2013/0188(CNS)

Rui TAVARES

Proposal for a directive
Article 1 – paragraph 1 – point a

Directive 2011/16/EU
Article 8 – paragraph 3 – subparagraph 1

3. The competent authority of a Member State may no longer indicate to the competent authority of any other Member State that it does not wish to receive information on one or several of the categories of income and capital referred to in paragraph 1. ~~It shall also inform the Commission thereof.~~

2013/10/01
Committee: ECON

2013/0188(CNS)

Rui TAVARES

Proposal for a directive
Article 1 – paragraph 1 – point a

Directive 2011/16/EU
Article 8 – paragraph 3 – subparagraph 2

A Member State may ~~be considered as not wishing to receive information in accordance with paragraph 1, if it does not inform the Commission of any single category in respect of which it has~~not opt out of receiving information ~~available~~.

2013/10/01
Committee: ECON

2013/0188(CNS)

Rui TAVARES

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

Directive 2011/16/EU
Article 8 – paragraph 5 a (new)

(ca) After paragraph 5, the following paragraph is inserted: “5a. Before July 2014 the Commission shall report to Council and Parliament on the ongoing negotiations with third countries on automatic information exchange. In case one or several agreements are not concluded before October 2014, the Commission shall publish a proposal for an EU equivalent to US FATCA (Foreign Account Tax Compliance Act) before January 2015, fully respecting relevant EU data protection legislation."

2013/10/01
Committee: ECON

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Recital 21

(21) To respect ownership of data and protection of information, Member States and authorities in third countries and international organisations should be able to determine the purpose for which Europol may process the data they provide and to restrict access rights. Purpose limitation contributes to transparency, legal certainty and predictability and is especially of high importance in the area of police cooperation, where data subjects are usually unaware when their personal data are being collected and processed and where the use of personal data may have a very significant impact on the lives and freedoms of individuals.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Recital 28

(28) Europol should be able to transfer personal data to an authority of a third country or an international organisation on the basis of a Commission decision finding that the country or international organisation in question ensures an adequate level of data protection, or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 of the Treaty, or a cooperation agreement concluded between Europol and this third country prior to the entry into force of this Regulation. The Commission should, within 12 months after the entry into force of this Regulation, review the existing cooperation agreements and propose amendments to align them with the provision of this Regulation. In view of Article 9 of Protocol 36 on transitional provisions attached to the Treaty, legal effects of such agreements should be preserved until those agreements are repealed, annulled or amended in the implementation of the Treaty.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Recital 29

(29) Where a transfer of personal data cannot be based on an adequacy decision taken by the Commission, or, an international agreement concluded by the Union, or an existing cooperation agreement, the Management Board and the European Data Protection Supervisor should be allowed to authorise a transfer or a set of transfers , provided adequate safeguards are ensured. Where none of the above applies, the Executive Director should be allowed to authorise the transfer of data in exceptional cases on a case-by- case basis, if it is necessary to safeguard the essential interests of a Member State, to prevent an imminent danger associated with crime or terrorism, if the transfer is otherwise necessary or legally required on important public grounds, ~~if the data subject has consented,~~ or if vital interests of the data subject are at stake.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Recital 32

(32) Data protection rules at Europol should be strengthened and ~~draw on the principles underpinning Regulation (EC) No 45/200132 to ensure a high level of protection of individuals with regard to processing of personal data~~aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the European Union to ensure a high level of protection of individuals with regard to processing of personal data. While Decision 2009/371/JHA provides for an adequate data protection regime for Europol, it should be further elaborated to align Europol with the requirements of the Lisbon Treaty, reflect the growing role of Europol and improve the rights of data subjects. Data protection rules at Europol should be strengthened and draw on the principles underpinning Regulation (EC) No 45/200132 to ensure a high level of protection of individuals with regard to processing of personal data, as well as on other data protection principles, including accountability principle, data protection impact assessment, privacy by design and by default and notification of personal data breaches. As soon as the new data protection framework of the EU institutions and bodies will be adopted, it should be applicable to Europol. As Declaration 21 attached to the Treaty ~~recogniz~~acknowledges, the specific~~ity~~ nature of the processing of personal data ~~processing~~ in the law enforcement context~~, the data protection rules of Europol should be autonomous~~ proves necessary that specific rules on the protection of personal data and the free movement of such data are established for Europol based on Article 16 of the Treaty on the Functioning of the European Union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the Union, in particular Convention No. 10833 and its Additional Protocol of 8 November 2001 and Recommendation No R(87) of the Council of Europe34 and Council Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [to be replaced by the relevant Directive in force at the moment of adoption]. Transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised. To enhance transparency, Europol should have transparent data protection policies that it should make easily publicly available setting out in an intelligible form and using clear and plain language the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects, as well as publish a list of the international and cooperation agreements it has with third countries, Union bodies and international organisations.

2013/10/01
Committee: LIBE

2013/0091(COD)

Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Josef WEIDENHOLZER, Rui TAVARES

Proposal for a regulation
Recital 32 a (new)

(32a) Transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised. To enhance transparency, Europol should have transparent data protection policies including the means available for the exercise of the rights of data subjects that it should make easily publicly available, as well as publish a list of the international and cooperation agreements it has with third countries, Union bodies and international organisations.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Recital 34

(34) Personal data relating to different categories of data subjects are processed in the area of police co-operation. Europol should make distinctions between personal data of different categories of data subjects as clear as possible. Personal data of persons such as victims, witnesses, persons possessing relevant information as well as personal data of minors should in particular be protected. Therefore, Europol should not process them unless it is strictly necessary ~~for~~and proportionate for the purpose of preventing and combating crime within its objectives, and if those personal data supplement other personal data already processed by Europol.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Recital 39

(39) Europol should keep records of collection, alteration, access, disclosure, combination or erasure of personal data for the purposes of verification of the lawfulness of the data processing, self- monitoring and ensuring proper data integrity and security. Europol should be obliged to co-operate with the European Data Protection Supervisor and the Joint Supervisory Authority and make the logs or documentation available upon request, so that they can be used for monitoring processing operations.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Recital 41

(41) An independent, sufficiently empowered, transparent, accountable and effective structure for supervision is essential for the protection of individuals with regard to the processing of personal data as required by Article 8 of the Charter of Fundamental Rights and Article 16 of the Treaty on the Functioning of the European Union. National competent authorities for the supervision of the processing of personal data should monitor the lawfulness of the processing of personal data by Member States. The European Data Protection Supervisor should monitor the lawfulness of data processing by Europol exercising its functions with complete independence.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Recital 42

(42) It is important to ensure a strengthened and effective supervision of Europol, while making optimal use of resources and accumulated expertise both at national and Union level. The European Data Protection Supervisor and national supervisory authorities should co-operate with each other on specific issues requiring national involvement and to ensure coherent application of this Regulation throughout the Union. Where necessary, the European Data Protection Supervisor may use the expertise and experience of national data protection authorities in carrying out his duties, including the performance of audits and on-site inspections.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Recital 42

(42) The European Data Protection Supervisor and national supervisory authorities should ~~co-operate with each other on specific issues requiring national involvement and to ensure~~supervise Europol operational data in a coordinated manner to ensure an effective and coherent application of this Regulation throughout the Union.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Recital 43

(43) As Europol is processing also non- operational personal data, not related to any criminal investigations, such as personal data of staff of Europol, services providers or visitors, processing of such data should be subject to Regulation (EC) No 45/2001.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

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

(a) ~~‘the~~ "competent authorities of the Member States’ means all police authorities and other law enforcement services existing in the Member States which are responsible under national law for preventing and combating criminal offences" means agencies or bodies established by legal acts adopted by the Council pursuant to Title VI of the Treaty on European Union, as well as police, customs, judicial and other authorities of the Member States that are authorised by national law to process personal data within the scope of this Regulation;

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

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

(b) ‘analysis’ means the ~~assembly, processing or use of data with the aim of assisting criminal investigation~~meticulous examination of information to discover its specific meaning and particular features;

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

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

(k) ‘recipient’ means a natural or legal person, public authority, agency or any other body to whom data are disclosed, whether a third party or not; ~~however, authorities which may receive data in the framework of a particular inquiry shall not be regarded as recipients;~~

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 3 – paragraph 1

1. Europol shall support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combating particularly serious crime affecting two or more Member States, ~~terrorism and forms of crime which affect a common interest covered by a Union policy, as specified in Annex 1.~~in accordance with Article 88 TFEU;

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

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

(j) to provide the Union bodies established on the basis of Title V of the Treaty and the European Anti-Fraud Office (OLAF) with criminal intelligence and analytical support in the areas that fall under their competence;deleted

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 7 – paragraph 5 – introductory part

5. Member States shall, via their National Unit or awhere direct contact has been allowed, via the designated competent authority of athe Member State, in particular:

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 8 – paragraph 4

4. Liaison officers shall assist in the exchange of information between their Member States and the liaison officers of other Member States in accordance with national law. Europol's infrastructure may be used, in line with national law, for such bilateral exchanges also to cover crimes outside the objectives of Europol. The Management Board shall determine the rights and obligations of liaison officers in relation to Europol. All such exchanges of information shall be in accordance with Union and national law, in particular the Council Framework Decision 2008/977/JHA or Directive 95/46/EC, as applicable. Europol shall process data received under this provision only when it can be considered a lawful recipient under national or Union law.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 14 – paragraph 1 – point d

(d) adopt a consolidated annual activity report on Europol's activities and send it, by 1 July of the following year, to the European Parliament, the Council, the Commission, the European Data Protection Supervisor, the Court of Auditors and national Parliaments. The consolidated annual activity report shall be made public;

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 14 – paragraph 1 – point k

(k) in agreement with the parliamentary scrutiny unit, appoint the Executive Director and Deputy Executive Directors and where relevant extend their term of office or remove them from the office in accordance with Articles 56 and 57;

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 14 – paragraph 1 – point o

(o) ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti-fraud Office (OLAF) and the European Data Protection Supervisor;

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 14 – paragraph 1 – point q a (new)

(qa) appoint a Data Protection Officer, who shall be independent in its functions from the Management Board and shall be responsible for the setting up and managing of the data processing systems;

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 14 – paragraph 1 – point r a (new)

(ra) appoint the Europol Data Protection Officer in accordance with Article 44;

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 15 – paragraph 1

1. The Management Board shall adopt the annual work programme the latest by 30 November each year, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council, the Commission, the European Data Protection Supervisor, and national parliaments.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 15 – paragraph 1

1. The Management Board shall adopt, in agreement with the parliamentary scrutiny unit, the annual work programme the latest by 30 November each year, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission. It shall forward ithe draft work programme to the European Parliament, the Council, the Commission and national parliaments. at least three months prior to adoption.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2

The adopted multi-annual work programme shall be forwarded to the European Parliament, the Council, the Commission, the European Data Protection Supervisor, and national Parliaments.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 23 – paragraph 1 – point c

(c) by private parties in accordance with Article 29(2) and Article 32 and private persons in accordance with Article 33.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 23 – paragraph 1 – point c

(c) by private parties in accordance with Article ~~29(2)~~32 and private persons in accordance with Article 33.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 23 – paragraph 2

2. Europol may directly retrieve and process information, including personal data, from publicly available sources, such as the media, including the internet and public data, where it is strictly necessary and proportionate for the purpose of performing its task, in accordance with the data protection provisions of this Regulation and especially with Article 34.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 23 – paragraph 3

3. Europol may retrieve and process information, including personal data, from information systems, of a ~~national,~~ Union or international nature, including by means of computerised direct access, in so far as authorised by Union, international or national legal instruments and where the necessity and proportionality of such access for the performance of a task falling under Europol's mandate can be demonstrated. The applicable provisions of such Union, international or national legal instruments shall govern the access to and use of that information by Europol insofar as they provide for stricter rules on access and use than those of this Regulation. They shall lay down the objectives of that specific processing, the categories of personal data to be processed, the purposes and means of the processing and the procedure to be followed for the retrieval and further processing of the personal data. The access to such information systems shall be granted only to duly authorised staff of Europol as far as this is strictly necessary and proportionate for the performance of ~~their~~its tasks.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 24 – paragraph 1 a (new)

1a. Personal data may only be processed for the purposes of point (b) of paragraph 1 when their use is strictly necessary and duly justified.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 24 – paragraph 1 b (new)

1b. For each operational analysis case referred to in paragraph 1(c) the following shall apply: (a) a specified purpose shall be defined. Personal data may only be processed where they are relevant for this specific purpose; (b) All cross-matching operations by Europol staff shall be specifically motivated; retrieval of data following a consultation shall be limited to the strict minimum required and specifically motivated; (c) only authorized staff in charge of the purpose for which the data were initially collected may modify that data. Europol shall duly document these operations. The documentation shall be made available to the data protection officer and to the European Data Protection Supervisor for the purposes of verifying lawfulness of the processing operation.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 24 – paragraph 2 a (new)

2a. Where data are processed under Article 24 (1)(c), a case-by-case assessment of the safeguards provided by Article 34 shall be carried out and documented by Europol, taking into account all relevant circumstances.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 25 – paragraph 1

1. A Member State, a Union body, a third country or an international organisation providing information to Europol determines the specific and well defined purpose for which it shall be processed as referred to in Article 24. ~~If it has not done so, Europol shall determine relevance of such information as well as the purpose for which it shall be processed.~~ Europol may process information for a different specific and explicit purpose than the one for which information has been provided only if expressly authorised by the data provider, in accordance with its applicable law.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 25 – paragraph 1

1. A Member State, a Union body, a third country or an international organisation providing information to Europol determines the purpose for which it shall be processed as referred to in Article 24. ~~If it has not done so, Europol shall determine relevance of such information as well as the purpose for which it shall be processed.~~ Europol may process information for a different purpose than the one for which information has been provided only if authorised by the data provider. Such purposes shall be explicit and tailored as narrowly as possible, in accordance with the data protection principles as laid down in Directive 95/46/EC and Council Framework Decision 2008/977/JHA. .

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 25 – paragraph 2

2. Member States, Union bodies, third countries and international organisations may indicate, at the moment of transferring information, any restriction on access or use, in general or specific terms, including as regards erasure or destruction. In setting such restrictions, they shall as much as possible refrain from preventing information being made available to the European Parliament and national parliaments when exercising parliamentary scrutiny in accordance with the provisions laid down in Chapter IX of this Regulation. Where the need for such restrictions becomes apparent after the transfer, they shall inform Europol accordingly. Europol shall comply with such restrictions.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 25 a (new)

Article 25a Data Protection impact assessment 1. Prior to any set of processing of personal data, Europol shall carry out an assessment of the impact of the envisaged processing systems and procedures on the protection of personal data and notify it to the European Data Protection Supervisor. 2. The assessment shall contain at least a general description of the envisaged processing operations, an assessment of the risks to the rights and freedoms of data subjects, the measures envisaged to address those risks, safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate the compliance with the provisions in this Regulation, taking into account the rights and legitimate interests of the data subjects and other persons concerned.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 26 – paragraph 1

1. Member States shall have access to and be able to search all information which has been provided for the purposes of Article 24(1)(a) and (b) to the extent necessary for the legitimate performance of their tasks, without prejudice to the right for Member States, Union bodies and third countries and international organisations to indicate restrictions on access and use of such data. Member States shall designate these competent authorities allowed to perform such a search.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 26 – paragraph 2

2. Member States shall have indirect access on the basis of a hit/no hit system to information provided for the a specific purpose~~s of~~ under Article 24(1)(c), without prejudice to any restrictions indicated by the Member States, Union bodies and third countries or international organisations providing the information, in accordance with Article 25(2). In the case of a hit, Europol shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the Member State ~~that provided the information to Europol~~, Union body, third country or international organisation that provided the information to Europol and to the extent that the data that generated the hit are necessary for the legitimate performance of their tasks.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 26 – paragraph 2 a (new)

2a. Europol shall keep detailed records of all hits in accordance with Article 43.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 27 – paragraph 2

2. Europol shall take all appropriate measures to enable Eurojust and OLAF, within their respective mandates, to have indirect access on the basis of a hit/no hit system to information provided for ~~the~~a specific purposes under Article 24(1)(c), without prejudice to any restrictions indicated by the providing Member States, Union bodies and third countries or international organisations, in accordance with Article 25(2). In case of a hit, Europol shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the Member State, Union body, third country or international organisation that provided the information to Europol.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 29 – paragraph 3

3. Europol may receive and process personal data from entities referred to in paragraph 1 except from private parties, in so far as ~~necessary~~strictly necessary and proportionate for the performance of its tasks and subject to the provisions of this Chapter.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 29 – paragraph 4 – introductory part

4. Without prejudice to Article 36(4), personal data shall only be transferred by Europol to Union bodies, third countries and international organisations, if this is necessary for preventing and combating crime that falls under Europol's ~~objective~~tasks and in accordance with this Chapter and if the recipient gives an undertaking that the data shall be used solely for the purpose for which they were transmitted. If the data to be transferred have been provided by a Member State, Europol shall seek that Member State's prior explicit consent, unless:

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 29 – paragraph 4 – point a

~~(a) the authorisation can be assumed as the Member State has not expressly limited the possibility of onward transfers; or~~deleted

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 29 – paragraph 5

5. Onward transfers of personal data by Member States, Union bodies, third countries and international organizations shall be prohibited unless Europol has given its prior explicit consent and the recipient gives an undertaking that the data shall be used solely for the purpose for which they were transmitted..

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 29 – paragraph 5 a (new)

5a. Europol shall keep detailed records of all transfers of personal data and their grounds.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST, Sophia IN 'T VELD

Proposal for a regulation
Article 29 a (new)

Article 29a Respect of fundamental rights Any information which has been obtained by a third country, international organization or private party in violation of fundamental rights, as enshrined in the EU Charter of Fundamental Rights, shall not be processed.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 30 – paragraph 1

Subject to any possible restrictions stipulated pursuant to Article 25(2) or (3) and without prejudice to Article 27 Europol may directly transfer personal data to Union bodies in so far as it is necessary for the performance of its tasks or those of the recipient Union body.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3

Europol may conclude, after consulting the Independent Joint Supervisory Body, working arrangements to implement such agreements or adequacy decisions.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3 a (new)

The European Data Protection Supervisor shall be consulted in a timely manner before and during the negotiations of an international agreement referred to in point (b).

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3 b (new)

Europol shall make publicly available a regular updated list of international and cooperation agreements it has with third countries and international organisations.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point a

(a) the transfer of the data is absolutely necessary to safeguard the essential interests of one or more Member States within the scope of Europol's ~~objective~~tasks;

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point b

(b) the transfer of the data is absolutely necessary in ~~the interests of~~order to prevent~~ing~~ an imminent ~~danger~~and serious threat to public security of a Member State or a third country, associated with serious crime or terrorist offences;

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point b

(b) the transfer of the data is absolutely necessary in the interests of preventing imminent danger associated with serious crime or terrorist offences;

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point c

(c) the transfer is ~~otherwise~~ necessary or legally required oin ~~important public interest grounds, or~~an individual case for the establishment, exercise or defence of legal claims relating to the prevention, investigation, detection or prosecution of a specific criminal offence; or

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point d a (new)

(da) the transfer is necessary or legally required in an individual case on important public interest grounds, that are recognised in Union or Member State law.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 2

Moreover the Management Board may, in agreement with the European Data Protection Supervisor and the Joint Supervisory Authority, authorise a set of transfers in conformity with points (a) to (d) above, on a case-by-case basis and taking into account of the existence of safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals, for a period not exceeding one year, renewable.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 2

~~Moreover the Management Board may, in agreement with the European Data Protection Supervisor, authorise~~The Executive Director shall in all circumstances consider the data- protection level applicable in the third country in question, taking into account the nature of the data, the purpose for which the data is intended, the duration of the intended processing, the general or specific data-protection provisions applying in that country, and whether or not specific conditions required by Europol concerning the data have been accepted. Derogations may not be applicable to systematic, massive or structural transfers. No transfers shall be authorised where there is a serious risk that as a result of such transfer a data subject may be subjected to torture, inhuman and degrading treatment or any other violation of his or her fundamental rights. The transfer shall be duly documented and the documentation shall be made available to the European Data Protection Supervisor. Moreover the European Data Protection Supervisor may authorise a transfer or a set of transfers in conformity with points (a) to (d a) above, ~~taking into account of the existence of~~adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals, for a period not exceeding one year, renewable.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 31 – paragraph 3

3. The Executive Director shall inform without delay the Management Board and the European Data Protection Supervisor of cases where he/she applied paragraph 2.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Article 31 – paragraph 3

3. The Executive Director shall inform the Management Board ~~and~~, the European Data Protection Supervisor and the Joint Supervisory Authority of cases where ~~he/she~~it applied paragraph 2.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 32 – paragraph 1 – introductory part

1. In so far as necessary for Europol to perform its tasks, Europol may process personal data originating from private parties on condition that ~~are received~~they are not received directly from the private parties but only via:

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 34 – paragraph 1 – point a

(a) processed fairly and lawfully and in a transparent and verifiable manner in relation to the data subject;

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 34 – paragraph 1 – point c

(c) adequate, relevant, and ~~not ex~~limited to the minimum necess~~ive~~ary in relation to the purposes for which they are processed;

2013/10/01
Committee: LIBE

2013/0091(COD)

Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Josef WEIDENHOLZER, Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 34 – paragraph 1 – point d

(d) accurate and~~, where necessary,~~ kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 34 – paragraph 1 – point e a (new)

(ea) processed only by duly authorized staff who needs them for the performance of their task;

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 34 – paragraph 1 – point e b (new)

(eb) processed in a way that effectively allows for the data subject to exercise his/her rights.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 34 – paragraph 1 a (new)

Europol shall make publicly available a document setting out in an intelligible form the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 35 – paragraph 1 – introductory part

1. The source of information originating from a Member State shall be assessed ~~as far as possible~~ by the providing Member State using the following source evaluation codes:

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 35 – paragraph 2 – introductory part

2. Information originating from a Member State shall be assessed ~~as far as possible~~ by the Member State providing information on the basis of its reliability using the following information evaluation codes:

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 35 – paragraph 4

4. Where Europol receives information from a Member State without an assessment, Europol shall ~~attempt as far as possible to~~ assess the reliability of the source or the information on the basis of information already in its possession. The assessment of specific data and information shall take place in agreement with the supplying Member State. A Member State may also agree with Europol in general terms on the assessment of specified types of data and specified sources. If no agreement is reached in a specific case, or no agreement in general terms exists, Europol shall evaluate the information or data and shall attribute to such information or data the evaluation codes (X) and (4), referred to in paragraphs 1 and 2.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 36 – paragraph 1

1. Processing of personal data on victims of a criminal offence, witnesses or other persons who can provide information on criminal offences, or on persons under the age of 18 shall be prohibited unless it is strictly necessary and duly justified for preventing or combating crime that falls under Europol's objectives.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 36 – paragraph 2

2. Processing of personal data, by automated or other means, revealing racial or, ethnic or social origin, political opinions, religion or beliefs, trade-union membership and of data concerning health or sex life shall be prohibited, unless it is strictly necessary and duly justified for preventing or combating crime that falls under Europol's objectives and if those data supplement other personal data already processed by Europol.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Article 36 – paragraph 4

4. No decision which produces legal effects concerning a data subject shall be based solely on automated processing of data referred to in paragraph 2, unless the decision is expressly authorised pursuant to national or Union legislation or, if necessary, by the ~~European Data Protection Supervisor~~Joint Supervisory Authority.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 36 – paragraph 5

5. Personal data referred to in paragraphs 1 and 2 shall not be transmitted to Member States, Union bodies, third countries or international organisations unless strictly necessary and duly justified in individual cases concerning crime that falls under Europol's objectives. Such transmission shall be in accordance with the provisions laid down in Chapter VI of this Regulation.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 36 – paragraph 6

6. Every six months Europol shall provide ~~an overview~~for each purpose statistics ofn all personal data referred to in paragraphs 1 and 2 processed by it to the European Data Protection Supervisor.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Article 36 – paragraph 6

6. Every six months Europol shall ~~provid~~make an overview of all personal data referred to in paragraph 2 processed by it, available at Europol, to the European Data Protection Supervisor and the Joint Supervisory Authority..

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 37 – paragraph 1

1. Personal data processed by Europol shall be stored by Europol only as long as necessary for the ~~achievement of its objectives~~purpose for which data are processed.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 37 – paragraph 1

1. Personal data processed by Europol shall be stored by Europol only as long as strictly necessary for the ~~achievement of its objectives~~purposes for which the data are processed.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 37 – paragraph 6 – point a

(a) this would damage the interests of a data subject who requires protection. In such cases, the data shall be used only with the express and written consent of the data subject.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 38 – paragraph 2 – point g a (new)

(ga) ensure that it is possible to verify and establish what data have been accessed by which member of personnel and at what time (access log);

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Article 38 – paragraph 3 a (new)

3a. Europol shall notify a personal data breach to the data protection officer, to the Data Protection Supervisor and to the Joint Supervisory Authority.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 38 a (new)

Article 38a Data protection by design and by default 1. Europol shall implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of provisions adopted pursuant to this Regulation and ensure the protection of the rights of the data subject. 2. Europol shall implement mechanisms for ensuring that, by default, only those personal data which are necessary for the purposes of the processing are processed.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 38 b (new)

Article 38b Notification of a personal data breach to the European Data Protection Supervisor 1. In the case of a personal data breach, Europol shall notify, without undue delay and, where feasible, not later than 72 hours after having become aware of it, the personal data breach to the European Data Protection Supervisor. Europol shall provide, on request, a reasoned justification in cases where the notification is not made within 72 hours. 2. The notification referred to in paragraph 1 shall at least: (a) describe the nature of the personal data breach including the categories and number of data subjects concerned and the categories and number of data records concerned; (b) recommend measures to mitigate the possible adverse effects of the personal data breach; (c) describe the possible consequences of the personal data breach; (d) describe the measures proposed or taken by the controller to address the personal data breach. 3. Europol shall document any personal data breaches, comprising the facts surrounding the breach, its effects and the remedial action taken, enabling the European Data Protection Supervisor to verify compliance with this Article.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 38 c (new)

Article 38c Communication of a personal data breach to the data subject 1. Where a personal data breach referred to in Article 38a is likely to adversely affect the protection of the personal data or privacy of the data subject, Europol shall, communicate the personal data breach to the data subject without undue delay. 2. The communication to the data subject referred to in paragraph 1 shall describe the nature of the personal data breach and contain the identity and contact details of the data protection officer referred to in Article 44. 3. The communication of a personal data breach to the data subject shall not be required if Europol demonstrates to the satisfaction of the European Data Protection Supervisor that it has implemented appropriate technological protection measures, and that those measures were applied to the personal data concerned by the personal data breach. Such technological protection measures shall render the data unintelligible to any person who is not authorised to access it. 4. The communication to the data subject may be delayed, restricted or omitted where it is necessary and proportionate measure with due regard for the legitimate interests of the person concerned: (a) to avoid obstructing official or legal inquiries, investigations or procedures; (b) to avoid prejudicing the prevention, detection, investigation and prosecution of criminal offences or for the execution of criminal penalties; (c) to protect public and national security; (d) protect the rights and freedoms of third parties.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 39 – paragraph 1 – introductory part

1. Any data subject shall have the right, at reasonable intervals, to obtain information on whether personal data relating to him/her are processed by Europol. Where such personal data are being processed, Europol shall provide at least the following information to the data subject:

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 39 – paragraph 1 – point a a (new)

(aa) existence of the right to request from Europol rectification, erasure or restriction of processing of personal data;

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 39 – paragraph 1 – point b

(b) information at least as to the purposes of the processing operation, the categories of data concerned, the period for which the data will be stored, and the recipients to whom the data are disclosed;

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 39 – paragraph 2

2. Any data subject wishing to exercise the right of access to personal data may make a request to that effect ~~without excessive costs~~free of charge to the authority appointed for this purpose in the Member State of his/her choice. That authority shall refer the request to Europol without delay and in any case within one month of receipt.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 39 – paragraph 3

3. Europol shall answer the request without undue delay and in any case within three months of ~~its~~the receipt of the request from the national authority.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 39 – paragraph 5 – point b

(b) protect ~~security and~~ public order in the Member States or to prevent serious crime;

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 40 – paragraph 4

4. If data as described in paragraphs 1, 2 and 3 held by Europol have been provided to it by third countries, international organisations, or are the results of Europol's own analyses, Europol shall rectify, erase or block such data and inform, where relevant, the originators of the data.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 40 – paragraph 9 a (new)

9a. If the accuracy of an item of personal data is contested by the data subject and this accuracy cannot be ascertained, referencing of that item of data may not take place.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 41 – paragraph 2

2. The responsibility for the quality of personal data as referred to in Article 34(d) shall lie with the Member State which provided the personal data to Europol and with Europol for personal data provided by Union bodies, third countries or international organisations, as well for personal data retrieved by Europol from publicly-available sources. Union bodies shall be responsible for the quality of the data until and including the moment of the transfer.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 41 – paragraph 4 – introductory part

4. The responsibility for the compliance with all applicable data protection requirements, including the legality of transfer, shall lie:

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 41 – paragraph 5

5. In case of a transfer between Europol and a Union body, the responsibility for the legality of the transfer shall lie with Europol. Without prejudice to the preceding sentence, where the data are transferred by Europol following a request from the recipient, both Europol and recipient shall bear the responsibility for the legality of this transfer. In addition, Europol shall be responsible for all data processing operations carried out by it. Europol shall verify the competence of the recipient and evaluate the necessity for the transfer of the data. If doubts arise as to this necessity, Europol shall seek further information from the recipient. The recipient shall ensure that the need for the transfer of the data can be verified. The recipient shall process the personal data only for the purposes for which they were transmitted.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 42 – paragraph 1 – introductory part

1. ~~The~~Any new set of processing of personal data ~~which will form part of a new filing system to be created~~ shall be subject to prior checking where:

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Article 42 – paragraph 2

2. The prior checks shall be carried out by the European Data Protection Supervisor and the Joint Supervisory Authority following receipt of a notification from the Data Protection Officer who, in case of doubt as to the need for prior checking, shall consult the European Data Protection Supervisor and the Joint Supervisory Authority.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Article 42 – paragraph 3 – subparagraph 1

The Joint Supervisory Authority and the European Data Protection Supervisor shall deliver ~~his/her~~its opinion within two months following receipt of the notification. This period may be suspended until the ~~European Data Protection Supervisor~~Supervisory Authorities hasve obtained any further information that ~~he/she~~it may have requested. When the complexity of the matter so requires, this period may also be extended for a further two months, by decision of the ~~European Data Protection Supervisor~~Supervisory Authorities. This decision shall be notified to Europol prior to expiry of the initial two-month period.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Article 42 – paragraph 4

4. The European Data Protection Supervisor and the Joint Supervisory Authority shall keep a register of all processing operations have been notified to ~~him/her~~it pursuant to paragraph 1. Such a register shall be integrated into the register referred to in Article 27(5) of Regulation (EC) No 45/2001.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 43 – paragraph 1

1. For the purposes of verifying the lawfulness of data processing, self- monitoring and ensuring proper data integrity and security Europol shall keep records of collection, alteration, access, retrieval, disclosure, combination or erasure of personal data. Such logs or documentation shall be deleted after three years, unless the data are further required for on-going control. There shall be no possibility to modify the logs.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Article 43 – paragraph 2

2. Logs or documentation prepared under paragraph 1 shall be communicated on request to the European Data Protection Supervisor and the Joint Supervisory Authority for the control of data protection. The ~~European Data Protection Supervisor~~Supervisory Authorities shall use that information only for the control of data protection and ensuring proper data processing as well as data integrity and security.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Article 44 – paragraph 7 – point e

(e) cooperating with the European Data Protection Supervisor; and the Joint Supervisory Authority.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Article 44 – paragraph 7 – point f

(f) preparing an annual report and communicating that report to the Management Board ~~and~~, to the European Data Protection Supervisor and the Joint Supervisory Authority.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 44 – paragraph 7 – point f a (new)

(fa) keeping a register of all processing operations carried out by Europol, including, where relevant, information regarding the purpose, data categories, recipients, time limits for blocking and erasure, transfers to third countries or international organisations and security measures;

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 44 – paragraph 7 – point f b (new)

(fb) keeping a register of incidents and security breaches affecting operational or administrative personal data;

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Article 44 – paragraph 10

10. If the Data Protection Officer considers that the provisions of this Regulation concerning the processing of personal data have not been complied with, he/she shall inform the Executive Director, requiring him/her to resolve the non-compliance within a specified time. If the Executive Director does not resolve the non- compliance of the processing within the time specified, the Data Protection Officer shall inform the Management Board and they shall agree a specified time for a response. If the Management Board does not resolve the non-compliance of the processing within the time specified, the Data Protection Officer shall refer the matter to the European Data Protection Supervisor or the Joint Supervisory Authority, according to their respective competences.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Article 45 – title

Supervision ~~by the~~at national ~~supervisory authority~~level

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Tanja FAJON

Proposal for a regulation
Article 45 – paragraph 3

3. National supervisory authorities shall, in accordance with the relevant national procedures, supervise the activities of National Units and the activities of liaison officers, in so far as such activities are of relevance to the protection of personal data. They shall also keep the European Data Protection Supervisor and the Joint Supervisory Authority informed of any actions they take with respect to Europol.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – title

Supervision ~~by the European Data Protection Supervisor~~on operational data

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 1

1. The European Data Protection Supervisor shall be responsible for monitoring and ensuring the application of the provisions of this Regulation relating to the protection of fundamental rights and freedoms of natural persons with regard to processing personal data by Europol, and for advising Europol and data subjsupervision of Europol operational personal data processing, without prejudice to the competences provided by Article 48, shall be performed by a Joint Supervisory Authority, composed by the European Data Protects ion ~~all matters concerning the processing of personal data. To this end, he/ she shall fulfil the duties set out in paragraph 2 and shall exercise the powers granted in paragraph 3.~~Supervisor and one representative from each national supervisory authority pursuant to Article 45

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 1 a (new)

1a. The Joint Supervisory Authority shall be responsible for monitoring and ensuring the application of the provisions of this Regulation relating to the protection of fundamental rights and freedoms of natural persons with regard to processing of personal data by Europol, and for advising Europol and data subjects on all matters concerning the processing of personal data. To this end, it shall fulfil the duties set out in paragraph 2 and shall exercise the powers granted in paragraph 3 and 4.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 2 – introductory part

2. The ~~European Data Protection Supervisor~~Joint Supervisory Authority shall have the following duties under this Regulation:

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 2 – point a

(a) ~~hear and investigate complaints, and inform the data subject of the outcome within a reasonable period~~assist the European Data Protection Supervisor in the investigation of complaints;

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 2 – point b

(b) conduct inquiries either on ~~his/her~~its own initiative or on the basis of a complaint, and inform the data subjects of the outcome within a reasonable period;

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 2 – point d

(d) advise Europol, either on ~~his/her~~its own initiative or in response to a consultation, on all matters concerning the processing of personal data, in particular before they draw up internal rules relating to the protection of fundamental rights and freedoms with regard to the processing of personal data;

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 2 – point f

(f) keep a register of processing operations notified to ~~him/her~~it by virtue of Article 42(1) and registered in accordance with 42(4),

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 2 – point g

(g) carry out a prior check of processing notified to ~~him/her~~it.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 3 – introductory part

3. The ~~European Data Protection Supervisor~~Joint Supervisory Authority may under this Regulation:

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 3 – point h

~~(h) refer the matter to the Court of Justice of the European Union under the conditions provided for in the Treaty;~~deleted

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 3 – point i

~~(i) intervene in actions brought before the Court of Justice of the European Union.~~deleted

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 4 – introductory part

4. The ~~European Data Protection Supervisor~~Joint Supervisory Authority shall have the power:

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 4 – point a

(a) to obtain from Europol access to all personal data and to all information necessary for ~~his/her~~its enquiries;

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 4 a (new)

4a. Where appropriate, the European Data Protection Supervisor either on his/her own initiative or on request of the Joint Supervisory Authority may under this Regulation refer the matter to the Court of Justice of the European Union under the conditions provided for in the Treaty. The European Data Protection Supervisor may also intervene in actions brought before the Court of Justice of the European Union.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 4 b (new)

4b. The Joint Supervisory Authority may also examine difficulties of interpretation in the application of this Regulation, study problems relating to the exercise of independent supervision or the exercise of the rights of the data subjects, draw up harmonised proposals for joint solutions for any problems and promote awareness of data protection rights.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 46 – paragraph 5

5. The European Data Protection Supervisor shall draw up an annual report on the supervisory activities on Europol. This report shall ~~be part of the annual report of the European Data Protection Supervisor referred to in Article 48 of Regulation (EC) No 45/2001.~~ include information and statistics regarding complaints, inquiries, investigations, the processing of sensitive information, transfers of personal data to third countries and international organisations, prior checking and the use of the powers referred to in paragraph 3. This report shall be sent to the European Parliament, the Council, the Commission and the national data protection authorities. On the basis of this report, the European Parliament and the Council may request the European Data Protection Supervisor to undertake additional action to ensure the application of the provisions of this Regulation.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 5

5. The ~~European Data Protection Supervisor~~Joint Supervisory Authority shall draw up an annual report on the supervisory activities on Europol~~. This report shall be part of the annual report of the European Data Protection Supervisor referred to in Article 48 of Regulation (EC) No 45/2001~~ to be presented to the European Parliament, to the Council, to the European Commission and to national parliaments..

