2933 Amendments of Tanja FAJON
Amendment 6 #
2021/2248(INI)
Motion for a resolution
Citation 16
Citation 16
— having regard to the final report of 2 October 2020 of the Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Co-operation in Europe (OSCE) Election Observation Mission on North Macedonia’s early parliamentary elections of 15 July 2020 and to its final report of [...] 2022 on the local elections of 17 October 2021,
Amendment 7 #
2021/2248(INI)
Motion for a resolution
Citation 17
Citation 17
— having regard to the Venice Commission’s opinion of 18 DecNovember 2021 on the draft law on the state of emergency and to its previous opinions,
Amendment 18 #
2021/2248(INI)
Motion for a resolution
Recital A
Recital A
A. whereas EuropeanU integration represents the aspirations of citizens of North Macedonia towards democracy and prosperity and serves as a powerful catalyst for reforms;
Amendment 24 #
2021/2248(INI)
Motion for a resolution
Recital B
Recital B
B. whereas North Macedonia is a trustworthy partner, having continued to make consistent effortprogress on its path towards membership of the EU and towards meeting and sustaininghaving met the conditions required for the opening of accession negotiations;
Amendment 30 #
2021/2248(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the Prespa Agreement is a landmark agreement that represent a model for stability and reconciliation in the whole region of the Western Balkans, and have improved the spirit of good neighbourly relations and regional cooperation;
Amendment 35 #
2021/2248(INI)
Motion for a resolution
Recital D
Recital D
D. whereas North Macedonia should press forward wihas maintained a steady and determined pace in advancing EU reforms, with a focus on the fundamentals, the country should continue to keep up the reforms momentum;
Amendment 44 #
2021/2248(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EU remains fully committed to supporting North Macedonia’s strategic choice of Europeanobjective of EU integration;
Amendment 55 #
2021/2248(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates its clear support for North Macedonia’s democratic transformationthe democracy and rule of law in North Macedonia, underpinned by its strategic orientation and unwavering commitment to EuropeanU integration;
Amendment 58 #
2021/2248(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Deplores the failure of the European Council to approve the EU’s membership negotiation framework for North Macedonia and Albania; calls on Bulgaria to withdraw its veto against North Macedonia in order not to further delay the accession progress, and not let the enlargement process be impeded by unilateral interests; reminds that the idea of the European Union is to overcome regional disputes and a difficult past, in order to work on a better, peaceful future and to prosper together;
Amendment 66 #
2021/2248(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls the need to upholdaccelerate the pace and strenghten the credibility of EuropeanU integration by promptly openofficially starting accession negotiations with Albania and North Macedonia, given that both countries have fulfilled the necessary conditions and delivered sustained results across, including the areas of the fundamental areas;
Amendment 70 #
2021/2248(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reminds Member States that enlargement policy must be driven by objective criteria, and not be impeded by unilateral interests; reiterates that the EU’s enlargement policy has been the Union’s most effective foreign policy instrument, and full integration of the Western Balkans is in the EU's political, security and economic interest as a geostrategic investment in a stable and thriving Union.
Amendment 81 #
2021/2248(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Commends North Macedonia on its steady progress on the path towards EU membership, its commitment to multiculturalism and inter-ethnic harmony, and its continued positive and coherent bilateral engagement;
Amendment 88 #
2021/2248(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges North Macedonia to sustain and intensify efforts to further strengthen the rule of law and judicial independence, counter corruptionto fight against corruption and organized crime, reform its public administration and consolidate media freedom;
Amendment 100 #
2021/2248(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reaffirms the need to maintain constructive engagement with and a broad cross-party consensus on EU-related reforms, by; underlines the need to further strengthening the capacities of the Assembly of North Macedonia (Sobranie); urges lawmakers to swiftly implement the commitments made under the Jean Monnet Dialogue process;
Amendment 105 #
2021/2248(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the need to finalise the electoral reform in a timely, in line with the recommendations of the OSCE/ODIHR and Venice Commission in a timely,transparent and inclusive fashion;
Amendment 111 #
2021/2248(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 113 #
2021/2248(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for the continued modernisation ofreform towards a merit-based public administration, streamlinewith improved lines of accountability, streamlined institutional framework and intra-service coordination, and simproved local governancelified administrative procedures;
Amendment 115 #
2021/2248(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 119 #
2021/2248(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Welcomes the establishment of the Commission for Prevention of and Protection against Discrimination and its work; urges the government to ensure sufficient funding to enable it to achieve its full potential;
Amendment 123 #
2021/2248(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls the need to reform the legal framework for online and offline mediain the area of media in accordance with the EU acquis and European standards in order to strengthen their independence, transparency of ownership, financial sustainability and self- regulation;
Amendment 129 #
2021/2248(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the proposed amendments to the penal code and cCalls for the implementation of measures that increase the safety of media professionals and tackle attempts to intimidate them;
Amendment 136 #
2021/2248(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls the need to strengthen investigative journalism, fact-checking and media literacy as means to tackle hate speech, and disinformation and foreign interference campaign; stresses the importance to enforce a zero-tolerance approach regarding intimidation, threats and acts of violence against journalists;
Amendment 143 #
2021/2248(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Commends the government’s efforts to improve engagement with civil society and calls for a framework to ensure the financial sustainability of civil society organisations; strongly welcomes in this optic the creation of the Inter-Party Parliamentary Group for Improvement of the Rights of LGBTI People, which constitutes a positive synergy between civil society and institutions;
Amendment 151 #
2021/2248(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes the improvements in ensuring women’s rights and gender- responsive policies; welcomes the adoption of the law aimed at preventing violence against women and domestic violence and encourages the alignment of the penal code withcountry to enhance the implementation of the national action plan for the implementation of the Istanbul Convention's provisions;
Amendment 153 #
2021/2248(INI)
Amendment 161 #
2021/2248(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Encourages ongoing steps to build trust in inter-community relationamong communities and the functioning of a multi-ethnic society, while recalling the importance of upholding the rights of non-majorityall communities and tackling all instances of discrimination;
Amendment 167 #
2021/2248(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for further improvements in the enforcement of the rights tof persons belonging to minorities, [including self- identification, property and] inclusive intercultural education, as well as the rights of peoplersons with disabilities and minority rights;
Amendment 177 #
2021/2248(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the relevant bodies to proactively prevent and systematically prosecute all instances of hate speech, hate crimes and intimidation, to thoroughly investigate related attacks and to ensure the safety and security of their targets, such as journalists, people belonging to minorities and other vulnerable groups; calls for the government and the judiciary to improve institutional capacity in this area and ensure increasing hate speech is addressed in accordance with international standards;
Amendment 179 #
2021/2248(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Is concerned by the stark increase of misinformation and discriminatory speech against LGBTI people and human rights defenders in the media and political sphere; condemns the hate speech and death threats levelled at LGBTI human rights defenders and urges full investigation and sanctioning of these incidents; stresses the importance of updating and adopting education laws which remove discriminatory and stigmatising contents and are harmonized with the Law on Prevention and Protection against Discrimination;
Amendment 191 #
2021/2248(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes North Macedonia’s membership of the International Holocaust Remembrance Alliance; recalls the need to open up Yugoslav secret service archives in order to vigorously address communist- era crimes across the region;
Amendment 201 #
2021/2248(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for the EU to boost its support for humanitarian assistance and border protection in the region; reiterates its calls for North Macedonia to improve migration management and reception conditions;
Amendment 204 #
2021/2248(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Welcomes the continued constructive role the country plays in mixed migration flows; regrets that the status agreement with the European Boarder and Coast Guard Agency (Frontex) has not yet been signed, due to pending bilateral issues; reiterates its calls for North Macedonia to improve migration management and reception conditions;
Amendment 208 #
2021/2248(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. UWhile acknowledging the progress made, underlines the need to push forward the rule of law reform;
Amendment 210 #
2021/2248(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes further steps in consolidating the track record on investigating, prosecuting high-leveland trying corruption and organised crime cases, including at high level, strengthening independent oversight institutions, and reforming electoral and judicial systems and the civil servicejudicial systems;
Amendment 211 #
2021/2248(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 215 #
2021/2248(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Emphasises the need to further advance the judicial reform, the independence of the judiciary and the functioning of bodies that ensure its self- governance;
Amendment 220 #
2021/2248(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Encourages the finalisation of the security and intelligence sector reform as well as strengthening the capacity for parliamentary oversight of the intelligence services; calls for the whistle- blower protection mechanism to be updated and the lobbying law to be implemented effectively;
Amendment 224 #
2021/2248(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Underlines the importance of delivering justice in major lawsuits related to the abuse of office, corruption and terror, including the April 2017 attacks against the Sobranie, illegal wiretapping and extortioncontinuing to establish legal accountability, including for cases related to the abuse of office, corruption, 2017 attacks in Parliament, illegal wiretapping and the so called ‘Racket case’;
Amendment 237 #
2021/2248(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Welcomes the sustained progress made so far, which should lead to systemic improvements in tackling the trafficking of humans, drugs, firearms and goods, along with cybercrime and surveillance, violent crime, extremism and terrorist threats; urges North Macedonia to strengthen its resilience to hybrid threats and fake newsdisinformation;
Amendment 242 #
2021/2248(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36 b. Takes note of the serious economic and social impact of the COVID-19 crisis and expresses support for the range of measures the authorities have taken to protect public health and mitigate the socio-economic impact of crisis, including putting into good use the substantial support provided by the EU in financial assistance, medical equipment and vaccines;
Amendment 253 #
2021/2248(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Welcomes the conduct of the 2021 population census;
Amendment 260 #
2021/2248(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Welcomes the steps taken to establish a direct personal taxation system based on progressive rates; notes the return to a flat-tax model; encourages the Government to modernise the tax code with a higher focus on progressive rates on income, taxation of property and environmental factors, to produces sufficient value to implement social reforms and combat inequality;
Amendment 261 #
2021/2248(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40 b. Welcomes progress made so far and encourages North Macedonia to continue to step-up its efforts for further efficient use of the potentials offered by the Economic and Investment Plan for the Western Balkans and the Green Agenda for the Western Balkans;
Amendment 267 #
2021/2248(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Welcomes North Macedonia’s updated climate pledges; recalls that additional efforts are needed to meet the targets for energy efficiency, renewable energy, security of supply and emission reductions; commends the adoption and implementation of the energy efficiency legislation; urges the authorities to align environment and climate change legislation with the EU acquis and to ensure its enforcement;
Amendment 269 #
2021/2248(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Underlines the need to implement the Paris Agreement, including with the adoption of a comprehensive climate Strategy and a Law, consistent with the EU 2030 framework;
Amendment 278 #
2021/2248(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Urges the country to step up efforts to upgrade transport and energy infrastructure ands well as regional connectivity, including rail and road corridors and gas and electricity interconnectors;
Amendment 286 #
2021/2248(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Urges Member States to conclude the discussions on the Negotiating Framework and decide on holding of the first Intergovernmental conference (IGC) with North Macedonia without further delay; underlines that the official launch of accession negotiations will be an investment in the credibility of the EU as well as in the stability, prosperity and the ongoing reconciliation processes in the region;
Amendment 287 #
2021/2248(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Calls the EU to seriously consider the possible security implications in the Western Balkans in view of the developments in Ukraine and the possible influence of Russia in the countries of the region; security challenges have now obviously increased and concrete steps on the EU perspective are more than necessary;
Amendment 300 #
2021/2248(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Welcomes North Macedonia’s continued commitment to Euro-Atlantic security; commends the country’s increasingfull alignment with the EU’s foreign, security and defence policy and invites it to align itself, including with the restrictive measures related to Russia; welcomes its continued contributions to EU crisis management missions and operations;
Amendment 309 #
2021/2248(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
Amendment 320 #
2021/2248(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. SRegrets that Bulgaria and North Macedonia have yet to find an understanding on pending bilateral issues; stresses the importance of continued dialogue in order to achieve a sustainable agreement on current bilateral issues; in this regard, strongly welcomes the political impetus for a renewed dialogue between Bulgaria and North Macedonia and encourages the partners to accelerate engagement in good faith and in accordance with the Treaty of Friendship, Good Neighbourliness and Cooperation in order to reach an mutually acceptable compromisesolution to pending bilateral issues, thereby bringing societies closer together by enabling a common future in the EU;
Amendment 329 #
2021/2248(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Congratulates North Macedonia on the inauguration of the Prespa Forum Dialogue, as a regional platform to inspire and promote dialogue, reconciliation, good-neighbourly relations and regional cooperation in the spirit of the European integration;
Amendment 112 #
2021/2247(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 155 #
2021/2247(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes progress on the protection and promotion of LGBTIQ rights and the first same-sex marriage in July 2021registered partnership in July 2021; calls on the government to continue making the appropriate amendments to other laws and bylaws required for the full implementation of the Law on registered partnership, which continue to pose problems for some partners’ access to it; underlines that the promotion of LGBTIQ rights is a responsibility of the Ministry of Justice, Human and Minority Rights, and is therefore concerned that neither the National LGBTI Strategy nor LGBTI rights are referenced in the description of its directorates work programmes;
Amendment 161 #
2021/2247(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
Amendment 162 #
2021/2247(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Notes with concern the unavailability of hormone therapy for trans people in state health institutions and private pharmacies; is aware that this is a consequence of shortage of medicines caused by the Covid-19 pandemic, but calls on the responsible authorities to provide a response that ensures trans persons’ access to health, respecting their physical and mental integrity;
Amendment 1 #
2021/2244(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to the Council of Europe’s report ‘Beyond Definitions: a call for action against hate speech in Albania – a comprehensive study’, published in November 2021;1a _________________ 1a https://rm.coe.int/beyond-definitions- eng/1680a464b2
Amendment 131 #
2021/2244(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the relevant bodies to systematically and proactively prevent and prosecute all instances of hate speech, hate crimes and intimidation; encourages the office of the Commissioner for Protection from Discrimination to be more proactive in combatting discriminatory hate speech, in particular against LGBTI persons, and to develop disaggregated data collection on the matter;
Amendment 135 #
2021/2244(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 139 #
2021/2244(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes advances in ensuring equal opportunities and calls for further improvements in the enforcement of gender equality, property rights, data protection, rights of people with disabilities and minority rights, including especially the rights of Roma and LGBTI persons, who are exposed to multiple discrimination;
Amendment 149 #
2021/2244(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Commends the adoption of the new LGBTI National Action Plan 2021- 2027 and encourages full implementation and proper budgeting via a coordination and monitoring body which shall oversee it;
Amendment 151 #
2021/2244(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Considers that reports of numbers of HIV infections doubling since last year are highly concerning; recalls that the National Strategy for People Living with HIV expired in 2020 and has not been renewed; recalls that access to PEP and PrEP for those most at risk can significantly contribute to decreasing new infections, and recalls that these are still unavailable to LGBTI persons; calls on the government to take appropriate measures, in liaison with civil society, to address the rising numbers of HIV infections and ensure access to healthcare of those most vulnerable;
Amendment 1 #
2021/2071(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Regrets that the Commission committed1a not to propose any measures under the regulation until it develops guidelines, whose finalisation is subject to the delivery of the judgement of the Court of Justice of the European Union in the action for annulment brought by Hungary and Poland; reminds that actions brought before the CJEU shall not have suspensory effect in accordance with the Treaties. _________________ 1aEuropean Council conclusions of 11 December 2020, https://www.consilium.europa.eu/media/4 7296/1011-12-20-euco-conclusions-en.pdf
Amendment 4 #
2021/2071(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates that the application ofcalls that the Rule of Law Conditionality Regulation , as adopted by the co-legislators, does not foresee the development of any guidelines therefore its application cannot be subject to their adoption of guidelines, and urges the Commission to avoid any further delay in its application; reminds that guidelines cannot alter, expand or narrow a regulation and that they must respect the intention of the co-legislators;
Amendment 11 #
2021/2071(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the Commission has begun toTakes note of the draft guidelines of the Commission on the application of the Regulation; requests that, if the Commission deems such guidelines necessary, Parliament be consulted prior to their adopis of the opinion that the guidelines simply repeat the provisions of the regulation, have little or no added value and merely delay the application of the regulation;.
