existing sensitivities regarding the inclusion of products of secondary IT content, such as refrigerators, and to resume negotiations;
Amendment 48 #
2013/2740(RSP)
Motion for a resolution
Paragraph 11
Paragraph 11
11. WelcomesTakes note of the revision of the WTO plurilateral government procurement agreement (GPA) as agreed in March 2012; believes that clearer and more stringent rules for award procedures will foster transparency in public procurement and, together with the extended coverage of goods and services and entities, will provide greater opportunities for its signatories; calls on WTO Members, in particular developing countries and current observers of the GPA, to consider joining the agreement, in order to take advantage of the new provisions for developing countries increasing flexibility and to reap its benefits;
Amendment 49 #
2013/2740(RSP)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is pleased that there was a positive decision taken in June 2013 to extend the TRIPS exemption by another eight years until 1 July 2021 for LDCs which is a further; deplores, however, the positioning of the EU against an unconditional waiver; is of the opinion that LDCs should be able to decide themselves about their readiness to apply TRIPS, as a way of ensuring that the world trading system doesn't adopt a one size fits all approach but rather takes account of the specificities of each developing countriesy;
Amendment 50 #
2013/2740(RSP)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages the WTO membership to proactively support the WTO's efforts in establishing working links of the WTO with other international organisations whose work has a bearing on world trade talks, in particular the UN and its agencies and bodies such as the ILO, UNCTAD, FAO, the IMF and the World Bank, as well as the OECD;
Amendment 60 #
2013/2740(RSP)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that concluding the long standing Doha round with its development mandate intact is vital and that Bali will mark a turning point in terms of world tradefulfilled is vital; urges therefore all WTO members to explore all possible options with that end goal in sight in order to achieve a balanced result;
Amendment 62 #
2013/2740(RSP)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls, in this sense, the importance to fulfil the commitments taken by developed countries at the Hong Kong Ministerial Conference in 2005, which reflect priorities for LDCs, in particular the so-called "2005 Decision'" to provide duty-free and quota-free (DFQF) market access on a lasting basis for all products originating from LDCs, and the commitment to phase out agricultural export subsidies by 2013; recalls also, in this sense, the 2004 commitment to phase out domestic subsidies on cotton production;
Amendment 64 #
2013/2740(RSP)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Notes that preferential market access rules did little in practice to foster developing countries' exports and economic diversification; in particular, points out that while developed countries committed to provide duty-free and quota- free market access for at least 97% of products originating from LDCs, the remaining 3% which are not included tend to cover a substantial part of the products exported by LDCs, such as textiles and clothing for which they have competitive gains;
Amendment 65 #
2013/2740(RSP)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Points out that LDCs are usually not able to take advantage of preferential market access provisions under the DFQF as rules of origin are not adapted to the globalisation of production; reiterates that, in providing duty-free quota-free market access to LDC exports, Members shall ensure that preferential rules of origins applicable to imports from LDCs are transparent and simple, and contribute effectively to facilitating market access;
Amendment 66 #
2013/2740(RSP)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Recalls that cotton subsidies applied by developed countries do not only have distortive effects on trade but they also have a negative impact on development of cotton-producing developing countries; takes the view that a decision in Bali to phase out domestic subsidies on cotton would give a signal that the intention of the Doha Round is to implement the development agenda seriously;
Amendment 1 #
2013/2708(RSP)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. Whereas in China 6.1 million people are convicted in prison camps and an unknown number in education camps and whereas, especially the latter, are primarily producing goods for export;
Amendment 8 #
2013/2708(RSP)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges the Government of the People's Republic of China to release of information about the Laogai system and to allow an international monitoring mission to observe these labour camps and that the practice of forced labour isit commits to effectively eradicating the process of being eradicatedactice of forced labour ;
Amendment 2 #
2013/2675(RSP)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to its resolution of 7 July 2005 on relations between the EU, China and Taiwan and security in the Far East12, __________________ 12 OJ C 157 E, 6.7.2006, p. 471
Amendment 3 #
2013/2675(RSP)
Motion for a resolution
Recital A
Recital A
A. Whereas the rule-based multilateral trading system, established through the World Trade Organisation (WTO), is the most suitable framework for to achieve open and fair trade worldwide, it is essential however to understand that bilateral agreements are also parts of a same common toolbox of international affairs;
Amendment 4 #
2013/2675(RSP)
Motion for a resolution
Recital B
Recital B
B. Whereas the EU remains fully committed to achieving a balanced outcome of the Doha Development Agenda (DDA) as its preferred approach, considers progressing in parallel with bilateral trade agreements with other industrialised countries is also a valid optionto the extent that these agreements are building blocks to a successful outcome of the DDA;
Amendment 7 #
2013/2675(RSP)
Motion for a resolution
Recital E
Recital E
E. Whereas EU holds 31.5% of all FDI in Taiwan in 2010, being the largest foreign investor in Taiwan; whereas, therefore, investment is the area where there is the smallest untapped potential in economic terms between the EU and Taiwan as compared, for instance, to the goods area;
Amendment 9 #
2013/2675(RSP)
Motion for a resolution
Recital F
Recital F
F. Whereas, currently the overall trade relationship between EU and Taiwan performs well below the potential; whereas, however, the EU has had overall trade deficits with Taiwan, which are of a structural nature given the trade pattern between the EU and Taiwan;
Amendment 10 #
2013/2675(RSP)
Motion for a resolution
Recital G
Recital G
G. Whereas open and fair trade is a powerfulone tool to create more growth and well-being, building on the comparative advantages of eachpotential mutual benefits between respective economyies and potential synergies flowing from a greater economic integration and new inputs to knowledge-driven economies;
Amendment 11 #
2013/2675(RSP)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas duties are already at very low levels between the two trade partners; whereas EU and Taiwan have a regular structured dialogue addressing trade and investment matters of common interest and concern; whereas, within its framework, four technical working groups have been set up to deal with IPR, TBT, SPS related issues and the pharmaceutical sector;
Amendment 12 #
2013/2675(RSP)
Motion for a resolution
Recital H
Recital H
H. Whereas, despite relatively low tariffs, bilateral trade volumes between the EU and Taiwan lag behind the bulk of EU's trade exchanges with its other main trading partners; whereas however EU-Taiwan trade increased by 31.4% year-on-year in 2010;
Amendment 13 #
2013/2675(RSP)
Motion for a resolution
Recital I
Recital I
I. Whereas, the ICT industry is a high- added value sector and a source of growth in both the EU and in Taiwan, especially with respect to further development of smart products and services; whereas however the EU has had considerable trade deficits in this sector with Taiwan over the years;
Amendment 14 #
2013/2675(RSP)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the EU and Taiwan can further deepen their economic relations in a way that really is mutually beneficial also with a view to common societal challenges;
Amendment 15 #
2013/2675(RSP)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. Whereas however the EU has not yet built up a strategic vision on its industrial policy driving its defensive and offensive interests in trade and investment relations;
Amendment 17 #
2013/2675(RSP)
Motion for a resolution
Recital K
Recital K
K. Whereas Taiwan's accession to the WTO Government Procurement Agreement in July 2009 was a substantial and positive step, by which Taiwan will not only benefit from reciprocal opening to GPA markets but will also improve efficiencies on its home markethas further strengthened its WTO membership;
Amendment 21 #
2013/2675(RSP)
Motion for a resolution
Recital O
Recital O
O. Whereas closer economic ties with Taiwan do not contradict in any way EU's ‘the EU has so far followed a 'one China’' policy given that China and Taiwan respectively joined the Asia- Pacific Economic Cooperation (APEC) in 1991, and acceded to the World Trade Organization (WTO) in 2002; whereas closer economic ties with Taiwan should not contradict that policy;
Amendment 25 #
2013/2675(RSP)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Considers that, while the EU is working on upgrading its economic relations with China, it should consider the possibility of doing the same with Taiwan in order to consistently keep the track of giving support to Taiwan's democratic system, social pluralism and good record in respecting human rights and the rule of law;
Amendment 27 #
2013/2675(RSP)
Motion for a resolution
Paragraph 2
Paragraph 2
Considers howevertherefore, that the EU should positively respond totake account of Taiwan's willingness to explore the possibility of launching negotiations for bilateral agreements on investment protection and market access;
Amendment 30 #
2013/2675(RSP)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recalls however that the EU has not yet elaborated a strategic vision on its industrial policy driving its defensive and offensive interests within the framework of the new EU competence in FDIs; recalls, moreover, that Commission's resources are already overstretched and that these should be allocated where real priorities for the EU economy are;
Amendment 32 #
2013/2675(RSP)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls also that EU and Taiwan already have a well integrated economic relation, low customs duties on both sides and a well structured dialogue, which meets regularly in order to solve bilateral trade and investment issues;
Amendment 40 #
2013/2675(RSP)
Motion for a resolution
Paragraph 5
Paragraph 5
Calls on Commission to start talksconsider the possibility for such agreements between EU and Taiwan with a view to strengthening bilateral relations;
Amendment 1 #
2013/2674(RSP)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the EU Strategic Framework and Action Plan on Human Rights and Democracy of 25 June 2012,
Amendment 2 #
2013/2674(RSP)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to its resolution of 14 March 2013 on EU-China relations2, __________________ 2 Texts adopted, P7_TA(2013)0097
Amendment 9 #
2013/2674(RSP)
Motion for a resolution
Recital B
Recital B
B. whereas foreign investment stock of the EU in China in 2011 amounted to EUR 102 billion and foreign investment stock of China in the EU in the same year amounted to EUR 15 billion; whereas foreign investment stock from China in the EU amounted to EUR 3.5 billion only in 2006;
Amendment 10 #
2013/2674(RSP)
Motion for a resolution
Recital D
Recital D
D. whereas 26 EU Member States have individual bilateral investment agreements in force with China; whereas the EU has not yet developed a long-term and sustainable industrial policy driving its offensive and defensive interests in the framework of the new EU foreign investment policy,
Amendment 12 #
2013/2674(RSP)
Motion for a resolution
Recital E
Recital E
E. whereas the development goals expressed in the 12th 5-year plan and the EU2020 strategy provide for a high number of shared interests and common challenges; whereas a higher level of integration and technological exchange between the European and Chinese economies can lead to synergies and mutual benefits;
Amendment 17 #
2013/2674(RSP)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the poor or non- implementation by China of some fundamental social and labour rights as well as of environmental standards, which are however internationally recognised, are among the causes of the present disequilibrium in trade flows between EU and China, which could even be further exacerbated by deeper investment relations if progress is not achieved in the implementation of those rights and standards; whereas this investment agreement should therefore not have the effect of further lowering social and environmental standards in China, but should, on the contrary, contribute to the improvement thereof as a pre-condition, leading to a more balanced and mutually- beneficial trade and investment relation;
Amendment 20 #
2013/2674(RSP)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the Commission and the Council have committed to ensure that EU investment policy takes into account the principles and objectives of the Union's external action, including human rights, and have committed to deliver as from 2013;
Amendment 21 #
2013/2674(RSP)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas the Commission's Impact Assessment on an EU-China investment agreement has not included a human rights dimension;
Amendment 22 #
2013/2674(RSP)
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. whereas, since an investment agreement with China would substantially upgrade EU-China economic relations, it should also give a contribution to upgrading EU-China political dialogue, notably on such issues as human rights - in the framework of an effective and result-oriented human-rights dialogue - and the rule of law, with a view to keeping political and economic relations on a parallel track, consistently with the spirit of the Strategic Partnership;
Amendment 24 #
2013/2674(RSP)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas it is clear that decisions of arbitral tribunals under existing investment protection agreements have frequently ignored the host state's obligations under international treaties concerning human rights, labour rights and the protection of the environment and have forced host states to pay compensation for acts which seek to implement these obligations but which also have the incidental effect of reducing foreign investors' profits;
Amendment 32 #
2013/2674(RSP)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that Chinese enterprises perceive the Union generally as a stable investment environment, but deplorenotes the existence of certain trade barriers to the European market, such as technical obstacles to trade and barrierscrutiny mechanisms erected to block third country investments in certain Member States; reminds however that a security review mechanism to scrutinise foreign investments was recently set up in China and that the use of such mechanisms both in China and in the EU Member States may be based on legitimate grounds;
Amendment 35 #
2013/2674(RSP)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that the main form in which foreign companies are allowed to set up in China is through joint ventures which has so far favoured the competitive development of China while weakening the competitiveness of the EU industry and incentivised the export of polluting technologies to China; is convinced that further openness by China on the joint venture mechanism, combined with better protection of intellectual property rights (IPR), would be mutually beneficial, and would favour a greater level of integration of the European and Chinese economies; based on a more strategic approach towards an economic cooperation that is oriented towards environmentally-friendly technology and innovation;
Amendment 46 #
2013/2674(RSP)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines the importance of establishing, through this agreement, the pre-conditions for fair competition to take place between EU and China; to this purpose, recommends that the Commission negotiates strong and binding provisions on transparency and fair competition so that a level-playing field also applies to state-owned enterprises and sovereign wealth funds' investment practices;
Amendment 48 #
2013/2674(RSP)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that nothing in an investment agreement shall reduce the policy space of the Parties and their capability to legislate in order to pursue public policy purposes; Stresses that guaranteeing the rule of law for all EU and Chinese investors and citizens, without prejudice to the right of the parties to adopt and enforce measures necessary to pursue legitimate public policy interests, must remain the priority;
Amendment 60 #
2013/2674(RSP)
Motion for a resolution
Paragraph 7 – indent 7 a (new)
Paragraph 7 – indent 7 a (new)
- a clear definition of fair and equitable treatment;
Amendment 64 #
2013/2674(RSP)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that a precondition for the conclusion of the agreement should includebe the inclusion of a strong commitment of the parties to sustainable and inclusive development in economic, social and environmental dimensions in relation to investment in order to build up a more balanced trade and investment-relation between EU and China that is not mainly based on low labour costs and poor environmental standards in China;
Amendment 68 #
2013/2674(RSP)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that investment agreements concluded by the EU must respectnot be in contradiction with the fundamental values the EU wants to promote through its external policies and, to that purpose, must promote the capacity for public intervention, in particular when pursuing public policy objectives such as social, environmental, human rights, security, workers' and consumers' rights, public health and safety, industrial policy and cultural diversity; calls to include respective specific clauses into this agreement;
Amendment 74 #
2013/2674(RSP)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends that with regard to market access, both parties may exclude certain sectors from the liberalisation commitments; recalls however that the EU has not yet developed a fully-fledged industrial policy and reminds that a first step in that direction would be the setting up of a body tasked with the supervision of foreign investment in strategic sectors similar to CFIUS in the US;
Amendment 86 #
2013/2674(RSP)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its call for a binding corporate social responsibility clause and effective social and environmental clauses, which is in line with the UN Guiding Principles on Business and Human Rights, and binding social and environmental clauses as part of a fully- fledged sustainable development chapter that is subject to a dispute settlement mechanism;
Amendment 91 #
2013/2674(RSP)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to complement its impact assessment by also assessing the impact of the EU-China investment agreement on human rights, as it has committed to do under the Strategic Framework and Action plan on Human Rights and Democracy;
Amendment 98 #
2013/2674(RSP)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Requests to include an 'international obligation clause' in the agreement, which provides that obligations regarding the protection of investors must be read subject to all parties' obligations under international treaties and customary international law, in particular concerning human rights, labour rights and the protection of the environment; requests therefore that an investment agreement should not curtail progress in ratifying and fully implementing international human rights, ILO Conventions and multilateral environmental agreements by both Parties;
Amendment 111 #
2013/2674(RSP)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that the agreement should provide for state-to-state dispute settlement procedures, but no ISDS, consistently with the overall purposes an investment agreement should contribute to; takes also the view that the agreement should include a provision allowing any third party with a stake in a dispute that has been referred to an arbitral tribunal to intervene in the proceedings and to seek appropriate remedies;
Amendment 118 #
2013/2674(RSP)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Invites the Council to not approve negotiating directives for an investment agreement with China until the Commission has presented a template of investment agreement that can be agreed by the Council and the Parliament and which will then constitute a model for all investment agreements to be negotiated in the future;
Amendment 3 #
2013/2145(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists that the Commission and the Member States should make every effort to ensure that the EU budget is spent in an efficient way; and that anything financed with it should have a clear European added value. Member States should notably share tasks wherever possible and increase their cooperation;
Amendment 4 #
2013/2145(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recommends that the increase in resources within the Commission's trade policy title should partly be used to help build up Parliament's and civil society's capacity to adequately monitor the growing complexity and proliferation of bilateral EU trade negotiations;
Amendment 8 #
2013/2145(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Insists that the Agencies should have adequate resources to implement the systems and projects which were recently approved; considers, therefore, that the budget of EASO should be increased sufficiently to allow the agency to fulfill its many tasks; and that the budget of the Frontex Agency should be increased to provide them with sufficient resources to operate Eurosur;
Amendment 2 #
2013/2045(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- Having regard to the European Quality Charter of Internships and Apprenticeships developed by the European Youth Forum together with social partners and other stakeholders
Amendment 48 #
2013/2045(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas the International Labour Organization recommended a budget of €21 billion, equating to 0.5% of Eurozone spending, to fully implement a youth guarantee in the EU;
Amendment 66 #
2013/2045(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas young people have the right to quality-employment according to their skills and that quality-employment is fundamental to the dignity and autonomy of Europe's youth;
Amendment 79 #
2013/2045(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas productive and sustainable investments in areas such as education and training and research and development, are key for a sustainable exit for the crisis but also to consolidate the EU economy in a path of competitiveness, productivity and sustainability; whereas deficit targets should exclude investments in these areas;
Amendment 84 #
2013/2045(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas young people in the EU are being forced to migrate to find a job opportunity: phenomenon that, if not properly guided, risks to lead to brain drain and to increased regional disparities;
Amendment 88 #
2013/2045(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. whereas youth employment measures needs to be integrated in a consistent and future and investment oriented macroeconomic strategy that create the condition for the creation of sustainable and 21st century jobs as well as an effective transition from education to employment
Amendment 101 #
2013/2045(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the policy measures implemented by Member States need to be diversified and should tackle all potential obstacles in young people's pathway to sustainable and decent employment, paying particular attention to vulnerable groups that are more likely to suffer from multiple disadvantages;
Amendment 126 #
2013/2045(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the involvement of all relevant stakeholders, including training and education providers, individual employers, public and private employment services, social partners, third-sector organisations, including youth organizations, and health and other authorities, is essential for the successful implementation and monitoring of a variety of measures fostering youth employment and employability in an integrated fashion; emphasises that measures must be flexible so as to meet the continuously evolving needs on the labour market;
Amendment 142 #
2013/2045(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises the particularly difficult situation in certain regions where the level of unemployment among young people is above 25 %; welcomes the fact that EU support for youth employment will be further boosted through the proposed EU Youth Employment Initiative, with a budget of EUR 6 billio and the potential of the proposed EU Youth Employment Initiative to boost youth employment in Europe; Consequentially considers insufficient the EUR 6 billion currently foreseen over the seven- year period 2014- 2020; and calls the Council of the EU to significantly increase the financial dotation of the initiative, also following the figures recommended by the ILO;
Amendment 163 #
2013/2045(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the decision of the EPSCO Council on 28 February 2013 to agree on a Council recommendation on implementing a Youth Guarantee; recommends extending eligibility to graduates aged underp to 30; stresses that the success of this measure will be highly dependent on other factors, e.g. the infrastructure and capacity of public and strengthened private employment services, the availability of student places, the provision of training and, apprentic, including quality apprenticeships and traineeships, and the transferability and implementation of successful experiences from other Member States; stresses that the Youth Guarantee must be integrated within the broader framework of active labour market policies while ensuring high quality standards;
Amendment 175 #
2013/2045(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages the Member States to develop clear quality standards and indicators regarding the development of youth guarantee schemes as well as to boost their support for enterprises, cooperatives and third-sector organisations wishing to participate in Youth Guarantee schemes in close cooperation with public and private employment services, including through tax incentives, subsidies for fixed employment costs, and the possibility of accessing funding for on-site training, which will support enterprises in providing high-quality sustainable employment and training offers, and will represent an investment in young people's potential in an effective and targeted way;
Amendment 228 #
2013/2045(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to support self-employment among young people by creating facilities and preferential conditions for starting up their own businesses, through, e.g., cutting red tape and introducing favourable tax policies as well as easing access to financial credit and efficient counselling and mentoring facilities;
Amendment 260 #
2013/2045(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to ensure high-quality frameworks for traineeships with clear mentions of rights and responsibilities for the interns, backed up by financial support and mandatory monitoring, as well as a common quality standard for traineeships and work placements; stresses that active promotion and awareness-raising in respect of such programmes is needed among entrepreneurs; ; It also calls on Member States to ensure that traineeships are properly remunerated according to collective agreements and minimum wage legislations;
Amendment 268 #
2013/2045(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the European Commission to develop by the end of 2013 a clear proposal for a quality framework for traineeships with precise quality criteria as indicated in the EC proposal setting a Second-stage consultation of the social partners at European level concerning a Quality Framework on Traineeships (COM(2012)0728)
Amendment 287 #
2013/2045(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages the Member States to fosterensure the mobility of young workers by means of further progress towards the mutual recognition of qualifications and skills and enhanced coordination of national social security systems, especially as regards pension systemportability of pension rights and unemployment benefits, as well as by continuing to invest substantially in language learning;
Amendment 292 #
2013/2045(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to introduce reforms to EURES with the aim of proactively matching jobseekers and job-changers to existing vacancies, and where necessary, to reform public employment services so as to better target their activities and approaches on young people; stresses thatCalls on Member States to continue in the process of reform and development of effective public employment services so as to better target their activities and approaches on young people as a fundamental component of any youth guarantee strategy; stresses also the need to introduce reforms to EURES with the aim of proactively matching jobseekers and job-changers to existing vacancies as well as raising of awareness of EURES is needed so as to increase its visibility and availability, as a career advice system that supports students in becoming more aware of their aspirations and capabilities, as well as of existing job opportunities;
Amendment 298 #
2013/2045(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. In the absence of specific figures on youth migration flows, calls on Member States to create mechanisms of research, monitoring and evaluation of such mobility that can be transferred to EURES to better address such phenomena;
Amendment 299 #
2013/2045(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Stresses also the importance of sensibilizing more young people on the use of the counselling offered in the framework of the Public employment services, strengthen partnerships with schools and universities as well as to work towards a better integration with the EURES network;
Amendment 325 #
2013/2045(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses the need to invest in the creation of stable and quality greens jobs as the way to allow young people to have a decent life; furthermore it asks the Commission and the Member States to mobilise all available funds to stimulate investments particularly in green jobs with a view to combating the unacceptably high rate of youth unemployment
Amendment 329 #
2013/2045(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Calls on the Commission to consider social parameters in equal footing to economic ones in the context of the European Semester. This is particularly important in the case of youth unemployment which require close monitoring and coordinated actions in all the Member States and at EU level
Amendment 330 #
2013/2045(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Calls on the Commission to exclude investments in areas such as education, training and research and development from deficit targets, since they are key for a sustainable exit for the crisis but also to consolidate the EU economy in a path of competitiveness and sustainable productivity;
Amendment 331 #
2013/2045(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Requests the European Commission, in cooperation with Member States, to investigate the costs of the introduction of youth guarantee schemes at national and regional level. Furthermore requests the European commission to support regions and member states wishing to introduce such framework
Amendment 104 #
2013/2034(INI)
Motion for a resolution
Paragraph 1 – point y
Paragraph 1 – point y
(y) to promote interaction on global issues between governments and parliaments; to strengthen global governance and allow forintroduce greater public and parliamentary participation in the activities of the UN with the aim of establishing a United Nations Parliamentary Assembly (UNPA);
Amendment 6 #
2013/2017(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Is concerned about Parliament's and civil society's capacity to adequately monitor the growing complexity and proliferation of bilateral EU trade negotiations; considers, therefore, that a possible increase of resources for trade related activities should be used, beyond the continuation of Commission organized civil society dialogues, to build up the systematic and independent analytical knowledge which Parliamentarians need to implement Parliament's prerogatives to supply a timely and informed consent to EU trade agreements;
Amendment 6 #
2013/0416(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The Union shall make macro-financial assistance available to Tunisia (‘the Union's macro-financial assistance’) of a maximum amount of EUR 25300 million, with a view to supporting Tunisia's economic stabilisation and reforms. The assistance shall contribute to covering Tunisia's balance of payments needs as identified in the IMF programme.
Amendment 38 #
2013/0106(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Cooperation with neighbouring third countries should fully respect the fundamental rights of migrants, including in the third countries. The possible existence of an arrangement between a Member State and a third country cannot absolve Member States from their international obligations under the principle of non-refoulement.
Amendment 53 #
2013/0106(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In the spirit of Article 80 of the TFEU, application of Regulation (EU) No 604/2013 of the European Parliament and of the Council1 should not prevent Member States from applying, on a voluntary basis, a system of relocation of migrants and asylum seekers. 1 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person.
Amendment 57 #
2013/0106(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) During a border surveillance operation at sea, a situation may occur where it will be necessary to render assistance to persons found in distress. In accordance with international law, every State must require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers, to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress. Such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found. Accordingly, no measures, including criminal proceedings and/or sanctions should be taken, discouraging ship masters from rendering assistance to any persons in distress at sea.
Amendment 64 #
2013/0106(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Pursuant to Regulation (EC) No 2007/2004, border surveillance operations coordinated by the Agency are conducted in accordance with an operational plan. Accordingly, as regards sea operations, the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation or pilot project takes place, including references to international and Union law, regarding interception, rescue at sea and disembarkation. In turn, this Regulation governs the issues of interception, rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the Agency. It should also include rules and procedures which ensure that persons in need of international protection, including potential victims of trafficking, unaccompanied minors and other vulnerable persons, are identified and that these persons are provided with appropriate assistance, including access to asylum procedures.
Amendment 74 #
2013/0106(COD)
Proposal for a regulation
Article 2 – point 10 a (new)
Article 2 – point 10 a (new)
10a. “principle of non-refoulement” means that no one may be removed, expelled, extradited or handed over to a country where his or her life or freedom would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion; or where there are substantial grounds to believe that there is a real risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment or any serious violations of their human rights; or where he or she may be removed, expelled or extradited to another country in breach of the principle of non-refoulement.
Amendment 75 #
2013/0106(COD)
Proposal for a regulation
Article 2 – point 11
Article 2 – point 11
11. ‘place of safety’ means a location where rescue operations are considered to terminate and where the survivors' safety of life including as regardas well as the protection of their fundamental rights is not threatened, where their basic human needs can be met and from which transportation arrangements can be made for the survivors' next destination or final destination, in compliance with the principle of non- refoulement;
Amendment 80 #
2013/0106(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. No person shall be disembarked in, conducted towards or otherwise handed over to the authorities of, or forced to enter, a country where there is a seriouswell- founded fear of persecution because of his or her race, religion, nationality, membership of a particular social group or political opinion pursuant to points (d) and (f) of Article 2 of Directive 2011/95/EU of the European Parliament and of the Council1 and a real risk that such person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment or any serious violations of their human rights or from which there is a serious risk of expulsion, removal or extradition to another country in contravention of the principle of non- refoulement. 1 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted.
Amendment 84 #
2013/0106(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Before deciding on disembarkation in a third country, the participating units shall take into accountand during a sea operation, the host Member State and the participating Member States shall examine the general situation in thate third country and intercepted or rescued persons shall noties where disembarkation could potentially take place. Intercepted or rescued persons shall not be conducted towards or otherwise handed over to the authorities of, or forced to enter or be disembarked in thata third country when the host Member State or the participating Member States are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1. Those Member States shall provide that information to the participating units. For that purpose, they shall use information based on a range of sources, including in particular information from other Member States, EASO, UNHCR, the Council of Europe and other relevant international and non- governmental organisations.
Amendment 91 #
2013/0106(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In case of disembarkation in a third country is considered, the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation. They shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non-refoulement, including their medical conditions and other circumstances that might make them vulnerable or subject to international protection needs, before a decision is made. They shall inform the intercepted or rescued persons of the place of disembarkation and of the procedure to be followed to avoid being disembarked in the third country, in a language which those persons understand or may reasonably be presumed to understand. The participating units shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non-refoulement. Intercepted and rescued persons shall be granted effective access to legal assistance, to interpretation and to an effective remedy before disembarkation in a third country.
Amendment 104 #
2013/0106(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. If there are grounds to believe that disembarkation of persons intercepted or rescued at sea in the proposed place would be in violation of the principle of non-refoulement, the participating units shall not share personal information regarding the persons with the authorities of the country of origin or with the authorities of other third countries.
Amendment 105 #
2013/0106(COD)
Proposal for a regulation
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4b. The participating units shall treat all persons on board in a humane way.
Amendment 106 #
2013/0106(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. BAll border guards and other personnel of the Member States shall receive, prior to their participationg in a sea operation shall be trained with regard to relevant provisions of fundamental rights, refugee law and the international legal regime of search and rescue, training in relevant Union and international law, including fundamental rights and access to international protection and guidelines for the purpose of identifying persons seeking protection and directing them towards the appropriate facilities, and the international legal regime of search and rescue. Each participating unit shall include at least one person with advanced medical training and one person with expertise in refugee and asylum law.
Amendment 117 #
2013/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. In the territorial sea of the host Member State or a participating Member State, the participating units shall take one or more of the following measures when there are reasonable grounds to suspect that a ship is carrying persons intending to circumvent checks at border crossing points or is engaged in the smuggling of migrants by sea: in the following order, without prejudice to Directive 2013/32/EU on common procedures for granting and withdrawing international protection and the Schengen Border Code and in accordance with Article 4 of this Regulation, when there are reasonable grounds to suspect that a ship is carrying persons intending to circumvent checks at border crossing points or is engaged in the smuggling of migrants by sea and/or trafficking of migrants by sea in accordance with Directive 2011/36/EU of the European Parliament and of the Council1 on preventing and combating trafficking in human beings and protecting its victims: Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims.
Amendment 125 #
2013/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) seizing the ship and apprehending personsIf evidence is found that the vessel is engaged in the smuggling and/or trafficking of migrants, seizing the ship and apprehending persons suspected of smuggling and or trafficking on board;
Amendment 126 #
2013/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
Amendment 140 #
2013/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. On the high seas, the participating units shall take one or more of the following measures in the following order, without prejudice to Regulation (EC) No 562/2006 and in accordance with Article 4 of this Regulation when there are reasonable grounds to suspect that a ship is engaged in the smuggling of migrants by sea subject to the authorisation of the flag State in accordance with the Protocol against the Smuggling of Migrants:
Amendment 144 #
2013/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) seizing the ship and apprehending personsIf evidence is found that the vessel is engaged in the smuggling and/or trafficking of migrants, seizing the ship and apprehending persons suspected of smuggling and/or trafficking on board;
Amendment 146 #
2013/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
Amendment 150 #
2013/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
Amendment 161 #
2013/0106(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In the zone contiguous to the territorial sea of a Member State, which is a host Member State or a participating Member State, the measures laid down in Article 6(1) shall be taken in accordance with Article 6(2) and Article 4.
Amendment 162 #
2013/0106(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Compensation Where the grounds for measures taken pursuant to Articles 6, 7 and 8 prove to be unfounded, the host Member State or the participating Member States, whose participating unit has intercepted, searched or seized the vessel, shall compensate the vessel and the persons on board for any loss or damage that may have been sustained, provided that they have not committed any act justifying the measures taken.
Amendment 176 #
2013/0106(COD)
Proposal for a regulation
Article 9 – paragraph 6 – point i a (new)
Article 9 – paragraph 6 – point i a (new)
(ia) the presence of persons with disabilities or of other vulnerable persons;
Amendment 189 #
2013/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The modalities for the disembarkation of the persons intercepted or rescued in a sea operation shall be set out in the operational plan in accordance with Article 4. Those modalities for disembarkation shall not have the effect of imposing obligations on Member States not participating in the sea operation unless they expressly provide authorisation for measures to be taken in their territorial sea or contiguous zone in accordance with Article 6(4) or Article 8(2). Modalities for disembarkation may specify that disembarkation does not necessarily imply sole responsibility for the State on whose territory persons rescued at sea are disembarked.