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 46 – paragraph 6

6. Members of the Joint Supervisory Authority and Members and staff of the European Data Protection Supervisor shall be bound by the obligation of confidentiality in accordance with Article 69.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 46 – paragraph 6 a (new)

6a. The European Data Protection Supervisor may use the expertise and experience of national data protection authorities in carrying out his duties. In carrying out activities on behalf of the European Data Protection Supervisor, members and staff of national data protection authorities shall have the powers laid down in paragraph 4 and be bound by the obligation laid down in paragraph 6.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 47 – title

~~Cooperation between the European Data Protection Supervisor and national data protection authoritie~~Organisation and Costs

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 47 – paragraph 1

1. The ~~European Data Protection Supervisor shall act in close cooperation with national s~~Joint Supervisory aAuthorities on specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national supervisory authority finds major discrepancies between the practices of Member States or potentially unlawful transfer in the use of Europol's channels for exchange of information, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulationy shall meet where needed. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed as necessary.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 47 – paragraph 2

2. ~~In t~~The c~~ase~~osts re~~ferr~~lated to ~~in paragraph 1, the European Data Protection Supervisor and the national s~~all the supervising activities of the Joint Supervisory aAuthorit~~ies~~y shall, each acting within the scope of their respective competences, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties of interpretation or application of this Regulation, study problems relating to the exercise of independent supervision or the exercise of the rights of data subjects, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary be borne by the European Data Protection Supervisor, who shall also provide for the Secretariat services.

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 47 – paragraph 3

3. The national supervisory authorities and the European Data Protection Supervisor shall meet, where needed. The costs and servicing of such meetings shall be borne by the European Data Protection Supervisor. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary.deleted

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 48 – title

Administrative personal data ~~and Staff data~~

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 48 – title

Supervision on Administrative personal data and Staff data

2013/10/01
Committee: LIBE

2013/0091(COD)

Carlos COELHO, Rui TAVARES, Sophia IN 'T VELD, Tanja FAJON

Proposal for a regulation
Article 48 – paragraph 1

The European Data Protection Supervisor shall have exclusive competence on this area. Regulation (EC) No 45/2001 shall apply to all personal data of Europol staff members as well as administrative personal data held by Europol.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 49 – paragraph 3

3. Where a complaint relates to the processing of data provided by a Member State to Europol, the European Data Protection Supervisor ~~shall ensure that the necessary checks have been carried out correctly~~, in close cooperation with the national supervisory body of the Member State that provided the data, shall ensure that the data processing in the Member State concerned was lawful and that the necessary checks have been carried out correctly.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 49 – paragraph 4

4. Where a complaint relates to the processing of data provided to Europol by EU entities, third countries or international organisations or to data retrieved by Europol from public available sources, the European Data Protection Supervisor shall ensure that Europol has carried out ~~the necessary checks~~his duties set out in the provisions of this Regulation in a satisfactory manner.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 53 – paragraph 1 a (new)

1a. The European Parliament and national parliaments shall consider inviting parliamentarians of Iceland, Liechtenstein, Norway and Switzerland as observers to inter-parliamentary meetings where the scrutiny of Europol activities takes place and developing other modes of cooperation with these parliaments.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 53 – paragraph 2

2. ~~Parliamentary scrutiny by~~The European Data Protection Supervisor and the national supervisory authorities shall appear before the European Parliament, ~~together~~jointly with national Parliaments, ~~of Europol's activities shall be exercised in accordance with this Regulation~~at their request and at least once per year to discuss matters relating to the protection of fundamental rights and freedoms of natural persons with regard to processing personal data by Europol, taking into account the obligations of discretion and confidentiality.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 54 – paragraph 1

1. For the purpose of enabling it to exercise parliamentary scrutiny of Europol's activities in accordance with Article 53, access to European Union Classified Information and sensitive non-classified information processed by or through Europol ~~may~~shall be granted to the European Parliament and its representatives upon request and, where relevant, after the consent of the data provider.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 54 – paragraph 2

2. Access to European Union Classified Information and sensitive non-classified information shall be in compliance with the basic principles and minimum standards as referred to in Article 69 and with the rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission. The details shall be governed by a working arrangement concluded between Europol and the European Parliament.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 54 a (new)

Article 54a Parliamentary scrutiny unit 1. A parliamentary scrutiny unit shall be established within the European Parliament. 2. The parliamentary scrutiny unit shall consist of the members of the committee of the European Parliament responsible for the establishment of an area of freedom, security and justice, of one representative of each national parliament and of the chairperson of the Independent Joint Supervisory Body. 3. When taking decisions, only Members of the European Parliament shall have a right to vote, while members of national parliaments shall be consulted. 4. The parliamentary scrutiny unit shall monitor the application of the provisions of this Regulation, in particular in relation to their impact on the fundamental rights and freedoms of natural persons. 5. To this end, the parliamentary scrutiny unit shall have the following duties: (a) conduct inquiries either on its own initiative or on the basis of a complaint, and report to the European Parliament and the public of the outcome within a reasonable period; (b) consent to the annual work programme in accordance with Article 15; (c) consent to the appointment of the Executive Director; (d) decide on extension of the term of office of the Executive Director; (e) decide on the removal of the Executive Director. 6. Further to the powers of the European Parliament laid down in this Regulation, the scrutiny unit may under this Regulation: (a) in the event of an alleged breach of the provisions of this Regulation, and where appropriate, make proposals for remedying that breach and for improving the protection of fundamental rights and freedoms; (b) warn or admonish Europol; (c) impose a temporary or definitive ban on measures; (d) refer the matter to the Court of Justice of the European Union under the conditions provided for in the Treaty; (e) intervene in actions brought before the Court of Justice of the European Union. 7. The Parliamentary scrutiny unit shall have the power: (a) to obtain from Europol access to all information necessary for the fulfilment of its tasks; (b) to obtain access to any premises in which Europol carries on its activities when there are reasonable grounds for presuming that an activity covered by this Regulation is being carried out there. The parliamentary scrutiny unit shall draw up an annual report to the European Parliament on the supervisory activities on Europol. Members and staff of the scrutiny unit shall be bound by the obligation of confidentiality in accordance with Article 69.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1

The Executive Director shall be appointed by the Management Board, in agreement with the parliamentary scrutiny unit, from a list of candidates proposed by the Commission, following an open and transparent selection procedure.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 3

Before appointment, the candidate selected by the Management Board may be invited to make a statement before the competent committee of the European Parliament and the parliamentary scrutiny unit and to answer questions put by its members.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 56 – paragraph 4

4. The Management Board, in agreement with the parliamentary scrutiny unit and acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 3, may extend the term of office of the Executive Director once, for no more than five years.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES

Proposal for a regulation
Article 56 – paragraph 7

7. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission or the European Parliament.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 56 – paragraph 7

7. The Executive Director may be removed from office only upon a decision of the parliamentary scrutiny unit or of the Management Board acting on a proposal from the Commission.

2013/10/01
Committee: LIBE

2013/0091(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation
Article 73 a (new)

Article 73a Transitional arrangements concerning cooperation agreements The Commission shall, within 12 months after the entry into force of this Regulation, review the cooperation agreements concluded between Europol and third countries or international organisations prior to the date of application of this Regulation and, if appropriate, propose amendments to align them with the provisions of this Regulation. If, after 12 months after the proposal of the amendments, a cooperation agreement has not been amended accordingly, it shall be terminated.

2013/10/01
Committee: LIBE

2013/0091(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Annex 1 – indent 6

~~– illegal immigrant smuggling,~~deleted

2013/10/01
Committee: LIBE

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Recital 1

(1) Massive flows of ~~dirty~~illicit money ~~can~~ damage the stability and reputation of the financial sector and threaten the single market as well as international development, and terrorism shakes the very foundations of our society. Crucial facilitators of illicit money flows are secretive corporate structures operating in and through secrecy jurisdiction, often also referred to as tax havens. In addition to the criminal law approach, a preventive effort via the financial system can produce results.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Recital 10

(10) There is a need to identify any natural person who exercises ownership or control over a legal person. While finding a percentage shareholding will not automatically result in finding the beneficial owner, it ~~is an evidential factor to be taken into account~~can be an aide to the identification of the beneficial owner. Identification and verification of beneficial owners should, where relevant, extend to legal entities that own other legal entities, and should follow the chain of ownership until the natural person who exercises ownership or control of the legal person that is the customer is found.

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Recital 11

(11) The need for accurate and up-to-date information on the beneficial owner of legal persons, trusts, foundations, holdings and all other similar existing or future legal arrangements is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure. Member States should therefore ensure that companies retain information on their beneficial ownership and ~~make~~ensure that this information ~~available to competent authorities and obliged entities~~is made publically available in form of a public registry. In addition, trustees should declare their status to obliged entities.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Recital 15

(15) Underpinning the risk-based approach is a need for ~~Member States~~the EU to identify, understand and mitigate the money laundering and terrorist financing risks it faces. The importance of a supra-national approach to risk identification has been recognised at international level, and the European Supervisory Authority (European Banking Authority) (hereinafter ‘EBA’), established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC29 ; the European Supervisory Authority (European Insurance and Occupational Pensions Authority) (hereinafter ‘EIOPA’), established by Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC30 ; and the European Supervisory Authority (European Securities and Markets Authority) (hereinafter ‘ESMA’), established by Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC31 , should be tasked with issuing an opinion on the risks affecting the financial sector.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Recital 17

(17) In order to better understand and mitigate risks at European Union level, ~~Member States~~the Commission should share the results of their risk assessments with ~~each other, the Commission and~~ EBA, EIOPA and ESMA, where appropriate.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Recital 21

(21) This is particularly true of business or beneficial relationships with individuals holding including but not limited to foundations and trusts, or having held, important public positions, particularly those from countries where corruption is widespread, within the Union and internationally. Such relationships may expose the financial sector in particular to significant reputational and legal risks. The international effort to combat corruption also justifies the need to pay special attention to such cases and to apply appropriate enhanced customer due diligence measures in respect of persons who hold or have held prominent functions domestically or abroad and senior figures in international organisations.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Recital 29

(29) There have been a number of cases of ~~employe~~whistleblowers, employees and representatives who report their suspicions of money laundering being subjected to threats or hostile action. Although this Directive cannot interfere with Member States' judicial procedures, this is a crucial issue for the effectiveness of the anti- money laundering and anti-terrorist financing system. Member States should be aware of this problem and should do whatever they can to protect ~~employe~~whistleblowers, employees and representatives from such threats or hostile action.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Recital 31

(31) Certain aspects of the implementation of this Directive involve the collection, analysis, storage and sharing of data. The processing of personal data should be permitted in order to comply with the obligations laid down in this Directive, including carrying out of customer due diligence, ongoing monitoring, investigation and reporting of unusual and suspicious transactions, identification of the beneficial owner of a legal person or legal arrangement, sharing of information by competent authorities and sharing of information by financial institutions. The personal data collected should be limited to what is ~~strictly~~ necessary for the purpose of complying with the requirements of this Directive and not further processed in a way inconsistent with Directive 95/46/EC. In particular, further processing of personal data for commercial purposes should be strictly prohibited.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Recital 37

(37) Feedback should, where practicable, be made available to obliged entities on the usefulness and follow-up of the suspicious transactions reports they present. To make this possible, and to be able to review the effectiveness of their systems to combat money laundering and terrorist financing Member States should keep and improve the relevant statistics. To further enhance the quality and consistency of the statistical data collected at Union level, the Commission should keep track of the EU- wide situation with respect to the fight against money laundering and terrorist financing and publish regular overviews. Particularly the Commission should keep track of the use and involvement of 200 and 500 EUR notes in money laundering and terrorist financing. The Commission should assess the relevance of these notes for on the one hand money supply of the real economy and for on the other hand illicit activities. The assessment has to be carried out within 2 years from the date of entry into force of this directive.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Recital 37 a (new)

(37a) To be able to review the effectiveness of their systems to combat money laundering and terrorist financing, Member States should keep and improve the relevant statistics. To further enhance the quality and consistency of the statistical data collected at Union level, the Commission should keep track of the EU-wide situation with respect to the fight against money laundering and terrorist financing and publish regular overviews.

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)

(2a) the European Investment Bank

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 2 – paragraph 1 – point 2 b (new)

(2b) The European Bank for Reconstruction and Development

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 2 – paragraph 1 – point 2 c (new)

(2c) Central Banks of the Member States when performing or facilitating commercial or private transactions

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 2 – paragraph 1 – point 2 d (new)

(2d) Central Settlement Systems

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b – point v

(v) creation, operation or management of trusts, foundations, companies or similar structures;

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point f a (new)

(fa) Member States shall prohibit cash transfers exceeding 10000 Euros, whether the transaction is carried out in a single operation or in several operations which appear to be linked

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 3 – paragraph 1 – point 2 a (new)

(2a) "Central Settlement system" means a settlement system as defined in Directive 98/26/EC on settlement finality in payment and securities settlement systems

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1

A percentage of 2510% plus one share shall be evidence of ownership or control through shareholding and applies to every level of direct and indirect ownership;

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 3 – paragraph 1 – point 5 – point b – point i

(i) the natural person(s) who exercises control over 2510% or more of the property of a legal arrangement or entity; and

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 3 – paragraph 1 – point 5 – point b – point ii

(ii) where the future beneficiaries have already been determined, the natural person(s) who is the beneficiary of 2510% or more of the property of a legal arrangement or entity; or

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. The European Investment Bank and the European Bank for Reconstruction and Development shall adopt and publish on their website an anti-money laundering policy, containing detailed procedures that give effect to provisions under this Directive

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 5 a (new)

Article 5a Equivalence 1. The Commission shall by means of delegated acts in accordance with Article 58a adopt decisions on the recognition of the legal and supervisory framework of jurisdictions outside the Union as compliant with minimum standards of good governance in tax matters as defined by Commission Recommendation C(2012) 8805 and equivalent to the minimum requirements of this Directive. 2. As of January 2018, corporate or legal entities, including trusts, foundations, holdings and all other similar, in terms of structure or function, existing or future legal arrangements, established, or governed under the law of, jurisdictions outside the Union not deemed compliant and equivalent, shall be prohibited from operating within the Union.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 6 a (new)

Article 6a 1. The Commission shall ensure that national AML/CFT legislations of the Member States adopted on the basis of the present directive are effectively consistent with the European [legal] framework and implemented. 2. For the application of paragraph 1, the Commission will be assisted by the [Committee on the Prevention of Money Laundering and Terrorism Financing], and, where applicable, by the European Supervisory Authorities and other European competent authorities. 3. Evaluations of national AML/CTF legislations intended at paragraph 1 are made without prejudice of those conducted by the Financial Action Task Force or the FATF Style Regional Bodies.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

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

1a. The Member States shall endorse in their national AML/TF regimes all the lists of countries published by FATF which are directly applicable in national law. 1b. The Member States shall be able to apply appropriate countermeasures when called upon to do so by the FATF. Such countermeasures have to be effective and proportionate to the risks and include at least one of the measures set out in Annex [IV]. 1c. The Member States shall require from their financial institutions to apply enhanced due diligence measures with natural and legal persons, and financial institutions from the abovementioned countries in paragraph 1. The type of enhanced due diligence measures applied should be effective and proportionate to the risks and include one of the measures set out in Annex [V] 1d. The Member States are free to implement the requirements stated in paragraph 2 and 3 of this article even in absence of any call by FATF to do so towards third countries. In such case, Member States concerned shall inform the ESAs and the Commission of the identity of that third country, and the nature of countermeasure(s) taken. In those cases, the actions taken by Member States should be considered as of public order. 1e. The Committee on the Prevention of Money Laundering and Terrorist Financing shall ensure a minimum level of coordination of the actions taken by Member States on the enhanced due diligence measures and countermeasures they adopt towards countries mentioned at paragraph 1.

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

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

The European Banking Authority (hereinafter ‘EBA’), European Insurance and Occupational Pensions Authority (hereinafter ‘EIOPA’) and European Securities and Markets Authority (hereinafter ‘ESMA’) shall provide a joint opinion on the money laundering and terrorist financing risks affecting the internal marketAfter a public consultation the Commission shall take the necessary steps to identify, assess and understand the money laundering and terrorist financing risks affecting the internal market, with specific reference to cross-border phenomena in cooperation with Europol, the Committee of European FIUs, EBA, EIOPA, ESMA and other relevant authorities.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Recital 11

(11) The need for accurate and up-to-date information on the beneficial owner of legal persons, trusts, foundations, holdings and all other similar existing or future legal arrangements is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure. Member States should therefore ensure that companies retain information on their beneficial ownership and ~~make~~ensure that this information ~~available to competent authorities and obliged entiti~~is made publically available in form of a public registry, in line with Union data protection rules. In addition, trustees should declare their status to obliged entities.

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. The Commission shall ~~make the opinion available to assist Member States and obliged entities to identify, manage and mitigate the risk of money laundering and terrorist financing.~~ : - keep the assessment up to date, - make the results of its risk assessment publicly available to Member States and obliged entities to identify, manage and mitigate the risk of money laundering and terrorist financing, and to allow other stakeholders including legislators to better understand the financial risks, - make appropriate information available to obliged entities to carry out their own money laundering and terrorist financing risk assessments. The Commission shall be assisted by the Committee on the Prevention of Money Laundering and Terrorist Financing, hereinafter referred to as 'the Committee'. The Committee shall be a committee within the meaning of Regulation EU 182/2011. Where high risks are identified at European level by the Commission, the Member States AML/CFT regimes shall address these high risks. Without prejudice to any other measures taken at national level by Member States to manage and mitigate these risks, the Commission could prescribe to Member States to take enhanced due diligence to manage and mitigate risks. Member States shall ensure that financial institutions and Designated Non- Financial Businesses and Professions take into account these enhanced due diligence measures to carry out and manage their own money laundering and terrorist financing risk assessments. For the application of the above sub paragraph, the Commission shall ensure that Member States have effectively taken into account its risk assessment in their national AML/FT legislation.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 7 – paragraph 2

2. Each Member State shall designate an authority to co-ordinate the national response to the risks referred to in paragraph 1. The identity of that authority shall be notified to the Commission, EBA, EIOPA ~~and~~, ESMA, the Committee and other Member States.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 7 – paragraph 2 a (new)

2a. The competent authorities shall ensure: (a) the effectiveness and appropriateness of official controls on the implementation of the rules laid down in the directive; (b) that staff carrying out official controls are free from any conflict of interest; (c) that they have, or have access to, a sufficient number of suitably qualified and experienced staff so that official controls and control duties can be carried out efficiently and effectively; (d) that they have appropriate and properly maintained facilities and equipment to ensure that staff can perform official controls efficiently and effectively; (e) that they have the legal powers to carry out official controls and to take the measures provided for in this Directive;

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Recital 12 a (new)

(12a) The representatives of the EU in the governing bodies of the EBRD should encourage the EBRD to implement the provisions of this directive and to publish on their website an anti-money laundering policy, containing detailed procedures that would give effect to the provisions under this Directive

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 7 – paragraph 2 b (new)

2b. When a Member State confers the competence to carry out official controls on an authority or authorities other than a central competent authority, in particular those at regional or local level, efficient and effective coordination shall be ensured between all the competent authorities involved.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 7 – paragraph 2 c (new)

2c. Competent authorities shall ensure the impartiality, quality and consistency of official controls at all levels. The criteria listed in paragraph 2b must be fully respected by every authority on which the competence to carry out official controls is conferred.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 7 – paragraph 2 d (new)

2d. When, within a competent authority, more than one unit is competent to carry out official controls, efficient and effective coordination and cooperation shall be ensured between the different units.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 7 – paragraph 2 e (new)

2e. Competent authorities shall carry out internal audits or may have external audits carried out, and shall take appropriate measures in the light of their results, to ensure that they are achieving the objectives of this Directive. These audits shall be subject to independent scrutiny and shall be carried out in a transparent manner.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 7 – paragraph 2 f (new)

2f. The Commission shall coordinate without delay the action undertaken by Member States when it, further to information received from Member States or from other sources, becomes aware of activities that are, or appear to be, contrary to feed or food law and are of particular interest at Community level, and in particular when: (a) such activities have, or might have, ramifications in several Member States; (b) it appears that similar activities have been carried out in several Member States; or (c) Member States are unable to agree on appropriate action to address non- compliance. When official controls at destination show repeated non-compliance, the competent authority of the Member State of destination shall inform the Commission and the competent authorities of the other Member States without delay. The Commission may: (a) in collaboration with the Member State concerned, send an inspection team to carry out an official control on-the- spot; (b) request that the competent authority of the Member State of dispatch intensify relevant official controls and report on the action and measures taken. Where the measures provided for in paragraphs 2 and 3 are taken to deal with repeated non-compliance, the competent authority shall charge any expenses arising from such measures to the business in question.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 7 – paragraph 2 g (new)

2g. Commission experts shall carry out general and specific audits in Member States. The Commission may appoint experts from Member States to assist its own experts. General and specific audits shall be organised in cooperation with Member States' competent authorities. Audits shall be carried out on a regular basis. In order to facilitate the efficiency and effectiveness of the audits, the Commission may, in advance of carrying out such audits, request that the Member States provide, as soon as possible, up-to- date copies of national control plans. The Commission shall report on the findings of each control carried out. Its report shall, if appropriate, contain recommendations for Member States on the improvement of anti money laundering and terrorist financing rules. The Commission shall make its reports publicly available. In the case of reports on controls carried out in a Member State, the Commission shall provide the relevant competent authority with a draft report for comments, take those comments into consideration in preparing the final report and publish the competent authority's comments together with the final report. The Commission shall establish an annual control programme, communicate it to Member States in advance, and report on its results. The Commission may amend the programme to take account of developments in the fields of feed and food safety, animal health, animal welfare and plant health. Member States shall: (a) take appropriate follow-up action in the light of the recommendations resulting from Community controls; (b) give all necessary assistance and provide all documentation and other technical support that Commission experts request to enable them to carry out controls efficiently and effectively; (c) ensure that Commission experts have access to all premises or parts of premises and to information, including computing systems, relevant to the execution of their duties.

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 9 – paragraph 1

Member States shall prohibit their credit and financial institutions from keeping anonymous accounts, issuing e-money without identifying the e-money holder and verifying the e-money holder or anonymous passbooks. Member States shall in all cases require that the owners and beneficiaries of existing anonymous accounts or anonymous passbooks be made the subject of customer due diligence measures as soon as possible and in any event before such accounts or passbooks are used in any way.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Recital 21

(21) This is particularly true of business relationships with individuals holding, or having held, important public positions, particularly those from countries where corruption is widespread, within the Union and internationally. Such relationships may expose the financial sector in particular to significant reputational and legal risks. The international effort to combat corruption also justifies the need to pay special attention to such cases and to apply appropriate enhanced customer due diligence measures in respect of persons who hold or have held prominent functions domestically or abroad and senior figures in international organisations.

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 11 – paragraph 1 – point b

(b) ~~identifying~~Further to the identification of the beneficial owners ands listed in the public registry pursuant to article 29, taking reasonable measures to verify his or her identity so that the institution or person covered by this Directive is fully satisfied that it knows who the beneficial owner is, including, as regards legal persons, trusts ~~and similar~~, foundations, holdings and all other similar existing or future legal arrangements, taking ~~reasonable~~all necessary measures to understand the ownership and control structure of the customer;

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Recital 29

(29) There have been a number of cases of ~~employee~~whistleblowing, with employees or others who report their suspicions of money laundering being subjected to threats or hostile action. Although this Directive cannot interfere with Member States' judicial procedures, this is a crucial issue for the effectiveness of the anti- money laundering and anti-terrorist financing system. Member States should be aware of this problem and should do whatever they can to encourage whistleblowing while protecting employees and others from such threats or hostile action.

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 12 – paragraph 2

2. By way of derogation from paragraph 1, Member States may, after informing the Commission, allow the verification of the identity of the customer and the beneficial owner to be completed during the establishment of a business relationship if this is necessary not to interrupt the normal conduct of business and where there is little risk of money laundering or terrorist financing occurring. In such situations these procedures shall be completed as soon as practicable after the initial contact.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Recital 37

(37) Feedback should, where practicable, be made available to obliged entities on the usefulness and follow-up of the suspicious transactions reports they present. To make this possible, and to be able to review the effectiveness of their systems to combat money laundering and terrorist financing Member States should keep and improve the relevant statistics. To further enhance the quality and consistency of the statistical data collected at Union level, the Commission should keep track of the EU- wide situation with respect to the fight against money laundering and terrorist financing and publish regular overviews. In particular, the Commission should keep track of the use and involvement of 200 and 500 EUR notes in money laundering and terrorist financing. The Commission should assess the relevance of these notes for, on the one hand, money supply of the real economy and for, on the other hand, illicit activities. The assessment should be carried out within 2 years from the date of entry into force of this Directive.

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 16 – paragraph 2

2. Member States shall require obliged entities to examine~~, as far as reasonably possible,~~ the background and purpose of all complex, unusual large transactions, and all unusual patterns of transactions, which have no apparent economic or lawful purpose, or which constitute tax crimes amounting to criminal activity within the meaning of Article 3(4)(f), or which are constitutive of aggressive tax planning as defined by Commission recommendation C(2012) 8806. In particular, they shall increase the degree and nature of monitoring of the business relationship, in order to determine whether those transactions or activities appear unusual or suspicious. In case an obliged entity determines such unusual or suspicious transaction or activity, it shall without delay inform the FIUs of all Member States that might be concerned.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)

(2a) the European Investment Bank;

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 2 – paragraph 1 – point 2 b (new)

(2b) Central Banks of the Member States when performing or facilitating commercial or private transactions;

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 2 – paragraph 1 – point 2 c (new)

(2c) Central Settlement Systems;

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 29 – paragraph 1

1. Member States shall ensure that corporate or legal entities ~~established within their territory obtain and hold adequate, accurate and current information on their beneficial ownership.~~, including trusts, foundations, holdings and all other similar, in terms of structure or function, existing or future legal arrangements established within their territory, or governed under their law obtain, hold and transmit to a public registry pursuant to paragraph 4 of this article, adequate, accurate and current information on their beneficial ownership, at the moment of establishment or any changes thereof. The public registry shall contain but not be limited to the following information: a) name and legal form of the corporate or legal entity, b) address c) basic regulatory powers d) list of directors e) shareholder information including names, dates of birth and addresses, the number of shares per shareholder, and categories of shares The requirements stipulated in this paragraph are without prejudice to the customer due diligence provisions of this directive

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 29 – paragraph 2

2. ~~Member States shall ensure that the information referred to in paragraph 1 of this Article can be accessed in a timely manner by competent authorit~~Regarding trusts or other types of legal entity and arrangements with a similar structure and function of trusts, the information shall also include the identity of the settlor, of the trustee(s), of the protector (if relevant), of the beneficiaries or class of beneficiaries, and ~~by obliged entities~~of any other natural person exercising effective control over the trust.

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 29 – paragraph 2 a (new)

2a. Member States shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 10

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 29 – paragraph 2 b (new)

2b. Member States shall ensure that the information referred to paragraphs 1,2,3, of this article is displayed in a public beneficial ownership registry in a timely, comprehensive and comprehensible manner before end of 2014. Any changes to the information required shall be clearly indicated in the registry without delay and at latest within 30 days

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 29 – paragraph 2 c (new)

2c. For the purposes of this article, Member States shall establish effective anti-abuse measures with view to preventing misuse based on bearer shares and bearer share warrants.

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 29 – paragraph 2 d (new)

2d. Sanctions for non-compliance with this article shall be applied in accordance with article 55 of this directive

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 2 – paragraph 1 a (new)

1a. Member States shall prohibit cash transfers exceeding 10 000 Euro, whether the transaction is carried out in a single operation or in several operations which appear to be linked

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 30

Article 30 1. Member States shall ensure that trustees of any express trust governed under their law obtain and hold adequate, accurate and current information on beneficial ownership regarding the trust. This information shall include the identity of the settlor, of the trustee(s), of the protector (if relevant), of the beneficiaries or class of beneficiaries, and of any other natural person exercising effective control over the trust. 2. Member States shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 10. 3. Member States shall ensure that the information referred to in paragraph 1 of this Article can be accessed in a timely manner by competent authorities and by obliged entities. 4. Member States shall ensure that measures corresponding to those in paragraphs 1, 2 and 3 apply to other types of legal entity and arrangement with a similar structure and function to trusts.deleted

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 3 – paragraph 1 – point 2 a (new)

(2a) "Central Settlement system" means a settlement system as defined in Directive 98/26/EC on settlement finality in payment and securities settlement systems

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 31 – paragraph 3

3. The FIU shall be established as a central national unit. It shall be responsible for receiving (and to the extent permitted, requesting), analysing and disseminating to the competent authorities, disclosures of information which concern potential money laundering or associated predicate offences, potential terrorist financing or are required by national legislation or regulation. The FIU shall be provided with adequate financial, technical and human resources in order to fulfil its tasks. Member states shall ensure that the FIU is free from undue interference.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1

A percentage of 2510% plus one share shall be evidence of ownership or control through shareholding and applies to every level of direct and indirect ownership;

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 37 – paragraph 1

Member States shall take all appropriate measures in order to protect employees of the obliged entity who report suspicions of money laundering or terrorist financing either internally or to the FIU from being exposed to threats or hostile action. EBA, EIOPA, ESMA and the FIU shall provide one or more secure communication channel for persons to report suspicions of laundering or terrorist financing. Such channels shall ensure that the identity of persons providing information is known only to EBA; EIOPA, ESMA or the FIU.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 3 – paragraph 1 – point 5 – point b – point i

(i) the natural person(s) who exercises control over 2510 % or more of the property of a legal arrangement or entity; and

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 3 – paragraph 1 – point 5 – point b – point ii

(ii) where the future beneficiaries have already been determined, the natural person(s) who is the beneficiary of 2510 % or more of the property of a legal arrangement or entity; or

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 40 – paragraph 1

Member States shall require that ~~their obliged entities have systems in place that enable them to respond fully and rapidly to enquiries from the FIU, or from other authorities, in accordance with~~, where the legislation of the third country does not permit customer due diligence obligations and the application of the measures required under the first subparagraph of paragraph 1, obliged entities must ensure that branches, subsidiaries and majority-owned companies in this their ~~national law, as to whether they maintain or have maintained during the previous five years a business relationship with specified natural or legal persons and on the nature of that relationship~~d country do not establish or continue business relationships and do not undertake transactions. Insofar as a business relationship already exists, the obliged entity must ensure that such relationship is terminated by cancelling the business contract or any other effective measure.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 42 – paragraph 4

4. Member States shall require that, where the legislation of the third country does not permit customer due diligence obligations and the application of the measures required under the first subparagraph of paragraph 1, obliged entities ~~take additional mea~~must ensures to effectively handle the risk of money laundering or terrorist financing, and inform their home supervisors. If the additional measures are not sufficient, competent authorities in the home country shall consider additional supervisory actions, including, as appropriate, requesting the financial group to close down its operations in the host countryhat branches, subsidiaries and majority- owned companies in this third country do not establish or continue business relationships and do not undertake transactions. Insofar as a business relationship already exists, the obliged entity must ensure that such relationship is terminated by cancelling the business contract or any other effective measure.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 43 – paragraph 1 a (new)

1a. Member States shall require that obliged entities appoint the member(s) of the management body who are responsible for the implementation of the laws, regulations and administrative provisions necessary to comply with this Directive.

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 47 – paragraph 1

TWithout prejudice to data protection rules, EBA, EIOPA or ESMA may request, and the competent authorities shall provide EBA, EIOPA and ESMA with ~~all the~~the relevant information necessary to carry out their duties under this Directive.

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 48 – paragraph 1

The Commission may lend such assistance as may be needed to facilitate coordination, including the exchange of information between FIUs within the Union. It ~~may~~shall regularly convene meetings with representatives from Member States' FIUs, EBA, EIOPA and ESMA to facilitate co- operation and to exchange views on co- operation related issues.

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 55 – paragraph 1

1. Member States shall ensure that obliged entities and any legal entity pursuant to Article 29, can be held liable for breaches of the national provisions adopted pursuant to this Directive.

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 55 – paragraph 2

2. Without prejudice to the right of Member States to impose criminal penalties, Member States shall ensure that competent authorities may take appropriate administrative measures and impose administrative sanctions where obliged entities, or any legal entity pursuant to Article 29, breach the national provisions, adopted in the implementation of this Directive, and shall ensure that they are applied. Those measures and sanctions shall be effective, proportionate and dissuasive.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. The European Investment Bank shall adopt and publish on their website an anti-money laundering policy, containing detailed procedures that give effect to provisions under this Directive

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 56 – paragraph 1 – introductory part

1. This Article shall at least apply to situations where obliged entities, or any legal entity pursuant to Article 29, demonstrate systematic failings in relation to the requirements of the following Articles:

2013/08/01
Committee: ECON

2013/0025(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a directive
Article 56 – paragraph 1 – point a a (new)

(aa) 29 (information on beneficial ownership)

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 5 – paragraph 1 a (new)

Equivalence 1. The Commission shall by means of delegated acts in accordance with Article 58a adopt decisions on the recognition of the legal and supervisory framework of jurisdictions outside the Union as compliant with minimum standards of good governance in tax matters as defined by Commission Recommendation C(2012) 8805 and equivalent to the minimum requirements of this Directive. 2. As of January 2018, corporate or legal entities, including trusts, foundations, holdings and all other similar, in terms of structure or function, existing or future legal arrangements, established, or governed under the law of, jurisdictions outside the Union not deemed compliant and equivalent, shall be prohibited from operating within the Union.

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 58 a (new)

Article 58a Delegated Powers 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 5a(1) shall be conferred on the Commission for an indeterminate period of time from the date referred to in Article 62. 3. The delegation of power referred to in Article 5a(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of that 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. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 5a(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 6 – paragraph 2

2. The Commission shall ~~make the opinion available to assist Member States and obliged entities to identify, manage and mitigate the risk of money laundering and terrorist financing.~~ : - keep the assessment up to date, - make the results of its risk assessment publicly available to Member States and obliged entities to identify, manage and mitigate the risk of money laundering and terrorist financing, and to allow other stakeholders including legislators to better understand the financial risks, - make appropriate information available to obliged entities to carry out their own money laundering and terrorist financing risk assessments. The Commission shall be assisted by the Committee on the Prevention of Money Laundering and Terrorist Financing, hereinafter referred to as 'the Committee'. The Committee shall be a committee within the meaning of Regulation EU 182/2011. Where high risks are identified at European level by the Commission, the Member States AML/CFT regimes shall address these high risks. Without prejudice to any other measures taken at national level by Member States to manage and mitigate these risks, the Commission could prescribe to Member States to take enhanced due diligence to manage and mitigate risks. Member States shall ensure that financial institutions and Designated Non- Financial Businesses and Professions take into account these enhanced due diligence measures to carry out and manage their own money laundering and terrorist financing risk assessments. For the application of the above sub paragraph, the Commission shall ensure that Member States have effectively taken into account its risk assessment in their national AML/FT legislation.

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Annex 3 a (new)

New Annex [IV] The following are examples of the types of countermeasures that Member States can, at least, impose in accordance with [article x para 2] Requiring obliged entities covered by this directive to apply appropriate EDD Introducing enhanced relevant reporting mechanisms or systematic reporting of transactions Refusing the establishment on the territory of a Member State of subsidiaries or branches or representative offices of institutions from the country concerned, or otherwise taking into account the fact that the relevant financial institution is from a country that does not have adequate anti-money laundering/combating terrorist financing systems Prohibiting financial institutions from establishing branches or representative offices in the country concerned, or otherwise taking into account the fact that the relevant financial institution is from a country that does not have adequate anti- money laundering/combating terrorist financing systems Limiting business relationships or financial transactions with the identified country or institutions or persons located in that country Prohibiting institutions and persons covered by this directive from relying on third parties located in the country concerned to conduct elements of the CDD process Requiring institutions covered by this Directive to review and amend, or if necessary terminate, correspondent relationships with financial institutions in the country concerned Requiring increased supervisory examination and/or external audit requirements for branches and subsidiaries of institutions based in the country concerned Requiring increased external audit requirements for financial groups with respect to any of their branches and subsidiaries located in the country concerned

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Annex 3 b (new)

New Annex [V] : The following are type of enhanced due diligence measures that Member States should at least apply for the application of [article x para 3] Obtaining additional information on the customer (e.g. occupation, volume of assets, information available through public databases, internet, etc.), and updating more regularly the identification data of customer and beneficial owner. Obtaining additional information on the intended nature of the business relationship. Obtaining information on the source of funds or source of wealth of the customer. Obtaining information on the reasons for intended or performed transactions. Obtaining the approval of senior management to commence or continue the business relationship. Conducting enhanced monitoring of the business relationship, by increasing the number and timing of controls applied, and selecting patterns of transactions that need further examination. Requiring the first payment to be carried out through an account in the customers name with a bank subject to similar CDD standards.