Amendment 15 #
2021/2071(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recallminds that any guidelines must not undermine the adopted regulationin accordance with the regulation, the Commission shall take into account relevant information when assessing the possibly breaches of the rule of law by a Member State from available sources and recognised institutions, including judgments orf the intention of the co-legislators; asks the Commission to avoid Court of Justice of the European Union, reports of the Court of Auditors, the Commission’s annual Rule of Law Report and EU Justrict or exhaustive definitions of the concepts, as this would be in contradiction with the Regulation; considers that interprete Scoreboard, reports of the European Anti-Fraud Office (OLAF) and the EuropeanPublic Prosecutor’s Office (EPPO) as relevant, and conclusions and recommendations of abstract concepts is a dynamic process which cannot be predefined in one document; believes that the guidelines should fully respect the interpretation of relevant concepts by the Court of Justice of the European Union and the Venice Commission.relevant international organisations and networks, including Council of Europe bodies such as the Council of Europe Group of States against Corruption (GRECO) and the Venice Commission, in particular its rule- of-law checklist, and the European networks of supreme courts and councils for the judiciary;
Amendment 24 #
2021/2071(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Is of the view that the Commission already has reasonable grounds to consider the triggering of the procedure in accordance with Article 6(1) of the regulation; and urges the Commission to act promptly and to avoid any further delay in the application of the regulation;
Amendment 28 #
2021/2071(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. asks the Commission to include in its annual Rule of Law Report a dedicated section with an analysis of cases where breaches of the principles of the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct way;
Amendment 4 #
2021/2055(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
— having regard to its resolution of 10 October 2013 on caste-based discrimination, in particular article 6 on religion as an intersectional factor of discrimination and abuse,
Amendment 11 #
2021/2055(INI)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
— having regard to its resolutions of 17 December 2020 on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region and of 18 April 2019 on China, notably the situation of religious and ethnic minorities,
Amendment 28 #
2021/2055(INI)
Motion for a resolution
Recital A
Recital A
A. whereas UN human rights treaties, together with international and EU laws provide standards for the protection of the rights of persons belonging to belief or religious minorities as an integral part of human rights;
Amendment 38 #
2021/2055(INI)
Motion for a resolution
Recital B
Recital B
B. whereas freedom of religion or belief is violated in almost one third of countries worldwide; whereas over 5 billion people live in countries imposing or tolerating severe violations of freedom of thought, conscience, religiousn or belief;
Amendment 42 #
2021/2055(INI)
Motion for a resolution
Recital C
Recital C
C. whereas discrimination and persecution of religious is carried out by different actors – whether governments or other groups in society – and can take different forms, such as killings, physical attacks, arbitrary arrests, enforced disappearances, extrajudicial executions, coercion, forced conversion, kidnapping and forced marriage, forced birth control, threats, exclusion, discriminatory and unfair treatment, harassment, physical and mental abuse, rape and sexual violence, executions, limitation of access to elective offices, judicial harassment and prosecution, employment, education, health and administration services, destruction of places of worship, cemeteries and cultural heritage, and online hate speech;
Amendment 43 #
2021/2055(INI)
Motion for a resolution
Recital C
Recital C
C. whereas discrimination and persecution of minorities on the ground of belief or religious is carried out by different actors – whether governments or other groups in society – and can take different forms, such as killings, physical attacks, arbitrary arrests, coercion, forced conversion, kidnapping and forced marriage, forced birth control, threats, exclusion, discriminatory and unfair treatment, harassment, limitation of access to elective offices, employment, education, health and administration services, destruction of places of worship, cemeteries and cultural heritage, and online hate speech;
Amendment 44 #
2021/2055(INI)
Motion for a resolution
Recital C
Recital C
C. whereas discrimination and persecution of religious is carried out by different actors – whether governments or other groups in societystates and non- state actors, or combination of both – and can take different forms, such as killings, physical attacks, arbitrary arrests, coercion, forced conversion, kidnapping and forced marriage, forced birth control, threats, exclusion, discriminatory and unfair treatment, harassment, limitation of access to elective offices, employment, education, health and administration services, destruction of places of worship, cemeteries and cultural heritage, and online hate speech;
Amendment 48 #
2021/2055(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the COVID-19 pandemic has exacerbated persecution and violence against belief and religious minorities in some countries; whereas furthermore the health crisis can provide a pretext to adopt persecution measures for purposes unrelated to the pandemic; whereas belief and religious minorities have become particularly vulnerable to COVID-19 infection and mortality due to unequal access to adequate medical care;
Amendment 50 #
2021/2055(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas women of belief and religious minorities are particularly at risk of increased discrimination and violence linked to intersectional factors such as gender, religion, caste, ethnic background, power imbalances and patriarchy;
Amendment 56 #
2021/2055(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas minorities on the ground of belief and religious often lack of adequate national representation; whereas legislation often excludes the needs and interests of these minorities, with governments employing a range of extra-legal measures that persecute, delegitimise or stigmatise minorities on the ground of belief or religion;
Amendment 58 #
2021/2055(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas social media platforms are increasingly exploited as spaces for incitement to hatred and violence; whereas belief or religious minorities continue to be subject to hate speech online and offline from individuals across the political spectrum;
Amendment 63 #
2021/2055(INI)
Motion for a resolution
Recital D
Recital D
Amendment 69 #
2021/2055(INI)
Motion for a resolution
Recital E
Recital E
Amendment 79 #
2021/2055(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Affirms its unwavering commitment to promoting and protecting the rights of persons belonging to religious minorities everywhere in the world, including their right to change or choose their religion or belief, in respect of the principles of equality and non- discrimination; condemns in the strongest terms all persecution, violence, incitement to violence and terrorism targeting any minority on the grounds of religion and belief; reaffirms its support for victims of violence based on belief or religion, and its commitment to eradicating such violence;
Amendment 80 #
2021/2055(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Affirms its unwavering commitment to promoting and protecting the rights of persons belonging to belief or religious minorities everywhere in the world, including their right to change or choose their rbeligionef or breliefgion, in respect of the principles of equality and non- discrimination; condemns in the strongest terms all persecution, violence, incitement to violence and terrorism targeting any minority on the grounds of rbeligionef and breliefgion;
Amendment 85 #
2021/2055(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes the view that, regardless of their religion and beliefbelief, religion, thought and conscience, it is essential to promote and ensure the inclusion of all citizens in their societies and in political, socio-economic and cultural life;
Amendment 93 #
2021/2055(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that freedom of religion or beliefthought, belief and religion, including freedom to worship, and freedom to believe or not believe, to espouse theistic, non-theistic, agnostic or atheistic views and the right to apostasy is a human right, and that it often serves as a last bastion of liberty and as a source of fierce determination in highly repressive settings;
Amendment 95 #
2021/2055(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that the religious grounds of persecution are often intertwined with some other grounds of distinct nature, in particular those linked to ethnicity, gender and caste; condemns the ongoing persecution and serious and systematic human rights violations in some countries that can amount to crimes against humanity;
Amendment 99 #
2021/2055(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is deeply concerned about the rise over the last decade of violence against people belonging to minorities on the grounds of their belief or religion as a global phenomenon, which is intensifying and affecting more and more countries; notes that it affects many religious communities, namely Christians (including Copts), Jews, Muslims (including Ahmadis and Alevis), Buddhists, Hindus and smaller religious groups, such as Baha’is, Sikhs and Zoroastrians, as well as groups of people who are atheists, humanists, agnostics or do not identify with any belief or religion;
Amendment 108 #
2021/2055(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 117 #
2021/2055(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 128 #
2021/2055(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 131 #
2021/2055(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Is concerned about the application of sharia, blasphemy and other religious laws over national laws in some countries, where discrimination based on religious ground is taught at school and where practices like female genital mutilation, forced conversions, birth control, abortions and marriages, among others forms of violence, are taking place in total impunity;
Amendment 138 #
Amendment 142 #
2021/2055(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 149 #
2021/2055(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 156 #
2021/2055(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 163 #
2021/2055(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 164 #
2021/2055(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 172 #
2021/2055(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 177 #
2021/2055(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores the fact that atheists are still persecuted in almost all of the region and that apostasy carries the death sentence in several countries; expresses its regret that freedom of worship is severely limited in some of the countries in the Middle East, with the notable example of Saudi Arabia, where public practice of any religion other than Islam is strictly prohibited;
Amendment 181 #
Amendment 188 #
2021/2055(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 198 #
2021/2055(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 211 #
2021/2055(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 217 #
2021/2055(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 223 #
2021/2055(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 231 #
Amendment 234 #
2021/2055(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 242 #
2021/2055(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 249 #
2021/2055(INI)
Motion for a resolution
Subheading 4
Subheading 4
Tackling key challenges posed by the persecution against belief or religious minorities
Amendment 257 #
2021/2055(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the paramount importance of holding accountable perpetrators of human rights abuses against persons belonging to belief or religious minorities; calls on the EU and Member States to urgently work towards the establishment of additional UN mechanisms and committees to investigate current human rights violations against belief and religious minorities around the world;
Amendment 261 #
2021/2055(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Council, the Commission, the EEAS and EU Member States to work with third countries for the adoption of measures to prevent and fight hate crime, and for the adoption of legislation that is fully compliant with international standards on the freedom of expression and the freedom of belief and religion;
Amendment 266 #
2021/2055(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Council and EU Member States to apply sanctions against individuals and entities responsible for or involved in systematic violations of the rights of persons belonging to belief or religious minorities, as provided for by the EU Global Human Rights Sanctions Regime;
Amendment 270 #
2021/2055(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Is appalled by the exacerbation of persecution against belief or religious minority groups during the COVID-19 pandemic; denounces the fact that persons belonging to belief or religious minorities have been scapegoated, blamed for spreading the COVID-19 virus, and have been denied or faced discrimination in access to public healthcare, food or humanitarian aid, on the basis of rbeligiousef or breliefgious criteria;
Amendment 276 #
2021/2055(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines that women belonging to belief or religious minorities have been specifically and increasingly targeted with the purpose of inflicting harm on their community as a whole; stresses that they are particularly exposed to violent attacks, kidnapping, sexual violence, forced conversion, forced and early marriage and domestic incarceration, and that lockdown measures taken during the COVID-19 pandemic have made their human rights situation even more precarious; calls to devote particular attention to abolishing practices and legislation that discriminate against them;
Amendment 284 #
2021/2055(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Condemns the use by authoritarian regimeState actors of legislation on security, or security imperatives, sedition and the fight against terrorism and extremism as an instrument to persecute or criminalize persons belonging to belief and religious minorities, to outlaw or restrict the practise or expression of their belief or religion and gatherings of believers, and to deter the membership and registration of belief or religious associations; calls on the Commission and European External Action Service (EEAS) to monitor carefully the implementation of such legislation, and to consistently raise this issue in bilateral dialogues with the governments concerned; urges EU Member States to reject any request by foreign authorities for judicial and police cooperation in individual judicial cases if they are based on such legislation;
Amendment 289 #
2021/2055(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Strongly condemns the use of coercive detention of belief and religious minorities in State-run re-education camps; deplores the actions of State authorities to force learning the dominant language, sing praises of the dominant party and renounce their religion in the internment camps; strongly condemns the use of forced labour of belief or religious minorities in State controlled factories; and the massive use of digital surveillance technologies to monitor and control population belonging to belief or religious minorities;
Amendment 291 #
2021/2055(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Condemns the intensified surveillance, attempts to control the functioning, practices and leadership of religious communities and minorities by some countries and the interference in their systems of belief;
Amendment 296 #
2021/2055(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Deplores the fact that more than 70in some countries in the world authorities enforce criminal laws or seek to introduce new legislation which provide for punishments for blasphemy, apostasy and conversion, including the death sentence, or use laws against provoking religious offence to arbitrarily detain and ill-treat minorities on the ground of belief or religion, or claim violation of public order laws or law against incitement to violence without sufficient evidence to justify such charges; notes that laws already in place are used disproportionately against people belonging to belief or religious minorities, and are thus seen, with good reason, as an instrument of oppression; calls for the EU to intensify its political dialogue with all countries concerned with a view to repeal those laws;
Amendment 299 #
2021/2055(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Deplores the fact that more than 70 countries in the world enforce criminal laws or seek to introduce new legislation which provide for punishments for blasphemy, apostasy and conversion, including the death sentence; notes that laws already in place are used disproportionately against people belonging to religious minorities, and are thus seen, with good reason, as an instrument of oppression; calls for the EU to intensify its political dialogue with all countries concerned with a view to repeal those laws; underlines that converts leaving a majority faith often experience the most severe violations including imprisonment, forced divorce, abduction, physical violence and murder;
Amendment 302 #
2021/2055(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Notes the need to protect the lawyers, NGOs and members of the civil society that help, collaborate and defend those who are persecuted on the grounds of belief or religion;
Amendment 303 #
2021/2055(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Stresses the need to eliminate discrimination in the field of employment, education, access to justice and effective remedies, housing, and healthcare; underlines the need to work with human rights institutions and organisations to monitor the compliance, examine complaint and repeal laws and policies that discriminate or persecute minorities on the ground of belief or religion;
Amendment 309 #
2021/2055(INI)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28c. Underlines the importance of civil society initiatives in tackling the persecution of minorities on the ground of belief and religion, and in promoting a multi-layered holistic approach that encompass human rights, conflict resolution, development, and interfaith and interreligious initiatives;
Amendment 313 #
2021/2055(INI)
Motion for a resolution
Subheading 5
Subheading 5
Strengthening EU human rights foreign policy and external actions to address the persecution of belief or religious minorities
Amendment 315 #
2021/2055(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. WelcomesTakes note of the recent appointment of Mr Christos Stylianides as the EU Special Envoy for the promotion of freedom of religion or beliefbelief or religion; reiterates its calls on the Commission to guarantee transparency in the nomination, mandate, activities and reporting obligations of the Special Envoy and to ensure commitment to the universality, indivisibility and interdependence of all human rights and to European values; stresses that the Special Envoy’s duties should focus on promoting freedom of thought, conscience, religion and belief, and the rights to non-belief, apostasy and the espousal of atheistic views, also paying attention to the situation of non-believers at risk; calls on the Commission to include objectives for the fight against persecution of minorities on the grounds of belief or religion as important part of his mandate; recommends that the Special Envoy works closely with the EU Special Representative for Human Rights and the Council Working Group on Human Rights (COHOM), and reiterates its calls on the Council and the Commission to adequately support the Special Envoy’s institutional mandate, capacity and duties; carry out a transparent and comprehensive assessment of the effectiveness and added value of the position of the Special Envoy;
Amendment 323 #
2021/2055(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Council, the Commission, EEAS and EU Member States to address persecutions based on belief or religion as a priority of EU human rights foreign policy, in line with the EU action plan for human rights and democracy for 2020-2024; stresses that a multi-layered and multi-actor approach is needed to protect and promote freedom of rbeligionef or breliefgion, encompassing human rights, conflict resolution and interfaith initiatives that involve multiple state and non-state actors; reiterates its call for a public review of the EU Guidelines on freedom of religion or belief, allowing for the assessment of their implementation and of proposals for their update; also calls for progress reports on the implementation of the Guidelines to be communicated regularly to Parliament;
Amendment 328 #
2021/2055(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Urges the EEAS and EU Delegations to include objectives specifically related to the protection of belief or religious minorities for all relevant situations, as part of the human rights and democracy country strategies (HRDCSs) for 2021-2024. and to consistently raise general issues and specific cases relating to the discrimination against and persecution of belief or religious minorities during human rights dialogues with partner countries and ensure that these exchanges produce genuine positive outcomes; reiterates its call for Members of the European Parliament to be given access to the content of HRDCSs;
Amendment 334 #
2021/2055(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission and EEAS to scrutinise the human rights situations of belief or religious minorities in third countries and the implementation of related commitments under bilateral agreements of those countries with the EU, including under trade agreements such as the Generalized Scheme of Preferences Plus;
Amendment 3 #
2021/2036(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to the Charter of Fundamental Rights of the European Union, and especially Articles 11, 20, 47 and 48 thereof,
Amendment 17 #
2021/2036(INI)
Motion for a resolution
Citation 35 a (new)
Citation 35 a (new)
— having regard to the Council of Europe Recommendation of the Committee of Ministers to Member States on the protection of journalism and safety of journalists and other media actors CM/Rec(2016)4[1]
Amendment 33 #
2021/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive and for the rule of law to be upheld;
Amendment 54 #
2021/2036(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on civil and criminal law, as well as the threats of such actions, with the purpose of preventing public participation including investigating and reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation and activism including by violating civil liberties such as freedom of association, assembly and freedom of expression and of information thus resulting in lessening societal resilience against authoritarian pushback against democracy and rule of law;
Amendment 75 #