Amendment 193 #
2013/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 199 #
2013/0106(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Amendment 50 #
2012/2870(RSP)
Motion for a resolution
Citation 19
Citation 19
– having regard to Turkey's potential to play a pivotal role in diversifying energy resources and routes for oil and gas, gas and electricity transit from neighbouring countries to the EU; having regard to the potential for both Turkey and the EU to benefit from Turkey's rich renewable energy resources in creating a sustainable low-carbon economy,
Amendment 69 #
2012/2870(RSP)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Commends the Commission and Turkey for the implementation of the positive agenda, which proves how, in a context of mutual engagement and clear objectives, Turkey and the EU could advance their dialogue, achieve common understanding and produce positive change; believes that a renewed mutual engagement in the context of the negotiation process is needed to maintain a constructive relationship; stresses the importance of creating the conditions for a constructive dialogue and the foundations for a common understandingBelieves that a renewed mutual engagement in the context of the negotiation process is needed to maintain a constructive relationship; stresses the importance of creating the conditions for a constructive dialogue and the foundations for a common understanding; commends the Commission and Turkey for the implementation of the positive agenda, which proves how, in a context of mutual engagement and clear objectives, Turkey and the EU could advance their dialogue, achieve common understanding and produce positive change;
Amendment 88 #
2012/2870(RSP)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses Turkey's strategic role, politically and geographically, for the foreign policy of the EU and its neighbourhood policy; recognises Turkey's role as an important regional player and calls on the EU and Turkey to further reinforce their existing political dialogue on foreign policy choices and objectives; regrets that the alignment of Turkey with CFSP declarations continued to be low in 2012; encourages Turkey to develop its foreign policy in the framework of dialogue and coordination with the EU; asks the Member states to open the Chapter on External Relation (30) for closer coordination of Turkey with CFSP;
Amendment 105 #
2012/2870(RSP)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Council decision to invite the Commission to take steps towards visa liberalisation as a gradual and long term perspective, in parallel with the signature of the readmission agreement; urges Turkey to sign and implement the readmission agreement without further delay and to ensure that, until this agreement enters into force, existing bilateral agreements are fully implemented; recalls that Turkey is one of the key transit countries for illegalrregular migration to the EU and underlines the need to intensify cooperation with the EU on migration management, the fight against human trafficking and border controls; stresses once again the importance of facilitating access to the EU for business people, academics, students and representatives of civil society from Turkey; supports the efforts of the Commission and the Member States to implement the visa code, harmonise and simplify visa requirements and create visa facilitating centres in Turkey; Reminds the Member States of their commitmentobligations under the association agreement in line with the Soysal Ruling of the European Court of Justice of 19 February 2009;
Amendment 108 #
2012/2870(RSP)
Motion for a resolution
Paragraph 3a (new)
Paragraph 3a (new)
3a. Is concerned by the continued arbitrary refusal of access to the asylum procedure and the practice of repatriation of refugees, asylum-seekers and other people who may be in need of protection; urges the government to bring into line with international standards detention regulations found to be unlawful by the ECtHR in the case of Abdolkhani and Karimina vs. Turkey; calls on the Turkish Grand National Assembly to adopt a comprehensive law consistent with international standards on protection and reception to protect the rights of all refugees, asylum-seekers and other people who may be in need of protection, without discrimination within Turkey's jurisdiction;
Amendment 117 #
2012/2870(RSP)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Commends the Constitution Conciliation Committee for its commitment to a new Constitution and for the inclusive process of consultation of civil society, which reflected the diversity of Turkish society; encourages the Committee to continue its work and to tackle in a collegial way, and in line with the values of the EU, key issues such as (i) the separation of power and an adequate system of checks and balances, (ii) relations between the State, society and religion, (iii) an inclusive system of governance securing the basicfundamental rights of all citizens and (iv) an inclusive concept of citizenship;
Amendment 128 #
2012/2870(RSP)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Reaffirms the fundamental role of the Turkish Grand National Assembly (TGNA) as the centre of Turkey's democratic system and stresses the importance of support and commitment amongst all political parties for the reform process, in particular a valuable legal framework protecting and enhancing fundamental rights for all communitieitizens; commends the work of the Human Rights Inquiry Committee and asks for a more central role of the EU Harmonisation Committee to promote the alignment of new legislation with the acquis or with European standards during the legislative process;
Amendment 136 #
2012/2870(RSP)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the third judicial reform package as a step towards a comprehensive reform process in the area of the judiciary and fundamental rights; stresses however the crucial importance to continue the reform process with a fourth judicial reform package addressing (a) the issues related to the excessively broad definitions of criminal offences under the Criminal Law or the Anti-Terror Law, with the urgent need to introduce a clear distinction between the promotion of terrorism and the incitement to violence and the expression of non-violent ideas, in order to safeguard freedom of expression, freedom of assembly and freedom of association right of strike and collective bargaining(b) the issue of the excessively long pre-trial detention periods, and (c) the need to allow full access to the prosecution file for defence lawyers;
Amendment 138 #
2012/2870(RSP)
Motion for a resolution
Paragraph 7a (new)
Paragraph 7a (new)
7a. Considers that the provisions contained in the Turkish anti-terror legislation and Article 220 TCC allow for a very wide margin of appreciation, in particular in cases where membership in a terrorist organisation has not been proven and when an act or statement may be deemed to coincide with "the aims" of a terrorist organisation; asks Turkish authorities to take legislative measures and reflect the case-law of the ECtHR (Güzel and Özer v. Turkey, judgment of 6 July 2010), the Recommendation 1426 (1999) of the Parliamentary Assembly of the Council of Europe ("European democracies facing up to terrorism"), and the Guidelines of the Committee of Ministers of the Council of Europe on human rights and the fight against terrorism (11 July 2002);
Amendment 146 #
2012/2870(RSP)
Motion for a resolution
Paragraph 7b (new)
Paragraph 7b (new)
7b. considers the verdict in the Pinar Selek case on 24 January2013 to be a obvious example of the shortcomings in Turkey's justice system and of the weakness of investigations in Turkey; considers this trial to be a test for the rule of law and the credibility of the judiciary in Turkey;
Amendment 164 #
2012/2870(RSP)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that freedom of expression and media pluralism are core European values and that a truly democratic society requires true freedom of expression, including the right of dissent; underlines the importance of abolishing legislation providing for disproportionately high fines on the media, leading in some cases to their closure or to self-censorship, and the urgent need to reform the internet law; regrets that a number of laws such as Articles 301- 318- 220/6 in combination with 314/2 , Articles 285 and 288 of the penal code, Articles 6 and 7/2 of the anti terror law and law 5651/2007 on the internet continue to limit freedom of expression; reiterates its previous calls to the government to finalise the review of the legal framework on freedom of expression and to bring it, without delay, in line with the ECHR and the ECtHR case law; deplores thus unlawful prosecutions of journalists, writers, publishers, academics, human rights defenders, peaceful demonstrators and activists, officials of Kurdish political parties and associations;
Amendment 189 #
2012/2870(RSP)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the Law on the Ombudsman and the appointment of a first Head Ombudsman, who shall ensure the credibility of this institution through his decisions; stresses that the establishment of the Ombudsman is an important step in safeguarding the rights of citizens and ensuring accountability of the public administration; calls on the board of the Ombudsman that the regulation on the internal decision-making process guarantees the independence of the institution;
Amendment 196 #
2012/2870(RSP)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that, in the ‘sledgehammer’ trial a first instance court sentenced 324 suspects to 13-20 years; stresses that investigations on KCK and of alleged coup plans, such as the ‘Ergenekon’ and ‘Sledgehammer’ cases, must demonstrate the strength and the proper, independent, impartial and transparent functioning of Turkish democratic institutions and the judiciary, and their firm, unconditional commitment to respect for fundamental rights; is concerned about the allegations regarding the use of inconsistent evidence; regrets that these cases have been overshadowed by concerns about their wide scope and the shortcomings in the proceedings;
Amendment 206 #
2012/2870(RSP)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Law on the protection of family and prevention of violence against women; commends the National Action Plan to combat Violence against Women (2012-2015) and stresses the need to enforce it effectively nationwide; calls on the Ministry for Family and Social Policies to continue its efforts to increase the number and quality of shelters for women and minors in danger; stresses the importance to provide women who have been victims of violence with concrete alternatives and self-sustainment prospects; urgecommends Turkey to continue to step up its preventive's efforts at all levels in the fight against ‘honour killings’, domestic violence and the phenomenon of forced marriages and child brides; calls on the Ministry to continue to actively promote women's participation in the labour market, which remains low, in politics and at senior level in the administration and the private sector, if necessary by foreseeing reserved quotas and by reviewing some special laws regulating employment in Turkey;
Amendment 217 #
2012/2870(RSP)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the urgent need for comprehensive anti-discrimination legislation and the establishment of an anti- discrimination and equality board to protect individuals against discrimination based on ethnicity, religion, sexual orientation or sexual identity; calls on Turkey to adopt an action plan to promote the full equality of rights and full acceptance of LGBT persons; stresses the urgent need for comprehensive antidiscrimination legislation and the establishment of an antidiscrimination and equality board to protect individuals against discrimination based on any ground such as sex, 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 or sexual identity; calls on Turkey to adopt an action plan to promote the full equality of rights and full acceptance of LGBT persons;
Amendment 236 #
2012/2870(RSP)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the continued implementation of legislation amending the 2008 law on foundations and broadening the scope of the restoration of the property rights of non-Muslim communities; calls on the relevant authorities to assist the Syriac community in clarifying the difficulties faced with property and land registration; calls for a solution for the large number of properties of the Latin Catholic Church which remain confiscated by the State; recalls the urgent need to continue vital and substantial reform in the area of freedom of thought, conscience and religion, in particular by enabling religious communities to obtain legal personality, by eliminating all restrictions on the training, appointment and succession of clergy, by recognising Alevi places of worships and by complying with the relevant judgments of the ECtHR and the recommendations of the Venice Commission; calls on Turkey to ensure that the Saint Gabriel monastery is not deprived of its lands, and that it is protected in its entirety; welcomes the initiatives to reopen the Greek School of Büyükada as a international centre of cultures and asks Turkish Government to reopen Halki Seminars;
Amendment 241 #
2012/2870(RSP)
Motion for a resolution
Paragraph 17a (new)
Paragraph 17a (new)
17a. Supports strongly the ongoing negotiations for a peaceful solution of the Kurdish question and asks all political parties in Turkey to support this process and share their responsibility for its success; convinced that a successful dialogue on this question will have a positive impact in the Middle East and open new opportunities for the resolution of regional conflicts;
Amendment 249 #
2012/2870(RSP)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that Turkey continued to demonstrate resilience at the terrorist attacks by the PKK; cCalls on Turkey to invest renewed efforts towards a political solution to the Kurdish issue; asks all political forces to ensure an adequate political platform and to debate in a constructive way the Kurdish issue and to facilitate a real opening to the claims for basic rights in the Constitutional process; asks all political forces to work in alliance towards the goal of reinforced political dialogue and a process of further political, cultural and socio-economic inclusion and participation of citizens of Kurdish origin, in order to guarantee the rights to freedom of expression, association and assembly and promote the peaceful inclusion of citizens of Kurdish origin into Turkish society; welcomes the new legislation to open the possibility to use the native language in trials, considers in this context the right to education in the native language and the right to use Kurdish in local administrative communications as essential; recalls that a political solution can only be built upon a truly democratic debate on the Kurdish issue and expresses concern at the large number of cases launched against writers and journalists writing on the Kurdish issue and the arrest of several Kurdish politicians, mayors and members of municipal councils, trade unionists, lawyers, protestors and human rights defenders in connection with the KCK trial; underlines the importance of promoting a discussion of the Kurdish issue within the democratic institutions, particularly the TGNA;
Amendment 265 #
2012/2870(RSP)
Motion for a resolution
Paragraph 19a (new)
Paragraph 19a (new)
19a. Welcomes the verdict of the Higher Administrative Court (Danistay) on the annulment of the permit to construct the Ilisu Dam, based on environmental impact studies and based on applicable law; calls on the Turkish Government to preserve this archaeological and environmental heritage by prioritizing smaller, ecologically and socially sustainable projects; and asks the EU institutions and EU member states to make full use of all EU instruments of the negotiations on the Chapter Environment (27) and of enlargement policy for candidate countries in this respect;
Amendment 266 #
2012/2870(RSP)
Motion for a resolution
Paragraph 19b (new)
Paragraph 19b (new)
19b. Calls on Turkey and the Commission to take Regulation (EC) No 1007/2009 on the trade in seal products (so- called 'Seal Regulation') in consideration during the negotiation on the Chapter Environment (27) opened in December 2009, banning the marketing of products derived from seals; urges the Turkish Government to align its policy with the EU Regulation prohibiting the trade of all products from commercial seal hunts and in so doing to strongly contribute to ending the largest commercial hunt of a marine mammal in the world;
Amendment 292 #
2012/2870(RSP)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Deeply regrets Turkey's decision to abstain from meetings and contacts with the Cypriot Presidency of the Council of the EU and takes the view thatasks all parties concerned and Turkey not to missed an important opportunity to start a process of engagement and normalisation of relations with Cyprus; recalls that the EU is based on the principles of sincere cooperation and mutual solidarity amongst all its Member States and respect for the institutional framework;
Amendment 310 #
2012/2870(RSP)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Expresses once again its strong support to the reunification of Cyprus, based on a fair and viable settlement for both communities; underlines the urgency of an agreement between the two communities on how to proceed with the substantive settlement negotiations, so that the negotiating process, under the auspices of the UN Secretary-General, can soon regain momentum; calls on Turkey to begin withdrawing its forces from Cyprus and transfer Famagusta to the UN in accordance with UNSC Resolution 550 (1984); calls, in parallel, on the Republic of Cyprus to open the port of Famagusta under EU customs supervision in order to promote a positive climate for the successful solution of the ongoing reunification negotiations and allow Turkish Cypriots to trade directly in a legal manner that is acceptable to all; is convinced that the adaption of the Direct Trade Regulation and the application of the Additional Protocol to the EC-Turkey Association Agreement (Ankara Protocol) will have a positive economic impact on both communities in Cyprus;
Amendment 319 #
2012/2870(RSP)
Motion for a resolution
Paragraph 23a (new)
Paragraph 23a (new)
23a. Asks the President to invite two observers representing the Cypriot Turkish community to the Parliament, following the decision of the Parliamentary Assembly of the Council of Europe in this respect;
Amendment 332 #
2012/2870(RSP)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Encourages Turkeyall parties concerned to intensify itstheir support for the Committee on Missing Persons in Cyprus;
Amendment 386 #
2012/2870(RSP)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Reiterates its condemnation, in the strongest terms, of the continuing terrorist violence by the PKK, which is on the EU list of terrorist organisations, and expresses its full solidarity to Turkey and to the families of the many victims; calls on the Member States, in close coordination with the EU counter terrorism coordinator and Europol, to intensify cooperation with Turkey in the fight against terrorism and organised crime as a source of financing of terrorism; calls on Turkey to adopt a data protection law and legislation on the financing of terrorism so that a cooperation agreement can be concluded with Europol and judicial cooperation with Eurojust and with the EU Member States can further develop; takes the view that the assignment of a police liaison officer to Europol would help improve bilateral cooperation;
Amendment 402 #
2012/2870(RSP)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the decision to enhance cooperation between the EU and Turkey on a number of important energy issues and calls onencourages Turkey to commintinue its commitment to this cooperation; believes that, in view of Turkey's strategic role, initialwelcomes the meeting of the steering group in Ankara on 14 February 2013; believes that, in view of Turkey's strategic role and plentiful wind, solar and geothermal energy resources, consideration should be given to the value of opening negotiations on Chapter 15 on energy with a view to furthering the EU-Turkey strategic dialogue on energy; considers that both the enhanced EU- Turkey energy cooperation and any eventual negotiations on Chapter 15 should encourage the development of renewable energy potential and cross- border electricity transmission infrastructure;
Amendment 14 #
2012/2225(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU's trade and investment policy should be guided by the general principle of its external action as laid down in Article 21 TEU and by the principle of Policy Coherence for Development as laid down in Article 208 TFEU and should contribute to ‘the sustainable development of the Earth (…), free and fair trade, eradication of poverty and the protection of human rights’;11
Amendment 19 #
2012/2225(INI)
Motion for a resolution
Recital C
Recital C
C. whereas trade and investment cannot in themselves have a decisive impact on growth or on the structural weaknesses (shortfalls in human capital, governance and infrastructure, heavy reliance on exports of raw materials, poor export diversification, high trade costs, etc.) from which DCs suffer and which hamper their full access to world trade and, if not primarily focussed on development goals, can even be detrimental;
Amendment 24 #
2012/2225(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU's trade and investment policy in respect of developing countries should not hamper policy coherence for development and therefore be supplemented by technical and financial assistance coupled with parallel national measures;
Amendment 28 #
2012/2225(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas however many countries are still not benefitting from trade and the ratio of least-developed countries (LDCs) in the world GDP is falling; whereas trade has not been beneficial to all DCs and in some cases it has exacerbated social inequalities;
Amendment 37 #
2012/2225(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Supports the Commission's aim of enhancing synergies between trade and development policies and urges it to integrate development goals when designing trade policy; recommends that it award priority, in these policies, to measures aimed at creating jobs, reducing social inequalities, improving the trade and investment climate, resistance to economic shocks, fiscal governance and diversification of trade and investment flows, andll these goals having to be consistent with the overarching principle of promoting sustainable development;
Amendment 45 #
2012/2225(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Encourages the DCs to mainstream the objective of economic development into the respective policies, strategies and measures they initiate at national level; Calls on the Commission to strengthenoffer more assistance to improve the capacity of governments to incorporate sustainable development considerations into their national trade strategies and programmes;
Amendment 49 #
2012/2225(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Views as decisive investment aimed at creating, developing and strengthening key port, transport,sustainable transport, sustainable energy and telecommunications infrastructure, and in particular cross- border infrastructure;
Amendment 54 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – introductory part
Paragraph 5 – introductory part
5. Considers that when trade and investment are used as drivers for sustainable growth and economic development, they should target in particular the following objectives:
Amendment 57 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 1 – indent 1 a (new)
Paragraph 5 – point 1 – indent 1 a (new)
- support the need for DCs and LDCs to carve out some sensitive agricultural products from reciprocal liberalisation;
Amendment 59 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 1 – indent 1 b (new)
Paragraph 5 – point 1 – indent 1 b (new)
- include concrete measures for positive incentives in the Trade and Sustainable Development chapters of trade agreements to encourage the import of agricultural products to the EU that comply with specified environmental, social and human right standards, in particular by ensuring fair revenues for producers and living wages for agricultural workers as called for by the UN special rapporteur on the right to food;
Amendment 60 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 1 – indent 2
Paragraph 5 – point 1 – indent 2
– improving their access to financing and micro-financing;
Amendment 62 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 1 – indent 3
Paragraph 5 – point 1 – indent 3
– ensuring compliance withsupporting DCs in aligning to international health and plant health standards, in order to guarantee fair competition and broader access to agricultural marketimprove the opportunities for them to have better access to the market of industrialised countries while better protecting their populations;
Amendment 64 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 1 – indent 4
Paragraph 5 – point 1 – indent 4
– gradual removal of export restrictions and countering agricultural price speculation and volatility;
Amendment 71 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 1 – indent 6 a (new)
Paragraph 5 – point 1 – indent 6 a (new)
- acknowledge the potential need for safeguard clauses for DCs preventing undercutting and distortive effects on their local agricultural markets by subsidised European agricultural products;
Amendment 73 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 1 – indent 6 b (new)
Paragraph 5 – point 1 – indent 6 b (new)
- terminate the praxis of export subsidies that put DCs' farmers under unfair competition with European products;
Amendment 74 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 2 – indent 1
Paragraph 5 – point 2 – indent 1
– creation, strengthening and diversification of production capacities and sustainable manufacturing development;
Amendment 77 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 2 – indent 2
Paragraph 5 – point 2 – indent 2
– improving the businvestments climate in order to facilitate private sector participation, including the local small business;
Amendment 79 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 2 – indent 2
Paragraph 5 – point 2 – indent 2
– improving the businvestments climate in order to facilitate private sector participation, including the local small business;
Amendment 80 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 2 – indent 3
Paragraph 5 – point 2 – indent 3
– gradual removal of trade restrictions in conformity with the necessity for DCs to diversify their economy and build a domestic sustainable industry;
Amendment 84 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 2 – indent 4 a (new)
Paragraph 5 – point 2 – indent 4 a (new)
Amendment 87 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 3 – indent 1
Paragraph 5 – point 3 – indent 1
– strengthening the legal certainty and legality of private investments, and in particular of FDIrule of law and good governance in a way that is beneficial also to private investments;
Amendment 90 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 3 – indent 2
Paragraph 5 – point 3 – indent 2
– protection of intellectual property rights proportionally to the level of development of countries and with a view to favouring technology transfer, including in green technology, and with a view not to hamper access to medicines in compliance with the Doha Declaration on TRIPS and Public Health.
Amendment 93 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 3 – indent 3 a (new)
Paragraph 5 – point 3 – indent 3 a (new)
- carefully scrutinise existing provisions and negotiating directives on financial services in and for trade agreements, in order to eliminate inconsistencies and incompatibilities between the liberalisation of financial services and efforts to guarantee regulation and transparency and supervision of the European financial sector, and avoid relocation of financial institutions to evade EU rules;
Amendment 95 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 3 – indent 3 b (new)
Paragraph 5 – point 3 – indent 3 b (new)
- support national governments to fight tax evasion and establish information exchange and supervisory mechanisms on corporate payments;
Amendment 100 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 4 – indent 4
Paragraph 5 – point 4 – indent 4
Amendment 104 #
2012/2225(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. SupportsTakes note of the Commission proposal concerning the differentiation of EU aid for trade and the focusing of efforts on those countries in most need of this, and particularly the less developed countries (LDCs) and low-income countries; calls on the Commission, nevertheless, not to take revenue (gross national product) as its sole criterion, but also to take into account a country's general level of development and its needs, capacities and internal development inequalities; urges the Commission to take into account the principles of the Enhanced Integrated Framework (EIF) for the LDCs;
Amendment 114 #
2012/2225(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the work done by the international institutions (WTO, UNCTAD, UNIDO, OECD, World Bank and multilateral development banks, and the G20) in the field of aid for trade; believes that, in the framework of Aid for Trade programmes, the inclusion of compensation measures for DCs is crucial to balance the losses stemming from trade liberalisation; believes that a system should be established for international, national and local cooperation between donors and that the WTO should play a leading role in doing this;
Amendment 116 #
2012/2225(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the lack of international coordination of investment policies; welcomestakes note of the agreement reached by the European Parliament and the Council on transitional arrangements for bilateral investment agreements between Member States and third countries; encourages the Commission to develop an EU policy on international investment which reflects the capacity of states to generate their own rules, and particularly social and environmental standards and which encompasses obligations for investors concerning social and environmental standards as, amongst other, proposed in the UNCTAD's Investment Policy Framework for Sustainable Development; stresses the fact that DCs suffer disproportionally from high costs of investor-to-state dispute settlement and that the majority of investor-to-state law suits are filed against DCs;
Amendment 118 #
2012/2225(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Urges the Commission to produce disaggregated data on outbound EU foreign direct investment (FDI) to DCs and LDCs, while considering the following categories of investment: mergers and acquisitions, intra-company shuffling of assets, speculative investment and green investment;
Amendment 119 #
2012/2225(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Believes that cooperation should also focus on capacity and institution building in order for DCs to be able to frame the necessary conditions for investment, such as building tax collection capacities and avoidance of tax evasion and implementing the best standards for accounting;
Amendment 120 #
2012/2225(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the WTO's decision to facilitate accession for LDCs; calls on the developed countries and the major emerging countries which are WTO members to use the derogation applicable to services in the case of LDCs and to apply preferential treatment to services and service providers from LDCs, while giving particular attention to Mode 4 which is a priority for LDCs;
Amendment 124 #
2012/2225(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to propose tangible ways of bolstering its support for swifter and deeper regional integration, with a view to developing regional markets and creating regional value chains; to this purpose, invites the Commission to pay attention to the effects of trade agreements to make sure that bilateral agreements are not in contradiction with the purpose of regional integration; calls on the Commission to consider simplifying and harmonising rules of origin and the means of facilitating their use by small- volume exporters; calls on the Commission to strengthen its partnerships with existing regional institutions, and particularly the African Development Bank; points to the vital role played by the local private sector in terms of trade integration and economic development;
Amendment 128 #
2012/2225(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. WelcomesTakes note of the conclusion of a first economic partnership agreement (EPA) and calls on the Commission to harness this momentum to relaunch the negotiations on EPAs not yet concluded; at the same time encourages the Commission to take stock of the little progress made so far in concluding EPAs and , on this basis, to open up a reflection process on how to make these agreements more development-oriented; points to the importance of establishing a firm and fair legal and commercial framework for promoting investment in ACP countries in a way that is beneficial to their development; calls on the Commission to take into account the European Parliament's recommendations concerning preference erosion and the flexibility and scope of tariff dismantling, and to award special attention to implementing the EPAs;
Amendment 131 #
2012/2225(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Stresses that export duties are fully compatible with WTO rules and reminds of the importance of supporting DCs in diversifying their economy and building a sustainable industry;
Amendment 136 #
2012/2225(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Encourages the Commission to include Trade and Sustainable Development chapters in bilateral trade agreements with binding environmental and labour rules and CSR clauses; additionally, the Commission should offer cooperation to help DCs and LDCs meet those standards; believes that a strong involvement of civil society in the monitoring of the implementation of such chapters increases the awareness and the acceptance of environmental and social standards;
Amendment 139 #
2012/2225(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Recommends that the Commission negotiate the inclusion of binding and enforceable human rights provisions, in addition to social and environmental provisions, in all future trade agreements in order to increase the effectiveness and credibility of the EU's conditionality policy;
Amendment 140 #
2012/2225(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18 c. Urges the Commission to implement the guidance prepared by the UN rapporteur on the right to food which calls on the use of Human Rights impact assessments: "Guiding Principles on Human Rights Impact Assessment of Trade and Investment Agreements" when concluding trade and investment agreements, to ensure these are consistent with obligations under international human rights instruments; (Justification: the guiding principles are aimed at providing States with guidance on how best to ensure that trade and investment agreements they conclude are consistent with their obligations under international human rights instruments. As the EU has signed up to these instruments, implementing this guide would be a clear example of Policy Coherence for Development.)
Amendment 9 #
2012/2224(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Encourages developing countries to incorporate the goal of economicsustainable development into all their national policies, strategies and initiatives; asks the Commission to work on building up governments' capacity to incorporate issues linked to sustainable economic development into their national trade strategies and programmesdevelopment, including the reduction of social inequality, into their national trade strategies and programmes, as well as on better involving and consulting civil society in policy-making;
Amendment 16 #
2012/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges countries in receipt of trade development aid to mobilise their own domestic resources, including human capital, alongside this; hopes that in cases where these countries derive their income from the exploitation of natural resources, the Commission will target its action at supporting transparent and sustainable exploitation of said resources and will support DCs and LDCs to reduce their dependency on the export of natural resources by eliminating tariff escalation practices and accepting the application of export duties as a fundamental source of revenue to finance domestic development and economic policies;
Amendment 21 #
2012/2224(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that the European Union's trade and investment development aid tools, in particular the revised Generalised Scheme of Preferences and the economic partnership agreements, are effective; stresses nonetheless that trade aidtools supporting development cannot be reduced to these instruments alone and urges the Commission to increase the share of its total aid budget that is allocated to technical assistance;
Amendment 26 #
2012/2224(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Urges the Commission to assess the impact of trade agreements on regional integration and erosion of preferences; deplores the approach of Global Europe that has translated into broad EPAs going well beyond development goals;
Amendment 29 #
2012/2224(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Asks the Commission to include a binding CSR clause in all bilateral trade and investment agreements signed by the EU, as defined and acknowledged at the international level, while unifying the existing variety of different standards and concepts in order to ensure comparability, fairness and trust; suggests that it contains measures for the implementation and regular objective monitoring of these principles and measures that insure better compliance;
Amendment 31 #
2012/2224(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Recommends that the Commission negotiate the inclusion of actually enforceable human rights provisions in all future bilateral trade and cooperation agreements, in order to really contribute to a rights-based approach to development;
Amendment 4 #
2012/2214(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Encourages all agencies to do everything possible to manage their budgets responsibly and to aim at improving their management to the highest possible level so as to avoid any critical remarks of the Court of Auditors in the future; requests, in particular, improvements regarding budget planning which should not overestimate needs and respect the principle of annuality; calls on the agencies to strive for the highest possible degree of transparency;
Amendment 5 #
2012/2214(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that some agencies in the Area of Freedom, Security and Justice are operational ones and that the implementation of their budget also depends on external factors, which should be considered while planning;
Amendment 4 #
2012/2205(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes note of the comments made by the Court of Auditors regarding the lack of procedures for exceptions, the not yet fully validated accounting system, the room for improvement regarding procurement procedures, the not yet adopted detailed rules and procedures to implement Europol's financial regulation, the non- inclusion of provisions on dilapidation costs of the new building, the weaknesses found as regards the physical verification and recording of assets before and after the move to the new headquarters, the room for improving the transparency of recruitment procedures as well as the high percentage of staff who carried over annual leave in excess of 12 days to the following year which can only be done in exceptional circumstances; welcomeconsiders Europol's replies on these comments and the improvements announced by Europol; calls oninsufficient; urges therefore Europol to improve its management in order to reduce the amount of comments by the Court of Auditors in next year's report;
Amendment 3 #
2012/2200(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the high amount of carry-overs, which the Court of Auditors qualifies in its report as ‘excessive’; notes the reply of Frontex in which it points to the arrival of a large part of additional funds, worth EUR 31,8 Million, only in late October 2011; acknowledges that additional funds of such a volume becoming available relatively late in the year indeed pose a challenge for budgetary management; understands that Frontex is an operational agency and the implementation of its budget planning highly depends on external factors, for instance required reactions on exceptional developments; is nevertheless of the opinion that planning can be improved and that the ordinary, yearly budget procedure should be used with few exceptions.
Amendment 5 #
2012/2199(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes CEPOL’s progress in financial management achieved in recent years and encourages CEPOL to continue this way; in this context takes note ofregrets the weaknesses in budget planning, notably as regards the high level of carry-overs and excessive number of transfers, as well as regarding transparency in the recruitment procedures as indicated in the opinion of the Court of Auditors and in CEPOL’s reply;
Amendment 6 #
2012/2153(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Draws attention to the critical situation as regardsontinuous violation of basic human rights and fundamental freedoms, especially workers’ rights, which also gives rise to unfair competitive advantages; stresses, therefore that a binding trade and s in the wake of the killing of oil workers in December 2011, and is deeply concerned about the unfair trial against Vladimir Kozlov and others, charged to have incited the December protest; is ready to reject any enhanced PCA which fails to include a Sustainable dDevelopment chapter must be included in the new agreementproviding for binding social and environmental standards and subject to the PCA dispute settlement mechanism;
Amendment 13 #
2012/2153(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that a strong services and establishment chapter andUnderlines the potential that trade in services in a perspective of a policy of convergence of Kazakhstan towards EU standards and regulatory systems (including SPS, TBT and IPR) would lead to increased trade flows and investments, which would favourcould have on the modernisation and diversification of Kazakhstan’s economy; underlines the importance of improving licensing procedures in Kazakhstan in order to facilitate services and investment;
Amendment 19 #
2012/2153(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on Kazakhstan not to restrict trade and investment in the raw material sectors in an unfair and unjustified manner; calls on Kazakhstan to comply with the Ethe Commission and the EEAS to assist Kazakhstan in matters of a more sustainable resource management as a key dimension of guaranteeing a continuous access of EU industries to raw materials at a fair price, including the setting up of appropriate regulatory and transparent taxation frameworks for extractive industries according to the recommendations of the Extractive Industries Transparency Initiative (EITI) and standards set by the Dodd-Frank Act in the US; calls on the EU Member States to make sure that lending by national Export Credit Agencies and the EIB into extractive Iindustries Transparency Initiative (EITI).y projects are assessed on their impact on EU policy goals, especially human rights, poverty eradication, climate targets and coherence with general EU development policy goals, prior to any lending decision;
Amendment 24 #
2012/2153(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a (new). Considers the new investment policy competence of the EU as a potentially helpful tool of fostering sustainable resource use by helping Kazakhstan to leverage more benefits from foreign investments; considers that EU investor rights in resource rich developing countries such as Kazakhstan must be carefully balanced with guaranteeing policy space for its government to protect food security and land reform programs, halt further deforestation, and enact environmental policies minimizing the negative impacts of resource extraction; considers that a investment chapter in a PCA with Kazakhstan should allow for local content requirements and capital controls;
Amendment 26 #
2012/2153(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b (new). Notes with great concern that Kazakhstan's legislation obliges websites hosted under a .kz suffix to route traffic through Kazakh territory creating competitive disadvantages for service providers located in other countries and leading to a severe restriction of the open nature of the Internet which is based on the equal treatment of all market actors; calls on non-discriminatory treatment of all service providers and an open environment for competition in the information and communications technologies sector to be lead marks in the Council's and Commission's approach to the Kazakhstan partnership.
Amendment 9 #
2012/2098(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Agrees that current environmental and climate change imperatives and the development of global production chains demand a broader CSR concept coverage than envisaged when the concept was first conceived; hence considers necessary to spell out an updated CSR concept, relating to labour and human rights and employment issues, as well as to environmental protection, climate change concerns, and avoidance of corruption and tax evasion;
Amendment 14 #
2012/2098(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Asks the Commission to include a binding CSR clause in all bilateral trade and investment agreements signed by the EU, on the basis of principles of CSR as defined and acknowledged at the international level; suggests that this clause contain measures for the implementation of these principlesunifies the existing variety of different standards and concepts in order to ensure comparability, fairness and trust, and that it contains measures for the implementation and regular objective monitoring of these principles and measures that insure better compliance; suggests to revise existing agreements with the purpose to add such a CSR clause where lacking;
Amendment 22 #
2012/2098(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers the "Guiding Principles on Business and Human Rights: Implementing the United Nations 'Protect, Respect and Remedy' Framework", or so called Ruggie Framework, endorsed by the UN Human Rights Council on 16 June 2011, as the most comprehensive and innovative framework, to be enshrined in EU trade agreements with third countries;
Amendment 41 #
2012/2098(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the EEAS to ensure that EU trade officers, if based in EU embassies, enjoy a regular training on CSR issues, in particular with respect to the implementation of UN "Protect, Respect and Remedy" principles; that EU embassies function as EU Contact Points for complaints concerning EU companies and their subsidiaries, since OECD National Contact Points only exist in OECD adhering countries and therefore are not accessible in practice for concerned workers affected in countries outside the OECD;
Amendment 43 #
2012/2098(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that awareness rising for the importance of CSR and the consequences of non compliance at corporate level, as a task for the EU Commission, must be accompanied by adequate awareness and capacity building at the level of host country governments, to effectively ensure the implementation of CSR rights and access to justice;
Amendment 9 #
2012/2097(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Agrees that current environmental and climate change imperatives and the development of global production chains demand a broader CSR concept coverage than envisaged when the concept was first conceived; hence considers necessary to spell out an updated CSR concept, relating to labour and human rights and employment issues, as well as to environmental protection, climate change concerns, and avoidance of corruption and tax evasion;
Amendment 14 #
2012/2097(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Asks the Commission to include a binding CSR clause in all bilateral trade and investment agreements signed by the EU, on the basis of principles of CSR as defined and acknowledged at the international level; suggests that this clause contain measures for the implementation of these principlesunifies the existing variety of different standards and concepts in order to ensure comparability, fairness and trust, and that it contains measures for the implementation and regular objective monitoring of these principles and measures that insure better compliance; suggests to revise existing agreements with the purpose to add such a CSR clause where lacking;
Amendment 22 #
2012/2097(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers the "Guiding Principles on Business and Human Rights: Implementing the United Nations 'Protect, Respect and Remedy' Framework", or so called Ruggie Framework, endorsed by the UN Human Rights Council on 16 June 2011, as the most comprehensive and innovative framework, to be enshrined in EU trade agreements with third countries;
Amendment 41 #
2012/2097(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the EEAS to ensure that EU trade officers, if based in EU embassies, enjoy a regular training on CSR issues, in particular with respect to the implementation of UN "Protect, Respect and Remedy" principles; that EU embassies function as EU Contact Points for complaints concerning EU companies and their subsidiaries, since OECD National Contact Points only exist in OECD adhering countries and therefore are not accessible in practice for concerned workers affected in countries outside the OECD;
Amendment 43 #
2012/2097(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that awareness rising for the importance of CSR and the consequences of non compliance at corporate level, as a task for the EU Commission, must be accompanied by adequate awareness and capacity building at the level of host country governments, to effectively ensure the implementation of CSR rights and access to justice;
Amendment 3 #
2012/2092(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers it necessary to put in reserve a large share of the budgetary lines related to internal security until a satisfactory outcome is achieved on Schengen governance, following the decision of the Conference of Presidents of 15 June 2012 to block five files, including the 2013 budget, as regards internal security to express disagreement with the Council's decision on Schengen governance;
Amendment 6 #
2012/2092(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the budgetary lines foreseen under ICI/ICI+ or under cooperation with developing countries other than development assistance should not be affected by budgetary cuts and increased a minima at the inflation r, in order to facilitate, all the more since this line serves our key commercial relations and the objectives assig smooth transition of these budget lineds to these lines have been regularly expanded broader Partnership Instrument from 2014 onwards;
Amendment 13 #
2012/2092(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Is concerned about Parliament's and civil society's capacities to adequately monitor the growing complexity and proliferation of bilateral EU trade negotiations and therefore supports the proposal for a Pilot Project to establish an umbrella organization ("Trade Watch") gathering systematically the independent analytical knowledge needed for Parliamentarians to implement Parliament's prerogatives to supply a timely and informed consent to EU trade agreements;
Amendment 14 #
2012/2092(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Considers that a possible increase of administrative expenditures of the Commission in order to enable DG Trade to conduct a growing number of negotiations for trade agreements with third countries should be conditional on the financing of the Pilot Project "Trade Watch", so that an increased pace and number of EU trade negotiations can be adequately monitored by Parliamentarians and civil society;
Amendment 93 #
2012/2036(INI)
Motion for a resolution
Paragraph 1 – point z b (new)
Paragraph 1 – point z b (new)
(z b) to address, on all UN levels including UNGA and the United Nations Framework Convention on Climate Change (UNFCCC), the issue of environmentally induced internal and cross-border displacement, in order to find common definitions and legal solutions for all kinds of displacement, be it after sudden-onset catastrophes, slow environmental degradation or the sinking of small island states; to adopt a human- rights-based approach in doing so, by analysing the numerous links between climate-induced displacement and different human rights, and the advantages that human rights offer in addressing environmentally induced displacement by bridging the different legal and scientific aspects of the issue;
Amendment 4 #
2012/2029(INI)
Draft opinion
Paragraph 5a (new)
Paragraph 5a (new)
5a. Notes that the expansion of agrofuels has relied overwhelmingly on the expansion of large-scale industrial monoculture, thereby extending agricultural practises that are harmful for the environment, biodiversity, soil fertility and water availability; expresses its concern that, by encouraging concentration of land ownership, the expansion of agrofuels may have dramatic consequences in terms of violation of land rights, loss of access to vital natural resources, deforestation and environmental degradation;
Amendment 5 #
2012/2029(INI)
Draft opinion
Paragraph 5b (new)
Paragraph 5b (new)
5b Recalls that biomass production for energy purposes can compete with current agricultural (arable and pasture) land; and thereby affecting food availability; in particular, points out that large wood use may contribute to deforestation, degradation of land and even desertification in some regions;
Amendment 6 #
2012/2029(INI)
Draft opinion
Paragraph 5c (new)
Paragraph 5c (new)
5c. Expresses its concern about the absence of any binding sustainability criteria for biomass production within the framework of the Renewable Energy Directive (RED); consider, under those circumstances, that bioenergy could play a negative role in the fight against climate change as well as becoming a major additional driver of land grabs, food insecurity, deforestation and forest degradation in developing countries, accordingly, urges the Commission to develop legally binding sustainability criteria that prevent negative climate, environmental and social impacts from the use and production of biomass for energy;
Amendment 7 #
2012/2016(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the cuts proposed by the Commission in the programmes for preventing and fighting crime and terrorism, considering the importance of this area for the EU as proven by the recent setting-up of the Special Committee on Organised Crime, Corruption and Money Laundering and stresses that money needs to be available for crime prevention;
Amendment 15 #
2012/2016(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the budget increase for the four funds under the Solidarity and Management of Migration Flows programme; deeply regrets, however, the fact that the amounts foreseen in the financial programming for 2007-2013 are maintained only for the Refugee Funfor the Integration Fund is reduced;
Amendment 21 #
2012/2016(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Asks the Commission to justify the further increased financial needs for SIS II and inquires when it will finally be operational;
Amendment 27 #
2012/2016(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that, in the light of its new mandate, Frontex should be allocated additional staffappoint a Fundamental Rights officer as soon as possible and any additional budget for new posts should be put in the reserve, until this post is filled;
Amendment 33 #
2012/2002(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Regrets that the Agenda for change failed to put forward proposals to implement Policy Coherence for Development in practice by linking development aid with other EU policy areas, such as agriculture, fisheries, trade, tax, climate change, investment, access to raw materials;
Amendment 34 #
2012/2002(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Observes that the blending mechanism, as it stands now, is proposed to mix public grants with financial institutions loans and other risk-sharing mechanisms, in a time of financial crisis implying budget constraints for development; therefore requests the Commission to provide clear information on how this mechanism serves the purpose of a development policy based on ODA criteria and how the scrutiny power of the EP will be exercised;
Amendment 38 #
2012/2002(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Regrets that the Commission maintained its inclusive growth policy, while evidence has shown that economic growth can take place in a country without having a real impact on poverty reduction; requests the EU to review this policy in favour of sustainable development policies including fair trade, redistribution of wealth and social justice so as to improve the living and working conditions of the whole population, both in urban and in rural areas;
Amendment 40 #
2012/2002(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Considers that the Agenda for change should bring a real policy shift, by focusing on a rights based policy approach fulfilling individual and collective rights of the population in developing countries, such as the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Declaration on the Right to Development, as well as the Treaties to protect the environment;
Amendment 66 #
2012/2002(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. While recognising the development- security nexus, is convinced that the EU budget for development should remain separate from the financing of security related issues, which is a matter of home affairs;
Amendment 67 #
2012/2002(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Requests the Commission to clarify the development-migration nexus and insists that development budgets in this field should only support the purpose of an integrated regional development plan on the main immigration areas, such as job creation, installation of infrastructure for drinking water, electricity, health centres, schools ...etc;
Amendment 71 #
2012/2002(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Insists that national parliaments play a leading role, as they are the best placed to identify priority sectors for budget allocation, demands therefore that national parliaments adopt Country Strategy Papers and multiannual budget allocations in consultation with civil society, prior to a policy dialogue with EU in order to empower parliamentary scrutiny and to make ownership a reality;
Amendment 98 #
2012/2002(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Is of the view that sustainable development implies effective domestic tax collection; automatic disclosure of transnational corporations’ profit and tax payment in each individual developing countries where they operate; fight against abuses of tax havens, tax evasion and illicit capital flights; welcomes in this regard the EU draft legislation on country by country and project by project reporting, which should be included in the EU Agenda for Change policy;
Amendment 100 #
2012/2002(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Believes that the EU Aid for Trade and trade facilitation instruments, which currently target only the export sectors, need to change in order to facilitate trade for local markets;
Amendment 115 #
2012/2002(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Reiterates its demand to include in the Agenda for Change the obligations and the duties of foreign investors operating in developing countries to respect human rights, environmental and ILO core labour standards; considers that EU companies should be legally liable in their home countries for violation of these obligations and duties by their subsidiaries abroad and for the entities they control;
Amendment 116 #
2012/2002(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Calls on the EU to recognise the right of developing countries to regulate investment, favour investors who support the partner country’s development strategy, give preferential treatment to domestic and regional investors to promote regional integration;
Amendment 117 #
2012/2002(INI)
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. Regrets that the Agenda for Change has not addressed the issue of land leasing in developing countries, which threatens local food security; expresses its deep concern about the current farmland acquisition by government backed foreign investors including from the EU, which risks undermining the EU policy to combat poverty;
Amendment 21 #
2012/0163(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Agreements providing for investment protection typicallyIn the cases where it is justifiable, future investment protection agreements concluded by the Union can include an investor-to- state dispute settlement mechanism, which allows an investor from a third country to bring a claim against a state in which it has made an investment. Investor-to-state dispute settlement can result in awards for monetary compensation. Furthermore, significant costs for administering the arbitration as well as costs relating to the defence of a case will inevitably be incurred in any such case.