2013/08/01
Committee: ECON

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 6 a (new)

Article 6a Committee on the Prevention of Money Laundering and Terrorism Financing 1. The Commission shall ensure that national AML/CFT legislations of the Member States adopted on the basis of the present directive are effectively consistent with the European framework and implemented. 2. For the application of paragraph 1, the Commission will be assisted by the Committee on the Prevention of Money Laundering and Terrorism Financing], and, where applicable, by the European Supervisory Authorities and other European competent authorities. 3. Evaluations of national AML/CTF legislations intended at paragraph 1 are made without prejudice of those conducted by the Financial Action Task Force or the FATF Style Regional Bodies. 4, The Member States shall endorse in their national AML/CFT regimes all the lists of countries published by FATF which are directly applicable in national law. 5. The Member States shall be able to apply appropriate countermeasures when called upon to do so by the FATF. Such countermeasures have to be effective and proportionate to the risks and include at least one of the measures set out in Annex [IV]. 6. The Member States shall require from their financial institutions to apply enhanced due diligence measures with natural and legal persons, and financial institutions from the abovementioned countries in paragraph 4. The type of enhanced due diligence measures applied should be effective and proportionate to the risks and include one of the measures set out in Annex [V] 7. The Member States are free to implement the requirements stated in paragraph 5 and 6 of this article even in absence of any call by FATF to do so towards third countries. In such case, Member States concerned shall inform the ESAs and the Commission of the identity of that third country, and the nature of countermeasure(s) taken. 8.The Committee on the Prevention of Money Laundering and Terrorist Financing shall ensure a minimum level of coordination of the actions taken by Member States on the enhanced due diligence measures and countermeasures they adopt towards countries mentioned at paragraph 4.

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 7 – paragraph 2 a (new)

2a. Commission experts shall carry out general and specific audits in Member States. The Commission may appoint experts from Member States to assist its own experts. General and specific audits shall be organised in cooperation with Member States' competent authorities. Audits shall be carried out on a regular basis. In order to facilitate the efficiency and effectiveness of the audits, the Commission may, in advance of carrying out such audits, request that the Member States provide, as soon as possible, up-to- date copies of national control plans. The Commission shall report on the findings of each control carried out. Its report shall, if appropriate, contain recommendations for Member States on the improvement of anti money laundering and terrorist financing rules. The Commission shall make its reports publicly available. In the case of reports on controls carried out in a Member State, the Commission shall provide the relevant competent authority with a draft report for comments, take those comments into consideration in preparing the final report and publish the competent authority's comments together with the final report. The Commission shall establish an annual control programme, communicate it to Member States in advance, and report on its results. Member States shall: (a) take appropriate follow-up action in the light of the recommendations resulting from Community controls; (b) give all necessary assistance and provide all documentation and other technical support that Commission experts request to enable them to carry out controls efficiently and effectively; (c) ensure that Commission experts have access to all premises or parts of premises and to information, including computing systems, relevant to the execution of their duties.

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 9 – paragraph 1

Member States shall prohibit their credit and financial institutions from keeping anonymous accounts or anonymous passbooks or issuing e-money without identifying the e-money holder and verifying the e-money holder. Member States shall in all cases require that the owners and beneficiaries of existing anonymous accounts or anonymous passbooks be made the subject of customer due diligence measures as soon as possible and in any event before such accounts or passbooks are used in any way.

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 11 – paragraph 1 – point b

(b) ~~identifying~~Further to the identification of the beneficial owners ands listed in the public registry pursuant to article 29, taking reasonable measures to verify his or her identity so that the institution or person covered by this Directive is fully satisfied that it knows who the beneficial owner is, including, as regards legal persons, trusts ~~and similar~~, foundations, holdings and all other similar existing or future legal arrangements, taking ~~reasonable~~all necessary measures to understand the ownership and control structure of the customer;

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 12 – paragraph 2

2. By way of derogation from paragraph 1, Member States may, after informing the Commission, allow the verification of the identity of the customer and the beneficial owner to be completed during the establishment of a business relationship if this is necessary not to interrupt the normal conduct of business and where there is little risk of money laundering or terrorist financing occurring. In such situations these procedures shall be completed as soon as practicable after the initial contact.

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 16 – paragraph 2

2. Member States shall require obliged entities to examine~~, as far as reasonably possible,~~ the background and purpose of all complex, unusual large transactions, and all unusual patterns of transactions, which have no apparent economic or lawful purpose, or which constitute tax crimes amounting to criminal activity within the meaning of Article 3(4)(f), or which are constitutive of aggressive tax planning as defined by Commission recommendation C(2012) 8806. In particular, they shall increase the degree and nature of monitoring of the business relationship, in order to determine whether those transactions or activities appear unusual or suspicious. In case an obliged entity determines such unusual or suspicious transaction or activity, it shall without delay inform the FIUs of all Member States that might be concerned.

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 29 – paragraph 1

1. Member States shall ensure that corporate or legal entities ~~established within their territory obtain and hold adequate, accurate and current information on their beneficial ownership.~~ , including trusts, foundations, holdings and all other similar, in terms of structure or function, existing or future legal arrangements established within their territory, or governed under their law obtain, hold and transmit to a public registry pursuant to paragraph 4 of this article, adequate, accurate and current information on their beneficial ownership, at the moment of establishment or any changes thereof. The public registry shall contain but not be limited to the following information: a) name, legal form and status of the corporate or legal entity; b) proof of incorporation; c) address of the registered office; d) basic regulatory powers; e) list of directors; f) shareholder information including names, dates of birth, the number of shares per shareholder, and categories of shares. The requirements stipulated in this paragraph shall not exempt obliged entities from their customer due diligence obligations, and obliged entities shall not rely exclusively on this information as sufficient to fulfil these obligations.

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 29 – paragraph 2

2. ~~Member States shall ensure that the information referred to in paragraph 1 of this Article can be accessed in a timely manner by compet~~Regarding trusts or other types of legal entity and arrangements with a similar structure and function of trusts, the information shall also include the identity of the settlor, of the trustee(s), of the protector (if relevant), of the beneficiaries or class of beneficiaries, and of any other natural person exercising effective control over the trust. Member States shall ensure that trustees disclose their status to obliged entities whent, a~~uthorities and by obliged entities~~s a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 10.

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 29 – paragraph 2 b (new)

2b. For the purposes of this article, Member States shall establish effective anti-abuse measures with view to preventing misuse based on bearer shares and bearer share warrants.

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 29 – paragraph 2 a (new)

2a. Member States shall ensure that the information referred to paragraphs 1 and 2 of this article is displayed in a public beneficial ownership registry in a timely, comprehensive and comprehensible manner. Any changes to the information required shall be clearly indicated in the registry without delay and at latest within 30 days

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 29 – paragraph 2 c (new)

2c. Sanctions for non-compliance with this article shall be applied in accordance with article 55 of this directive

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 30

Article 30 1. Member States shall ensure that trustees of any express trust governed under their law obtain and hold adequate, accurate and current information on beneficial ownership regarding the trust. This information shall include the identity of the settlor, of the trustee(s), of the protector (if relevant), of the beneficiaries or class of beneficiaries, and of any other natural person exercising effective control over the trust. 2. Member States shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 10. 3. Member States shall ensure that the information referred to in paragraph 1 of this Article can be accessed in a timely manner by competent authorities and by obliged entities. 4. Member States shall ensure that measures corresponding to those in paragraphs 1, 2 and 3 apply to other types of legal entity and arrangement with a similar structure and function to trusts.deleted

2013/12/09
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 31 – paragraph 3

3. The FIU shall be established as a central national unit. It shall be responsible for receiving (and to the extent permitted, requesting), analysing and disseminating to the competent authorities, disclosures of information which concern potential money laundering or associated predicate offences, potential terrorist financing or are required by national legislation or regulation. The FIU shall be provided with adequate resources in order to fulfil its tasks. When, within a FIU, more than one unit is competent to carry out official controls, efficient and effective coordination and cooperation shall be ensured between the different units. When a Member State confers the competence to carry out official controls on a FIU or FIUs other than a central FIU, in particular those at regional or local level, efficient and effective coordination shall be ensured between all FIUs involved

2013/12/11
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 31 – paragraph 5

5. Member States shall ensure that the FIU is empowered to take urgent action, either directly or indirectly, when there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to a transaction going ahead in order to analyse the transaction and confirm the suspicion. Member States shall ensure that FIUs have the legal powers to carry out official controls and to take the measures provided for in this Directive.

2013/12/11
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 31 – paragraph 6 a (new)

6a. 1.The FIUs shall ensure: (a) the effectiveness and appropriateness of official controls on the implementation of the rules laid down in the Directive; (b) that staff carrying out official controls are free from any conflict of interest; (c) that they have, or have access to, a sufficient number of suitably qualified and experienced staff so that official controls can be carried out efficiently and effectively; (d) that they have appropriate and properly maintained facilities and equipment to ensure that staff can perform official controls efficiently and effectively; 2. FIUs shall ensure the impartiality, quality and consistency of official controls at all levels. The criteria listed in paragraph 1 must be fully respected by every FIU on which the competence to carry out official controls is conferred.

2013/12/11
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 31 – paragraph 6 b (new)

6b. FIUs shall carry out internal audits or may have external audits carried out, and shall take appropriate measures in the light of their results, to ensure that they are achieving the objectives of this Directive. These audits shall be subject to independent scrutiny and shall be carried out in a transparent manner.

2013/12/11
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 31 – paragraph 6 c (new)

6c. The Commission shall coordinate without delay the action undertaken by Member States when it, further to information received from Member States or from other sources, becomes aware of activities that are, or appear to be, contrary to anti money laundering law and are of particular interest at Community level, and in particular when: (a) such activities have, or might have, ramifications in several Member States; (b) it appears that similar activities have been carried out in several Member States; or (c) Member States are unable to agree on appropriate action to address non- compliance. When official controls at destination show repeated non-compliance, the FIU that has carried out the control shall inform the Commission and the FIU of the other Member States without delay. The Commission may: (a) in collaboration with the Member State concerned, send an inspection team to carry out an official control on-the- spot; (b) request that the competent authority of the Member State of dispatch intensify relevant official controls and report on the action and measures taken.

2013/12/11
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 37 – paragraph 1

Member States shall take all appropriate measures in order to protect employees and others of the obliged entity who report suspicions of money laundering or terrorist financing either internally or to the FIU from being exposed to threats ~~or hostile action.~~ , hostile action, adverse treatment or adverse consequences. The ESAs and the FIU shall provide one or more secure communication channels for persons to report suspicions of money laundering or terrorist financing. Such channels shall ensure that the identity of persons providing information is known only to the ESAs or the FIU. Member States shall guarantee legal aid free of charge.

2013/12/11
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 42 – paragraph 4

4. Member States shall require that, where the legislation of the third country does not permit customer due diligence obligations and the application of the measures required under the first subparagraph of paragraph 1, obliged entities take additional measures to effectively handle the risk of money laundering or terrorist financing, and inform their home supervisors. If the additional measures are not sufficient, competent authorities in the home country shall consider additional supervisory actions, including, as appropriate, requesting the financial group to close down its operations in the host countrymust ensure that branches, subsidiaries, outsourced activities and majority-owned companies in this third country do not establish or continue business relationships and do not undertake transactions. Insofar as a business relationship already exists, the obliged entity must ensure that such relationship is terminated by cancelling the business contract or any other effective measure.

2013/12/11
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 43 – paragraph 1 a (new)

1a. Member States shall require that obliged entities appoint the member(s) of the management body who are responsible for the implementation of the laws, regulations and administrative provisions necessary to comply with this Directive.

2013/12/11
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Article 48 – paragraph 1

The Commission ~~may~~shall lend such assistance as may be needed to facilitate coordination, including the exchange of information between FIUs within the Union. It ~~may~~shall regularly convene meeting~~s with~~ of the EU FIUs' Platform composed of representatives from Member States' FIUs ~~to facilitate co-operation and to exchange views on~~, and, where appropriate, meetings of the EU FIUs' Platform with EBA, EIOPA or ESMA. The EU FIUs' Platform is set up to formulate guidance on implementation issues relevant for FIUs and reporting entities, facilitate FIUs' activities particularly on international co-operation ~~related issues~~and joint analysis, share information on trends and risk factors in the internal market, ensure the participation of the FIUs in the governance of the FIU.net system.

2013/12/11
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Article 58 a (new)

Article 58a Delegated Powers 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 5(1a) shall be conferred on the Commission for an indeterminate period of time from the date referred to in Article 62. 3. The delegation of power referred to in Article 5(1a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of that decision in the Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 5(1a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

2013/12/11
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a directive
Annex 3 a (new)

Annex III a The following are examples of the types of countermeasures that Member States can, at least, impose in accordance with Article 6 a: - Requiring obliged entities covered by this directive to apply appropriate EDD. - Introducing enhanced relevant reporting mechanisms or systematic reporting of transactions. - Refusing the establishment on the territory of a Member State of subsidiaries or branches or representative offices of institutions from the country concerned, or otherwise taking into account the fact that the relevant financial institution is from a country that does not have adequate anti-money laundering/combating terrorist financing systems. - Prohibiting financial institutions from establishing branches or representative offices in the country concerned, or otherwise taking into account the fact that the relevant financial institution is from a country that does not have adequate anti- money laundering/combating terrorist financing systems. - Limiting business relationships or financial transactions with the identified country or institutions or persons located in that country. - Prohibiting institutions and persons covered by this Directive from relying on third parties located in the country concerned to conduct elements of the CDD process. - Requiring institutions covered by this Directive to review and amend, or if necessary terminate, correspondent relationships with financial institutions in the country concerned. - Requiring increased supervisory examination and/or external audit requirements for branches and subsidiaries of institutions based in the country concerned. - Requiring increased external audit requirements for financial groups with respect to any of their branches and subsidiaries located in the country concerned.

2013/12/11
Committee: ECON LIBE

2013/0025(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a directive
Annex 3 b (new)

Annex IIIb The following are type of enhanced due diligence measures that Member States should at least apply for the application of article 16: - Obtaining additional information on the customer (e.g. occupation, volume of assets, information available through public databases, internet, etc.), and updating more regularly the identification data of customer and beneficial owner. - Obtaining additional information on the intended nature of the business relationship. - Obtaining information on the source of funds or source of wealth of the customer. - Obtaining information on the reasons for intended or performed transactions. - Obtaining the approval of senior management to commence or continue the business relationship. - Conducting enhanced monitoring of the business relationship, by increasing the number and timing of controls applied, and selecting patterns of transactions that need further examination. - Requiring the first payment to be carried out through an account in the customer’s name with a bank subject to similar CDD standards.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Recital 1

(1) ~~Flows of dirty money through transfers of funds can damage the~~Massive flows of illicit money damage the structure, stability and reputation of the financial sector and threaten the ~~internal market. Terrorism shakes the very foundations of our society~~single market as well as international development, and terrorism shakes the very foundations of our society. Crucial facilitators of illicit money flows are secretive corporate structures operating in and through secrecy jurisdiction, often also referred to as tax havens. The soundness, integrity and stability of the system of transfers of funds and confidence in the financial system as a whole ~~could be~~is being seriously jeopardised by the efforts of criminals and their associates either to disguise the origin of criminal proceeds or to transfer funds for terrorist purposes.

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI, Eva JOLY

Proposal for a regulation
Recital 1

(1) ~~Flows of dirty money through transfers of funds can damage the~~Massive flows of illicit money damage the structure, stability and reputation of the financial sector and threaten the ~~internal market. Terrorism shakes the very foundations of our society~~single market as well as international development, and terrorism shakes the very foundations of our society. Crucial facilitators of illicit money flows are secretive corporate structures operating in and through secrecy jurisdiction, often also referred to as tax havens. The soundness, integrity and stability of the system of transfers of funds and confidence in the financial system as a whole ~~could be~~is being seriously jeopardised by the efforts of criminals and their associates either to disguise the origin of criminal proceeds or to transfer funds for terrorist purposes.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI, Eva JOLY

Proposal for a regulation
Recital 2

(2) In order to facilitate their criminal activities, money launderers and terrorist financers ~~could try to~~are takeing advantage of the freedom of capital movements entailed by the integrated financial area, unless certain coordinating measures are adopted at Union level. By its scale, Union action should ensure that Recommendation 16 on wire transfers of the Financial Action Task Force (FATF), adopted in February 2012 is transposed uniformly throughout the Union, and, in particular, that there is no discrimination between national payments within a Member State and cross border payments between Member States. Uncoordinated action by Member States alone in the field of cross border transfers of funds could have a significant impact on the smooth functioning of payment systems at Union level and therefore damage the internal market in the field of financial services.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Recital 2

(2) In order to facilitate their criminal activities, money launderers and terrorist financers ~~could try to~~are takeing advantage of the freedom of capital movements entailed by the integrated financial area, unless certain coordinating measures are adopted at Union level. By its scale, Union action should ensure that Recommendation 16 on wire transfers of the Financial Action Task Force (FATF), adopted in February 2012 is transposed uniformly throughout the Union, and, in particular, that there is no discrimination between national payments within a Member State and cross border payments between Member States. Uncoordinated action by Member States alone in the field of cross border transfers of funds could have a significant impact on the smooth functioning of payment systems at Union level and therefore damage the internal market in the field of financial services.

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a regulation
Recital 6

(6) The full traceability of transfers of funds can be a particularly important and valuable tool in the prevention, investigation and detection of money laundering or terrorist financing. It is therefore appropriate, in order to ensure the transmission of information throughout the payment chain channelled through the financial system, to provide for a system imposing the obligation on payment service providers to ~~have transfers of funds accompanied by information on the payer and the payee~~report identity information on transfer of funds conceded on behalf of their clients, and to have transfers of funds accompanied by information to the competent authorities on the payer and the payee to prevent their financial services being misused for money laundering and terrorist financing.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Judith SARGENTINI, Rui TAVARES

Proposal for a regulation
Recital 7

(7) The provisions of this Regulation apply without prejudice to national legislation implementing 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 data19 . For example, personal data collected for the purpose of complying with this Regulation should not be further processed in a way inconsistent e with Directive 95/46/EC. In particular, further processing for commercial purposes should be strictly prohibited. The fight against money laundering and terrorist financing is recognised as an important public interest ground by all Member States. Hence, in the application of this Regulation, the transfer of personal data to a third country which does not ensure an adequate level of protection in the meaning of Article 25 of Directive 95/46/EC should be permitted according to Article 26 (d) of the same Directive. __________________ 19 OJ L 281, 23.11.1995, p. 31.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Recital 6

(6) The full traceability of transfers of funds can be a particularly important and valuable tool in the prevention, investigation and detection of money laundering or terrorist financing. It is therefore appropriate, in order to ensure the transmission of information throughout the payment chain channelled through the financial system, to provide for a system imposing the obligation on payment service providers to ~~have transfers of funds accompanied by information on the payer and the payee~~report identity information on transfer of funds conceded on behalf of their clients, and to have transfers of funds accompanied by information to the competent authorities on the payer and the payee to prevent their financial services being misused for money laundering and terrorist financing.

2013/07/24
Committee: ECON

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Recital 9

(9) It is appropriate to exclude from the scope of this Regulation transfers of funds that represent a low risk of money laundering or terrorist financing. Such exclusions should cover credit or debit cards, mobile telephones or other digital or information technology (IT) devices, Automated Teller Machine (ATM) withdrawals, payments of taxes, fines or other levies, and transfers of funds where both the payer and the payee are payment service providers acting on their own behalf. In addition, in order to reflect the special characteristics of national payment systems, Member States may exempt electronic giro payments, provided that it is always possible to trace the transfer of funds back to the payer. However, every exemption should be reviewed periodically, and there must be no exemption when a debit or credit card, a mobile telephone or other digital or IT prepaid or postpaid device is used in order to effect a person-to-person transfer.

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI, Eva JOLY

Proposal for a regulation
Recital 9

(9) It is appropriate to exclude from the scope of this Regulation transfers of funds that represent a low risk of money laundering or terrorist financing. Such exclusions should cover credit or debit cards, mobile telephones or other digital or information technology (IT) devices, Automated Teller Machine (ATM) withdrawals, payments of taxes, fines or other levies, and transfers of funds where both the payer and the payee are payment service providers acting on their own behalf. In addition, in order to reflect the special characteristics of national payment systems, Member States may exempt electronic giro payments, provided that it is always possible to trace the transfer of funds back to the payer. However, every exemption should be reviewed periodically, and there must be no exemption when a debit or credit card, a mobile telephone or other digital or IT prepaid or postpaid device is used in order to effect a person-to-person transfer.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Recital 13

(13) For transfers of funds from a single payer to several payees to be sent in an inexpensive way in batch files containing individual transfers from the Union to outside the Union, provision should be made for such individual transfers to carry only the account number of the payer or his unique ~~transaction~~ identifier provided that complete information on the payer and the payee is contained in the batch file.

2013/07/24
Committee: ECON

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Recital 14

(14) In order to check whether the required information on the payer and the payee accompanies transfers of funds, and to help to identify suspicious transactions, the payment service provider of the payee and the intermediary payment service provider should have effective procedures in place in order to detect whether information on the payer and the payee is missing. or incomplete, in particular if numeral payment services are involved to improve the traceability of transfers of funds.

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Recital 14

(14) In order to check whether the required information on the payer and the payee accompanies transfers of funds, and to help to identify suspicious transactions, the payment service provider of the payee and the intermediary payment service provider should have effective procedures in place in order to detect whether information on the payer and the payee is missing or incomplete, in particular if numerous payment services are involved to improve the traceability of transfers of funds.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Recital 15

(15) Owing to the potential terrorist financing threat posed by anonymous transfers, it is appropriate to require payment service providers to request information on the payer and the payee. In line with the risk based approach developed by FATF, it is appropriate to identify areas of higher and lower risk with a view to better targeting money laundering and terrorist financing risks. Accordingly, the payment service provider of the payee and the intermediary service provider should establish effective risk- based procedures ~~for cases where a transfer of funds lacks~~and individually assess and evaluate risks for cases where a transfer of funds lacks or are incomplete regarding the information on the required payer and payee information, in order to decide whether to execute, reject or suspend that transfer and what appropriate anti-abuse measures with view to preventing misuse and which follow-up action to take. Where the payment service provider of the payer is established outside the territory of the Union, enhanced customer due diligence should be applied, in accordance with Directive [xxxx/yyyy], in respect of cross-border correspondent banking relationships with that payment service provider.

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Recital 15

(15) Owing to the potential terrorist financing threat posed by anonymous transfers, it is appropriate to require payment service providers to request information on the payer and the payee. In line with the risk based approach developed by FATF, it is appropriate to identify areas of higher and lower risk with a view to better targeting money laundering and terrorist financing risks. Accordingly, the payment service provider of the payee and the intermediary service provider should establish effective risk- based procedures ~~for cases where a transfer of funds lacks~~and individually assess and evaluate risks for cases where a transfer of funds lacks or are incomplete regarding the information on the required payer and payee information, in order to decide whether to execute, reject or suspend that transfer and what appropriate anti-abuse measures with view to preventing misuse and which follow-up action to take. Where the payment service provider of the payer is established outside the territory of the Union, enhanced customer due diligence should be applied, in accordance with Directive [xxxx/yyyy], in respect of cross-border correspondent banking relationships with that payment service provider.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Recital 17

(17) The provisions on transfers of funds where information on the payer or the payee is missing or incomplete apply without prejudice to any obligations on payment service providers and the intermediary payment service providers to suspend and/or reject transfers of funds which violate provisions of civil, administrative or criminal law. The need for identity information on payer or the payee of individuals, legal persons, trusts, foundations, mutuals, holdings and other similar existing or future legal arrangements is a key factor in tracing criminals who might otherwise hide their identity behind corporate structure.

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a regulation
Recital 17

(17) The provisions on transfers of funds where information on the payer or the payee is missing or incomplete apply without prejudice to any obligations on payment service providers and the intermediary payment service providers to suspend and/or reject transfers of funds which violate provisions of civil, administrative or criminal law. The need for identity information on payer or the payee of individuals, legal persons, trusts, foundations, mutual societies, holdings and other similar existing or future legal arrangements is a key factor in tracing criminals who might otherwise hide their identity behind corporate structure.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 2 – paragraph 1 – point 3

(3) ‘payer’ means any natural or legal person who either carries out a transfer of funds from his or her own account or who places an order for a transfer of funds;

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a regulation
Article 2 – paragraph 1 – point 9

(9) ‘unique ~~transaction~~ identifier’ means a combination of letters , numbers and/or symbols determined by the payment service provider, in accordance with the protocols of the payment and settlement systems or messaging systems used for the fund transfer, which permits traceability of the transaction back to the payer and the payee;

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

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

(4) ‘payee’ means any natural or legal person who is the intended recipient of transferred funds;

2013/07/24
Committee: ECON

2013/0024(COD)

Judith SARGENTINI, Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. Data protection 1. With regard to the processing of personal data within the framework of this Regulation, payment service providers shall carry out their tasks for the purposes of this Regulation in accordance with national law implementing Directive 95/46/EC. 2. Payment service providers shall ensure that data retained under this Regulation is used only for the purposes described herein and in no case for commercial purposes. 3. Data protection authorities shall have powers, including the indirect access powers, to investigate, either ex officio or based on a complaint, any claims as regards problems with personal data processing. This should include particularly access to the data file at the payment service provider and competent national authorities.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

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

(5) ‘payment service provider’ means any natural or legal person who provides the service of transferring funds in his or her professional capacity;

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point a

~~(a) the card or device is used to pay goods and services;~~deleted

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – introductory part

This Regulation shall not apply to transfers of funds carried out using a credit or debit card, or a mobile telephone or any other digital or information technology (IT) device, where the following conditions are fulfilled: . Based on periodic reviews of these exemptions, the Commission shall be empowered to adopt delegated acts limiting further these exemptions.

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point b

(b) the ~~number of the abovementioned~~unique identifier of the holder of the card or device accompanies all transfers flowing from the transaction.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point a

(a) the card or device is used to pay goods and services to a company within professional trade or business;

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Eva JOLY

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2

However, this Regulation shall apply when a credit or debit card, or a mobile telephone, e-money or any other digital or IT prepaid or postpaid device is used in order to effect a person-to-person transfer of funds.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2

However, this Regulation shall apply when a credit or debit card, or a mobile telephone, or any other digital or IT prepaid or postpaid device is used in order to effect a person-to-person transfer of funds.

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

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

(b) the payer's account number, where such an account is used to process the transfer of funds, or a unique ~~transaction~~ identifier where no such account is used for that purpose;

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

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

(b) the payer's account number, where such an account is used to process the transfer of funds, or a unique ~~transaction~~ identifier where no such account is used for that purpose;

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 4 – paragraph 3

3. Before transferring the funds, the payment service provider of the payer shall verify the accuracy of the complete information referred in paragraph 1 on the basis of documents, data or information obtained from a reliable and independent source.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 4 – paragraph 3

3. Before transferring the funds, the payment service provider of the payer shall verify the accuracy of the complete information referred in paragraph 1 on the basis of documents, data or information obtained from a reliable and independent source.

2013/07/24
Committee: ECON

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 5 – paragraph 1

1. By way of derogation from Article 4(1) and (2), where the payment service provider(s) of both the payer and the payee are established in the Union, ~~only the~~the identity and account number of the payer or his unique ~~transaction~~ identifier shall be provided at the time of the transfer of funds.

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 5 – paragraph 1

1. By way of derogation from Article 4(1) and (2), where the payment service provider(s) of both the payer and the payee are established in the Union, ~~only the~~the name and account number of the payer or his unique ~~transaction~~ identifier shall be provided at the time of the transfer of funds.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 6 – paragraph 1

1. In the case of batch file transfers from a single payer where the payment service providers of the payees are established outside the Union, Article 4(1) and (2) shall not apply to the individual transfers bundled together therein, provided that the batch file contains the information referred to in that Article and that the individual transfers carry the identity and the account number of the payer or his unique ~~transaction~~ identifier.

2013/07/24
Committee: ECON

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

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

(c) the account number of both the payer and the payee or the unique ~~transaction~~ identifier.

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 6 – paragraph 1

1. In the case of batch file transfers from a single payer where the payment service providers of the payees are established outside the Union, Article 4(1) and (2) shall not apply to the individual transfers bundled together therein, provided that the batch file contains the information referred to in that Article and that the individual transfers carry the name and account number of the payer or his unique ~~transaction~~ identifier.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 7 – paragraph 1

1. The payment service provider of the payee shall detect whether the fields relating to the information on the payer and the payee in the messaging system or the payment and settlement system used to effect the transfer of funds, have been filled in using the characters or inputs admissible to the internal risk-based established anti-abuse procedures within the conventions of that system.

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – introductory part

By way of derogation from Article 4(1) and (2), where the payment service provider of the payee is established outside the Union, transfers of funds amounting to EUR 1 000 or less shall be accompanied ~~only~~ by:

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES

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

(c) the account number of both the payer and the payee or their unique ~~transaction~~ identifier.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a regulation
Article 7 – paragraph 1

1. The payment service provider of the payee shall detect whether the fields relating to the information on the payer and the payee in the messaging system or the payment and settlement system used to effect the transfer of funds, have been filled in using the characters or inputs admissible to the internal risk-based established anti-abuse procedures within the conventions of that system.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2

If the payment service provider of the payee becomes aware, when receiving transfers of funds, that information on the payer and the payee required under Articles 4(1) and (2), 5(1) and 6 is missing or incomplete and has not been completed, it shall ~~either~~ reject the transfer orand ask for complete information on the payer and the payee.

2013/07/24
Committee: ECON

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 9 – paragraph 1

The payment service provider of the payee shall according to the payment service providers risk-based procedures consider missing or incomplete information on the payer and the payee as a factor in assessing whether the transfer of funds, or any related transaction, is suspicious, and whether it must be reported to the Financial Intelligence Unit.

2013/07/24
Committee: ECON

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 11 – paragraph 2 – introductory part

2. The intermediary payment service provider shall have effective procedures in place in order to detect whether the following information on the payer and the payee is missing or incomplete:

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1

The payment service provider of the payee shall establish effective risk-based procedures for determining when to execute, reject or suspend a transfer of funds lacking the required complete payer and payee information and the appropriate follow up action.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2

~~If t~~The payment service provider of the payee ~~becomes aware~~, when receiving transfers of funds, need to make the necessary inquiries that information on the payer and the payee required under Articles 4(1) and (2), 5(1) and 6 is not missing nor incomplete. If not completed, it shall ~~either~~ reject the transfer orand ask for complete information on the payer and the payee to proceed the transfer.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

Where a payment service provider regularly fails to supply the required complete information on the payer, the payment service provider of the payee shall take steps, which may initially include the issuing of warnings and setting of deadlines, before either rejecting any future transfers of funds from that payment service provider or deciding whether or not to restrict or terminate its business relationship with that payment service provider.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 9 – paragraph 1

The payment service provider of the payee shall according to the payment service providers risk-based procedures consider missing or incomplete information on the payer and the payee as a factor in assessing whether the transfer of funds, or any related transaction, is suspicious, and whether it must be reported to the Financial Intelligence Unit.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 13 – paragraph 1

The intermediary payment service provider shall in compliance with its risk-based procedures consider missing or incomplete information on the payer and the payee as a factor in assessing whether the transfer of funds, or any related transaction, is suspicious, and whether it must be reported to the Financial Intelligence Unit.

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 11 – paragraph 2 – introductory part

2. The intermediary payment service provider shall have effective procedures in place in order to detect whether the following information on the payer and the payee is missing or incomplete:

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 15 – title

Cooperation obligations and equivalence

2013/07/24
Committee: ECON

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 15 – paragraph 1 a (new)

Payment service providers established in the Union shall apply this regulation with regard to their subsidiaries and branches operating in jurisdictions outside the Union that are not deemed equivalent. The Commission shall be empowered to adopt delegated acts in accordance with Article 22a concerning the recognition of the legal and supervisory framework of jurisdictions outside the Union as equivalent to the requirements of this Regulation.

2013/07/24
Committee: ECON

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 16 – paragraph 1

The payment service provider of the payer and the payment service provider of the payee shall keep records of the information referred to in Articles 4, 5, 6 and 7 for five years. In the cases referred to in Article 14(2) and (3), the intermediary payment service provider must keep records of all information received for five years. Upon expiry of this period, personal data must be deleted, unless otherwise provided for by national law, which shall determine under which circumstances payment service providers may or shall further retain data. Member States may allow or require further retention only if necessary for the prevention, detection or investigation of money laundering and terrorist financing. The maximum retention period following carrying-out of the transfer of funds shall not exceed ten years and the storage of personal data shall comply with the General Data Protection Regulation (COD 2012/11).

2013/07/24
Committee: ECON

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 18 – paragraph 1 – point a

(a) repeated non-inclusion of required information on the payer and payee by a payment service provider, in breach of Articles 4, 5 and 6;

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1

The intermediary payment service provider shall establish effective risk-based procedures for determining when to execute, reject or suspend a transfer that are incomplete or transfer of funds lacking the required payer and payee information and have in place the appropriate follow up action.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 13 – paragraph 1

The intermediary payment service provider shall in compliance with its risk-based procedures consider missing or incomplete information on the payer and the payee as a default factor and in assessing whether the transfer of funds, or any related transaction, is suspicious, ~~and~~ whether it must be reported to the Financial Intelligence Unit.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 19 – paragraph 1

AThe competent authorities shall publish administrative sanctions and measures imposed in the cases referred to in Articles 17 and 18(1) ~~shall be published~~ without undue delay including information on the type and nature of the breach and the identity of persons responsible for it, unless such publication would seriously jeopardise the stability of financial markets.

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Eva JOLY

Proposal for a regulation
Article 15 – title

Cooperation obligations and equivalence

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 19 – paragraph 2

~~Where publication would cause a disproportionate damage to the parties involved, competent authorities shall publish the sanctions on an anonymous basis.~~deleted

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI, Eva JOLY

Proposal for a regulation
Article 15 – paragraph 1 a (new)

Payment service providers established in the Union shall apply this regulation with regard to their subsidiaries and branches operating in jurisdictions outside the Union that are not deemed equivalent. The Commission shall be empowered to adopt delegated acts in accordance with Article 22a concerning the recognition of the legal and supervisory framework of jurisdictions outside the Union as equivalent to the requirements of this Regulation.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 21 – paragraph 2 – point b

(b) appropriate protection for whistleblowers and persons who report potential or actual breaches;

2013/07/24
Committee: ECON

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 21 – paragraph 3

3. The payment service providers in cooperation with the competent authorities shall establish ~~appropriate~~internal procedures for their employees to report breaches ~~internally~~ through a spec~~ific~~ure channel.

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a regulation
Article 16 – paragraph 1

The payment service provider of the payer and the payment service provider of the payee shall keep records of the information referred to in Articles 4, 5, 6 and 7 for five years. In the cases referred to in Article 14(2) and (3), the intermediary payment service provider must keep records of all information received for five years. Upon expiry of this period, personal data must be deleted, unless otherwise provided for by national law, which shall determine under which circumstances payment service providers may or shall further retain data. Member States may allow or require further retention only if necessary for the prevention, detection or investigation of money laundering and terrorist financing. The maximum retention period following carrying-out of the transfer of funds shall not exceed ten years. and the storage of personal data shall comply with national law implementing Directive 95/46/EC

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 22 a (new)

Article 22a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 15(1a) shall be conferred on the Commission for an indeterminate period of time from the date referred to in Article 26. 3. The delegation of power referred to in Article 15(1a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of that 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. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 15(1a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

2013/07/24
Committee: ECON

2013/0024(COD)

Rui TAVARES, Sven GIEGOLD

Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1

~~The Commission may~~Without prejudice to Article 15(1a), the Commission may, in cases of attested equivalence, authorise any Member State to conclude agreements with a country or territory which does not form part of the territory of the Union mentioned in Article 355 of the Treaty, which contain derogations from this Regulation, in order to allow for transfers of funds between that country or territory and the Member State concerned to be treated as transfers of funds within that Member State.