2021/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academicmedia organisations, academics, watchdogs, human rights defenders, whistle blowers, civil society and NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis, the Slovenian investigative news outlet Necenzurirano recently hit by a barrage of 39 lawsuits and continuous lawsuits against defenders of women's rights in Poland;
Amendment 100 #
2021/2036(INI)
Motion for a resolution
Recital D
Recital D
D. whereas SLAPPs within the Union are often cross-border in nature, which results in reporting delays as illustrated in many cases, often relating to cases of environmental protection, financial fraud and/or corruption, where they constitute a clear attempt to delay publication of information by halting or discrediting the work of individual journalists and publishing entities, hence depriving citizens of their right to information; whereas SLAPPs and SLAPP threats may be brought within the Union also by actors in third countries and before courts in third countries;
Amendment 109 #
2021/2036(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the murders of David Beriain and Roberto Fraile in Burkina Faso on the 26 April 2021 are the last of an increasing list of despicable assassinations of European journalists in Europe and abroad; whereas the OSCE reports that impunity prevails as, for example, fewer than 15 % of murders of journalists in the OSCE region are solved;
Amendment 114 #
2021/2036(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas SLAPP suits can be issued by private entities and public actors including state-owned companies thus becoming a tool of exerting political power; whereas in the case of public authorship of SLAPPs the damage borne by SLAPP victims can be even greater;
Amendment 124 #
2021/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining freedom of expression, media freedom and public democratic participation threatens– including freedom of expression, media freedom and rights to peaceful assembly and association and on Union values as enshrined in Article 2 of the TEU; welcomes the fact that the 2020 rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the 2021 annual and subsequent reports to include a thorough assessment of the legal environment for the media, and investigative journalism in particular, and to look more thoroughly at challenges affecting civil society, including as regards SLAPPs targeting NGOs, activists and rights defenders;
Amendment 162 #
2021/2036(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that SLAPPs undermine the rule of law and constitute a misuse of Member States’ justice systems and legal frameworks, especially for successfully addressing ongoing common challenges outlined in the Justice Scoreboard, such as caseload administration and case backlogs; recalls that a properly functioning justice system delivers judgements without undue delay, and manages judicial resources so as to maximise efficiency, and that this is only possible where judges and judicial bodies are not burdened with the handling of claims that are later on dismissed as abusive and lacking in legal merit;
Amendment 175 #
2021/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, media organisations, NGOs, academics and civil society, including those defending fundamental rights and freedoms, such as, inter alia, women's rights and LGBTQI rights, thus threatening media freedom, freedom of expression and public safety given that online hate speech can incite real-world violence;
Amendment 201 #
2021/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, media organisations, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 225 #
2021/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, media organisations, academics, civil society and NGOs and to ensure that fundamental rights are upheld in the Member States;
Amendment 238 #
2021/2036(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. 2. Condemns in the strongest terms the assassination of David Beriain and Roberto Fraile; calls on all European institutions and the Government of Burkina Faso to take all possible actions to end impunity and bring those responsible for their deaths to justice, recalls that accountability is a key element in preventing future attacks;
Amendment 254 #
2021/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels I and Rome II Regulations to be amendmentsproperly amended in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for theurgent introduction of a uniform choice of law rule for defamation, as well as for proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, association and information in the Union; is concerned that if measures only address lawsuits regarding information, actions based on other civil matters or criminal procedures may still be used;
Amendment 276 #
2021/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, media organisations, academics, civil society and NGOs in preventing breaches of Union law and ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and reporting on these matters of public interest;
Amendment 303 #
2021/2036(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to present a proposal for measures to ensure that defamation, libel and slander, which constitute criminal offences in most Member States, cannot be used for SLAPPs, including through through public or private prosecution; underljoines the calls of the Council of Europe and OSCE for the decriminalisation of defamation; invites the Commission to address the question of the seriousness of threats of SLAPPs in a legislative proposal; notes that defendants often face criminal charges while at the same time being sued for civil liability allegedly arising from the same conduct;
Amendment 320 #
2021/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs; stress the importance for victims and potential victims of SLAPPs to have easy and accessible information about these type of cases, legal aid and support, including psychological support for victims and their family members;
Amendment 328 #
2021/2036(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Welcomes the Commission’s intention to propose a recommendation on the safety of journalists; is however concerned of its limited geographical scope; point out that many European media organisations operate in an international environment; is concerned that media organisations are increasingly relinquishing their duty of care within and beyond the EU towards journalists employed by them or those producing the media content they acquire; notes the increasing use of freelancers, particularly young journalists and media workers at the start of their career, to cover high-risk areas and conflict zones; is concerned by the precarious working and decreasing safety conditions under which freelancers operate from high-risk areas and conflict zones;
Amendment 329 #
2021/2036(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls on the Member States to fully implement the Council of Europe recommendation on the protection of journalism and safety of journalists and other media actors, calls to the Commission to include in the forthcoming Recommendation on the safety of journalists a Beriain-Fraile Protocol, in line with the Council of Europe Recommendation, stablishing common European guidelines and procedures for the deployment of journalists and other media workers on difficult or dangerous assignments, such as in conflict zones; believes that the Beriain-Fraile Protocol. should detail the institutional responsibilities of media companies, including among others, providing journalists and other media workers with adequate information, including on the risks involved, and requisite training in all matters of safety, digital security and privacy, as well as arranging for life assurance and health and travel insurance as part of a comprehensive and equitable package of work conditions the provision of legal support, when relevant, and representation and trauma counselling on return from assignments, stresses that such deployment should be voluntary and informed; stresses that the Beriain-Fraile Protocol, should apply indistinctively to all journalists and other media actors working for European media companies – in salaried, freelance and all other capacities;
Amendment 30 #
2021/2035(INL)
Motion for a resolution
Citation 14 c (new)
Citation 14 c (new)
– having regard to the Commission’s Communication "LGBTIQ Equality Strategy (2020-2025)", published on 12 November 2020,
Amendment 31 #
2021/2035(INL)
Motion for a resolution
Citation 14 d (new)
Citation 14 d (new)
– having regard to the Commission’s Communication: "EU Strategy on the rights of the child (2020-2025)", published on 24 March 2021,
Amendment 84 #
2021/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the European Institute for Gender Equality defines femicide as the killing of women and girls because of their gender; whereas it can take different forms such as the murder of women as a result of intimate partner violence, killing of women and girls because of their gender, sexual orientation, gender identity, gender expression and sex characteristics, as well as female and intersex genital mutilations and so called "honour killings";
Amendment 134 #
2021/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns all forms of violence against women and girls in all their diversity and other forms of gender-based violence, such as violence against LGBTI persons, and deplores the fact that women and girls continue to be exposed to psychological, physical, sexual and economic violence, including sexual exploitation and trafficking in human beings, both online and offline;
Amendment 154 #
2021/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power, patriarchal structures, and gender stereotypes, that have led to domination over and discrimination against women and LGBTI persons by men; underlines that this situation is aggravated by social and economic inequalities;
Amendment 176 #
2021/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the wide range of psychological impacts that gender-based violence has on victims, including and witnesses, including feeling unsafe or vulnerable, stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and of sense of control; recalls that gender- based violence also has a social and economic impact;
Amendment 213 #
2021/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists on actions to prevent gender- based violence by addressing the underlying causes, including counteracting sexism, gender stereotypes and patriarchal values; underlines the need for gender equality to have a central place in education and the need for awareness- raising campaigns; recalls the Commission’s proposal in the Gender Equality Strategy for an EU-wide campaign on gender stereotypes and calls on Member States to fully support and implement the initiative when launched;
Amendment 258 #
2021/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that violations of sexual and reproductive rights are a form of violence against women and girls, as well as transgender and non-binary persons, as reflected in the LGBTIQ Equality Strategy;
Amendment 288 #
2021/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to take all necessary measures to promote the protection of women and girls in all their diversity and all survivors of gender-based violence against all forms of violence, including by paying greater attention to the needs of survivors who experience intersectional forms of discrimination and violence;
Amendment 299 #
2021/2035(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the obligation on Member States to ensure that there is support and services for survivors of gender-based violence; recalls the importance, in that context, of support to independent civil society and women’s and specialised shelter organisations;
Amendment 304 #
2021/2035(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to step up their work in order to ensure that victims have access to justice, including restorative justice, and to guarantee that the rights of the victim are placed at the centre in order to avoid discrimination, traumatisation or revictimisation during judicial, medical and police proceedings; underlines with concern that most Member States still have issues with complete/correct transposition and/or practical application of the Victim’s Rights Directive, as reflected in the Commission’s Strategy on victim’s rights, and calls on their due diligence for its complete and correct transposition;
Amendment 328 #
2021/2035(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that gender-based violence is a serious crime and a widespread violation of fundamental rights in the Union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a patriarchal society that has a cross-border dimension; points, in particular, at the growing anti- gender and anti-women movements, which are well organised and have a cross-border nature, and which therefore call for a coordinated EU response;
Amendment 348 #
2021/2035(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls in all their diversity and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions;
Amendment 367 #
2021/2035(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to propose a directive on gender-based violence that implements the standards of the Istanbul Convention and includes the following elements: prevention, including through gender-sensitive education programming directed at both girls and boys in all their diversity, and empowerment of women and girls in all their diversity; support services and protection measures for survivors; combating all forms of gender-based violence, including violations of women’s, transgender's and non-binary persons' sexual and reproductive health and rights; and minimum standards for law enforcement;
Amendment 41 #
2021/0140(CNS)
Proposal for a regulation
Recital 1
Recital 1
(1) The Schengen area without border control at internal borders relies on the effective and efficient application by the Member States of the Schengen acquis. That acquis comprises measures in the area of external borders, compensatory measures for the absence of controls at internal borders and a strong monitoring framework, which together facilitatensure free movement and ensures a high level of security, justice and protection of fundamental rights, including the protection of personal data.
Amendment 43 #
2021/0140(CNS)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to increase its effectiveness and efficiency, the Schengen evaluation and monitoring mechanism should be enhanced. The revised evaluation and monitoring mechanism should aim at maintaining a high level of mutual trust among Member States by guaranteeing that Member States apply the Schengen acquis effectively following the agreed common standards, fundamental principles and norms, thereby contributing toin order to ensure a well- functioning Schengen area without internal border controls, in full respect for fundamental rights.
Amendment 45 #
2021/0140(CNS)
Proposal for a regulation
Recital 6
Recital 6
(6) The evaluation and monitoring mechanism mayshould cover all areas of the Schengen acquis - present and future - except those where a specific evaluation mechanism already exists under Union law. As regards the issue of borders, the evaluation and monitoring mechanism should cover both the efficiency of border controls at external borders and the absence of border controls at internal borders. The evaluation and monitoring mechanism should encompass all relevant legislation and operational activities contributing to the functioning of Schengen areaan area without border control at internal borders.
Amendment 48 #
2021/0140(CNS)
Proposal for a regulation
Recital 7
Recital 7
(7) The correct functioning of the authorities that apply the Schengen acquis should be taken into account in all the evaluations in line with the European Council conclusions of 1 and 2 March 2012. The evaluation should also cover the practices of private entities, such as airlines or external service providers, as far as they are involved in or affected by the implementation of the Schengen acquis while cooperating with the Member States. Equally, given the increasing role of Union bodies, offices and agencies in the implementation of the Schengen acquis, the evaluation and monitoring mechanism should support the verification of the activities of these Union bodies, offices and agencies in so far as they perform functions on behalf of the Member States to assist in the operational application of provisions of the Schengen acquis. Verification of these activities in this regard should be embedded into the evaluation of the Member States and carried out without prejudice to and in full respect of the responsibilities attributed to the Commission and to the relevant governing bodies of the agencies, offices and bodies concerned by their establishing regulations and their own evaluation and monitoring procedures therein. Should evaluations identify deficiencies in relation to functions fulfilled or supported by Union bodies, offices and agencies, the Commission should include this in the evaluation report and inform their relevant governing bodies.
Amendment 64 #
2021/0140(CNS)
Proposal for a regulation
Recital 14
Recital 14
(14) Unannounced visits, being one of the most effective tools to verify Member States practices should, depending on their purpose, take place without prior notification to the Member State concerned or with only short prior notification. Unannounced visits without prior notification should take place for ‘investigative’ purposes in order to verify compliance with obligations under the Schengen acquis, including, in response to indications as regards the emergence of systemic problems that could potentially have a significant impact on the functioning of the Schengen area or to fundamental rights violations, in particular allegations of serious violations of fundamental rights at the external borders. In such cases, the provision of advance notice would defeat the objective of the visit. Unannounced visitsVisits or evaluations at short-notice, with a 24-hour advance notice, should take place if the main purpose of the visit is to carry out a random check of the Member State’s implementation of the Schengen acquis.
Amendment 68 #
2021/0140(CNS)
Proposal for a regulation
Recital 16
Recital 16
(16) Evaluation and monitoring activities should be carried out by teams consisting of Commission representatives and experts designated by Member States. These representatives and experts should have appropriate qualifications, including a solid theoretical knowledge and practical experience, and have undertaken the appropriate training. In order to ensure the participation of sufficient number of experienced experts in a faster and less burdensome way, a pool of experts should be established and maintained by the Commission in close cooperation with the Member States. The pool should be the primary source of experts for evaluation and monitoring activities.
Amendment 70 #
2021/0140(CNS)
Proposal for a regulation
Recital 17
Recital 17
(17) More flexibility should be provided as regards the size of the evaluation and monitoring teams in order to increase the efficiency and to reduce administrative burden. Therefore, the Commission should define and adapt the size of the teams depending on the needs and challenges related to each evaluation and monitoring activity. When setting up the teams, geographical balance and rotation, and gender balance should, to the extent possible, be ensured by the Commission and account should be taken of the capacity of national administrations and the need for a variety of profiles. The principle of shared responsibility, predictability and the commitment taken when nominating experts to the pool implies that the experts invited for specific evaluations and their national authorities should respond positively to invitations; turning the invitations down should be duly justified on serious professional or personal grounds only.
Amendment 77 #
2021/0140(CNS)
Proposal for a regulation
Recital 22
Recital 22
(22) In addition, where evaluations identify a serious deficiency, specific provisions should apply to ensure the prompt adoption of remedial measures. Given the risk posed by such deficiency, as soon as the evaluated Member State is informed about a serious deficiency, the evaluated Member State should start immediately implementing actions to remedy the deficiency including, where necessary, mobilising all available operational and financial means. Remedial action should be subject to tighter deadlines and closer political scrutiny and monitoring throughout the process. In this regard, the Commission should immediately inform the Council and the European Parliament when an evaluation establishes the existence of a serious deficiency and report on any infringement proceedings that are ongoing or to be brought against the evaluated Member State. The Commission should also organise a ‘serious deficiency’ revisit no later than one yearsix months from the date of the evaluation to verify whether the Member State has remedied the shortcomings concerned. The Commission should present a revisit report to the Council and the Parliament following the revisit.
Amendment 80 #
2021/0140(CNS)
Proposal for a regulation
Recital 23
Recital 23
(23) The identification of a serious deficiency requires a thorough case-by- case assessment on the basis of clear criteria regarding the nature, scale and potential impact of the problems, which may be different for each policy area. Different key elements for the effective implementation of the Schengen acquis and different combination of factors could lead to the classification of a finding as a serious deficiency. However, if it is considered that a shortcoming identified is or in a short-term has the potential of putting the overall functioning of the area without internal border control at risk, or have a significant negative impact on fundamental rights or the rights of individuals, such shortcoming is to be regarded as a serious deficiency. Where a serious deficiency in the carrying out of external border control is identified in an evaluation report, Articles 21 and 29 of Regulation (EU) 2016/399 of the European Parliament and of the Council37 may apply. _________________ 37 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
Amendment 87 #
2021/0140(CNS)
Proposal for a regulation
Recital 26
Recital 26
(26) It is essential and desirable that the European Parliament and the Council regularly hold discussions at political level in order to raise awareness of the importance of the implementation of the Schengen acquis, hold Member States who persistently breach the common rules accountable, and increase pressure on them to remedy the deficiencies identified. To that end, it is imperative that both institutions are fully and equally informed of all developments in the implementation of the Schengen acquis in the Member States. The Commission should provide adequate input to facilitate these discussions including through the adoption of a comprehensive annual report covering the evaluations carried out during the previous year and state of implementation of recommendations, which would be part of the ‘State of Schengen’ report. The European Parliament is encouraged to adopt resolutions and the Council should adopt conclusions to increase pressure on Member States making insufficient progress. The ‘Schengen Forum’, as a unique stage to discuss Schengen at high level with representatives of the European Parliament, Member States and the Commission should provide a platform for informal discussions aiming at better implementation of the Schengen acquis.