Amendment 25 #
2012/0163(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The proper management of financial responsibility relating to investor-to-state dispute settlement procedures is intimately linked with and dependent on the Union's and the Member States' exposure to liability resulting from the substantive standards that will be applied by arbitral tribunals having jurisdiction under an investment agreement concluded by the Union. In order to be able to assess the potential liabilities involved and to provide for a practically efficient framework for managing this financial responsibility, it is necessary to delineate the outer limits of the financial responsibilities involved.
Amendment 26 #
2012/0163(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) The consolidated case law of the Court of Justice of the European Union on the protection of fundamental rights of the European Union relating to economic activity, the adoption of the Charter of Fundamental Right, and the Union's accession to the European Convention of Human Rights, together with the court system established by the Treaties for the safeguarding of these rights and the possibility of obtaining damages in case of their violation by act of the Union or Member States, offer investors both from the Union and from third countries a level of protection that is today among the highest afforded by any national or supra- national entity.
Amendment 27 #
2012/0163(COD)
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
Amendment 28 #
2012/0163(COD)
Proposal for a regulation
Recital 3d (new)
Recital 3d (new)
(3d) Delineation of the outer limits of financial responsibilities under this Regulation is also linked to the safeguarding of the Union's legislative powers exercised within the competences defined by the Treaties, and controlled for their legality by the Court of Justice, which cannot be unduly restrained by potential liability defined outside the balanced system established by the Treaties. Accordingly, the Court of Justice has clearly confirmed that the Union's liability for legislative acts especially in the interaction with international law must be framed narrowly and cannot be engaged without the clear establishment of fault.1 Future investment agreements to be concluded by the Union should respect these safeguards to the Union's legislative powers and should not establish stricter standards of liability allowing a circumvention of the standards defined by the Court of Justice. ______________ 1 FIAMM and Fedon v. Council and Commission [2008] ECR I-6513
Amendment 30 #
2012/0163(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In its resolution on the future EU International Investment Policy, the European Parliament has explicitly called for the creation of the mechanism provided for in this Regulation. Furthermore, the Council requested the Commission to study the matter in its Conclusions on a Comprehensive International Investment Policy of 25 October 2010. This Regulation aims at providing for such a mechanism and the operation such mechanism should also be ensured and implemented by every future investment agreement concluded by the Union.
Amendment 32 #
2012/0163(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Financial responsibility should be allocated to the entity responsible for the treatment found to be inconsistent with the relevant provisions of the agreement. This means that the Union should bear the financial responsibility where the treatment concerned is afforded by an institution, body or agency of the Union. The Member State concerned should bear the financial responsibility where the treatment concerned is afforded by a Member State. However, where the Member State acts in a manner required by the law of the Union, for example in transposing a directive adopted by the Union, ithe Union should not bear financial responsibility in so far as the treatment concerned is required by Union law and the decision on the Union's liability for its underlying legislative act should be reserved to the Court of Justice of the European Union. The regulation also needs to foresee the possibility that an individual case could concern both treatment afforded by a Member State and treatment required by Union law. It will cover all actions taken by Member States and by the European Union.
Amendment 41 #
2012/0163(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Equally, when a Member State acts as respondent it is appropriate that it keep the Commission informed of developments in the case and that the Commission can, where appropriate, require that the Member State acting as respondent takes a specific position on matters thaving at might affect Union interests.
Amendment 51 #
2012/0163(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The provisions of this Regulation shall become integral part of any investment agreement to which the Union is a party.
Amendment 56 #
2012/0163(COD)
Proposal for a regulation
Article 2 – point d
Article 2 – point d
(d) ‘"investor-to-state dispute settlement’" means a mechanism provided for by an agreement by which a claimant may initiate claims against the Union or a Member State;
Amendment 58 #
2012/0163(COD)
Proposal for a regulation
Article 2 – point f a (new)
Article 2 – point f a (new)
(fa) "treatment" means any administrative act or decision by the Union or a Member State that affects a foreign investment in the Union;
Amendment 65 #
2012/0163(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 76 #
2012/0163(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
As soon as the Commission receives a request from a claimant for consultations or a claim to arbitration or as soon as the Commission is informed about a request for consultations or a claim against a Member State, the Commission shall promptly inform the European Parliament about the name of the claimant, the provisions of the agreement alleged to have been breached, the economic sector involved, the treatment alleged to be in breach of the agreement and the amount of damages claimed.
Amendment 87 #
2012/0163(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) othe dispute raises unsettled issues of law which may recur in other disputes under the same or or overriding interests of ther Union agreements concerning treatment afforded by the Union or other Member Sta at stake in the disputes.
Amendment 90 #
2012/0163(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Where the Union assumes to act as respondent according to a decision of the Commission pursuant paragraph 2 or the default rule set out in paragraph 1, such determination of the respondent status shall binding on the claimant and the arbitral tribunal.
Amendment 112 #
2012/0163(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Where a Member State is respondent in a dispute exclusively concerning treatment afforded by its authorities and decides to settle the dispute, it shall notify the Commission of the draft settlement arrangement and shall inform the Commission of the negotiation and the implementation of the settlement.
Amendment 2 #
2011/2286(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that the EU's development cooperation strategy towards Latin America, as designed in the Regional Strategy Programme 2007-2013, is based on the assumption that open markets, trade liberalisation and investment will promote economic growth, which in turn will reduce poverty; underlines however that the links between growth, trade, development and poverty reduction are neither simple nor automatic; in light of this, encourages the European Commission in the context of the debate on the future development cooperation policy of the EU to undertake a broad and deep reflection on the current development model it aims to promote to alleviate effectively poverty;
Amendment 3 #
2011/2286(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Urges the Commission prior to definition of its cooperation towards Latin America to assess the actual impact of EU policies on development goals; in particular, calls on the Commission to draw lessons from the past decades, in particular from Latin America's experience in implementing policies under the so-called Washington Consensus that generated economic growth but had negative impacts in most countries in terms of increasing inequality, while reducing and limiting policy space;
Amendment 37 #
2011/2286(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Notes that while social cohesion is considered to be a central objective in EU cooperation with Latin America, the EC's call for inclusive growth fails to provide concrete measures to ensure that economic growth will contribute to the overall objective of poverty reduction;
Amendment 43 #
2011/2286(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. CStresses that social cohesion is closely linked to other policies such as trade, investment and finance; considers that the DCI must integrate social cohesion objectives more efficiently in its thematic, national and regional programming, mainly by supporting fairer fiscal, tax and social policies which promote equality, access to public services and decent work;
Amendment 51 #
2011/2286(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Notes with concern that the EU's Association/Free Trade Agreements with Central America, Colombia and Peru include less binding multilateral standards on social, labour and environmental rights than the GSP+; in particular, deplores that these Agreements do not include effective mechanisms to condition commercial preferences on the fulfilment of these rights, thereby making it more difficult to confront their violations;
Amendment 52 #
2011/2286(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Points out that the EU's Association/Free Trade Agreements with Central America, Colombia and Peru shall in no circumstances conflict with the objective of Policy Coherence for Development; accordingly, urges the Commission to rebalance its agreements with Latin America to specifically ensure that development needs and concerns are properly reflected in trade-related chapters such as financial services, government procurement and intellectual property rights, be it in any ongoing negotiation process (Mercosur), before its ratification (Central America, Columbia/Peru) or at the moment of its revision (Mexico, Chile);
Amendment 53 #
2011/2286(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Calls on the EU to ensure that resources earmarked for development are not diverted to the promotion of other EU interests, such as security and trade;
Amendment 54 #
2011/2286(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. REmphasises that the new DCI should foster the regional integration process; in this respect, recalls that the Association Agreements arcan be a powerful incentive in regional integration;, but argues that the lack of coherence between policies jeopardises this process; notes also that while interregional relations have decreased for the benefit of bilateral relations, this shift towards bilateralism tends to increase the fragmentation and rivalry within Latin America´s regional blocs;
Amendment 63 #
2011/2286(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Is therefore appalled, that in the newly negotiated Association Agreement and FTA with Latin American countries, civil society consultation is explicitly limited to issues related to the Sustainable Development chapter;
Amendment 69 #
2011/2286(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Asks the Commission to strongly support consultation processes of the local communities concerned by extractive projects, such as the new law on prior consultation in Peru and to play an active role in preventing criminalization of protests; reiterates also, in this context, the importance of ensuring country-by- country reporting of extractive industries, as foreseen in the proposal of the Directive on accounting and Transparency, as a tool to clamp down on corruption, bribery and tax evasion;
Amendment 73 #
2011/2286(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Asks the EU to make the fight against impunity an absolute priority of its development with Latin America, and to present by the end of 2012 a Communication on that topic with chapters on judicial cooperation, on financial cooperation and information exchange, and on victims' protection;
Amendment 74 #
2011/2286(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18 c. Expresses its concern about increased violence against women; asks the Commission to establish clear responsibilities within the EEAS and coordinate relevant actions of EU delegations with those of Member States' embassies in the countries at stake to convert the Declaration of the High Representative Catherine Ashton on feminicide of June 2010 into concrete policies allocated with sufficient resources;
Amendment 75 #
2011/2286(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18 d. Asks the Commission to provide political and financial support to the work of the Inter-American System of Human Rights in the issue of feminicide and contribute to the implementation of its sentences;
Amendment 76 #
2011/2286(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18 e. Invites the Commission to actively take part in and regularly raise the topic within political dialogues, and in particular the existing human rights dialogues, and offer cooperation in the search for remedies to eliminate violence against women and feminicide in the context of the bi-regional partnership.
Amendment 77 #
2011/2286(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Insists that the EU does not promote or support large scale agrofuel production through its development cooperation, due to its negative impacts on food security, deforestation, access to land and the environment;
Amendment 84 #
2011/2286(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. EmpNotes that mechasnises the importance of the Investment Mechanism for Latin Americams such as the Latin American Investment Facility are meant to become increasingly important in EU development cooperation, the priorities of which are energy efficiency, renewable energy, transport, protection of biodiversity and support for SMEs, and; highlights its important role in regional integration and in the region's international competitiveness agendathat civil society plays a central role of scrutiny of development policies; but notes that there is no mechanism foreseen within the LAIF structure to ensure civil society representation and participation; accordingly, calls on the Commission to ensure that civil society representation and participation is guaranteed in order to ensure effective monitoring and follow-up of EC development cooperation funds;
Amendment 118 #
2011/2286(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EU, by means of the Association Agreements and its development aid, continues toshall provide significant support for the development and stabilisation process in the region; whereas the possibility that it may no longer do so when the results of this process are consolidated is a cause for serious concern;
Amendment 129 #
2011/2286(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the fight against poverty, inequality, exclusion and discrimination, – especially of women and minority ethnic groups–, as well as the promotion of social cohesion and human rights, shall continue to be a key priority of the EU-LA strategic partnership;
Amendment 1 #
2011/2231(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. NotDeplores the very high level of carryovers, representing 28 % of the budget of the Agency; takes note of the justifications given by the Agency, namely the need to ensure continuity in the Agency's operational activities and to allocate funds for deployment in the first quarter of the following year; reiterates that the carryover of appropriations should not hamper sound financial management practices; requests that the Agency follow the principle of annuality in the future;
Amendment 2 #
2011/2111(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that the BRICS countries are too diverse for the EU to pursue a single policy towards them; suggests instead thathowever, suggests that while the EU should try to find coherent patterns and areas of BRICS interest (technical cooperation and assistance, alignment of legislative requirements, etc.) which could allow the EU to establish itself as a primary BRICS partner and to exploit its comparative advantages, such as advanced environmental legislation, experience in regional cooperation and expertise in setting up systems for reducing social inequalities (e.g. efficient tax and social protection systems);, the EU should strive to engage further BRICS countries in multilateral settings to address global issues, as in the case of climate change, sustainable development (in the context of Rio + 20), fight against poverty, etc.
Amendment 6 #
2011/2111(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Likewise, calls on the EU to enhance political dialogue and cooperation with BRICS to push further forward the reform of global financial and economic governance institutions, i.e. the Bretton Woods institutions, with the aim to ensure broad representation of all member countries while reflecting changes in economic weight.
Amendment 7 #
2011/2111(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the importance of getting BRICS countries engaged with the issue of climate change and in taking a responsible role in international climate talks.
Amendment 8 #
2011/2111(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that the EU must decide whether it wants toshould establish a closer relationship with BRICS; acknowledges the trade-offs that this would entailpoints out that if the EU decides to further deepen its engagement with BRICS countries by defining bilateral issues of common concern, with the EU hav should not entail trade-off ing to accepterms of effective multilateralism, considering that itEU's preference for binding commitments and institutionalised regimes will not necessarily be shared by those countries;
Amendment 13 #
2011/2111(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that "effective multilateralism" and greater coordination in multilateral fora to address global governance issues should remain the core of enhanced partnership with BRICS countries; in particular, recommends the EU to pursue its effort to engage those countries on this line;
Amendment 16 #
2011/2111(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to define specific areas of cooperation with BRICS in the field of development policy, e.g. cooperation in the health sector, including access to basic health care services and infrastructure, the fight against AIDS, etc. which is not only important within China and other BRICS countries themselves but also a focus of their development cooperation;
Amendment 19 #
2011/2111(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Insists upon the need to upgrade political dialogue with BRICS countries on observance of human rights, social and environmental standards; recalls in this respect that the observance of core labour standards (CLS) and the ILO's decent work agenda are essential to reach the MDGs, as they have a positive impact on the economy of a country, by guaranteeing the socio-political stability and by raising the skill levels of a country's workforce;
Amendment 20 #
2011/2111(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes that BRICS have emerged as important players in the field of external assistance, at times raising the question of the sustainability of the projects financed; calls on the EU to engage BRICS into endorsing the Equator principles, a voluntary set of standards for determining, assessing and managing social and environment risk in project financing;
Amendment 25 #
2011/2111(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that while BRICS are not members of OECD, they are not linked to OECD norms on development aid as well as on OECD guidelines on export credit financing that limit tied aid; regulate credit practices; require exchange of information; impose social, environmental and governance standards on financing activities;
Amendment 1 #
2011/2051(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a (new) Whereas 40% of the global greenhouse gases are emitted in the agriculture sector; whereas agriculture is the main source of methane and nitrous oxide, and both of these greenhouse gases have a much larger warming potential than carbon dioxide; and whereas climate change affects especially poor people in developing countries and diminish farming opportunities;
Amendment 2 #
2011/2051(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b (new) Whereas liberalisation of trade in agriculture has opened the developing countries' doors to low-price imports from Europe, Asia and United States, thereby subjecting locally produced foodstuff to unbearable competition; and whereas these surges of low-priced imports impoverish the domestic farmers and agricultural workers considerably;
Amendment 3 #
2011/2051(INI)
A c new Whereas rural inhabitant in developing countries account for between 70% and 80% of the undernourished; and whereas eradicating extreme poverty and hunger is dependent on improving the living conditions of farmers and agricultural workers in developing countries;
Amendment 4 #
2011/2051(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
A d (new) Whereas the report by the UN special rapporteur for the right to food "Agroecolgy and the Right to Food” shows that agroecology can double food production in entire regions within 10 years while mitigating climate change and alleviating rural poverty; recognizes that long term productivity and food security, especially resilience of agricultural systems to climatic disturbances, depends on due care for natural resources, particularly soil, water use and biodiversity;
Amendment 5 #
2011/2051(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
A e (new) Whereas higher agricultural productivity in Europe goes hand in hand with the use of more soil, feed etc. from developing countries; whereas about 80% of Europe's demand for protein feed crops is met by imports, thereby accounting for an area of 20 million hectares of land use outside Europe; whereas duty-free imports of protein crops and oilseeds in Europe has contributed to deforestation, displacement of communities, loss of biodiversity and increasing food insecurity in South America;
Amendment 12 #
2011/2051(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the widespread concern on the decreasing but accumulatived negative impacts of the CAP on developing countries; regrets that the Commission communication on the CAP towards 2020 does not mention such impacts; asks the Commission to launch a thorough evaluation of the CAP and its impact on developing countries, and calls for the new CAP to include the principle of "‘do no harm"’ to developing countries as a core objective; more broadly, urges the Commission to ensure that CAP legislative proposals respond to the objective of Policy Coherence for Development, as prescribed in article 208 in the Lisbon Treaty;
Amendment 13 #
2011/2051(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a (new) Calls for the EU to ensure consistency between the CAP and its development and trade policies; in particular underlines the need for safeguard clauses in trade agreements and the right for developing countries to protect their agricultural markets;
Amendment 14 #
2011/2051(INI)
Draft opinion
Paragraph 1 b (-new)
Paragraph 1 b (-new)
1 b (new) Highlights that European export subsidies seriously hampered the agricultural development of poor countries by generating unfair competition with their local agriculture, especially in case of absence of effective import protection in the importing country or region (e.g. customs barriers, import quotas, subsidies for local producers, etc.); notes equally that EU agricultural export subsidies has contributed to import surges, and therefore, has made a host of developing countries more dependent on imports, thereby jeopardizing the self- supply of food in these countries and the ability of those populations to feed themselves;
Amendment 16 #
2011/2051(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the post-2013 CAP to eliminate all export subsidies and to decouple direct payments from production, so as to create a level playing field between EU and developing countries' agricultural products; asks the Commission to finance transitional schemes for crops affected by this decoupling, aimed at promoting organic and sustainable farming practice; points out however that banning export subsidies leave unchanged economic distortions resulting from other direct or indirect subsidies, which enable the EU agricultural sector to export agricultural commodities below their average production costs; calls on the EU to support developing countries' demands to protect their food production and to protect their population from the potentially destructive effects of cheap imports;
Amendment 24 #
2011/2051(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a (new) Recommends, in line with the conclusions of the International Assessment of Agricultural Knowledge, Science and Technology for Development, that the EU develops a new food and agriculture policy that supports organic farming and other agro-ecological practises; in particular, calls also on the Commission to reform the CAP by linking direct payments to social and environmental conditions;
Amendment 25 #
2011/2051(INI)
Paragraph 2 b (new)
2 b (new) Recalls that most developing countries are now net importers of food; stresses that CAP contributes to this development in form of directly and indirectly subsidised exports to vulnerable markets in developing countries; recalls that the right to food implies giving policy space to developing countries to enhance their capacity to produce sustainably to feed themselves and their regions; in this context, stresses that developing countries must be able to use necessary tools, including variable customs duties and import quotas (two tools particularly accessible to the poorest countries) to protect their own agricultural development;
Amendment 34 #
2011/2051(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that food is not merely a commodity buand that access to food is foremost a universal human right; a universal human right; underlines in this context that Europe's responsibility towards global food security is primarily an issue of allowing and supporting developing countries to increase and diversify their own production to become more food secure and to meet demands on their local markets, rather than a matter of raising its agricultural exports to developing countries;
Amendment 36 #
2011/2051(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a (new) Expresses its concern that the EU, through its promotion of Economic Partnership Agreement (EPAs) and other bilateral free trade agreements is trying to force a food liberalisation agenda on developing countries and open up agricultural markets; recalls that, while unprotected imports of animal feedstuffs has resulted in high dependency of the EU on animal protein feed sector, food security in Europe was, in contrast, achieved through protection of the agricultural markets; hence, urges the EU to refrain from forcing developing countries to open up their agricultural market;
Amendment 37 #
2011/2051(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b (new) Notes with concern that EU dependence on imported animal feed, particularly soy, has contributed to the growing demand for land abroad, leading to deforestation, the displacement of communities and an expansion of genetically modified soy in South America; accordingly, calls on the Commission to make the reduction of dependency of imported protein feed, i.e. through development and expansion of sustainable protein crops in the EU, one of its main priority;
Amendment 40 #
2011/2051(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. THighlights that price fluctuations of agricultural commodities hit poor countries the hardest; takes the view that, in the context of tackling international speculation in agricultural commodity prices, the new CAP should establish appropriate mechanisms and rules to govern trade in agricultural commodity derivatives and enhance transparency; believes that the EU should lead by example, by establishing within its territory local auctioning agricultural markets and local distribution systems, which increase the bargaining power of smallholders in the food supply chain;
Amendment 4 #
2011/2020(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Deeply regrets that the evaluation of the funds in the area of migration and solidarity was not delivered to Parliament as announced in June 2011, so no conclusions can be drawn from the evaluation and be taken into account for the 2012 budget;
Amendment 5 #
2011/2020(BUD)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls on the Commission to present all relevant evaluations of existing funds and programmes to Parliament in due time before the discussion on the new Multiannual Financial Framework starts;
Amendment 14 #
2011/2020(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Insists on the need for the European Parliament to be informed, in a timely and precise manner, on the execution of the budget, namely what the money is spent on.
Amendment 3 #
2011/2019(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Points up the fact that, without additional sources of funding, the Member States will be unable to honour the commitments entered into in connection with the Millennium Development Goals; advocates establishing a European tax on financial transactions with a view to funding global public goods, i.e. poverty eradication and climate change; recalls that innovative financing for development is not designed to be a substitute for ODA, but is complementary; reiterates its conviction that the introduction of a FTT should therefore be linked with a more binding commitment of all member countries to achieve the 0.7% objective of ODA spending;
Amendment 7 #
2011/2019(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges that expenditure committed to mitigate the impact of climate change on developing countries come from an additional financial injection and not be the result of reclassifying funds originally allocated for development purposesReiterates its conviction that environment issues must be better mainstreamed and financed throughout all external policies, as the environment, natural resources and healthy ecosystems play an essential role to human development and eradication of poverty; supports in this context the proposal to increase the thematic programme on environment and natural resources as a step to fulfil EU's commitments taken at the climate conference in Cancun in 2010; but urges that expenditure committed to mitigate the impact of climate change on developing countries come from an additional financial injection and not be the result of reclassifying funds originally allocated for development purposes; recalls that for this principle to be secured, separate accounting for climate finance is needed; reiterates that in order to make climate funding effective, there is a need to better mainstream climate change concerns into EU development cooperation, while enforcing Policy Coherence for Development;
Amendment 11 #
2011/2019(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that the emerging economies - India, China and Brazil - should no longer be reliant on official development assistance, given that poverty in those countries can be combated with own resources generated by high-growth economies; urges the EU, during the phasing-out period, to target its assistance on capacity-building for the establishment of tax collection, social security and other redistribution systems, while combating equally against tax havens, tax evasion and illicit capital flights, so as to enable countries to raise their domestic revenues, which should lead to the reduction of poverty and of aid dependency;
Amendment 11 #
2011/2019(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that it is necessary to dedicate funding to international protection and integration and not to focus primarily on countering irregular migration and that especially in the current situation, sufficient money should be allocated to the Refugee Fund and EASO;
Amendment 21 #
2011/2019(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Takes the view that, owing to the efforts of the Global Fund to Fight AIDS, Tuberculosis and Malaria, substantial progress has been made in combating these evils; regards the amount allocated to the Global Fund for this purpose as insufficient, however; but recalls that both the horizontal and vertical approaches are necessary and complementary; therefore, urges the EU and Member States to support in developing countries the improvement of basic health systems to be accessible to everyone;
Amendment 24 #
2011/2019(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that the money allocated to programmes that do not yet have a legal basis, such as the IT Agency, should be put in reserve;
Amendment 26 #
2011/2019(BUD)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 48 #
2011/0427(COD)
Draft legislative resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the Geneva Convention of 1951 and the protocols thereof,
Amendment 53 #
2011/0427(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The practice of travelling in small and unseaworthy vessels has dramatically increased the number of migrants and refugees drowning at the southern maritime external borders. EUROSUR should considerably improve the operational and technical ability of the Agency and Member States to detect these small vessels and to improve the reaction capability of the Agency and the Member States for saving the lives of migrants and refugees, leading to a considerable reduction of the loss of migrants and refugees at sea.
Amendment 63 #
2011/0427(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, notably human dignity, prohibition of torture and inhuman or degrading treatment or punishment, prohibition of trafficking in human beings, right to liberty and security, right to the protection of personal data, non-refoulement, non- discrimination and rights of the child. This Regulation should be applied by Member States in accordance with these rights and principles.
Amendment 66 #
2011/0427(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) This Regulation recognises the nature of the mixed flows of migrants and refugees approaching and crossing the Union external borders and takes into account that refugees in need of international protection are often taking the same routes and vessels as migrants; it fully respects the obligations of the Union and the Member States on the protection of refugees under European and international law.
Amendment 69 #
2011/0427(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Any exchange of personal data using the communication network for EUROSUR should remain an exception. It should be conducted on the basis of existing national and Union legal provisions and should respect their specific data protection requirements. The Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data and, in the framework of police and judicial cooperation, the Council Framework Decision 2008/977/JHA 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters are applicable in cases in which more specific instruments, such as Regulation (EC) No 2007/2004, do not provide a full data protection regime.
Amendment 70 #
2011/0427(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Since EUROSUR, under the responsibility of the Agency, is envisaged to contribute to a cross-sectoral information exchange with several other Union agencies and entities as well as international organisations in the framework of CISE, specific safeguards are necessary for the exchange of data with those agencies.
Amendment 76 #
2011/0427(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) Implementation of this Regulation should not affect the application of the Schengen Borders Code nor the Common European Asylum System.
Amendment 78 #
2011/0427(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation establishes a common framework for the exchange of information and cooperation between Member States and the Agency in order to improve the situational awareness and reaction capability to protect the lives of migrants and refugees and to prevent irregular migration and cross-border crime at the external borders of the Member States and of the European Union, while ensuring effective access to international protection, hereinafter referred to as the European Border Surveillance System (EUROSUR).
Amendment 82 #
2011/0427(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to the surveillance of land and sea external borders of the Member States, including measures for monitoring, detection, identification, tracking, prevention and interception of illegal border crossings and for the purpose of protecting and saving lives of migrants and refugees at the external borders.
Amendment 87 #
2011/0427(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. This Regulation shall be without prejudice to the Schengen Borders Code.
Amendment 89 #
2011/0427(COD)
Proposal for a regulation
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
1 b. This Regulation shall be without prejudice to Union legislation as regards asylum and return, human rights, access to international protection as well as human trafficking, especially identification of victims thereof.
Amendment 97 #
2011/0427(COD)
Proposal for a regulation
Article 3 – point b
Article 3 – point b
(b) ‘reaction capability’ means the ability to perform actions aimed at saving the lives of migrants and refugees at sea and countering illegal cross-border movements, including the means and timelines to react adequately to unusual circumstances and emergency situations;
Amendment 106 #
2011/0427(COD)
Proposal for a regulation
Article 3 – point f a (new)
Article 3 – point f a (new)
Amendment 109 #
2011/0427(COD)
Proposal for a regulation
Article 3 – point f b (new)
Article 3 – point f b (new)
(f b) 'interception' means all measures taken by a Member State or the Agency in order to protect the lives and safety of migrants and refugees and to prevent, interrupt or stop cross-border crime or the movement of persons crossing external borders without the required documentation.
Amendment 112 #
2011/0427(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
Amendment 115 #
2011/0427(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) ensure the timely information exchange and cooperation between all national authorities with a responsibility for external border surveillance and rescue at sea, with relevant law enforcement authorities at national level as well as with other national coordination centres and the Agency;
Amendment 119 #
2011/0427(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
(d) support the planning and implementation of all national border surveillance activities; , with a special focus on the protection and saving of lives of migrants and refugees;
Amendment 122 #
2011/0427(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point f
Article 5 – paragraph 3 – point f
(f) measure regularly the effects of national border surveillance activities, including their effect on the protection and saving of lives at sea;
Amendment 127 #
2011/0427(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. TIn accordance with Regulation (EC) No 2007/2004 and with the Agency's Fundamental Rights Strategy, the Agency shall
Amendment 128 #
2011/0427(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 130 #
2011/0427(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. The Consultative Forum and the Fundamental Rights Officer shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency within the framework of EUROSUR, in accordance with Article 26a of Regulation (EC) No 2007/2004.
Amendment 135 #
2011/0427(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) an events layer, containing information on incidents as defined in point (fa) of Article 3 concerning irregular migration, cross-border crime and crisis situations;
Amendment 136 #
2011/0427(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) an analysis layer, containing strategic information, analytical products, intelligence as well as imagery and geo- data.
Amendment 139 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The national coordination centre shall establish and maintain a national situational picture, in order to provide all authorities with responsibilities in border surveillance at national level with effective, accurate and timely information which is relevant for the protection of migrants and refugees and prevention of irregular migration and cross-border crime at the external borders of the Member State concerned.
Amendment 141 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) national border surveillance system, where existing and applicable in accordance with national law;
Amendment 142 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 144 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point g
Article 9 – paragraph 2 – point g
(g) national coordination centres in other Member States and in third countries;
Amendment 145 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point h
Article 9 – paragraph 2 – point h
Amendment 146 #
Amendment 148 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) a sub-layer on irregular migration, which shall contain information on incidents concerning illegalrregular border crossings of migrants and refugees occurring at or nearby the external borders of the Member State concerned, on facilitations of irregular border crossings and on any other relevant irregular migration incident, such as a search and rescue mission for persons attempting to cross the border illegally.
Amendment 150 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a a (new)
Article 9 – paragraph 3 – point a a (new)
(a a) a sub-layer on incidents threatening the lives of migrants and refugees, such as an alert as defined in Chapter 5 point 2 of the International Convention on Maritime Search and Rescue or a search and rescue mission for persons attempting to cross the border irregularly.
Amendment 158 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Each incident in the events layer of the national situational picture shall be assigned with a single indicative impact level, ranging from ‘low’ and ‘medium’ to ‘high’ impact. Incidents regarding migrants and refugees in distress at sea shall be assigned with a 'high' impact level. All events assigned with a ‘medium’ to ‘high’ impact level shall be shared with the Agency.
Amendment 160 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 6 – point a
Article 9 – paragraph 6 – point a
(a) an information sub-layer, which shall contain key developments and indicators relevant for the analysis of irregular migration, the protection of lives of migrants and refugees at sea and cross- border crime.
Amendment 162 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 6 – point c
Article 9 – paragraph 6 – point c
(c) an intelligence picture sub-layer, which shall contain migrantion profiles, routes, their potential threat for the lives of migrants and refugees, information on the impact levels attributed to the external land and sea border sections and facilitation analysis.
Amendment 164 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 6 – point c a (new)
Article 9 – paragraph 6 – point c a (new)
(c a) a sub-layer with a specific analysis based on weather conditions, routes, occurring emergency situations and other available information shall be included in order to identify potential danger zones for the lives of migrants and refugees at sea
Amendment 165 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 6 – point d
Article 9 – paragraph 6 – point d
(d) an imagery and geo-data sub-layer, which shall contain reference imagery, background maps, intelligence validation assessments, change analysis (earth observation imagery) as well as change detection, geo-referenced data and border permeability maps.
Amendment 167 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 9 – point a
Article 9 – paragraph 9 – point a
(a) all incidents, as defined in point (fa) of Article 3 concerning irregular migration and cross-border crime and other significant events contained in the events layer;
Amendment 169 #
2011/0427(COD)
Proposal for a regulation
Article 9 – paragraph 9 a (new)
Article 9 – paragraph 9 a (new)
9 a. All information on situations where migrants and refugees are found in distress at sea shall be shared immediately with the Agency and the national coordination centres, which shall immediately inform the Maritime Rescue Coordination Centre responsible for the area in which the situation occurs.
Amendment 171 #
2011/0427(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency shall establish and maintain a European situational picture in order to provide the national coordination centres with information and analysis which is relevant for the protection of the lives of migrants and refugees and the prevention of irregular migration and cross-border crime at the external borders of the Member States.
Amendment 174 #
2011/0427(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) national situational pictures, including basic information received under Article 9(85);
Amendment 176 #
2011/0427(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
Amendment 179 #
2011/0427(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) incidents as defined in point (fa) of Article 3 regarding irregular migration and cross-border crime as well as crisis situations and on other events contained in the events layer of the national situational picture, which has been assigned with a medium or high impact level by the national coordination centre;
Amendment 180 #
2011/0427(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) incidents as defined in point (fa) of Article 3 regarding irregular migration and cross-border crime as well as crisis situations and other events contained in Common Pre-Frontier Intelligence Picture, once it iswhich havinge a moderateedium or shignificanth impact on the external borders of the Member States;
Amendment 183 #
2011/0427(COD)
Proposal for a regulation
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) an information sub-layer, which shall contain key developments and indicators relevant for the analysis of irregular migration, the protection of migrants and refugees and cross-border crime;
Amendment 186 #
2011/0427(COD)
Proposal for a regulation
Article 10 – paragraph 6 – point c
Article 10 – paragraph 6 – point c
(c) an intelligence picture sub-layer, which shall contain migrantion profiles, routes, their potential threat for the lives of migrants and refugees, information on the impact levels attributed to the external land and sea border sections and facilitation analysis;
Amendment 190 #
2011/0427(COD)
Proposal for a regulation
Article 10 – paragraph 6 – point c a (new)
Article 10 – paragraph 6 – point c a (new)
(c a) a sub-layer with a specific analysis based on weather conditions, routes, occurring emergency situations and other available information shall be included in order to identify potential danger zones for the lives of migrants and refugees at sea;
Amendment 192 #
2011/0427(COD)
Proposal for a regulation
Article 10 – paragraph 6 – point d
Article 10 – paragraph 6 – point d
(d) an imagery and geo-data sub-layer, which shall contain reference imagery, background maps, intelligence validation assessments, change analysis (earth observation imagery) as well as change detection, geo-referenced data and border permeability maps.
Amendment 196 #
2011/0427(COD)
Proposal for a regulation
Article 10 – paragraph 7 a (new)
Article 10 – paragraph 7 a (new)
7 a. If the Agency gains knowledge of migrants or refugees in an emergency situation at sea, it shall immediately inform the relevant national coordination centres, which shall immediately inform the Maritime Rescue Coordination Centre responsible for the area in which the situation occurs.
Amendment 198 #
2011/0427(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall establish and maintain a common pre-frontier intelligence picture in order to provide the national coordination centres with information and analysis on the pre-frontier area which is relevant for the protection of the lives of migrants and refugees, the prevention of irregular migration and serious or organised crime at the external borders of the Member States and in neighbouring third countries.
Amendment 201 #
2011/0427(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point f
Article 11 – paragraph 2 – point f
Amendment 204 #
2011/0427(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The events layer of the common pre- frontier intelligence picture shall include information on: any incident, crisis situation and on any other event in the pre- frontier area, which could have a moderateedium or shignificanth impact on irregular migration, the protection of lives of migrants and refugees and cross-border crime at the external borders of the Member States. The impact level shall be assigned by the Agency. Incidents regarding migrants and refugees found in distress shall be assigned with a 'high' impact level.
Amendment 207 #
2011/0427(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. The analysis layer of the common pre- frontier intelligence picture shall be structured like the one of the European situational picture, containing strategic information, analytical products and services, intelligence as well as imagery and geo-data on the pre-frontier area.
Amendment 208 #
2011/0427(COD)
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
Amendment 209 #
2011/0427(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 225 #
2011/0427(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Processing of personal data 1. The National Situational Picture may be used for processing personal data only to the extent necessary for the purposes of EUROSUR in accordance with Directive 95/46/EC, the national legislation implementing it and other relevant national legislation. 2. The European Situational Picture and the Common Pre-Frontier Intelligence Picture may only be used for processing personal data for the registration numbers of vehicles, vessels and other craft, which shall be processed in accordance with Regulation (EC) No 45/2001, Directive 95/46/EC and Article 11c of Regulation (EC) No 2007/2004.
Amendment 233 #
2011/0427(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) high impact level in case the incidents related to irregular migration and cross- border crime occurring at the border section in question have a significant impact on border security or in case the incidents relate to migrants and refugees in an emergency situation at sea.
Amendment 240 #
2011/0427(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
Amendment 244 #
2011/0427(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. In pre-defined cases the national coordination centre may authorise a centre referred to in paragraph 1 to communicate and exchange information with the regional coordination centre or the national coordination centre of another Member State or third country on condition that it regularly informs its own national coordination centre about the communication and information exchange.
Amendment 249 #
2011/0427(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
Amendment 250 #
2011/0427(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The agencies and centres referred to in paragraph 2 mayshall use information received in the context of EUROSUR only within the limits of their legal framework and in compliance with fundamental rights.
Amendment 253 #
2011/0427(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 266 #
2011/0427(COD)
Proposal for a regulation
Article 19
Article 19
The European Commission shall, in close cooperation with the Member States and the Agency, make publicly available a Practical Handbook for the implementation and management of EUROSUR (hereinafter ‘Handbook’), providing technical and operational guidelines, recommendations and best practices. The European Commission shall adopt the Handbook in the form of a recommendation.
Amendment 269 #
2011/0427(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Agency shall ensure that procedures are in place to monitor the technical and operational functioning of EUROSUR against the objectives of achieving an adequate situational awareness and reaction capability including to protect the lives of migrants and refugees at the external borders.
Amendment 271 #
2011/0427(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Agency shall submit a report on the functioning of EUROSUR including the use and efficiency of surveillance tools to the European Parliament, the Council and the Commission on 1 October 20154 and every two years thereafter.
Amendment 274 #
2011/0427(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The Commission shall provide an overall evaluation of EUROSUR to the European Parliament and the Council onby 1 October 2016 and every fourthree years thereafter. This evaluation shall include an examination of results achieved against objectives, a cost-efficiency analysis including all direct and indirect expenditures of the Union and the Member States for EUROSUR, and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in the Member States and by the Agency, and the compliance with fundamental righand impact on fundamental and human rights including as regards processing of personal data and effective access to international protection. It shall also include an assessment of the feasibility of the inclusion in EUROSUR of air border surveillance and checks at border crossing points. That evaluation shall be accompanied, where necessary, by appropriate proposals to amend this Regulation.