2013/07/24
Committee: ECON

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a regulation
Article 18 – paragraph 1 – point a

(a) repeated non-inclusion of required information on the payer and payee by any payment service provider, in breach of Articles 4, 5 and 6;

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 19 – paragraph 1

AThe competent authorities shall publish administrative sanctions and measures imposed in the cases referred to in Articles 17 and 18(1) shall be published without undue delay including information on the type and nature of the breach and the identity of persons responsible for it, unless such publication would seriously jeopardise the stability of financial markets if necessary and proportionate after a case by case evaluation.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 19 – paragraph 2

~~Where publication would cause a disproportionate damage to the parties involved, competent authorities shall publish the sanctions on an anonymous basis.~~deleted

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 21 – paragraph 1

1. Member States shall establish effective mechanisms to encourage reporting of breaches of the provisions of this Regulation to competent authorities. Appropriate technical and organizational measures shall be implemented to protect data against accidental or unlawful destruction, accidental loss, alteration, or unlawful disclosure.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Judith SARGENTINI

Proposal for a regulation
Article 21 – paragraph 2 – point b

(b) appropriate protection for whistleblowers and persons who report potential or actual breaches;

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES

Proposal for a regulation
Article 21 – paragraph 3

3. The payment service providers in cooperation with the competent authorities shall establish internal appropriate procedures for their employees to report breaches internally through a spec~~ific~~ure channel.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Eva JOLY

Proposal for a regulation
Article 22 a (new)

Article 22a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 15(1a) shall be conferred on the Commission for an indeterminate period of time from the date referred to in Article 26. 3. The delegation of power referred to in Article 15(1a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of that 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. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 15(1a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

2013/12/11
Committee: ECON LIBE

2013/0024(COD)

Sven GIEGOLD, Rui TAVARES, Eva JOLY

Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1

~~The Commission may~~Without prejudice to Article 15(1a), the Commission may, in cases of attested equivalence, authorise any Member State to conclude agreements with a country or territory which does not form part of the territory of the Union mentioned in Article 355 of the Treaty, which contain derogations from this Regulation, in order to allow for transfers of funds between that country or territory and the Member State concerned to be treated as transfers of funds within that Member State.

2013/12/11
Committee: ECON LIBE

2013/0023(COD)

Rui TAVARES

Proposal for a directive
Recital 16

(16) Therefore, Member States should provide for certain minimum types and levels of sanctions. The concept of minimum penalties is currently provided for in a majority of Member States. ~~It is consistent and appropriate to adopt this approach at Union level.~~

2013/07/17
Committee: LIBE

2013/0023(COD)

Rui TAVARES

Proposal for a directive
Recital 17

(17) The levels of the sanctions should be effective and dissuasive but should not go beyond what is proportionate to the offences. The penalty for natural persons in serious cases, that is to say, for the main offences of production and distribution of counterfeit currency involving a large amount of counterfeit notes and coins or involving particularly serious circumstances, should therefore be a ~~minimum penalty of at least six months and a~~ maximum penalty of at least eight years of imprisonment.

2013/07/17
Committee: LIBE

2013/0023(COD)

Rui TAVARES

Proposal for a directive
Recital 18

(18) The minimum penalty of six months helps to ensure that equal priority is given by law-enforcement and judicial authorities to the offences of counterfeiting of the euro and other currencies and, in turn, facilitates cross- border cooperation. It contributes to mitigating the risk of forum-shopping. Moreover, it allows that sentenced perpetrators can be surrendered with the help of a European Arrest Warrant so that the custodial sentence or detention order can be executed.deleted

2013/07/17
Committee: LIBE

2013/0023(COD)

Rui TAVARES

Proposal for a directive
Article 5 – paragraph 4 – point a

~~(a) a minimum penalty of at least six months of imprisonment;~~deleted

2013/07/17
Committee: LIBE

2012/2322(INI)

Rui TAVARES

Draft opinion
Paragraph 1

1. Stresses that protecting minors from exposure to online gambling should remain a major policy objective; underlines the importance of education in raising awareness on the drawbacks of online gambling; notes the need to implement EU-wide standards for age and identity verifications to prevent underage gamblers from accessing remote gambling products;

2013/03/27
Committee: CULT

2012/2322(INI)

Rui TAVARES

Draft opinion
Paragraph 2

2. Recalls that almost 2 % of the European population suffers from gambling addiction; is concerned that easy access to online gambling websites is likely to increase this percentage, especially among young people; considers, therefore, that efficient preventive measures should be enforced, such as the implementation of strict deposit limits; believes that the introduction of school courses on the best uses of the internet could make users more adept in protecting themselves against addiction to online gambling services;

2013/03/27
Committee: CULT

2012/2322(INI)

Rui TAVARES

Draft opinion
Paragraph 3

3. Regrets that sport, amateur ranks in particular, only receives a low financial return on commercial betting activities although it constitutes the main activity area for online gambling; recommends, therefore, the setting of a common minimum percentage of gambling revenues to be redistributed to sports federations, ~~that have to ensure sustainable financing for grassroots~~provided that these funds are earmarked for funding amateur sports and for supporting the non-professional, recreational, educative aspects of sport;

2013/03/27
Committee: CULT

2012/2322(INI)

Rui TAVARES

Draft opinion
Paragraph 4

4. Calls for more cooperation at European level, under the coordination of the Commission, to identify and prohibit online gambling operators engaged in illegal activities such as match-fixing or betting on competitions involving minors; on the Member States to set up regulatory bodies to identify and combat illegal activities in sports betting and to collect, exchange, analyse and disseminate evidence about match-fixing, sports fraud and other forms of corruption in sport, in Europe and beyond; stresses the need for close cooperation with other regulators, including licensing authorities and enforcement bodies and police;

2013/03/27
Committee: CULT

2012/2322(INI)

Rui TAVARES

Draft opinion
Paragraph 4 a (new)

4a. Asks the Commission to ensure that all Member States prohibit betting on competitions involving minors;

2013/03/27
Committee: CULT

2012/2322(INI)

Rui TAVARES

Draft opinion
Paragraph 5

5. ~~Calls on~~Asks the Commission to ~~propose a directive criminalising match-fixing and setting minimum rules on the definition of the offence and sanction~~strongly encourage all Member States to include match-fixing explicitly in their national criminal law with appropriate common minimum sanctions, and ensure that existing loopholes are addressed, fully respecting fundamental rights;

2013/03/27
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Recital A

A. whereas the cultural and creative sectors (CCS), ~~by promoting the spread of innovation in other sectors, play a major role in the economic and social 1 OJ C 377 E, 7.12.2012, p. 135. 2 CdR 2391/2012. development of the Union and are~~encompassing arts, business, technology and the humanities, play a major role in the economic, social and cultural development of the Union by engendering innovation, producing positive externalities, having a benign effect at all the stages of the value chain of various sectors, as well as opening up new employment and investment opportunities, while also being an integral part of the Europe 2020 strategy for a smart, sustainable and inclusive economy;

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Recital B

B. whereas the CCS ~~make a significant contribution to promoting social cohesion and~~are inseparably attached to the development of regions, either by contributing to their further convergence with the Union's most developed parts, or by improving their comparative and competitive advantage, which makes them essential to foster social cohesion and, where inter-regional linkages are established, cultural and linguistic diversity in the Union;

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Recital C

C. whereas the CCS should be recognised ~~both for their intrinsic cultural value and for their major contribution to the Union's economy in terms of growth and job~~as a vector of development for blending cultural heritage with creativity, artistic expression, cultural and social innovation; whereas the specialisations, externalities and division of labour emerging from the penetration of CCS in other sectors of the economy, have a pivotal role in the creation of economic value and the formation of new employment positions;

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Recital D

D. whereas ~~the transition to the~~digitisation across all the stages of production is a clear indication of expanding economies of scale, of shifts in consumer tastes and behaviour, and of emerging markets that rise to meet new forms of demand; whereas, couched in these terms, the transition to the post- industrial digital era represents an clear opportunity for the CCS ~~in terms of the expansion of market~~to bring innovative ideas to fruition by tapping into the potential of new technologies and ~~the~~by develop~~ment of new economic~~ing cross-sectoral, inter- disciplinary business models;

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Recital D a (new)

Da. whereas the current pilot project on ‘Economy of cultural diversity’ should provide an overview on challenges and solutions for CCS;

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Recital E

E. whereas the links between the education system, research centres, training organisations and CCS companies should be strengthened ~~in order to respond appropriately to their needs for specific skills~~, such as in the formation of specialised clusters and interconnected innovation hubs, in order to further increase the value of the Union's human capital and to provide citizens with all the necessary skills to meet the demand for labour;

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Recital F

F. whereas the CCS are ~~an important~~one of the most dynamic element ins of local and regional territorial development strategies ~~for achieving the objectives of social cohesion~~, and best suited to promote diverse social and economic ~~expansion~~models;

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Recital G

G. whereas ~~it is essential to provide the~~the stable and predictable supply of credit is essential for the financing of the operations of CCS; w~~ith access to financing methods which are stable and adapted to their needs in order to ensure their future development~~hereas standard forms of lending can be complemented with guarantee schemes and other kinds of ‘mixed finance’ that would make it easier for micro-entities and ventures involving intangible products to gain access to the liquidity necessary for their business; whereas in times of economic crisis and financial fragmentation across the Economic and Monetary Union, concerted action on the fiscal front may be the only way to facilitate the sustainable development of the CCS and of the economy in general;

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Recital H

H. whereas EU citizens need to be provided with a cultural and artistic education from an early age so as to ~~make them aware of the arts, culture and the richness of Europe's h~~develop their own understanding of arts and culture, develop their voice and awareness of the high diversit~~age, and thereby to promote creativity~~y of cultures present in Europe, and thereby to promote their own creativity and expression;

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Paragraph 2

2. Stresses the need for ~~recent, reliable statis~~fully assessing the actual and potential capacitices o~~n the~~f CCS, in ~~particular as regards their actual situation and their potential in terms of jobs and growth~~terms of their contribution to economic, social and cultural development and their function in the transition towards an integrated, inclusive economic model that will feature interconnected innovation hubs and clusters of inter-disciplinary creation, incorporated in an holistic strategy of development and smart specialisation;

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Paragraph 3

3. ~~Is disappointed~~Believes that the action proposed by the Commission in its communication on the CCS* is limited in both its time horizon and scope; stresses the need to take a1 provides a solid basis for political orientation, which can be improved further in both its time horizon and scope; suggests continuing the work done and complementing it with new data in order to take a holistic, longer-term view of the prospects for these sectors and to draw up a programme of structured and concrete measures so as to align with the Europe 2020 strategy; ~~1 COM(2012)0537.~~Or. en

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Paragraph 4

4. Calls on the Commission to proceed as envisioned with the evaluation of the existing platform for structured dialogue and to act accordingly for its improvement, with a possibility being to bring together, on the basis of the existing platform on the potential of the cultural and creative industries, an expanded forum of the stakeholders in these sectors to develop specific solutions and thereby take an active part in establishing a structured medium- and long-term political programme; 1COM(2012)0537.

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Paragraph 5

5. Believes that it is urgent to communicate more on the importance of the CCS, in particular by acting as a mediator with other economic sectors to pass on and enhance their contribution in terms of innovation, optimise exchange between sectors, promote the formation of innovation centres and attract investorsAsks the Commission to continue to develop studies and collect data on the economic and social role of the CCS, in particular as the overriding element across various economic sectors, and calls on the Commission and the Member States to insist on the pivotal role of CCS in innovation, with a view to creating cross- sectoral linkages, producing agglomeration and cluster effects and providing new opportunities for investment and employment;

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Paragraph 6

6. Emphasises the very di~~sparat~~verse nature of the cultural and creative ecosystems, ~~and stresses the need to address this by promoting the emergence of a common identity through the creation of areas of dialogue~~which is all too often viewed as an obstacle in the realisation of a unified single market, instead of being recognised for its richness, inspiring strength and development potential, and therefore recommends that the CCS better communicate on their strengths and establish modes of dialogue with other economic and social actors at local, regional and Union levels;

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Paragraph 7

7. Calls for a territorial basis to be developed and for exchanges to be optimised so as to attract investors in order to enable the various cultural and creative enterprises to continue to promote growth and create jobsStresses that a long-term development strategy, incorporating CCS, requires linkages to be drawn between sectors and actors at the local, regional and Union levels, so as to foster inter-disciplinary creation, cross-sectoral interactions and inter-cultural development;

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Paragraph 9

9. ~~Considers it necessary~~Urges the Member States to strengthen the links between t~~raining institutions, including universities,~~he education system, research centres, training organisations and CCS companies, in order to create ~~greater synergies~~more inclusive cross-sectoral and inter- disciplinary synergies, further increase the value of the Union's human capital and ensure a ~~bett~~closer match between the supply of training and these sectors' specific skills requirements;

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Paragraph 13 a (new)

13a. Urges Member States to take into consideration appropriate support and funding for the CCS in their social and economic policies;

2013/06/01
Committee: CULT

2012/2302(INI)

Rui TAVARES

Motion for a resolution
Paragraph 16

16. Notes that the structural funds offer substantial opportunities in terms of funding for culture, creativity and innovation in the Union, given that culture-based investments can receive funding under all three objectives of Cohesion Policy, namely convergence, regional competitiveness and employment;

2013/06/01
Committee: CULT

2012/2136(INI)

Rui TAVARES

Motion for a resolution
Recital A

A. whereas, although the financial and economic crisis affects, to varying degrees, all regions in the world, including the European Union, the scope of the present resolution is to assess the impact of the financial and economic crisis in third countries, with the main focus on developing and least developed countries;

2012/12/18
Committee: AFET

2012/2136(INI)

Rui TAVARES

Motion for a resolution
Recital A a (new)

Aa. whereas the financial crisis and the budgetary pressure that it has put on the governments of some EU Member States has resulted in a wave of privatizations whereby public companies have been sold to state companies of authoritarian regimes, thus creating a situation of financial dependence on third countries by the governments of these EU Member States; whereas this dependence has consequences for the development of the human rights situation, both in the Member State and these countries and also in other countries where changes in the diplomatic influence of the EU in regard to other global powers may be decisive with regard to the respect and upholding of human rights;

2012/12/18
Committee: AFET

2012/2136(INI)

Rui TAVARES

Motion for a resolution
Recital B

B. whereas the financial and economic crisis has become intertwined with numerous other crises, for instance food, ecological, energy and social crises;

2012/12/18
Committee: AFET

2012/2136(INI)

Rui TAVARES

Motion for a resolution
Recital C a (new)

Ca. whereas the roots of the crisis lie in factors varying from country to country, there is undeniably a link between corruption and the financial crisis; whereas corruption impedes democracy and the rule of law and directly affects the population since it increases the price for public services, lowers its quality and often restricts poor people's access to water, education, health care and many other key services;

2012/12/18
Committee: AFET

2012/2136(INI)

Rui TAVARES

Motion for a resolution
Recital I a (new)

Ia. whereas the current economic crisis carries significant implications for democracy and governance assistance by the European Union and other major donors; whereas economic difficulties for donor countries are likely to encourage reductions in overseas assistance, but whereas the global crisis makes it all the more important to sustain support for political reform and democratic development in third countries;

2012/12/18
Committee: AFET

2012/2136(INI)

Rui TAVARES

Motion for a resolution
Paragraph 1 a (new)

1a. calls on the EU Member States affected by the crisis not to make concessions on human rights principles in their diplomatic relations with third countries because of budgetary and fiscal pressures at home and growing foreign or external dependence, including any occasional affiliation with authoritarian regimes;

2012/12/18
Committee: AFET

2012/2136(INI)

Rui TAVARES

Motion for a resolution
Paragraph 26 a (new)

26a. Stresses that the events of the Arab Spring have revealed a number of shortfalls in EU policies towards the region, including the situation of young people, who face mass unemployment and a lack of prospects in their countries; calls on the EU to better tackle the effects of financial crisis in third countries, including by taking into consideration reports by civil society organisations;

2012/12/18
Committee: AFET

2012/2136(INI)

Rui TAVARES

Motion for a resolution
Paragraph 38

38. Emphasises that there is a need for further research and analysis on the impact of the financial and economic crisis on various regions, including in the EU and in its relations with third countries, and a need to improve the monitoring of early signals of global and regional crises; stresses that disaggregated data should be more prominent in research and policy planning in order to better capture and address the problems facing the poorest and most vulnerable members of society; calls on the Commission and the Member States to provide financial support for the UN innovation laboratory ‘Global Pulse’, launched by the UN Secretary General in 2009, with the aim of collecting and analysing the data required for a better understanding of the impact of the financial and economic crisis on vulnerable sections of the population and providing appropriate policy responses;

2012/12/18
Committee: AFET

2012/2136(INI)

Rui TAVARES

Motion for a resolution
Paragraph 39

39. Instructs its President to forward this resolution to the Council, the Commission, the European External Action Service (EEAS), the EU Special Representative for Human Rights, the governments and parliaments of the Member States and the Office of the UN High Commissioner for Human Rights.

2012/12/18
Committee: AFET

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Citation 13

– having regard to the Fundamental Law of Hungary, adopted on 18 April 2011 by the National Assembly of the Hungarian Republic, which entered into force on 1 January 2012 (hereinafter referred to as ‘the Fundamental Law’), and the transitional provisions of the Fundamental Law of Hungary, adopted on 30 December 2011 by the National Assembly, which also entered into force on 1 January 2012 (hereinafter referred to as ‘the tTransitional pProvisions’), This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Citation 15

– having regard to the Second Amendment of the Fundamental Law, tabled on 18 September 2012 in the form of an individual member's bill and adopted by the Hungarian Parliament on 29 October 2012, introducing the requirement of voter registration into the ~~Fundamental Law~~Transitional Provisions,

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Citation 17

– having regard to the Fourth Amendment of the Fundamental Law, tabled on 8 February 2013 in the form of an individual member's bill and adopted by the Hungarian Parliament on 11 March 2013, which, among other provisions, integrates into the text of the Fundamental Law the tTransitional pProvisions (with thsome exception ofs including the provision requiring voter registration) annulled by the Constitutional Court of Hungary on 28 December 2012 on procedural grounds (Decision No 45/2012), and remaining provisions of a real transitional nature in this document,

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Citation 28

– having regard to the letter of 8 March 2013 sent by the Hungarian Minister of Foreign Affairs, Mr János Martonyi, to all his counterparts in the Member States of the EU explaining the purpose of the Fourth Amendment,

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Recital V

V. whereas the comprehensive and systematic constitutional and institutional reforms (a root-and-branch revision of the legal system), which the new Hungarian Government and Parliament has carried out in an exceptionally short time frame6 is unprecedented, and explains why so many European institutions and organisations (the European Union, Council of Europe, OSCE) as well as the U.S. Administration have deemed it necessary to assess the impact of some reforms carried out in Hungary, whereas the situation in other Member States, although following a different pattern, may also need to be monitored, while enforcing the principle of equality of the Member States before the Treaties, and whereas there should be no double standards in the treatment of Member States;

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Recital X

X. whereas the adoption of the Fundamental Law of Hungary – which was passed on 18 April 2011, exclusively with the votes of the members of the governing coalition and on the basis of a draft text prepared by the representatives of the governing coalition – was conducted in the exceptionally short time frame of ~~one month~~35 calendar days calculated from the presentation of proposal (T/2627) to the Parliament, thus restricting the possibilities for a thorough and substantial debate with the opposition parties and civil society on the draft text;

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Recital AA

AA. whereas~~, despite that Decision,~~ the Fourth Amendment to the Fundamental Law, adopted on 11 March 2013, integrates into the text of the Fundamental Law ~~all~~most of the tTransitional pProvisions annulled by the Constitutional Court, ~~with the exception of~~ as well as other provision ~~requiring electoral registration, as well as other previously- annulled provisions~~s found unconstitutional previously;

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Recital AF b (new)

AFb. whereas, under the Fundamental Law, the possibility for two new kinds of constitutional complaint to the Constitutional Court has been introduced, while the actio popularis for ex post review has been abolished;

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Recital AG

AG. whereas, under the Fundamental Law, the powers of the Constitutional Court ~~to review budget-related laws~~of ex post review of the constitutionality of budget-related laws from a substantive point of view have been substantially limited to violations of an exhaustive list of rights, thus obstructing the review of constitutionality in cases of breaches of other fundamental rights, such as the right to property, the right to a fair trial and the right not to be discriminated against;

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Recital AL

AL. whereas the new Freedom of Information Act, adopted in July 2011, abolished the institution of the Commissioner on Data Protection and Freedom of Information, thus prematurely terminating the six-year-long mandate of the Commissioner and transferring its powers to the newly-established National A~~genc~~uthority for Data Protection; wh~~ose independence is~~ereas such changes are currently under review by the Court of Justice of the European Union;

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Recital AP

AP. whereas key safeguards for judicial independence, such as irremovability, guaranteed term of office, the structure and composition of the governing bodies, are not regulated in the ~~Constitution~~Fundamental Law but are – together with detailed rules on the organization and administration of the judiciary – still set out in the amended cardinal laws,

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Recital AU

AU. whereas on 11 March 2013 the Hungarian Parliament adopted Act No XX of 2013 amending the upper age limits with a view to partly complying with the rulings of the Hungarian Constitutional Court of 16 July 2012 and of the Court of Justice of the European Union of 6 November 2012;

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Recital CC

CC. whereas the Constitutional Court in that Decision, while not questioning the right of the parliament to specify the substantive conditions for recognition as a church, considered that the recognition of church status by a vote in Parliament might result in politically biased decisions, and whereas the Constitutional Court declared that the Act did not contain any obligation to provide detailed reasoning of a decision which refuses recognition of church status, that no deadlines were specified for the parliament's actions and that the Act did not ensure the possibility of effective legal remedy in cases of refusal or lack of a decision;

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Paragraph 4

4. Takes note of the above-mentioned Decision of 28 December 2012 of the Constitutional Court declaring that the Hungarian Parliament exceeded its legislative authority when it enacted a number of tpermanent and general rules in the Transitional pProvisions of the Fundamental Law ~~containing permanent and general rules~~,

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Paragraph 9

9. Considers that use of the individual members' bills procedure to implement the constitution (through cardinal laws) does not constitute a transparent, accountable and democratic legislative process as i~~n practice it restricts public~~t lacks the guarantees of ensuring meaningful social debate and consultation, and that it could run counter to Fundamental Law itself, which makes it an obligation for the government (and not individual members) to submit to the parliament the bills necessary for the implementation of the Fundamental Law;

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Paragraph 12

12. ~~Considers~~Welcomes the introduction of a possibility for two new types of constitutional complaint to the Constitutional Court; considers, however, that the limitation of constitutional jurisdiction relating to the laws on the central budget and taxes is in contradiction with the requirements of democracy, the rule of law and the principle of judicial review, as it weakens the institutional and procedural guarantees for the protection of a number of constitutional rights and for controlling the parliament's and the government's powers in the budgetary field;

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Paragraph 14

14. Considers that ~~after the entry into force of the Fourth Ame~~in light of the systematic amendments of the Fundamental Law at political will the Constitutional Court can no longer fulfil its role as the supreme body of constitutional protection ~~as the legislature is now entitled to modify the Fu~~, especially since the Fourth Amendament~~al Law as it wishes even in the case of the~~ explicitly prohibits the Court to review constitutional amendments contradicting other constitutional requirements and principles;

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Paragraph 30

30. Regrets, however, that not all the recommendations of the Venice Commission have been implemented, in particular as regards the need to limit discretionary powers of the President of the National Judicial Office in the context of the transfer of cases, which potentially affect the right to a fair trial and the pri~~nciple of~~ght to a lawful judge;

2013/05/22
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Paragraph 32

32. Regrets, however, that as regards presiding judges, Act XX of 2013 provides for their reinstatement in their original executive posts only if these judicial positions are still vacant, with the consequence that ~~not all~~only a few unlawfully dismissed judges are guaranteed to be reinstated in exactly the same position with the same duties and responsibilities they were holding before their dismissal;

2013/05/29
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Paragraph 36

36. Welcomes the continued constructive dialogue with international actors and stresses that the fruitful cooperation between the Council of Europe and the Hungarian Government bore tangible results, as reflected in Act XXXIII of 2013, which address s~~everal~~ome of the concerns previously highlighted in the legal assessments of media legislation, notably in relation to the appointment and election procedures for the presidents of the Media Authority and the Media Council;

2013/05/29
Committee: LIBE

2012/2130(INI)

Rui TAVARES

Motion for a resolution
Paragraph 76

76. Invites the Commission and the Council to each designate a representative who, together with the Parliament's rapporteur (‘Article 2 Trilogue’), will carry out an assessment of the information sent by the Hungarian authorities on the implementation of the recommendations contained in paragraph 61, as well as follow up on future possible modifications ensuring their compliance with Article 2;

2013/05/29
Committee: LIBE

2012/2088(INI)

Barbara LOCHBIHLER, Rui TAVARES

Motion for a resolution
Paragraph 1 – point e

(e) in order to achieve these objectives, the EUSR, while acting under the authority of the High Representative, should be granted a strong, independent and flexible mandate not defined by narrow and specific thematic responsibilities but rather allowing the EUSR to act swiftly and effectively; in line with the actions and priorities set out in the Action Plan, the EUSR for HR should also address different horizontal issues contributing to more effective and coherent action in EU external policies; the scope of the EUSR's mandate should be fully in line with the principles of universality and indivisibility of human rights and fundamental freedoms, and to the policy objectives laid down in Article 21 of TEU and should cover, inter alia, strengthening democracy, rule of law and institution building, fight against impunity, international justice, international humanitarian law, abolition of the death penalty, fight against torture, human rights defenders, freedoms of ~~religion or belief, freedom of expression, child protection, gender issues, persons with~~expression, association and assembly, child protection, gender issues fight against discrimination in all its forms being based on sex, sexual orientation or sexual identity, racial or ethnic origin, religion or belief, disabilit~~ies~~y , as well as women, peace and security;

2012/05/16
Committee: AFET

2012/2062(INI)

Rui TAVARES

Motion for a resolution
Paragraph 1 a (new)

1 a. Calls on the EU to move from words to action and implement the pledges made in a swift and transparent manner; stresses that the EU Strategic Framework and Action Plan on Human Rights and Democracy represent a floor, not a ceiling, for EU human rights policy and insists that EU institutions and EU Member States will now have to exercise a firm, coherent, and uniform approach to human rights abuses worldwide, in a transparent and accountable manner;

2012/09/28
Committee: AFET

2012/2062(INI)

Rui TAVARES

Motion for a resolution
Paragraph 5

5. Insists that all Commission Directorates- General and the EEAS carry out detailed assessments of the legal implications of the Charter of Fundamental Rights for the external aspects of their policy and of their compliance with the provisions of the Charter as it applies to all action taken by the EU institutions; commits itself to the same exercise; ~~welcomes~~calls for the setting-up of an inter-service group composed of Commission and EEAS officials and tasked with identifying a clear and effective methodology for internal and external EU action on the basis of the internationally agreed principle that states should protect, respect and promote human rights; encourages its parliamentary committees to make use of the relevant provision under Rule 36 of its Rules of Procedure, allowing them to verify the conformity of a proposal for a legislative act with the Charter of Fundamental Rights, including proposals relating to external financial instruments;

2012/09/28
Committee: AFET

2012/2062(INI)

Rui TAVARES

Motion for a resolution
Paragraph 11 a (new)

11 a. Recommends that the human rights strategies be made public or at least, an overview of key priorities contained in these strategies; stresses that public strategies would serve to demonstrate the EU's commitment to human rights in third countries and would provide critical support to those struggling to exercise and protect their human rights;

2012/09/28
Committee: AFET

2012/2062(INI)

Rui TAVARES

Motion for a resolution
Paragraph 12

12. Believes that th~~e EU Strategic Framework on Human Rights and Democracy and the accompanying action plan, which have a~~is three-year timeframe, document will rationalise country priority objectives, inter alia by covering thematic EU guidelines and related local strategies so as to provide a coherent framework for all EU action; calls for prompt finalisation of all human rights country strategies, their rapid implementation and an assessment of best practices; is convinced that these strategies will allow accurate annual assessments of the implementation of the human rights clauses set out in framework agreements;

2012/09/28
Committee: AFET

2012/2062(INI)

Rui TAVARES

Motion for a resolution
Paragraph 13 a (new)

13 a. Welcomes the commitment made in the Strategic Framework to place human rights at the centre of EU relations with third countries, including with strategic partners; in this light, calls on the EU to adopt annual Foreign Affairs Council conclusions on the EU's strategic partners to establish a common bar for EU Member states and EU officials in terms of human rights concerns that they, as a minimum, have to raise with their relevant counterparts;

2012/09/28
Committee: AFET

2012/2062(INI)

Rui TAVARES

Motion for a resolution
Paragraph 21

21. Stresses that human rights and democracy objectives necessarily require specific, measurable, achievable, time- bound public criteria aimed at assessing the level of respect for fundamental freedoms, human rights and rule of law; considers, in this connection, that the EU should make full use of the relevant instruments and expertise of the UN and of the Council of Europe and should clearly differentiate its political conclusions from a legal and technical evaluation;

2012/09/28
Committee: AFET

2012/2062(INI)

Rui TAVARES

Motion for a resolution
Paragraph 22

22. Recommends that the EEAS develop a set of qualitative and quantitative indicators and country-specific public benchmarks that could serve as a coherent and consistent basis for the annual assessment of EU policies in the framework of the human rights country strategies and the human rights dialogues with third countries;

2012/09/28
Committee: AFET

2012/2062(INI)

Rui TAVARES

Motion for a resolution
Paragraph 29

29. Commits itself to ensuring more systematic follow-up of its resolutions relating to human rights and of individual human rights cases, through developing a follow-up mechanism with the support of the recently established Human Rights Action Unit, and recommends increased cooperation between the Subcommittee on Human Rights and the Committee on Budgetary Control, and with the Court of Auditors, in order to ensure that the objectives of the strategic review will be matched by adequate financial support from the Union;

2012/09/28
Committee: AFET

2012/2062(INI)

Rui TAVARES

Motion for a resolution
Paragraph 30

30. Recommends that Parliament improve its own procedures in relation to human rights issues and step up efforts to mainstream human rights effectively into its own structures and processes in order to ensure that human rights and democracy are at the core of all parliament actions and policies, including through the revision of its Guidelines for EP Interparliamentary Delegations on promoting human rights and democracy; is of the opinion that each standing delegation and committee of Parliament should have a Member, selected among its Chair and Vice-Chairs, specifically tasked with monitoring the human rights portfolio on the region or country concerned, and that the persons designated should report regularly to Parliament's Subcommittee on Human Rights; calls for improved cooperation on human rights issues with the EU's national parliaments; stresses the need for a revision of the model for the plenary debates on cases of breaches of human rights, democracy and the rule of law in order to allow for more frequent debates with broader participation by Members, structured consultations with civil society during the drafting process, a greater degree of responsiveness to human rights violations and other unforeseen events on the ground, and greater potential for follow-up to past debates and resolutions;

2012/09/28
Committee: AFET

2012/2062(INI)

Rui TAVARES

Motion for a resolution
Paragraph 30 a (new)

30 a. Recommends that Parliament, in cooperation with EU national parliaments, organize an annual event on human rights defenders, with the participation of human rights defenders from around the world, which would provide Parliament with an annual opportunity to demonstrate its support for human rights defenders worldwide and help advance their rights to speak up and pursue their rights in their own respective countries;

2012/09/28
Committee: AFET

2012/2050(INI)

Motion for a resolution
Paragraph 53 a (new)

53 a. Recalls the European Parliament resolution of 25 November 2010 on the situation in Western Sahara; urges Morocco and the Polisario Front to continue negotiation for a peaceful and long-lasting solution of the Western Sahara conflict and reiterates the rights of the Sahrawi people to self determination which should be decided through a democratic referendum, in accordance with the relevant United Nations resolutions; condemns the ongoing violation of the human rights of the Sahrawi people; calls for the release of the Sahrawi political prisoners; welcomes the statements by 11 countries during the 13 th session of the Universal Periodic Review of the United Nations raising concerns on the situation in Western Sahara;

2012/06/26
Committee: AFET

Rui TAVARES

Proposal for a regulation
Recital 24

(24) In line with the Commission Communication of December 2010 on reinforcing sanctioning regimes in the financial sector and in order to ensure that the requirements set out in this Regulation are fulfilled, it is important that Member States take necessary steps to ensure that breaches of this Regulation are subject to appropriate administrative sanctions and measures. In order to ensure that sanctions have a dissuasive effect and to strengthen investors' protection by warning them about investment products marketed in breach of this Regulation, sanctions and measures should normally be published, except in certain well defined circumstances. The adoption and publication of sanctions should respect fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, in particular the respect of personal data and the right to an effective remedy and to a fair trial. It should also comply with the principles of individual guilt, legal certainty, non- retroactivity, ne bis in idem as well as the presumption of innocence.

2013/03/01
Committee: LIBE

2012/0169(COD)

Rui TAVARES

Proposal for a regulation
Article 18 – paragraph 2

2. In the exercise of their powers in Article 19, competent authorities shall cooperate closely to ensure that the administrative measures and sanctions produce the desired results of this Regulation and coordinate their action in order to avoid possible duplication and overlap when applying administrative measures and sanctions to cross border cases, with full respect for the principle of ne bis in idem.

2013/03/01
Committee: LIBE

2012/0169(COD)

Rui TAVARES

Proposal for a regulation
Article 20 – subparagraph 1 – point e

(e) any previous breaches of the substantive obligations under this regulation by the responsible person.

2013/03/01
Committee: LIBE

2012/0036(COD)

Rui TAVARES

Proposal for a directive
Recital 16

(16) Property frozen with a view to later confiscation should be managed adequately in order not to lose its economic value, to encourage its social reuse and to avoid the risk of further criminal infiltration. Towards that end it would be useful to consider the formation of a European fund that will concentrate a fraction of the confiscated assets from Member States. Such fund should then be open to pilot projects by European citizens, associations, coalitions of NGOs and any other organization of civic society, to encourage the effective social reuse of the confiscated assets and to expand the democratic functions of the European Union. Member States should take the necessary measures including sale or transfer of the property to minimise such losses and to favour the social aims. Member States should take relevant measures, such as the establishment of national centralised Asset Management Offices or equivalent mechanisms (for example where such functions are decentralised), in order to properly manage the assets frozen before confiscation and preserve their value, pending judicial determination.

2013/01/08
Committee: LIBE

2012/0036(COD)

Rui TAVARES

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

(1) ‘proceeds’ means any direct economic advantage derived from a criminal offence; it may consist of any form of property and includes any subsequent reinvestment or transformation of direct proceeds by a suspected or accused person and any valuable benefits;

2013/01/08
Committee: LIBE

2012/0036(COD)

Rui TAVARES

Proposal for a directive
Article 4 – paragraph 1

1. Each Member State shall adopt the necessary measures to enable it to confiscate, either wholly or in part, property belonging to a person convicted of a criminal offence where, based on specific facts, a ~~court finds it substantially more probable~~nd after full utilization of all evidence a court is convinced that the property in question has been derived by the convicted person from similar criminal activities than from other activities.

2013/01/08
Committee: LIBE

2012/0036(COD)

Rui TAVARES

Proposal for a directive
Article 5 – paragraph 1 – introductory part

Each Member State shall take the necessary measures to enable it to confiscate proceeds and instrumentalities without a criminal conviction, ~~following proceedings which could~~if a court, based on specific facts ad after full utilization of all evidence, is convinced that following proceedings would have led to a criminal conviction, if the suspected or accused person had been able to stand trial, ~~have led to a criminal conviction,~~ where:

2013/01/08
Committee: LIBE

2012/0036(COD)

Rui TAVARES

Proposal for a directive
Article 8 – paragraph 3

3. Each Member State shall take the necessary measures to ensure that the accused or convicted person has the opportunity to challenge the application for confiscation before an independent judicial authority. They shall be given access to material evidence in accordance with the Directive on the right to information in criminal proceedings; have at least the right to be heard, the right to ask questions and the right to provide evidence before a final decision on confiscation is taken. Each Member State shall take the further necessary measures to ensure that reasons are given for any decision to confiscate and that the decision is communicated to the person affected. Each Member State shall provide for the effective possibility to appeal against the decision to confiscate before a court by the persons whose property is affected.

2013/01/08
Committee: LIBE

2012/0036(COD)

Rui TAVARES

Proposal for a directive
Article 9 – paragraph 1

Each Member State shall take the necessary measures to make it possible to determine the precise extent of the property to be confiscated following a final conviction for a criminal offence or following proceedings as foreseen in Article 5, that has resulted in a decision to confiscate, and to allow further measures to be taken to the extent necessary to effectively execute that decision to confiscate. The decision must be proportionate and take into account any hardship to the accused or convicted person or any affected person.

2013/01/08
Committee: LIBE

2012/0036(COD)

Rui TAVARES

Proposal for a directive
Article 10 – paragraph 2

2. Each Member State shall ensure that the measures referred to in paragraph 1 encourage the social reuse and optimise the economic value of such property, and shall include the sale or transfer of property which is liable to decline in value. Each Member State shall take the necessary measures to prevent any criminal infiltration in this phrase.