Amendment 89 #
2021/0140(CNS)
Proposal for a regulation
Recital 28
Recital 28
(28) The classification status of the evaluation and revisit reports should be determined in accordance with the applicable security rules set out in Commission Decision (EU, Euratom) 2015/44438 . The evaluated Member State should neverthelessin exceptional cases only retain the possibility to request the classification of all or parts of the report in accordance with the applicable security rules. _________________ 38 Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).
Amendment 97 #
2021/0140(CNS)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes an evaluation and monitoring mechanism for the purpose of ensuring that Member States apply the Schengen acquis effectively, thereby contributing toin order to ensure a well-functioning area without internal border controls, in full respect for fundamental rights.
Amendment 101 #
2021/0140(CNS)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Evaluations may cover all aspects of the Schengen acquis and, shall always include a fundamental rights assessment, and may take into account the functioning of the authorities that apply the Schengen acquis.
Amendment 104 #
2021/0140(CNS)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘unannounced evaluation’ means an evaluation, which is not included in the multiannual and annual evaluation programmes, and which is carried out without any prior notice, to verify the application of the Schengen acquis by one or more Member States in one or more policy fields;
Amendment 106 #
2021/0140(CNS)
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(d a) "evaluation on short-notice" means an evaluation, which is not included in the multiannual and annual evaluation programmes, to verify the application of the Schengen acquis by one or more Member States in one or more policy field, and in respect of which the Member State or Member States in question receive a maximum of 24 hours advance notice.
Amendment 110 #
2021/0140(CNS)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘serious deficiency’ means one or more deficiencies which concern the effective application of key elements of the Schengen acquis, including upholding the Charter of Fundamental Rights of the European Union, and which individually or in combination, have, or risk to have over time, a significant negative impact on freedom of movement, the rights of individuals, or on the functioning of the Schengen area;
Amendment 115 #
2021/0140(CNS)
Proposal for a regulation
Article 2 – paragraph 1 – point k a (new)
Article 2 – paragraph 1 – point k a (new)
(k a) 'Union observer' means an expert designated by a Union institution, body, office or Agency to participate, as an observer, in an evaluation of a Member State, a visit or revisit of a Member State
Amendment 120 #
2021/0140(CNS)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Member States and the Commission shall cooperate fully at all stages of evaluations in order to ensure the effective implementation of this Regulation, while ensuring that the European Parliament is kept fully informed of all substantive developments.
Amendment 121 #
2021/0140(CNS)
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
They shall ensure that the Commission and the teams carrying out evaluation and monitoring activities are able to perform their tasks effectively, in particular by granting the possibility to the Commission and the teams to address individually and directly relevant persons and by providing full and unimpeded access to all areas, premises and documents to which access has been requested, including national and internal guidelines and instructions, also classified ones.
Amendment 127 #
2021/0140(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(c a) Evaluations at short-notice
Amendment 131 #
2021/0140(CNS)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) to evaluate practices at internal borders, in particular where internal border controls have been in place for longer than four months;
Amendment 138 #
2021/0140(CNS)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) when it has grounds to consider that a Member State is seriously neglecting its obligations under the Schengen acquis, including particular allegations of serious fundamental rights violations at the external borders.
Amendment 141 #
2021/0140(CNS)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. When it has received or is aware of multiple reports from external sources regarding allegations of fundamental rights violations at the external borders of a Member State, the Commission shall organise an unannounced evaluation of that Member State.
Amendment 142 #
2021/0140(CNS)
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2 b. Evaluations may cover any aspect of the Schengen acquis, including the effective and efficient application by the Member States of accompanying measures in the areas of external borders, visa policy, the Schengen Information System, data protection, police cooperation, judicial cooperation, as well as the absence of border control at internal borders. All evaluations shall comprise an assessment of compliance with fundamental rights in the context of the aspects covered.
Amendment 146 #
2021/0140(CNS)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Evaluations and monitoring activities referred to in Articles 4 and 5 may be carried out by means of announced or unannounced visits, or visits at short- notice, and questionnaires or other remote methods where physical visits are not feasible or are unnecessary.
Amendment 152 #
2021/0140(CNS)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By 31 August each year, Frontex shall submit to the Commission and, the Member States, and the European Parliament a risk analysis in view to the annual evaluation programme referred to in Article 13 of this Regulation.
Amendment 153 #
2021/0140(CNS)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The risk analysis referred to in paragraph 1 shall cover all relevant aspects related toaspects of European integrated border management, as laid down in Article 3(1) of Regulation (EU) 2019/1896, and include a fundamental rights component, and it shall also contain recommendations for unannounced visits in the following year, irrespective of the order of Member States to be evaluated each year, as established in the multiannual evaluation programme in accordance with Article 12.
Amendment 157 #
2021/0140(CNS)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9 a Cooperation with the Fundamental Rights Agency In accordance with Article 4(1)(a) and (d) of Council Regulation (EC) No 168/2007, the Fundamental Rights Agency shall submit, by 31 August each year, conclusions on its overall fundamental rights assessment in relation to the implementation of the Schengen acquis with a view to providing to the Commission when drawing up the annual evaluation programme referred to in Article 13.
Amendment 162 #
2021/0140(CNS)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall use the results of relevant mechanisms and instruments, including evaluation and monitoring activities of Union bodies, offices and agencies which are involved in the implementation of the Schengen acquis and of the European Union Agency for Fundamental Rights as well as of independent national monitoring mechanisms and bodies and other national quality control mechanisms in preparing the evaluation and monitoring activities, in determining the need for unannounced evaluation or evaluations at short-notice, to improve awareness on the functioning of the Schengen area and to avoid the duplication of efforts and conflicting measures.
Amendment 171 #
2021/0140(CNS)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
In the programming and implementation of the evaluations and monitoring activities, in particular in determining the need for unannounced evaluations in accordance with Article 4(2) and Article 4(2a), the Commission shall take into account information provided by third parties, including independent authorities, non- governmental organisations and international organisations.
Amendment 177 #
2021/0140(CNS)
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. The multiannual evaluation programme shall identify the specific priority area, in accordance with Article 4(2b), those aspects of the Schengen Acquis to be covered by the periodic evaluations and shall include a provisional time-schedule of those evaluations.
Amendment 186 #
2021/0140(CNS)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2
Article 14 – paragraph 4 – subparagraph 2
The Commission shall make the replies available to the other Member States and to the European Parliament.
Amendment 189 #
2021/0140(CNS)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The Member States and the Commission, in cooperation with relevant Union bodies, offices or agencies, shall ensure that Member State experts and Commission representatives receive adequate training to become Schengen evaluators. Completion of this training shall be mandatory for all experts participating in a team carrying out an evaluation in accordance with Article 18.
Amendment 191 #
2021/0140(CNS)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission, in cooperation with the Member States, shall establish every year a pool of experts whose professional background cover those aspecific priority areas set out ints of the Schengen acquis to be covered in accordance with the multiannual evaluation programme.
Amendment 192 #
2021/0140(CNS)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. In parallel to the establishment of the annual evaluation programme in accordance with Article 13(1), on the invitation of the Commission, Member States shall designate at least one qualified expert per each specific area determinedspect of the Schengen acquis to be evaluated as laid down in the multiannual evaluation programme for next year’s pool of experts.
Amendment 193 #
2021/0140(CNS)
Proposal for a regulation
Article 17 – paragraph 11
Article 17 – paragraph 11
11. The Commission shall keep the list of experts of the pool up to date and inform Member States and the European Parliament about the number of experts and their profiles designated per Member State.
Amendment 195 #
2021/0140(CNS)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Commission shall define the number of Member State experts and Commission representatives participating in a team based on the particularities and needs of the evaluation or monitoring activity. The Commission shall select experts from the pool of experts to become members of a team. All members of athe team, with the exception of observers or Union observers, shall have undergone the training in accordance with Article 16(1).
Amendment 196 #
2021/0140(CNS)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. In selecting experts, the Commission shall have regard to the profiles needed for a particular evaluation or monitoring activity taking account of the need to ensure geographical balance, gender balance, balance as regards professional experience and the capacity of national administrations.
Amendment 197 #
2021/0140(CNS)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Member State experts shall not participate in a team carrying out an evaluation or monitoring activity of the Member State where they are employed. Moreover, where the activities of an Union body, office or agency present in the Member State are being evaluated as part of that Member State's evaluation, no expert or observer from that Union body, office or agency shall participate in the evaluation.
Amendment 198 #
2021/0140(CNS)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. In the case of unannounced visits, or visits at short-notice, the Commission shall send the invitations no later than two weeks before the visit is scheduled to commence. Experts shall respond within 72 hours of receiving the invitation, in agreement with their designating authorities.
Amendment 202 #
2021/0140(CNS)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6 a. In the case of revisits, the Commission shall invite a representative of the European Parliament to participate as a Union observer.
Amendment 204 #
2021/0140(CNS)
Proposal for a regulation
Article 18 – paragraph 9 – subparagraph 1
Article 18 – paragraph 9 – subparagraph 1
The Commission shall designate a Commission lead expert and propose the Member State lead expert. The Member State lead expert shall be appointed by the members of the team as soon as possible after the team has been set up. The Commission shall also designate an expert responsible for the fundamental rights elements of the visit or evaluation.
Amendment 211 #
2021/0140(CNS)
Proposal for a regulation
Article 19 – paragraph 4 – introductory part
Article 19 – paragraph 4 – introductory part
4. Unannounced visits shall take place without prior notification to the Member State concerned. By way of exception, the Commission may notify the Member State concerned at least 24 hours before such visit is to take place when the main purpose of the unannounced visit is a random verification of the implementation of the Schengen acquis.
Amendment 221 #
2021/0140(CNS)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The Commission, in cooperation with the Member States, may establish guidelines for conducting evaluation and monitoring activities by questionnaire or other remote methods. Remote methods shall be used only where physical visits are not feasible or unnecessary.
Amendment 258 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 7 – introductory part
Article 23 – paragraph 7 – introductory part
7. To verify the progress made in the implementation of the recommendations related to the serious deficiency, the Commission shall organise a revisit that is to take place no later than one yearsix months from the date of the evaluation activity.
Amendment 266 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 10
Article 23 – paragraph 10
10. If the serious deficiency is deemed to constitute a serious threat to public policy or internal security within the area without internal border controls, or a serious and systematic fundamental rights violation, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall immediately inform thereof the European Parliament and the Council thereof including information on infringement proceedings that are underway or will be brought against the evaluated Member State .
Amendment 275 #
2021/0140(CNS)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The classification status of the reports shall be determined in accordance with Decision (EU, Euratom) 2015/444. TheyIn exceptional cases, parts of the reports may also be classified as ‘EU RESTRICTED/RESTREINT UE’ on a duly justified request of the evaluated Member State.
Amendment 277 #
2021/0140(CNS)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
The Commission shall undertake a review of the application of this Regulation and submit a report to the Council within six months of the adoption of all evaluation reports regarding the evaluations covered by the first multiannual evaluation programme adopted in accordance with this Regulation. Such review shall cover all the elements of this Regulation, including the functioning of the procedures for adopting acts under the evaluation mechanism. The Commission shall submit that report to the European Parliament without delay.
Amendment 16 #
2020/2196(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the Schengen area is a unique arrangement and one of the greatest achievements of the European Union, allowing free movement of people within the Schengen area without controls at internal borders for over 25 years; whereas this has been made possible through a variety of compensating measures, such as reinforcing the exchange of information through the establishment of the Schengen Information System (SIS) and creating an evaluation mechanism to verify the implementation of the Schengen acquis by Member States and foster mutual trust in the functioning of the Schengen area; whereas mutual trust also demands solidarity, security, judicial and police cooperation in criminal matters, joint protection of EU external borders, a common understanding and common policies on visas and data protection;
Amendment 19 #
2020/2196(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the abolition of internal border controls is one essential, practical element of what citizens’ identify with the European idea and is crucial for the functioning of the internal market; whereas the Schengen area is under threat not least given the ever-increasing use of internal border controls by Member States, in particular in recent years;
Amendment 20 #
2020/2196(INI)
Motion for a resolution
Recital C (new)
Recital C (new)
C. whereas as a response to the COVID-19 pandemic, most Member States have reintroduced internal border controls or have closed such borders, either partially or totally, or have closed them to certain types of travellers, including EU citizens and their family members and third-country nationals residing on their territory or that of another Member State;
Amendment 21 #
2020/2196(INI)
Motion for a resolution
Recital D (new)
Recital D (new)
D. whereas, especially at the beginning of the pandemic, the absence of any effective coordination on the reintroduction and lifting of internal border controls among Member States and with the Commission challenged the very concept of Schengen cooperation;
Amendment 22 #
2020/2196(INI)
Motion for a resolution
Recital E (new)
Recital E (new)
E. whereas, since 2015 internal border controls have been reintroduced by Member States a total of 205 times, whereas this represents a significant increase compared with the period between 2006 and 2014 when internal border checks were reintroduced merely 35 times;
Amendment 23 #
2020/2196(INI)
Motion for a resolution
Recital F (new)
Recital F (new)
F. whereas the European Parliament has repeatedly expressed concerns about the legality and proportionality of many of those internal border controls;
Amendment 24 #
2020/2196(INI)
Motion for a resolution
Recital G (new)
Recital G (new)
G. whereas mutual trust and close cooperation among Member States are key elements of the foundation on which the Schengen area is build;
Amendment 25 #
2020/2196(INI)
Motion for a resolution
Recital H (new)
Recital H (new)
H. whereas important EU legislative instruments have been adopted in recent years with the objective of improving the effectiveness and efficiency of border checks at external borders, and contributing to a high level of security within the area of freedom, security and justice; whereas these instruments include a new architecture for EU information systems and their interoperability;
Amendment 26 #
2020/2196(INI)
Motion for a resolution
Recital I (new)
Recital I (new)
I. whereas serious deficiencies were identified in the 2017 Schengen evaluation of the United Kingdom on the application of the Schengen acquis in the field of the Schengen Information System;
Amendment 27 #
2020/2196(INI)
Motion for a resolution
Recital J (new)
Recital J (new)
J. whereas the first evaluation cycle of the Schengen Evaluation Mechanism has shown the need for further implementation of recommendations stemming from the evaluations and appropriate reform in particular as regards how the mechanism assesses compliance with fundamental rights;
Amendment 28 #
2020/2196(INI)
Motion for a resolution
Recital K (new)
Recital K (new)
K. whereas Frontex’s annual vulnerability assessments examine Member States capabilities to face threats and challenges at the external borders and recommend specific remedial action to mitigate vulnerabilities and therefore complement the evaluations under the Schengen evaluation mechanism;
Amendment 29 #
2020/2196(INI)
Motion for a resolution
Recital L (new)
Recital L (new)
L. whereas the full application of the Schengen acquis with respect to the abolition of internal border controls as regards Bulgaria and Romania has not yet been realised, despite the fact that Parliament already called for this to happen back in its resolution of 8 June 2011;
Amendment 30 #
2020/2196(INI)
Motion for a resolution
Recital M (new)
Recital M (new)
M. whereas the European Commission stated in its Communication of 22 October 20191a that Croatia has taken the measures needed to ensure that the necessary conditions for the full application of the Schengen rules and standards are met; __________________ 1a COM(2019) 497 final
Amendment 31 #
2020/2196(INI)
Motion for a resolution
Recital N (new)
Recital N (new)
N. whereas allegations of violence against migrants, including those seeking international protection, and push backs at several EU external borders continue to be reported; whereas the Union does not yet have an effective monitoring mechanism for its external borders;
Amendment 52 #
2020/2196(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that internal border controls are continuing to be introduced by some Member States as a unilateral response to new challenges, before they have given proper consideration to the common European interest in maintaining Schengen as an area without internal border controls, which has a negative effect on the free movement of goods, capital, services, and labour in the Union; underlines in this context the particularly difficult situation of cross- border workers ; reiterates its call on the Commission to exercise appropriate scrutiny over the application of the Schengen acquis, including through the use of infringement procedures, and underlines the urgent need to enhance mutual trust and cooperation among the Schengen states and appropriate governance for the Schengen area;
Amendment 58 #
2020/2196(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers regular political and public debate about the functioning of the Schengen area of critical importance;
Amendment 65 #
2020/2196(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the fact that a number of actions requested in the previous annual report1a have in the meantime been implemented (revision of the legislative framework of the Schengen Information System and reform of Eurosur); notes, however, that most recommendations formulated continue to remain valid; OJ C 76,9.3.2020, p. 106. __________________ 1a OJ C 76, 9.3.2020, p. 106.