Amendment 281 #
2011/0427(COD)
Proposal for a regulation
Annex 1
Annex 1
Amendment 10 #
2011/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
(1) This Regulation establishes a Partnership Instrument for cooperation with third countries to advance and promote EU and mutual interests, based on respect for all human rights. The Partnership Instrument shall support measures that respond in an effective and flexible manner to objectives arising from the Union's bilateral, regional or multilateral relationships with third countries and address challenges of global concern.
Amendment 14 #
2011/0411(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) implementing the international dimension of the ‘Europe 2020’ strategy by supporting Union's bilateral, regional and inter-regional cooperation partnership strategies, by promoting policy dialogues and by developing collective approaches and responses to challenges of global concern such as energy securitsustainable energy, climate change and environment. This objective shall be measured by the uptake of the ‘Europe 2020’ policies and objectives by key partner countries;
Amendment 15 #
2011/0411(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) improvmoting market access and developingfair and equitable trade, and investment and business opportunities for European companies by me, founded on a rights-based approach which takes into account the International Covenanst of en Economic partnerships and business and regulatory coop, Social and Cultural Rights as well as respect for international treaties on the environment. This objective shall be measured by the Union's share in foreign trade with key partner countries and by trade and investments flows to partner countries specifically targeted byreference to the above- mentioned rights-based policy for the implementation of actions, programmes and measures under this Regulation;
Amendment 24 #
2011/0411(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
(4) In implementing this Regulation, the Union shall aim to ensure policy coherence and consistencyfor development with other areas of its external action, in particular the Development Cooperation Instrument for developing countries, and with other relevant Union's policies when formulating policy, strategic planning and programming and implementing measures.
Amendment 25 #
2011/0411(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
(5) Measures financed under this Regulation shall be based, where appropriate, on cooperation policies set out in instruments such as agreements, declarations and action plans between the Union and the third countries and regions concerned, and shall also relate to areas linked to the Union's specific interests,mutual policy priorities and strategies of interest to the Union and the partner country concerned.
Amendment 26 #
2011/0411(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Preparatory actions such as business dialogues,socially and ecologically responsible business dialogues, fair and equitable trade promotion and scientific exchanges were set up to strengthen and deepen cooperation in areas outside the scope of the Development Cooperation Instrument with India and China and with middle- income group countries in Asia and Latin America.
Amendment 27 #
2011/0411(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is in the Union's interest to deepen its relations with partners who are playing an increasingly important role in the international economy and trade, in south- south trade and cooperation, in multilateral fora including Group of Twenty Finance Ministers and Central Bank Governors (G 20), in global governance and in addressing challenges of global concern. The Union needs to build comprehensive partnerships with new players on the international scene, in order to promote a stable and inclusivefair international order, pursue common global public goods, defend core interests of the Union based on core values of human rights including economic, social and cultural rights and on major treaties relating to the environment, to pursue common global public goods and to increase knowledge of the Union in these countries.
Amendment 29 #
2011/0411(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Notwithstanding the specific focus on global players, the scope of this Regulation should be worldwide enabling to support cooperation measures with developing countries where the Union hasre are significant mutual interests in accordance with the objectives of this Regulation.
Amendment 36 #
2011/0411(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Union should be able to respond in a flexible and timely manner to evolving and /or unforeseen needs in order to make its commitment to promote itsmutual interests in its relations with third countries more effective, by adopting special measures not covered by multi-annual indicative programmes.
Amendment 37 #
2011/0411(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is in the Union’s interest to deepen its relations with partners who are playing an increasingly important role in the international economy and trade, in south- south trade and cooperation, in multilateral fora including Group of Twenty Finance Ministers and Central Bank Governors (G 20), in global governance and in addressing challenges of global concern. The Union needs to build comprehensive partnerships with new players on the international scene, in order to promote a stable and inclusive international order, pursue common global public goods, defend core interestpromote the core values of the Union and increase knowledge of the Union in these countries.
Amendment 38 #
2011/0411(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Notwithstanding the specific focus on global players, the scope of this Regulation should be worldwide enabling to support cooperation measures with developing countries where the Union hasre are significant mutual interests in accordance with the objectives of this Regulation.
Amendment 41 #
2011/0411(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Union should be able to respond in a flexible and timely manner to evolving and /or unforeseen needs in order to make its commitment to promote itsmutual interests in its relations with third countries more effective, by adopting special measures not covered by multi-annual indicative programmes.
Amendment 42 #
2011/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 46 #
2011/0411(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) improvmoting market access and developing trade, investmenthigh social and environmental standards for fair and equitable trade and businvess opportunities for European companiestment relations, by means of economic partnerships and business and regulatory cooperation. This objective shall be measured, inter alia, by the Union’s share in foreign trade with key partner countries and by, by the balance of trade and investments flows towith partner countries, and the uptake of trade qualification measures specifically targeted by actions, programmes and measures under this Regulation;
Amendment 48 #
2011/0411(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 49 #
2011/0411(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 58 #
2011/0411(COD)
Proposal for a regulation
Annex 1 a (new)
Annex 1 a (new)
Annex 1 a INDICATIVE FINANCIAL ALLOCATION FOR THE PERIOD 2014-2020 The breakdown per specific objectives of the total financial reference amount (EUR 1 131 000 000) shall be as follows: Objective No 1 (implementing the international dimension of the “Europe 2020” strategy): 53%; Objective No 2 (promoting high social and environmental standards for fair and equitable trade and investment relations): 20%; Objective No 3 (enhancing widespread understanding and visibility of the Union and its role on the world scene): 18%; and Unallocated reserve (to be programmed between the three objectives according to the needs): 5%.
Amendment 54 #
2011/0406(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Union is also aimsobliged to ensure policy coherence with other areas of its external action. This should be ensured when formulating the Union's development cooperation policy and its strategic planning programming and implementation of measuresfor development. This should be ensured by taking into account development objectives when formulating and implementing Union policies with an external impact.
Amendment 65 #
2011/0406(COD)
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 3
Article 2 – paragraph 2 – subparagraph 3
Without prejudice to point (a), at least 9100% of the expenditure foreseen under the Pan- African and 90% of the thematic programmes shall fulfil the criteria for ODA established by the OECD/DAC.
Amendment 68 #
2011/0406(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Particular attention shall be given to strengthening the rule of law, improving access to justice and supporting civil society, domestic and regional trade and sustainable development, access to ICTs, health and food security, as well as promoting dialogue, participation and reconciliation, and institution-building.
Amendment 78 #
2011/0406(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The multiannual indicative programme for the Pan-African programme shall be drawn up on the basis of the Joint Africa- EU Strategy and its Action plans. Active involvement of the European Parliament, civil society as well as the respective African national and regional parliaments in drawing up this programme and monitoring its implementation shall be ensured.
Amendment 83 #
2011/0406(COD)
Proposal for a regulation
Annex IV – part A – point I – point a a (new)
Annex IV – part A – point I – point a a (new)
(aa) Access to justice, - in particular for victims of European transnational companies, if they violate rights of workers and/or cause damage to the environment, facilitating action at national, regional or European courts, - strengthening appeal procedures for individuals and collectivities affected by company activity, - supporting enabling measures for social, economic and environmental rights;
Amendment 85 #
2011/0406(COD)
Proposal for a regulation
Annex IV – part A – point I – point d
Annex IV – part A – point I – point d
(d) Tax policy and administration;, in particular: - supporting transparent domestic tax systems for citizens and companies, and developing local monitoring capacities, - fighting tax avoidance and tax evasion, - promoting country by country reporting,
Amendment 86 #
2011/0406(COD)
Proposal for a regulation
Annex IV – part A – point I – point e
Annex IV – part A – point I – point e
(e) Anti-Corruption Activities;
Amendment 90 #
2011/0406(COD)
Proposal for a regulation
Annex IV – part A – point II – point b a (new)
Annex IV – part A – point II – point b a (new)
Amendment 91 #
2011/0406(COD)
Proposal for a regulation
Annex IV – part A – point II – point c
Annex IV – part A – point II – point c
(c) Sustainable, in particular small-scale agriculture and renewable energy.
Amendment 92 #
2011/0406(COD)
Proposal for a regulation
Annex IV – part A – point III – point b
Annex IV – part A – point III – point b
(b) MSupport migration and asylum; and
Amendment 100 #
2011/0406(COD)
Proposal for a regulation
Annex IV – part B – paragraph 5 – point c
Annex IV – part B – paragraph 5 – point c
(c) promoting sustainable economic reform and diversification, trade, the development of a market economy, productive and sustainable investment in the main sectors (such as energy, including renewable energy), public private partnerships, andrenewable energy and sustainable economy, and, possibly, partner countries' integration in the WTO;
Amendment 102 #
2011/0406(COD)
Proposal for a regulation
Annex IV – part B – paragraph 5 – point e
Annex IV – part B – paragraph 5 – point e
(e) complementing resources deployed under this instrument by coherent work and support through other EU instruments, which may focus on wider regional integration, promoting the EU'smutual interests in fields such as economy,ic recovery and protection against financial crisis, renewable energy, research, innovation and technology, fighting against production, consumption and trafficking of drugs in the context of the security and development nexus, as well as managing migration and helping displaced persons and refugees in the context of the development and migration nexus.
Amendment 105 #
2011/0406(COD)
Proposal for a regulation
Annex IV – part B – paragraph 6 – point d
Annex IV – part B – paragraph 6 – point d
(d) overcoming economic vulnerability and achieving structural transformation with emphasis on decent employment through sustained and inclusive economic growth, a low carbon greenconsolidation, an energy-efficient, renewables-based economy and sustainable development in all its dimensions (including sustainable agriculture and fisheries) and enhancement of biodiversity and ecosystem services;
Amendment 110 #
2011/0406(COD)
Proposal for a regulation
Annex V – part A – paragraph 6 – point b
Annex V – part A – paragraph 6 – point b
(b) ensuring better management of migratory flows in all their dimensions and better protection of migrants in all respects, ensuring better protection of refugees and secure entry routes into the Union;
Amendment 115 #
2011/0406(COD)
Proposal for a regulation
Annex VII – paragraph 3 – introductory part
Annex VII – paragraph 3 – introductory part
Of which: Environment and climate change 31.8% Sustainable energy 12,74,8% Human development 20,0% Food security and sustainable agriculture 28,4% Migration and asylum 7.15 %
Amendment 289 #
2011/0406(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Particular attention shall be given to strengthening the rule of law, improving access to justice and supporting civil society, trade and sustainable development, access to ICTs, health and food security, ensuring sustainable energy for all, as well as promoting dialogue, participation and reconciliation, and institution-building.
Amendment 393 #
2011/0406(COD)
Proposal for a regulation
Annex IV – Chapter A – paragraph II – point c
Annex IV – Chapter A – paragraph II – point c
(c) Sustainable agriculture and energy and the development of regional renewable energy resources.
Amendment 433 #
2011/0406(COD)
Proposal for a regulation
Annex V – Chapter A – paragraph 2 – point a
Annex V – Chapter A – paragraph 2 – point a
(a) promoting access to secure, affordable, clean and sustainable energy services as a key driver for poverty eradication and inclusive growth, with a special emphasis on the use of local and regional renewable energy sources;
Amendment 436 #
2011/0406(COD)
Proposal for a regulation
Annex V – Chapter A – paragraph 2 – point c
Annex V – Chapter A – paragraph 2 – point c
(c) promoting energy security through e.g. diversification of sources and routes, considering price volatility issues, emission reduction potential, improving markets and fostering energy and, in particular, electricity interconnections and trade.
Amendment 23 #
2011/0405(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) Where appropriate, and where the political preconditions are fulfilled, the negotiation of Deep and Comprehensive Free Trade Agreements (DCFTA) should be offered to eligible partner countries, following a positive appraisal of their administrative capacities and the preparedness of their legal base; DCFTA negotiations should assure a gradual and balanced approach, in line with evolving capacities of partner countries and objectives of regional cooperation, and involve civil society actors from the earliest possible stage.
Amendment 25 #
2011/0404(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b – point ii
Article 2 – paragraph 1 – point b – point ii
(ii) economic and fiscal reforms necessary to cope with competitive pressure and market forces within the Union, while pursuing economic, social and environmental goals;
Amendment 27 #
2011/0404(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b – point iii
Article 2 – paragraph 1 – point b – point iii
(iii) fostering employment, decent work and developing human capital;
Amendment 33 #
2011/0401(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) With the aim of deepening the relationship between science and society and reinforcing public confidence in science, Horizon 2020 should favourHorizon 2020 should: promote active participation and informed engagement of citizens and civil society oin the process of research and innovation matters by promoting science education, by making scientific knowledge more accessible, by developing; promote science education; guarantee the respect of ethical legislation and promoting the emergence of, and adherence to, the highest ethical standards worldwide; increase the accessibility and re-use of the results of publicly funded research, in particular scientific publications and data; develop responsible research and innovation and governance framework agendas that meet citizens' and civil society's concerns and expectations and by facilitatreinforcing their participation in the setting of research priorities of Horizon 2020 activities.
Amendment 35 #
2011/0401(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Research and innovation activities supported by Horizon 2020 should respect fundamental ethical principles. The opinions of the European Group on Ethics in Science and New Technologies should be taken into account. Research activities should also take into account Article 13 TFEU and reduce the use of animals in research and testing, with a view ultimately to replacing animal use. All activities should be carried out ensuring a high level of human health protection in accordance with Article 168 TFEU. Ethical principles, such as the Helsinki Declaration, require that scientific data produced or collected by publicly funded research conducted on humans are made public, irrespective of where they take place in Europe or elsewhere in the world.
Amendment 44 #
2011/0401(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 a (new)
Article 16 – paragraph 1 – subparagraph 1 a (new)
Ethical principles, including the Helsinki Declaration, require that scientific data produced or collected by publicly funded research conducted on humans, for instance in the context of clinical trials, are made public and accessible.
Amendment 57 #
2011/0401(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Targeted actions with the objective of promoting cooperation with specific third countries or groups of third countries shall be implemented on the basis of common interest and mutual benefit, taking into account their scientific and technological capabilities and market opportunities, and the expected impact. They include actions dedicated to the reinforcement of research capacities in developing countries and cooperation actions centred on their specific needs in domains such as health, including research on neglected diseases and epidemics, agriculture, fisheries and environment.
Amendment 59 #
2011/0401(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
The European Commission shall implement information and communication actions concerning Horizon 2020, including communication measures concerning supported projects and results. In order to increase the circulation and exploitation of knowledge and maximize the efficiency of research efforts, free open online access to scientific publications, already embraced in the Seventh Framework Programme, shall be the general principle for scientific publications of research receiving public funding from Horizon 2020. Free open access to scientific data produced or collected through research funded by Horizon 2020 shall be promoted and tested with the objective of making it mandatory in 2020. Budget allocated to communication under Horizon 2020 shall also contribute to covering the corporate communication of the Union's political priorities as far as they are related to the general objective of this Regulation.
Amendment 63 #
2011/0401(COD)
Proposal for a regulation
Annex I – paragraph 15
Annex I – paragraph 15
All the activities shall take a challenge- based approach, focusing on policy priorities without predetermining the precise choice of technologies or solutions that should be developed. The emphasis shall be on bringing together a critical mass of resources and knowledge across different fields, technologies and scientific disciplines in order to address the challenges. The activities shall cover the full cycle from research to market, with a new focus on innovation-related activities, such as piloting, demonstration, test-beds, support for public procurement, design, end-user driven innovation, the use of innovative research funding tools such as innovation awards – particularly in cases where the market fails to fulfil its proper function and where Europe and the rest of the world are confronted with major challenges – social innovation and market take-up of innovations.
Amendment 67 #
2011/0401(COD)
Proposal for a regulation
Annex I – part I – point 3.3 – point c – paragraph 2
Annex I – part I – point 3.3 – point c – paragraph 2
Key activities shall be to support short- term exchanges of research and innovation staff among a partnership of universities, research institutions, businesses, SMEs and other socio-economic groups, both within Europe and worldwide. This will include fostering cooperation with third countries, and, in particular, strengthening scientific partnerships between the Union and developing countries.
Amendment 71 #
2011/0401(COD)
Proposal for a regulation
Annex I – part III – point 1.1 – paragraph 4
Annex I – part III – point 1.1 – paragraph 4
Chronic conditions such as cardiovascular disease (CVD), cancer, diabetes, neurological and mental health disorders, overweight and obesity and various functional limitations are major causes of disability, ill-health and premature death, and present considerable social and economic costs. Innovative models for funding and disseminating the results of research work, such as innovation awards, are of essential importance in addressing these societal challenges and enabling researchers in Europe and the rest of the world to play an active and effective part in doing so.
Amendment 76 #
2011/0401(COD)
Proposal for a regulation
Annex I – part III – point 1.2 – paragraph 1
Annex I – part III – point 1.2 – paragraph 1
Disease and disability are not stopped by national borders. An appropriate European -level research and innovation response in partnership with third countries can and should make a crucial contribution to addressing these global challenges, thus helping to a achieve the Millennium Development Goals and to deliver better health and well-being for all, and to position Europe as a leader in the rapidly expanding global markets for health and well-being innovations.
Amendment 77 #
2011/0401(COD)
Proposal for a regulation
Annex I – part III – point 1.2 – paragraph 2
Annex I – part III – point 1.2 – paragraph 2
The response depends on excellence in research to improve our fundamental understanding of health, disease, disability, development and ageing (including of life expectancy), and on the seamless and widespread translation of the resulting and existing knowledge into innovative, scalable and, effective and accessible products, strategies, interventions and services. Furthermore, the pertinence of these challenges across Europe and in many cases, globally, demands a response characterised by long term and coordinated support for co- operation between excellent, multidisciplinary and multi-sector teams.
Amendment 81 #
2011/0401(COD)
Proposal for a regulation
Annex I – part III – point 1.3 – paragraph 5
Annex I – part III – point 1.3 – paragraph 5
Specific activities shall include: understanding the determinants of health (including environmental and climate related factors), improving health promotion and disease prevention; understanding disease and improving diagnosis; developing effective screening programmes and improving the assessment of disease susceptibility; improving surveillance and preparedness; developing better preventive vaccines; using in-silico medicine for improving disease management and prediction; treating disease; transferring knowledge to clinical practice and scalable innovation actions; better use of health data; active ageing, independent and assisted living; individual empowerment for self-management of health; promotion of integrated care; improving scientific tools and methods to support policy making and regulatory needs; and optimising the efficiency and effectiveness of healthcare systems and reducing inequalities by evidence based decision making and dissemination of best practice, and innovative technologies and approaches, in particular in relation to funding research and disseminating research results in order to share knowledge that will facilitate and speed up innovation in these areas.
Amendment 45 #
2011/0399(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The participant Guarantee Fund set up under Regulation No 1906/2006/EC of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universitie, universities and civil society organisations in actions under the Seventh Framework Programme and for the dissemination of research results (2007- 2013)14 and managed by the Commission has proved to be an important safeguard mechanism which mitigates the risks associated to the amounts due and not reimbursed by defaulting participants. Therefore, a new participant Guarantee Fund (the Fund) should be established. In order to ensure a more efficient management and a better coverage of participants' risk, the Fund should cover actions under the programme set up under Decision No 1982/2006/EC, under the programme set up by Council Decision of 18 December 2006 concerning the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011)15 , under the programme set up by Council Decision […] of X 2011 establishing the Framework Programme of the European Atomic Energy Community (2012-2013) as well as actions under Regulation (EU) No XX/XX [Horizon 2020] and Regulation (Euratom) No XX/XX of the Council on the Research and Training Programme of the European Atomic Energy Community (2014-2018) complementing the Horizon 2020- the Framework Programme for Research and Innovation [Euratom H2020]16 . Programmes managed by entities other than Union bodies should not be covered by the Fund.
Amendment 46 #
2011/0399(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Rules governing the exploitation and dissemination of results should be laid down to ensure that the participants protect, exploit and disseminate those results as appropriate, in particular the possibilityrules for open access to results and data, ofr additional exploitation, dissemination or licensing conditions in the European strategic interest, or where predominant global public interests are at stake.
Amendment 48 #
2011/0399(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) Specific licensing models based on social obligations that are linked to taxpayer-funded research should be promoted for results concerning technologies with potential for tackling major societal challenges, for example the development into a novel medical technology (e.g. drug, diagnostic or vaccine) or technologies for fighting climate change.
Amendment 50 #
2011/0399(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19 b) In the selection process of proposals, the impact criterion should include the potential extent of dissemination and public availability of research results and data, assigning priority to projects potentially entailing a wider dissemination and exploitation of results.
Amendment 51 #
2011/0399(COD)
Proposal for a regulation
Recital 19 c (new)
Recital 19 c (new)
(19 c) The setting-up of patent pools should be encouraged in order to allow the sharing of patented scientific data and increase collaborative efforts and R&D cooperation on specific technological needs, particularly in the context of European or global societal challenges. This mechanism would be particularly suitable for technologies that are both complex and expensive, allowing to avoid the blocking of research brought about by patent thicket situations.
Amendment 52 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) 'dissemination‘ means the public disclosure of the results by any appropriate means (other than resulting from protecting or exploiting the results), including by publishing, in any medium, articles presenting the result of research such as scientific publications in peer-reviewed journals;
Amendment 53 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
Amendment 54 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 b (new)
Article 2 – paragraph 1 – point 7 b (new)
(7 b) 'fair and reasonable conditions' means terms, including royalty-free conditions, which take into account the specific circumstances of the request for access and/or the scope, duration or other characteristics of the use envisaged;
Amendment 55 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) 'legal entity’ means undertakings, research centres and universities, encompassing any natural person, or any legal person created under national law, Union law or international law, which has legal personality and which may, acting in its own name, exercise rights and be subject to obligations, including non-profit and civil society organisations;
Amendment 56 #
2011/0399(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
In actions under the activity ‘Secure societies’ within the specific objective ‘Inclusive, innovative and secure societies’ies of the Societal Challenges pillar, the Commission may make available to Union institutions and bodies or Member States' national authorities any useful information in its possession on results of a participant that has received Union funding.
Amendment 57 #
2011/0399(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The relevant work programme mayshall restrict and exclude the participation in Horizon 2020 or parts thereof of legal entities established in third countries where conditions for the participation of legal entities from Member States in the third country's research and innovation programmes are considered prejudicial to the Union's interests.:
Amendment 58 #
2011/0399(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a (new)
Article 6 – paragraph 2 – point a (new)
(a) legal entities (including any affiliated entities) whose participation, by the objectives they pursue, their place of establishment, the nature or the location of their activities, would cause the Union to recognize as lawful, or would render aid or assistance in maintaining, a situation created by a serious breach of international law (including international humanitarian law), where such breach has been established by a resolution of the United Nations Security Council or by a judgment or advisory opinion of the International Court of Justice;
Amendment 59 #
2011/0399(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b (new)
Article 6 – paragraph 2 – point b (new)
(b) undertakings established in a third country where that third country promotes itself as an off-shore financial centre or in which there are no or only nominal taxes, where there is a lack of effective exchange of information with foreign tax authorities, where there is a lack of transparency in regard to legislative, judicial or administrative provisions, or where there is no requirement for a substantive local presence;
Amendment 60 #
2011/0399(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c (new)
Article 6 – paragraph 2 – point c (new)
(c) legal entities established in third countries where conditions for the participation of legal entities from Member States in that third country's research and innovation programmes are considered prejudicial to the Union's interests.
Amendment 61 #
2011/0399(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where appropriate, proposals shall include a draft plan for the exploitation and dissemination of the resultsof the results, whenever exploitation is expected or required as part of the call, as well as a plan for the dissemination of the results, including a data management and sharing plan.
Amendment 62 #
2011/0399(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. The impact criterion shall include the potential extent of dissemination and public availability of research results and data, assigning priority to projects potentially entailing a wider dissemination and exploitation of results.
Amendment 63 #
2011/0399(COD)
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 4
Article 37 – paragraph 2 – subparagraph 4
Appropriate measures shall be taken to seek a balance between all interests involved and to seek gender balance and geographical diversity when appointing independent experts. In particular, the Commission shall ensure that no special interest represents more than one third of non-governmental experts. Appropriate measures shall be taken to prevent the capture of expert groups by private and/or commercial interests.
Amendment 64 #
2011/0399(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The Commission or the relevant funding body shall take all necessary steps to ensure that the expert is not faced with a conflict of interests in relation to the matter on which the expert is required to provide an opinion, including through the publication of their full declaration of professional activities and financial interests, such as patents and shareholdings. Stakeholders or persons with conflicts of interests shall be prohibited from sitting 'in a personal capacity'.
Amendment 65 #
2011/0399(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2 – point b
Article 38 – paragraph 2 – subparagraph 2 – point b
(b) compensation shall be fair and reasonable, if compensation shall be provided to the ois requested from the joint owners for granting non- exclusive licences to third parties to exploit ther jointly ownerd results.
Amendment 67 #
2011/0399(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Where results are capable of commercial or industrial application, the participant owning these results shallmay examine the possibility for protection and, if possible and justified given the circumstances, shallmay adequately protect them for an appropriat reasonable period of time and with an appropriate territorial coverage, having due regard to the public interest, its legitimate interests and the legitimate interests, particularly the commercial interests, of the other participants in the action.
Amendment 68 #
2011/0399(COD)
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1
Article 39 – paragraph 2 – subparagraph 1
Where a participant that has received Union funding intends not to protect results generated by it for reasons other than impossibility under Union or national law or the lack of potential for commercial exploitation, and unless the participant intends to transfer them to another legal entity established in a Member State or associated country in view of their protection, it shall inform the Commission or funding body before any dissemination relating to these results takes place. The Commission on behalf of the Union or the funding body may assume ownership of these results and take the necessary steps for their adequate protection, having regard to the public interest and with a view of maximising dissemination of results.
Amendment 70 #
2011/0399(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 1
Article 40 – paragraph 2 – subparagraph 1
Subject to any restrictions due to the protection of intellectual property, security rules or legitimate commercial interests, each participant shall through appropriate means disseminate the results it owns as soon as possible. The grant agreement may lay down time-limits in this respect. In the field of major societal challenges (health, climate, biodiversity), licensing of results to third parties shall by default take place on non- exclusive terms so as to enable immediate competition, thereby fostering global accessibility.
Amendment 72 #
2011/0399(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 3
Article 40 – paragraph 2 – subparagraph 3
With regard to dissemination through research publications, open access shall apply as a default policy, with the aim of free of charge, on-line public access to Union-funded research publications as soon as possible, and in any event within six months of publication, in a peer- reviewed scientific journal and under the terms and conditions laid down in the grant agreement. With regard to dissemination of other results, including research data, the grant agreement mayshall lay down the terms and conditions under which open access to such results shall be provided, in particular in ERC frontier research or in other appropriate areaspublic interest areas such as public health, environment or other major societal interest.
Amendment 73 #
2011/0399(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 3 a (new)
Article 40 – paragraph 2 – subparagraph 3 a (new)
Proposals shall contain a management plan and a plan on sharing of data and other results to ensure that they are made available as widely and freely as possible, while acknowledging the possible need for a limited period of exclusive use of the research results.
Amendment 74 #
2011/0399(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Each participant shall report to the Commission or funding body on its exploitation and dissemination related activities. For the purposes of monitoring and dissemination by the Commission or funding body, participants shall provide any information and documents useful in accordance with the conditions laid down in the grant agreement. To ensure transparency, these reports shall be made publicly available.
Amendment 75 #
2011/0399(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Provided that any access rights to the results can be exercised and that any additional exploitation obligations are complied with, the participant who owns results may grant licences or otherwise give the right to exploit them to any legal entity, including on an exclusive basis. The possibility to grant licenses on an exclusive basis shall be exceptional and shall not conflict with the objective of maximum dissemination and exploitation of results. The conditions for such licenses shall be laid down in the grant agreement.
Amendment 82 #
2011/0399(COD)
Proposal for a regulation
Article 47 – paragraph 3 a (new)
Article 47 – paragraph 3 a (new)
3 a. In case of innovation that is highly relevant to developing countries' needs, including in the field of global health, the Commission shall include, in the grant agreement, licensing conditions to improve access and affordability of biomedical products in developing countries by means of 'humanitarian use licensing conditions'.
Amendment 83 #
2011/0399(COD)
Proposal for a regulation
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
Specific provisions regarding ownership, access rights, exploitation and dissemination including licensing provisions, shall be laid down in the conditions governing a prize award, to ensure maximum uptake of the results and affordable and widespread access to the results.
Amendment 34 #
2011/0367(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 37 #
2011/0367(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 51 #
2011/0367(COD)
Proposal for a regulation
Article 2 – point g
Article 2 – point g
(g) ‘beneficiary’ means the recipient within any of the Member states of an Union contribution under a project, whether a public or private body, international organisations or the Red Cross (ICRC), the International Federation of National Red Cross and Red Crescent Societies.
Amendment 53 #
2011/0367(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Specific Regulations shall provide support, through national programmes, Union actions and emergency assistance, which complements national, regional and local intervention, pursuing the Union added value and its due process within the objectives of the Union.
Amendment 58 #
2011/0367(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 71 #
2011/0367(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 77 #
2011/0367(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 78 #
2011/0367(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 81 #
2011/0367(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) actions to disseminate information, support networking, carry out communication activities, raise awareness and promote cooperation and exchange of experience, including with third countries. Tto bring about greater efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the Commission, the resources allocated to communication actions under this Regulation shall also contribute to covering the corporate communication of the political priorities of the European Union provided that these are related to the general objectives of this Regulation and the Specific Regulations;
Amendment 87 #
2011/0367(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Such authorities and bodies shall include the competent regional, local, urban and other public authorities, and, where appropriate, international organisations and bodies representing civil society, such as non-governmental organisations or social partners.
Amendment 101 #
2011/0367(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
Amendment 104 #
2011/0367(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a a (new)
Article 14 – paragraph 2 – point a a (new)
(aa) a description of the Union added value of the national objectives and the actions planned;
Amendment 111 #
2011/0367(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point i a (new)
Article 14 – paragraph 2 – point i a (new)
(ia) mechanisms and plans on how Member States implement Union and international human rights law;
Amendment 115 #
2011/0367(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The national programmes shall be drawn up according to the model adopted by the Commission. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 55(2), and shall be made publicly available.
Amendment 117 #
2011/0367(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point b
Article 14 – paragraph 5 – point b
(b) the relevance of the objectives, targets, indicators, the Union added value, the time table and examples of actions envisaged in the proposed national programme in the light of the strategy which is proposed;
Amendment 119 #
2011/0367(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point d
Article 14 – paragraph 5 – point d
(d) the compliance of the proposed programme with Union law, international and human rights law;
Amendment 122 #
2011/0367(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point f
Article 14 – paragraph 5 – point f
Amendment 125 #
2011/0367(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Commission shall make observations within three months of the date of submission of the proposed national programme. Where the Commission considers that a proposed national programme is inconsistent with the objectives of the Specific Regulations, insufficient in light of the strategy, has no Union added value or does not comply with Union law, international and human rights law, it shall invite the Member State concerned to provide all necessary additional information and, where appropriate, to revise the proposed national programme. The Member State shall provide to the Commission all necessary additional information and, where appropriate, revise the proposed national programme.
Amendment 129 #
2011/0367(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Following this re-examination, Member States may revise their national programmes. If the Commission considers that the national programme was not properly implemented, Member State shall revise it. National programmes shall be revised for those Member States which will receive additional allocations in accordance with the Specific Regulations.
Amendment 133 #
2011/0367(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The contribution from the Union budget may also be increased to 90% in duly justified circumstances, in particular if projects could otherwise not have been implemented and the objectives of the national programme would not have been achieved.
Amendment 136 #
2011/0367(COD)
Proposal for a regulation
Article 18 – paragraph 7
Article 18 – paragraph 7
7. Grants for which the support from the Union budget does not exceed 50,25 000 EUR shall take the form of lump sums or standard scale of unit costs.
Amendment 138 #
2011/0367(COD)
Proposal for a regulation
Article 18 – paragraph 8
Article 18 – paragraph 8
8. Flat rate financing, standard scale of unit costs and lump sums referred to in paragraph 4 may be calculated on a project-by-project approach by reference to a draft budget agreed ex ante by the Responsible Authority for grants for which the contribution from the Union budget does not exceed 100,50 000 EUR.
Amendment 172 #
2011/0367(COD)
Proposal for a regulation
Article 48 – paragraph 1 – point a
Article 48 – paragraph 1 – point a
(a) ensuring the establishment of a website or a website portal providing information on and access to the national programmes in that Member State, and put online the implementation and evaluation reports, amounts allocated and beneficiaries;
Amendment 175 #
2011/0367(COD)
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 1
Article 49 – paragraph 1 – subparagraph 1
1. By 31 March 2016 and by 31 March of each subsequent year until and including 2022, the Member State shall submit to the Commission, as well as make public an annual report on implementation of each national programme in the previous financial year.
Amendment 179 #
2011/0367(COD)
Proposal for a regulation
Article 50 – paragraph 6 a (new)
Article 50 – paragraph 6 a (new)
6a. The Commission shall pay particular attention to monitoring and evaluation of actions and programmes related to third countries, in accordance with Article 9.
Amendment 184 #
2011/0367(COD)
Proposal for a regulation
Article 52 – paragraph 3 – point f a (new)
Article 52 – paragraph 3 – point f a (new)
(fa) the respect for and compliance with Union, international and human rights law;
Amendment 51 #
2011/0365(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
Amendment 54 #
2011/0365(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Internal Security Fund should express solidarity through financial assistance to those Member States that fully apply the Schengen provisions on external borders as well as to those who are preparing for full participation in Schengen, and that respect international law by providing assistance and protection to those in need.
Amendment 61 #
2011/0365(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) This instrument should be implemented in full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights, the Geneva Refugee Convention, the UN Convention on the Law of the Sea, the UN human rights treaties, international humanitarian law and the principle of non-refoulement.
Amendment 63 #
2011/0365(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To ensure a uniform and high-quality external border control and to facilitate legitimate travel across external borders, including border crossings by persons in search of international protection within the framework of the EU internal security strategy, the Instrument should contribute to the development of a European common integrated border management system, which includes all the measures involving policy, legislation, systematic co-operation, the distribution of the burden, personnel, equipment and technology taken at different levels by the competent authorities of the Member States, acting in co-operation with the Frontex Agency, with third-countries and, where necessary, with other actors, utilising, inter alia, the four-tier border security model and integrated risk analysis of the European Union.
Amendment 66 #
2011/0365(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) It should include support for national measures and cooperation between Member States in the area of visa policy and other pre-frontier activities that take place prior to external border controls, in particular those which prioritise safe maritime borders and which facilitate regular migration and mobility. The efficient management of activities organised by the services of the Member States in third countries is in the interest of the common visa policy as part of a multi- layered system aimed at facilitating lregitimate travel and tacklular migration and mobility and preventing irregular immigration into the European Union, saving people in distress at sea and constitutes an integral part of the common integrated border management system.
Amendment 67 #
2011/0365(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 71 #
2011/0365(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) To address immediately unforeseen migratory pressure and threatrisks to border security it should be possible to provide emergency assistance in accordance with the framework set out in Regulation … 2012/EU laying down general provisions on the Asylum and Migration Fund and on the instrument for financial support for police co-operation, preventing and combating crime, and crisis management.
Amendment 72 #
2011/0365(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Moreover, in the interest of enhanced solidarity in the Schengen area as a whole, where weaknesses or possible threatrisks are identified, notably following a Schengen evaluation, the Member State concerned should follow the matter up adequately by using resources under its programmes by priority, where applicable, complementing emergency assistance measures.
Amendment 73 #
2011/0365(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) To reinforce solidarity and responsibility sharing, Member States should be encouraged to use a part of the resources available under the programmes for specific priorities defined by the Union, such as the purchase of technical equipment needed by the Frontex Agency and the development of consular co- operation for the Union and the assistance to people in search of international protection.
Amendment 80 #
2011/0365(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In the same vein, the scope of the actions and the ceiling for resources which remain available to the Union (‘Union actions’) should be increased to enhance the capacity of the Union to carry out in a given budget year multiple activities on the management of external borders and the common visa policy in the interest of the Union as a whole, when and insofar as the needs arise. Such Union actions include studies and pilot projects to further the policy and its application, measures or arrangements in third countries addressing migratory pressures from those countries in the interest of an optimal management of migration flows into the Union and an efficient organisation of the related tasks at external borders and consulates.
Amendment 81 #
2011/0365(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 85 #
2011/0365(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Funding from the Union budget should concentrate on activities where the Union intervention can bring additional value compared to action of Member States alone. As the European Union is in a better position than Member States to provide a framework for expressing Union solidarity in border control, visa policy and the management of migration flows, and to provide a platform for the development of common IT systems underpinning these policies, financial support provided under this Regulation contributes in particular to strengthening national and European capabilities in those areas.
Amendment 87 #
2011/0365(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In order to ensure a uniform, efficient and timely application of the provisions on operating support laid down in this Regulation and to establish the framework for the programme on the new IT systems, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2001 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers.
Amendment 93 #
2011/0365(COD)
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) ‘emergency situation’ means a situation of urgent and exceptional pressure where a large or disproportionate number of third- country nationals cross or are expected to cross the external border of one or more Member States.
Amendment 94 #
2011/0365(COD)
Proposal for a regulation
Article 2 – point e a (new)
Article 2 – point e a (new)
(ea) ‘risk’ means a factor that affects or is expected to affect the quality of control at external borders, the smooth crossing of external borders as well as the effective access to the territory of Member States for third-country nationals in need of international protection.
Amendment 95 #
2011/0365(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Instrument shall be to contribute to ensuring a high level of security in the European Unionuniform and high-quality external border control while facilitating mobility in a secure environment into European Union, making sure that the Union’s commitment to fundamental freedoms and human rights is upheld.