2013/01/08
Committee: LIBE

2012/0022(APP)

Rui TAVARES

Draft opinion
Citation 5 a (new)

– having regard to Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (European Citizenship),

2013/03/28
Committee: CULT

2012/0022(APP)

Rui TAVARES

Draft opinion
Recital B

B. whereas the~~re are~~ existence and activities of foundations ~~operating~~ in the Union~~, particularly~~ are crucial in the fields of education, ~~research, social and health provision, protection of the environment, youth and sport, as well as arts and culture, which~~arts and culture, youth and sport, and have an impact far beyond national borders;

2013/03/28
Committee: CULT

2012/0022(APP)

Rui TAVARES

Draft opinion
Recital E

E. whereas, ~~particularly when national budgets are tigh~~in a time of tight national budgets, particularly for cultural, artistic activities, education and sport, the financial and social commitment of foundations is essential, although they can only complement, and cannot replace, the state in the pursuit of public-benefit purposes;

2013/03/28
Committee: CULT

2012/0022(APP)

Rui TAVARES

Draft opinion
Recommendation ii

(ii) Encourages the Member States to use the momentum to work for the swift introduction of the Statute on a comprehensive basis, with all guarantees of transparency, so that barriers to foundations’ cross-border work can be dismantled and new foundations can be set up for the benefit of European citizens generally;

2013/03/28
Committee: CULT

2012/0022(APP)

Rui TAVARES

Draft opinion
Recommendation iv

(iv) Welcomes the fact that the Statute lays down minimum standards in terms of ~~transparency,~~ accountability, supervision, origin and use of funds, which can, in turn, se~~rve both citizens and donors as a form of quality label~~cure confidence and prompt a EU development of activities for the benefit of all citizens;

2013/03/28
Committee: CULT

2012/0022(APP)

Rui TAVARES

Draft opinion
Recommendation v

(v) Notes~~, however,~~ that to underpin confidence in the FE, the sustainability, seriousness and viability of foundations, as well as the effectiveness of their supervision, must be core criteria, and suggests, in this regard, that:

2013/03/28
Committee: CULT

2012/0022(APP)

Rui TAVARES

Draft opinion
Recommendation v – indent 2

~~– only larger foundations, with total assets above a set level, should be required to have their annual accounts audi~~deleted;

2013/03/28
Committee: CULT

2012/0011(COD)

Rui TAVARES

Proposal for a regulation
Article 11 – paragraph 2 a (new)

2a. The controller shall provide and communicate its data protection policies through an easily understandable icon- based mode of description for the different types of data processing, their conditions and consequences. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of specifying such icon-based mode of description. Such an icon based mode shall include information relating to the purpose of processing, whether the data will be disclosed to third parties and the purposes of such a disclosure, about tracking systems, information and availability of remedies, on available and effective contact points of the data controller, information on data security policies and measures implemented by the controller, and information on the duration of storage.

2013/03/04
Committee: LIBE

2012/0011(COD)

Rui TAVARES

Proposal for a regulation
Article 86 – paragraph 5 a (new)

5a. The Commission shall adopt the delegated act under Article 11(2a) not later than one year after the entry into force of the regulation. The Commission may extend the deadline by 6 months.

2013/03/08
Committee: LIBE

2011/2284(INI)

Rui TAVARES

Draft opinion
Paragraph 8

8. Believes that coordination within the EU should be strengthened and enhanced ~~first and foremost between civilian and military actors~~between all actors involved;

2012/02/29
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Draft opinion
Paragraph 1

1. Stresses that free and independent media are one of the foundations of democracy and the rule of law; notes the role of free media and the free exchange of information in the democratic transformations taking place in non- democratic regimes; calls on the Commission to support iand~~ependent media whose activities are restricted by authoritarian regimes~~ ensure the existence of independent media;

2012/04/13
Committee: CULT

2011/2246(INI)

Rui TAVARES

Draft opinion
Paragraph 1 a (new)

1 a. Underlines that the primary concern of media businesses may be financial profit, media remains an ideological and political tool of considerable influence, which should not be treated solely on economic terms;

2012/04/13
Committee: CULT

2011/2246(INI)

Rui TAVARES

Draft opinion
Paragraph 1 b (new)

1 b. Notes that an increasing proportion of journalists find themselves employed under precarious conditions, lacking social guarantees common on the normal job market;

2012/04/13
Committee: CULT

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Citation 8

– having regard to the work carried out by OSCE on media freedom, and in particular by its Representative on Freedom of the Media, ~~and~~ the related reports, and the speech delivered through video in the hearing of the Civil Liberties Committee on media freedom on 6 November 2012,

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Draft opinion
Paragraph 1 c (new)

1 c. Stresses that commercial publications are increasingly using user-generated content, especially audiovisual content for a nominal fee, raising questions of unfair competition among media professionals;

2012/04/13
Committee: CULT

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Citation 10 a (new)

– having regard to the independent study "The indicators for media pluralism in the Member States - Towards a risk-based approach" requested by the Commission in 2007 and issued in 2009, drafted by K.U.Leuven – ICRI, Jönköping International Business School - MMTC, Central European University - CMCS and Ernst & Young Consultancy Belgium,

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES, Judith SARGENTINI

Motion for a resolution
Citation 10 a (new)

– having regard to the ongoing citizens' initiative 'European Initiative for Media Pluralism'1, __________________ 1 www.mediainitiative.eu

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Citation 12 a (new)

– having regard to the report of the EP Committee on Culture and Education on the "Public service broadcasting in the digital era: the future of the dual system" (2010/2028(INI)),

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Citation 12 b (new)

– having regard to the report of the European Parliament's Committee on Culture and Education on concentration and pluralism in the media in the European Union (2007/2253(INI)),

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Recital A a (new)

Aa. whereas freedom of the media is a cornerstone of the values enshrined in the Treaties, such as democracy, pluralism, and respect for the rights of minorities and whereas the history thereof, under the name of "freedom of the press", has been constitutive of the progress of democratic ideas and of the development of the European ideal in history;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Draft opinion
Paragraph 2

2. Strongly emphasises the educational and cultural role of the public media; suggests that the commercial activities of the public media should solely complement the promotion of culture and their educational mission;deleted

2012/04/13
Committee: CULT

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Recital A b (new)

Ab. whereas freedom of expression in the public sphere has been shown to be formative of democracy and the rule of law itself, and coaxial to its existence and survival;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Recital A c (new)

Ac. whereas an autonomous and strong public sphere, based upon independent and plural media, constitutes the essential environment where the collective freedoms of civil society, such as the right of assembly and association, as well as the individual freedoms, such as the right to freedom of expression and the right of access to information can thrive;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Recital A d (new)

Ad. whereas media freedom, pluralism and the independence of journalism are essential elements to the very exercise of the media service throughout the entire Union, and particularly in the single market; thus any restrictions to media freedom, pluralism and the independence of journalism are restrictions to the freedom of opinion and also to economic freedom;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Recital A e (new)

Ae. whereas information by its own nature, and in particular in view of the technological changes of the last decades, goes beyond geographical boundaries and performs a crucial role in informing national communities living abroad, and provides tools that allow for the mutual knowledge and understanding across borders and state; whereas including online, but not limited to it, media have acquired a global character on which the expectations and needs of the public and in particular consumers of information, are now dependant;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Draft opinion
Paragraph 2 a (new)

2 a. Recalls that the European Court of Human Rights has derived a positive obligation for Member States to ensure media pluralism from Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which includes similar provisions to those contained in Article 11 of the Charter of Fundamental Rights;

2012/04/13
Committee: CULT

2011/2246(INI)

Rui TAVARES

Draft opinion
Paragraph 2 b (new)

2 b. Recalls the importance of enabling the implementation of an already existing Media Pluralism Monitoring Tool for assessing media freedom across the EU on the basis of the framework already developed and described in an independent study on "Indicators for Media Pluralism in the Member States – Towards a Risk-Based Approach" ordered by the EC in 2007;

2012/04/13
Committee: CULT

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Recital B a (new)

Ba. whereas an European-wide public sphere based upon continuous and uninterrupted respect for media freedom and pluralism is a crucial element for the integration process of the Union in accordance with the values enshrined in the Treaties, the accountability of European Institutions and development of European democracy, for example in what regards the elections for the European Parliament;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Draft opinion
Paragraph 2 c (new)

2 c. Recalls the European Parliament's Resolution of 25 November 2010 on "public service broadcasting in the digital era: the future of the dual system", which stresses the important societal role of public service media;

2012/04/13
Committee: CULT

2011/2246(INI)

Rui TAVARES

Draft opinion
Paragraph 3

3. Notes the dynamic changes in the media world that are redefining the arena of information exchange~~; draws attention to the fact that the development of the Internet is opening possibilities for unrestricted, individual expression by citizens of EU Member States and other countries~~ and that the mere existence of online media does not ensure per se freedom of speech;

2012/04/13
Committee: CULT

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Recital G

G. whereas on 16 January 2007 the Commission launched a ‘three-step approach’, comprising a Commission Staff Working Paper on Media Pluralism, an independent study on media pluralism in EU Member States, with indicators for assessing media pluralism in the EU Member States (in 2007), and a Commission Communication on the indicators for media pluralism in the EU Member States (in 2008), followed by a public consultation12 ; whereas the media pluralism tool developed in the independent study was not yet implemented;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to maintain a balance between protecting copyright and prosecuting piracy and the freedom to share information online; stresses that control of the media and individual Internet users is only possible in connection with violations of the Member States' laws, and cannot be a means of censorship and restricting freedom of speech.deleted

2012/04/13
Committee: CULT

2011/2246(INI)

Rui TAVARES

Draft opinion
Paragraph 4 a (new)

4 a. Notes that in a multi-media society, where the number of purely commercially-driven global market players has increased in recent years, a strong public service media is essential to guarantee a pluralistic media landscape, as long as it can keep its necessary distance from governmental influence;

2012/04/13
Committee: CULT

2011/2246(INI)

Rui TAVARES

Draft opinion
Paragraph 4 b (new)

4 b. Stresses that there is a strong need to support a new business model for journalism that would ensure the distinction of infotainment from true information;

2012/04/13
Committee: CULT

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Recital L

L. whereas concerns arise in relation to the challenges facing public service broadcasters in terms of editorial independence, staff recruitment, self censorship, pluralism, neutrality and quality of information, access and funding, caused by undue political and financial interference, as well as the economic crisis;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Draft opinion
Paragraph 4 c (new)

4 c. Recalls that the current financial crisis puts media pluralism on risk and has originated problems of freedom of speech and censorship that affected the public media in several Member States;

2012/04/13
Committee: CULT

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Recital M a (new)

Ma. whereas the European public has, throughout numerous inquests, opinion studies and public initiatives, voiced its concerns about a deterioration of the state of media freedom and pluralism, and repeatedly demanded EU action for the preservation of media freedom and development of a strong, independent and plural mediascape;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Recital M b (new)

Mb. whereas petitions have been sent to the European Parliament regarding the same concerns and demands by citizens, thereby showing a request for action on the part of the European institutions, and namely the Parliament;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Recital M c (new)

Mc. whereas the technological changes brought by the internet, personal computing, and more recently mobile computing have profoundly changed the informational infrastructure in ways that have had consequences on the business model of more traditional media, in particular its reliance on the advertisement market, thereby imperilling the survival of media titles that perform an important civic and democratic role; whereas it is therefore the obligation of public authorities, at the Member State as well as the Union level, to create a toolbox available during this transition period that will help guarantee the survival of the values and tasks performed by independent media, regardless of the technological platform they will assume now or in the future; in this respect calls on the Commission to conduct a study on the effects of technological changes on the media business model and its consequences for media freedom and pluralism;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Recital M d (new)

Md. whereas the recent economic crisis has made the difficulties of media titles worse and, by the increasing precariousness of the journalist's role, made the mediascape more vulnerable to economic or political pressure, as well as more fragile in itself; these phenomena have had special consequences in the journalistic genres that are more expensive or take more time to develop, such as investigative journalism, reportage, and the posting of international and European correspondents; whereas these types of journalism are essential to guarantee the responsabilization and accountability of public and political authorities, to stop abuses of economic and institutional power, and to ensure the uncovering and prosecution of criminal activity in the social, environmental or humanitarian areas; calls on the Commission to conduct a study on the effects of the crisis and of precarious employment on the journalistic community with a view to analyse and try to remedy the consequences thereof to media freedom and pluralism;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Recital M e (new)

Me. whereas technological change, a diverse population of independent journalistic professional, and the acquisition of the plural competences needed to gather and produce quality today also create opportunities for the creation of new crossplatform and transnational journalistic ventures that can be supported through both public and market-based policies;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES, Judith SARGENTINI

Motion for a resolution
Paragraph 2

2. Calls for the devising of legally binding EU minimum standards for procedures and mechanisms for the selection and appointment of media heads, management boards, media councils and regulatory bodies that are transparent, based on merit and indisputable experience and that ensure professionalism, integrity, independence, and, as far as the management of public service broadcasting is concerned, consensus across the political and social spectrum and continuity, instead of political or partisan criteria in the framework of a spoil system linked to the results of elections or the will of those in power;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Paragraph 3

3. Highlights that media pluralism is a pillar of media freedom, in terms of ensuring that media are diversified, ensure access to different social and political actors, opinions and viewpoints (including NGOs, citizens' associations, minorities, etc), and offer a wide range of views; stresses the importance of exercising the right to freedom of speech without discrimination of any kind and on the basis of equality and equal treatment;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Paragraph 3

3. Highlights that media pluralism ~~is a~~and journalistic and editorial independence are pillars of media freedom, in terms of ensuring that media are diversified, ensure access to different social and political actors, opinions and viewpoints (including NGOs, citizens' associations, minorities, etc), and offer a wide range of views;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Paragraph 6

6. Believes that media ownership and management should be transparent and not concentrated; calls on the Commission and the Member States to ensure competition so as to address and prevent dominant positions and guarantee the access of new entrants on the market; calls for rules to ensure that conflicts of interest are properly addressed and resolved~~; highlights that advertising and sponsoring may cause interference with the editorial line of media~~ and, in particular, to ensure that the beneficiary owners of media conglomerates are always public and to avoid conflict of interests; highlights that advertising and sponsoring may cause interference with the editorial line of media, and thus calls for legislation and good practices that ensure the autonomy of the editorial sections of media titles from unduly pressure from the advertisement, administrative sections, or unduly pressure from the ownership in editorial and journalistic matters;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Paragraph 6

6. Believes that media ownership and management should be transparent and not concentrated; calls on the Commission and the Member States to ensure competition so as to address and prevent dominant positions and guarantee the access of new entrants on the market; calls for rules to ensure that conflicts of interest are properly addressed and resolved, such as those resulting from the amalgamation of political office and control over media outlets; highlights that advertising and sponsoring may cause interference with the editorial line of media;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Paragraph 7

7. Underlines the importance of ensuring the independence of journalists, both from internal pressures from ~~edito~~publishers or owners and externally from political or economic lobbies or other interest groups; highlights the fact that the right of access to documents and information is fundamental and calls for the full protection of the confidentiality of sources principle and for the strict application of the European Court of Human Rights case- law in this area, including in relation to whistle-blowing; calls for journalists to be protected from threats and violence, as investigative journalists are often threatened as a result of their activities; highlights the need to support and promote investigative journalism and to promote ethical journalism in the media by developing professional standards and appropriate redress procedures;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Paragraph 7

7. Underlines the importance of ensuring the independence of journalists, both from internal pressures from editors or owners and externally from political or economic lobbies or other interest groups; regrets that political pressure is exercised against the media in many EU Member States, raising concerns amongst European and international organisations, academic and civil society; emphasises the importance to engage in dialogue with authorities in order to prevent the adoption of legislation that endangers media freedom and independence and seeks to curb critical to the majority voices; highlights the fact that the right of access to documents and information is fundamental and calls for the full protection of the confidentiality of sources principle and for the strict application of the European Court of Human Rights case-law in this area, including in relation to whistle-blowing; calls for journalists to be protected from threats and violence, as investigative journalists are often threatened as a result of their activities; regrets the violence against journalists manifested in some Member States such as Bulgaria, Cyprus, France, Italy, Greece, Spain; underlines the importance of preventing violence against and harassment of journalists while covering demonstrations and public events, as was witnessed in countries such as Greece, Portugal, Romania, Spain, while stressing the need for law enforcement to respect the role played by the media and ensure they can report freely and safely; highlights the need to support and promote investigative journalism and to promote ethical journalism in the media by developing professional standards and appropriate redress procedures;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES, Judith SARGENTINI

Motion for a resolution
Paragraph 7 a (new)

7a. Regrets the reluctance of EU Member States to de-criminalise defamation, as shown by the fact that amongst the EU27 only 5 member states have de-criminalised defamation;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Paragraph 8 a (new)

8a. Underlines the importance of ensuring freedom of expression and information on the internet, notably through guaranteeing net neutrality;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Paragraph 9 a (new)

9a. Calls on the Commission to follow-up on the report of the High Level Group on Media Freedom, in particular through the drafting of a proposal for a set of EU Guidelines on Media Freedom and Pluralism;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Paragraph 10 a (new)

10a. Calls on the Commission to ensure compliance with the recommendations by the European Parliament, Commission and the Council of Europe on the preservation of the dual system of public and private TV and radio stations, namely by ensuring that "public broadcasting services have the resources and instruments necessary to guarantee an effective independence regarding political pressure and market forces";

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Paragraph 10 b (new)

10b. Calls on the Commission to gather information on legislation and good practices for the definition of public service standards, both in public and private channels;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Paragraph 10 c (new)

10c. Calls on the Commission to initiate procedures for the establishment of a directive on minimum standards for the respect of media freedom and pluralism in the EU;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Paragraph 10 d (new)

10d. Calls on the Commission to implement the Media Pluralism Monitoring Tool (MPM) for assessing media freedom across the EU already developed in the independent study "The indicators for media pluralism in the Member States - Towards a risk-based approach" asked by the Commission in 2007 and issued in 2009;

2012/11/28
Committee: LIBE

2011/2246(INI)

Rui TAVARES

Motion for a resolution
Paragraph 11 a (new)

11a. Calls on the Commission to enforce competition law on the media market, specifically by taking into account pluralism, independence and media freedom as essential conditions to the service provision and fair competition in this market;

2012/11/28
Committee: LIBE

2011/2185(INI)

Rui TAVARES

Motion for a resolution
Recital F

F. whereas lessons must be learned from the European Union's past failures in re- shaping its external action while enshrining human and democracy at the heart of its policies and promoting transition in countries with authoritarian regimes in particular where stability and security concerns have compromised a principled policy of promoting democracy and human rights;

2012/02/22
Committee: AFET

2011/2185(INI)

Rui TAVARES

Motion for a resolution
Paragraph 3

3. Believes that the recast of the asylum directives should put an end to continuing concerns about human rights breaches, as well as allegations of double standards by EU Member States in this area; maintains that the Member States should provide correlation tables for the pertinent provisions of the directives, in order to allow for proper scrutiny of their implementation; stresses that the difficult exercise of developing a common policy presents an opportunity to build on best practice; underlines the role to be played by the European Asylum Support Office (EASO); insists that the EU Member States have a role to play in the resettlement of refugees and renews its demands for the creation of a true Joint EU Programme of Resettlement of Refugees;

2012/02/22
Committee: AFET

2011/2185(INI)

Rui TAVARES

Motion for a resolution
Paragraph 5

5. Welcomes the development of Country Strategy Papers on human rights and stresses that these should also cover democratisation; calls for their prompt implementation through action plans to complement these strategies, based on analyses of the situation and needs in each country and making full use of the EU's relevant instruments; insists on the necessity of using these Country Strategy Papers as reference documents to be mainstreamed in all policies and relevant external financial instruments; reiterates its call for the Country Strategy Papers to be made available to Parliament;

2012/02/22
Committee: AFET

2011/2185(INI)

Rui TAVARES

Motion for a resolution
Paragraph 6

6. Emphasises the crucial role played by civil society in the protection and promotion of democracy and human rights; stresses that EU contacts with civil society should be built on a genuine partnership~~, including systematic and regular dialogue~~ on an equal footing, which must guarantee the active participation of civil society actors in the process of good governance; insists in this regard on the necessity of setting up a civil society monitoring mechanism so as to ensure its systematic participation in the definition and e~~qual footing~~valuation process of the implementation of agreements and programmes;

2012/02/22
Committee: AFET

2011/2185(INI)

Rui TAVARES

Motion for a resolution
Paragraph 11

11. Warmly welcomes the HR/VP's statement to Parliament on 13 December 2011 following up on Parliament's long- standing call for the creation of an EU Special Representative on Human Rights; endorses her view that this would ‘act as a catalyst and raise our profile internationally’, and urges the creation of this function forthwith; calls for the post- holder to be expert in, and represent the HR/VP in relation to, international humanitarian law and international justice; warns, however, against any attempt to isolate human rights policy from the overall external policy strategies through the creation of such a Special Representative;

2012/02/22
Committee: AFET

2011/2185(INI)

Rui TAVARES

Motion for a resolution
Paragraph 12

12. Considers it vital that international agreements do not contradict the EU's ~~commitment to fundamental rights~~founding principles enshrined in Article 21 of the TEU; proposes that human rights impact assessments be undertaken prior to the launching of the negotiations of such agreements as well as during the negotiation stage, to be followed up by regular progress reports comprising the assessments made by the EU institutions and services responsible for implementation and evaluations provided by local and international civil society organisations as part of institutionalised civil society monitoring mechanisms; insists on the full use in this regard of Article 218 of the TEU according to which the Commission has the obligation to inform the Parliament and the Council at all stages of the negotiations of international agreements with third countries; considers it, in this respect, highly important to provide EU institutions with highly qualified and independent expertise on individual countries' human rights and democracy situations;

2012/02/22
Committee: AFET

2011/2185(INI)

Rui TAVARES

Motion for a resolution
Paragraph 14

14. Stresses that the mainstreaming of international justice must include systematically taking account of the fight against impunity in the broader context of trade, development and rule-of-law assistance; stresses that victims must be the central concern; recommends that the Rome Statute of the ICC be added to the package of international treaties on good governance and the rule of law to be ratified by third countries admitted to the System of Generalised Preferences Plus (GSP+); recommends the consistent inclusion of ICC clauses in ~~EU agreements with third countrie~~the human rights and democracy clauses of EU agreements with third countries, taking into account that such clauses are to be considered as essential elements of the agreements;

2012/02/22
Committee: AFET

2011/2185(INI)

Rui TAVARES

Motion for a resolution
Paragraph 22

22. Reiterates its conviction that all EU external actions must combine a development dimension which focuses on socio-economic progress for all based on sustainable development, and a political dimension which supports pluralism, democracy, with a special focus on the independence of the judiciary and the fight against corruption, and respect for human rights and fundamental freedoms;

2012/02/22
Committee: AFET

2011/2185(INI)

Rui TAVARES

Motion for a resolution
Paragraph 35

35. Stresses that the application of the clause as it currently stands , for example with the Colombia/Peru Free Trade Agreements (FTAs) due to come before Parliament, provides an opportunity for the European Parliament itself to explore the potential for setting human rights benchmarks in advance of ratification, in order to achieve concrete and verifiable progress in respect for human rights; ~~encourages~~calls once again on the Commission to draft a new ‘model clause’ referring to the parties' international obligations, comprising a procedure for consultation and specifying political and legal mechanisms to be used in the event of a request for cooperation to be suspended on the grounds of repeated or systemic human rights violations in breach of international law; is of the opinion that the enforcement mechanism of the human rights and democracy clause as requested by Parliament is the only way to ensure the genuine implementation of such clauses and should be considered as a preventive and alerting mechanism, which sets up a dialogue between the EU and the partner country, to be followed by a monitoring mechanism; recommends that a clear system of sanctions short of suspension be developed; insists strongly on the need for Parliament to be a joint decision-maker with the Commission and the Council in this respect;

2012/02/22
Committee: AFET

2011/2185(INI)

Rui TAVARES

Motion for a resolution
Paragraph 38

38. Considers that the ‘Arab Spring’ has served to demonstrate the inadequacy of the EU's policies hitherto to effectively support people's strong desire for democracy, respect for fundamental freedoms, justice, accountable and representative government in countries where this is denied; welcomes therefore the Joint Communications by the Commission and the HR/VP on ‘A new response to a changing Neighbourhood’ and ‘A partnership for democracy and shared prosperity with the Southern Mediterranean’, and the approach taken of shared commitments and mutual accountability, stronger conditionality, differentiation of policies, the advancing of multilateral and sub-regional cooperation and the principle of further involving civil society;

2012/02/22
Committee: AFET

2011/2185(INI)

Rui TAVARES

Motion for a resolution
Paragraph 40

40. Emphasises the crucial importance of active civil society participation in and contribution to processes of governance, and insists that, in future, civil society must be engaged so as to contribute directly through an institutionalised ‘civil society monitoring mechanism’; considers that, as for the UPR process within the UNHRC, local and international civil society actors should be involved in the Commission's ENP progress reports by delivering separately their own assessment to be added to these reports;

2012/02/22
Committee: AFET

2011/2179(INI)

Rui TAVARES

Draft opinion
Paragraph 2 a (new)

2a. Notes that the Mediterranean macro- region, within the meaning of human civilisation and history, is much broader than in the strict geographic sense, and may include the countries on the Atlantic seaboard such as Portugal and Morocco, or from other regions such as the Black Sea;

2012/01/31
Committee: CULT

2011/2179(INI)

Rui TAVARES

Draft opinion
Paragraph 3

3. Emphasises the importance of the Mediterranean as a decentralised area of cooperation that goes beyond strict geographic boarders in strengthening cross-regional policy and ~~the~~ sharing of good practices, not least concerning democracy, ecology and cultural and educational partnerships;

2012/01/31
Committee: CULT

2011/2179(INI)

Rui TAVARES

Draft opinion
Paragraph 4 a (new)

4a. Expresses its concern with the asymmetric impact that the financial and economic crises had on the countries from this macro-region forming part of the EU and emphasises that particular attention should be given to counter these effects;

2012/01/31
Committee: CULT

2011/2179(INI)

Rui TAVARES

Draft opinion
Paragraph 5 a (new)

5a. Emphasises the need to adopt measures to counter the growing trend towards the “brain drain” from this region;

2012/01/31
Committee: CULT

2011/2025(INI)

Jan Philipp ALBRECHT, Axel VOSS, Stavros LAMBRINIDIS, Cornelia ERNST, Rui TAVARES

Motion for a resolution
Citation 7 a (new)

– having regard to the Council of Europe Convention 108 on the Protection of Individuals with regard to Automatic Processing of Personal Data,

2011/05/03
Committee: LIBE

2011/2025(INI)

Jan Philipp ALBRECHT, Axel VOSS, Stavros LAMBRINIDIS, Cornelia ERNST, Rui TAVARES

Motion for a resolution
Recital A a (new)

Aa. whereas violations of data protection provisions can lead to serious risks for the fundamental rights of individuals and for the values of the Member States,

2011/05/03
Committee: LIBE

2011/2025(INI)

Jan Philipp ALBRECHT, Axel VOSS, Stavros LAMBRINIDIS, Cornelia ERNST, Rui TAVARES

Motion for a resolution
Recital A b (new)

Ab. whereas data protection legislation in the EU, the Member States, and beyond has developed a legal tradition that has to be maintained and further elaborated,

2011/05/03
Committee: LIBE

2011/2025(INI)

Jan Philipp ALBRECHT, Axel VOSS, Stavros LAMBRINIDIS, Cornelia ERNST, Rui TAVARES

Motion for a resolution
Recital B a (new)

Ba. whereas the EU and the Member States are obliged to take effective measures against all violations of personal rights and are obliged to protect individual privacy and informational self- determination,

2011/05/03
Committee: LIBE

2011/2025(INI)

Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES, Rui TAVARES

Motion for a resolution
Recital C

C. whereas it is of utmost importance that a series of key elements be taken into account when legislative solutions are considered, namely effective protection, given under all circumstances and independent of political preferences within a certain timeframe; whereas the framework must be stable over a long period, and limitations on the exercise of the right, where and if needed, must be exceptional, strictly necessary, duly justified and never affect the essential elements of the right itself9 ,

2011/05/03
Committee: LIBE

2011/2025(INI)

Jan Philipp ALBRECHT, Stavros LAMBRINIDIS, Cornelia ERNST, Rui TAVARES

Motion for a resolution
Recital E a (new)

Ea. whereas the fundamental right to data protection includes the protection of persons from possible surveillance and abuse of their data by the state itself, as well as by private entities,

2011/05/03
Committee: LIBE

2011/2025(INI)

Cornelia ERNST, Axel VOSS, Kyriacos TRIANTAPHYLLIDES, Rui TAVARES

Motion for a resolution
Recital E a (new)

Ea. whereas effective control by the data subject requires transparent behaviour of data controllers,

2011/05/03
Committee: LIBE

2011/2025(INI)

Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES, Rui TAVARES

Motion for a resolution
Recital F

F. whereas a strong European and international data protection regime is the necessary foundation for the flow of personal data across borders, and whereas current differences in data protection legislation and enforcement are affecting European citizens as well as the global economy and the single European market,

2011/05/03
Committee: LIBE

2011/2025(INI)

Jan Philipp ALBRECHT, Axel VOSS, Stavros LAMBRINIDIS, Cornelia ERNST, Rui TAVARES

Motion for a resolution
Recital F a (new)

Fa. whereas continuous violations of data protection lead to a lack of trust by citizens that will weaken the expedient use of the new technologies,

2011/05/03
Committee: LIBE

2011/2025(INI)

Jan Philipp ALBRECHT, Stavros LAMBRINIDIS, Cornelia ERNST, Rui TAVARES

Motion for a resolution
Paragraph 1 a (new)

1a. Welcomes the opportunity to substantiate and adapt the European data protection law to the legal conditions that emerge after the entry into force of the Lisbon Treaty and the Charter of Fundamental Rights,

2011/05/03
Committee: LIBE

2011/2025(INI)

Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES, Rui TAVARES

Motion for a resolution
Paragraph 3

3. Considers it imperative to extend the application of general data protection rules to the areas of police and judicial cooperation, including in the context of data processing at domestic level~~, while also allowing, as and where necessary, for restricted and harmonised limitations on certain data protection rights of the individual~~;

2011/05/03
Committee: LIBE

2011/2025(INI)

Cornelia ERNST, Axel VOSS, Kyriacos TRIANTAPHYLLIDES, Rui TAVARES

Motion for a resolution
Paragraph 3 a (new)

3a. Emphasises equally the need to have the processing of personal data by institutions and bodies of the European Union, which is governed by Regulation (EC) No 45/2001, included within the scope of the new framework;

2011/05/03
Committee: LIBE

2011/2025(INI)

Jan Philipp ALBRECHT, Axel VOSS, Stavros LAMBRINIDIS, Cornelia ERNST, Rui TAVARES

Motion for a resolution
Paragraph 4 – indent 2

– further clarification of the rules on applicable law with a view to delivering the same degree of protection for individuals irrespective of the geographical location of the data controller, including when it comes to enforcement of data protection by authorities or in court;

2011/05/03
Committee: LIBE

2011/2025(INI)

Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES, Rui TAVARES

Motion for a resolution
Paragraph 6

6. Calls on the Commission to draft a new legislation along the following principles and elements, while emphasising that these principles and elements are already set out in Directive 95/46/EC, but have not been realised and implemented fully in the Member States ~~or found full application in the ‘online environment’~~: the principle of transparency, the principles of data minimisation and purpose limitation, and the provisions on consent;

2011/05/03
Committee: LIBE

2011/2025(INI)

Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES, Rui TAVARES

Motion for a resolution
Paragraph 6 a (new)

6a. Points to fact that voluntary consent can not be assumed in the field of labour contracts;

2011/05/03
Committee: LIBE

2011/2025(INI)

Jan Philipp ALBRECHT, Stavros LAMBRINIDIS, Cornelia ERNST, Rui TAVARES

Motion for a resolution
Paragraph 7 a (new)

7a. Underlines that the right to access includes not only full access to the data processed about oneself including its source and recipients, but also intelligible information about the logic involved in any automatic processing; emphasises that the latter will become even more important with profiling and data-mining;

2011/05/03
Committee: LIBE

2011/2025(INI)

Jan Philipp ALBRECHT, Stavros LAMBRINIDIS, Cornelia ERNST, Rui TAVARES

Motion for a resolution
Paragraph 7 b (new)

7b. Underlines that the data subject must be put in the position to know at any time which data have been stored by whom, when, for which purpose, for which time period, and how it is being processed; he or she has to be able to obtain its deletion, correction and blocking in an unbureaucratic way and without costs; he or she has to be informed about any misuse and any data breach;

2011/05/03
Committee: LIBE

2011/2025(INI)

Jan Philipp ALBRECHT, Axel VOSS, Stavros LAMBRINIDIS, Cornelia ERNST, Rui TAVARES

Motion for a resolution
Paragraph 13

13. Sees in the concepts of ‘privacy by design’ and ‘privacy by default’ a strengthening of data protection, and supports ~~examination of possibilities for~~ their concrete application and further development;

2011/05/03
Committee: LIBE

2011/2025(INI)

Jan Philipp ALBRECHT, Rui TAVARES

Motion for a resolution
Paragraph 14

14. Supports efforts further to advance enforceable and binding self- regulatory initiatives based on the legal framework within the revision of the data protection framework, as suggested in the Commission communication, and is in favour of ~~giving consideration to set~~further supporting up EU certification schemes; reminds that public procurement should play an important role in taking the lead here;

2011/05/03
Committee: LIBE

2011/2025(INI)

Cornelia ERNST, Kyriacos TRIANTAPHYLLIDES, Rui TAVARES

Motion for a resolution
Paragraph 14

14. ~~Supports efforts further to advance self-regulatory initiatives within the revision of the data protection framework, as suggested in the Commission communication, and i~~Is in favour of giving consideration to setting up EU certification schemes;

2011/05/03
Committee: LIBE

2011/2025(INI)

Jan Philipp ALBRECHT, Axel VOSS, Cornelia ERNST, Rui TAVARES

Motion for a resolution
Paragraph 15

15. Is in favour of further clarifying, strengthening and harmonising the status and powers of national data protection authorities, including by equipping them with appropriate resources, and of exploring ways to ensure more consistent application of EU data protection rules across the internal market;

2011/05/03
Committee: LIBE

2011/2025(INI)

Jan Philipp ALBRECHT, Cornelia ERNST, Rui TAVARES

Motion for a resolution
Paragraph 18

18. Supports the Commission’s efforts to enhance cooperation with third countries and international organisations, including the United Nations, the Council of Europe and the OECD, as well as with standardisation organisations such as the ~~CEN and the ISO~~European Committee for Standardisation (CEN), the International Organisation for Standardisation (ISO), World Wide Web Consortium (W3C) and Internet Engineering Task Force (IETF);

2011/05/03
Committee: LIBE

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

Proposal for a regulation
Recital 6

(6) The Union's contribution to democracy and the rule of law and to respect for human rights and fundamental freedoms is rooted in the universally accepted general principles established by the International Bill of Human Rights, and any other human rights instrument adopted within the framework of the United Nations, as well as relevant regional human rights instruments such as those of the Council of Europe. The indivisibility of human rights and fundamental freedoms must be reflected in the Union's actions supported by this regulation.

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

Proposal for a regulation
Recital 7

(7) Gender equality ~~and~~, women's rights, women empowerment, non-discrimination are fundamental human rights and athe question of social justice as well as fight against inequalities and their promotion is a strong component of this Regulation. All of them are cross-cutting issues which shall be mainstreamed in all programmes.

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

Proposal for a regulation
Recital 9

(9) The task of building and sustaining a culture of human rights as well as of supporting the emergence of an independent civil society, including the enhancement of its role in its country and making democracy work for citizens, though especially urgent and difficult in emerging democracies, is essentially a continuous challenge, belonging first and foremost to the people of the country concerned but without diminishing the commitment of the international community. It ~~also~~ requires a range of institutions, in particular national democratic parliaments and local elected assemblies that should ensure participation, representation, responsiveness and accountability. It also requires independent civil society organisations that should take part in national good governance processes, including domestic accountability.

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

Proposal for a regulation
Recital 11

(11) Union assistance under this Regulation is designed to complement the various other tools for implementing of Union policies on democracy and human rights, which range from political dialogue and diplomatic demarches to various instruments for financial and technical cooperation, including both geographic and thematic programmes. This instrument must be favoured over other instruments only if the Union assistance in this field cannot be part of geographic programmes. It will also complement the more crisis-related actions under the Instrument for Stability, including urgent actions needed during the first phases of transition process.

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

Proposal for a regulation
Recital 11 a (new)

(11a) The Commission needs to consult representatives of civil society, including human rights defenders, as well as other donors and actors, as early as appropriate in the programming process in order to facilitate their respective contributions and to ensure that assistance activities complement each other as far as possible.

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

Proposal for a regulation
Recital 12

(12) Under this Regulation, the Union will provide assistance to address global, regional, national and local human rights and democratisation issues in partnership with civil society ~~understood to span all types of social action by individuals or groups that are independent from the state and~~; it ranges from human rights defenders as defined by the UN Declaration on Human Rights Defenders, to individuals or groups that are independent from the state and that are at risk due to the lack of freedom of expression and of association in their countries and that are active in the field of human rights and democracy support.

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

Proposal for a regulation
Recital 13

(13) Furthermore, whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments, Union assistance under this Regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities. This will allow for cooperation and partnership with civil society on sensitive human rights and democracy issues possible, providing the flexibility to respond to changing circumstances. It ~~should~~may also provide Union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach ~~or involve operations both within the Union and in a range of third countrie~~such as the establishment of shelter cities dedicated to human rights defenders or involve operations both within the Union and in a range of third countries while privileging the use of geographic instruments over this instrument to finance worldwide campaigns promoting fundamental rights. Moreover, it will provide the necessary framework for operations, such as support for independent European Union election observation missions requiring policy coherence, a unified management system and common operating standards.