Amendment 80 #
2020/2196(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Expresses its deep concern about the repeated allegations concerning Frontex’s possible involvement in pushbacks and considers that internal reporting mechanisms, as well as parliamentary and public scrutiny over Frontex’s activities, must be reinforced; calls on the Agency to establish a proper procedure for the implementation of Article 46 of the EBCG Regulation and to publish that procedure; calls on Frontex to urgently adopt an updated Fundamental Rights Strategy given that the current strategy dates from 2011 and does not take account of the updated mandate of the Agency;
Amendment 81 #
2020/2196(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Expresses its dismay that the Commission continues to neglect its reporting obligation towards Parliament and there by hampers scrutiny and constructive political debate by not presenting the yearly report on the functioning of the area without internal border control (Article33 of the Schengen Borders Code (SBC)) and the yearly comprehensive report in accordance with Article 20 of the Schengen Evaluation Mechanism (SEMM); was disappointed that the report on the review of the operation of the SEMM was presented with undue delay;
Amendment 84 #
2020/2196(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes with concern that no progress has so far been made during this legislative term on the revision of the SBC (2017/0245(COD)) for which interinstitutional negotiations remain blocked by the Council;
Amendment 85 #
2020/2196(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on Frontex to significantly enhance the information available about its operational activities at sea and to make accurate and comprehensive information publicly available as regards its activities at sea, while acknowledging its legal obligation not to reveal operational information which ‘would jeopardise attainment of the objective of operations; calls on Frontex to fulfil its specific reporting duties under the European Border and Coast Guard Regulation, including to regularly brief the Members of the Parliament to which it is accountable with detailed information, where necessary in a non-public setting; calls on Frontex to publish information on its cooperation with the Maritime Rescue Coordination Centre in Tripoli and the Libyan coast guard; believes that a more proactive information policy about its sea operations is required to allow for public scrutiny and thereby protection of the Agency from unfounded accusations; deplores, in particular, that the report that Frontex is required to produce under Regulation (EU) No 656/2014 ‘on the practical application of this Regulation’ provides hardly any tangible information which would enable a proper assessment of the Agency’s activities at sea;
Amendment 102 #
2020/2196(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Executive Director, in the light of the substantive nature of the allegations made, of the internal investigation initiated by the Agency’s Management Board, of the investigations launched by both the European Ombudsman and OLAF, and of the failure of the Executive Director to provide a satisfactory explanation concerning the events in question and the role of the Agency, to consider his position with immediate effect.
Amendment 104 #
2020/2196(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Expresses its deep concern about the high number of deaths in the Mediterranean; calls on Member States and Frontex to step up their efforts in support of search and rescue operations in the Mediterranean;
Amendment 105 #
2020/2196(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Expresses its view that the SEMM has brought significant improvements to governance of the Schengen area and has contributed to ensure its functioning by enhancing mutual trust and collective responsibility; emphasises, however, the sui generis nature of the evaluation mechanism in EU law and recalls that the Commission remains ultimately responsible for ensuring the application of the Treaties and of measures adopted by the institutions pursuant to them, if necessary by means of infringement procedures;
Amendment 109 #
2020/2196(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the Commission’s intention to review the SEMM; recalls the discussions on its legal basis during the negotiations on the Schengen Governance Package in 2012 and insists on being involved in the reform of the mechanism on an equal footing with the Council, either through the use of the ordinary legislative procedure, or using the same method as for the adoption of Council Regulation (EU) No 1053/2013 establishing the SEMM; recalls that this method consisted in a formal consultation of the European Parliament by the Council under its rules of procedure, a negotiation of the mechanism in a defacto co-decision procedure and a confirmation of the agreement reached by a letter of Council which was referred to in the legislative resolution of Parliament; considers that shortening the deadlines, evaluating respect for fundamental rights, bolstering the possibility to conduct genuinely unannounced visits and improving transparency must be key elements of any future reform;
Amendment 115 #
2020/2196(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Council to hold regular discussions at ministerial level and with that assuming its political role the Schengen evaluation process has given to it and in that regard recalls the Council’s own conclusions of 8 March 2012, in which it called on the Mixed Committee to improve the governance of the Schengen area through political discussions at ministerial level on the correct functioning of the Schengen area, including discussions in situations where evaluation reports have shown serious shortcomings;
Amendment 117 #
2020/2196(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Expresses its objection to the failure of the Commission to present the annual report provided for in Article 20 of the Council Regulation(EU) No 1053/2013, despite numerous calls from the Parliament and the Council to do so; believes that the Commission thereby effectively prevented any public debate on the evaluations as had been the intention of the legislator, given that the actual evaluation reports all remained classified; recalls in this regard the obligation laid down in Article 17 for the Commission to “decide which part of the evaluation report can be made public”;
Amendment 119 #
2020/2196(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Considers that the future Schengen evaluation mechanism must contain an evaluation of the operational activities of the European Border and Coast Guard Agency, given its increasing role in external border management and return operations;
Amendment 121 #
2020/2196(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Recalls that fundamental rights safeguards, including the prohibition of refoulement, the right for respect of human dignity, the principle of non- discrimination, the right to seek international protection and the protection of personal data are part of the Schengen acquis applicable at external borders and should therefore be evaluated in Schengen evaluations; recalls that fundamental rights constitute an overarching component in the implementation of integrated border management; considers that the future mechanism should provide for experts of the European Union Agency for Fundamental Rights to be formal members of the team responsible for on- site visits for any evaluation of external border management and return;
Amendment 122 #
2020/2196(INI)
Motion for a resolution
Paragraph 9 e (new)
Paragraph 9 e (new)
9e. Considers that when serious deficiencies are discovered, they require a much faster follow-up aimed at remedying those serious deficiencies without delay; believes that a definition of “serious deficiency” and an accelerated procedure in case of such deficiencies should be included in the revised mechanism; considers that the current non-binding best practices catalogues should get a formal status under EU law in the form of handbooks to enhance transparency and to allow for the evaluations to be benchmarked against objective criteria;
Amendment 123 #
2020/2196(INI)
Motion for a resolution
Paragraph 9 f (new)
Paragraph 9 f (new)
9f. Considers that the Commission should provide an IT tool for the management of the Schengen evaluation documents; considers that this tool should consist of a publicly available scoreboard on its website which indicates progress of evaluation processes per Member State and subject area, which allows to identify the documents produced and which should provide for a secured and encrypted access to the classified information for the actors with access rights;
Amendment 171 #
2020/2196(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the Schengen Borders Code, in particular as regards rules on internal border controls, is no longer fit for purpose and requires an urgent and meaningful reform in order to strengthen mutual trust and solidarity, and to safeguard the integrity and full restoration of the Schengen area; stresses that the reintroduction of internal border controls should only ever be a measure of last resort, for a limited period of time, and to the extent that the controls are necessary and proportionate to the identified serious threat, while maintaining a distinction between different legal bases and considering effects it might have on the border regions inside the Union; considers that on each occasion that border controls are prolonged by a Member State, additional safeguards should apply and that, in all circumstances, such measures should be withdrawn as soon as the underlying grounds for them cease to exist;
Amendment 104 #
2020/2111(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Deplores the fact that some governments in the EU neighbourhood and beyond are using the crisis as an opportunity to pursue their own political agendas by limiting human rights, undermining democratic standards, weakening rule of law, diminishing the role of parliaments, limiting freedom of media, launching disinformation campaigns that target pro-EU reforms and values and harming international cooperation;
Amendment 112 #
2020/2111(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to review the 2016 Global Strategy, reflecting these geopolitical shifts and, to ensuringe that the EU plays its part in defending the rules-based multilateral world order that was created after the Second World War, and to include democracy support and protection of human rights as a Team Europe priority, involving the European Parliament in this task through its existing democracy support tools and mechanisms;
Amendment 372 #
2020/2111(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recalls that third countries’ response to the COVID-19 crisis must not violate human rights or international law, be limited to strictly necessary, proportionate measures, and that they be subject to regular scrutiny and time bound;
Amendment 50 #
2020/2072(INL)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
- having regard to the European Economic and Social Committee Opinion of 19 June 2019 on "Further strengthening the Rule of Law within the Union. State of play and possible next steps" which proposed to create an annual Stakeholders' Forum on fundamental rights and the rule of law;
Amendment 51 #
2020/2072(INL)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
- having regard to the conclusions of the Council of the European Union and the Member States meeting within the Council on ensuring respect for the rule of law of 16 December 2014;
Amendment 52 #
2020/2072(INL)
Motion for a resolution
Citation 34 c (new)
Citation 34 c (new)
- having regard to the United Nations Declaration on Human Rights Defenders of 8 March 1999;
Amendment 54 #
2020/2072(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU); whereas those values are values which are common to the Member States and to which all Member States have freely subscribed; whereas democracy, the rule of law and fundamental rights are mutually reinforcing principles;
Amendment 77 #
2020/2072(INL)
Motion for a resolution
Recital C
Recital C
C. whereas breaches of the values referred to in Article 2 TEU do not concern solely the individual Member State where the breaches materialise, but also have an impact on other Member States, weaken the cohesion of the European project, the fundamental rights of all Union citizens and mutual trust among the Member States;
Amendment 88 #
2020/2072(INL)
Motion for a resolution
Recital E
Recital E
E. whereas a regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States, once adopted, would become an indispensable tool in safeguarding the rule of law within the Union, if the voting procedure is designed in such a way that this instrument can be used effectively and cannot be blocked by a minority in the Council;
Amendment 97 #
2020/2072(INL)
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities as well as national associations which are responsible for the support of the judiciaries in the independent delivery of justice;
Amendment 105 #
2020/2072(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society at all levels;
Amendment 126 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the protection of fundamental rights of all its citizens, the functioning of its single market, the effectiveness of its common policies and its international credibility;
Amendment 127 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the functioning of its single market, the effectiveness of its common policies, the protection of its citizen’s fundamental rights and its international credibility;
Amendment 138 #
2020/2072(INL)
3. recognises that the Union remains structurally ill-equipped to tackle democratic and, rule of law and fundamental rights violations and backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that field;
Amendment 153 #
2020/2072(INL)
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of all Union values becomes a permanent and visible part of the Union agenda;
Amendment 171 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures, including financial measures;
Amendment 182 #
2020/2072(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. points out that the Mechanism should consolidate and supersede existing instruments, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), while increasing complementarity and coherence with other available tools, including infringement procedures under Article 258 TFEU, the procedure under Article 7 TEU, budgetary conditionality once in force, and the European Semester; is of the opinion that the Annual Monitoring Cycle can fulfil the objectives of the CVM for Bulgaria and Romania, thus contributing to equal treatment of all Member States; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU and Regulation (EU) 2020/xxxx of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States11 ; _________________ 11[instead of xxxx insert final number of 2018/136(COD) in the text and correct OJ reference in footnote] OJ C ..., ....., p. ....
Amendment 188 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, national human rights institutions, human rights defenders, associations which are responsible for the support of the judiciary in the independent delivery of justice and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating and contributing to monitor implementation; points out that the accreditation status of national human rights institutions and theexistence, and, where they do exist, the formal and functional independence of national human rights institutions, as also reflected in their accreditation status, and the enabling space for civil society may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle;
Amendment 201 #
2020/2072(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiterates the call for Parliament to be present in Article 7 hearings when it is Parliament that initiated the procedurein accordance with the principle of mutual sincere cooperation as enshrined in Article 13(2) TEU; believes that the Mechanism, underpinned by an interinstitutional agreement, will provide the necessary framework for better coordination;
Amendment 214 #
2020/2072(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. strongly believes that addressing the crisibreaches of Union values, including through the proposed Mechanism, is a precondition for re-establishing mutual trust among Member States, thus enabling the Union as a whole to sustain and further all common policies;
Amendment 217 #
2020/2072(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. believes that it should be possible for candidate countries to be monitored by the Mechanism on a voluntary basis;
Amendment 230 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 5
Annex I – paragraph 4 – point 5
(5) The three institutions agree that an Annual Monitoring Cycle on Union Values is necessary to reinforce the promotion and respect for Union values. The Annual Monitoring Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States. The primary objective of the Annual Monitoring Cycle should be to prevent violations of and non- compliance with Union values and to identify positive actions by Member States and national actors including civil society and national human rights institutions to be promoted and supported by the Union, while providing a shared basis for other actions by the three institutions. The three institutions also agree to use this Interinstitutional Agreement to integrate existing instruments and initiatives relating to the promotion of and respect for Union values, in particular the Annual Rule of Law Report, the Council’s Annual Rule of Law Dialogue and the Commission’s Rule of Law Framework, in order to avoid duplication and strengthen overall effectiveness.
Amendment 234 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 6
Annex I – paragraph 4 – point 6
(6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on compliance with all Union values including country-specific recommendations, and a follow-up stage with an implementation and enforcement plan of the recommendations. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness.
Amendment 247 #
2020/2072(INL)
Motion for a resolution
Annex I – part 1 – point 1
Annex I – part 1 – point 1
1. The three institutions hereby agree to coordinate and cooperate with the aim of promoting and strengthening respect forpromote, strengthen and enforce respect for the founding Union values, in accordance with Article 2 TEU, by coordination and cooperation.
Amendment 250 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 2
Annex I – part 2 – point 2
2. The three institutions agree to organise in sincere and mutual cooperation an Annual Monitoring Cycle on Union Values, covering issues and best practices in all areas of Union values. The Monitoring Cycle shall consist of a preparatory stage, the publication of an annual monitoring report on Union values (‘Annual Report’) including country specific reports and recommendations, and a follow- up stage.
Amendment 255 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 – introductory part
Annex I – part 2 – point 3 – introductory part
3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group shall facilitate coordination and cooperation among the three institutions in all stages of the Annual Monitoring Cycle. The Working Group shall invite the European Union Agency for Fundamental Rights to participate in its meetings. The Working Group shall also directly consult independent experts on a regular basis, civil society organisations and human rights defenders on a regular basis. The Working Group shall regularly make the reports on its work publicly available.
Amendment 257 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 a (new)
Annex I – part 2 – point 3 a (new)
3a. The Working Group shall upon nomination of the European Parliament and the Council appoint a Panel of Independent Experts as an additional independent instrument in the context of the identification of breaches and best practices for implementation of the Union values enshrined in Art. 2 TUE. The Panel of Independent Experts shall submit its findings in a timely manner to both the Working Group and the Commission.
Amendment 259 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 4
Annex I – part 2 – point 4
4. On an annual basis, the Commission shall organise a targeted stakeholder consultation to collect information for the Annual Report. The stakeholder consultation shall take place in the first quarter of each year. The consultation shall be transparent and based on a clear and rigorous methodology agreed by the Working Group, following a comprehensive and transparent consultation with stakeholders and independent experts. The methodology shall, in any event, encompass in an appropriate form the benchmarks listed in the Annexes to Commission Decisions 2006/928/EC and 2006/929/EC.
Amendment 264 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 5
Annex I – part 2 – point 5
5. The stakeholder consultation shall give an opportunity to civil society organisations, professional associations and networks, Council of Europe bodies, Union institutions, bodies, offices and agencies and the Member States, including national parliaments and local authorities, civil society organisations, professional associations and networks, Council of Europe bodies and United Nations bodies to contribute to the Annual Report. The Commission shall incorporate the information provided by stakeholders in the Annual Report. The Commission shall publish relevant contributions to the consultation on its website prior to the publication of the Annual Report, subject to the contributors' consent.