Amendment 98 #
2011/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – paragraph 1
Article 3 – paragraph 2 – point a – paragraph 1
(a) supporting a common visa policy to facilitate legitimate travel, ensure equal treatment of third country nationals and tacklemobility, provide a high quality of service to visa applicants, ensure equal treatment of third country nationals as well as the uniform application of the Visa Code and prevent irregular migration
Amendment 102 #
2011/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – paragraph 2
Article 3 – paragraph 2 – point a – paragraph 2
The achievement of this objective shall be measured against indicators such as, inter alia, the number of consular posts equipped, secured and/or enhanced to ensure the efficient processing of visa applications and provide quality of service to visa applicants, the number of common visa application centres as well as the average length of waiting time for the visa application to be decided upon, the share of multiple entry visa, the share of refused visa and the average visa costs for applicants per consular post.
Amendment 103 #
2011/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – paragraph 1
Article 3 – paragraph 2 – point b – paragraph 1
(b) supporting borders management, to ensure, on one hand, a high level of protectioncontrol of external borders and, on the other hand, the smooth crossing of the external borders in conformity with the Schengen acquis, and protection-sensitive border management
Amendment 109 #
2011/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – paragraph 2
Article 3 – paragraph 2 – point b – paragraph 2
The achievement of this objective shall be measured against indicators such as, inter alia, the development of equipment for border control, the average waiting time at the border crossing points and the apprehensions of irregular third-country nationals at the external border in correspondence with the risk of the relevant section of the external border, and the number of third country nationals regularly crossing the same section of the external border.
Amendment 111 #
2011/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(ba) supporting the implementation of the asylum acquis at the external borders to ensure an effective access to the territory of Member States and to the registration procedure for third country nationals in need of international protection, in full compliance with Union law, the principle of non-refoulement and the UN Convention on the Law of the Sea. The achievement of this objective shall be measured against indicators such as, inter alia, the number of applications for international protection at the external borders, the number of entries to the territory of Member States, the number of registered deaths at sea, the number of registrations at the external borders and the quality of reception.
Amendment 114 #
2011/0365(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) promoting the development and implementation and enforcement of policies ensuring the absence of any controls on persons, whatever their nationality, when crossing the internal borders, carrying out checks on persons and monitoring efficiently the crossing of external borders;
Amendment 123 #
2011/0365(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) gradually establishing an integrated management system for external borders, including the reinforcement of interagency co-operation between, inter alia, border control, migration, asylum and law enforcement authorities of Member States at the external borders and measures within the territory, including in the maritime border area and the necessary flanking measures related to document security and identity management as well as to saving lives at sea;
Amendment 124 #
2011/0365(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) promoting the development and implementation of the common policy on visas and other short-stay residence permits, including consular co-operation, the improvement of consular coverage in third countries, uniform and common administrative procedures and decisions on visa, making full use of practical improvements and flexibility provided by the Visa Code;
Amendment 126 #
2011/0365(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
(d) setting up and running IT systems, their communication infrastructure and equipment supporting the management of migration flows across the external borders of the Union, in full respect of the Union data protection legislation;
Amendment 129 #
2011/0365(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point e
Article 3 – paragraph 3 – point e
(e) ensuring the efficient and uniform application of the Union’s acquis on borders, asylum and visas, including the functioning of the Schengen evaluation and monitoring mechanism;
Amendment 130 #
2011/0365(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point f
Article 3 – paragraph 3 – point f
Amendment 136 #
2011/0365(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) border crossing infrastructures, buildings and systems required at border crossing points and for surveillance between border crossing points, and effective tackling of illegal crossing ofs well as for the effective rescue at sea operations of people in distress at the external maritime borders;
Amendment 139 #
2011/0365(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) operating equipment, means of transport and communication systems required for effective border control and the detection of persons, such as fixed terminals for VIS, SIS and the European Image Archiving System (FADO), including state-of-the-art technology;
Amendment 143 #
2011/0365(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) infrastructures, buildings and operating equipment required for the processing of visa applications and consular co- operation, as well as other actions aimed at improving the quality of service for the visa applicants;
Amendment 147 #
2011/0365(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) studies, pilot projects and actions aiming to ensure an effective compliance with European and international law concerning respect for human rights obligations, in close cooperation with civil society.
Amendment 149 #
2011/0365(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 162 #
2011/0365(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point f
Article 5 – paragraph 3 – point f
Amendment 163 #
2011/0365(COD)
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
Amendment 164 #
2011/0365(COD)
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
The method(s) of implementation of the budget for the programme on the development of new IT systems shall be set out in the implementing act referred to in Article 15(2delegated act(s).
Amendment 165 #
2011/0365(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) EUR 2,000 million57% of the global budget for the national programmes of Member States;
Amendment 168 #
2011/0365(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
Amendment 170 #
2011/0365(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) EUR 150 million4% of the global budget for the Special Transit Scheme;
Amendment 172 #
2011/0365(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
(d) EUR 270 million39% of the global budget for Union actions, emergency assistance and technical assistance at the initiative of the Commission.
Amendment 183 #
2011/0365(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
1. In order to allocate the amount indicated in point c) of Article 6(1), by 1 June 2017 the Commission shall establish, on the basis of input and in consultation with the Frontex Agency, the EASO, the Fundamental Rights Agency, civil society organisations and international organisations, a report which inter alia, in accordance with the Frontex risk analysis, shall set up threat levels at the external borders for the period 2017-2020. ThreatRisk levels will be based on the burden in border management and on the threatchallenges that affected security and safety, including search and rescue operations at sea, at the external borders of the Member States in 2014-2016 and they will take into account inter alia possible future trends on migratory flows and unlawful activities at the external borders considering the likely political, economic and social developments in the third countries concerned, in particular in neighbouring countries.
Amendment 186 #
2011/0365(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – introductory part
Article 8 – paragraph 1 – subparagraph 2 – introductory part
The report shall determine the level of threatrisk for each section of the external border by multiplying the length of the border section concerned with the weighing attributed to it as follows:
Amendment 187 #
2011/0365(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point a – point i
Article 8 – paragraph 1 – subparagraph 2 – point a – point i
(i) factor 1 for normal threatrisk
Amendment 188 #
2011/0365(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point a – point ii
Article 8 – paragraph 1 – subparagraph 2 – point a – point ii
(ii) factor 3 for medium threatrisk
Amendment 189 #
2011/0365(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point a – point iii
Article 8 – paragraph 1 – subparagraph 2 – point a – point iii
(iii) factor 5 for high threatrisk;
Amendment 190 #
2011/0365(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b – point i
Article 8 – paragraph 1 – subparagraph 2 – point b – point i
(i) factor 1 for normal threatrisk
Amendment 191 #
2011/0365(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b – point ii
Article 8 – paragraph 1 – subparagraph 2 – point b – point ii
(ii) factor 3 for medium threatrisk
Amendment 192 #
2011/0365(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b – point iii
Article 8 – paragraph 1 – subparagraph 2 – point b – point iii
(iii) factor 5 for high threatrisk.
Amendment 193 #
2011/0365(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) external maritime borders shall mean the outer limit of the territorial sea of the Member States as defined according to Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in order to prevent irregular migration/illegal entryhigh risk areas, this shallmay be the outer limit of high threat ara contiguous zone as defined in Article 33 of the United Nations Convention on the Law of the Seas. This shall be determined by taking into account the relevant data on these operations in 2014- 2016 as provided by the Member States in question.
Amendment 195 #
2011/0365(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) supporting and expanding the existing capacity at national level in visa policy and in the management of the external borders, with a view to prevent irregular migration lives lost at sea and to facilitate legitimate travel, including border crossings by persons in need of international protection, bearing in mind inter alia new technology, developments and/or standards in relation to the management of migration flows;
Amendment 198 #
2011/0365(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) supporting the further development of the management of migration flows by consular and other services of the Member State in third countries, with a view to facilitating lregitimate travel toular migration and mobility and preventing irregular migration into the Union;
Amendment 200 #
2011/0365(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point e a (new)
Article 9 – paragraph 2 – point e a (new)
(ea) ensuring the full compliance with international and European obligations, including human rights obligations and the monitoring thereof, in close cooperation with third countries and civil society;
Amendment 201 #
2011/0365(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point f
Article 9 – paragraph 2 – point f
(f) increasing the capacity to face upcoming challenges including present and future threats and pressures at the external borders of the Union, taking into account in particular the Frontex risk analysis.
Amendment 205 #
2011/0365(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) compliance with the Union acquis on borders, asylum and visa;
Amendment 208 #
2011/0365(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(ba) compliance with international and European human rights standards, including respect of the principle of non- refoulement.
Amendment 210 #
2011/0365(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Commission shall set out, by implementingdelegated acts, reporting procedures on the application of this provision and any other practical arrangements, to be made between Member States and the Commission to comply with this Article. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 18(2)7.
Amendment 214 #
2011/0365(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) to support the preparatory, monitoring, administrative and technical support, for the development of an evaluation mechanism, required to implement external borders, asylum and visa policies, including with regard to compliance with human rights obligations and humanitarian law, including to implement Schengen governance as determined by the Schengen evaluation and monitoring mechanism as established by the Regulation (EU) No … on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis and the Schengen Borders Code;
Amendment 216 #
2011/0365(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) to support and monitor the implementation of Union law and Union policy objectives in the Member States, and assess their effectiveness and impact, including on human rights;
Amendment 219 #
2011/0365(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point e
Article 13 – paragraph 2 – point e
(e) to promote networking, mutual learning, identification and dissemination of good practices and innovative approaches amongst different stakeholders at European level;
Amendment 220 #
2011/0365(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point f
Article 13 – paragraph 2 – point f
Amendment 221 #
2011/0365(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point g
Article 13 – paragraph 2 – point g
(g) to boost the capacity of European networks to assess, promote, support and further develop Union policies and objectives;
Amendment 222 #
2011/0365(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point h
Article 13 – paragraph 2 – point h
(h) to support particularly innovative projects developing new methods and/or technologies with a potential for transferability to other Member States, especially projects aiming at testing and validating research projects;
Amendment 223 #
2011/0365(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point i
Article 13 – paragraph 2 – point i
Amendment 226 #
2011/0365(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 232 #
2011/0365(COD)
Proposal for a regulation
Annex III – paragraph 1 – introductory part
Annex III – paragraph 1 – introductory part
Objective 1: promoting the development and implementation of policies ensuring the absence of any controls on persons, whatever their nationality, when crossing the internal borders, carrying out checks on persons and monitoring efficiently the crossing of external borders, ensuring the smooth and safe crossing at the external borders, including the maritime borders
Amendment 234 #
2011/0365(COD)
Proposal for a regulation
Annex III – paragraph 3 – introductory part
Annex III – paragraph 3 – introductory part
Objective 3: setting up and running IT systems, their communication infrastructure and equipment supporting the management of migration flows across the external borders of the Union
Amendment 235 #
2011/0365(COD)
Proposal for a regulation
Annex III – paragraph 3 – indent 1
Annex III – paragraph 3 – indent 1
– operational management of SIS, VIS and new systems set up in the period and VIS
Amendment 236 #
2011/0365(COD)
Proposal for a regulation
Annex III – paragraph 3 – indent 4
Annex III – paragraph 3 – indent 4
– communication infrastructure and security as well as data protection related matters
Amendment 4 #
2011/0310(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission proposal;
Amendment 22 #
2011/0308(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In order to provide for enhanced transparency of payments made to governments, all large undertakings and public interest entities which are active in the extractive industry or logging of primary forests should disclose in a separate report on an annual basis material payments made to governments in the countrishould disclose as part of the annual report of financial statements a report on material payments made to governments in the countries in which they operate, as well as additional financial information regarding their activities in third countries. The disclosure of these data aims at enabling investors to make better-informed decisions, improving corporate governance and accountability and contributing to containing tax evasion. The report should incorporate disclosures ion which they operate. Sa country basis. Furthermore, where such undertakings are active in countries rich inthe extraction of natural resources, in particular minerals, oil, natural gas as well as primary forests. The report should include types of payments comparable to those disclosed by an undertaking participating in, as well as in fisheries activities, reporting shall also specify the specific project or projects to which those payments have been attributed. The report should accordingly build upon the disclosure requirements of the Extractive Industries Transparency Initiative (EITI). The initiative is also complementary to the EU FLEGT Action Plan (Forest Law Enforcement, Governance and Trade) and the Timber Regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the EU market.
Amendment 25 #
2011/0308(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The reports should serve to facilitate governments to be accountable to their citizens for payments such governments receive from undertakings operating within their jurisdiction. Where such undertakings are active in the extraction of natural resources, the reports should serve to facilitate governments of resource-rich countries in implementing the EITI Principles and Criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction. The report should incorporate disclosures on a country and project basis, where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports, such as a concession, geographical basbasis and in the case of undertakings active in the extractive industries, fishery sector or the logging of primary forests, the report should also specify the specific project or projects to which those payments have been attributed, a project being considered equivalent to the contract, licence, lease, concession or other legal agreement which gives rise to a company's tax and revenue liabilities in, etc and where payments have been attributed to such projects. In the light of the overall objective of promoting good governance in these countries, the materiality of payments to be reported should be assessed in relation to the recipient government. Various criteria on materiality could be envisaged such asach country where it operates. Where any payment liabilities are incurred on a different basis, reporting shall be on that basis. In the light of the overall objective of promoting good governance in these countries, payments shall be considered material if any one payments of an absolute amount, or a percentage threshold (such as payments in excess of a percentage of a country's GDP) and these can be defined through a delegated actr set of payments of the same type amounts to more than EUR 15 000. The reporting regime should be subject to a review and a report by the Commission within fiveour years of the entry into force of the Directive. The review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security. The review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details, such as bank account information.
Amendment 31 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 1 – point 1
Article 36 – paragraph 1 – point 1
1. ‘Undertaking active in the extractive industry’ means an undertaking with any activity involving the exploration, discovery, development, and extraction of minerals, oil and natural gas deposits, as referred to in Section B-Divisions 05 to 08 of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Councilmeans the highest level parent company publishing accounts within the European Union where the group of companies for which that parent company prepares consolidated financial statements includes subsidiary companies, branches, permanent establishments, joint ventures and associate undertakings.
Amendment 33 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 1 – point 3
Article 36 – paragraph 1 – point 3
3. ‘'Government’' means any national, regional or local authority of a Member State or of a third country. It includes a department, agency or undertaking controlled by that authority as laid down in Article 23 (1) to (6) of this Directive, or any government entity, [state undertaking, companies belonging to government members, their relatives and close relations], that receives any payment of the type noted in Article 38 from any constituent member of an undertaking.
Amendment 35 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 1 – point 4 a (new)
Article 36 – paragraph 1 – point 4 a (new)
4a. "Constituent entities" means those subsidiaries, associates, joint ventures, permanent establishments and other trading arrangements that shall in whole or in part be considered members of the Undertaking to the extent that they are consolidated in the annual financial statements of that Undertaking.
Amendment 36 #
2011/0308(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report on payments made to governments on an annu, including joint-venture undertakings, and all public interest entities to prepare and make public a report on payments, including payments in kind, made to governments on an annual basis as part of the annual report of financial statements. In this report, the undertaking shall also publish additional financial information regarding their activities in third countries. In particular, the report shall include activities of subsidiaries, associates, joint ventures, permanent establishments and other trading arrangements to the extent that they are consolidated in the annual financial statements of the undertaking or entity in question. The report shall basis. e part of the notes to the financial statements.
Amendment 39 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 2 – point b
Article 38 – paragraph 2 – point b
(b) taxes on profits, and the effective tax rate applied;
Amendment 40 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 2 – point c
Article 38 – paragraph 2 – point c
(c) royalties, and the effective tax rate applied;
Amendment 45 #
2011/0308(COD)
Proposal for a directive
Article 39 – paragraph 3 – point b a (new)
Article 39 – paragraph 3 – point b a (new)
(ba) The report shall also specify the following additional financial information on a country-by-country basis: (a) net turnover broken down by main categories of activity; (b) quantities produced sale or exchange; (c) profit or loss before taxation; (d) total number of people employed and their aggregate remuneration. (e) expenditure on fixed asset investment during the course of the period.
Amendment 3 #
2011/0307(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to provide for enhanced transparency of financial activities in third countries, in particular payments made to governments, issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive or logging of primary forest industries should disclose in a separate report on an annual basis payments made to governments in the countries in which they operate. The report should include types of payments comparable toshould disclose, as part of the annual report on financial statements, payments made to governments in the countries in which they operate on a per-country basis. The disclosure of such data is intended to enable investors to make better-informed decisions, thereby improving corporate governance and accountability and contributing to the containment of tax evasion. The report should incorporate disclosures on a country basis. For issuers active in the extractive industry, fisheries or the logging of primary forests, the report should also specify the specific project or projects to which those payments have been attributed, building on those disclosed underure requirements of the Extractive Industries Transparency Initiative (EITI) andto provide civil society with information to holdwhereby governments of resource-rich countries can be held to account for their receipts from the exploitation of natural resources. The initiative is also complementary to the EU FLEGT Action Plan (Forest Law Enforcement, Governance and Trade) and the Timber Regulation, which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the EUthe Union market. The detailed requirements are defined in Chapter 9 of Directive 2011/.../EU of the European Parliament and of the Council.
Amendment 1 #
2011/0303(NLE)
Draft opinion
Paragraph 1
Paragraph 1
The Committee on International Trade calls on the Committee on Foreign Affairs, as the committee responsible, to propose that Parliament decline to give its consent.
Amendment 2 #
2011/0303(NLE)
Draft opinion
Citation 3 b (new)
Citation 3 b (new)
– having regard to the proposal for a European Parliament recommendation to the Council on the negotiating mandate for an association agreement between the European Union and its Member States, and the countries of Central America,
Amendment 3 #
2011/0303(NLE)
Draft opinion
Citation 3 c (new)
Citation 3 c (new)
– having regard to the trade chapter of the EU-Central America Association Agreement,
Amendment 4 #
2011/0303(NLE)
Draft opinion
Citation 3 d (new)
Citation 3 d (new)
– having regard to the final report on the EU-Central America Trade Sustainability Impact Assessment (TRADE08/C1/C14 & C15 – Lot 2)1, _____________ 1‘ Trade Sustainability Impact Assessment of the Association Agreement to be negotiated between the EU and Central America’.
Amendment 7 #
2011/0303(NLE)
Draft opinion
Recital B
Recital B
B. whereas the PA must meets the EU’s objective to promote regional integration through trade, laid down in Commission Communication ‘Trade, Growth and World Affairs’ and in line with the Europe 2020 strategy, uses trade as an engine for competitiveness and developmentand social cohesion, taking into account the asymmetries between the two regions,
Amendment 9 #
2011/0303(NLE)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the Council is proposing that the trade-related part should be applied provisionally before the political and cooperation pillars enter into force,
Amendment 11 #
2011/0303(NLE)
Draft opinion
Recital C
Recital C
C. stressing the magnitude of the trade part of the PA that qualitatively and quantitatively extends the range of goods and services that will benefit from a free trade area and establishes a framework for legal security and certainty that will stimulate the flow of goods, services and investments; whereas although this is the first comprehensive association agreement between regions, it is regrettable that the PA focuses more on trade than on the other aspects involved,
Amendment 14 #
2011/0303(NLE)
Draft opinion
Recital D
Recital D
D. anticipating that the trade part of the PA will facilitate, on a sector-by-sector basis, immediate or gradual open access tariff payment, with the objective of creating a bi-regional free trade area subject to a stable and predictable regime that will encourage prothat means losing the tariff flexibility permitted by the WTO, and recognising that the use of export ductive investment, greater penetration of the region in world trade, efficient resource management and increased competitivenesses is vital for governments with limited resources and constitutes a political tool with which to generate added value in the mining and farming sectors with a view to promoting industrialisation,
Amendment 15 #
2011/0303(NLE)
Draft opinion
Recital D b (new)
Recital D b (new)
Db. whereas instead of building on the benefits of GSP+, the EU pushed for the large-scale opening-up of the services market in Central America, going against the European Parliament’s recommendation to ‘take into account the importance of guaranteeing universal access to essential services and of national rights to regulate, and thus of proceeding cautiously in the negotiations on the liberalisation of trade in services’,
Amendment 17 #
2011/0303(NLE)
Draft opinion
Recital E
Recital E
E. whereas one of the PA’s main objectives to contribute to greater regional integration and stability in CA will be achieved provided that the states party to it show a clear political will and make a commitment to overcoming difficulties and achieving further dynamic integration (including Panama), by adopting effective, equivalent and appropriate measures in order to bring together synergies, and strengthen that agreed within the PA, thereby contributing to economic,whereas for this to happen the PA should go beyond customs union and include the consolidation of a joint institutional structure that is both political and sojudicial developmentin nature,
Amendment 19 #
2011/0303(NLE)
Draft opinion
Recital F
Recital F
F. reiterating the positive effects for both parties of establishing a framework to strengthen legal security and to encourage an increase in trade and investment flows and sectorial and geographical diversification; anticipating that the most significant effect for the EU will be the savings resulting from the staggered reduction or elimination of tariffs and trade facilitation, and investment in a framework of stability and mutual trust, stressing the commitment of both regions to international standards, especially those of the World Trade Organisation (WTO) and International Labour Organisation (ILO); noting that for CA it will imply a greater international presence, a strategic partnership with an established market, and an opportunity for diversificati for the benefit of the production chains of major companies, the investment opportunities involved in buying up national industries, broader intra- company trade as a result of liberalisation or efforts to prevent the establishment of a regulatory framework, within a WTO-plus scheme, with a dispute resolution mechanism, while breaches of ILO standards are not subject to sanctions; noting that for CA the social and environmental impact report predicted that production would be focused on primary sectors such as fruit, vegetables and dried fruits, that there would be more pressure on land for attracting long- term productive investmentsand water resources and that social conflict would increase,
Amendment 21 #
2011/0303(NLE)
Draft opinion
Recital G
Recital G
G. recognising the asymmetry of the PA, indicated, inter alia, by the graduation and the establishment of different transitional periods for both regions, enabling productive structures to be adapted to new economic and commercial realitthe sole indication of which is the granting of longer phasing-out periods for tariffs on certain products; whereas the decision to go beyond the WTO framework by including the liberalisation (or by effectively making any future regulation impossible) of sectors that are vital for development, such as services, public procurement and intellectual property rights, gives the Central American countries rlesulting from its implementations room to manoeuvre politically in deciding on their development strategies,
Amendment 23 #
2011/0303(NLE)
Draft opinion
Recital H
Recital H
H. highlighting among its principles respect for democratic principles and fundamental human rights, and the rule of law that will stre; regretting then the domestic and international policies of both partiesat no specific mechanism has been included to guarantee its effectiveness, as the European Parliament had recommended; stressing the importance of including a specific heading on ‘Trade and Sustainable Development’ with references to international standards and agreements on labour, the environment and governance, consistent with the objective of sustainable and balanced development that reduces disparities between and within the parties, thereby setting an important precedent for future negotiations; anticipating; regretting that this heading is not linked to the dispute settlement mechanism, which means that the requirement to meet these standards is less of a priority thatn trade will foster economic development, green growth and social cohesion; welcomhe provisions of the GSP+ system currently in force; regretting the inclusion of institutional and monitoring mechanisms such as the Committee on Trade and Sustainable Development and the Civil Society Dialogue Forum, which do not involve wider civil society in the follow-up to the agreement, as recommended by the European Parliament,
Amendment 24 #
2011/0303(NLE)
Draft opinion
Recital I
Recital I
I. emphasising that the commitment of both regions in respect of geographical indications and intellectual property in accordance with international standards is most unilaterally beneficial for European industry and trade,
Amendment 28 #
2011/0303(NLE)
Draft opinion
Recital J
Recital J
J. recalling that all states in CA benefit from the Generalised System of Preferences Plus scheme (GSP+), which will cease to apply on 31 December 2013; noting that the new GSP scheme will not apply to those countries with upper-middle income, thereby Costa Rica and Panama would lose their right to benefit from this system; further noting that the GSP is unilateral, temporary, revisable, covers a smaller range of products and excludes most agricultural products, whereas the PAwhereas when the Association Agreement enters into force the countries of Central America will improleave the trading position of all CA states by establishing a new, more comprehensive, secure and mutually beneficial legal framework; welcoming that this new scheme will enable progressive liberalisation in the exchange of goods and services, public procurement and the promotion of investment without compromising the achievements made in complying with international standards on society, labour and the envirspecial GSP+ scheme under which they receive trade preferences in return for ensuring the effective implementation of 27 international conventions, including the ILO’s four core conmvent;ions,
Amendment 30 #
2011/0303(NLE)
Draft opinion
Recital J a (new)
Recital J a (new)
Amendment 32 #
2011/0303(NLE)
Draft opinion
Recital J b (new)
Recital J b (new)
Jb. whereas the 2003 Political Dialogue and Cooperation Agreement between the European Union and Central America only entered into force in June 2012, and whereas the corresponding parts of the Association Agreement are just as likely to be subject to severe delays in implementation, while the trade-related part will come into effect in line with its provisional implementation following a vote in favour by the EP,
Amendment 33 #
2011/0303(NLE)
Draft opinion
Paragraph 1 – point i
Paragraph 1 – point i
i) FacilitateEmphasise that the Agreement boosts the processing, ratificatile of the Central American countries as exporters of raw materials, which will ratchet up the pressure on land conclusion of the PAand water and focus production on a small number of sectors such as fruit, vegetables and dried fruit, as pointed out in the social and environmental impact report commissioned by the Commission;
Amendment 34 #
2011/0303(NLE)
Draft opinion
Paragraph 1 – point ii
Paragraph 1 – point ii
ii) Contribute to the revitalisation and strengthening of economic and trade relations and the integration of the productive fabric of both regions in order to achieve maximum benefits from implementing the PA, thus promoting balanced and sustainable growth that gives rise to new economic, trade and investment opportunities that enable greater integration of CA ad intra and ad extra in the international trade structurExpress concern about the foreseeable social and environmental impact that the Agreement will have and the effects of this in a region that is already worryingly prone to natural disasters, something that will worsen as a result of climate change;
Amendment 36 #
2011/0303(NLE)
Draft opinion
Paragraph 1 – point iii
Paragraph 1 – point iii
iii) Ensure compliance with the conditions defined in the PA, seeking greater synergy between both regions but without sacrificing general interests, including geographical indications and intellectual propertDraw attention to the way in which the discussions on this Agreement have totally ignored the signs that democracy is receding in the region, the tendency towards militarisation and the human rights violations that are continuing in some countries and occurring once again in others, including the increasing number of murders of trade union activists and the consistently rhights, and EU economic and trade priorities number of murders of women;
Amendment 38 #
2011/0303(NLE)
Draft opinion
Paragraph 1 – point iv
Paragraph 1 – point iv
iv) Promote cooperation with appropriate technical anCall for the 2003 Political Dialogue and Cooperation Agreement, which recently entered financial resources in strategic sectors for both regions, particularly on trade and sustainable development, and scientific and technical cooperation in areas such as institutional capacity building, harmonisation of standards, customs procedures and statistics, intellectual property, provision of services, government procurement, electronic commerce, industrial development, sustainable resource management, sanitary and phytosanitary standards, support to SMEs and diversification; recognise the importance of modernisation and technological innovation and use this PA as an instrument with which to achieve themto force, to be implemented as soon as possible; call for the establishment of the technical conditions that the countries of Central America need to continue to benefit from GSP+ following the entry into force of the new scheme, which, being open-ended, brings predictability and security for exporters in Central America; and call for both partners to start discussions on the shape of an agreement that enhances regional integration, regulates the sectors that caused the financial crisis and develops the tools needed to address the challenges of climate change, environmental degradation, violence, public insecurity, increasing inequality and low civic participation;
Amendment 46 #
2011/0303(NLE)
Draft opinion
Paragraph 1 – point vi
Paragraph 1 – point vi
Amendment 4 #
2011/0288(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) The cross compliance system incorporates in the CAP basic standards for the environment, climate change, good agricultural and environmental condition of land, public health, animal health, plant health and animal welfare. This link aims at contributing to the development of a sustainable agriculture through a better awareness of beneficiaries of the need to respect those basic standards. It aims also at contributing to make the CAP more compatible with the expectation of the society through a better consistency of that policy with the environment, public health, animal health, plant health and animal welfare policies. The CAP should "do no harm": the statutory management requirements ("SMRs") already represent the legal minimum of environmental quality in all relevant laws in the aquis: meaningful cross-compliance plus compulsory greening should be a "baseline for sustainability", a contract with society to assure citizens that public money is spent on public goods rather than creating extra costs in cleaning up environmental pollution, solving public health crises, the costs of reduced fertility and productivity, etc. A CAP that does not degrade its own and other resource bases therefore represents budgetary efficiency.
Amendment 5 #
2011/0288(COD)
Proposal for a regulation
Article 110 – paragraph 2 – subparagraph 1 – point a
Article 110 – paragraph 2 – subparagraph 1 – point a
(a) viable food production, with a focus on agricultural incomefarmer's income, price margins, agricultural productivity and price stability;
Amendment 6 #
2011/0288(COD)
Proposal for a regulation
Article 110 – paragraph 2 – subparagraph 1 – point c a (new)
Article 110 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) impact on developing countries of price subsidies for exports, tariffs and trade barriers, as part of a "do no harm" CAP.
Amendment 10 #
2011/0282(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) The reform should ensure that, in accordance with Article 208 of the Treaty on the Functioning of the European Union (TFEU), objectives of development cooperation, including those approved in the context of the United Nations and other international organisations, are taken into account by the CAP. Measures taken under this regulation should neither undermine the right of people and sovereign states to democratically determine their own agricultural and food policies nor jeopardize the food production capacity and long-term food security of developing countries, in particular least developed countries (LDCs), and such measures should contribute to achieving the Union's commitments on mitigating climate change. In promoting sustainable agriculture, the EU should build on the conclusions of the International Assessment of Agricultural Knowledge, Science and Technology for Development (IAASTD), thereby giving increased importance to the multifunctionality of agriculture, while accounting for the complexity of agricultural systems within diverse social and ecological contexts.
Amendment 11 #
2011/0282(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35 a) Agricultural knowledge, science and technology should contribute to the multifunctionality of agriculture, sustain the diversity of agriculture and food systems, maintain biodiversity, sustain natural resources, improve rural livelihoods, including increasing small- scale farm diversification, and minimize the adverse impacts of agricultural activity on people and the environment;
Amendment 12 #
2011/0282(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The LEADER approach for local development has, over a number of years, proven its utility in promoting the development of rural areas by fully taking into account the multi-sectoral needs for endogenous rural development through its bottom-up approach. LEADER should therefore be continued in the future and its application should remain compulsory for all rural development programmes. Further exploration of synergies through cooperation with local development actors in developing countries should be encouraged, with full respect for the recognition of traditional knowledge as embodied in the UN Declaration on the Rights of Indigenous People and the UN Convention on Biological Diversity, with the aim to promote sustainable farming practices, compatible with the protection and improvement of the environment, soil and genetic diversity.
Amendment 13 #
2011/0282(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Implementation of innovative projects in the context of the EIP for agricultural productivity and sustainability should ensure effective interdisciplinarity and be undertaken by operational groups bringing together farmers, researchers, advisors, businesses and other actors concerned by innovation in the agricultural sector with the aim to promote advanced sustainable farming systems, thereby minimizing the adverse environmental impact of agricultural activity, while increasing small-scale farm diversification. Cooperation with innovation networks in developing countries, which pursue similar objectives, should be encouraged, with full respect for the principles related to the protection of traditional knowledge as embodied in the UN Declaration on the Rights of Indigenous People and the UN Convention on Biological Diversity. In order to ensure that results of such projects profit to the sector as a whole, their results should be disseminated.
Amendment 15 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
All of the priorities shall contribute to the cross-cutting objectives of innovation, environment and climate change mitigation and adaptation in line with the conclusions of the International Assessment of Agricultural Knowledge, Science and Technology for Development (IAASTD), and, where appropriate, reflect EU development objectives, thereby encouraging rural actors to plan and carry out local development strategies, promoting community ownership, community capacity building and innovation.
Amendment 16 #
2011/0282(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. The reform shall ensure that, in accordance with Article 208 TFEU, objectives of development cooperation, including those approved in the context of the United Nations and other international organisations, are taken into account by the CAP. Measures taken under this regulation shall neither undermine the right of people and sovereign states to democratically determine their own agricultural and food policies nor jeopardize the food production capacity and long-term food security of developing countries, in particular least developed countries (LDCs). Such measures shall furthermore contribute to achieving the Union's commitments on mitigating climate change. In promoting sustainable agriculture, the Union should build on the conclusions of the International Assessment of Agricultural Knowledge, Science and Technology for Development (IAASTD).
Amendment 17 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2 a. It shall be obligatory for rural development programmes to offer measures to support crop rotation, the inclusion of protein crops in the rotation, and the improvement of perennial cultivations.
Amendment 19 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 7
Article 36 – paragraph 7
7. Co-operation among actors located in different regions or Member States as well as co-operation with local actors and decentralised government from developing countries focusing on small- scale producers shall also be eligible for support.
Amendment 20 #
2011/0282(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point a – introductory part
Article 44 – paragraph 1 – point a – introductory part
(a) inter-territorial or transnational co- operation projects, including cooperation projects with developing countries that give priority to community-led local development partnerships;
Amendment 22 #
2011/0282(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point d a (new)
Article 61 – paragraph 1 – point d a (new)
(d a) facilitate the exchange of research, knowledge and technology relevant for agricultural productivity and sustainability between the Union and developing countries with the specific goal of promoting advanced sustainable farming systems, thereby paying particular attention to the needs of smallholder farmers;
Amendment 23 #
2011/0282(COD)
Proposal for a regulation
Article 61 – paragraph 2 – point c a (new)
Article 61 – paragraph 2 – point c a (new)
(c a) cooperating with relevant networks and institutions in developing countries, with the specific goal of exchanging good agronomic and agro-environmental practices.
Amendment 10 #
2011/0281(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The reform should ensure that, in accordance with Article 208 of the Treaty on the Functioning of the European Union (TFEU), objectives of development cooperation, including those approved in the context of the United Nations and other international organisations, are taken into account by the CAP. Measures taken under this regulation should neither undermine the right of people and sovereign states to democratically determine their own agricultural and food policies nor jeopardize the food production capacity and long term food security of developing countries, in particular least developed countries (LDCs), and such measures should contribute to achieving the Union's commitments on mitigating climate change.
Amendment 11 #
2011/0281(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The production and marketing of fruit and vegetables should fully take into account environmental concerns, including cultivation practices, management of waste materials and disposal of products withdrawn from the market, in particular as regards protection of water quality, maintenance of biodiversity and the upkeep of the countryside. Priority should be given to fair trade products.
Amendment 12 #
2011/0281(COD)
Proposal for a regulation
Recital 83
Recital 83
(83) Specific instruments will still be needed after the end of the quota system to ensure a fair balance of rights and obligations, transparency in price- formation and fair contractual arrangements between sugar undertakings and sugar beet growers, especially from developing countries. Therefore, the standard provisions governing agreements between them should be established.
Amendment 14 #
2011/0281(COD)
Proposal for a regulation
Recital 94
Recital 94
(94) A single market involves a trading system at the external borders of the Union. That trading system should include import duties and should continue to include, for a limited period, export refunds and should, in principle, stabilise the Union market. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations and in bilateral agreements, and take into account the Union's development objectives and commitments towards developing countries as well as the commitment of the 2005 WTO ministerial declaration of eliminating all forms of export subsidies until 2013.
Amendment 15 #
2011/0281(COD)
Proposal for a regulation
Recital 105
Recital 105
(105) The customs duty system makes it possible to dispense with all other protective measures at the external borders of the Union. The internal market and duty mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the Union market without defence against disturbances that might ensue, the Union should be able to take all necessary measures without delay. Such measures should comply with the international commitments of the Union and policy coherence for development.
Amendment 16 #
2011/0281(COD)
Proposal for a regulation
Recital 107
Recital 107
(107) Provisions for granting refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should serve to safeguard the Union's participation in international trade in certain products falling within this Regulation. Subsidised exports should be subject to limits in terms of value and quantity and should not jeopardise the food production capacity and long-term food security of developing countries. Export refunds should be phased out by 2013 according to the commitment of the 2005 WTO ministerial declaration.
Amendment 19 #
2011/0281(COD)
Proposal for a regulation
Part 1 – article 2 a (new)
Part 1 – article 2 a (new)
Article 2a Policy coherence for development In accordance with Article 208 TFEU, objectives of development cooperation, including those approved in the context of the United Nations and other international organisations, shall be taken into account in the implementation of this regulation. Measures taken under this regulation shall neither undermine the right of people and sovereign states to democratically determine their own agricultural and food policies nor jeopardise the food production capacity and long-term food security of developing countries, in particular of least developed countries (LDCs). Such measures shall furthermore contribute to achieving the Union's commitments on mitigating climate change.
Amendment 20 #
2011/0281(COD)
Proposal for a regulation
Part 2 – article 21 – paragraph 3
Part 2 – article 21 – paragraph 3
3. When drawing up their strategies, Member States shall draw up a list of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors that will be eligible under their respective schemes, taking into account in particular fair trade products. This list, however, shall not include products excluded by the measures adopted by the Commission by means of delegated acts pursuant to point (a) of Article 22(2). Member States shall choose their products on the basis of objective criteria which may include seasonality, availability of produce or environmental concerns. In this connection, Member States may give preference to products originating in the Union.
Amendment 21 #
2011/0281(COD)
Proposal for a regulation
Part 3 – article 118 – paragraph 2 – point a
Part 3 – article 118 – paragraph 2 – point a
(a) define the rights and obligations deriving from the licence, including evidence that the export has no harmful effect on local producers in developing countries, its legal effects, a tolerance as regards the respect of the obligation to import or export, and the indication of the origin and provenance where that is compulsory;
Amendment 22 #
2011/0281(COD)
Proposal for a regulation
Part 3 – article 120 – paragraph 1 – point b
Part 3 – article 120 – paragraph 1 – point b
(b) reject the quantities applied for in case the product has harmful effects on local producers in developing countries; and
Amendment 23 #
2011/0281(COD)
Proposal for a regulation
Part 3 – article 131 – paragraph 2 a (new)
Part 3 – article 131 – paragraph 2 a (new)
2a. Safeguard measures can be taken by third countries when exports from the Union pose a risk to local consumers and food security in developing countries in accordance with the Union's commitment to policy coherence for development.