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

Proposal for a regulation
Recital 13 a (new)

(13a) Developing and consolidating democracy under this Regulation may include democratic parliaments and their capacity to support and advance democratic reform processes. National Constituent Assemblies and parliaments towards a transition process need, therefore, to be included as bodies eligible for funding under this Regulation when this is necessary in order to achieve its objectives, unless the proposed measure can be financed under a related Union external assistance instrument.

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

Proposal for a regulation
Recital 15

(15) In such most difficult countries or situations and in order to address urgent protection needs of human rights defenders, as defined by the UN Declaration on Human Rights Defenders the Union should be able to respond in a flexible and timely manner by means of ad hoc grants, specific imprest accounts for the EU Delegations and through the existing Human Rights Defenders Mechanism. This will particularly be the case when the choice of procedural modalities could impact directly on the effectiveness of the measures or could subject beneficiaries to serious intimidation, retaliation or other types of risks.

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

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

(b) supporting and consolidating democratic reforms in third countries, by enhancing the good governance as well as participatory and representative democracy, strengthening the overall democratic cycle, and improving the reliability of electoral processes, in particular by means of election observation missions.

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

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

(a) support to and enhancement of participatory and representative democracy, including parliamentary democracy, and the processes of democratisation at the local, national and international level, mainly through civil society organisations, inter alia in:

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

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

(iv) supporting reforms to achieve effective and transparent democratic and domestic accountability and oversight, including that of the security and justice sectors, and encouraging measures against corruption;

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

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

(ii) support for, protection of, and assistance to human rights defenders, in terms of Article 1 of the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms; these objectives covered by the Human Rights Defenders Mechanism should be completed by a longer-term assistance, including the support and access to shelter cities as well as the development of a network of universities;

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

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

(iii) the fight against racism and xenophobia and discrimination based on any ground, including 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 gender identity;

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

Proposal for a regulation
Article 2 – paragraph 1 – point b – point v a (new)

(va) the rights of lesbian, gay, bisexual, trans and intersex (LGBTI) persons, including measures to decriminalise homosexuality, combat homophobic and transphobic violence and persecution, and promote freedom of assembly, association and expression for LGBTI people;

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

Proposal for a regulation
Article 2 – paragraph 1 – point d – introductory wording

(d) building confidence in and enhancing the reliability and transparency of democratic electoral processes, while contributing to the efficiency and consistency of the whole electoral cycle, which should not exceed more than 25% of the total budget of the Instrument and in particular,

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

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

(iii) by contributing to the development of the electoral observation capacity of civil society organisations at regional and local levels, and supporting domestic election observation and their initiatives to enhance participation in, and the follow-up to, the electoral process;

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

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

(iv) by supporting measures aimed at the consistent integration of electoral processes into the democratic cycle and at implementing recommendations made by Union Election Observation Missions, in particular through civil society organisations;

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

Proposal for a regulation
Article 2 – paragraph 1 – point d – point iv a (new)

(iva) by contributing to the preparation of the pre-electoral cycle in order to meet the necessary requirements aimed at building a democratic environment;

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

Proposal for a regulation
Article 2 – paragraph 2 a (new)

2a. Measures shall be taken to uphold the process of decentralisation and hence grassroots political representation, and underpin local democracy by ensuring closer cooperation between civil society organisations and elected local authorities.

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

Proposal for a regulation
Article 2 – paragraph 3 a (new)

3a. Aid measures shall be implemented as far as possible together with the democratically elected local authorities so as to enhance their legitimacy and help underpin local democracy.

2012/06/15
Committee: AFET

2011/0412(COD)

Nicole KIIL-NIELSEN, Rui TAVARES

Proposal for a regulation
Article 4 d (new)

Article 4d Types of financing In addition to the types of financing referred to in Article 4(1) of the Common Implementing Regulation, the Union's financial assistance under this instrument may be provided in accordance with the Financial Regulation also through the direct award of: (i) low-value grants to human rights defenders to finance urgent protection needs, without the need for co-funding; (ii) grants to finance, without the need for co-funding, actions in the most difficult conditions or situations referred to in Article 2(4) of the EIDHR where the publication of a call for proposals would be inappropriate. Such grants shall not exceed EUR 200 000. (iia) grants through simplified calls for proposals, without co-funding, and easily accessible to local organisations for a maximum of EUR 100 000; (iib) small operating grants to support the structure and functioning of organisations, under specific circumstances; (iii) grants to: – the Office of the UN High Commissioner for Human Rights; - the ICC - the Council of Europe – the scholarship of students from third countries and in particular, Human Rights Defenders who follow the European Inter-University Centre for Human Rights and Democratisation, providing a European Master's Degree in Human Rights and Democratisation and an EU-UN Fellowship Programme, and the expertise of its associated network of universities delivering human rights postgraduate diplomas. - the doCip, Indigenous Peoples' Centre for Documentation, Research and Information, technical secretariat of UN mechanisms for indigenous peoples. - framework partnership agreements (FPA)

2012/06/15
Committee: AFET

2011/0368(COD)

Rui TAVARES

Proposal for a regulation
Recital 10

(10) Financial assistance in these areas should in particular support actions promoting cross-border joint operations, access to and exchange of information, exchange of best practices, facilitated and secure communication and coordination, training and exchange of staff, analytical, monitoring and evaluation activities, comprehensive threat and risk assessments, awareness raising activities, testing and validation of new technology, forensic science research and the acquisition of technical interoperable equipment. Financial assistance in these areas should only support actions, which are in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council.

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

Proposal for a regulation
Recital 11

(11) Measures in and in relation to third countries s~~upported through this Instrument should be taken in synergy and coherence with other actions outside the Union~~hould be supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence will also be sought with the Union humanitarian policy, in particular as regards the implementation of emergency measures.

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

Proposal for a regulation
Article 3 – paragraph 2 – point a – paragraph 1

(a) preventing and combating cross-border, serious and organised crime including terrorism, and reinforcing coordination and cooperation between law enforcement authorities of Member States ~~and with relevant third-countries~~.

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

Proposal for a regulation
Article 3 – paragraph 3 – point a

(a) measures (methodologies, tools, structures) strengthening Member States’ capability to prevent and combat cross- border, serious and organised crime including terrorism, in particular through ~~public-private partnerships,~~ the exchange of information and best practices, access to data, interoperable technologies, comparable statistics, applied criminology, public communication and awareness raising.

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

Proposal for a regulation
Article 3 – paragraph 3 – point b

(b) administrative and operational coordination, cooperation, mutual understanding and the exchange of information among Member States’ law enforcement authorities, other national authorities, relevant Union bodies ~~and, where appropriate, with third-countries~~.

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

Proposal for a regulation
Article 3 – paragraph 3 – point e

(e) measures strengthening Member States’ administrative and operational capability to protect critical infrastructure in all sectors of economic activity, including through ~~public-private partnerships and~~ improved coordination, cooperation, exchange and dissemination of know how and experience within the Union and with relevant third- countries.

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

Proposal for a regulation
Article 3 – paragraph 3 – point g

(g) measures (methodologies, tools and structures) strengthening the administrative and operational capacity of the Member States and the Union to develop comprehensive threat and risk assessments, which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council, in order to enable the Union to develop integrated approaches based on common and shared appreciations in crisis situations and to enhance mutual understanding of Member States' and partner countries' various definitions of threat levels.

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

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

(c) analytical, monitoring and evaluation activities, including studies and threat, risk and impact assessments; which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council;

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

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

(e) acquisition and/or further upgrading of technical equipment, secure facilities, infrastructures, related buildings and systems, especially ICT systems and their components, including for the purpose of European cooperation on cyber crime~~, notably with the European Cybercrime Centre~~;

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

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

(g) measures deploying, transferring, testing and validating new methodology or technology, including pilot projects and follow-up measures to Union funded security research projects subject to a prior fundamental rights (including privacy) impact assessment.

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

Proposal for a regulation
Article 4 – paragraph 2

2. Within the objectives referred to in Article 3, the Instrument shall also support actions in relation to and in third- countries, and in particular the following: (a) actions improving police cooperation and coordination between law enforcement authorities, including joint investigation teams and any other form of cross-border joint operation, the access to and exchange of information and interoperable technologies; (b) networking, mutual confidence, understanding and learning, the identification, exchange and dissemination of know-how, experience and good practices, information sharing, shared situation awareness and foresight, contingency planning and interoperability; (c) acquisition and/or further upgrading of technical equipment, including ICT systems and their components; (d) exchange, training and education of staff and experts of relevant authorities, including language training; (e) awareness raising, dissemination and communication activities (f) threat, risk and impact assessments; (g) studies and pilot projects.deleted

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

Proposal for a regulation
Article 7 – paragraph 1

1. At the Commission's initiative, this Instrument may be used to finance transnational actions or actions of particular interest to the Union (‘Union actions’) concerning the general, specific and operational objectives set out in Article 3. All such actions shall be in compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, as well as with the Union legal provisions on data protection and privacy. The European Data Protection Supervisor, the Fundamental Rights Agency and other relevant supervisory agencies and bodies may assess these actions to ensure compliance.

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

2. To be eligible for funding, Union actions shall be in line with the priorities identified and agreed by the European Parliament and the Council in relevant Union strategies, programmes~~, threat and risk assessments,~~ and support in particular:

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) transnational projects involving two or more Member States ~~or at least one Member State and one third-country~~;

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

Proposal for a regulation
Article 7 – paragraph 2 – point c

(c) analytical, monitoring and evaluation activities, including threat, risk and impact assessments which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council, and projects monitoring the implementation of Union law and Union policy objectives in the Member States;

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

Proposal for a regulation
Article 7 – paragraph 2 – point f

(f) the acquisition and/or further upgrading of technical equipment, secure facilities, infrastructures, related buildings and systems, especially ICT systems and their components at the Union level, including for the purpose of European cooperation on cyber crime~~, notably a European Cybercrime Centre~~;

2012/09/20
Committee: LIBE

2011/0368(COD)

Rui TAVARES

Proposal for a regulation
Article 7 – paragraph 2 – point j

~~(j) actions in relation to and in third- countries, as referred to in Article 4(2).~~deleted

2012/09/20
Committee: LIBE

2011/0297(COD)

Rui TAVARES

Proposal for a directive
Recital 7

(7) Not all Member States have provided for criminal sanctions for some forms of serious breaches of national legislation implementing Directive 2003/6/EC. These different approaches undermine the uniformity of conditions of operation in the internal market and may provide an incentive for persons to carry out market abuse in Member States which do not provide for criminal sanctions for these offences. In addition, until now there has been no Union-wide understanding on which conduct is considered to be such a serious breach. Therefore, minimum rules concerning the definition of criminal offences committed by natural and legal persons and of sanctions should be set. Common minimum rules would make it also possible to use more effective methods of investigation and effective cooperation within and between Member States. In light of the aftermath of the financial crisis, it has been evident that market manipulation has a potential for widespread damage on the lives of millions of people. The absence of harmonised criminal sanctions is rightly seen by citizens as creating an environment of impunity where market manipulators can thrive, taking advantage of a borderless market while operating from jurisdiction that are not prosecuting them or have deficient penal frameworks in dealing with these matters. In turn, this creates reasons for an increased societal perception of corruption, with its subsequent pernicious effects on the legitimacy of institutions. Convictions for market abuse offences under criminal law often result in extensive media coverage, which helps to deter potential offenders, as it draws public attention to the commitment of competent authorities to tackling market abuse.

2012/06/05
Committee: LIBE

2010/2311(INI)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Recital A

A. whereas after the atrocious attacks of 11 September 2001 the first decade of the 21st century has been marked by the ~~‘War on Terrorism’, especially with regard to the US approach~~approach established by the US of the ‘War on Terrorism’; whereas although the attacks did not take place on European soil, ~~all~~many Europeans felt them to be an attack on their values and their way of life,

2011/05/02
Committee: LIBE

2010/2311(INI)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Recital B

B. whereas terrorism is not a recent phenomenon; whereas ~~counter-terrorism has always been part of regular law enforcement action; whereas 9/11 led to a fundamental change in the methods and instruments used to fight terrorism; whereas terrorism became~~, however, the last decade saw a fundamental change in the methods and instruments used to fight terrorism moving counter-terrorism measures out of the realm of regular law enforcement and turning them into a matter of national security, with a very different legal framework granting greater powers to intelligence services; whereas counter-terrorism must be brought back into the realm of criminal law, subject to specific procedures and attached to certain rights,

2011/05/02
Committee: LIBE

2010/2311(INI)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Motion for a resolution
Recital C

C. whereas the aim of counter-terrorism policies should be to undermine the objectives of terrorism, which ~~are~~seek to destroy the fabric of our free, open and democratic societyies; whereas the aprime objective of counter-terrorism must therefore be to protect and strengthen that fabric ~~of democratic society and~~by strengthening civil liberties and democratic scrutiny; whereas the effectiveness of counter-terrorism policies must be measured against this aim~~; whereas in this logic, strengthening civil liberties and democratic scrutiny is not an obstacle to such policies, but their prime objective~~,

2011/05/02
Committee: LIBE

2010/2311(INI)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Recital D

D. whereas ten years after the ~~attacks that shook the world it is time to take stock of the achievements in fighting~~first instruments to address large-scale terrorism were adopted at EU level, such as the European Arrest Warrant, time has come to take stock of the achievements, shortcomings and failures of counter- terrorism measures; whereas evaluation allows for more efficient and effective policy-making, and in any modern democracy policy decisions are subject to frequent evaluation and review,

2011/05/02
Committee: LIBE

2010/2311(INI)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Recital F

F. whereas counter-terrorism measures tend to have a profound impact on civil liberties, the rule of law and democratic decision-making; whereas these measures are increasingly implemented by the private sector, which is not bound by the same requirements as law enforcement authorities in terms of respect of procedural rights and accountability; whereas counter-terrorism measures also have a substantial budgetary impact and a growing share of the costs in this field is borne by the private sector,

2011/05/02
Committee: LIBE

2010/2311(INI)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Recital G

G. whereas mass surveillance has become a key feature of counter-terrorism policies, and whereas the large-scale collection of personal data, detection and identification technologies, tracking and tracing, data mining and profiling, risk assessment and behavioural analysis are all used for the purpose of preventing terrorism; whereas public authorities are making more and more use of data collected for commercial or private purposes; whereas, therefore, in the name of fighting terrorism civil liberties and fundamental rights are systematically violated,

2011/05/02
Committee: LIBE

2010/2311(INI)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 1

1. ~~Strongly welcomes~~Takes note of the Commission Communication; regrets, however, that the scope is rather narrow, limited to the implementation of agreed policy measures, and not national counter-terrorism policies or national measures that transpose policies agreed at European or international level;

2011/05/02
Committee: LIBE

2010/2311(INI)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 4

4. Stresses that a proper evaluation of ten years of counter-terrorism policies must provide the basis for an evidence-based, needs-driven, coherent and comprehensive EU counter-terrorism strategy by means of an in-depth and complete appraisal to be carried out by a ~~panel of independent expert~~n independent panel composed of experts coming from different policy areas;

2011/05/02
Committee: LIBE

2010/2311(INI)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 7

7. Calls on the Commission to draw up a complete and detailed ‘map’ of all existing counter- terrorism ~~policies in Europe; calls at the same time on~~legislation in the EU and the degree of their implementation in the Member States; calls on the Member States to carry out a comprehensive evaluation of their counter- terrorism policies, with a particular focus on interaction with EU policies, overlap and gaps, to cooperate better in the evaluation of EU policies, and to provide their input within the given deadlines, as in the case of the Data Retention Directive8 ;

2011/05/02
Committee: LIBE

2010/2311(INI)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 9

9. Calls on the Commission to carry out a study into the costs of counter-terrorism policies borne by the private sector, delineating the shares borne by the different sectors of society, as well as an overview of sectors benefiting from counter-terrorism policies;

2011/05/02
Committee: LIBE

2010/2309(INI)

Rui TAVARES

Motion for a resolution
Paragraph 7

7. Is dissatisfied with the extremely limited impact on the legislative systems of the Member States of Framework Decision 2008/841/JHA on organised crime, which has not made any significant improvement to national laws or to operational cooperation to counter organised crime; stresses, therefore, the need to review and strengthen the legislative framework and calls on the Commission to submit, by the end of 2012, a proposal for a directive which contains a less general definition of organised crime and manages better to identify the key features of the phenomenon; requests that, as regards the offence of membership of a criminal organisation, whilst showing due respect for different legislative systems, the abolition of the current dual approach (which criminalises both membership and conspiracy) be proposed and a range of habitual offences committed by organised crime be identified, which, regardless of the maximum sentence permitted in the Member States, could be deemed to constitute such a criminal offence;

2011/05/31
Committee: LIBE

2010/2309(INI)

Rui TAVARES

Motion for a resolution
Paragraph 15 a (new)

15a. Reiterates the importance of improved practical co-operation among police and judicial authorities of the Member States in order to exchange data on criminal organisations and to co- ordinate investigations; calls upon the Commission and Eurojust to set up a more effective network of national focal points to this effect; furthermore, requests the Commission to submit annual reports on progress made with intensified co- operation among police and judicial authorities in the field of organised crime;

2011/05/31
Committee: LIBE

2010/2307(INI)

Rui TAVARES

Motion for a resolution
Recital E a (new)

Ea. whereas, owing to the progressive decline in public investment in universities and the subsequent increase in fees and/or reduction in social support and study grants, a growing number of students are dropping out of the university system, leading to a widening social gap,

2011/03/17
Committee: CULT

2010/2307(INI)

Rui TAVARES

Motion for a resolution
Recital H

H. whereas various research shows that mobility and access to employment contributes towards a sense of European citizenship and engagement in democratic processes,

2011/03/17
Committee: CULT

2010/2307(INI)

Rui TAVARES

Motion for a resolution
Recital I a (new)

Ia. whereas universities are the main reservoir for ideas that have the potential to bring about a recovery from the economic and financial crisis, and it is therefore important to preserve their autonomy,

2011/03/17
Committee: CULT

2010/2307(INI)

Rui TAVARES

Motion for a resolution
Recital J a (new)

Ja. whereas the growing difficulty in finding stable, fairly paid employment is the major source of social instability and a growing anti-European sentiment,

2011/03/17
Committee: CULT

2010/2307(INI)

Rui TAVARES

Motion for a resolution
Paragraph 8

8. Agrees that action must be taken at an early age in order to reduce early school leaving to 10%, as agreed under the EU 2020 Strategy; welcomes the Commission proposal for a Council Recommendation to reinforce the efforts of Member States to reduce school drop-out rates through social support and state study grants;

2011/03/17
Committee: CULT

2010/2307(INI)

Rui TAVARES

Motion for a resolution
Paragraph 17

17. Strongly believes that autonomy of universities is necessary ~~but simultaneously stresses the responsibility of universities towards society~~;

2011/03/17
Committee: CULT

2010/2307(INI)

Rui TAVARES

Motion for a resolution
Paragraph 17 a (new)

17a. Believes that the development of vocational training in VETs cannot be achieved through depriving universities of resources and reaffirms the need to maintain universities that are of high quality in terms of research, ideas and inclusion in the international debate that is vital for Europe;

2011/03/17
Committee: CULT

2010/2307(INI)

Rui TAVARES

Motion for a resolution
Paragraph 18

18. Points out the need to find a balance between higher education systems on one hand and the needs of the economy and society in general on the other through adequate curricula for future skills and jobs;deleted

2011/03/17
Committee: CULT

2010/2307(INI)

Rui TAVARES

Motion for a resolution
Paragraph 20

20. Encourages universities to ~~bring their programmes and structures closer to the specific needs of the labour market and to explore new methods of cooperation with private and public companies~~ensure the plurality of programmes in order to encourage creativity and new synergies with the world of work;

2011/03/17
Committee: CULT

2010/2307(INI)

Rui TAVARES

Motion for a resolution
Paragraph 25

25. Strongly stresses that the ~~smooth~~ entrance of young people into the labour market depends mainly on the ~~modernisation~~plurality of programmes and the autonomy of VET institutions and universities to ensure that their study programmes match the needs of the labour market;

2011/03/17
Committee: CULT

2010/2307(INI)

Rui TAVARES

Motion for a resolution
Paragraph 28

28. Invites tertiary education institutions to introduce a period of properly paid high- quality traineeship into ~~all~~ study programmes that is worthwhile in order to enable young people to meet, in advance, the real and practical demands of the working environment;

2011/03/17
Committee: CULT

2010/2245(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 2

2. Encourages innovation as a broad concept involving the whole process from the original idea to the final product, particularly as regards innovation in business models and taking full advantage of ~~European industries’ creative potential~~the creative potential of European industry and the European economy in its multiple and varied forms of entrepreneurship (large firms, SMEs, social economy enterprises and organisations);

2011/02/02
Committee: CULT

2010/2245(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 3 a (new)

3a. Reiterates the importance of acquiring a core of basic competences and a good level of general culture in order to ensure better adaptability to the working environment; stresses that, in this context, language learning is of particular importance;

2011/02/02
Committee: CULT

2010/2245(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 3 b (new)

3b. Views international cooperation in the field of research as essential, but reiterates that exchanges must be based on a balanced partnership so as not to deprive the southern countries of the skills they need for their development;

2011/02/02
Committee: CULT

2010/2245(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 3 c (new)

3c. Expresses its concern at the effects of ‘selective’ immigration policies focusing on the most highly qualified young people;

2011/02/02
Committee: CULT

2010/2245(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 3 d (new)

3d. Deplores the budget cuts in research and education made by several Member States and reiterates the importance of providing adequate public funding in these areas;

2011/02/02
Committee: CULT

2010/2245(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 4

4. Calls on the Member States to support the development of ~~stronger~~ partnerships ~~betwee~~within universities ~~and the business world~~involving all stakeholders and reaffirms its commitment to the independence of research, particularly scientific research, in the face of the need to ensure a return on investment;

2011/02/02
Committee: CULT

2010/2245(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 5

5. Calls for a coordinated effort at all levels of government, local-regional, national and European, together with all the stakeholders, to implement the ‘Innovation Union’, taking into account the educational and cultural dimensions of innovation;

2011/02/02
Committee: CULT

2010/2245(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 5 a (new)

5a. Considers that it is essential to establish programmes specifically to promote scientific and technological culture as part of the measures to promote innovation in all areas;

2011/02/02
Committee: CULT

2010/2245(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 5 b (new)

5b. Welcomes the Commission’s commitment concerning open access to publications and data from publicly funded research; encourages it to find the means, including financial means, to ensure that such publications and data are distributed as widely as possible and emphasises the role that Europeana can play in this field;

2011/02/02
Committee: CULT

2010/2245(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 5 d (new)

5d. Affirms the principle of net neutrality and of open standards as the drivers of innovation;

2011/02/02
Committee: CULT

2010/2245(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 6

6. Highlights the importance of social innovation in meeting social needs of all kinds ~~- from~~and improving working conditions ~~and education to community development and health~~, so as to promote health and access to education and knowledge, to culture and to health and social services; emphasises the role played by the social economy sector (cooperatives, mutuals, associations and foundations) in social innovation by devising and implementing the means and arrangements to meet needs which are not taken into account by the market and by the conventional forms of entrepreneurship, account being taken of these needs as close as possible to where they occur; emphasises the role also played by the social economy in managerial innovation aimed at achieving, by appropriate means, whether consultative or deliberative, the full participation of all employees in company decisions and management;

2011/02/02
Committee: CULT

2010/2245(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 6 a (new)

6a. Welcomes the special attention which the Commission is giving to achieving a more even gender balance in the sciences, and calls on it to make specific recommendations for achieving the objective of real gender equality in as short a time as possible;

2011/02/02
Committee: CULT

2010/2234(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 1 a (new)

1a. Emphasises the importance of social and inclusive economy models for this new enterprise culture, and points out that it is vital that institutions providing vocational training and education, including higher education, should equip their students with a detailed knowledge of all forms of entrepreneurship, including in the social and inclusive economy, and of responsible and ethical management principles;

2010/12/09
Committee: CULT

2010/2234(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 5 a (new)

5a. Acknowledges the significant role played by gender stereotypes in our educational practices, and emphasises, therefore, the importance of drawing up strategies designed to lead to the establishment of gender-neutral education, which would help to bring about, for example, equal access for women and men to VET and employment;

2010/12/09
Committee: CULT

2010/2161(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Citation 11 a (new)

– having regard to Decision No 1983/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the European Year of Intercultural Dialogue (2008);

2011/01/25
Committee: CULT

2010/2161(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Citation 12 a (new)

– having regard to the United Nations Millennium Declaration (2000), and in particular the articles under the heading Human rights, democracy and good governance,

2011/01/25
Committee: CULT

2010/2161(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Recital A

(A) whereas the EU is a c~~ulturally diverse community of value~~ommunity of diverse cultural experiences expressed in diverse ways,

2011/01/25
Committee: CULT

2010/2161(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Recital A a (new)

(Aa) whereas successive EU enlargements, personal mobility in the shared European area, established and new migratory flows and exchanges of all kinds with the rest of the world help foster that cultural diversity,

2011/01/25
Committee: CULT

2010/2161(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Recital B

(B) whereas culture has intrinsic value, and enriches ~~people's li~~lives by helping people free themselves and by fostersing mutual understanding,

2011/01/25
Committee: CULT

2010/2161(INI)

Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Recital D

D. whereas the economic nature of cultural goods, including sports, contributes to the EU's economic value through strong economic externalities and value added products to cultural industries and tourism, and the settlement of businesses in the EU,

2011/01/25
Committee: CULT

2010/2161(INI)

Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Recital E a (new)

Ea. whereas artists act as de facto cultural diplomats exchanging and confronting different aesthetic, political, moral and social values,

2011/01/25
Committee: CULT

2010/2161(INI)

Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Recital E b (new)

Eb. whereas life performance organisations occupy an important position in the economy of culture, according to the findings of the ‘Study on the economy of culture in Europe’ published by the European Commission, DG for Education and Culture (2006),

2011/01/25
Committee: CULT

2010/2161(INI)

Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Recital E c (new)

Ec. whereas artist’s mobility is a key characteristic of all artistic professions; whereas numerous studies, such as the ‘Study on IMPEDIMENTS TO MOBILITY in the EU Live Performance Sector POSSIBLE SOLUTIONS’ published by the Performing Arts Employers Associations League Europe, authored by Richard Poláček (2007), show that live performance organisations face specific mobility related issues in their activity,

2011/01/25
Committee: CULT

2010/2161(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 2

2. Stresses that democratic and fundamental freedoms such as freedom of expression, press freedom, access to information and communication, freedom of worship, freedom from want and freedom from fear, and freedom to connect, online and offline, are preconditions for – and also only possible when – cultural expression, cultural exchanges and cultural diversity are embodied and experienced in freedom;

2011/01/25
Committee: CULT

2010/2161(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 4

4. Underlines that ~~transatlantic~~international cooperation is important to advance joint interests and shared values;

2011/01/25
Committee: CULT

2010/2161(INI)

Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 4

4. Underlines that transatlantic cooperation is important to advance joint interests and ~~shared~~common values;

2011/01/25
Committee: CULT

2010/2161(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 5

5. Values ~~public-private cooperation~~cooperation among all social actors in cultural aspects of the EU's external actions, and in particular cooperation involving local, regional and national cultural authorities, institutions, organisations and associations;

2011/01/25
Committee: CULT

2010/2161(INI)

Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 10 a (new)

10a. Regrets the fact that national administrative procedures are too complex for artists and live performance organisations; takes note of the efforts accomplished by certain EU Member states recognizing a special statute of workers in the live performance sector, taking into account the specificity of mobility characteristics of this cultural sector, such as the French "statut des intermittents du spectacle" and wishes to encourage the preservation and strengthening of such actions;

2011/01/25
Committee: CULT

2010/2161(INI)

Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 10 b (new)

10b. Calls for the creation of a cultural visa for third country nationals, artists and other professionals in the cultural field, emulating the existing Scientific Visa Program in implementation since 2005;

2011/01/25
Committee: CULT

2010/2161(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 11

11. ~~Calls for IPR reform and the completion of the European Digital Market~~Stresses the need to ensure the broadest possible access to cultural assets of quality and to strengthen the EU's cultural industries' ~~competitive~~ position in a global economy, and therefore recommends freedom of circulation in respect of those assets, which will necessitate IPR reform to ensure fair remuneration for artists and protection for users;

2011/01/25
Committee: CULT

2010/2161(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 11 a (new)

11a. Emphasises the role of social media in the construction of a global public space in which every individual ultimately becomes a cultural agent participating in cultural exchanges;

2011/01/25
Committee: CULT

2010/2161(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 12

12. Regrets that censoring and monitoring of the internet is increasingly used by repressive regimes both within and outside the European Union, and recommends the Commission to develop an EU strategy to promote and defend internet freedom globally;

2011/01/25
Committee: CULT

2010/2161(INI)

Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 12 a (new)

12a. Reaffirms the principle of Net Neutrality that ensures that Internet remains a free and open technology, fostering democratic communication;

2011/01/25
Committee: CULT

2010/2161(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 13 a (new)

13a. Calls on the EEAS to promote constructive exchange between the different cultures contributing to cultural, social and economic life in the EU and with third countries, taking as a basis the foreign communities living on EU territory, and to foster the expression and exchange of a variety of cultural experiences flowing from these exchanges, including in diplomatic, trade and other talks between the EU and third countries;

2011/01/25
Committee: CULT

2010/2161(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 13 b (new)

13b. Stresses the need to devise effective strategies for intercultural talks and considers that a multicultural approach to this task may have a favourable impact on the conclusion of beneficial agreements, putting the EU and third country partners on an equal footing;

2011/01/25
Committee: CULT

2010/2161(INI)

Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 18

18. Calls on the EEAS to focus on coordination and strategic deployment of cultural aspects, with particular attention to artists' mobility issues, incorporating culture consistently and systematically into the EU's external relations and contributing to complementarity with Member State policies;

2011/01/25
Committee: CULT

2010/2161(INI)

Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 19

19. Calls for the appropriate training of EEAS staff with regard to cultural issues, artists' mobility and digital aspects;

2011/01/25
Committee: CULT

2010/2161(INI)

Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 24 a (new)

24a. Calls for Commission to look for ways to develop additional social, cultural and financial synergies through the cooperation of several organisations dedicated to the strengthening of cultural activities and exchanges, such as the British Council, Institut Français, Instituto Camões, the Goethe Institute, the Swedish Institute and their peers in third countries, urging them to go beyond cultural export and with the aim of promoting networking; insists on the fact that these undertakings should always be accompanied by efforts to promote within the EU the culture of the countries where these organisations are active;

2011/01/25
Committee: CULT

2010/2161(INI)

Rui TAVARES, Marie-Christine VERGIAT

Motion for a resolution
Paragraph 25 a (new)

25a. Proposes the creation of specific Information Systems to support the mobility of artists and other professionals in the cultural field as envisaged by the study commissioned by the DG Education and Culture of the European Commission, entitled "Information systems to support the mobility of artists and other professionals in the culture field: a feasibility study", published on March 2009;

2011/01/25
Committee: CULT

2010/2161(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 32

32. Recognises the link between cultural ~~rights~~diversity and human rights ~~and~~, but objects to the use of cultural arguments to justify human rights violations;

2011/01/25
Committee: CULT

2010/2028(INI)

Rui TAVARES

Motion for a resolution
Recital F

F. whereas changes in the audiovisual landscape in recent years, with the development of digital technologies and new media actors online, have impacted on the traditional dual broadcasting system, even contributing to a significant decline in the market and working conditions for professionals in the area,

2010/07/08
Committee: CULT

2010/2028(INI)

Rui TAVARES

Motion for a resolution
Recital K

K. whereas public broadcasters in some Member States are confronted with fundamental, life-threatening problems, both financially and ~~politically, which~~from the need to maintain their political independence and act ethically as members of the information profession, and this poses a direct threat to the very existence of the dual system and the democratic principles on which it is based,

2010/07/08
Committee: CULT

2010/2028(INI)

Rui TAVARES

Motion for a resolution
Recital O

O. whereas the EU currently does not have the appropriate instruments at its disposal to monitor, and react to, threats to the public media and the dual system in Member States or specific regions of the EU, despite the existence and presence of bodies representing professionalsc in the area and the public,

2010/07/08
Committee: CULT

2010/2028(INI)

Rui TAVARES

Motion for a resolution
Paragraph 16

16. Invites the Commission to launch an initiative on a possible legal framework for content aggregators under which search engines would contribute to content creation ensuring that the Internet mirrors the principle of the dual system and guaranteeing a desired level of media literacy over and above users' rights;

2010/07/08
Committee: CULT

2010/0801(COD)

Baroness Sarah LUDFORD, Elena Oana ANTONESCU, Heidi HAUTALA, Carmen ROMERO LÓPEZ, Rui TAVARES

Draft directive
Recital 7 a (new)

(7a) On 30 November 2009, the Council adopted the Roadmap on Procedural Rights which requested the Commission to put forward proposals on a "step by step" basis, on the right to interpretation and translation, the right to information about rights, the right to legal advice, before trial and at trial, the right for a detained person to communicate with family members, employers and consular authorities, and protection for vulnerable suspects.

2010/03/25
Committee: LIBE

2010/0801(COD)

Baroness Sarah LUDFORD, Elena Oana ANTONESCU, Heidi HAUTALA, Carmen ROMERO LÓPEZ, Rui TAVARES

Draft directive
Recital 7 b (new)

(7b) This Directive, the first measure on the Roadmap, should lay down common standards to be applied in the fields of interpretation and translation in criminal proceedings in order to enhance the necessary confidence among Member States.

2010/03/25
Committee: LIBE

2010/0801(COD)

Baroness Sarah LUDFORD, Elena Oana ANTONESCU, Heidi HAUTALA, Carmen ROMERO LÓPEZ, Rui TAVARES

Draft directive
Recital 10 a (new)

(10a) The suspected or accused person should be able, inter alia, to explain his version of the events to his legal counsel, point out any statements with which he disagrees and make his legal counsel aware of any facts that should be put forward in his defence.

2010/03/25
Committee: LIBE

2010/0801(COD)

Baroness Sarah LUDFORD, Heidi HAUTALA, Carmen ROMERO LÓPEZ, Rui TAVARES

Draft directive
Recital 12

(12) The finding that there is no need for interpretation or translation should be subject to ~~the possibility of review, in accordance with national law. Such review may be carried out, for example, through~~appeal. Member States should ensure that the suspect or accused person has the right to challenge a spdeci~~fic complaint procedure, or in the context of an ordinary appeal procedure against decisions on the merits~~sion finding that there is no need for interpretation including cases where interpretation or translation is so deficient that it amounts to an absence of interpretation.

2010/03/25
Committee: LIBE

2010/0801(COD)

Baroness Sarah LUDFORD, Elena Oana ANTONESCU, Heidi HAUTALA, Carmen ROMERO LÓPEZ, Rui TAVARES

Draft directive
Recital 16 a (new)

(16a) Member States should strive for a high level of qualification for interpreters and translators employed in criminal proceedings, including for those assisting suspected or accused persons with a physical or mental impairment, in order to ensure an adequate standard of interpretation and translation and guarantee the fairness of proceedings. In addition to general language skills, these translators and interpreters should have specialist knowledge of legal terminology. The qualification of interpreters and translators employed in criminal proceedings should be verified by a formal degree or any similar proof of proficiency in the language concerned and attested through accreditation or certification.

2010/03/25
Committee: LIBE

2010/0801(COD)

Baroness Sarah LUDFORD, Elena Oana ANTONESCU, Heidi HAUTALA, Carmen ROMERO LÓPEZ, Rui TAVARES

Draft directive
Recital 16 b (new)

(16b) Member States should ensure that there is a national register, or registers, of qualified interpreters and translators to be employed in criminal proceedings. The register or registers should be kept up to date so as to reflect, inter alia, the status of the interpreter's or translator’s qualifications, without prejudice to the application of rules on the protection of individuals with regard to the processing of personal data. Member States are encouraged to make their national registers accessible to competent authorities of other Member States. In this context, particular attention should be paid to the aim of facilitating the interconnection of databases for legal translators and interpreters, as envisaged in the European e-Justice action plan of 27 November 2008.

2010/03/25
Committee: LIBE

2010/0801(COD)

Baroness Sarah LUDFORD, Heidi HAUTALA, Carmen ROMERO LÓPEZ, Rui TAVARES

Draft directive
Recital 19 a (new)

(19a) In accordance with Articles 1, 2, 3 and 4 of Protocol on the position of United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on the Functioning of the European Union, the United Kingdom has notified its wish to participate in the adoption and application of this Directive. [Without prejudice to Article 4 of the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, Ireland will not participate in the adoption of this Directive and will not be bound by or be subject to its application]1. In accordance with Articles 1 and 2 of Protocol on the position of Denmark annexed to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Directive and is therefore not bound by it or subject to its application. ________________________ 1 The final wording of this recital in the Directive will depend on the actual position of IE, taken in accordance with the provisions of Protocol No 21.