Amendment 274 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 7
Annex I – part 2 – point 7
7. Designated representatives of any of the three institutions shall have the possibility to conduct a limited number of fact-finding visits to the Member States for the purpose of obtaining additional information and clarification about the state of Union values in the Member States concerned. The Commission shall incorporate the findings in the Annual Report.
Amendment 277 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 8 – introductory part
Annex I – part 2 – point 8 – introductory part
8. The Commission shall regularly inform the Working Group of the progress made throughout the preparatory stage.
Amendment 280 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 9
Annex I – part 2 – point 9
9. The Commission shall draft the Annual Report based on information gathered during the preparatory stage. The Commission shall issue a reasoned opinion if it decides not to fully incorporate the findings by the Panel of Experts into the Annual Report. The Annual Report should cover both positive and negative developments relating to Union values inenshrined in Article 2 TEU in each of the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States. The depth of reporting should reflect the gravity of the situation in question.
Amendment 290 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 10
Annex I – part 2 – point 10
10. The Annual Report shall contain recommendations specific to each of the Member States with the aim of strengthening the promotion and protection of Union values. The recommendations shall specify concrete targets and timeframes for implementation. The recommendations shall take account of the diversity of Member States’ political and legal systems. Implementation of the recommendations shall be assessed in subsequent Annual Reports or urgent reports, as appropriate.
Amendment 293 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 12
Annex I – part 2 – point 12
12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report. The discussions shall be made public. The Parliament and the Council shall adopt positions on the Annual Report by means of resolutions and conclusions. As part of the follow-up, the European Parliament and the Council shall assess and reflect on the extent to which previous recommendations have been implemented by the Member States. The three institutions shall make use of their respective powers under the Treaties with a view to contributing to an effective follow-up. The three institutions shall endeavour to promote debate on the Annual Report in the Member States, in particular in national parliaments.
Amendment 300 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13
Annex I – part 2 – point 13
13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the European Parliament or the Council, enter into a dialogue with one or several Member States, including national parliaments and local authorities, with the aim of facilitating implementation of the recommendations. The Commission shall regularly report on the progress of the dialogue to the European Parliament and the Council. The Commission may, at any time, provide technical assistance to the Member States through different activities. The European Parliament shall organise, in cooperation with national parliaments, an interparliamentary debate on the findings of the Annual Report.
Amendment 302 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13 a (new)
Annex I – part 2 – point 13 a (new)
13a. The three institutions should consider the findings of the Annual Report when establishing funding priorities. In particular, the Commission shall include targeted support for national actors contributing to the promotion and protection of Union values, such as civil society organisations, when establishing relevant annual work programmes for the disbursement of Union funds under both shared or direct management.
Amendment 305 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 14 – introductory part
Annex I – part 2 – point 14 – introductory part
14. Without prejudice to the powers of the Commission under Article 258 TFEU and the right of the European Parliament and the Commission and one third of the Member States to submit to the Council a reasoned proposal in accordance with Article 7(1) TEU, the three institutions agree that the Annual Reports should guide their actions concerning Union values.
Amendment 311 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 15
Annex I – part 2 – point 15
15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the European Parliament or the Council may exceptionallyCommission shall either upon its own initiative or at the request of the Commission toEuropean Parliament or the Council draft an urgent report on the situation. The Commission shall prepare the report in consultation with the Working Group. The Commission shall make the urgent report public no later than two months following a request by the European Parliament or the Council. The findings of the urgent report should be incorporated in the next Annual Report. The urgent report may specify recommendations aimed at addressing the imminent threat to Union values.
Amendment 318 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 17
Annex I – part 3 – point 17
17. Where the Annual Report identifies systemic deficiencies with respect to one or several Union values, the three institutions commit to take appropriate action, without delay, within their respective powers as conferred on them by the Treaties. The three institutions mayshall consider, inter alia, whether Union policies requiring a high level of mutual trust can be sustained in light of systemic deficiencies identified in the Annual Report.
Amendment 320 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 19
Annex I – part 3 – point 19
19. The three institutions agree to use the findings of the Annual Report in their assessment of whether there is a clear risk of a serious breach or existence of a serious and persistent breach by a Member State of Union values under Article 7 TEU. If the Annual Report identifies a risk of a serious breach or a serious breach of Union values in a Member State, the Commission shall activate the instruments at its disposal, including financial measures, to enforce respect for the values enshrined in Article 2 TEU. The European Parliament and Council shall hold a debate about the situation in the Member State and justify in a reasoned opinion, whether or not to activate the instruments at their disposal to enforce respect for the values enshrined in Article 2 TEU.
Amendment 326 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 20 – introductory part
Annex I – part 3 – point 20 – introductory part
20. In order to strengthen the transparency and efficiency of the procedure laid down in Article 7 TEU, the three institutions agree to ensure that theall institution initiating a proposal under Article 7(1) TEU iss are able to participate in the hearings under Article 7(1) TEU where that proposal is presented and isare consulted at all stages during the procedure. The three institutions agree to consult each other regularly in the Working Group regarding existing and potential procedures launched under Article 7 TEU.
Amendment 333 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21
Annex I – part 3 – point 21
21. The three institutions agree to use the findings of the Annual Report in their assessment of whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx. If the Annual Report identifies a risk of a or a serious breach of Union values in a Member State, the Commission shall send a written notification to that Member State, in accordance with Article 5 of Regulation (EU) 2020/xxxx.
Amendment 337 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21 a (new)
Annex I – part 3 – point 21 a (new)
21a. The Parliament and the Council may request the Commission to develop and publish specific guidelines and indicators to address relevant horizontal issues that emerge from the Annual Monitoring Cycle.
Amendment 6 #
2020/2035(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Commission communication of 12 November 2020 entitled ‘LGBTIQ Equality Strategy (2020-2025)’,
Amendment 19 #
2020/2035(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone,1a _________________ 1a Texts adopted, P9_TA(2021)0089
Amendment 59 #
2020/2035(INL)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the Fundamental Rights Agency’s ‘EU LGBTI Survey II: A long way to go for LGBTI equality',1a _________________ 1a https://fra.europa.eu/sites/default/files/fra _uploads/fra-2020-lgbti-equality-1_en.pdf
Amendment 63 #
2020/2035(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the first objective of the Union’s Gender Equality Strategy 2020- 2025 focuses on ending gender-based violence and describes it as ‘one of our societies’ biggest challenges’; whereas the Union’s LGBTIQ Equality Strategy recalls that everyone has a right to safety, be it at home, in public or online;
Amendment 71 #
2020/2035(INL)
Motion for a resolution
Recital B
Recital B
B. whereas violence against women and other forms of gender-based violence are widespread in the Union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in the unequal distribution of power between women and men, in sexism and gender norms and stereotypes, which have led to domination over and discrimination against women by menand girls in all their diversity by men; whereas gender-based violence also occurs due to perceived deviation from gender norms;
Amendment 85 #
2020/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and LGBTI persons and gender-based violence present different but not mutually exclusive forms and manifestations; whereas those different forms of violence are often interlinked with, and inseparable from, offline violence because they can precede, accompany or continue them;
Amendment 103 #
2020/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas cyber harassment, cyber stalking, cyber bullying, trolling, online hate speech, flaming, doxxing, dead- naming and image- based sexual abuse are among the most common types of gender- based cyberviolence; whereas some Member States have adopted specific legislation on some of those particular forms only;
Amendment 108 #
2020/2035(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas hate speech against LGBTI persons is pervasively common, in particular online, and legislation is notably absent from some Member States’ legislative framework to prevent, address and sanction such forms of online abuse; whereas, at present, 15 Member States do not include gender identity in hate speech legislation; whereas the Commission has proposed to extend the list of ‘EU crimes’ under Article 83(1) TFEU to cover hate crime and hate speech, including when targeted at LGBTIQ people;
Amendment 130 #
2020/2035(INL)
Motion for a resolution
Recital F
Recital F
F. whereas women in all their diversity can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discriminationtargeting of LGBTI persons is often on the grounds of their gender identity, gender expression or sex characteristics; whereas intersectional forms of discrimination increase the exposure to violence for women belonging to ethnic minorities, with disabilities, as well as lesbian, bisexual, transgender and intersex women, and can exacerbate the consequences of gender- based cyberviolence;
Amendment 144 #
2020/2035(INL)
Motion for a resolution
Recital G
Recital G
G. whereas some women and LGBTI persons, such as politicians, women in public positions, journalists, bloggers and human rights defenders, are particularly impacted by gender-based cyberviolence, and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political, social and cultural life;
Amendment 186 #
2020/2035(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the Commission’s commitments under the LGBTIQ Equality Strategy 2020-2025 concerning hate speech online, and the proposal to extend the list of ‘EU crimes’ under Article 83(1) TFEU to cover hate crime and hate speech, including when targeted at LGBTIQ people;
Amendment 190 #
2020/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the COVID-19 pandemic has increased the risk of domestic violence and abuse because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; highlights that many LGBTI persons were forced to be confined with family members, legal guardians or co-habitants who harassed, abused or exposed them to violence; calls on Member States to increase the assistance they offer through specialised shelters, helplines and support services to protect victims and facilitate the reporting of gender-based violence;
Amendment 248 #
2020/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that inter alia stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and lack of sense of control, caused by cyberviolence, can have an impact on mental health and may lead to self-harm and suicidal ideation;
Amendment 285 #
2020/2035(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that gender norms and stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls in the ICT and digital fields; stresses the need to tackle the gender gap in the ICT sector through education, awareness-raising campaigns and the promotion of the representation of women in the sector;
Amendment 289 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Recalls that the labelling of LGBTI persons as an ‘ideology’ is spreading in online and offline communication and the same is true with regard to ongoing campaigning against so-called ‘gender ideology’ or in favour of ‘anti-gender movements’; highlights that LGBTI activists are often the targets of defamation campaigns, online hate speech and cyberbullying and abuse due to their advocacy work for LGBTI equality;
Amendment 351 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 3
Annex I – Recommendation 2 – paragraph 3
The scope should cover any form of gender-based violence committed, assisted or aggravated in part or fully by the use of ICT, such as mobile phones and smartphones, the internet, social media platforms or email, against a woman because she is a woman, or affects women disproportionately. The scope should encompass gender-based violence against LGBTIQ persons, who are targeted because of their gender, gender identity, gender expression or sex characteristics.
Amendment 358 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 3
Annex I – Recommendation 2 – paragraph 4 – indent 3
- ICT-related violations of privacy (including the accessing, sharing and manipulation of private data or images, including intimate data without consent, image-based sexual abuse and non- consensual disclosure of sexual images, doxxing, dead-naming, identity theft);
Amendment 363 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 6
Annex I – Recommendation 2 – paragraph 4 – indent 6
- sexist, transphobic or interphobic hate speech (including: posting and sharing violent content, use of sexist or gendered comments and insults, abusing women for expressing their own views and for turning away sexual advances, inciting to hatred against individuals on grounds of their gender identity, expression or sex characteristics);
Amendment 373 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – introductory part
Annex I – Recommendation 3 – paragraph 1 – introductory part
Member States should implement a series of measures in order to prevent gender- based cyberviolence, having an intersectional approach:
Amendment 376 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 1
Annex I – Recommendation 3 – paragraph 1 – indent 1
- awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence, within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender norms and stereotypes, while promoting responsible behaviour on social media and increasing literacy about the safe use of the internet;
Amendment 428 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 4
Annex I – Recommendation 5 – paragraph 1 – indent 4
- aggravating circumstances, depending on the profile of the women and, girls and LGBTI victims (exploiting specific characteristics, vulnerabilities of women and girl, girls and LGBTI persons online);
Amendment 436 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 6 – paragraph 1
Annex I – Recommendation 6 – paragraph 1
The Commission and Member States should collect and publish disaggregated and comparable data on gender-based cyberviolence, in particular on the different forms of gender-based cyberviolence, not only based on law enforcement reports but also on women’sthe experiences of women and LGBTI persons.