Amendment 24 #
2011/0281(COD)
Proposal for a regulation
Part 3 – article 136 – paragraph 1 a (new)
Part 3 – article 136 – paragraph 1 a (new)
1a. In order to ensure policy coherence for development and since there is a risk that the export of the product concerned is harmful to local producers, no export refunds shall be granted for exports to developing countries. Until the phasing- out effectively takes place, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 of this regulation to define the conditions and procedures for granting export refunds for exports to developing countries.
Amendment 25 #
2011/0281(COD)
Proposal for a regulation
Part 5 – article 157 – paragraph 1 – subparagraph 1
Part 5 – article 157 – paragraph 1 – subparagraph 1
For the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, of checking, controlling, monitoring, evaluating and auditing CAP measures, implementing international agreements and policy coherence for development, including notification requirements under those agreements, the Commission may in accordance with the procedure referred to in paragraph 2 adopt the necessary measures regarding communications to be made by undertakings, Member States and/or third countries. In so doing it shall take into account the data needs and synergies between potential data sources, also taking into account data from third countries.
Amendment 26 #
2011/0281(COD)
Proposal for a regulation
Part 5 – article 159 – paragraph 2 – point c a (new)
Part 5 – article 159 – paragraph 2 – point c a (new)
(ca) the food facility in case of high food prices at global level and a risk of famine in developing countries.
Amendment 27 #
2011/0281(COD)
Proposal for a regulation
Part 6 – article 165 – paragraph 2 a (new)
Part 6 – article 165 – paragraph 2 a (new)
2a. Articles 133 to 141 shall apply until 31 December 2013.
Amendment 6 #
2011/0280(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The reform should ensure that, in accordance with Article 208 TFEU, objectives of development cooperation, including those approved in the context of the United Nations and other international organisations, are taken into account by the CAP. In particular, measures taken under this regulation should neither undermine the right of people and sovereign states to democratically determine their own agricultural and food policies nor jeopardize the food production capacity and long term food security of developing countries, in particular least developed countries (LDCs), and such measures should contribute to achieving the Union's commitments on mitigating climate change.
Amendment 7 #
2011/0280(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) One of the objectives of the new CAP is the enhancement of environmental performance through a mandatory ‘"greening’" component of direct payments which will support agricultural practices beneficial for the climate and the environment applicable throughout the Union. For that purpose, Member States should use part of their national ceilings for direct payments to grant an annual payment, on top of the basic payment, for compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practises should take the form of simple, generalised, non-contractual and annual actions that go beyond cross- compliance and are linked to agriculture such as crop diversificed crop rotation, maintenance of permanent grassland and ecological focus areas, or production of crops which are beneficial to the climate and the environment, help lower production costs and stimulate local markets in animal feed. The compulsory nature of those practises should also concern farmers whose holdings are fully or partly situated in ‘'Natura 2000’' areas covered by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and by Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as long as these practises are compatible with the objectives of those Directives. Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 should benefit from the ‘'greening’' component without fulfilling any further obligation, given the recognised environmental benefits of the organic farming systems. Non-respect of the ‘'greening’' component should lead to penalties on the basis of Article 65 of Regulation (EU) No […...] [HZR].
Amendment 8 #
2011/0280(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Member States should be allowed to use part of their national ceilings for direct payments for coupled support in certain sectors in clearly defined cases. The resources that may be used for any coupled support should be limited to an appropriate level, while allowing such support to be granted in Member States or in their specific regions facing particular situations where specific types of farming or specific agricultural sectors are particularly important for economic, environmental and/or social reasons. Member States should be allowed to use up to 5 % of their national ceilings for this support, or 10 % in case their level of coupled support in at least one of the years of the period 2010- 2013 exceeded 5 %. However, in duly justified cases where certain sensitive needs in a region are demonstrated, and upon approval by the Commission, Member States should be allowed to use more than 10 % of their national ceiling. Coupled support should only be granted to the extent necessary to create an incentive to maintain current levels of production in those regions or increase levels of production in the case of leguminous crops in rotation. This support should also be available to farmers holding, on 31 December 2013, special payment entitlements allocated under Regulation (EC) No 1782/2003 and Regulation (EC) No 73/2009 and who do not have eligible hectares for the activation of payment entitlements. As regards the approval of voluntary coupled support exceeding 10 % of the annual national ceiling fixed per Member State, the Commission should further be empowered to adopt implementing acts without applying Regulation (EU) No 182/2011.
Amendment 10 #
2011/0280(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 11 #
2011/0280(COD)
Proposal for a regulation
Article 30 – title
Article 30 – title
Crop diversificationrotation, crop diversification, and cover crops
Amendment 12 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the arable land of the farmer covers more than 310 hectares and is not entirely used for grass productionpasture (sown or natural), entirely left fallow, cultivated with permanent crops or entirely cultivated with crops under water for a significant part of the year, cultivation on the arable land shall consist of at least three different crops. None of those three crops shall cover less than 5 % of the arable land and the main onecrop rotation including at least four crops and including at least one regionally appropriate leguminous plant on a minimum of 10% of the eligible hectares. None of those four crops shall not exceed 750 % of the arable land.
Amendment 13 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. Where the arable land of the farmer covers less than 10 hectares and is not entirely used for pasture or grass production (sown or natural), entirely left fallow, cultivated with permanent crops or entirely cultivated with crops under water for a significant part of the year, cultivation of the arable land shall consist of crop diversification of at least three crops, including leguminous plants on a minimum of 5% of the eligible hectares.
Amendment 1 #
Amendment 25 #
2011/0242(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The situations can arise where a large numbers of third country nationals cross the external border of one or more Member States. This might result in an unexpected and significant increase in secondary movements of third country nationals found to be irregularly staying in the territory of another Member State or States. Taking into account the number of Member States affected by such an unexpected and significant increase in secondary movements, and the overall impact of this increase on the migratory situation in the Union or in an individual Member State, it may be considered necessary to temporarily reintroduce border control at internal borders where the circumstances would be such as to constitute a serious threat to public policy or to internal security at the Union or national level. The crossing of the external border of a large number of third-country nationals might, in exceptional circumstances, justify the immediate reintroduction of some internal border controls, if such a measure is needed to safeguardmigratory situation, in particular, the crossing of external borders by third- country nationals, should not per se be considered to be a threat to public policy andor internal security at the Union or national level from a serious and urgent threat.
Amendment 41 #
2011/0242(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. These powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers. Except in cases of urgency, and in view of the terms of Article 2(2)(b)(iii) of that Regulation, the examination procedure is applicable. The European Parliament should be immediately and fully informed at all stages of the procedure.
Amendment 44 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Where in the area without border control at internal borders there is a serious specific and tangible threat to public policy or internal security at the Union or national level, border control at internal borders may exceptionally be reintroduced at all or specific parts of the internal borders of one or several Member States for a limited period of no more than 30 days or for the foreseeable duration of the serious threat if its duration exceeds the period of 30 days. The scope and duration of the temporary reintroduction of border control at internal borders shall not exceed what is strictly necessary to respond to the serious threat.
Amendment 47 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Border control at internal borders may only be reintroduced as a last resort in accordance with the procedures foreseen in Articles 24, 25 and 26 of this Regulation. The criteria listed in Article 23a must be taken into account in each case where a decision on the reintroduction of border control at internal borders is contemplated.
Amendment 51 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The total period during which border control is reintroduced at internal borders, on the basis of the initial period under paragraph 1 and prolongations under paragraph 3, shall not exceed six months. In cases of persistent serious deficiencies related to external border control or return procedures identified in accordance with Article 15 of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, the Commission can decide to extend this period.
Amendment 54 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23a – paragraph 1 – point a
Article 23a – paragraph 1 – point a
(a) the likely impact of any specific and tangible threats to public policy or internal security at the Union or national level, including following terrorist incidents or threats as well as threats posed by organised crime;
Amendment 58 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23a – paragraph 1 – point c
Article 23a – paragraph 1 – point c
(c) the current and likely future impact of any serious deficiencies related to external border control or return procedures identified by Schengen evaluations in accordance with the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis;
Amendment 83 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In cases where the Commission finds that there are persistent serious deficiencies related to external border control or return procedures identified in accordance with Article 15 of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, and insofar as these deficiencies constitute a serious threat to public policy or internal security at the Union or national level, border control at internal borders may be reintroduced for a period of no more than six months. This period can be prolonged by a further period of no more than six months if the serious deficiencies are not remedied. No more than three such prolongations will be possible.
Amendment 91 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 4 #
2011/0177(APP)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the need for a European added value of the funded activities and an adequate balance between the policy objectives in all the funds and programmes;
Amendment 5 #
2011/0177(APP)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the simplification of funding structures by establishing the Asylum and Migration Fund and the Internal Security Fund as well as generally applicable rules on programming, management, control and reporting, as long as a balance is kept for the different priorities within the funds;
Amendment 8 #
2011/0177(APP)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that the envelope foreseen for the Asylum and Migration Fund reflects the objectives in this area; takes note of the particular emphasis on resettlement and relocation and return measures; stresses the need for a European added value of the funded activities and an adequate balance between the policy objectivmeasures;
Amendment 9 #
2011/0177(APP)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates that new tasks such as the EU PNR system or the smart borders package are already planned; takes the view that the amount foreseen for the Internal Security Fund does not reflect its objectives; asks for a budget that allows to adequately deliver onnot yet decided; stresses that money shall only be proposed and allocated for initiatives that fully meet the objectives of the funds, fully respect and comply with the Treaties and the acquis, and have already passed those policy prioritiesarliamentary procedure;
Amendment 15 #
2011/0177(APP)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Repeats its position that additional funding should only be allocated to FRONTEX once the Agency establishes the post of the Fundamental Rights Officer;
Amendment 16 #
2011/0177(APP)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Stresses the need for a proper evaluation of existing measures and that proper impact assessments shall be obligatory before new initiatives are made.
Amendment 1 #
2011/0167(NLE)
Proposal for a decision
–
–
The Committee on Development calls on the Committee on International Trade, as the committee responsible, to propose that Parliament decline to give its consent.
Amendment 7 #
2011/0117(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) a special arrangement for the least- developed countries and least-developed regions.
Amendment 9 #
2011/0117(COD)
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) ‘'EBA beneficiary countries’' means beneficiary countries of the special incentive arrangement for least developed countries and least developed regions as listed in Annex IV;
Amendment 10 #
2011/0117(COD)
Proposal for a regulation
Article 2 – point e a (new)
Article 2 – point e a (new)
(ea) 'Least-developed region' means a customs union or a free trade area where the majority of the members are least- developed countries and all members have committed to form a customs union among themselves through a legally binding instrument setting out timeframes for implementation.
Amendment 13 #
2011/0117(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
aa) it has been classified by the World Bank as an upper-middle income country during the three consecutive years immediately preceding the update of the list of beneficiary countries and it is not considered to be vulnerable due to a lack of diversification and insufficient integration within the international trading system, as defined in Annex VII;
Amendment 15 #
2011/0117(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Paragraph 1(b) shall not apply to least- developed countries or to least-developed regions.
Amendment 16 #
2011/0117(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b a (new)
Article 5 – paragraph 2 – point b a (new)
(ba) the removal of a beneficiary country from the list of GSP beneficiary countries, in accordance with paragraph 3 and on the basis of Article 4(1)(a) and (b), shall happen in phases over a period of 10 years.
Amendment 19 #
2011/0117(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The requesting country shall submit its request to the Commission in writing. The request shall provide comprehensive information concerning the ratification and effective implementation of the conventions listed in Annex VIII and shall include the binding undertakings referred to in Article 9(1)(c),(d) and (e).
Amendment 20 #
2011/0117(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. The Commission's decision on initial eligibility shall be made on the basis of the conclusions and recommendations of the relevant monitoring bodies and any information submitted by third parties, including civil society and trade unions.
Amendment 21 #
2011/0117(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The Commission shall notify the requesting country of a decision taken in accordance with paragraphs 4 and 5 and publish a notice in the Official Journal of the European Union announcing and motivating its decision. Where the requesting country is granted the special incentive arrangement, it shall be informed of the date on which that decision enters into force.
Amendment 24 #
2011/0117(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. In drawing its conclusions concerning effective implementation of the conventions referred to in Annex VIII the Commission shall assess the conclusions and recommendations of the relevant monitoring bodies, and any information submitted by third parties, including civil society and trade unions or the European Parliament.
Amendment 25 #
2011/0117(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. The Commission shall seek all information it considers necessary, inter alia, the conclusions and recommendations of the relevant monitoring bodies and any information submitted by third parties, including civil society and trade unions or the European Parliament. In drawing its conclusions, the Commission shall assess all relevant information.
Amendment 26 #
2011/0117(COD)
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
8. Where the Commission considers that the findings do not justify temporary withdrawal, it shall adopt a decision to terminate the temporary withdrawal procedure in accordance with the advisory procedure referred to in Article 38(2). The decision shall be fully motivated, based on evidence received, and be published immediately.
Amendment 27 #
2011/0117(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. An eligible country, as listed in Annex I, shall benefit from the tariff preferences provided under the special arrangement for the least-developed countries and least- developed regions, referred to in Article 1(2)(c), if that country is identified by the United Nations as a least-developed country or if that country belongs to a least-developed region.
Amendment 28 #
2011/0117(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) serious and systematic violation of principles laid down in the conventions listed in Part A of Annex VIII, in accordance with Article 19(2a);
Amendment 29 #
2011/0117(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
Amendment 32 #
2011/0117(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. The Commission shall accept for review a submission from the European Parliament or other third parties, including trade unions or civil society, with regard to an alleged violation of Article 19(1).
Amendment 33 #
2011/0117(COD)
Proposal for a regulation
Article 19 – paragraph 4 – point b
Article 19 – paragraph 4 – point b
(b) set forth the measures that the beneficiary country must undertake to comply with Article 19(1); state that the Commission will monitor and evaluate the situation in the beneficiary country concerned for six months from the date of publication of the notice.
Amendment 34 #
2011/0117(COD)
Proposal for a regulation
Article 19 – paragraph 9
Article 19 – paragraph 9
9. Where the Commission considers that the findings do not justify temporary withdrawal, it shall decide, in accordance with the advisory procedure referred to in Article 38(2), to terminate the temporary withdrawal procedure. The decision shall be fully motivated, based on evidence received, and be published immediately.
Amendment 35 #
2011/0117(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1, it shall be empowered, in accordance with Article 36, to adopt delegated acts to amend Annex II, III, IV, whichever is applicable, in order to temporarily withdraw the tariff preferences referred to in Article 1(2). The decision shall be fully motivated, based on evidence received, and be published immediately.
Amendment 36 #
2011/0117(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. Every developing countries in a least- developed region shall be classified as a "beneficiary country" in the meaning of Article 67(a) of Regulation (EEC) No. 2454/93.
Amendment 37 #
2011/0117(COD)
Proposal for a regulation
Article 33 – paragraph 2 b (new)
Article 33 – paragraph 2 b (new)
2b. A least-developed region is considered to be a regional group in the meaning of Article 67(k) of Regulation (EEC) No 2454/93.
Amendment 39 #
2011/0117(COD)
Proposal for a regulation
Annex VIII – Part B - point 27 a (new)
Annex VIII – Part B - point 27 a (new)
27a. United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks;
Amendment 41 #
2011/0117(COD)
Proposal for a regulation
Recital 9 - first paragraph
Recital 9 - first paragraph
(9) The general arrangement should be granted to all those developing countries which share a common developing need and are in a similar stage of economic development. These arrangements should provide a real alternative for ACP countries that do not wish to conclude an Economic Partnership Agreement. Countries which are classified by the World Bank as high- income or upper-middle income countries have per capita income levels allowing them to attain higher levels of diversification without the scheme's tariff preferences and include economies which have successfully completed their transition from centralised to market economies. ThosSome countries which are classified by the World Bank as upper-middle income countries however, are still vulnerable due to the lack of diversification and their insufficient integration in the world economy. High- income countries and non-vulnerable upper-middle income countries do not share the same development, trade and financial needs as the remaining developing countries; they are at a different stage of economic development, i.e they are not similarly-situated as the more vulnerable developing countries; and, so as to prevent unjustified discrimination, they need to be treated differently. Furthermore, the use of tariff preferences provided under the scheme by high-income or non- vulnerable upper-middle income countries increases the competitive pressure on exports from poorer, more vulnerable countries and therefore could impose unjustifiable burden on those more vulnerable developing countries. The general arrangement takes account of the fact that the development, financial and trade needs are subject to change and assures that the arrangement remains open if the situation of a country changes.
Amendment 44 #
2011/0117(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Commission should monitor the status of ratification of the international conventions and their effective implementation, by examining the conclusions and recommendations of the relevant monitoring bodies established under the respective conventions, and any information submitted by third parties, including civil society and trade unions. Every two years, the Commission should present, to the European Parliament and the Council, a report on the status of ratification of the conventions, the compliance of the beneficiary countries with any reporting obligations under the conventions, and the status of the implementation of the conventions in practice.
Amendment 45 #
2011/0117(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Regional integration is an important instrument for sustainable development. Developing countries and least-developed countries which are building regional economic blocs share common development, trade or financial needs. Therefore developing countries which belong to a least-developed region, meaning a customs union or a free trade area where the majority of the members are least-developed countries and all members have committed to form a customs union among themselves, should also enjoy the same special arrangement as for the least-developed countries.
Amendment 46 #
2011/0117(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The special arrangement for the least- developed countries and least-developed regions should continue to grant duty-free and quota-free access to the European Union market for products originating in the least-developed countries or countries belonging to least-developed regions, as recognised and classified by the United Nations, except for trade in arms. For a country no longer classified by the UN as a least-developed country or a country formerly belonging to a least-developed region, a transitional period should be established, to alleviate any adverse effects caused by the removal of the tariff preferences granted under this arrangement. Tariff preferences provided under the special arrangement for the least- developed countries and least-developed regions should continue to be granted for those countries belonging to a least- developed countriesregion, which benefit from another preferential market access arrangement with the European Union.
Amendment 39 #
2010/2308(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Considers it important in this respect that the compliance of ISS measures with the Union's fundamental rights obligation and the principles of international law is enforced effectively by mechanisms such as unannounced on the spot controls, periodic evaluations by fundamental rights agencies and an obligation to recast the measures in case they are in breach of fundamental rights;
Amendment 72 #
2010/2308(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the focus on border security in the context of the ISS, butRejects the subordination of the Union's border policy to an internal security strategy and is deeply concerned about the underlying perception of people on the move as a potential security threat; believes that border management and human mobility are not merelyjust security issues, but key features of a wider political strategy involving not onlyjust the security dimension, but also – more importantly –and mainly immigration, asylum, development and employment policies at EU level;
Amendment 3 #
2010/2269(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes that forced migration is among others a result of failing economies, impoverishment of the population, human rights violations, environment degradation, the widening gap between rich and poor countries, civil war, wars for control of natural resources and political persecutions;
Amendment 5 #
2010/2269(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes note that remittances represent the second-largest source of external finance for developing countries, and that they help to boost the financial sector, attract investment and create jobs; takes the view, therefore, that efforts to reduce transaction costs, create favourable economic and financial conditions and increase transparency should be continued; stresses that remittances must not be counted as ODA figures in any case
Amendment 16 #
2010/2269(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the WHO Code of Conduct on the International recruitment of qualified health personnel and calls upon the EU Member States to respect it and avoid aggressively recruiting health personnel from developing countries, that faces shortage in this sector; is of the opinion that EU member states should invest training in their own country for health personnel rather than recruiting trained health workers from developing countries,
Amendment 18 #
2010/2269(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Demands that Member States’ and the European Commission’s commitment to address the structural causes of migration by a holistic approach, based on Policy Coherence for Development, which gives policy space for developing countries to support their sustainable development needs guaranteeing decent income, peace and democracy for the population, which is an alternative to reduce clandestine immigration
Amendment 21 #
2010/2269(INI)
Draft opinion
Recital E a (new)
Recital E a (new)
Ea. whereas migration will have to be used by more and more people as a way of adapting to climate change,
Amendment 27 #
2010/2269(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges to dissociate development flow management and do not make development aid conditional on return migration; stresses that the EU development aid should aim at eliminating the reasons for migration like poverty, climate change and hunger
Amendment 32 #
2010/2269(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that there is a need for further research on climate-induced migration, especially on intra-country and regional migration in or towards developing countries as well as protection mechanisms for the people affected, and asks the Commission to address the problem of environmental and climate change forced migration and to consider the possibility of allowing the migrants concerned to qualify for subsidiary protection on a temporary basis until longer-term solutions are found;
Amendment 33 #
2010/2269(INI)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses that the Commission should do more research about climate induced south south migration including the number of people affected, vulnerable regions, migration movements, hosting countries capacity ; calls also to foster research capacity of developing countries;
Amendment 51 #
2010/2269(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is of the opinion that agreements with third countries that concern several EU Member States should be negotiated on a European level with full respect to Article 218 of the Treaty on the Functioning of the European Union.
Amendment 52 #
2010/2269(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Asks the Commission to publish the external evaluation of the Regional Protection Programmes and to initiate a debate on whether the RPP should be continued.
Amendment 53 #
2010/2269(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Emphasises the need for informing potential migrants about legal possibilities to enter the EU as well as about job opportunities and living conditions in their country of destination.
Amendment 1 #
2010/2211(INI)
Draft opinion
Recital A (new)
Recital A (new)
A. whereas in many areas in the world, ecological degradation is the root cause of human deprivation; and whereas a lack of consideration for the environmental foundation of development can considerably reduce or even jeopardize the effectiveness of aid, while addressing environmental issues can enhance its values,
Amendment 2 #
2010/2211(INI)
Draft opinion
Recital B (new)
Recital B (new)
B. whereas the Leading Group on innovative finance estimates the funding gap to meet the MDGs by 2015, the Official Development Assistance (ODA) target of 0.7% of GNI, and Environmental crisis targets, to $324-336 bn per year between 2012 and 2017,
Amendment 3 #
2010/2211(INI)
Draft opinion
Recital C (new)
Recital C (new)
C. whereas the growth of the global economy has not been matched with effective means to levy global economic activity to pay for global public goods,
Amendment 4 #
2010/2211(INI)
Draft opinion
Recital D (new)
Recital D (new)
D. whereas innovative financing are needed to meet MDGs and our commitment towards mitigation and adaptation to climate change,
Amendment 5 #
2010/2211(INI)
Draft opinion
Recital E (new)
Recital E (new)
E. whereas EU's funding for international cooperation with Africa comes from three geographic instruments: the EDF for African-ACP countries, the TDCA for South Africa and the ENPI for five North African states; whereas fragmentation of instruments is detrimental to consistency and policy coherence, as enshrined in Article 208 of the Lisbon Treaty,
Amendment 6 #
2010/2211(INI)
Draft opinion
Recital F (new)
Recital F (new)
F. whereas the Declaration on the European Development Fund, part of the Treaty of the EU, under the Final Act since the Maastricht Treaty, stipulating that the EDF should be outside the budget, has been removed in the Lisbon Treaty, thereby enabling the budgetisation of the FED,
Amendment 7 #
2010/2211(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the 2015 deadline for meeting the Millennium Development Goals (MDGs) falls within the next multiannual financial framework period and that there is a real risk that the EU will not meet its international commitment on development; recalls also that the MDGs are minimum aspirations and that, even if all targets are met, significant additional funding will still be required to fight poverty and improve health and education standards for the world's poor; therefore insists that a benchmark of 20% of the Commission’s allocated assistance under country programmes covered by the DCI will be dedicated to basic and secondary education and basic health;
Amendment 10 #
2010/2211(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls upon the need to develop global solidarity mechanism as a way to achieve the MDGs; but recalls also that the tax havens, trade mispricing and illicit capital flights represent a huge hindrance to development in poor countries; therefore, urges once more the EU to take initiatives with the ambit of the G20, the OECD and inside the EU to clamp down tax havens and harmful tax structure;
Amendment 11 #
2010/2211(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Highlights that new financing instruments are needed to fund the provision of global public goods; welcomes in this respect the report of the Taskforce on Financial Transactions for Development commissioned by the Leading Group on Innovative Financing for development according to which the financial sector is best suited to levy such innovative financing mechanism, considering that it is the primary beneficiary of the growth of the global economy; stresses also that the report concludes upon the technical, economical and legal feasibility of an international levy on currency transactions and on a tax on all financial transactions;
Amendment 12 #
2010/2211(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Calls on the Commission to propose the introduction of a Financial Transaction Tax at the European level, in view of its numerous advantages: it can help to stabilise the markets, to raise funds for domestic fiscal consolidation as well as to face poverty eradication and climate change;
Amendment 13 #
2010/2211(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Recalls that innovative financing for development is not designed to be a substitute for ODA, but is complementary; takes the view that the introduction of a FTT should therefore be linked with a more binding commitment of all member countries to achieve the 0.7% objective of ODA spending and to provide additional climate adaptation funding;
Amendment 14 #
2010/2211(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Points out that one of the reasons why the MDGs are not fulfilled is the failure to recognise the contributions of the environment, natural resources and ecosystems to human development and poverty elimination; deplores in this context that current European Official Development Assistance (ODA) allocates only 3% of the total spending to environmental issues; urges the Commission to ensure that environmental issues are mainstreamed throughout all external policies and financial instruments, especially in the face of the current challenge of climate change and biodiversity loss;
Amendment 15 #
2010/2211(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1 f. Emphasises that the Multiannual Financial Framework should address: fulfilment of the MDGs, climate change, halting the decline of biodiversity and resource overconsumption; in particular, stresses that the next Multi-annual Financial Framework should support policy coherence, meaning for instance to ensure that some EU expenditures relating to agriculture, fisheries, trade and energy will not directly contradict development policy objectives;
Amendment 17 #
2010/2211(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Demands a sizeable increase in the Heading 4 ceiling, in particular for the Development Cooperation Instrument (DCI), given that over the last seven years little genuine progress has been achieved in cutting poverty, especially in sub-Saharan Africa and South-East Asia, and that DCI resources have been redeployed for new non-ODA activities; considers a separation between ODA and non-ODA instruments ;
Amendment 20 #
2010/2211(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Insists that existing and future spending pledges aimed at combating climate change must be additional to current development budgets; demands a separate heading for financing climate change issues;
Amendment 23 #
2010/2211(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines that the ratification of the Lisbon Treaty offers the opportunity to put in place a more coherent institutional framework within the EU to relate to the Joint Africa-UE Strategy and to ensure the strategic funding it needs to prosper;
Amendment 24 #
2010/2211(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that channelling funds to Africa through three different instruments is inefficient and does not respond to Africa's wish to develop as a unified continent; recommends, therefore, to developing a single financing instrument for Africa, taking into account the Africa-EU joint strategic partnership so as to reflect the "treating-Africa-as-one" principle enshrined in the Joint Africa-EU Strategy (JAES) and supporting the continental integration agenda; calls, in addition, for greater capacity-building assistance for the African Union institutions;
Amendment 30 #
2010/2211(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes with concern that EU Aid benefits proportionally more Middle Income Countries than low income countries; in particular, points out that EU aid programming that aims to enable developing countries to adapt to the requirement of international competition benefits especially Middle Income Countries, rather than Low Income Countries, which are less attractive to foreign investment;
Amendment 36 #
2010/2211(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. CRecalls that the Lisbon Treaty removed the formal obstacle to the integration of the EDF into the regular EU budget; therefore, calls once again for the budgetisation of the European Development Fund (EDF), so as to increase parliamentary scrutiny of development spending in ACP countries and make EU development policy more consistent and effective; insists, however, that incorporating the EDF into the EU budget must not lead to an overall reduction in development spending with respect to the two separate existing instruments and must guarantee predictability; stresses also on the need to secure the interests of ACP countries, i.e. through ring-fencing development funds for the ACP within the EU budget;
Amendment 39 #
2010/2211(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Notes with concern that EU Aid does not clearly focus on poverty eradication; recalls that the concept of "development", which refers to qualitative criteria that encompasses quality of life and the improvement of living conditions, should not be confused with the concept of economic growth, as measured by the rise of GDP; accordingly, urges the Commission to refrain from a simple "export-led" or "growth-oriented" development policy but to target its assistance on the most vulnerable, which entails the development of a pro-poor strategy, through the financing of long- term objectives, such as health, education, access to energy in rural areas, small farmers, etc.;
Amendment 40 #
2010/2211(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Calls for procurement procedures and disbursement mechanisms to be simplified and accelerated. and made more transparent;
Amendment 41 #
2010/2211(INI)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls for an independent and transparent debt arbitration panel to address debt disputes in case of repayment difficulties or over the legitimacy of debt claims;
Amendment 42 #
2010/2211(INI)
Draft opinion
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Demands aid targets commitments to be met by establishing binding national and EU legislation;
Amendment 43 #
2010/2211(INI)
Draft opinion
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Asks for a greater share of the aid money go to small scale agriculture, rural development, health and education;
Amendment 1 #
2010/2182(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the high amount of carry forwards and cancellations in 2009 and considers that there have been improvements due to intensive and continued monitoring of the budget combined with closer cooperation with Frontex' implementing partnershopes that an intensive and continued monitoring of the budget will bring about improvements, but urges Frontex to further improve planning, in order to avoid carry-forwards and cancellations;
Amendment 2 #
2010/2182(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the current review of Frontex and its eventual implications for its budget and therefore calls on Frontex to continue improvinge its budgetary planning;
Amendment 3 #
2010/2181(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. NotDeplores that in certain instances no investigations were ever carried out, such as in those cases where the procurement procedures were not properly followed and where the engagement contracts signed were illegal;
Amendment 5 #
2010/2181(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that the backlog of unprocessed invoiUrges the College, onces at the end of 2009 has now been fully analysed and resolved and that there is no longer any backlog and that no financial damage was sustainednd for all, to resolve the backlog, existing at the end of 2009, of unprocessed invoices;
Amendment 6 #
2010/2181(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. DStrongly deplores the cases where appropriations were used to finance private expenditure; notes that an external audit has been completed and calls for the completion of the process of recovery of this expenditure as soon as possible;
Amendment 9 #
2010/2181(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that even though there is a new management of the College, mistakes were made in the past which are still unaccounted for; notes the improvements that the new management of the College ishas committed itself to carrying out and the Commission's comments that in 2010 the College has considerably improved its performance in the implementation of its budget;
Amendment 2 #
2010/2152(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the New Trade Strategy aims to reinforce an economic model based on export, hence, on increased transportation; recalls that the ongoing rise of CO2 emissions related to transport and international trade undermines the effectiveness of the EU climate change strategy; takes the view that, in line with the principle of policy coherence for development, a trade strategy should be designed to enable endogenous development consumption and production patterns;
Amendment 7 #
2010/2152(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that, in order to foster inclusive and pro-poor economic growth, the EU, in its trade policy, must strive for the conclusion within two years of a development-friendly Doha Round and give additional support for South-South trade and regional integration; Notes that the New Trade Strategy marks a clear shift away from multilateral trade talks towards new bilateral free trade agreements; reiterates its commitment to the multilateral approach to trade policy; stresses that an equitable outcome of the DDA implies taking into account the concerns of poorer WTO members to reach the Millennium Development Goals;
Amendment 10 #
2010/2152(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the EU to reduce certain non- tariff barriers, particularly Stresses that increasing technology transfer to developing countries will be a critical compon environmentt of a post-2012 climate regime; callys friendly products from developing countries which contribute both to economic and environmental sustainabilityor the removal of the salient barriers to the dissemination of technologies in developing countries to address climate change; considers that changes in WTO rules are needed to ensure coherence and consistency with the commitments under the Kyoto Protocol and multilateral environment agreements (MEAs);
Amendment 14 #
2010/2152(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that trade-related assistance can support developing countries in areas such as trade facilitation, the implementation of the Agreements on Sanitary and Phytosanitary Measures and on Technical Barriers to Trade, and increase competitivenNotes with concern that the EU is seeking liberalisation commitments from developing countries on services, intellectual property and the so-called Singapore issues (investment, public procurement, competition policy and trade facilitation) that go well beyond what they could agree to in multilateral fora such as the WTO; urges the EU to refrain from imposing its agenda on TRIPS plus and the ‘Singapore issues’, considering that many developing countries have long made clear that they are opposed to negotiating enhanced patent protection and investment agreements both in the WTO and in other Free Trade Agreements with the EU; recalls that trade-related assistance should support developing countries to diversify their economiess and decreaseto reduce export dependencey on preferenceraw materials;
Amendment 18 #
2010/2152(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that the introduction of the reciprocity principle regarding public procurement can be extremely harmful for developing countries, as it will among others hamper the development of infant industries and processing; urges therefore the EU to define its new trade strategy in full respect of the ‘special and differential treatment’ granted to developing countries;
Amendment 19 #
2010/2152(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Notes that the Commission is pushing for a comprehensive investment liberalisation framework with the aim of achieving maximum protection for EU investors; recalls that most successful developed and developing countries have restricted foreign investment to promote industrialisation; accordingly, urges the EU to refrain from exerting undue pressure on developing countries to conclude investment agreements that limit their ability to regulate in favour of social development objectives;
Amendment 20 #
2010/2152(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Reasserts that governments and parliaments must retain the right to regulate investment, both to discriminate in favour of investors that support the country’s development and to ensure that there are obligations and duties on all investors, including foreign, so that labour, environmental, human rights and other standards are respected;
Amendment 21 #
2010/2152(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to foster sustainable development by negotiating trade agreements and investment treaties that take into account the economic, environmental and social factors conducive to effective development and that allow policy space for partner countries to ensure food security, to build local and regional markets and; deems in this context that the implementation of the national treatment in investment treaties, whereby foreign investors will be accorded the same rights as domestic investors, will curb developing countries’ ability to give preferential treatment to domestic investors, such as small or infant enterprises; calls on the Commission to formulate a coherent strategy on the extraction of raw materials; considers that such a strategy can rendershould ensure that the extractive process is environmentally and socially sustainable by means of adherence to international standards and render itis economically sustainable by securing for those countries a fair amount of revenue and, if convenient, could also allow the preservation of commodities for later use;
Amendment 28 #
2010/2152(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Expresses its deep concern about the Commission’s objective to secure unrestricted supply of raw materials for EU companies; points out that such a strategy on raw materials is not consistent with the overarching goal of eradication of poverty and policy coherence as enshrined in Article 208 of the Lisbon Treaty, as it is likely to prevent countries from diversifying production, while reinforcing their dependence on unprocessed raw material exports; reasserts that the main priority of the EU should be to reduce its own consumption of raw materials;
Amendment 29 #
2010/2152(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Points out that the EU’s attempts to ban or curb the use of export taxes on raw materials goes against the objective of enabling countries to generate sufficient public revenue to meet MDGs and more broadly, to secure endogenous development; hence, urges the EU to acknowledge that export restrictions can be part of some countries’ development strategies or justified for environmental protection;
Amendment 2 #
2010/2110(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the reduction of export subsidies and callsPoints out that export subsidies are harmful to developing countries' small farmers' livelihood and calls therefore for further reforms of the Common Agriculture Policy (CAP) including the complete elimination of these subsidies, which were reintroduced in 2009 for dairy products. Points out that export subsidies have, in the past, allowed the dumping of cheap EU products in developing countries, distorting competition with local producers and undermined their productive capacity;
Amendment 7 #
2010/2110(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates concerns over the EU's trade strategy (‘Global Europe: competing in the World’) which focuses on competition and market access for EU products and which fails to provide a pro-t the expense of developing countries' own development approach;
Amendment 10 #
2010/2110(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages a radical reduction of tariffs on agricultural imports from all developing countries and the limitation of non-tariff barriers in order to provide real market-access opportunities forReaffirms that developing countries should legitimately be allowed to enact policies which create domestic added value, and considers that the current EU trade regime, which taxes raw materials less than processed goods, is counter to the industrialisation of developing countries;
Amendment 14 #
2010/2110(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges that a more global perspective, to prevent structural surplus production, be adopted in the discussions on the CAP post-2013, expanding market-access opportunities for developing countries and allowing them to perform competitively in their own national and regional marketswhich recognises developing countries’ rights to develop their agriculture and industry without being exposed to unfair competition;
Amendment 15 #
2010/2110(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that the EU imports 78% of its feed for meat production, which could be also grown in the EU; underlines that only 2.4% (in 2007) of the total imports of agricultural products comes from LDCs;
Amendment 5 #
2010/2105(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the urgent need to improve EU coordination on wealth-creation measures in local markets and that the principal method of promoting innovative financing is not to be found in increasing taxation, but in augmenting domestic capital formation, best achieved through the implementation and protection of property rights and land mapping;
Amendment 8 #
2010/2105(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that major pandemic diseases – AIDS, tuberculosis and malaria – which strike developing countries, sub-Saharan Africa in particular, constitute a major challenge for the Millennium Development Goals; recalls in this context that a solidarity contribution levied on air tickets is an important financial tool to address health problems that needs to be further developed; in particular, calls on the Commission to examine further financing mechanisms to address global health issue, and to facilitate access to medicine in poor countries;
Amendment 25 #
2010/2105(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that ODA will fail to eradicate poverty if G20, the EU and financial institutions do not take a determined stance in opposing corrupt administrations in recipient countries; stresses therefore upon the need to upgrade EU's assistance regarding the strengthening of tax authorities, judiciary and anticorruption agencies in developing countries; urges the EU Member States to combat bribery committed by companies domiciled in their jurisdictions but which have operations in developing countries;
Amendment 28 #
2010/2105(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. ConsiderStresses that the introduction of innovative financing mechanisms are essential for developing countries to meet Millennium Development Goals; but recalls that an estimated EUR 800 billion is lost annually from developing countries through illicit means, prevention of which could prove decisive in achieving MDGs; therefore, reiterates equally its call for making corruption, the fight against tax havens and harmful tax structures an overriding priority of the EU's agenda in international finance and development institutions so as to enable developing countries to raise domestic revenues;
Amendment 30 #
2010/2105(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls the collective responsibility of the G20 to mitigate the impact of the crisis on developing countries, which have been hard hit by indirect effects of the crisis; recalls also that although the financial crisis of 2008 was triggered off by a lack of regulation and excesses in the financial sector, financial services are exempted from VAT; welcomes accordingly the proposal of the Commission to consider in its work programme 2011 a Financial Activities Tax (FAT) to respond to global and European challenges; however, takes the view that any initiative in favour of bank levies should be complementary, and not exclusive, to the setting-up of a Financial Transaction Tax, whose advantages are i.e.: to ensure that the financial sector will pay its part for the economic recovery; to roughly compensate for the distorting exemption of financial services from VAT; to stabilise financial markets by skewing incentives towards long term investments and away from short term speculation and to raise revenue for funding development and address climate change;
Amendment 31 #
2010/2105(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Emphasises that a Financial Transaction Tax has the potential to generate a lot of revenues at even low level of tax rate (0.05% or 0.01%), given the enormous volume of the tax base provided by all kind of financial assets; but insists upon the need to introduce a Financial Transaction Tax that will cover all transactions of financial assets, as a means not to discriminate against specific types of markets and to address tax avoidance through financial innovation;
Amendment 32 #
2010/2105(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Regrets that the Commission supports the idea of a Financial Transaction Tax provided that it is implemented at the global level; takes the view that a financial transaction tax, whose revenues should be allocated to meet development goals and climate change, should be introduced at the EU level as a first step; emphasises in this context that an EU financial transaction tax would solve the problems that individual EU Member States have with their national financial transaction taxes, considering that it is becoming increasingly difficult to tax financial transaction tax in an effective way nationally in the context of the single financial market;
Amendment 1 #
2010/2088(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Underlines that the concept of "growth", that refers to quantitative economic measures, is not to be confused with "development", that refers to qualitative criteria, that encompasses quality of life and the improvement of living conditions (quality of the environment, health, education, fair redistribution of incomes, social connections, etc.); urges accordingly the EU to refrain from a simple "growth- oriented" development policy;
Amendment 2 #
2010/2088(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Stresses that the correlation between welfare and GDP is not automatic but conditional, as GDP excludes a range of non-market activities (such as childcare, care for the elderly and the ill, etc.) that influence well-being; points out equally that if wellbeing and GDP can go hand- in-hand in developing countries, there are also cases where policies can contribute to well-being while slowing down growth, as in the case of the preservation of the forestry ecosystem; believes therefore that, in line with the objective of development policy coherence, alternative indicators to the GDP are needed to provide a representative picture of economic conditions, social aspects and environmental conditions;
Amendment 3 #
2010/2088(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. ERecalls that GDP is not a good measure of welfare; expects that shifting attention towards broader and more sustainable indicators will lead also to more systematic focus on social and environmental factors in developing countries, including climate change, health, education and governance, and thereby enable development policies to target the most needy and disadvantaged populations; emphasises the need to extend National Accounts to environmental and social issues to enable this set of indicators to perform adequately;
Amendment 34 #
2010/2037(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that achieving the Millennium Development Goal requires above all a radical change of policy in industrialised and developing countries in order to address the structural causes of poverty such as unfair world trade rules, unbearable debt payment and unfair distribution of wealth including in developing countries;
Amendment 35 #
2010/2037(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Believes that the fight against poverty requires policy reform in view of establishing global fair and equitable trade rules, measures to foster access to land, water and the resources of biodiversity as well as measures to foster a policy of local support for sustainable smallholding agriculture;
Amendment 44 #
2010/2037(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on all Member States actively to crack down on tax havens and tax evasion, illicit financial flow within the G20 and UN framework, and to promote greater transparency andautomatic disclosure of profits made and taxes paid by multinationals in a country- by - country reporting by multinationals; system to enable developing countries to keep their own resources for the development of their countries';
Amendment 46 #
2010/2037(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the EIB to review its policy on offshore financial centres on the basis of more stringent criteria than the Organisation for Economic Cooperation and Development (OECD) listing for the definition of prohibited and monitored jurisdictions, and to ensure its implementation and provide annual reports on progress;
Amendment 51 #
2010/2037(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on all Member States to apply an interest-free debt moratorium on debt repayments until 2015 for developing countries and to make renewed efforts to write off debts of LDCsfor debt cancellation at least for LDC countries, as they are odious debts contracted by the dictators against the interest of their population and insist that any debt write off should not be counted as ODA;
Amendment 54 #
2010/2037(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 55 #
2010/2037(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses that there is a need to an effective global response to the problem of climate change where industrialised countries should take their responsibility and take the lead in combating greenhouse gases effects, which threatens MDG goals if not addressed;
Amendment 61 #
2010/2037(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the EU to transform its fisheries partnership agreements so that they are fully coherent with EU development policy and take full account of social and economic development requirements in local communities; considers that the best way to do this is to create a distinction between the costs of access for the EU fleet (which should be covered by ship-owners and represent a fair part of the value of the catches) and the sectoral support provided by the EU to the third country through partnership agreements (for research, control, etc); such support must be long- term in nature and coherent with EU development policy objectives, in particular poverty alleviation;
Amendment 66 #
2010/2037(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a.Calls on the EU to take concrete action against poverty by adopting a coherent policy between Trade, Development Cooperation and its Common Agricultural and fisheries policies to avoid direct or indirect negative impacts on developing countries economy;
Amendment 79 #
2010/2037(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EU and developing countries to promoteut in place the right policy for free access to health and education;
Amendment 84 #
2010/2037(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the EU to improve poor people's access to affordable medicines by showing flexibility in applying theproactively implementing the August 2003 flexibility agreement on TRIPS (trade- related aspects of intellectual property rights) in its trading relationships with developing countries;
Amendment 93 #
2010/2037(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Expresses its deep concern about the current farmland acquisition (particularly in Africa) by government-backed foreign investors, which, if not handled properly, threatens to undermine local food security and lead to serious and far-reaching consequences in developing countries;
Amendment 94 #
2010/2037(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Urges the UN and the EU to seriously address the adverse impacts of farm land acquisition, of (such as expropriation of small farmers and unsustainable use of land and water), at the occasion the UN high level meeting on MDGs in September, by recognising the right of the population to control farmland and other vital natural resources and by adopting guiding principles in this line;
Amendment 95 #
2010/2037(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the World Bank and IMF to allocate a fairer share of voting rights to underrepresented nations ensuring that borrowers and lenders have equal voting shares in the short term, and that lending shall not undermine principles of ownership as committed to in Paris and Accra;
Amendment 96 #
2010/2037(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Deplores that for the past 3 decades many public intervention instruments in the agricultural commodities sector, such as state marketing boards, have been dismantled as a result of IMF led structural adjustment programmes and that this policy has reduced the capacity of states to regulate the market; calls for regulatory measures, including price control to prevent that speculation undermines food availability and leads to insecurities for farmers;
Amendment 97 #
2010/2037(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the IMF to direct a higonsiders that the reform of Bretton Wood institutions are necessary aiming at reviewing IMF and world Bank conditionalities and calls therefore for a new financial architecture, which includes developing countries' representation through their proportion of its loans to LDCrespective regional organisations in order to address their legitimate sustainable development concerns;
Amendment 8 #
2010/2001(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Insists that the agencies of the Area of Freedom, Security and Justice, in dealing with issues concerning fundamental rights and civil liberties, must have appropriate funding enabling them to carry out their activities, especially those having new tasks;
Amendment 11 #
2010/2001(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that the increase in the appropriations concerning the agencies in the Area of Freedom, Security and Justice is primarily intended for the education and development of skills of their staff, as regards their knowledge of, and monitoring of compliance with, Union law and international law;
Amendment 22 #
2010/0147(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Compliance with Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment, adopted on 8 December 2008, should be guaranteed, especially with regard to its eight criteria.