2010/03/25
Committee: LIBE

2010/0801(COD)

Baroness Sarah LUDFORD, Elena Oana ANTONESCU, Heidi HAUTALA, Carmen ROMERO LÓPEZ, Rui TAVARES

Draft directive
Article 2 – paragraph 1

1. Member States shall ensure that a suspect~~ed or accused person~~ who does not understand or speak the language of the criminal proceedings concerned is provided without delay with interpretation ~~in his/her mother tongue or~~necessary in order to ensure he ins another language that he/she understands, in order to safeguard his/her rights to fair proceedings. Interpretation, including of communication between the suspected or accused person and his/her legal counsel, shall be provided during criminal proceedings before investigative and judicial authorities, including during police questioning, during all cble to understand the case against him and exercise his rights and to safeguard the fairness of the proceedings. Interpretation, including of communication between the suspect and his lawyer and covering legal advice received, shall be provided throughourt ~~hearings and during any necessary interim hearings, and may~~those proceedings. It shall also be provided in othe~~r situations. This provision does not affect rules of national law concerning the presence of a legal counsel during any stage of the criminal proceedings~~ case of detention for official contacts between the detaining authorities and the suspect.

2010/03/25
Committee: LIBE

2010/0801(COD)

Baroness Sarah LUDFORD, Elena Oana ANTONESCU, Heidi HAUTALA, Carmen ROMERO LÓPEZ, Rui TAVARES

Draft directive
Article 6

Nothing in this Directive shall be construed as limiting or derogating from any of the rights and procedural safeguards that may be ensured under the European Convention for the Protection of Human Rights and Fundamental Freedoms, under the EU Charter of Fundamental Rights, under other relevant provisions of international law or under the laws of any Member States which provide a higher level of protection.

2010/03/25
Committee: LIBE

2010/0801(COD)

Baroness Sarah LUDFORD, Elena Oana ANTONESCU, Heidi HAUTALA, Carmen ROMERO LÓPEZ, Rui TAVARES

Draft directive
Article 7 – paragraph 2

~~By the same date~~ Member States shall transmit to the ~~Council and to the~~ Commission the text of the provisions transposing into their national law the obligations imposed on them under this Directive together with a table showing how the provisions of this Directive correspond to the national provisions adopted.

2010/03/25
Committee: LIBE

2010/0312(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Recital 5

(5) The Stockholm Programme ‘considers that the evaluation of the Schengen area will continue to be of key importance ~~and that it therefore should be improved by strengthening the role of Frontex in this field~~’.

2011/05/30
Committee: LIBE

2010/0312(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Recital 7

(7) The experience gathered during previous evaluations demonstrates the need to maintain a coherent evaluation mechanism covering all areas of the Schengen acquis ~~except those where a specific evaluation mechanism already exists within EU law~~.

2011/05/30
Committee: LIBE

2010/0312(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 5 – paragraph 2

2. The multiannual programme shall contain the list of Member States to be evaluated each year. Each Member State shall be evaluated at least once during each five-year period. The order in which the Member States are to be evaluated shall be based on ~~a risk analysis taking into account the migratory pressure, internal security,~~balanced geographical representation, on the time which has elapsed since the previous evaluation and the balance between the different parts of the Schengen acquis to be evaluated.

2011/05/30
Committee: LIBE

2010/0312(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 6 – paragraph 1

1. By not later than 30 September each year, Frontex shall submit to the Commission a ~~risk analysis taking into account migratory pressure and~~n assessment making recommendations for priorities for evaluations in the next year. The recommendations shall refer to specific sections of the external borders and to specific border crossing-points to be evaluated in the next year under the multiannual programme. The Commission shall make this ~~risk analysis~~assessment available to the Member States and the European Parliament.

2011/05/30
Committee: LIBE

2010/0312(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 6 – paragraph 1 b (new)

1b.By the same deadline as stated in paragraph 1, the Fundamental Rights Agency shall submit to the Commission a risk analysis regarding the fundamental rights situation at external and internal borders, paying special attention to compliance with the abolition of checks at internal borders, making recommendations for priorities for evaluations in the next year. The Commission shall make this risk analysis available to the Member States and the European Parliament.

2011/05/30
Committee: LIBE

2010/0312(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 7 – paragraph 2

2. Member States shall provide their replies to the questionnaire to the Commission within six weeks of communication of the questionnaire. The Commission shall make the replies available to the other Member States and the European Parliament.

2011/05/30
Committee: LIBE

2010/0312(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 8 – paragraph 1 – introductory part

1. Taking into account ~~the risk analysis provided by Frontex in accordance with Article 6,~~ the replies to the questionnaire referred to in Article 7 and, where appropriate, other relevant sources, an annual evaluation programme shall be established by the Commission by not later than 30 November of the previous year. The programme may provide for evaluation of:

2011/05/30
Committee: LIBE

2010/0312(COD)

Cornelia ERNST, Rui TAVARES

Proposal for a regulation
Article 8 – paragraph 1 – indent 1

– application of the acquis or, where appropriate, parts of the acquis by one Member State, as specified in the multiannual programme;

2011/05/30
Committee: LIBE

2010/0312(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 9 – paragraph 4

4. The experts shall have appropriate qualifications, including a solid theoretical knowledge and practical experience in the areas covered by the evaluation mechanism, including respect for fundamental rights, along with sound knowledge of evaluation principles, procedures and techniques, and shall be able to communicate effectively in a common language.

2011/05/30
Committee: LIBE

2010/0312(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 13 – paragraph 1 – point b

(b) In the case of announced on-site visits, the report shall be drawn up by the team during the visit. The Commission official shall take overall responsibility for drafting the report and ensuring its integrity and quality. In case of disagreement, the team shall endeavour to reach a compromise. Dissenting opinions ~~may~~shall be included in the report.

2011/05/30
Committee: LIBE

2010/0312(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 13 – paragraph 5 – subparagraph 1

The Commission expert shall present the report and the reply from the Member State to the committee established in accordance with Article 15 and to the European Parliament. Member States shall be invited to comment on the replies to the questionnaire, the report and the comments by the Member State concerned.

2011/05/30
Committee: LIBE

2010/0312(COD)

Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT

Proposal for a regulation
Article 13 – paragraph 7

7. If the report of an on-site visit ~~reveals a serious deficiency deemed to have a significant impact on the overall level of security of one or more Member States~~contains one or more findings that receive a classification under point (c) of Article 13(3), the Commission, on its own initiative or at the request of a Member State, shall inform the Council and the European Parliament as soon as possible.

2011/05/30
Committee: LIBE

2010/0312(COD)

Cornelia ERNST, Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 14 – paragraph 1

The teams shall regard as confidential any information they acquire in the course of performing their duties. The reports drawn up following on-site visits shall be classified as restricted. This classification does not preclude the report from being made available to the European Parliament. The Commission, after consulting the Member State concerned, shall decide which part of the report can be made public.

2011/05/30
Committee: LIBE

2010/0252(COD)

Rui TAVARES

Proposal for a decision
Recital 15 a (new)

15a. Moreover, the expansion of the spectrum by the abovementioned sectors should be accompanied by means of public information on the additional use of the spectrum, as well as training programmes, allowing citizens to expand the inherent official initiatives and creating a real ability to mobilise society.

2011/02/04
Committee: CULT

2010/0252(COD)

Rui TAVARES

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

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;, without prejudice to the rights of consumers, especially those who still depend on analogue distribution as their only means of accessing public broadcasting and communications, in particular elderly citizens, inhabitants of rural areas and the 'info-excluded'.

2011/02/04
Committee: CULT

2010/0252(COD)

Rui TAVARES

Proposal for a decision
Article 3 – paragraph 1 – point a

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;, including adopting enhanced measures of protecting local or regional radio broadcasters that depend on local or regional financial support from a strong competitive market, which results in better media diversity.

2011/02/04
Committee: CULT

2010/0252(COD)

Rui TAVARES

Proposal for a decision
Recital 1

(1) Article 8a(3) of the Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)3 provides that the Commission may submit a legislative proposal to the European Parliament and Council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services. These policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market. This Decision is without prejudice to existing EU law, in particular Directives 1999/5/EC and Directives 2002/20/EC and 2002/21/EC, as well as Decision No 676/2002/EC. It is also without prejudice to measures taken at national level, in compliance with EU law, to pursue general interest objectives, in particular relating to content regulation and audio-visual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence. Furthermore, having realised that there is a real risk of interference in the general reception of audiovisual broadcasting - analogue or not -, such policies and the market it refers to must ensure a strong consumer's rights protection and proper public information on the forthcoming change.

2011/02/04
Committee: CULT

2010/0074(COD)

Rui TAVARES

Proposal for a regulation
Recital 4 a (new)

(4a) These procedures should respect the fact that, in addition to being able to submit a citizens' initiative, citizens may present individual petitions to the European Parliament and thus already have a means of recourse to the European Parliament, even when they seek to amend or change the Treaties.

2010/10/13
Committee: LIBE

2010/0074(COD)

Rui TAVARES

Proposal for a regulation
Recital 10

(10) It is appropriate to provide for statements of support to be collected in paper form as well as online. Online collection systems should have adequate security features in place in order to ensure, inter alia, that the person can be identified and that the data are securely stored. For this purpose, the Commission should be required to set out detailed technical specifications for online collection systems and to guarantee the development of an open-source software to that effect. The daily management of the central website should be placed under the supervision of the European Parliament.

2010/10/13
Committee: LIBE

2010/0074(COD)

Rui TAVARES, Marie-Christine VERGIAT

Proposal for a regulation
Recital 16 a (new)

(16a) It is of the utmost importance that organisers of a citizen's initiative provide a fully detailed declaration of any financial means used to support and promote the initiative, in order to ensure full transparency and to identify and disqualify entities or individuals who seek to use this democratic tool in order to attain purely commercial or lucrative goals.

2010/10/13
Committee: LIBE

2010/0074(COD)

Rui TAVARES

Proposal for a regulation
Recital 17

(17) The Commission sh~~ould examine a~~all favourably examine a successful citizens's initiative and ~~set out its conclusions and the actions it envisages to tak~~outline any intention to make use of its right of initiative in response to it, within a period of four months.

2010/10/13
Committee: LIBE

2010/0074(COD)

Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 2 – point 2

2. "Signatories” means ~~citiz~~residents of the Union that have supported a given citizens’ initiative by completing a statement of support for that initiative; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

2010/10/13
Committee: LIBE

2010/0074(COD)

Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 4 – paragraph 4

4. The Commission shall reject the registration of proposed citizens' initiatives which are manifestly against the values of the Union. The Commission’s reasons for rejecting initiatives shall be well-founded and be published on the website it shall set up for that purpose.

2010/10/13
Committee: LIBE

2010/0074(COD)

Rui TAVARES

Proposal for a regulation
Article 6 – paragraph 1

1. Where statements of support are collected electronically, the data obtained through the online collection system shall be stored in the territory of a Member State or centrally by the European Parliament. The model for the statement of support forms may be adapted for the purpose of the electronic collection.

2010/10/13
Committee: LIBE

2010/0074(COD)

Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1a. Data submitted by signatories through the online collection system must be checked, stored and destroyed in accordance with the Union’s rules on data protection and the right to privacy and be managed by independent bodies obliged to maintain confidentiality.

2010/10/13
Committee: LIBE

2010/0074(COD)

Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 6 – paragraph 5

5. Within the 12 months following the entry into force of this Regulation, the Commission shall ~~adopt~~undertake in conjunction with the European Data Protection Supervisor an evaluation enabling it to adopt, where necessary, technical specifications for the implementation of paragraph 4, in accordance with the regulatory procedure laid down in Article 19(2). The evaluation shall be forwarded to Parliament, together with the proposals.

2010/10/13
Committee: LIBE

2010/0074(COD)

Rui TAVARES, Marie-Christine VERGIAT

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 a (new)

2a. The organiser shall also submit to the competent authorities a fully detailed declaration of any financial support it may have received or enjoyed from any interest group or representatives of interest groups, throughout the entire duration of the collection of statements of support, so as to ensure full transparency throughout the entire life cycle of the citizen's initiative.

2010/10/13
Committee: LIBE

2010/0074(COD)

Rui TAVARES

Proposal for a regulation
Article 9 – paragraph 2

2. The competent authorities shall, within a period that shall not exceed three months, verify the statements of support provided on the basis of ~~appropriat~~sample checks, and deliver to the organiser a certificate in accordance with the model set out in Annex VII, certifying the number of valid statements of support for that Member State. The percentage of invalid signatures in the sample will be deducted from the overall number of statements of support. A certificate will only be issued if the remaining number of statements of support exceeds one million.

2010/10/13
Committee: LIBE

2010/0074(COD)

Rui TAVARES

Proposal for a regulation
Article 11 – paragraph 1 – point b

b. favourably examine the citizens' initiative and, within 4 months, set out in a communication its conclusions on the initiative, the action it intends to take, if any, and its reasons for doing so.

2010/10/13
Committee: LIBE

2010/0074(COD)

Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 15

The Commission may adopt, by means of delegated acts in accordance with Articles 16, 17 and 18, amendments to all the Annexes tof this Regulation apart from Annexes II and III.

2010/10/13
Committee: LIBE

2010/0074(COD)

Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2

The delegated act ~~may~~shall be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

2010/10/13
Committee: LIBE

2010/0074(COD)

Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Article 20 – paragraph 2

The Commission shall inform the other Member States and the European Parliament thereof.

2010/10/13
Committee: LIBE

2010/0074(COD)

Marie-Christine VERGIAT, Rui TAVARES

Proposal for a regulation
Annex II – point 4

~~4. The legal base of the Treaties which would allow the Commission to act;~~deleted

2010/10/13
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Draft legislative resolution
Citation 2

– having regard to Article 294(2), and Articles 16, 82(2) and ~~Article~~ 83(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7- 0088/2010),

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Draft legislative resolution
Citation 2 a (new)

– having regard to Articles 7, 8, 11 and 24 of the Charter of Fundamental Rights of the European Union,

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Draft legislative resolution
Citation 2 b (new)

– having regard to Articles 8 and 10 of the European Convention on Human Rights,

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Draft legislative resolution
Citation 2 c (new)

– having regard to the 1989 United Nations Convention on the Rights of the Child, particularly Articles 19 and 34 thereof,

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Draft legislative resolution
Citation 2 d (new)

– having regard to the 2007 Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse,

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Recital 7

(7) TUnless there is an element of abuse, coercion or exploitation, this Directive does not govern Member States' policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Recital 8

(8) Investigating offences and bringing charges in criminal proceedings should be facilitated, to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace. To ensure successful investigations and prosecutions of the offences referred to in this Directive, effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences. These tools may include covert operations~~, interception of communications, covert surveillance including el~~ or surveillance as long as the protectrion~~ic surveillance, monitoring of bank accounts or other financial investigation~~ of privacy is respected in accordance with national and EU standards.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Recital 10

(10) Measures to protect child victims should be adopted in their best interest, taking into account an assessment of their needs, including the protection of their identity at all times. Such measures should also include the prevention of such abuse through the organisation of awareness-raising campaigns addressed to all parties concerned, including children, parents and education practitioners, in order for them to learn to recognise the signs of sexual abuse, both online and offline. Child victims should have easy access to legal remedies, including free legal counselling and representation and measures to address conflicts of interest where abuse occurs in the family. Moreover, child victims should be protected from sanctions, for example under national legislation on immigration or prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma as a result of interviews or visual contact with offenders.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Recital 11

(11) To prevent and minimise recidivism, offenders should be subject to an assessment of the danger posed by the offenders and the possible risks of repetition of sexual offences against children, and should have access to effective intervention programmes or measuhave access to support programmes, treatment or cares on a voluntary basis.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Recital 12

(12) ~~Where the danger posed by the offender~~In cases of recidivism, or attempts thereof, measures cand the possible risks of repetition of the offences make it appropriate, convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts with children, wh be adopted by a judiciary authority in order to temporarily or permanently prevent any regular professional contacts between the offenderes a~~ppropriate~~nd children. Implementation of such prohibitions throughout the EU should be facilitated.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Recital 13

(13) Child pornography, which constitutes sex abuse images, is a specific type of content which cannot be construed as the expression of an opinion. To combat it, it is necessary to reduce the circulation of child abuse material ~~by making it more difficult for offenders to upload such content onto the publicly accessible Web~~. Action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images. The EU, in particular through increased cooperation with third countries and international organisations, should seek to facilitate the effective removal by third country authorities of websites containing child pornography, which are hosted in their territory. ~~However as, despite such efforts, the removal of child pornography content at its source proves to be difficult where the original materials are not located within the EU~~For that purpose, mechanisms should ~~also~~ be put in place to block access from the Union's territory to internet pages identified as containing or disseminating child pornography. For that purpose, different mechanisms can be used as appropriate, including facilitating thestrengthen international comopetent judicial or police authorities to order such blocking, or supporting and stimulating Internet Service Providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such Internet pages. Both with a view to the removal and the blocking of child abuse content, cooperation between pubration between states, judicial and police authorities should be established and strengthened, particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users, adhere to existing legal and judicial procedures and comply with the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. The Safer Internet Programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online, and reporting points for child pornography in order to ensure the safe and fast removal such websites.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 3 – paragraph 5

5. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least ten years.

2011/01/19
Committee: LIBE

2010/0064(COD)

Cornelia ERNST, Rui TAVARES, Kyriacos TRIANTAPHYLLIDES

Proposal for a directive
Article 6 – paragraph 1

T~~he proposal, by means of information and communication technology, by~~o influence, as an adult ~~to meet~~, a child who has not reached the age of sexual consent under national law, ~~for the purpose of~~by means of written or spoken word or by the showing of pornographic material, in order to commit~~ting~~ any of the offences referred to in Articles 3 (3) ~~and~~, Article 54 (62), ~~where this proposal has been followed by material acts leading to such a meeting~~and Article 5 (6), shall be punishable by a maximum term of imprisonment of at least two years.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 8 – paragraph 1

The provisions of Article 3 (2), with regard to witnessing sexual activities, and (3);, Article 4 (2) and (4) and Article 5 do not govern consensual sexual activities between children or involving persons who are close in age and degree of psychological and physical development or maturity, insofar as the acts did not involve any abuse, exploitation, coercion, force or threats.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) the child has not reached the age of sexual consent under national law, or exhibits signs of slower physical and psychological development;

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 13 – paragraph 1

Member States shall ~~provide for the possibility of~~ not prosecut~~ing~~e or impos~~ing~~e penalties on child victims of the offences referred to in Articles 4 and Article 5 (4) to (6) for their involvement in unlawful activities as a direct consequence of being subjected to those offences.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 14 – paragraph 4

4. Member States shall take the necessary measures to enable investigative units or services, in accordance with national and EU data protection legislation, to attempt to identify the victims of the offences referred to in Articles 3 to 7, in particular by analysing child pornography material, such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Cornelia ERNST

Proposal for a directive
Article 14 – paragraph 4

4. Member States shall take the necessary measures to enable investigative units or services to attempt to identify the victims of the offences referred to in Articles 3 to 7, in particular by analysing child pornography material, such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology. For that purpose, mechanisms shall be put in place to ensure the efficient cooperation and knowledge transfer between law enforcement authorities, judicial authorities, social welfare authorities, the Information and Communication Technology (ICT) industry and civil society organisations. Police forces and social services should work together on these cases so that children receive an adequate response and treatment when they are identified.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 17 – paragraph 2 a (new)

2a. As soon as the competent authorities have an indication that the child might be subjected to an offence referred to in Articles 3 to 7 of this Directive, an individual assessment of the special circumstances of the child victim, taking due account of the child's views, needs and concerns, shall be carried out. Social welfare authorities shall be present during this assessment, which will aim to: a) determine the level of maturity of the victim; b) establish the parameters of the consent of the victim; c) verify the age of the victim; d) determine possible psychological or physical damage, and whether coercion was involved; e) verify whether there was a conflict of interest from a family member or someone in close contact with the victim. On the basis of this assessment, Member States shall take the necessary measures to ensure that specific actions are taken to assist and support victims in the short and long-term, in their physical, psychological and social recovery, including appropriate and safe accommodation, material assistance, medical treatment, including psychological assistance and counselling as well as access to education. Victims with special needs must also be attended appropriately.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 17 – paragraph 2 b (new)

2b. Member States shall take the necessary measures to ensure that assistance and support to the victim are not made conditional on the victim's willingness to cooperate in the criminal investigation and/or proceedings.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 17 – paragraph 2 c (new)

2c. Member States shall ensure that the identity of the child will be protected before, during and after the criminal proceedings, regardless of their willingness to cooperate in the criminal investigation and/or proceedings.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 17 – paragraph 2 d (new)

2d. Member States' social welfare authorities will establish links with local civil society organisations or local support networks engaged in the protection of and assistance to victims of sexual abuse or exploitation to ensure victims have any necessary protection and assistance and to ensure victims continue to receive adequate support and protection for an appropriate period of time after they reach eighteen years of age.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 18

Assistance and support to victims 1. Member States shall take the necessary measures to ensure that assistance and support are provided to victims before, during and for an appropriate time after criminal proceedings in order to enable them to exercise the rights set forth in Council Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings, and in this Directive. 2. Member States shall take the necessary measures to ensure that the specific actions to assist and support victims in the short and long term, in their physical and psycho-social recovery, are undertaken following an individual assessment of the special circumstances of each particular child victim, taking due account of the child's views, needs and concerns. 3. Victims of any of the offences referred to in Articles 3 to 7 shall be considered as particularly vulnerable victims pursuant to Article 2 (2), Article 8 (4) and Article 14 (1) of Framework Decision 2001/220/JHA. 4. Member States shall take measures, where appropriate and possible, to provide assistance and support to the victim's family. In particular, Member States shall, where appropriate and possible, apply Article 4 of Council Framework Decision 2001/220/JHA to the family.deleted

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 19 – title

PAssistance, support and protection of child victims in criminal investigations and proceedings

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 19 – paragraph 1

1. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, judicial authorities appoint a special representative for the child victim where, by national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the familye child victim is given an appropriate time period to decide if he or she will cooperate with the competent authorities in the criminal proceedings.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 19 – paragraph 1 a (new)

1a. Victims of any of the offences referred to in Articles 3 to 7 shall be considered as particularly vulnerable victims pursuant to Article 2 (2), Article 8 (4) and Article 14(1) of Framework Decision 2001/220/JHA.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 19 – paragraph 1 b (new)

1b. Member States shall take measures, where appropriate and possible, to provide assistance and support to the victim’s family. In particular, Member States shall, where appropriate and possible, apply Article 4 of Council Framework Decision 2001/220/JHA to the family.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 19 – paragraph 1 c (new)

1c. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, judicial authorities appoint a special representative for the child victim where, by national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 20 a (new)

Article 20a Prevention Measures 1. Member States shall take appropriate actions such as information and awareness raising campaigns, research and education programmes, where appropriate in cooperation with civil society organisations and local support networks, aimed at raising awareness and reducing the risk of children becoming victims of sexual abuse, sexual exploitation or sexual abuse images. These measures must be addressed to all parties concerned, including children, parents and education practitioners, in order for them to learn how to recognise the signs of sexual abuse, both online and offline. 2. Help-lines shall be set up create a safe and anonymous communication channel between children that are or may be victims and members of relevant civil society organisations or local support networks.

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 20 – paragraph 3 – introductory part

3. Member States shall take the necessary measures to ensure ~~that persons convicted of offences referred to in Articles 3 to 7, where appropriate considering the assessment referred to in paragraph 1:~~ , in criminal court proceedings relating to any of the offences referred to in Articles 3 to 7, that in order as far as possible to prevent any secondary victimisation it may be ordered that:

2011/01/19
Committee: LIBE

2010/0064(COD)

Kyriacos TRIANTAPHYLLIDES, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 20 – paragraph 3 – point c

(c) ~~are fully informed of the reasons for the proposal to have access to the specific programmes or measur~~visual contact between the victim(s) and the offender(s), including during the giving of evidence such as interviews and cross-examination, shall be avoided if necessary as far as possible notably through the use of appropriate communication technologies;.

2011/01/19
Committee: LIBE

2010/0064(COD)

Jan Philipp ALBRECHT, Françoise CASTEX, Cornelia ERNST, Nadja HIRSCH, Ska KELLER, Jean LAMBERT, Stavros LAMBRINIDIS, Birgit SIPPEL, Rui TAVARES, Kyriacos TRIANTAPHYLLIDES, Sophia IN 'T VELD, Cecilia WIKSTRÖM

Proposal for a directive
Article 21 – title

~~Blocking access to~~Measures addressing websites containing child ~~pornography~~abuse images

2011/01/19
Committee: LIBE

2010/0064(COD)

Jan Philipp ALBRECHT, Françoise CASTEX, Cornelia ERNST, Nadja HIRSCH, Ska KELLER, Jean LAMBERT, Stavros LAMBRINIDIS, Birgit SIPPEL, Rui TAVARES, Kyriacos TRIANTAPHYLLIDES, Sophia IN 'T VELD, Cecilia WIKSTRÖM

Proposal for a directive
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 I~~removal 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.

2011/01/19
Committee: LIBE

2010/0064(COD)

Jan Philipp ALBRECHT, Françoise CASTEX, Cornelia ERNST, Nadja HIRSCH, Ska KELLER, Jean LAMBERT, Stavros LAMBRINIDIS, Birgit SIPPEL, Rui TAVARES, Kyriacos TRIANTAPHYLLIDES, Sophia IN 'T VELD, Cecilia WIKSTRÖM

Proposal for a directive
Article 21 – paragraph 2

2. ~~Without prejudice to the above, Member States shall take the necessary measures to obtain the removal of i~~In 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.

2011/01/19
Committee: LIBE

2010/0064(COD)

Jan Philipp ALBRECHT, Françoise CASTEX, Cornelia ERNST, Nadja HIRSCH, Ska KELLER, Jean LAMBERT, Stavros LAMBRINIDIS, Birgit SIPPEL, Rui TAVARES, Kyriacos TRIANTAPHYLLIDES, Sophia IN 'T VELD, Cecilia WIKSTRÖM

Proposal for a directive
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.

2011/01/19
Committee: LIBE

2010/0044(COD)

Rui TAVARES

Proposal for a decision
Article 3 – paragraph 1 – indent 1

– Strengthening European citizens’ ~~sense of belonging to the European Union, based on shared elements of~~access to European historyic and cultural ~~heritage, as well as an appreciation of div~~common hersityage;

2010/10/04
Committee: CULT

2010/0044(COD)

Rui TAVARES

Proposal for a decision
Article 3 – paragraph 3 – indent 2

– ~~Rais~~enhance young people’s ~~awareness of their common cultural heritage~~tools of cultural exchange inside and outside the European Union in accordance with emancipatory and intercultural European values;

2010/10/04
Committee: CULT

2010/0044(COD)

Rui TAVARES

Proposal for a decision
Article 7 – point 3 – indent 4

– ensuring ~~access for the widest possible public, for example through site adaptations or staff training~~that each institution has a clear and comprehensive strategy for new sectors of the general public regarding local social and cultural specificities;

2010/10/04
Committee: CULT

2010/0039(COD)

Rui TAVARES

Draft legislative resolution
Paragraph 2 a (new)

2a. Calls on the Commission to put forward as soon as possible a new proposal for the overall revision of the Frontex's mandate;

2011/01/06
Committee: LIBE

2010/0039(COD)

Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT

Proposal for a regulation – amending act
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.

2011/01/06
Committee: LIBE

2010/0039(COD)

Rui TAVARES

Proposal for a regulation – amending act
Recital 4

(4) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, notably 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, right to asylum, non- refoulement, prohibition of collective expulsions, non discrimination, the rights of the child and right to an effective remedy. This Regulation should be applied by the Member States in accordance with these rights and principles.

2011/01/06
Committee: LIBE

2010/0039(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation – amending act
Recital 4 a (new)

(4a) Measures taken in the course of surveillance operations should be proportionate to the objectives pursued and fully respect fundamental rights and the rights of refugees and asylum seekers, including in particular the prohibition of refoulement. Member States are bound by the provisions of the asylum acquis with regard to applications for asylum made in their territories, including at the border or in the transit zones, of Member States.

2011/01/06
Committee: LIBE

2010/0039(COD)

Rui TAVARES

Proposal for a regulation – amending act
Recital 7

(7) Efficient management of the external borders through checks and surveillance contributes to combat illegal immigration and trafficking in human beings ~~and to reduce the threats to the internal security, public policy, public health and international relations of the Member States~~.

2011/01/06
Committee: LIBE

2010/0039(COD)

Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT

Proposal for a regulation – amending act
Recital 7

(7) Efficient management of the external borders through checks and surveillance contributes to combat ~~illegal immigration and~~ trafficking in human beings and to reduce the threats to the internal security, public policy, public health and international relations of the Member States.

2011/01/06
Committee: LIBE

2010/0039(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation – amending act
Recital 10

(10) The mandate of the Agency should therefore be revised in order to strengthen in particular the operational capabilities of the Agency while ensuring that all measures taken are proportionate to the objectives pursued and fully respect fundamental rights and the rights of refugees and asylum seekers, including in particular the prohibition of refoulement and collective expulsions.

2011/01/06
Committee: LIBE

2010/0039(COD)

Rui TAVARES

Proposal for a regulation – amending act
Recital 11

(11) Current possibilities for providing effective assistance to the Member States regarding the operational aspects of external border management should be reinforced as concerns the available technical resources; the Agency must be able to plan with sufficient accuracy the coordination of joint operations or pilot projects.deleted

2011/01/06
Committee: LIBE

2010/0039(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation – amending act
Recital 12

(12) Minimum levels of necessary technical equipment provided on a compulsory basis by the Member States and/or the Agency will largely contribute to a better planning and implementation of the envisaged operations coordinated by the Agency.deleted

2011/01/06
Committee: LIBE

2010/0039(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation – amending act
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 exter, together with the United Nations High Commissioner for Refugees, the European Asylum Support Office, the International Organization for Migration and other relevant European and international bor~~ders and removal of third-country nationals illegally present in the Member States for officers of the competent national service~~ganisations, should provide training, including on fundamental rights, at European level for national instructors of border guards. 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.

2011/01/06
Committee: LIBE

2010/0039(COD)

Rui TAVARES, Cornelia ERNST

Proposal for a regulation – amending act
Recital 21

(21) In most Member States, the operational aspects of return of third- country nationals illegally present in the Member States fall within the competencies of the authorities responsible for controlling the external borders. As there is a clear added value in performing these tasks at Union level, the Agency should, in full compliance with the Union's return policy, accordingly provide the necessary assistance and coordination for organising joint return operations of Member States and identify best practices on the acquisition of travel documents and define a Code of Conduct to be followed during the removal of third-country nationals illegally present in the territories of the Member States. No Union financial means should be made available for activities and operations that are not carried out in conformity with the Charter of Fundamental Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms and the protocols thereto.

2011/01/06
Committee: LIBE

Rui TAVARES

Motion for a resolution
Recital G

G. whereas both local and international, governmental and nongovernmental organisations, especially the UNHCR, should be involved in all stages of the EU Resettlement Programme, contributing with their specific information, ~~logistic~~technical expertise, logistic forecasting and experience,

2010/03/05
Committee: LIBE

2009/2240(INI)

Rui TAVARES

Motion for a resolution
Recital E a (new)

Ea. whereas in its 7 May 2009 Resolution, the European Parliament has also called for mandatory solidarity in the resettlement of refugees within the EU where, inter alia, the reception capacities of one Member State are insufficient, in order to facilitate the resettlement of beneficiaries of international protection in other Member States, providing that those concerned consent and that their fundamental rights are respected,

2010/03/05
Committee: LIBE

2009/2240(INI)

Rui TAVARES

Motion for a resolution
Paragraph 4 a (new)

4a. Considers that under the new financial perspectives (2013–2017) a specific envelope for resettlement should be established. Such an envelope could take the form of a dedicated resettlement fund and should provide financial support for a more ambitious resettlement programme;

2010/03/05
Committee: LIBE

2009/2240(INI)

Rui TAVARES

Motion for a resolution
Paragraph 5

5. Underlines that an effective EU Resettlement Programme should provide protection and durable solutions both for long term protracted refugee situations as well as for rapid and adequate responses in case of emergency or unforeseen urgency, and that the setting of annual priorities should be such as to enable a prompt reaction in sudden humanitarian crises which might occur throughout the year;

2010/03/05
Committee: LIBE

2009/2240(INI)

Nadja HIRSCH, Rui TAVARES

Motion for a resolution
Paragraph 6 b (new)

6b. Believes that municipalities already involved, or getting involved, in resettlement should create partnerships and twinnings with other municipalities in their home country and in the EU Member States in order to exchange their experiences in this field and strengthen cooperation across the EU;

2010/03/05
Committee: LIBE

2009/2240(INI)

Rui TAVARES

Motion for a resolution
Paragraph 19

19. Recognises that an adequate resettlement programme requires a ~~constant~~regular update of the nationalities and categories of refugees that should be prioritised in the resettlement process, with special regard to geographical emergencies and particularly vulnerable persons who are most in need of protection;

2010/03/05
Committee: LIBE

2009/2240(INI)

Rui TAVARES

Motion for a resolution
Paragraph 20 a (new)

20a. Suggests that a delegation of Members from its Civil Liberties, Justice and Home Affairs (LIBE), Foreign Affairs (AFET) and Development (DEVE) committees participate in the yearly meeting of the resettlement expert group;

2010/03/05
Committee: LIBE

2009/2240(INI)

Rui TAVARES

Motion for a resolution
Paragraph 27

27. Calls, nevertheless, for greater incentives to encourage more Member States to participate in the EU Resettlement Programme; acknowledges that while greater financial assistance is important, one should not undermine the contribution that the EASO can provide with regard to this aspect by helping to equalise through raising the quality of services offered to refugees in Member States and offering assistance with the most efficient practices for hosting and integration;

2010/03/05
Committee: LIBE

2009/2240(INI)

Rui TAVARES

Motion for a resolution
Paragraph 28

28. Suggests more substantial financial assistance to Member States which wish to start participating in the EU Resettlement Programme, in order to ~~alleviate the initial burden of setting up a resettlement initiative, calls for a Member State to receive EUR 6 000 per refugee in the first year~~help them create a sustainable resettlement programme and to alleviate the initial burden of ~~hos~~setting, EUR 5 000 in the second year and then EUR 4 000 in the remaining years, instead of EUR 4 000 per refugee; suggests that in order to avoid an excessive impact on the European Refugee Fund resulting from Member States which might wish to host a large number of refugees in the first year, the abovementioned amounts could be made available up to a certain quota of refugees up such an initiative; suggests that in order to avoid an excessive impact on the European Refugee Fund, the value of the financial assistance shall be equalised to the other Member States after the first years of participation to the programme;

2010/03/05
Committee: LIBE

2009/2240(INI)

Nadja HIRSCH, Rui TAVARES

Motion for a resolution
Paragraph 30 a (new)

30a. Calls on the Member States involved in the resettlement programme to evaluate their measures taken in the resettlement procedure so as to secure and improve the refugees' integration. Member States should also follow up regularly on the refugees' integration;

2010/03/05
Committee: LIBE

2009/2240(INI)

Rui TAVARES

Motion for a resolution
Paragraph 33

33. Calls on the ~~UNHCR and local NGOs~~EASO, namely through its proposed resettlement Unit, to establish clear criteria for quality resettlement in close cooperation with UNHCR, NGOs and local authorities and follow the resettlement of the refugees, in order to contribute to the evaluation of the resettlement activities in the Member States;

2010/03/05
Committee: LIBE

2009/2240(INI)

Nadja HIRSCH, Rui TAVARES

Motion for a resolution
Paragraph 33

33. Calls on the UNHCR, the Resettlement Unit and local NGOs to contribute to the establishment of clear criteria for quality resettlement and follow the resettlement of the refugees, in order to contribute to the evaluation of the resettlement activities in the Member States;

2010/03/05
Committee: LIBE

2009/2229(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 7 a (new)

7a. Hopes that the European Union will incorporate provisions concerning the question of ethics in partnership agreements, particularly when they include a section on culture;

2010/02/02
Committee: CULT

2009/2225(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 2

2. Underlines the importance of ~~teaching second~~familiarising children as early ~~school students how to use online resources, in particular governmental on~~as possible with uses of the Internet and including ad hoc programmes, in ~~order to make them familiar with ICT and to increase their interest in the political environment~~primary school teaching which will teach pupils how to use online resources actively and creatively;

2010/02/02
Committee: CULT

2009/2225(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 2 a (new)

2a. Suggests that introductory courses in ICT should be made available to everyone in all Member States in order to combat the digital divide, particularly in countries where e-administration is being developed, as this could not fail to help strengthen social cohesion and public awareness;

2010/02/02
Committee: CULT

2009/2225(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 3

3. Recognises the importance of e-learning as a method of education adapted to ICT innovations which can meet the needs of people who do not have ready access to conventional educational methods, but underlines the need for the exchange of information between teachers, students and other interested parties;

2010/02/02
Committee: CULT

2009/2225(INI)

Rui TAVARES, Marie-Christine VERGIAT

Draft opinion
Paragraph 3 a (new)

3a. Recommends launching an inquiry at European level with a view to obtaining precise indicators from each Member State concerning ICT use and requirements at local level, so as to boost cooperation between official bodies and civil society in order to define objectives and priorities for a new strategy for Europe's information society;