Amendment 1 #
2020/2022(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to the Charter of Fundamental Rights of the European Union, in particular Article 6, Article 7, Article 8, Article 11, Article 13, Article 221, Article 22, Article 23, Article 24, Article 25 and Article 246 thereof,
Amendment 4 #
2020/2022(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)3a, _________________ 3a OJ L 95, 15.4.2010, p. 1–24
Amendment 12 #
2020/2022(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the judgement of the Court of Justice of 24 November 2011 in case C-70/105a, _________________ 5aJudgement of the Court of Justice of 24 November 2011, Scarlet Extended SA v Société belge des auteurs, compositeurs et éditeurs SCRL (SABAM)
Amendment 16 #
2020/2022(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas fundamental rights, such as protection of privacy and personal data, the principle of non-discrimination, as well as freedom of expression and information, need to be ingrained at the core of a successful and durable European policy on digital services; whereas these rights need to be seen both in the letter of the law, as well as the spirit of their implementation;
Amendment 17 #
2020/2022(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. recital -Aa whereas the trust of users can only be gained by digital services that respect their fundamental rights, thus ensuring both uptake of services, as well as a competitive advantage and stable business models for companies;
Amendment 20 #
2020/2022(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the privacy rules in the electronic communication sector, as set out in the Directive concerning the processing of personal data and the protection of privacy in the electronic communications sector, are currently under revision;
Amendment 25 #
2020/2022(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the amount of all types of user- generated content, including harmful and illegal content, shared via cloud services or online platforms has increased exponentially;
Amendment 27 #
2020/2022(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the use of personal data for the purposes of individual profiling, and its subsequent repurposing, even when seemingly innocuous data is collected from the digital traces of individuals, can be mined in a way that can generate insights that can enable very intimate personal information to be inferred at a very high level of accuracy, especially when these data are merged with other data sets;
Amendment 28 #
2020/2022(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas social media and other content distribution platforms utilise profiling techniques to target and distribute their content, as well as advertisements; whereas the automated algorithms decide how to handle, prioritise, distribute and delete third-party content on online platforms, including during political and electoral campaigns;
Amendment 29 #
2020/2022(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the proliferation of disinformation, even propaganda online, has been aided by platforms whose very business model is based on profiting from collection and analysis of user data; whereas consequently promoting spreadable, sensationalist content forms part of their business logic, and pushes them to generate more traffic and ‘clicks’, and, in turn, generate more profiling data and thus more profit;
Amendment 30 #
2020/2022(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas the Cambridge Analytica and Facebook scandals revealed how user data had been used to micro-target certain voters with political advertising, and at times, even with targeted disinformation, therefore showing the danger of opaque data processing operations of online platforms;
Amendment 31 #
2020/2022(INI)
Ce. whereas the widespread use of algorithms for content filtering and content removal processes also raises rule of law concerns, questions of legality, legitimacy and proportionality;
Amendment 39 #
2020/2022(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the political approach to tackle harmful and illegal content online in the EU has mainly focused on voluntary cooperation thus faris based on court order mandated takedowns, but a growing number of Member States are adopting further national legislation to address illegal content;
Amendment 45 #
2020/2022(INI)
Motion for a resolution
Recital F
Recital F
F. whereas some forms of harmful content may be legal, yet detrimental to society or democracy, yet be legal, with examples such as opaque political advertising and disinformation on COVID-19 causes and remedies;
Amendment 47 #
2020/2022(INI)
Motion for a resolution
Recital G
Recital G
G. whereas a pure self-regulatory approach of platforms does not provide legitimacy or adequate transparency and proper information to public authorities, civil society and users on how platforms address illegal and harmful contentcontent and content that is deleted against violations of terms and conditions; whereas such an approach does not guarantee compliance with fundamental rights; and creates a risk of excessive interference with the right of freedom of expression and creates a problematic situation where law enforcement responsibilities are handed over to private parties;
Amendment 52 #
2020/2022(INI)
Motion for a resolution
Recital H
Recital H
H. whereas regulatory oversight and supervision of platforms lacks horizontalis sector-specific in the EU; whereas further and more comprehensive coordination between the different oversight bodies across the EU would be beneficial;
Amendment 54 #
2020/2022(INI)
Motion for a resolution
Recital I
Recital I
Amendment 58 #
2020/2022(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the lack of comparable, robust public data on the prevalence and both court mandated and self-regulatory removal of illegal and harmful content online creates a deficit of transparency and accountability;
Amendment 66 #
2020/2022(INI)
Motion for a resolution
Recital K
Recital K
K. whereas child sexual exploitation online is one of the forms of illegal content shaped by technological developments; whereas the vast amount of child sexual abuse material circulating online poses serious challenges for detection, investigation and, most of all, victim identification efforts;
Amendment 68 #
2020/2022(INI)
Motion for a resolution
Recital L
Recital L
L. whereas according to the Court of Justice of the European Union (CJEU), jurisprudence host providers may have recourse to automated search tools and technologies to assess if content is equivalent to content previously declared unlawful, and should thuss long as it does not result in monitoring generally the information which it stores, or in actively seeking facts or circumstances indicating illegal activity, as provided for in Article 15(1) of Directive 2000/31; whereas such content should be removed following an court order from a Member State;
Amendment 71 #
2020/2022(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas a trusted electronic identification is elementary to ensure secure access to digital services and to carry out electronic transactions in a safer way; whereas currently only 15 Member States have notified an electronic identity scheme for cross-border recognition in the framework of the Regulation (EU) 910/2014;
Amendment 81 #
2020/2022(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that illegal content online should be tackled with the same rigour as illegal content offlineis the same as illegal content offline; takes therefore the position that any legally mandated content moderation measure in the Digital Services Act should concern only illegal content, as it is defined in European or national law, and the legislative text should not include any legally vague and undefined terms, such as “harmful content”, as targeting such content would put fundamental rights and freedom of speech at serious risk and put the service providers in a legally unclear position;
Amendment 85 #
2020/2022(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Paragraph -1. Underlines that the modernisation of current e-Commerce rules can inevitably affect fundamental rights, including the protection of privacy and personal data, the freedom of expression and information, equality and non-discrimination, freedom of thought, conscience and religion, freedom of assembly and association, freedom of the arts and sciences, and the right to an effective remedy; therefore urges the Commission to be extremely vigilant in its approach and also integrate international human rights standards into its revision;
Amendment 87 #
2020/2022(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Paragraph -1a. Notes how the current digital ecosystem encourages also problematic behaviour, such as hate speech and disinformation; is concerned how promoting controversial content has become the key to the targeted advertisement-based business models, where sensational and polarising content maximises the screen time of users, generating more profiling data, more advertising hours, and therefore more profits; underlines how this type of a business model can have very intrusive and negative effects, not only on individuals and their fundamental rights, but societies as a whole;
Amendment 95 #
2020/2022(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes in the clear economic benefits of a functioning digital single market for the EU and its Member States; stresses the important obligation to ensure a fair digital ecosystem in which fundamental rights and, especially data protection are respected; calls for a minimum level of intervention based on the principles of necessity and proportionality, privacy and non- discrimination are at its core;
Amendment 104 #
2020/2022(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deems it necessary that illegal content is removed swiftly and consistently in order to address crimes and fundamental rights violation, through a clear and harmonised notice-and-action procedure with the necessary safeguards in place, such as transparency of the process, the right to appeal and access to effective judicial redress; considers that voluntary codes of conduct only partially address the issue;
Amendment 114 #
2020/2022(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that illegal content online should not only bebe just removed by online platforms, but should be followed up by law enforcement and, where needed, the judiciary; finds, in this regard, that a key issue in some Member States is not that they just have unresolved cases but rather unopened ones; calls for barriers to filing complaints with competent authorities to be removed; is convinced that, given the borderless nature of the internet and the fast dissemination of illegal content online, cooperation between service providers and national competent authorities should be improvedalso unopened ones;
Amendment 117 #
2020/2022(INI)
Motion for a resolution
Paragraph 4 – subparagraph 1 (new)
Paragraph 4 – subparagraph 1 (new)
Is convinced that, given the borderless nature of the internet and the fast dissemination of illegal content online, cooperation between service providers and national competent authorities should be improved;
Amendment 122 #
2020/2022(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges the fact that, while the illegal nature of certain types of content can be easily established, the decision is more difficult for other types of content as it requires contextualisation; warns that some automated tools are not sophisticated enough to take contextualisation into account, which could lead to unnecessary restrictions being placed on the freedom of expressionreminds in this regard of the incapacity of current automated tools in grasping the importance of context for specific pieces of content, underlines that algorithms are not currently capable of critical analysis, and takes therefore the view that the Digital Services Act should not contain any obligation for compulsory use of automated tools in content moderation; believes that any voluntary automated measures put in place by the content hosting platforms should be subject to extensive human oversight and to full transparency of design and performance;
Amendment 134 #
2020/2022(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Strongly believes that the current EU legal framework governing digital services should be updated with a view to addressing the challenges posed by new technologies such as the prevalence of all- encompassing profiling and algorithmic decision-making that permeates all areas of life, and ensuring legal clarity and respect for fundamental rights; considers that the reform should build on the solid foundation of and full compliance with existing EU law, especially the General Data Protection Regulation and the Directive on privacy and electronic communications;
Amendment 139 #
2020/2022(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights that the practical capacity of individuals to understand and navigate the complexity of the data ecosystems in which they are embedded is extremely limited, as is their ability to identify whether the information they receive and services they use are made available to them on the same terms as to other users; Calls on the Commission therefore to place transparency and non- discrimination at the heart of the Digital Services Act;
Amendment 143 #
2020/2022(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deems it indispensable to have the widest-possiblefull harmonisation of rules on liability exemptions and content moderation at EU level to guarantee the respect of fundamental rights and the freedoms of users across the EU; expresses its concern that recent national laws to tackle hate speech and disinformation lead to a fragmentation of rules;
Amendment 148 #
2020/2022(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls, to this end, for legislative proposals that keepthat the digital single market is kept open and competitive by requiring digital service providers to apply effective, coherent, transparent and fair procedures andwith robust procedural safeguards to remove illegal content in line with European values; firmly believes that this should be harmonised within the digital single marketvia a harmonised notice-and-action procedure in line with European legislation;
Amendment 155 #
2020/2022(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes, in this regard, that online platforms that are actively hosting or moderating content should bear more, yet proportionate, responsibility for the infrastructure they provide and the content on it; emphasises that this should be achieved without resorting toit is crucial for online platforms to have clarity provided for by setting clear rules, requirements and safeguards for a harmonised notice-and-action procedure; emphasises that any measure put in place for the removal of illegal content cannot constitute or imply a general monitoring requirements;
Amendment 158 #
2020/2022(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proactive measures that are proportionate to their scale of reach and operational capacities in order to address the appearance of illegal content on their services; supports a balanced duty-of-care approach andSupports a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights, including the freedom of expression;
Amendment 167 #
2020/2022(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need for appropriate safeguards and due process obligations, including human oversight and verification, in addition to counter notice procedures, to ensure that removal or blocking decisions are accuratelegal, well- founded and respect fundamental rights; recalls that the possibility of judicial rwhile counter-notice proceduress should be mad, complaint mechanisms and out-of-court dispute settlements can be availuable to satisfy the right to effectiveols in protecting fundamental rights of the users of digital services, they cannot preclude access to effective judicial redress and remedy;
Amendment 178 #
2020/2022(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Supports limited liability for contentexemption for all types of intermediaries and the country of origin principle, butand considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; stresses that sanctions should apply only to those service providers that fail to comply with legitimate orders;
Amendment 192 #
2020/2022(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that the terms of services of digital service providers should be clear, transparent and fair; deplores the fact that some terms of servrecalls that any take- down-notices from content platforms do not allow law enforcement to use non-personal accounts, which poses a threat both to possible investigations and to personal safetyan authority has to always be based on law, not on the terms of service of the service providers;
Amendment 195 #
2020/2022(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that certain types of legal, yet harmful, content should also be addressed to ensure a fair digital ecosystem; expects guidelines to include increased transparency rules on content moderation or political advertising policy to ensure that removals and the blocking of harmful content are limited to the absolute necessarye need to regulate content curation and tracking-based targeted advertisement through giving more choice and control to users; emphasises that users should be able to choose to opt out completely of any content curation, decide whether to opt in to tracking, and have more options on the way content is ranked to them, including a ranking outside their ordinary content consumption habits; strongly believes that the design and performance of such recommendation systems should be subject to full transparency, presented in a user-friendly manner;
Amendment 205 #
2020/2022(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Highlights how the personalisation of informational environments that data- driven profiling makes possible brings with it new capacities to manipulate individuals in subtle, yet highly effective ways; underlines that when the profiling is deployed at scale for political micro targeting to manipulate voting behaviour, it can seriously undermine the foundations of democracy; therefore expects the Commission to provide guidelines on the use of such persuasive digital technologies in electoral campaigns and political advertising policy;
Amendment 208 #
2020/2022(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Is concerned of platforms and services that deliberately lock in their users onto that specific platform, thus amplifying their dominant market power and their ability to profile their users even more thoroughly, creating extremely invasive and revealing profiles of their users; calls therefore on the Commission to guarantee the interoperability of digital services; considers in this regard the application programming interfaces (APIs), enabling a user to interconnect between platforms and to import content moderation rules on the content they view on a platform, to be useful tools in bringing true interoperability to users and thus increasing their options to choose between different kinds of recommendation systems and services;
Amendment 210 #
2020/2022(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Notes that policies for monetisation of content affect what kind of content is seen by users and therefore finally also what kind of content will be uploaded by users; calls therefore for online content hosting platforms to be required to have transparent, non- discriminatory content demonetisation policies in order to guarantee fully the right to freedom of expression online;
Amendment 211 #
2020/2022(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Deems that accountability- andUnderlines the wedge between the speed and capacity of machines relative to the capacity of humans to monitor these machines; therefore deems that accountability always lies with the human overseers - and calls for evidence-based policy making, requiresing robust data on the prevalence and removal of illegal content online, in order to ensure a transparent system that can be trusted by all;
Amendment 220 #
2020/2022(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls, in this regard, for a regular public reporting for large commercial obnligation for platforms, proportionate to their scale of reach and operational capacitiesne platforms to make their procedures and decisions to remove content publicly available;
Amendment 224 #
2020/2022(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls, moreover, for a regular public reporting obligation for national authorities on their requests for deletion of illegal content from digital platforms;
Amendment 226 #
2020/2022(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Expresses its concern regarding the fragmentation of public oversight and supervision of platforms and the frequentdocumented lack of financial and human resources for the supervision and oversight bodies needed to properly fulfil their tasks; calls for increased cooperation with regard to regulatory oversight of digital services;
Amendment 228 #
2020/2022(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Considers that in order to guarantee proper enforcement of the Digital Services Act, the oversight of compliance with this Act should be entrusted in an independent authority, while any decisions relating to content should always remain with the judiciary; emphasises in this regard that sanctioning for non-compliance with the Digital Services Act should be based on an assessment of a clearly defined set of factors, such as proportionality, technical and organisational measures and negligence, and the resulting sanctions should be based on a percentage of the annual global turnover of a company;
Amendment 230 #
2020/2022(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 236 #
2020/2022(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 243 #
2020/2022(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 257 #
2020/2022(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Emphasises the indispensability of agreed standards of essential security in cyberspace in order for digital services to provide their full benefits to citizens; notes therefore the urgent need for Member States to take coordinated action to ensure basic cyber hygiene and to prevent avoidable dangers in cyberspace, including through legislative measures;
Amendment 261 #
2020/2022(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Stresses that the only way for digital services to achieve their full potential is to enable users to be identified unambiguously in an equivalent manner to offline services; notes that online identification can be improved by enforcing eIDAS Regulation’s cross- border interoperability of electronic identifications across the European Union; reminds that Member States and European institutions have to guarantee that the electronic identifications are secure, enable data minimisation and comply with all other aspects of GDPR;
Amendment 13 #
2020/2009(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the Joint Communication of 10 June 2020 entitled 'Tackling COVID-19 disinformation - Getting the facts right' (JOIN(2020) 8),
Amendment 51 #
2020/2009(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas according to the 2020 World Press Freedom Index, the situation concerning the independence of the press differs significantly between Member States, with some Member States ranking among the top 5 best performers, while the worst entry ranking as low as 111th out of 180;
Amendment 103 #
2020/2009(INI)
Motion for a resolution
Recital J
Recital J
J. whereas disinformation related to COVID-19 may have dangerous consequences on public health, cause panic and social unrest and needs to be addressed; whereas measures to combat disinformation cannot be used as a pretext for introducing disproportionate restrictions on press freedom;
Amendment 115 #
2020/2009(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is deeply shattered by the murders of Daphne Caruana Galizia in Malta and Ján Kuciak and his fiancée Martina Kušnírová in Slovakia due to their investigative work, and reiterates the importance of an; recalls the essential role that investigative journalism holds in fighting organised crime by collecting and connecting relevant information, exposing criminal networks and illicit activities; highlights the fact that these activities expose them to an increased personal risk level; calls on national law enforcement authorities to fully cooperate with Europol and other relevant international organisations in order to conduct independent investigation to brs, identifying and bringing to justice the perpetrators of and masterminds behind these crimes;
Amendment 124 #
2020/2009(INI)
3. Strongly reiterates its call on the Commission to treat attempts by Member State governments to damage media freedom and pluralism as constituting a serious and systematic abuse of powers and as going against the fundamental values of the EU as enshrined in Article 2 TEU; welcomes, therefore, the Commission’s intention to include a specific chapter on monitoring media freedom and pluralism in its Annual Report on the Situation of the Rule of Law within the EU; encourages the Commission to actively cooperate with the Council of Europe, exchanging best practices and making sure that measures undertaken are complementary; urges the Commission to take into account the impact of the emergency measures taken in 2020 in the context of COVID-19 on press freedom, media pluralism and safety of journalists; in this context, recalls Parliament’s repeated call for a permanent, independent and comprehensive mechanism covering democracy, the rule of law and fundamental rights in the EU;
Amendment 136 #
2020/2009(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; condemns attempts by Member State governments to silence critical media and undermine media freedom and pluralism, in particular attempts to control public service media; deplores the fact that in some Member States public broadcasting has become an example of single political party propaganda, which often excludes opposition and minority groups from society and even incites violence; stresses that safeguarding independent authorities and ensuring strong independent oversight of audiovisual media against undue state and commercial intervention is crucial; highlights that the frameworks for financing public service media should ensure the editorial independence and the sustainability of these outlets; calls on Member States to use financing models where public service media is financed from sources independent of political decision-making such as monthly or annual dedicated taxes;