Amendment 31 #
2010/0147(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) antique firearms and their replicas as defined in accordance with national legislation, provided that antique firearms do not include firearms manufactured after 1899 and that they are deactivated;
Amendment 32 #
2010/0147(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 33 #
2010/0147(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) collectors and bodies concerned withfirearms which are designed or fit for collection purposes and cultural and historical aspects of firearms, their parts and essential components and ammunition and recognised as such by the Member State in whose territory they are established, provided that tracing measures are ensured;
Amendment 34 #
2010/0147(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) deactivated firearms according to the national legislation of the relevant Member State;
Amendment 37 #
2010/0147(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The simplified procedures set out in paragraphs 2, 3 and 4 shall apply for the temporary export of firearms for verifiable lawful purposes, which include hunting, sport shooting, evaluation, exhibitions and repair.
Amendment 43 #
2010/0147(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 44 #
2010/0147(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States mayshall request the importing third country to confirm receipt of the dispatched shipment of firearms, their parts and essential components or ammunition.
Amendment 74 #
2010/0147(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 9 #
2010/0067(CNS)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should create a clear, comprehensive legal framework in the area of the law applicable to divorce and legal separation in the participating Member States, provide citizens with appropriate outcomes in terms of legal certainty, predictability and flexibility, and prevent a situation from arising where one of the spouses or registered partners applies for divorce before the other one does in order to ensure that the proceeding is governed by a given law which he or she considers more favourable to his or her own interests.
Amendment 10 #
2010/0067(CNS)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to allow the spouses or registered partners to choose an applicable law with which they have a close connection or, in the absence of such choice, in order that that law might apply to their divorce or legal separation or dissolution of their registered partnership, the law in question should apply even if it is not that of a participating Member State. Where the law of another Member State is designated, the network created by Council Decision 2001/470/EC of 28 May 2001 establishing a European Judicial Network in civil and commercial matters can play a part in assisting the courts with regard to the content of foreign law.
Amendment 11 #
2010/0067(CNS)
Proposal for a regulation
Recital 13
Recital 13
(13) Increasing the mobility of citizens calls for more flexibility and greater legal certainty. In order to achieve that objective, this Regulation should enhance the parties' autonomy in the areas of divorce and legal separation by giving them a limited possibility to choose the law applicable to their divorce or legal separation. Such possibility should notalso extend to marriage annulment, which is closely linked to the conditions for the validity of marriage, and for which autonomy on the part of the parties is inappropriate and registered/civil partnerships, so as to avoid discriminating against the various forms in which the right to respect for private and family life is exercised.
Amendment 14 #
2010/0067(CNS)
Proposal for a regulation
Recital 14
Recital 14
(14) Spouses or registered partners should be able to choose the law of a country with which they have a special connection or the lex fori as the law applicable to divorce and legal separation or to the dissolution of a registered partnership. The law chosen by the spouses or registered partners must be consonant with the fundamental rights enshrined in the Treaties and the Charter of Fundamental Rights of the European Union. The possibility of choosing the law applicable to divorce and legal separation or to the dissolution of a registered partnership should not harm the superior interests of the child.
Amendment 18 #
2010/0067(CNS)
Proposal for a regulation
Recital 15
Recital 15
(15) Before designating the applicable law, it is important for spouses or registered partners to have access to up-to-date information concerning the essential aspects of national and Union law and of the procedures governing divorce and, legal separation and the dissolution of registered partnerships. To guarantee such access to appropriate, good-quality information, the Commission regularly updates it in the Internet-based public information system set up by Council Decision 2001/470/EC.
Amendment 19 #
2010/0067(CNS)
Proposal for a regulation
Recital 16
Recital 16
(16) The informed choice of the two spouses or registered partners is a basic principle of this Regulation. Each spouse/registered partner should know exactly what are the legal and social implications of the choice of applicable law. The possibility of choosing the applicable law by common agreement should be without prejudice to the rights of, and equal opportunities for, the two spouses or registered partners. Hence judges in the Member States should be aware of the importance of an informed choice on the part of the two spouses/registered partners concerning the legal implications of the choice-of-law agreement concluded.
Amendment 20 #
2010/0067(CNS)
Proposal for a regulation
Recital 17
Recital 17
(17) Certain safeguards should be introduced to ensure that spouses or registered partners are aware of the implications of their choice. The agreement on the choice of applicable law should at least be expressed in writing, dated and signed by both parties. However, if the law of the participating Member State in which the two spouses/registered partners have their habitual residence lays down additional formal rules, those rules must be complied with. For example, such additional formal rules may exist in a participating Member State where the agreement is inserted in a marriage contract.
Amendment 22 #
2010/0067(CNS)
Proposal for a regulation
Recital 19
Recital 19
(19) Where no applicable law is chosen, and with a view to guaranteeing legal certainty and predictability and preventing a situation from arising in which one of the spouses applies for divorceor registered partners applies for divorce or legal separation or dissolution of their partnership before the other one does in order to ensure that the proceeding is governed by a given law which he or she considers more favourable to his or her own interests, this Regulation should introduce harmonised conflict-of- laws rules on the basis of a scale of successive connecting factors based on the existence of a close connection between the spouses/registered partners and the law concerned. These connecting factors have been chosen so 1 that the divorce or legal separation proceedingproceeding for divorce, legal separation or dissolution of the registered partnership, is governed by a law with which the spouses/registered partners have a close connection, and they are based first and foremost on the law of the spouses'/registered partners' habitual residence.
Amendment 23 #
2010/0067(CNS)
Proposal for a regulation
Recital 20
Recital 20
(20) In certain situations, such as where the applicable law makes no provision for divorce or legal separation or dissolution of registered partnerships, or where it does not grant one of the spouses equal access to divorce or legal separation on grounds of their sexprohibited by Article 21 of the Charter of Fundamental Rights of the European Union, the law of the court seised should nevertheless apply.
Amendment 24 #
2010/0067(CNS)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation shall apply, in situations involving a conflict of laws, to divorce and, legal separation, annulment of marriage and dissolution of civil/registered partnerships.
Amendment 27 #
2010/0067(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – introductory wording
Article 3 – paragraph 1 – introductory wording
1. The spouses or registered partners may choose by mutual agreement the law applicable to divorce and legal separation or to dissolution of registered partnerships, provided that such law is in conformity with the fundamental rights defined in the Treaties and in the Charter of Fundamental Rights of the European Union and with the principle of public policy, from among the following laws:
Amendment 30 #
2010/0067(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) the law of the State where the marriage or civil partnership took place.
Amendment 32 #
2010/0067(CNS)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
However, if the law of the participating Member State in which the two spouses/registered partners have their habitual residence at the time of conclusion of the agreement lays down additional formal requirements for this type of agreement, those requirements shall apply. If the spouses/registered partners are habitually resident in different participating Member States and the laws of those Member States provide for different formal requirements, the agreement shall be formally valid if it satisfies the requirements of either of those laws.
Amendment 34 #
2010/0067(CNS)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. If the lex fori so provides, the spouses/registered partners may also designate the law applicable before the court during the course of the proceeding. In that event, such designation shall be recorded in court in accordance with the lex fori.
Amendment 35 #
2010/0067(CNS)
Proposal for a regulation
Article 4 – introductory wording
Article 4 – introductory wording
In the absence of a choice pursuant to Article 3, divorce and, legal separation, annulment of marriage and dissolution of a registered partnership shall be subject to the law of the State:
Amendment 36 #
2010/0067(CNS)
Proposal for a regulation
Article 4 – point a
Article 4 – point a
(a) where the spouses/registered partners are habitually resident at the time the court is seised; or, failing that,
Amendment 37 #
2010/0067(CNS)
Proposal for a regulation
Article 4 – point b
Article 4 – point b
(b) where the spouses/registered partners were last habitually resident, provided that the period of residence did not end more than one year before the court was seised, in so far as one of the spouses or partners still resides in that State at the time the court is seised; or, failing that,
Amendment 39 #
2010/0067(CNS)
Proposal for a regulation
Article 4 – point c
Article 4 – point c
(c) of which both spouses/registered partners are nationals at the time the court is seised; or, failing that,
Amendment 40 #
2010/0067(CNS)
Proposal for a regulation
Article 4 – point d a (new)
Article 4 – point d a (new)
(da) where the marriage or civil partnership took place.
Amendment 41 #
2010/0067(CNS)
Proposal for a regulation
Article 5
Article 5
Where the law applicable pursuant to Article 3 or Article 4 makes no provision for divorce or legal separation or dissolution of registered partnerships, or does not grant one of the spouses equal access to divorce or legal separation on grounds of their sexprohibited by Article 21 of the Charter of Fundamental Rights of the European Union, the lex fori shall apply.
Amendment 314 #
2010/0064(COD)
Proposal for a directive
Article 21 – title
Article 21 – title
Amendment 320 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary legal measures to obtain the blocking of access by Internet users in their territory to Iremoval at source of internet pages containing or disseminating child pornography. The blocking of access shall be subject to adequate safeguards, in particular to ensure that the blocking is limited to what is necessary, that users are informed of the reason for the blocking and that content providers, as far as possible, are informed of the possibility of challenging itabuse images.
Amendment 337 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Without prejudice to the above, Member States shall take the necessary measures to obtain the removal of iIn addition, when removal of content at source has proven impossible to achieve, Member States may, where prescribed by law and necessary, set up proportionate and transparent procedures to restrict access by Internet users in their territory to Internet pages containing or disseminating child pornography. abuse images.
Amendment 341 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Any measure under paragraphs 1 and 2 shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Union law. It shall provide for a prior ruling including the right to an effective and timely judicial review.
Amendment 73 #
2010/0039(COD)
Proposal for a regulation – amending act
Recital 1
Recital 1
(1) The development of a forward-looking and comprehensive European migration policy, based on human rights, solidarity and responsibility, remains a key policy objective for the European Union.
Amendment 77 #
2010/0039(COD)
Proposal for a regulation – amending act
Recital 5
Recital 5
(5) In 2004 the Council adopted Regulation (EC) No 2007/2004 establishing the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) hereinafter referred to as the "Agency" which became operational in May 2005. The tasks of the Agency are defined in Chapter II, Article 2, of Regulation (EC) No 2007/2004.
Amendment 80 #
2010/0039(COD)
Proposal for a regulation – amending act
Recital 7
Recital 7
(7) Efficient management of the external borders through checks and surveillance contributes to combat illegalrregular immigration and trafficking in human beings and to reduce the threatchallenges to the internal security, public policy, public health and international relations of the Member States.
Amendment 87 #
2010/0039(COD)
Proposal for a regulation – amending act
Recital 17
Recital 17
(17) The incident reporting scheme shall be used by the Agency to transmit, to the relevant national and EU public authorities and the Management Board, any information concerning credible allegations of breaches of, in particular, Regulation (EC) No 2007/2004 or the Schengen Borders Code, including fundamental rights, during joint operations and pilot projects.
Amendment 91 #
2010/0039(COD)
Proposal for a regulation – amending act
Recital 19
Recital 19
(19) The Agency should provide training, including on fundamental rights, at European level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders and removal of third-country nationals illegalrregularly present in the Member States for officers of the competent national services. The Agency may organise training activities in cooperation with Member States on their territory. Member States should integrate the results of the Agency's work in this perspective in the national training programs of their border guards.
Amendment 92 #
2010/0039(COD)
Proposal for a regulation – amending act
Recital 20
Recital 20
(20) The Agency should monitor and contribute tofollow the developments in scientific research relevant for its field and disseminate this information to the Commission and the Member States.
Amendment 93 #
2010/0039(COD)
Proposal for a regulation – amending act
Recital 21
Recital 21
Amendment 96 #
2010/0039(COD)
Proposal for a regulation – amending act
Recital 22
Recital 22
(22) For the purpose of fulfilling its mission and to the extent required for the accomplishment of its tasks, the Agency may cooperate with Europol, the European Asylum Support Office, the Fundamental Rights Agency and other European Union Agencies and bodies, the competent authorities of third countries and the international organisations competent in matters covered by Regulation (EC) No 2007/2004 in the framework of working arrangements concluded in accordance with the relevant provisions of the Treaty. The Agency should facilitate the operational cooperation between Member States and third countries in the framework of the external relations policy of the European Union. The Agency should not duplicate the work of Europol or other agencies nor should it take over tasks from Europol or other agencies.
Amendment 99 #
2010/0039(COD)
Proposal for a regulation – amending act
Recital 27
Recital 27
(27) When ensuring the operational management of IT systems, the Agency should follow European and international standards, including on data protection, taking into account the highest professional requirements.
Amendment 100 #
2010/0039(COD)
Proposal for a regulation – amending act
Recital 28 a (new)
Recital 28 a (new)
(28a) The European Data Protection Supervisor concluded in his opinion in case 2009-0281 that Article 9, concerning return policy, of Regulation (EC) No 2007/2004 was not clear enough to serve as a long-term legal basis and therefore a legal basis for data processing would need to be established, and that FRONTEX should implement necessary procedures to guarantee the rights of data subjects.
Amendment 103 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 - point 1
Article 1 - point 1
Regulation (EC) No 2007/2004
Article 1 – paragraph 2
Article 1 – paragraph 2
2. While considering that the responsibility for the control and surveillance of external borders lies with the Member States, jointly with the Agency, as a body of the Union as defined in Article 15 and in accordance with Article 19 of this Regulation, the Agency shall facilitate and render more effective the application of existing and future European Union measures relating to the management of external borders, in particular the Schengen Borders Code, and in accordance with relevant Union law, International law, obligations related to access to international protection, and fundamental rights. It shall do so by ensuring the coordination of Member States' actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control on persons and surveillance of the external borders of the Member States. The Agency shall fulfil its tasks in full respect for relevant Union law, including the Charter of Fundamental Rights of the European Union and Council Decision 2010/252/EU of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union1; international law, including the Geneva Convention Relating to the Status of Refugees of 28 July 1951, obligations related to access to international protection, in particular the principle of non-refoulement, and fundamental rights. __________ 1 OJ L 111, 4.5.2010, p. 20.
Amendment 111 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point i
Article 1 – point 3 – point a – point i
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) carry out risk analyses as defined in Article 4, including the evaluation of the capacity of Member States to face threats and pressurmanage control and surveillance at the external borders;
Amendment 113 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point i
Article 1 – point 3 – point a – point i
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) participate infollow the development of research relevant for the control and surveillance of external borders;
Amendment 115 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point ii
Article 1 – point 3 – point a – point ii
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
Amendment 118 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point iii
Article 1 – point 3 – point a – point iii
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) develop and operate information systems that enable swift and reliable exchanges of information regarding emerging riskchallenges at the external borders, including the Information and Coordination Network established by Council Decision 2005/267/EC, without prejudice to the fact that the Agency shall not process personal data;
Amendment 123 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 3 – point b
Article 1 – point 3 – point b
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
All border guards and other personnel of the Member States, as well as the staff of the Agency, including liaison officers deployed pursuant to Article 14(2) to third countries, shall, prior to their participation in operational activities organised by the Agency or their deployment to third countries, have received training in relevant EU and international law, including fundamental rights and access to international protection.
Amendment 130 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 1 – subparagraph 4
Article 3 – paragraph 1 – subparagraph 4
Joint operations and pilot projects should be preceded by a thorough risk analysis as defined in Article 4.
Amendment 132 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 1 – subparagraph 5
Article 3 – paragraph 1 – subparagraph 5
The Agency may also terminate joint operations and pilot projects if the conditions to conduct these initiatives are no longer fulfilled and/or if violations of fundamental rights and international protection obligations have occurred.
Amendment 137 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Agency shall constitute a pool of border guards called Frontex Joint Support Teams in accordance with the provisions of Article 3b, for possible deployment during joint operations and pilot projects referred to in paragraph 1. It shall decide on the deployment of human resources and technical equipment in accordance with Articles 3a and 7. A pool of independent experts specialised in the rights of aliens and international protection shall be created in order to reinforce the Agency's capacity to identify and refer persons in need of international protection to the competent national asylum authorities in the context of operations coordinated by the Agency. UNHCR, as well as non- governmental organisations with relevant expertise, shall be invited to join the operations both in advisory and in observer capacities. Such a permanent pool should work in close cooperation with relevant national asylum services and should participate on a systematic basis in joint operations and pilot projects.
Amendment 139 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The Agency shall develop a Code of Conduct to apply to all Agency's staff, pooled border guards and other personnel participating in Agency's activities with a special focus on interpreters, including joint operations, Rapid Border Intervention Team deployments and pilot projects, describing the conduct expected of them in the performance of their duties in full compliance with fundamental rights, including the right to asylum. In this respect, any operation may be subject to spot-checks by an effective monitoring system.
Amendment 142 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 2007/2004
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Agency shall evaluate the results of the joint operations, Rapid Border Intervention Team deployments and pilot projects and transmit the detailed evaluation reports within 60 days following the end of the activity to the Management Board. The Agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and efficiency of future operations and projects to be included in its general report provided for in Article 20(2)(b). The evaluation reports shall cover the compliance with fundamental rights of the joint operations and pilot projects, taking into consideration the results of the monitoring carried out by independent observers. Those reports shall be made available to the European Parliament on request.
Amendment 147 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3 a (new) – paragraph 1 – subparagraph 2 – point a
Article 3 a (new) – paragraph 1 – subparagraph 2 – point a
(a) a description of the situation, with modus operandi and objectives of the deployment, including the operational aim, as well as guidelines for the protection of fundamental rights;
Amendment 149 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3a (new) – paragraph 1 – subparagraph 2 – point h
Article 3a (new) – paragraph 1 – subparagraph 2 – point h
(h) an immediate incident reporting mechanism, including on violations of fundamental rights and international protection during joint operations, Rapid Border Intervention Team deployments and pilot projects, which shall be transmitted by the Agency to the relevant national and EU public authorities and to the Management Board, and a reporting and evaluation scheme containing detailed provisions on incident reporting, benchmarks for the evaluation report and final date of submission of the final evaluation report in accordance with Article 3(4).
Amendment 151 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3a (new) – paragraph 1 – subparagraph 2 – point i
Article 3a (new) – paragraph 1 – subparagraph 2 – point i
(i) regarding sea operations, specific requirements regarding the applicable jurisdiction and maritime law provisions concerning the geographical area where the joint operation takes place. In particular, those requirements shall, in accordance with Article 1, specify the place of disembarkation, as well as detailed measures regarding the provision of food, shelter, medical care and access to asylum and non-refoulement. They shall allow individuals to explain their circumstances during a personal interview and facilitate access to the asylum procedure through interpretation and legal advice if individuals wish to apply for asylum.
Amendment 157 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3a (new) – paragraph 1 – subparagraph 2 – point i a (new)
Article 3a (new) – paragraph 1 – subparagraph 2 – point i a (new)
(ia) specific measures as needed to ensure compliance with fundamental rights and international protection, based on a previous human rights impact assessment.
Amendment 160 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3b (new) – paragraph 4
Article 3b (new) – paragraph 4
4. Members of the Frontex Joint Support Teams shall, in thWhile performance ofing their tasks and in the exercise ofing their powers, fully respect fundamental rights and human dignity. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, members of the teamsmembers of the Frontex Joint Support Teams shall fully respect international human rights and humanitarian law, and shall not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Amendment 172 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 2007/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
It shall prepare both general and tailored risk analyses, including on the risks of human rights violations, to be submitted to the Council and, the Commission and on request, to the European Parliament. For these purposes Member States shall provide the Agency with all necessary information regarding the situation and possible threatchallenges at the external borders as well as the human rights situation in the border regions.
Amendment 176 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 2007/2004
Article 5 – paragraph 1
Article 5 – paragraph 1
The Agency shall establish and further develop common core curricula for border guards' training and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights and access to international protection. The European Parliament shall have full access to the contents of the common core curricula. Member States shall integrate the common core curricula in the training of their national border guards. In developing, implementing and evaluating the common core curricula, the Agency shall work closely with the Fundamental Rights Agency, as well as with UNHCR and non-governmental organisations with relevant expertise.
Amendment 189 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 2007/2004
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Agency shall report on the composition and the deployment of equipment, which is part of the technical equipment pool, to the Management Board on a monthly basis. In case the minimum number of equipment referred to in paragraph 5 is not reached, the Executive Director shall inform the Management Board without delay. The Management Board shall take a decision on the prioritisation of the deployment of the technical equipment urgently and take the appropriate steps to remedy the identified shortcomings. It shall inform the Commission of the identified shortcomings and the steps taken. The Commission mayshall subsequently inform the European Parliament and the Council, together with its own assessment.
Amendment 192 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 10 – point -a (new)
Article 1 – point 10 – point -a (new)
Regulation (EC) No 2007/2004
Article 8 e – paragraph 1 – point a
Article 8 e – paragraph 1 – point a
(-a) point a is replaced by the following: "(a) description of the situation, with modus operandi and objectives of the deployment, including the operational aim, as well as guidelines for the protection of fundamental rights;"
Amendment 196 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 2007/2004
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Subject to the return policy of the Union, and in particular Directive 2008/115/EC, the Agency shall provide the necessary assistance, and upon request of the participating Member States ensure the coordination for organising joint return operations of Member States. The Agency may decide to finance or co-finance the operations and projects referred to in this paragraph, with grants from its budget in accordance with the financial rules applicable to the Agency. The Agency may also use Union financial means available in the field of return. The Agency shall ensure that in its grant agreements with Member States any financial support is conditional upon the full respect of the Charter of Fundamental Rights.
Amendment 199 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 2007/2004
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Agency shall develop a Code of Conduct for the return of illegally present third-country nationals by air which shall apply during all joint return operations coordinated by the Agency, describing common standardized procedures which should simplify the organisation of joint return flights and assure return in a humane manner and in full respect for fundamental rights, in particular the principles of human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, right to liberty and security, the rights to the protection of personal data and non discrimination. The Code of Conduct shall allow for the suspension of a return where there are reasons to believe that the return would lead to a violation of fundamental rights. In the event of a breach of international and/or Union law, the return shall be suspended.
Amendment 201 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 2007/2004
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Code of Conduct will in particular pay attention to the obligation set out in Article 8(6) of Directive 2008/115/EC to provide for an effective forced-return monitoring system. The monitoring of joint return operations should be carried out independently and should cover the whole joint return operation from the pre- departure phase until the hand-over of the returnees in the country of returna follow up of the situation of the returnee has been conducted in the country of return, especially with regard to how they were received at the arrival point, how they were treated by the third-country authorities and whether they were arrested. Personnel in charge of monitoring shall have access to all relevant facilities, including detention centres and aircraft, and receive the necessary training to perform their duties. Furthermore, observations of the monitor, which shall cover the compliance with the Code of Conduct and in particular fundamental rights, shall be made available to the Commission and form part of the internal Final Return Operation Report. In order to ensure transparency and a coherent evaluation of the forced-return operations, reports of the monitor shall be included in an annual reporting mechanism.
Amendment 202 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 2007/2004
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The Agency shall ensure the respect of all data protection rights of returnees, including the right to be informed on request at all stages of the data that is held by the Agency or the Member States about the returnees, in accordance with Regulation (EC) No 45/2001.
Amendment 203 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 13
Article 1 – point 13
Regulation (EC) No 2007/2004
Article 10 – paragraph 2
Article 10 – paragraph 2
2. While performing their tasks and exercising their powers guest officers shall comply with international law, Union law, in accordance with fundamental rights, and the national law of the host Member State.
Amendment 205 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 13 a (new)
Article 1 – point 13 a (new)
Regulation (EC) No 2007/2004
Article 10 – paragraph 3
Article 10 – paragraph 3
(13a) In Article 10, paragraph 3 is replaced by the following: "3. Guest officers may only perform tasks and exercise powers under instructions from and, as a general rule, in the presence of border guards of the host Member State. Guest officers shall immediately inform the border guards of the host Member States about any person seeking international protection."
Amendment 207 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 13 c (new)
Article 1 – point 13 c (new)
Regulation (EC) No 2007/2004
Article 10 – paragraph 6
Article 10 – paragraph 6
(13c) In Article 10 paragraph 6 is replaced by the following: "6. By way of derogation from paragraph 2, while performing their tasks and exercising their powers, guest officers shall be authorised to use force, including service weapons, ammunition and equipment, with the consent of the home Member State and the host Member State, in the presence of border guards of the host Member State and in accordance with the national law of the host Member State, and with the principles of necessity and proportionality."
Amendment 208 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 13 d (new)
Article 1 – point 13 d (new)
Regulation (EC) No 2007/2004
Article 10 – paragraph 7
Article 10 – paragraph 7
(13d) In Article 10 paragraph 7 is replaced by the following: "7. By way of derogation from paragraph 6, service weapons, ammunition and equipment may be used in legitimate self-defence and in legitimate defence of guest officers or of other persons, in accordance with the national law of the host Member State and with the principles of necessity and proportionality."
Amendment 216 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 13
Article 13
The Agency may cooperate with Europol, the European Asylum Support Office, the Fundamental Rights Agency, other European Union agencies and bodies, and the international organisations competent in matters covered by this Regulation in the framework of working arrangements concluded with those bodies, in accordance with the relevant provisions of the Treaty and the provisions on the competence of those bodies. The European Parliament shall be informed, in accordance with Article 218 of the Treaty on the Functioning of the European Union, of any such arrangements concluded by the Agency. The Agency may also invite representatives of third countries, other European Union agencies and bodies or international organisations to participate in its activities as referred to in Articles 3, 4 and 5. Such representatives shall receive appropriate training from the Agency prior to their participation, in particular in relation to fundamental rights.
Amendment 219 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 1
Article 14 – paragraph 1
1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate the operational cooperation between Member States and third countries, in the framework of the European Union external relations policy, including with regard to human rights. For that reason, no operation may take place under the jurisdiction of any third country.
Amendment 222 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Agency may deploy liaison officers, which should enjoy the highest possible protection to carry out their duties, in third countries. They shall form part of the local or regional cooperation networks of Member States' liaison officers set up pursuant to Council Regulation No 377/2004. Liaison officers shall only be deployed to third countries in which border management practices respect minimum human rights standardfully respect fundamental rights and international protection obligations, including in border management practices. Priority for deployment should be given to those third countries, which on the basis of risk analysis constitute a country of origin or transit regarding illegal migration. On a reciprocal basis the Agency may receive liaison officers posted by those third countries also, for a limited period of time. The Management Board shall adopt, on a proposal of the Executive Director, the list of priorities on a yearly basis in accordance with the provisions of Article 24.
Amendment 227 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The tasks of the liaison officers shall include, in compliance with European Union law and in accordance with fundamental rights, with special regard to the right of everyone to leave a country, including his or her own, and international protection obligations, with special regard to respect for the principle of non-refoulement, the establishment and maintaining of contacts with the competent authorities of the third country to which they are assigned to with a view to contribute to the prevention of and fight against illegalrregular immigration and the return of illegal migrants.
Amendment 231 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Agency may benefit from Union funding in accordance with the provisions of the relevant instruments supporting the Union's external relations policy, except the funds for development cooperation, including the European Neighbourhood Policy and instruments for Stability. It may launch and finance technical assistance projects in third countries regarding matters covered by this Regulation. The Agency may also invite representatives of third countries, other European Union agencies and bodies or intshall ensure that assistance to opernational organisations to participate in its activities referred to in Articles 3, 4 and 5. Ts within the framework of these projects is not provided to third countries where thesre arep resentatives shall receive the appropriate training from the Agency prior to their participationasons to believe that such operations could lead to violations of fundamental rights.
Amendment 235 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 5
Article 14 – paragraph 5
5. When concluding bilateral agreements with third countries as referred to in Article 2 (2) Member States shall, where appropriate, include provisions concerning the role and competencies of the Agency, in particular regarding the exercise of executive powers by members of the teams deployed by the Agency during the activities referred to in Article 3. The text of these bilateral agreements shall be transmitted to the European Parliament and the Commission, in accordance with Article 218 of the Treaty on the Functioning of the European Union.
Amendment 237 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation in the framework of working arrangements concluded with these authorities, in accordance with the relevant provisions of the Treaty., and in particular of the Charter of Fundamental Rights of the European Union and international law, with special regard to compliance with the non-refoulement principle. Those arrangements shall guarantee compliance with international human rights and humanitarian law by third countries. A human rights assessment, including of the right to seek asylum, shall be carried out prior to the conclusion of such working arrangements and shall be reported to the European Parliament and the Commission
Amendment 242 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The activities referred to in paragraphs 2 and 6 shall be subject to receiving a prior favourable opinion of the Commission. The European Parliament shall be informed in accordance with Article 218 of the Treaty on the Functioning of the European Union at all stages of any working arrangements that the Agency concludes with the authorities of third countries.
Amendment 244 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 16 a (new)
Article 1 – point 16 a (new)
Regulation (EC) No 2007/2004
Article 15 – paragraph 1
Article 15 – paragraph 1
(16a) In Article 15, paragraph 1 is replaced by the following: "The Agency shall be a body of the Union. It shall have legal personality."
Amendment 245 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 19 a (new)
Article 1 – point 19 a (new)
Regulation (EC) No 2007/2004
Article 19 – paragraph 1
Article 19 – paragraph 1
(19a) In Article 19, paragraph 1 is replaced by the following: "1. The contractual liability of the Agency shall be governed by the law applicable to the contract in question. All contracts shall include a human rights clause."
Amendment 246 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 19 b (new)
Article 1 – point 19 b (new)
Regulation (EC) No 2007/2004
Article 19 – paragraph 3
Article 19 – paragraph 3
(19b) In Article 19, paragraph 3 is replaced by the following: "3. In the case of non-contractual liability, the Agency shall be held liable and, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its servants in the performance of their duties."
Amendment 254 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 23
Article 1 – point 23
Regulation (EC) No 2007/2004
Article 33 – paragraph 2 b (new)
Article 33 – paragraph 2 b (new)
2b. The evaluation shall include a specific analysis onf the way in which the rights enshrined in the Charter of Fundamental Rights wasere respected pursuant to the application of the Regulationis Regulation. That analysis shall be carried out in cooperation with the Fundamental Rights Agency, and include the participation of UNHCR and non-governmental organisations with relevant expertise. An annual evaluation of that analysis shall be annexed to the Agency's general report.