2010/02/02
Committee: CULT

2009/2225(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 4

4. Recommends that an EU-level information campaign be initiated in order to achieve a higher level of awareness, particularly in terms of issues concerning the protection of private life, personal data protection and compliance with copyright rules;

2010/02/02
Committee: CULT

2009/2225(INI)

Marie-Christine VERGIAT, Rui TAVARES

Draft opinion
Paragraph 6

6. Calls for the ~~creation~~establishment of a European Pdigital platform using a range of instruments (Video-On-Demand (VOD) and an Internet portal), where Union citizens would have access to European films as well as other European cultural events such as concerts and plays~~, through the use of Video-On- Demand (VOD)~~;

2010/02/02
Committee: CULT

2009/2161(INI)

Rui TAVARES

Motion for a resolution
Paragraph 14

14. Expects concrete actions by the new Commissioner responsible, in line with already declared intentions: to introduce a fundamental-rights impact assessment of all new legislative proposals; to oversee the legislative process to ensure that emerging final texts comply with the Charter; and to apply a ‘zero tolerance’ policy on violations of ~~the Charter~~fundamental rights, initiating infringement proceedings when there are good grounds for doing so;

2010/11/11
Committee: LIBE

2009/2161(INI)

Rui TAVARES

Motion for a resolution
Paragraph 16

16. Reminds the Commission to undertake objective investigations and start infringement proceeding if there are good grounds for doing so, thus avoiding double standards, whenever a Member State, in implementing EU legislation, violates the ~~rights enshrined in the Charter~~fundamental rights; further reminds the Commission to request that Member States provide promptly reliable data and facts;

2010/11/11
Committee: LIBE

2009/2161(INI)

Rui TAVARES

Motion for a resolution
Paragraph 20

20. Calls on the Council to adapt to the changes required by the Treaty and to comply with the Charter when legislating; therefore welcomes the establishment of a standing Working Party on Fundamental Rights, Citizens Rights and Free Movement of Persons and hopes that this new body will work transparently and efficiently, in loyal cooperation with the European Parliament;

2010/11/11
Committee: LIBE

2009/2161(INI)

Rui TAVARES

Motion for a resolution
Paragraph 31

31. Calls on the EU Member States to sign up to, and ratify, the core Council of Europe and United Nations human-rights conventions and the additional optional protocols: among others, the European Social Charter, the Framework Convention for the Protection of National Minorities, the European Charter for Regional or Minority Languages, the UN Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, ~~and~~ the Convention on the Elimination of All Forms of Discrimination against Women, and the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families; furthermore, suggests that, in the European legislative process, more account be taken of international documents and more reference made to them;

2010/11/11
Committee: LIBE

2009/2161(INI)

Rui TAVARES

Motion for a resolution
Paragraph 32 a (new)

32a. Calls on the Council and the Commission to authorise FRONTEX to establish structured cooperation with the agencies dealing with fundamental rights or migrants or asylum and the UNHCR, so as to facilitate operations which have implications for the protection of human rights;

2010/11/11
Committee: LIBE

2009/2161(INI)

Rui TAVARES

Motion for a resolution
Paragraph 35 – indent 1

– protecting the four fundamental freedoms as the basic EU achievements, namely the freedom of movement,

2010/11/11
Committee: LIBE

2009/2161(INI)

Rui TAVARES

Motion for a resolution
Paragraph 35 – indent 2

– protecting personal data and privacy, including transfer and storage of financial and personal data, and promotecting the ~~right balance between individual freedoms and~~individual freedoms in the context of the collective security challenge~~d by new forms of terrorism~~s,

2010/11/11
Committee: LIBE

2009/2161(INI)

Rui TAVARES

Motion for a resolution
Paragraph 35 – indent 6

– prohibiting and eliminating all forms of discrimination against a large number of ~~minoritie~~social groups,

2010/11/11
Committee: LIBE

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Recital B

B. whereas all young people are an i~~mportant resource to~~ntegral part of society and should be recognised as such,

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Recital C

C. whereas, while European youth is exposed to growing unemployment rates and ~~is badly affect~~job insecurity which are compounded by the current economic crisis, securing appropriate, lasting and high- quality employment is important,

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Recital E

E. whereas young people’s transition between education and training and the labour market should be facilitated ~~and early school-leaving reduced~~,

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Recital E a (new)

Ea. whereas absolute priority should be given as a matter of urgency to the problems of early school-leaving and illiteracy, in particular among adolescents and the youth prison population,

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Recital H

H. whereas an effective youth policy can contribute to the development of acivic awareness among young people, which is of the utmost importance for European ~~menta~~youth politcy,

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Paragraph 5

5. Underlines that the Open Method of Coordination needs to be carried by a strong political will on the part of ~~the Member States~~all those involved if it is to deliver maximum results; calls on the Commission, the Member States and youth representatives to play an active part in implementing a youth strategy;

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Paragraph 7

7. Stresses the need to develop clear and user-friendly indicators both at European and national level which make it possible to measure and compare progress on the implementation of commonly set objectives; underlines the importance of constant monitoring and evaluation; proposes that these indicators be developed by a working party involving representatives of the Commission, Parliament, the Member States, youth organisations and other civil society representatives;

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Paragraph 9

9. Considers that, in order to have a complete EU strategy for youth, the formulation of youth policies and of EU programmes and actions should go hand in hand in an accurate and transparent way; stresses the need to mobilise the EU programmes and social funds for youth and to facilitate access to them; highlights the importance of young people being involved in implementing youth programmes so that their needs can be better taken into account;

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Paragraph 12

12. Underlines the importance of ~~minimising~~combating, as far as possible, all kinds of discrimination among young people and stresses the importance of a non-gender- based education from the youngest possible age;

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Paragraph 16

16. Strongly encourages Member States to promote learning and training mobility for ~~students and youth workers~~all young people, which is a key factor for gaining learning and working experience; calls on the Commission to make an effort to improve communication with educational establishments which receive support under the Comenius and Leonardo programmes;

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Paragraph 17

17. Calls on the Member States to offer sufficient opportunities and incentives for ‘second chances’, but stresses the importance of supporting activities outside the education system in order to reduce early school-leaving rates;

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Paragraph 18

18. Underlines the importance of supporting young people with a migrant background in achieving the necessary command of the language and familiarising themselves with the culture of the host Member State, which can only be done if the host Member State takes all possible measures to ensure that these young people know and preserve their own cultural heritage, thereby contributing considerably to the integration of the entire migrant family;

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Paragraph 20 a (new)

20 a. Calls on the Member States to guarantee the total transferability of acquired social benefits so as not to jeopardise welfare protection for young workers who have opted for mobility;

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Paragraph 25 a (new)

25a. Deplores the symbolic nature of the events held under the structured dialogue; proposes that a small number of long-term, inclusive local forms of dialogue be established in order to attract an increasingly wide range of young people;

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Paragraph 27

27. Regrets that no specific action is proposed in order to better communicate EU programmes to young people; deplores the fact that youth information policy is not based on the ERYICA criteria;

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Paragraph 28 a (new)

28a. Is surprised at the lack of any explicit reference to cultural issues in the Commission communication; adds that such issues cannot come down only to entrepreneurship and the use of new technologies;

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Paragraph 28 b (new)

28b. Stresses the importance of supporting and recognising youth culture when the Member States allocate funds, as this is essential for developing young people's creativity;

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Paragraph 31

31. Takes the view that ~~youth volunteering~~unpaid work by young people should be supported without discriminating against ~~disadvantaged~~ young people who ~~cannot aff~~are disadvantaged because of their gender ord the ~~luxury of committing themselves to volunteering~~ir social, cultural or economic background, since unpaid involvement in an activity should not be regarded as a luxury for them;

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Paragraph 33 a (new)

33a. Recommends that priority be given in each Member State to ensuring that no young minors are denied access to social care;

2010/03/01
Committee: CULT

2009/2159(INI)

Marie-Christine VERGIAT, Lothar BISKY, Rui TAVARES

Motion for a resolution
Paragraph 33 b (new)

33b. Stresses the importance of an inclusive digital environment; encourages Member States to develop, as part of their formal and informal education systems, concepts which guarantee access to information, education and culture and improve young people's media skills;

2010/03/01
Committee: CULT

2009/2158(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Recital A

A. whereas in a digital environment it is essential to guarantee and simplify universal access to European cultural heritage and to ensure that it be promoted and preserved for generations to come,

2010/01/13
Committee: CULT

2009/2158(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Recital A a (new)

Aa. whereas, with reference to the digitisation of European cultural heritage materials, a European policy in the field of culture is essential and shows a strong public commitment by the European Union and its Member States to preserving, respecting and promoting cultural diversity,

2010/01/13
Committee: CULT

2009/2158(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Recital G

G. whereas digital technology also constitutes a remarkable tool for ~~disabled people~~people coming up against barriers to their access to culture (disability, financial problems, rural location, cultural minorities, etc.),

2010/01/13
Committee: CULT

2009/2158(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Recital I

I. whereas urgent efforts are needed to ~~solve the issue of a "black hole" with regard to 20th and 21st century content, where works of~~ bring to prominence 20th and 21st century works, particularly those over whigch ~~cultural value are languishing unused; whereas any solution must take proper account of the interests of all parties involved~~the author still has rights which should be preserved, and to make contemporary works known to a wider public while taking account of the interests of all parties involved, users, authors, publishers and cultural institutions,

2010/01/13
Committee: CULT

2009/2158(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 1

1. Welcomes the opening and development of the European Union digital library, museum and archive for high-quality content named Europeana, as a single, direct and multilingual access point and gateway to European cultural heritage;

2010/01/13
Committee: CULT

2009/2158(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 5

5. Points out that the portal should take into account the needs of people who have problems accessing culture (the disabled, people in financial difficulties, people living in rural areas, cultural minorities, etc.), who should be able to get full access to Europe'’s collective knowledge;, and undertakes therefore to encourages publishers to make more works available ~~in formats accessible to disabled persons~~under conditions and in formats allowing such people access to culture;

2010/01/13
Committee: CULT

2009/2158(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 7

7. Urges the Commission and Member States to take all necessary steps to avoid a knowledge gap between Europe and the United States of America and to ensure full access for Europeans to their own cultural heritage in all its diversity, as well as facilitating access thereto for the whole world;

2010/01/13
Committee: CULT

2009/2158(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 9

9. Encourages content providers to increase the diversity of the types of content for Europeana, especially audio and video content, paying special attention to those works which deteriorate easily, while respecting intellectual property rights, especially authors and performers' rights;

2010/01/13
Committee: CULT

2009/2158(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 11 a (new)

11a. Considers that Europeana, being an online public library, must make provision for users to freely access recent works in the same way as happens in traditional public libraries, where readers do not pay a specific price for each individual work that interests them;

2010/01/13
Committee: CULT

2009/2158(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 13

13. Endorses the Commission's intention to establish, for all the stakeholders involved, a simple and cost-efficient rights clearance system for the digitisation of published works and their availability on the Internet, working in close cooperation with all the stakeholders involved, including users;

2010/01/13
Committee: CULT

2009/2158(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 18

18. Stresses that, in order to meet the high costs of digitisation and time pressures, new methods of financing must be developed, such as public-private partnerships on the basis of well- understood conditions and common guidelines so that these partnerships do not jeopardise the cultural sector’s public interest activities and access to culture for all;

2010/01/13
Committee: CULT

2009/2158(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 20

20. Proposes to organise a campaign entitled "Join Europeana" on funding efforts in order to heighten awareness of the issue and its urgency, and recommends that part of the resources earmarked for Europeana should be devoted to promoting ~~this library~~ among the broadest possible public a library containing as wide-ranging a collection of works as possible on all forms of media (text, audio, video);

2010/01/13
Committee: CULT

2009/2158(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 22

22. Believes that cultural institutions must continue to play a major role in the ~~futur~~governance, which should be as democratic as possible, of the Europeana project and that local cultural institutions must be goive~~rnance model of Europeana~~n autonomy in choosing, with due regard for cultural diversity and a Europe open to the world, the works to be digitised and made available to the public;

2010/01/13
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Recital A a (new)

Aa. whereas, in view of their threefold function (education, research and innovation), universities have a vital part to play in the future of the Union and the education of its citizens, and whereas the role of higher education is to provide a learning environment that promotes autonomy, creativity and optimum use of knowledge,

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Recital C

C. whereas it is urgent to implement, coordinate and promote a coherent approach among all those countries having signed the Bologna Process, especially in the field of student mobility and full recognition of diplomas, and to do so necessitates a proper assessment of the said process that identifies the difficulties, obstacles and misunderstandings encountered by students,

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Recital E

E. whereas the diverse range of higher education institutions, ~~business circle~~economic players and types of cooperation makes it ~~hard to agree on an~~essential to seek the ideal cooperation model ~~that would match~~suited to the profile, priorities and requirements of every institution in Europe,

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Recital F

F. whereas it is important to support universities financially ~~(for example through public-private partnerships)~~first and foremost through sufficient public funding, while at the same time guaranteeing their autonomy and quality assurance,

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Recital G

G. whereas education and training are vital elements of lifelong learning and ~~have multiple benefits that go~~, beyond job creation and the promotion of competitiveness, are essential for cultural and intellectual plurality and civic life,

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 1

1. W~~elcomes~~ishes to have an assessment of the above-mentioned Commission communication entitled ‘A new partnership for the modernisation of Europe’s universities: the EU Forum for University Business Dialogue’~~, and the areas on which it proposes to focus future cooperation~~;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 1 a (new)

1a. Stresses that the university is a major, nearly millennial European heritage whose importance for the progress of society cannot be reduced to its contribution to the economy and whose development cannot depend solely on the present mode of economic organisation;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 2

2. Endorses the view that dialogue and cooperation between business and higher education institutions should remain aone of the priorityies for the near future, along with dialogue and cooperation with all other sectors of society, so that all stakeholders can benefit from the cultural, scientific and technical knowledge produced and disseminated by higher education institutions;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

2a. Considers it desirable to support dialogue between higher education institutions and the other players in society such as business enterprises while in no way subjecting the development strategies of universities to the needs of economic players alone, so as to respect the role which society expects universities to play;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 2 b (new)

2b. Considers that cooperation between business and universities must not stand in the way of the universities’ other priorities, which call for the study of all fields of knowledge;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 2 c (new)

2c. Considers it necessary to strengthen the interdisciplinary and transdisciplinary nature of education and research programmes as well as cooperation among universities, and that ICT are an essential tool in this respect;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 3

3. C~~alls for improvements in the performance of European universities through~~onsiders that the implementation of the principle of the ‘research-education- innovation’ knowledge triangle, while bearing in mind the need for better business- university links, should be subjected to overall assessments taking account of all the priorities of the education system;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 4

4. Recalls the importance of the definition of lifelong learning and the many concepts it covers, ranging from general education to non-formal and informal learning ~~throughout~~useful for economic, social, cultural and civic life and vocational education and training;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 4 a (new)

4a. Welcomes the communiqué of the Conference of European Ministers Responsible for Higher Education of 28- 29 April 2009, which stresses their commitment to ‘the goals of the European Higher Education Area, which is an area where higher education is a public responsibility, and where all higher education institutions are responsive to the wider needs of society through the diversity of their missions’; recalls that employment opportunities for graduates of higher education institutions vary considerably according to the studies pursued and that, to derive maximum benefit from this diversity, which is essential to society, scientific and technical specialisms should not be favoured to the detriment of the humanities and social sciences nor should measures be promoted that would place the various types of university course in competition with each other;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 5

5. Recalls that one of the key messages is to raise the level of investment in ~~Europe’s human resources in order~~sectors that make it possible to give priority to the EU’s most important asset – its people, who must be the focal point of the Union’s policies;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 6

6. Points out the need to match lifelong learning opportunities as closely as possible to the needs of individuals, and emphasises that the constantly changing nature of those needs makes continuing education an inevitable necessity; recalls that there is no longer any such thing as a ‘job for life’ and that retraining is essential~~; reiterates that a learning culture needs to be encouraged from childhood~~, in which respect the acquisition of basic knowledge and a good level of general culture is a key factor in professional mobility;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 7 a (new)

7a. Stresses that, from the viewpoint of demography and that of North-South relations, it is essential to promote the reception of young students from the countries of the South and to adapt immigration policies accordingly;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 10

10. Suggests a new approach of guidance through life, whereby universities, students and the ~~business world~~whole range of economic and social sectors would benefit from following up young graduates more closely in order to assess the economic and social usefulness of education programmes;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 11

11. Reiterates that mobility is a cornerstone of the European higher education area, inof which European universities are invited to ~~undertake innovative, far-reaching and methodical~~take greater account in their curricula~~r reform~~; affirms that this should be a political priority in the context of redefining the major goals of the Bologna Process beyond 2010;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 13

13. Asks the Commission to propose a legal framework designed to support and facilitate mobility between universities and ~~busines~~social and economic players and to emphasise the need to recognise and certify this form of learning;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 16

16. ~~Recalls that in times of crisis being an entrepreneur is not a choice; s~~Supports the idea of integrating ~~a culture of~~commercial and non-commercial entrepreneurship into curricula ~~(beginning early with primary curricula)~~as an essential component of active and responsible citizenship;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 17

17. Encourages ~~the business world~~economic players to participate actively in the design of educational materials on entrepreneurship to be made available at all levels of education and stresses that such materials must respect freedom of enterprise and demonstrate the value of the various forms of entrepreneurship in both partnerships and business corporations;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 18

18. Recalls that ~~young graduates will enhance their career opportunities if higher education institutions foster innovation and an entrepreneurial mindset among students~~commercial entrepreneurship in its various forms should be envisaged as one of the possible professions for young graduates and that it is essential for higher education institutions to provide students with detailed knowledge of all forms of entrepreneurship, including the social and charitable economy, encouraging them, for instance, to establish their own spin-off firms;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 21 a (new)

21a. Welcomes the communiqué of the Conference of European Ministers Responsible for Higher Education of 28- 29 April 2009 calling for public policies that ‘fully recognise the value of various missions of higher education, ranging from teaching and research to community service and engagement in social cohesion and cultural development’;

2010/03/02
Committee: CULT

2009/2099(INI)

Marie-Christine VERGIAT, Rui TAVARES

Motion for a resolution
Paragraph 23

23. Encourages the Commission to continue promoting dialogue at national, local and regional level with a focus on best practices, ~~especially where~~and to ensure that such dialogue involves all the interested parties (for example the social partners) and all types of enterprise (SMEs, social and charitable enterprises, etc., as well as representatives of third countries (NGOs, etc.), with a view to highlighting the economic and social added-value of collaboration between the two worlds of university and business;

2010/03/02
Committee: CULT

2009/2002(BUD)

Rui TAVARES

Draft opinion
Paragraph 3

3. Notes that the funding for the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) for 2010 is to be kept at the same level as in 2009 in terms of commitment appropriations (EUR 78 million), which represents EUR 8 million more than provided for in the multiannual financial programming; this is in line with the Conclusions of the Justice and Home Affairs (JHA) Council of June 2008 as well as with Parliament's demands for permanent missions; emphasises ~~Frontex's~~the importance ~~in coordinating and enhancing border security by ensuring the coordination of Member States’ operational cooperation~~of protecting individual rights and responding to humanitarian concerns namely through closer cooperation with the United Nations High Commissioner for Refugees (UNHCR) that would give it full access to relevant information (including results of risk analysis activities) and involvement in operational activities;

2009/09/08
Committee: LIBE

2009/0165(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a directive
Recital 13

(13) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Directive seeks to promote the application of Articles 1, 4, 18, 19, 21, 24 and 47 of the Charter and has to be implemented accordingly.

2011/01/24
Committee: LIBE

2009/0165(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a directive
Article 4 – paragraph 2 – point b

(b) gender, sexual orientation, trauma and age awareness;

2011/01/24
Committee: LIBE

2009/0165(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a directive
Article 4 – paragraph 3

~~3. However, Member States may provide that another authority is responsible for the purpose of processing cases pursuant to Regulation (EC) No …/…. [the Dublin Regulation].~~deleted

2011/01/24
Committee: LIBE

2009/0165(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a directive
Article 7 – paragraph 3 – subparagraph 1

3. Member States shall ensure that organizations providing advice ~~and~~, counselling and legal representation to applicants for international protection have access to the border crossing points, including transit zones, and detention facilities ~~subject to an agreement with the competent authorities of the Member State~~.

2011/01/24
Committee: LIBE

2009/0165(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a directive
Article 8 – paragraph 3

3. A Member State may extradite an applicant to a third country pursuant to paragraph 2 only where the competent authorities ~~are satisfied~~have established through the assessment of the United Nations High Commissioner for Refugees and the European Asylum Support Office that an extradition decision will not result in direct or indirect refoulement in violation of international obligations of the Member State or expose the applicant to inhuman or degrading treatment upon arrival in the third country.

2011/01/24
Committee: LIBE

2009/0165(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a directive
Article 9 – paragraph 3 – point b

(b) precise and up-to-date information is obtained from various sources, such as the United Nations High Commissioner for Refugees (UNHCR) ~~and~~, the European Asylum Support Office and international human rights organisations, as to the general situation prevailing in the countries of origin of applicants and, where necessary, in countries through which they have transited, and that such information is made available to the personnel responsible for examining applications and taking decisions and, where the determining authority takes it into consideration for the purpose of taking a decision, to the applicant and his/her legal adviser;

2011/01/24
Committee: LIBE

2009/0165(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Marie-Christine VERGIAT, Cornelia ERNST

Proposal for a directive
Article 9 – paragraph 3 – point c

(c) the personnel examining applications and taking decisions have the knowledge with respect to relevant standards applicable in the field of asylum and refugee law as well as human rights law and have completed the initial and follow- up training programme referred to in Article 4(1);

2011/01/24
Committee: LIBE

2009/0165(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1

2. Member States shall also ensure that, where an application is rejected or granted with regard to refugee status and/or subsidiary protection status , the reasons in fact and in law are stated in the decision and information on how to challenge a negative decision is given in writing at the time of issuing the decision.

2011/01/24
Committee: LIBE

2009/0165(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a directive
Article 12 – paragraph 2 – point d

(d) the competent authorities may search the applicant and the items he/she carries with him/her, provided the search is carried out by a person of the same sex who is age- and culture-sensitive;

2011/01/24
Committee: LIBE

2009/0165(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a directive
Article 18 – paragraph 2 – introductory part

2. Member States shall ensure that free legal assistance and~~/or~~ representation be granted on request, subject to the provisions of paragraph 3. To that end, Member States shall:

2011/01/24
Committee: LIBE

2009/0165(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a directive
Article 18 – paragraph 2 – point b

(b) provide for free legal assistance orand representation in procedures in accordance with Chapter V. This shall include, at least, the preparation of the required procedural documents and participation in the hearing before a court or tribunal of first instance on behalf of the applicant.

2011/01/24
Committee: LIBE

2009/0165(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a directive
Article 20 – paragraph 2

2. In cases where the determining authority consider that an applicant has been subjected to torture, rape or other serious forms of psychological, physical or sexual violence as described in Article 21 of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers (the Reception Conditions Directive)], the applicant shall be granted sufficient time and relevant support to prepare for a personal interview on the substance of his/her application. Special attention shall be given to those applicants who did not mention their sexual orientation immediately.

2011/01/24
Committee: LIBE

2009/0165(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a directive
Article 21 – paragraph 4

4. Subject to the conditions set out in Article 18, unaccompanied minors shall be granted free legal assistance and representation with respect to all procedures provided for in this Directive.

2011/01/24
Committee: LIBE

2009/0165(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a directive
Article 21 – paragraph 5 – subparagraph 1

5. Member States may use medical examinations to determine the age of unaccompanied minors within the framework of the examination of an application for international protection , where, following his/her general statements or other relevant evidence, Member States still have doubts concerning his/her age. If those doubts persist after the medical examination, any decision shall always be for the benefit of the unaccompanied minor.

2011/01/24
Committee: LIBE

2009/0165(COD)

Kyriacos TRIANTAPHYLLIDES, Rui TAVARES, Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a directive
Article 27 – paragraph 6 – point b

~~(b) the applicant is from a safe country of origin within the meaning of this Directive , or~~deleted

2011/01/24
Committee: LIBE

2009/0164(COD)

Rui TAVARES

Proposal for a directive
Article 2 – point i

(i) "applicant" means a ~~third country national or a stateless person~~person who is not a citizen of the Union and who has made an application for international protection in respect of which a final decision has not yet been taken;

2010/10/27
Committee: LIBE

2009/0164(COD)

Rui TAVARES

Proposal for a directive
Article 5 – paragraph 3

3. Without prejudice to the Geneva Convention, Member States may determine that an applicant who files a subsequent application shall normally not be granted refugee status, if the risk of persecution is based on circumstances which the applicant has created by his own decision since leaving the country of origin.deleted

2010/10/27
Committee: LIBE

2009/0164(COD)

Rui TAVARES

Proposal for a directive
Article 7 – paragraph 2

2. Effective and durable protection is ~~generally~~ provided when the actors mentioned in paragraph 1 take reasonable steps to prevent the persecution or suffering of serious harm inter alia by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and the applicant has access to such protection.

2010/10/27
Committee: LIBE

2009/0164(COD)

Rui TAVARES

Proposal for a directive
Article 8 – paragraph 1

1. As part of the assessment of the application for international protection, Member States may determine that an applicant is not in need of international protection if ~~he or she has access to protection against persecution or serious harm as defined in Article 7 in a part of the country of origin~~in a part of the country of origin there is no well-founded fear of being persecuted or no real risk of suffering serious harm and he or she can safely and legally travel, gain admittance ~~and settle~~, settle and can reasonably be expected to stay in that part of the country.

2010/10/27
Committee: LIBE

Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT, Jan Philipp ALBRECHT

Proposal for a regulation
Recital 15

(15) Without prejudice to future Union legislation relating to the protection of personal data and implementing Article 16 of the Treaty on the Functioning of the European Union and Article 8 of the Charter of Fundamental Rights of the European Union, 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 applies to the processing of personal data by the Agency. This Regulation provides, inter alia, that the European Data Protection Supervisor shall have the power to obtain from the Agency access to all information necessary for his or her enquiries.

2010/07/22
Committee: LIBE

2009/0089(COD)

Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT

Proposal for a regulation
Recital 1 a (new)

(1a) If the development of SIS II fails, the implementation of an alternative solution should be subject to the adoption of a separate legal act.

2010/07/22
Committee: LIBE

2009/0089(COD)

Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT, Jan Philipp ALBRECHT

Proposal for a regulation
Recital 4 a (new)

(4a) Bearing in mind that the risk of mistakes or wrong use of personal data is likely to increase when more large-scale IT systems are entrusted to the same operational manager, the total number of managed large-scale IT systems should be limited and should be extended only after a proper evaluation of the Agency's work, an impact assessment concerning respect for fundamental rights, data protection and security, and the adoption of a separate legal act.

2010/07/22
Committee: LIBE

2009/0089(COD)

Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT, Jan Philipp ALBRECHT

Proposal for a regulation
Recital 5

(5) With a view to achieving synergies, it is necessary to provide for the operational management of these systems in one entity, benefiting from economies of scale, creating critical mass ~~and~~, ensuring the highest possible utilisation rate of capital and human resources, and ensuring the highest level of security, transparency and democratic control, and, where possible, implementing the "privacy by design" principle.

2010/07/22
Committee: LIBE

2009/0089(COD)

Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT, Jan Philipp ALBRECHT

Proposal for a regulation
Recital 9 a (new)

(9a) To prevent the Agency from function creeping and from developing schemes in its own interest, it should be responsible for monitoring research and for pilot schemes only at the specific and precise request of the European Parliament, the Commission or the European Data Protection Supervisor and only within the framework of the large-scale IT systems which it is already in charge of.

2010/07/22
Committee: LIBE

2009/0089(COD)

Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT, Jan Philipp ALBRECHT

Proposal for a regulation
Recital 13

(13) Within the framework of their respective competences, the Agency should cooperate with other agencies of the European Union, especially agencies established in the area of freedom, security and justice and, in particular, those concerned with the defence of fundamental rights.

2010/07/22
Committee: LIBE

2009/0089(COD)

Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT, Jan Philipp ALBRECHT

Proposal for a regulation
Article 1 – paragraph 1 b (new)

Operational management shall consist of all the tasks necessary to keep the large- scale IT systems referred to in the first paragraph functioning in accordance with the specific provisions applicable to each of those IT systems, including responsibility for the communication infrastructure used by the IT systems. There shall be by no means the possibility of interoperability between those large- scale IT systems.

2010/07/22
Committee: LIBE

2009/0089(COD)

Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT

Proposal for a regulation
Article 6 – paragraph 1

1. ~~Upon~~Only at the specific and precise request of the ~~Commission~~European Parliament, the Commission or the European Data Protection Supervisor, and after informing the Council at least three months in advance, the Agency ~~shall~~may implement pilot schemes ~~for the development and/or the operational management of~~as referred to in Article 49(6), point (a), of Regulation (EC, Euratom) No 1605/2002, but only within the framework of the large- scale IT systems of which it is already in charge, in application of Title V of the Treaty on the Functioning of the European Union. 1a. The European Parliament, the Council and the European Data Protection Supervisor shall be consulted when proposals are drawn up for the further development of those pilot schemes.

2010/07/22
Committee: LIBE

2009/0089(COD)

Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT

Proposal for a regulation
Article 26 – paragraph 2

2. The Agency shall also apply the security principles relating to the processing of non- classified sensitive information as adopted and implemented by the European Commission. In addition, the Agency shall apply the security principles and relevant provisions of the legal instruments concerning the three large-scale IT systems SIS II, VIS and EURODAC.

2010/07/22
Committee: LIBE

2009/0089(COD)

Jan Philipp ALBRECHT, Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT

Proposal for a regulation
Article 27 – paragraph 1

1. Within t~~hree~~wo years from the date of the Agency having taken up its responsibilities, and every ~~fiv~~three years thereafter, the Management Board shall commission an independent external evaluation of the implementation of this Regulation on the basis of terms of reference issued by the Management Board after consultation with the ~~Commission~~European Parliament, the Council, the Commission and the European Data Protection Supervisor.

2010/07/22
Committee: LIBE

2009/0089(COD)

Cornelia ERNST, Rui TAVARES, Marie-Christine VERGIAT, Jan Philipp ALBRECHT

Proposal for a regulation
Article 27 – paragraph 2

2. The evaluation shall assess the utility, relevance and effectiveness of the Agency and its working practices. It shall also assess the protection of data, data security and respect for fundamental rights. The evaluation shall take into account the views of stakeholders, including parliaments and data protection supervisors, at both European and national level.

2010/07/22
Committee: LIBE

2009/0072(CNS)

Marie-Christine VERGIAT, Rui TAVARES

Proposal for a decision
Recital 3

(3) Volunt~~eering~~ary activities constitutes a non- formal learning experience which enables ~~both~~ the development of professional and social skills and competences as well as a major form of active civic participation. Actions carried out by volunteers of all ages are crucial to ~~the development of democracy, one of the founding principles of the European Union, and~~better management of the public sphere and to the promotion of citizenship and of more participatory democracy. Voluntary activities contribute to the harmonious development of ~~human resources and to the social cohes~~European society with regard to solidarity and the fight against all forms of discrimination. They contribute to the social cohesion and the prosperity of the European Union.

2009/11/13
Committee: CULT

2009/0072(CNS)

Marie-Christine VERGIAT, Rui TAVARES

Proposal for a decision
Recital 13

(13) ~~There exists a large variety of voluntary activities throughout Europe which should be preserved and developed further~~Voluntary activities have considerable importance in Europe; they should be preserved and developed further, in particular by ensuring that European rules do not ultimately serve to hamper them, owing to a failure to conduct impact studies which take account of their specific characteristics. This is the case, inter alia, for services of general interest.

2009/11/13
Committee: CULT

2009/0072(CNS)

Marie-Christine VERGIAT, Rui TAVARES

Proposal for a decision
Article 1

~~The year 2011 shall be designated as the 'European Year of Volunteering' (hereinafter referred to as 'the European Year').~~(Does not affect English version.)

2009/11/13
Committee: CULT

2009/0072(CNS)

Marie-Christine VERGIAT, Rui TAVARES

Proposal for a decision
Article 3 – paragraph 1 – bullet point 2

• dissemination of the statistics and the results of related studies and research with particular regard to gender equality;

2009/11/13
Committee: CULT

2009/0072(CNS)

Marie-Christine VERGIAT, Rui TAVARES

Proposal for a decision
Article 3 – paragraph 1 – bullet point 4

• information and promotion campaigns to disseminate key messages and the creation of a European portal to do this.

2009/11/13
Committee: CULT

2009/0072(CNS)

Marie-Christine VERGIAT, Rui TAVARES

Proposal for a decision
Article 4 – paragraph 2

Each Member State shall ensure that the aforementioned body properly involves a wide range of stakeholders at national, regional and local level, particularly when drafting the national work programme and national measure(s), for the entire duration of the European Year. Special attention must be paid in each national programme to the simplification of administrative procedures, inter alia by facilitating access to funding for small associations with limited resources.

2009/11/13
Committee: CULT

2009/0072(CNS)

Marie-Christine VERGIAT, Rui TAVARES

Proposal for a decision
Article 7 – paragraph 1

1. The budget for implementing this Decision for the period from 1 January 2011 to 31 December 2011 is EUR 615 000 000.

2009/11/13
Committee: CULT

2007/0229(COD)

Patrick LE HYARIC, Ilda FIGUEIREDO, Gabriele ZIMMER, Thomas HÄNDEL, Marie-Christine VERGIAT, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Recital 9

(9) In the absence of horizontal community legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. They do not have the same rights as nationals of the Member State, or other EU citizens. With a view to pursue a further development of a coherent immigration policy, to lower the rights gap between EU citizens and third-country nationals legally working and complementing the existing immigration acquis a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third-country workers legally admitted in a Member States but not yet long term residents. Such provisions are intended to establish a level playing field within the EU, to recognize ~~that such~~ third-country national~~s legally working in a Member State~~’s contributeion to the European ~~economy through their work and tax payments and to serve as safeguard to reduce~~society and to fight against unfair competition between own nationals and third-country nationals resulting from possible exploitation of the latter.

2011/03/02
Committee: EMPL

2007/0229(COD)

Patrick LE HYARIC, Ilda FIGUEIREDO, Gabriele ZIMMER, Thomas HÄNDEL, Marie-Christine VERGIAT, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 3 – paragraph 2 – point (b)

~~(b) covered by Directive 96/71/EC as long as they are pos~~deleted;

2011/03/02
Committee: EMPL

2007/0229(COD)

Patrick LE HYARIC, Ilda FIGUEIREDO, Gabriele ZIMMER, Thomas HÄNDEL, Marie-Christine VERGIAT, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 12 – paragraph 1 – point (a)

(a) working conditions, including pay, leave, working time and dismissal as well as health and safety at the workplace, taking into account general collective agreements in force;

2011/03/02
Committee: EMPL

2007/0229(COD)

Patrick LE HYARIC, Ilda FIGUEIREDO, Gabriele ZIMMER, Thomas HÄNDEL, Marie-Christine VERGIAT, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 12 – paragraph 2 – point (a)

~~(a) by requiring proof of appropriate language proficiency for access to education and training. Access to university may be subject to the fulfilment of specific educational prerequisites;~~deleted

2011/03/02
Committee: EMPL

2007/0229(COD)

Patrick LE HYARIC, Ilda FIGUEIREDO, Gabriele ZIMMER, Thomas HÄNDEL, Marie-Christine VERGIAT, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 12 – paragraph 2 – point (b)

~~(b) by restricting the rights conferred under paragraphs 1(c) in respect to study grants;~~deleted

2011/03/02
Committee: EMPL

2007/0229(COD)

Patrick LE HYARIC, Ilda FIGUEIREDO, Gabriele ZIMMER, Thomas HÄNDEL, Marie-Christine VERGIAT, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 12 – paragraph 2 – point (c)

(c) by restricting the rights conferred under paragraphs 1(h) in respect to public housing to cases where the third-country national has been staying or who has the right to stay in its territory for at least three years;deleted

2011/03/02
Committee: EMPL

2007/0229(COD)

Patrick LE HYARIC, Ilda FIGUEIREDO, Gabriele ZIMMER, Thomas HÄNDEL, Marie-Christine VERGIAT, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 12 – paragraph 2 – point (d)

~~(d) by restricting the rights conferred under paragraphs 1(a), (b) and (g) to those third-country workers who are in employment;~~deleted

2011/03/02
Committee: EMPL

2007/0229(COD)

Patrick LE HYARIC, Ilda FIGUEIREDO, Gabriele ZIMMER, Thomas HÄNDEL, Marie-Christine VERGIAT, Cornelia ERNST, Rui TAVARES

Proposal for a directive
Article 12 – paragraph 2 – point (e)

~~(e) by restricting the rights conferred under paragraphs 1(e) to third-country workers who are in employment except for unemployment benefits.~~deleted

2011/03/02
Committee: EMPL

Activities of Rui TAVARES

Plenary speeches (171)