Amendment 14 #
2009/2218(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Amendment 78 #
2009/2218(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls for a reform of the existing international commodity agreements according to development needs and fair trade principles of developing countries and the re-establishment of national marketing boards on the most important commodities, as potential options for developing countries to mitigate against volatile terms of trade,
Amendment 86 #
2009/2218(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Points out that any measures at ACTA negotiation to strengthening power for cross-border inspection and seizures of goods should not harm global access to legal, affordable and safe medicines;
Amendment 87 #
2009/2218(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Is worried about recent cases of EU member states" custom authorities to seize generic medicines in transit in European ports and airports and underlines that such behaviour undermines the WTO Declaration on Access to medicine; asks the respective EU Member States to swiftly stop this practice; calls on the Commission to assure Parliament that the currently negotiated ACTA does not prevent access to medicine for developing countries;
Amendment 88 #
2009/2218(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Believes that the climate change challenge must be addressed through structural reforms and calls for a systematic climate change risk assessment into all aspects of policy planning and decision including trade, agriculture, food security ...etc; and demands that the result of this assessment be used to formulate clear and coherent country and regional strategy papers, as well as in all development programmes and projects;
Amendment 89 #
2009/2218(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Considers that there is a stronger link between debt cancellation and poverty eradication and calls for the creation of an International Debt Arbitration Panel to examine developing countries situation where debt service has reached such a level as to prevent financing basic social services;
Amendment 90 #
2009/2218(INI)
Motion for a resolution
Paragraph 17 e (new)
Paragraph 17 e (new)
17e. Urges the Commission to present proposals for the introduction of an EU- wide and global financial transaction tax, which could help to finance investment in developing countries in order to overcome the worst consequences of the crisis and to keep on track towards the achievement of the Millennium Development Goals;
Amendment 91 #
2009/2218(INI)
Motion for a resolution
Paragraph 17 f (new)
Paragraph 17 f (new)
17f. Calls for the EU to review the European Investment Bank (EIB) policy on offshore financial centres on the basis of more stringent criteria than the Organisation for Economic Cooperation and Development (OECD) listing for the definition of prohibited and monitored jurisdictions, and to ensure its implementation and provide annual reports on progress;
Amendment 92 #
2009/2218(INI)
Motion for a resolution
Paragraph 17 g (new)
Paragraph 17 g (new)
17g. Maintains that the EU concept of fisheries partnership agreements with third countries should be revised in order to promote sustainable fisheries and good governance; that there should be a distinction between the costs of access for the EU fleet (which should be covered by shipowners and represent a fair part of the value of the catches) and the sectoral support provided by the EU to the third country through partnership agreements (for research, control, etc); such support must be long-term in nature and coherent with EU development policy objectives, in particular poverty alleviation and points out that Fisheries Partnership Agreements should be offered to all cooperating countries, independent of any access to fish stocks that may be offered to the Community;
Amendment 93 #
2009/2218(INI)
Motion for a resolution
Paragraph 17 h (new)
Paragraph 17 h (new)
17h. Calls on the Commission to ensure that the current reform of the Common Fisheries Policy results in an external fisheries policy that is fully coherent with the Community development policy, incorporate a regional approach to fisheries agreements that will help third countries to develop sustainable local fisheries;
Amendment 94 #
2009/2218(INI)
Motion for a resolution
Paragraph 17 i (new)
Paragraph 17 i (new)
17i. Insists that, as stipulated in the UN Convention on the Law of the Sea, the EU should accept access to fish stocks in third-country waters only when it has been scientifically demonstrated that there is a surplus of fish stocks that cannot be caught by the third country's fishermen;
Amendment 96 #
2009/2218(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the mechanisms to enhance PCD within the Commission, namely the inter-service consultation system, the Impact Assessment process, the Sustainability Impact Assessment and the Interservice Quality Support Group; asks, however, which criteria DG Development used when deciding to overturn incoherent policy initiatives and asks for greater transparency as regards the outcome of inter-service consultations; asks for the information gathered in the Impact Assessments to be provided to the European Parliament in a more comprehensible form; demands, furthermore, that the European Parliament and developing countries should be more closely involved in these mechanisms;
Amendment 104 #
2009/2218(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Asks the Commission to start the impact assessments earlier, i.e. before the drafting process of policy initiatives is already far advanced and to base them on existing or especially conducted evidence- based studies as a prospective analysis is most useful and practical given the lack of data and the complexities of PCD; asks the Commission to include the results of the impact assessments in the Development Cooperation Instrument (DCI)’s Regional and Country Strategy Papers together with suggestions for follow-up;
Amendment 120 #
2009/2218(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27c. Suggests a training of the European Commission´s staff and members of the European Council´s delegations in the field of PCD to achieve a higher awareness towards that policy goal;
Amendment 26 #
2009/2200(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Regrets the low level of participation of women in the official labour market and their dominant employment in the informal sector; urges Turkey to take effective measures to combatintegrate the informal economy into the informal economy and urges the Commission to share best practice in this area;
Amendment 31 #
2009/2200(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 45 #
2009/2200(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Encourages the Commission and Turkey to remove all technical barriers to trade, such as recognition of certification,, in the perspective of full EU Membership of Turkey, existing technical barriers to trade, especially duplicative testing, multiple inspections, and technical regulations and standards; and to move towards recognition of certification in specific fields in accordance with progress in the alignment of Turkey with the acquis communautaire;
Amendment 53 #
2009/2200(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Acknowledges the difficulties faced by Turkey in concluding Free Trade Agreements (FTAs) with third countries, due to the unwillingness of certain countries to strike trade deals in the absence of binding mechanisms, and the detrimental effects of this on the Turkish economy; urges the Commission to include Turkey as observer in its negotiations on FTAs and to take full account in the FTAs of the special situation of the CU between the EU and Turkey;
Amendment 57 #
2009/2200(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Welcomes the legislation on standardisation in foreign trade, adopted by the Turkish government in 2009; regretnotes, however, the introduction of conformity assessment procedures and physical customs checks; urges Turkey to adoptconsider the adoption of the draft regulation on the application of the mutual recognition principle and to improve minimum standards required in this regard;
Amendment 59 #
2009/2200(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 63 #
2009/2200(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Welcomes the fact that 88% of total FDI stock in Turkey comes from the EU; points out, however, that the share of FDI in Turkey’s GDP is relatively small; invites the Turkish authorities, therefore, to implement the necessary structural and institutional reforms to create an environment for investmentsustainable investment, anticipating future needs of safeguarding the environment, monitoring balance of payment problems and creating jobs in a green economy;
Amendment 74 #
2009/2200(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Notes that Turkey and the EU face similar challenges in energy supply; stresses the need to define a common external energy strategy; urges Turkey to ratify the Energy Charter Treaty Trade Amendmentphase-out its nuclear reactors, improve nuclear safety especially in the earthquake regions, promote the sustainable introduction of renewables on a larger scale than is currently the case, to apply the regulations of the Aarhus Convention on environmental transparency and justice and to actively engage local communities in consultations about energy projects;
Amendment 77 #
2009/2200(INI)
Motion for a resolution
Paragraph 20a new
Paragraph 20a new
Notes that the social, safety and environmental standards in Turkey are not meeting EU levels yet; is concerned about the death of 30 miners in the coal mine Grizu in Zonguldak on 17 May 2010, the disregard of the protests of the workers from the tobacco industry Tekel and of industrial pollution like that of the Gölyazi lake; in view of Turkey's preparation for EU accession, urges the Turkish Government to improve social and environmental rights;
Amendment 83 #
2009/2200(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 88 #
2009/2200(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Stresses that counterfeit products represent a major problem in EU-Turkey trade relations and reduce the attractiveness of Turkey for FDI; welcomestakes note of the adoption of new IPR legislation in Turkey with effective enforcementhich should help to tackle this problem;
Amendment 3 #
2009/2171(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the 2009 study by Megapesca Lda entitled ‘Overall evaluation study of the Fisheries Partnership Agreements policy,
Amendment 4 #
2009/2171(INI)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
- having regard to the current reforms on the Common Agriculture Policy and on the Common Fisheries Policy,
Amendment 5 #
2009/2171(INI)
Motion for a resolution
Recital A
Recital A
A. Whereas strong economic growth within a stable, business-friendly environment helpsLocal Economic Development (LED) strategies, based on democratic participation of local communities has a potential to create wealth and decent jobs and is therefore the surest and most sustainable route out of poverty,
Amendment 7 #
2009/2171(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas hunger, malnutrition, and exclusion of millions of people from access to food and basic public services are consequences of economic, agricultural and trade policies at national and international level,
Amendment 11 #
2009/2171(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the developing world faces an urgent shortage of qualified health personnelrecruitment of qualified health personnel by industrialised countries constitutes one of the factors, which aggravates the fragile health system in developing countries, and whereas many skilled workers, in health and other sectors, are not returning home to benefit their own communitieuntries due to political and economical reasons,
Amendment 13 #
2009/2171(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas over 70% of the world's poor in developing countires live in rural areas and are directly or indirectly dependent on agriculture for their livelihoods and their markets are undermined by heavily subsidised European products which expose local farmers to structural poverty and dependence on external aid, which is recently exacerbated by the land grab phenomenon,
Amendment 15 #
2009/2171(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas tax evasion and illicit capital flights from developing countries represents 10 times the value of development aid,
Amendment 18 #
2009/2171(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Urges governments in developing countries to avoid overburdening businesses – especially SMEs, motors of jobs and growth – with excessive red tapedopt Local Economic Development (LED) strategies, which has a great potential to transform their countries' economies from export led towards national and intra-regional sustainable development in order to build domestic and regional markets by taking into account the real need of the populations;
Amendment 21 #
2009/2171(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls for a regulated fair and equitable trade agreement between industrialised and developing countries, which allows developing countries to build local economy and employment without being exposed to unfair competition between the two systems with great differences in matter of productivity, divergent policies and subsidies;
Amendment 25 #
2009/2171(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Invites developing countries to extend land ownership among the poor and dispossessed, for instance by givingtake measures to foster access to land, water and the resources of biodiversity in support of local sustainable economic development in general and find a solution to squatters in shanty towns the titles toby giving them land where they live oin;
Amendment 31 #
2009/2171(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. SupportsCalls upon developing countries in their efforts to strengthen and deepen regional integration, through free-trade areas, regional economic communities,economic communities through fair and equitable trade and through regional development banks, etc.;
Amendment 32 #
2009/2171(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Reaffirms that developing countries should legitimately be allowed to enact policies which creates for domestic added value, and considers that the current EU trade regime which taxes raw materials less than processed goods is counter to industrialisation of developing countries;
Amendment 51 #
2009/2171(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines that export subsidies have led to the dumping of EU products on in developing countries' markets and contributed to job destruction by , rendering local agricultural products such as frozen chicken parts, pork, sugar and canned tomatoes uncompetitive and manufactured industrial good uneconomical;
Amendment 52 #
2009/2171(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Believes that Policy Coherence can bring fruitfull results in job creation in developing countries and calls therefore for EU external polices change, as they have a direct impact in developing countries economies, which should designed to support developing countries sustainable needs in order to fight poverty, guarantee decent income and livelihood as well as the fulfilment of basic human rights, including social, economic and environmental rights;
Amendment 55 #
2009/2171(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the EU to honourreview its aid-for- trade commitmentspolicy and replace its aid for equitable and fair trade;
Amendment 57 #
2009/2171(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Insists that the commission make sure that the external dimension of the current reform of the Common Fisheries Policies will be mainstreamed with the EU development policy as they are directly linked with the livelihood of the population in developing countries;
Amendment 58 #
2009/2171(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Recalls that the EU-access to fish stocks in third countries should not in any way be a condition for development assistance to those countries;
Amendment 59 #
2009/2171(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Underlines that the EU sector support to the fisheries industry in third countries is aimed at developing these countries' harbours with the proper infrastructure to facilitate local landing and processing of fish in order to create new jobs, and calls on the Commission to monitor and verify that these goals are achieved, as well as providing financial and technical support to improve the ability of the third country to monitor fishing activities in their waters and to apprehend vessels observed committing infractions;
Amendment 73 #
2009/2171(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Accepts the use of budget support only where there are watertight guarantees that funds will reach their intended destination and satisfy their original purpose and where recipients fulfilCalls for an assessment and auditing of budget support to analyse if their intended goal is achieved and where recipients countries government fulfilled respect for human rights and democratic governance criteria; looks forward to more effective auditing of budget support;
Amendment 75 #
2009/2171(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Encourages the EU to pursue an ambitious election observation programme and to place more emphasis in future on monitoring post-election situatCalls on the Commission to present to the European Parliament a coherent and credible proposal on EU post election policy, which respects the free choice of the population in a given country, and fears that the absence of coherent post election policy as they stand now defeat the credibility of the EU Election Observer missions;
Amendment 77 #
2009/2171(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Invites the international financial institutions to apply conditionality to their loans and agreements if this proves an effective way to encourage sound public finances, vibrant, job-creating economies or respect for human rightreview their loan policies in order to support developing countries democratic and sustainable economic development choice and to refrain from harmful conditionalities which contributed led to international financial crisis;
Amendment 78 #
2009/2171(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Calls on the EU to take concrete action to eradicate abuses of tax havens, tax evasion and illicit financial flights from developing countries and allow these resources to be invested in developing countries;
Amendment 79 #
2009/2171(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33b. Calls for a new binding global financial agreement, which forces transnational corporate companies to automatic disclosure of the profits they made and the taxes they paid on a country by country basis;
Amendment 13 #
2009/2150(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the deregulation of financial markets has caused a systemic crisis of global dimensions, which requires international compensation and burden sharing; whereas the privatisation and deregulation policies of the IMF and the World Bank also contributed to the acceleration of the economic and financial crisis,
Amendment 19 #
2009/2150(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is acutely aware that the past two years have seen a succession of global crises (food, fuelenergy, climate and financial) which have serious impacts on industrialised and emerging countries, but devastating implications for the poor population groups in developing countries, with over 200 million workers exposed to extreme poverty worldwide and more than a sixth of the world'’s population suffering from hunger;
Amendment 23 #
2009/2150(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Deplores that all EU pledges (99%) are from existing commitments; 8.8bn are frontloaded, meaning there is a danger that in the coming years there will be less development aid climate finance; urges the EU to allocate additional money for its commitments;
Amendment 40 #
2009/2150(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Firmly believes that taxing the banking system to fund a deposit insurance or a resolution fund would not be a fair contribution from the financial sector to global social justice; calls insteadalso for an international levy on financial transactions to make the overall tax system more equitable and to generate additional resources for financing development and global public goods;
Amendment 44 #
2009/2150(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes with great concern that developing countries are expected to face a financial gap of between USD 350 billion and USD 635 billion in 2009 and that mounting fiscal distress in the most vulnerable countries is imperilling USD 11.6 billion of core spending in education, health, infrastructure and social protection; advocates therefore a three-year moratorium on debt repayments, including capital and interest, to enabledebt cancellation – at least for least developing countries to– to enable them implement countercyclical fiscal policies to mitigate the severe effects of the crisis; proposes the establishment at international level of an independent and transparent body for debt arbitration;
Amendment 48 #
2009/2150(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls upon the Member States, within the European Union Emission Trading System framework, to devote a fair share100% of the revenues generated from the auctioning of carbon emission allowances to support developing countries in coping with climate change, in accordance with Directive 2003/87/EC1; 1 Article 10 of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community (OJ L 275, 25.10.2003, p. 32).Or. en
Amendment 53 #
2009/2150(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Supports the creation of joint public- public and public-private initiatives for development, based on a public lead with private donors'’ support and in line with partner countries'’ priorities, as a means to increase direct investment in developing countries and facilitate technology transfer;
Amendment 58 #
2009/2150(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Regards trade as a main driver of economic growth and poverty reductionfair and regulated trade as one of the sustainable economic development factors in the fight against poverty in developing countries and calls upon the EU and Member States to leverage their international influence for a successful, fair and development-oriented conclusion of the Doha Round, while enhancing the pro- poor focus of EU Aid for Trade policy;
Amendment 62 #
2009/2150(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reaffirms the fact that Economic Partnership Agreements (EPAs) should be regarddesigned as a pro-development tool and urges the Commission to work towards a rapid conclusion of the negotiations,to foster ACP countries’ sustainable development while taking into account the ways in which EPA provisions may impact on the ability of developingACP countries to cope with the crisis;
Amendment 70 #
2009/2150(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes that half of all illicit financial flows out of developing countries are related to the mispricing of trade and reinforces its call for a new binding, global financial agreement at EU as well as UN level which forces transnational corporations to automatically disclose the profits made and the taxes paid on a country-by-country basis, so as to ensure transparency about sales, profits and taxes in every jurisdiction where they are located;
Amendment 76 #
2009/2150(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the European Investment Bank’s (EIB) enforcement of its existing policy towards Offshore Financial Centres; requests the EU, the Member States and the EIB to take up a vanguard role and make investment through tax havens less attractivein the fight against tax havens by adopting rules of public procurement and disbursement of public funds which prohibit any company, bank or other institution registered in a tax haven from benefiting from public funds;
Amendment 58 #
2009/0164(COD)
Proposal for a directive
Article 9 – paragraph 2 – point e
Article 9 – paragraph 2 – point e
(e) prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts falling under the exclusion clauses as set out in Article 12(2) or would be irreconcilable with the deeply held moral, religious, or political convictions or other valid reasons of conscience of the person concerned;
Amendment 12 #
2009/0104(CNS)
Proposal for a regulation
Recital 3
Recital 3
(3) For persons residing in Kosovo under UNSCR 1244/99 and persons whose citizenship certificate has been issued for the territory of Kosovo under UNSCR 1244/99, a specific Coordination Directorate in Belgrade will be in charge of collecting their passport applications and the issuance of passports. However, in view of security concerns regarding in particular the potential for illegal migration, the holders of Serbian passports issued by this specific Coordination Directorate (in Serbian : Koordinaciona uprava) should be excluded from the visa free regime for Serbia. In view of the fact that the border between Serbia and Kosovo is regarded by the Serbian authorities as an administrative boundary, which might negatively influence effective inter-state border controls, the Commission should request the Serbian government to implement at that border or boundary the same measures and controls it does at its other internationally recognised borders.
Amendment 8 #
2009/0098(COD)
Proposal for a directive – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Regulation (EC) No 377/2004
Article 1 – paragraph 1
Article 1 – paragraph 1
(-1) Article 1, paragraph 1 is amended as follows: "1. In this Regulation "immigration liaison officer" means a representative of one of the Member States, posted abroad by the immigration service or other competent authorities in order to establish and maintain contacts with the authorities of the host country with a view to contributing to the prevention and combating of causes of forced migration, the voluntary return of migrants and the management of legal migration."
Amendment 10 #
2009/0098(COD)
Proposal for a directive – amending act
Article 1 – point -1 b (new)
Article 1 – point -1 b (new)
Regulation (EC) No 377/2004
Article 2 – paragraph 2
Article 2 – paragraph 2
(-1b) Article 2, paragraph 2 is amended as follows: "2. Immigration liaison officers shall collect information for use either at the operational level, or at a strategic level, or both. Such information shall in particular concern issues such as: - flows of illegal immigrants originating from or transiting through the host country, - routes followed by those flows of illegal immigrants in order to reach the territories of the Member States, - their modus operandi, including the means of transport used, the involvement of intermediaries, etc., - the existence and activities of criminal organisations involved in the smuggling of immigrants, - incidents and events that may be or become the cause for new developments with respect to flows of illegal immigrants, - methods used for counterfeiting or falsifying identity documents and travel documents, - ways and means to assist the authorities in host countries in fighting the causes of forced migration, - ways and means to facilitate the return and repatriation of illegal immigrants to their countries of origin, - legislation and legal practices relevant to the issues referred to above, - information transmitted via the early warning system, - information about the situation regarding human rights in the host country."
Amendment 11 #
2009/0098(COD)
Proposal for a directive – amending act
Article 1 – point -1 c (new)
Article 1 – point -1 c (new)
Regulation (EC) No 377/2004
Article 3 – paragraph 1
Article 3 – paragraph 1
(-1c) Article 3, paragraph 1 is amended as follows: "1. Member States shall systematically and without delay inform one another, the European Parliament, the Council and the Commission of their secondments of immigration liaison officers, including a description of their duties. The Commission shall provide a collection of this information to the Council and Member States."
Amendment 12 #
2009/0098(COD)
Proposal for a directive – amending act
Article 1 – point -1 d (new)
Article 1 – point -1 d (new)
Regulation (EC) No 377/2004
Article 3 – paragraph 2
Article 3 – paragraph 2
(-1d) Article 3, paragraph 2 is amended as follows: "2. Each Member State shall also inform the others as well as the European Parliament of its intentions as regards the secondment of immigration liaison officers to third countries, so as to allow the other Member States to express an interest in concluding a cooperative agreement with the Member State concerned on such secondment, as referred to in Article 5."
Amendment 17 #
2009/0098(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 377/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Representatives of the Commission, and the FRONTEX Agency established by Regulation (EC) No 2007/2004 as well as international independent bodies such as the Office of the United Nations High Commissioner for Refugees (UNHCR) shall be entitled to participate in the meetings organised within the framework of the immigration liaison officers network, although, if required by operational considerations, meetings may be held in the absence of these representatives. Other bodies and authorities may also be invited, as appropriate.
Amendment 20 #
2009/0098(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 377/2004
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Member State holding the Presidency of the Council of the European Union or, if this Member State is not represented in the country or region, the Member State serving as acting Presidency shall draw up, by the end of each semester, a report to the Council, the European Parliament and the Commission on the activities of immigration liaison officers networks in specific regions and/or countries of particular interest to the European Union, as well as on the situation in those regions and/or countries, in matters relating to legal and illegal immigration, including a human rights based approach. The selection, following a consultation with the Member States, the European Parliament and the Commission, of the specific regions and/or countries of particular interest to the European Union shall be based on objective migratory indicators, such as statistics on legal and illegal migration, the situation of human rights and risk analyses prepared by the FRONTEX Agency, and shall be in line with overall EU external relations policy.
Amendment 22 #
2009/0098(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 377/2004
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall, on the basis of the abovementioned reports, provide a factual summary to the Council and to the European Parliament, on an annual basis, on the development of the immigration liaison officers’ networks and an assessment of their activities, specifically regarding the protection of and respect for international human rights law.
Amendment 2 #
2009/0059(CNS)
Proposal for a regulation – amending act
Article 1 - point 1
Article 1 - point 1
Regulation (EC) No 1934/2006
Title
Title
"Council Regulation (EC) No 1934/2006 of 21 December 2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories, and with developing countries falling under (EC) Regulation No 1905/2006third countries on measures not covered under (EC) Regulation No 1905/2006 for Official Development Assistance."
Amendment 3 #
2009/0059(CNS)
Proposal for a regulation – amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1934/2006
Article 1 - paragraph 1
Article 1 - paragraph 1
1. Community financing shall support economic, financial and technical cooperation and other forms of cooperation falling within its spheres of competence with industrialised and other high-income countries and territories and with developing countries falling under Regulation (EC) No 1905/2006with third countries on measures not covered under Regulation (EC) No 1905/2006 for Official Development Assistance.
Amendment 4 #
2009/0059(CNS)
Proposal for a regulation – amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1934/2006
Article 1 - paragraph 2
Article 1 - paragraph 2
2. The primary objective of cooperation with the countries and territories referred to in paragraph 1 shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral, regional or multilateral basis in order to create a more favourable environment for the development of the relations of the Community with these countries and territories and promote dialogue while fostering Community's interests.”
Amendment 5 #
2009/0059(CNS)
Proposal for a regulation – amending act
Article 1 - point 3
Article 1 - point 3
Regulation (EC) No 1934/2006
Article 2 - paragraph 1
Article 2 - paragraph 1
1. The cooperation shall be aimed at engaging with partners which share similar political, economic and institutionalto achieve the following goals: - to enhance dialogue with the third countries concerned by means of cooperation, mutual exchange and information; - to share and promote joint political, scientific, educational and cultural activities, structures and values; - to the Community and which are important bilateral partners and players in multilateral fora and in global governance. The cooperation also covers partners with which the Community has a strategic interest in promoting links. promote fair economic partnership and business of mutual interest and in accordance with the Millennium Development Goals (MDGs); - to increase exchanges with important bilateral partners and players in multilateral fora and in global governance; - to foster common solutions to multilateral challenges such as climate change, energy security and peace, with a particular focus on sustainable technology.
Amendment 6 #
2009/0059(CNS)
Proposal for a regulation – amending act
Article 1 - point 3
Article 1 - point 3
Regulation (EC) No 1934/2006
Article 2 a (new)
Article 2 a (new)
2a. In regard to countries listed in Annex II, policy coherence with measures financed under Regulation (EC) No 1905/2006 shall be strictly observed and evaluated on a yearly basis.
Amendment 1 #
2008/0251(NLE)
Proposal for a recommendation
Paragraph 1
Paragraph 1
1. CDeclines to consents to conclusion of the Agreement;
Amendment 21 #
2008/0242(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, legitimately seek international protection in the Union.
Amendment 22 #
2008/0242(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 36 #
2008/0242(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) A temporary or permanent impossibility to provide fingerprints on the part of the applicant for international protection ('failure to enrol') should not adversely affect the legal situation of the individual.
Amendment 37 #
2008/0242(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Hits obtained from EURODAC should be verified by a trained fingerprint expert in order to ensure the accurate determination of responsibility under Regulation (EU) No […/…] [establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person].
Amendment 46 #
2008/0242(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In accordance with the principle of subsidiarity as set out in Article 5 of the Treaty, the objective of the proposed measuresSince the objective of this Regulation, namely the creation of a system for the comparison of fingerprint data to assist the implementation of the Community'sUnion asylum policy, cannot, by its very nature, be sufficiently achieved by the Member States and can therefore be better achieved by the Communityat Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in the saidat Article, this Regulation does not go beyond what is necessary in order to achieve thoseat objectives.
Amendment 49 #
2008/0242(COD)
(33) Transfers of data obtained pursuant to this Decision to third countries or international organisations or private entities should be prohibited, in order to ensure the right to asylum and to safeguard applicants for international protection from having their data disclosed to any third country. This prohibition shall be without prejudice to the right of Member States to transfer such data to third countries to which Regulation (EU) No […/…] [establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person] applies, in order to ensure that Member States have the possibility of cooperating with such third countries for the purposes of this Regulation. The prohibition of transfer to third countries should cover both EURODAC data obtained under this Regulation and personal data exchanged bilaterally subsequent to a EURODAC search which are stored or processed at national level.
Amendment 62 #
2008/0242(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 68 #
2008/0242(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
(l) 'fingerprint data' means the data relating to fingerprints of all or at least the index fingers, and if those are missing, the prints of all other fingers of a person, or a latent.
Amendment 72 #
2008/0242(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) a computerised central fingerprint database (Central System) composed of: – a Central Unit, – a Business Continuity SystemPlan.
Amendment 73 #
2008/0242(COD)
1. The Agency, shall be responsible for the operational management of EURODAC. The Agency shall ensure, in cooperation with the Member States, that at all times the best available technologyand most secure techniques, subject to a cost-benefit analysis, is used for the Central System.
Amendment 76 #
2008/0242(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Operational management of EURODAC shall consist of all the tasks necessary to keep EURODAC functioning 24 hours a day, 7 days a week in accordance with this Regulation, in particular the maintenance work and technical developments necessary to ensure that the system functions at a satisfactory level of operational quality, in particular as regards the time required for interrogation of the Central System. A Business Continuity Plan shall be developed taking into account maintenance needs and unforseen downtime of the system, including the impact of business continuity measures on data protection and security.
Amendment 78 #
2008/0242(COD)
1. For the purposes laid down in Article 1(2), Member States shall designate the authorities which are authorised to access EURODAC data pursuant to this Regulation. Designated authorities shall be authorities of the Member States which are responsible for the prevention, detection or investigation of terrorist offences and other serious criminal offences. Designated authorities shall not include agencies or units responsible for intelligence relating to national security.
Amendment 80 #
2008/0242(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. At national level, eEach Member State shall keep a list of the operating units within the designated authorities that are authorised to request comparisons with EURODAC data through the National Access Point.
Amendment 84 #
2008/0242(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall designate a single national body to act as its verifying authority. The verifying authority shall be an judicial authority of the Member State which is responsible for the prevention, detection or investigation of terrorist offences and other serious criminal offences.
Amendment 91 #
2008/0242(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
(f) the number of requests for marblocking and unmarblocking transmitted in accordance with Article 18(1) and (2).
Amendment 92 #
2008/0242(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. At the end of each year, statistical data shall be established in the form of a compilation of the monthly statistics for that year, including an indication of the number of persons for whom hits have been recorded under points (b), (c), and (d). The statistics shall contain a breakdown of data for each Member State. The result shall be made public.
Amendment 93 #
2008/0242(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. By way of derogation from paragraph 1, where it is not possible to take the fingerprints of an applicant on account of measures taken to ensure the health of the applicant or the protection of public health, Member States shall take and send the fingerprints of the applicant as soon as possible and no later than 48 hours after these grounds no longer prevail. The temporary or permanent impossibility to provide usable fingerprints shall not adversly affect the legal situation of a third-country national or a stateless person. In particular, it shall not represent sufficient grounds to refuse to examine or to reject an asylum application.
Amendment 95 #
2008/0242(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Central System shall inform as soon as possible and not later than after 72 hours, all Member States of origin about the erasure of data for the reason specified in paragraph 1 by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 9(1) or Article 14(1).
Amendment 96 #
2008/0242(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each Member State shall promptly take the fingerprints of all fingers of every third country national or stateless person of at least 14 years of age who is apprehended by the competent control authorities in connection with the irregular crossing by land, sea or air of the border of that Member State having come from a third country and who is not turned back or who remains physically on the territory of the Member States and who is not kept in custody, confinement or detention during the entirety of the period between apprehension and removal on the basis of the decision to turn them back.
Amendment 99 #
2008/0242(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 101 #
2008/0242(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Non compliance with the 72 hours time limit referred to in paragraph 2 does not relieve Member States of the obligation to take and transmit the fingerprints to the Central System. Where the condition of the fingertips does not allow to take the fingerprints in a quality ensuring appropriate comparison under Article 25, the Member State of origin shall retake the fingerprints of such person and resend them as soon as possible and no later than 48 hours after they have been successfully taken.
Amendment 102 #
2008/0242(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. By way of derogation from paragraph 1, where it is not possible to take the fingerprints of such person on account of measures taken to ensure the health of the person or the protection of public health, the Member State concerned shall take and send the fingerprints of the person, in accordance with the deadline set out in paragraph 2, once these grounds no longer prevail. The temporary or permanent impossibility to provide usable fingerprints shall not adversely affect the legal situation of a third-country national or a stateless person.
Amendment 104 #
2008/0242(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The Central System shall inform as soon as possible and no later than after 72 hours all Member States of origin about the erasure of data for the reason specified in point (a) or (b) of paragraph 2 or by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 14(1).
Amendment 105 #
2008/0242(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Central System shall inform as soon as possible and no later than after 72 hours all Member States of origin about the erasure of data for the reason specified in point (c) of paragraph 2 by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 9(1) or Article 14(1).
Amendment 108 #
2008/0242(COD)
4a. Once the results of the comparison have been transmitted to the Member State of origin, the Central System shall forthwith: (a) erase the fingerprint data and other data transmitted to it pursuant to paragraph 1; and (b) destroy the media used by the Member State of origin for transmitting the data to the Central Unit, unless the Member State of origin has requested their return.
Amendment 110 #
2008/0242(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 116 #
2008/0242(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. In exceptional cases of urgency of the need to prevent an imminent danger associated with serious criminal or terrorist offences, the verifying authority may transmit the fingerprint data to the National Access Point for comparison immediately upon receipt of a request by a designated authority and only verify ex- post whether all the conditions of Article 20 or Article 21 are fulfilled, including whether an exceptional case of urgency actually existed. The ex-post verification shall take place without undue delay after the processing of the request.
Amendment 120 #
2008/0242(COD)
1. Designated authorities may request the comparison of fingerprint data with those stored in the EURODAC central database within the scope of their powers only if comparisons of national fingerprint databases and, of the Automated Fingerprint Databases of at least a third of other Member States under Decision 2008/615/JHA and of the Visa Information System return negative results and where:
Amendment 124 #
2008/0242(COD)
(c) there is an overriding public security concern which makes proportionate the querying of a database registering persons with a clean criminal record, and there are reasonable grounds to consider that such comparison with EURODAC data will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question.
Amendment 127 #
2008/0242(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c a (new)
Article 20 – paragraph 1 – point c a (new)
(ca) there is a substantiated suspicion that the perpetrator or victim of the offence is an applicant for international protection.
Amendment 131 #
2008/0242(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The results of the comparison shall be immediately checked in the Member State of origin by a trained fingerprint expert. Final identification shall be made by the Member State of origin in cooperation with the Member States concerned, pursuant to Article 32 of the Dublin Regulation.
Amendment 132 #
2008/0242(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Where final identification in accordance with paragraph 4 reveals that the result of the comparison received from the Central System is inaccurate, Member States shall communicate this fact to the Commission and to the Agencyas soon as possible and no later than after 72 hours to the Commission and to the Agency and inform the other Member States concerned as soon as possible and no later than after 72 hours on the inaccuracy of the data.
Amendment 135 #
2008/0242(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The authorities of Member States which, pursuant to paragraph 1, have access to data recorded in the Central System shall be those designated by each Member State for the purpose of Article 1(1). This designation shall specify the exact unit responsible for carrying out tasks related to the application of this Regulation. Each Member State shall without delay communicate to the Commission and the Agency a list of those authoritieunits and any amendments thereto. The Agency shall publish the consolidated list in the Official Journal of the European Union. Where there are amendments thereto, the Agency shall publish once a yearregularly an updated consolidated list online.
Amendment 137 #
2008/0242(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. A person covered by this Regulation shall be informed by the Member State of origin in writing, and where appropriatenecessary, orally, in a language which he or she understands or may reasonably be presumed to understand of the following:
Amendment 141 #
2008/0242(COD)
A common leaflet, containing at least the information referred to in paragraph 1 of this Article and the information referred to in Article 4(1) of the Dublin Regulation shall be drawn up in accordance with the procedure referred to in Article 40(2) of the Dublin Regulation. The leaflet shouldall be "clear and simple, drafted in a language that the person understands or may reasonably be presumed to understand. It shall also include information on the rights of the data subject and the possibility of assistance by the National Supervisory Authorities as well as the contact details of the controller and the National Supervisory Authorities.
Amendment 142 #
2008/0242(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 5
Article 29 – paragraph 1 – subparagraph 5
Where a person covered by this Regulation is a minor, Member States shall provide the information in an age-appropriate manner. The Commission shall provide templates of the leaflets for adults and minors to the Member States.
Amendment 143 #
2008/0242(COD)
9. Whenever a person requests data relating to him or her in accordance with paragraph 2, the competent authority shall keep a record in the form of a written document that such a request was made, and shall make this document available to the National Supervisory Authorities without delay, upon their request. It shall immediately inform the National Supervisory Authorities in case a person requests the correction or erasure of its data. No later than three weeks after the request it shall confirm to the National Supervisory Authorities that it has taken action to correct or erase the data or, in case the Member State does not agree that the data recorded in the Central System are inaccurate or have been recorded unlawfully, explain why it is not prepared to correct or erase the data.
Amendment 146 #
2008/0242(COD)
2. The European Data Protection Supervisor shall ensure that an audit of the Agency's personal data processing activities is carried out in accordance with international auditing standards at least every fourtwo years. A report of such audit shall be sent to the European Parliament, the Council, the Agency, the Commission and the National Supervisory Authorities. The Agency shall be given an opportunity to make comments before the report is adopted.
Amendment 147 #
2008/0242(COD)
Proposal for a regulation
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1a. The National Supervisory Authority shall ensure that every year an audit of the processing of personal data according to Article 1(2) is carried out, including an analysis of all reasoned electronic requests. The audit shall be attached to the Member State annual report referred to in Article 40(8).
Amendment 152 #
2008/0242(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Personal data, as well as the record of the search, obtained by a Member State or Europol pursuant to this Regulation from EURODAC shall be erased in national and Europol files after a period of one month, if the data are not required for athe purposes of the specific ongoing criminal investigation for which the data has been requested by that Member State, or Europol.
Amendment 155 #
2008/0242(COD)
Proposal for a regulation
Article 34 – paragraph 2 – point a
Article 34 – paragraph 2 – point a
(a) physically protect data, including by making contingency plans for the protection of criticalrelevant infrastructure;
Amendment 157 #
2008/0242(COD)
Proposal for a regulation
Article 34 – paragraph 2 – point g
Article 34 – paragraph 2 – point g
(g) ensure that all authorities with a right of access to EURODAC create profiles describing the functions and responsibilities of persons who are authorised to access, enter, update, erase and search the data and make these profiles and any other relevant information the authorities may require for the purpose of carrying out supervision available to the National Supervisory Authorities referred to in Article 258 of Directive 95/46/EC and in Article 25 of Framework Decision 2008/977/JHA without delay at their request (personnel profiles);
Amendment 158 #
2008/0242(COD)
Proposal for a regulation
Article 34 – paragraph 2 – point k
Article 34 – paragraph 2 – point k
(k) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation (self-auditing). For the purpose of the Business Continuity Plan, the Member States shall inform the Agency and the National Supervisory Authorities of security incidents they detected on their system. The Agency shall inform the Member States, Europol and the European Data Protection Supervisor in case of security incidents. All parties shall collaborate during a security incident.
Amendment 167 #
2008/0242(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point a
Article 38 – paragraph 4 – point a
Amendment 170 #
2008/0242(COD)
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. Every twoone years, the Agency shall submit to the European Parliament, the Council, the Commission and the European Data Protection Supervisor a report on the technical functioning of the Central System, including the security thereof.
Amendment 173 #
2008/0242(COD)
Proposal for a regulation
Article 40 – paragraph 5
Article 40 – paragraph 5
5. Three years after the start of application of this Regulation as provided for in Article 46(2) and every fourthree years thereafter, the Commission shall produce an overall evaluation of EURODAC, examining results achieved against objectives and assessing the continuing validity of the underlying rationale, and any implications for future operations, as well as make any necessary recommendations. The Commission shall transmit the evaluation to the European Parliament and the Council.
Amendment 175 #
2008/0242(COD)
Proposal for a regulation
Article 40 – paragraph 8
Article 40 – paragraph 8
Amendment 179 #
2008/0242(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By [three months after the date of entry into force of this Regulation] at the latest each Member State shall notify the Commission of its designated authorities and the operation units referred to in Article 5(3) and shall notify without delay any amendment thereto.
Amendment 182 #
2008/0242(COD)
Proposal for a regulation
Article 43 – paragraph 4
Article 43 – paragraph 4
4. The Commission shall publish information referred to in paragraphs 1, 2 and 3 in the Official Journal of the European Union on an annual basis, via a regularly updated electronic publication.
Amendment 1 #
2008/0139(NLE)
Proposal for a decision
Paragraph 1
Paragraph 1
1. CDeclines to consents to conclusion of the agreement;