Amendment 156 #
2020/2009(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates its concern that few specific legal or policy frameworks protecting journalists and media workers from violence, threats and intimidation can be identified at national level within the EU; calls on the Member States and the Commission to ensure the effective protection and safety of journalists and other media actors as well as of their sources, including in a cross-border context; strongly reiterates its call on the Commission to present proposals to prevent so-called ‘Strategic Lawsuits Against Public Participation’ (SLAPP); highlights that there are significant differences with respect to the freedom of the press and protection of journalists situations between Member States; calls on the Commission to come forward with a comprehensive Directive proposal aiming to establish minimum standards against SLAPP practices, across the EU;
Amendment 187 #
2020/2009(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is concerned about attempts to take advantage of the COVID-19 pandemic to punish independent and critical media and introduce restrictions on the media’s access to and scrutiny of government decisions and actions, hampering proper and informed debate on those actions; stresses the role of journalism and the free flow of information as essential to the EU’s efforts to contain the COVID-19 pandemic; points out that journalism plays a crucial function at a moment of public health emergency; calls on the Commission to comprehensively monitor such practices by national governments and to include the results in its upcoming Annual Report on the Rule of Law;
Amendment 190 #
2020/2009(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to urgently introduce EU and national emergency recovery packages to protect the jobs and livelihoods of media workers, support companies and fund public service media through the COVID- 19 crisis; highlights that during the COVID-19 crisis certain media outlets and local media platforms in particular, have lost as much as 80% of their revenues due to the decrease in advertising; stresses that in the face of the pandemic European citizens need professional, economically secure and independent journalists; reiterates in this context its call for the creation of a permanent European fund for journalists in the framework of the next MFF (2021- 2027), as redrafted following the COVID- 19 crisis, offering direct financial support for projects submitted by independent journalists and media outlets, freelancers and self-employed media workers; and comprising dedicated funding lines for investigative journalism, news media, media literacy programmes and local media outlets; underlines that funding should be managed by independent organisations in order to avoid any interference with editorial decision- making;
Amendment 197 #
2020/2009(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes with concern that the envisaged budgetary envelope for the Creative Europe programme under the revised MFF/ recovery proposals of 27 May 2020 brings a 100 million Euros decrease in allocations, compared to the initial Commission proposal of 2018, and now amounts to 1.3 billion Euros less than the allocations initially proposed by the European Parliament; furthermore, notes with regret that funding available under the Justice, Rights and Values programme has also been decreased by 100 million Euros within the revised Commission budget proposal and now stands at 1.2 billion Euros less than the figures proposed by the European Parliament; urges the Commission to revise these figures and present new proposals, in line with the position adopted by the European Parliament;
Amendment 232 #
2020/2009(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the new digital environment has exacerbated the problem of the spread of disinformation and has resulted in online platforms playing an influential role in publishing, disseminating and promoting news and other media content; reiterates its concern about the potential threat disinformation poses to freedom of expression and the independence of the media; highlights that measures combatting disinformation should focus on fostering a plurality of opinions, through the promotion of high- quality journalism, delivering reliable, fact-based, verified information, as well as on building media literacy, and that any such measures must provide guarantees for the freedom of information and the freedom of expression;
Amendment 238 #
2020/2009(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights that upholding the editorial independence within central and local media outlets, and developing media literacy projects, are essential elements for building resilience, raising awareness and strengthening education in efficiently combatting propaganda, disinformation and manipulations; calls on the Commission to actively engage in the promotion of reliable, fact-based and fact- checked information, enhancing media distribution channels in order to improve access to such information, empowering Union citizens to better identify and deal with disinformation; calls on Member States to fully implement the provisions of the revised Audio-visual Media Service Directive requiring them to promote and develop media literacy skills;
Amendment 260 #
2020/2009(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that different forms of misinformation and disinformation, as well as other forms of information manipulation relating to the COVID-19 pandemic, continue to proliferate around the world and have potentially harmful consequences for public security, health and effective crisis management; welcomes the Joint Communication on Tackling COVID-19 disinformation, of 10 June 2020; recalls that all measures to combat disinformation, including those taken in the context of the COVID-19 emergency, need to be necessary, proportionate and subject to regular oversight, and may under no circumstances prevent journalists and media actors from carrying out their work or lead to content being unduly blocked on the internet;
Amendment 268 #
2020/2009(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Commission’s initiative to present a European Democracy Action Plan that aims to counter disinformation and to adapt to evolving threats and manipulations, as well as to support free and independent media; emphasises in this respect that protecting free and independent media while combating hate speech and disinformation is a fundamental factor in terms of the defence of the rule of law and democracy in the EU; notes with concern that according to a GDI research, websites spreading disinformation in the EU receive more than 70 million Euros in ad revenues every year; calls on the Commission to further engage with the digital platforms and step up the efforts towards ending such practices, as well as towards combatting the strategic, automated amplification of disinformation through the use of bots or fake profiles online, and towards increasing transparency in respect to the financing and the distribution of online advertising;
Amendment 3 #
2020/1998(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that the new nomenclature for the external action part as proposed by the Commission is much less detailed than the previous one, reducing transparency, predictability, accountability, scrutiny, and limiting the budgetary authority’s capacity to make budgetary choices reflecting political priorities; insists, therefore, that a more differentiated budget structure, with dedicated lines for the most important beneficiaries and sub- regions, is needed; notes that the Committee on Foreign Affairs and the Committee on Development have proposed a revised nomenclature that is adapted to the new instruments, but introduces a higher level of detail by creating new budget lines within the extremely broad geographic and thematic lines proposed by the Commission; emphasises that the revised nomenclature enjoys strong support in both committees;
Amendment 10 #
2020/1998(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Rejects the deep cuts to heading 6 in the European Council agreement on the MFF of 21 July 2020, which would leave the NDICI at a lower level than its predecessor instruments during the current financial programming period, at a time when EU leadership is needed more desperately than ever; regrets the European Council's decision to discard the external pillar of Next Generation EU, namely the top-up of EUR 10,5 billion for the NDICI proposed by the Commission; calls for significant reinforcements for the NDICI as one of the EU's flagship programmes;
Amendment 17 #
2020/1998(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for increased funding levels for all geographic and thematic programmes under the NDICI, in line with its first-reading position on the latter; reiterates its position that the thematic programmes within the NDICI, including on human rights and democracy and on EU elections observation missions, should be reinforced in order to allow the Union to maintain its strong role in these priority areas; underlines that its position on the allocations for the NDICI is fully aligned with the amounts laid down in Parliament's first-reading position on the NDICI;
Amendment 19 #
2020/1998(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Rejects the introduction of an “emerging challenges and priorities cushion” budget line, with no substantial information on the intended use of the funds under this line provided by the Commission; insists that such a blank cheque is not compatible with the principles of transparency and democratic accountability and undermines the budgetary authority's prerogatives;
Amendment 30 #
2020/1998(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Believes that it is important to continue confidence building with the Eastern Partnership countries and especially with the associated ones; underlines the importance of promoting fundamental rights, democracy and the rule of law; therefore calls for the allocations to Azerbaijan and Belarus to be limited to support to civil society and non-state actors, as well as people-to- people contacts;
Amendment 36 #
2020/1998(BUD)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls the challenges the countries of South Neighbourhood are facing especially due to the tumultuous developments in the region, including but not limited to the COVID-19 emergency and the security environment; is of the opinion that, especially following the dramatic events in Lebanon, an increased support should be foreseen;
Amendment 38 #
2020/1998(BUD)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. In order to support a peaceful resolution to the Libyan conflict proposes the creation of a dedicated budget line for "the support to the political process in Libya";
Amendment 39 #
2020/1998(BUD)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Calls for an increased financial support for the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), in recognition of the essential role played by UNRWA as unique provider of vital services for millions of Palestine refugees and as an investment towards security, stability and development in the region;
Amendment 45 #
2020/1998(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that the revised nomenclature proposed by the Committee on Foreign Affairs envisages separate budget lines for the Western Balkans and Turkey; insists on the need for dedicated budget lines for Turkey in view of the highly sensitive nature of EU funding for Turkey; underlines that due to the lack of progress on democracy, the rule of law and the protection of human rights, the allocations for Turkey should be limited to the so called fundamentals, be directly managed by the EU and focus exclusively on support for civil society and people-to- people contacts with the objective of protecting and promoting democratic values and principles, human rights and the rule of law;
Amendment 57 #
2020/1998(BUD)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Following the recent worrying developments in Belarus, calls for an increase in the allocations for the Special Representatives and for the creation of a new Special Representative for Belarus, to support the process for a peaceful transition of power in accordance with the will of the Belarusian people.;
Amendment 61 #
2020/1998(BUD)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls for the increase of budget lines on Foreign Policy Needs and Priorities, Crisis Response and Civilian CSDP emergency measures in order to deal with the dramatic effects of the COVID-19 pandemic;
Amendment 62 #
2020/1998(BUD)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Recalls that the respect of human rights worldwide continues to be a core business for EU external action and enough financing should be available to face the multiple human rights crises throughout the world; reiterates its strong support to human rights defenders, including environmental defenders, in particular those most at risk, and calls for adequate funds to support the project Protect Defenders EU in order to extend and reinforce its protection;
Amendment 7 #
2019/2210(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the conclusions of the 2003rd Council meeting on the application of conditionality with a view to developing a coherent EU-strategy for the relations with the countries in the region of 29/30 April 1997,
Amendment 12 #
2019/2210(INI)
Motion for a resolution
Citation 12
Citation 12
– having regard to the Berlin Process, launched on 28 August 2014, in particular the declaration of the Western Balkans Foreign Ministers on regional cooperation and bilateral disputes of 27 August 2015, and the establishment of the Regional Youth Cooperation Office (RYCO),
Amendment 14 #
2019/2210(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to the European Parliament resolution of 9 July 2015 on the Srebrenica Commemoration1a, __________________ 1a Text adopted, P8_TA(2015)0276.
Amendment 28 #
2019/2210(INI)
Motion for a resolution
Recital A
Recital A
A. whereas enlargement has been one of the EU’s most successful policies and the most effective foreign policy instrument contributing to extending the area of democracy, peace and prosperity across Europereach of the Union’s core values of respect for human dignity, freedom, peace, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities;
Amendment 78 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) to enhance the accession process by ensuring that it strengthens fundamental values and brings sustainable democratic, economic and economiclogical transformation and social convergence, and by making sure that the internal reform of the EU and its enlargement run in parallel;
Amendment 127 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point h a (new)
Paragraph 1 – point h a (new)
(ha) to encourage the National Parliaments to use the European Parliament’s democracy support tools such as Jean Monnet Dialogue and Inter- Party Dialogue in order to facilitate political work on parliamentary dialogue and to enhance accountability, oversight, democratic scrutiny and quality of legislative work;
Amendment 155 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point k a (new)
Paragraph 1 – point k a (new)
(ka) to defend the interest of the Union by mitigating the negative effect of free- trade agreements with the Eurasian Economic Union signed by countries which have applied for membership in the European Union and who have been granted the opportunity of a Stabilisation and Association Agreement with the European Union, including by reviewing the level of assistance provided to such countries;
Amendment 171 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point m
Paragraph 1 – point m
(m) to recognise the negative effects of the European Council’s failure to open accession negotiations with Albania and North Macedonia in June 2018, June 2019 and October 2019 and to acknowledge that opening accession talks would restore credibility to the accession process, as recommended by the European Parliament and the Commission;
Amendment 190 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point o
Paragraph 1 – point o
(o) to grant visa liberalisation to Kosovo, as the benchmarks have been fulfilledconfirmed fulfilled by the Commission since July 2018;
Amendment 194 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point o a (new)
Paragraph 1 – point o a (new)
(oa) to call upon the Council to adopt without delay the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (Kosovo*) of 4 May 2016 (2016/0139 (COD));
Amendment 202 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point p
Paragraph 1 – point p
(p) to bring the primacy of democracy and the rule of law, human and fundamental rights back to the very centre of the enlargement process by opening first and closing last the chapters related to the judiciary, corruption and organised crime, as well as those related to respect for human rights and media freedom;
Amendment 206 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point q
Paragraph 1 – point q
(q) to enhance the ownership of Member States of the enlargement process by increaseing the involvement of rule of law experts from the Member States on the ground and to improve the measuring of progress in this area, while continuing to adhere to current, long-standing objective standards and not overly politicising this technical stage of the enlargement process;
Amendment 212 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point q a (new)
Paragraph 1 – point q a (new)
(qa) to increase the consultation of rule of law experts from the Member States, civil society and human rights defenders on the ground and to improve the measuring of developments in this area, in particularly drawing upon the monitoring reports and recommendations of the Council of Europe and other standard setting bodies, while strengthening the role of the Commission in line with the letter and spirit of the Treaties;
Amendment 214 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point q b (new)
Paragraph 1 – point q b (new)
(qb) to similarly involve standing rapporteurs for the Western Balkans countries of the European Parliament in the process and on the ground;
Amendment 248 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point w
Paragraph 1 – point w
(w) to insist on the full implementation of court rulings, including all rulings of the European Court of Human Rights and constitutional courts; and the recommendations of the Council of Europe monitoring bodies, including the European Commission against Racism and Intolerance (ECRI);
Amendment 251 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point x
Paragraph 1 – point x
(x) to increase EU engagement in solving outstanding bilateral issues and to urge the Western Balkan countries to commit to reconciliation and peaceful solutions to longstanding disputes on the basis of international law, human rights standards, including the Framework Convention of National Minorities, the European Charter of Regional and Minority Languages and the European Charter of Local Self-Government;
Amendment 265 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point x a (new)
Paragraph 1 – point x a (new)
(xa) to strengthen the accession process in view of deepening the solidarity between the peoples of the Western Balkans countries and the Member States while respecting their history, their culture and their traditions;
Amendment 267 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point y
Paragraph 1 – point y
(y) to recall and urge the Western Balkan countries to increase their effortcomply with their international obligations in the prosecution of war crimes and the resolution of missing persons cases; determination of the fate of missing persons; including full cooperation with the United Nations Residual Mechanisms for Criminal Tribunals, the Kosovo* Specialist Chambers and Specialist Prosecutor and the explicit upholding of the work and the findings of the International Criminal Tribunal for the former Yugoslavia, including the promotion and dissemination of the work and legacy of the ICTY to their citizens and within their judicial system and training;
Amendment 277 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point a a
Paragraph 1 – point a a
(aa) to call for a stronger legal framework to prevent and actively to fight femicide and violence against women, including by recalling the obligations of the Council of Europe Convention on preventing and combating violence against women and domestic violence to the Western Balkans states and by undertaking the necessary steps for the EU’s ratification of said Convention;
Amendment 299 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point ad a (new)
Paragraph 1 – point ad a (new)
(ada) to support the regional dialogue platform “Bridging the Gap” established by the European Parliament’s Young Political Leaders Programme in the efforts to eliminate the gap between youth policy, youth participation and Parliamentarians in the Western Balkans and to encourage concrete actions to enhance youth participation in politics and the implementation of youth-centred policies throughout the Western Balkans;
Amendment 317 #
2019/2210(INI)
Motion for a resolution
Paragraph 1 – point ag a (new)
Paragraph 1 – point ag a (new)
(aga) to support the necessary energy transition in the Western Balkan countries, with regard to energy production from coal and lignite for domestic electricity and heat as well as for electricity imports to the EU, causing serious social and health consequences in our neighbourhood as well as in our Member States; recalling the international obligations of the Western Balkans states under the Energy Community Treaty in particular with regard to the full alignment and implementation of the Energy acquis of the Union;
Amendment 35 #
2019/2208(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas the lack of harmonization has a deep impact on return practices among Member States;
Amendment 83 #
2019/2208(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance of ensuring compliance with return decisions and recalls the key principle enshrined in the directive that voluntary returns should be prioritised over forced returns, especially as it is less expensive and more sustainable;
Amendment 103 #
2019/2208(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that under Article 7 of the directive, a return decision shall provide for an appropriate period for voluntary departure, of at least 30 days, which Member States have to extend where necessary, taking into account the specific circumstances of the individual case; stresses that a relatively short period for voluntary departure may hinder or altogether prevent voluntary departure;
Amendment 114 #
2019/2208(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that a broad definition of the risk of absconding may lead to Member States frequently refraining from granting a period for voluntary departure; recalls the need for a closed and exhaustive list of criteria’s to define strictly the risk of absconding; recalls that lifting the voluntary departure period also leads to the imposition of an entry ban, which may further undermine voluntary departure;
Amendment 126 #
2019/2208(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that return and entry-ban decisions on removal should be individualised, clearly justified with reasons in law and in fact, issued in writing, and complete with information about available remedies, in a language the person understands;
Amendment 136 #
2019/2208(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that the directive allows for the temporary suspension of the enforcement of a removal, pending a decision relating to return; underlines the importance of such suspensive effect in cases where there is a risk of refoulement; notes that in most countries, appeal against return is not automatically suspensive, which may diminish protection and increase administrative burdens; an automatic suspensive remedy is necessary to harmonize the practices and ensure that people are not returning before the final decision;
Amendment 146 #
2019/2208(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with regret the limited use of Article 6(4) of the directive; is concerned about the failure of Member States to issue a temporary residence permit where return has proven not to be possible; underlines the fact that granting residence permits to individuals who cannot return to their country of origin could help to prevent protracted irregular stays and facilitate individuals’ social inclusion and contribution to society; notes that this would also help to get people out of administrative limbos where they are left;
Amendment 206 #
2019/2208(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the directive establishes that returnees may lawfully be detained where other less coercive measures cannot be applied; expresses regret that despite the obligation to apply detention as a measure of last resort, in practice, very few viable alternatives to detention are developed and applied by Member States; calls on Member States, as a matter of urgency, to offer viable community-based alternatives to detention, which are proven to be better for migrants and Member States, since they cost less and have a less negative impact on migrants, especially children and vulnerable people;
Amendment 240 #
2019/2208(INI)
20a. Calls on the Commission and Member States to ensure the sustainability of returns by monitoring them and by funding reintegration programs in cooperation with third countries of origin.
Amendment 60 #
2019/2199(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to its resolution of 3 May 2018 on the protection of children in migration1a, __________________ 1a Texts adopted, P8_TA(2018)0201
Amendment 97 #
2019/2199(INI)
Motion for a resolution
Citation 40 a (new)
Citation 40 a (new)
– having regard to the resolution of the Parliamentary Assembly of the Council of Europe of October 2014 on the alternatives to immigration detention of children (RES 2020),
Amendment 113 #
2019/2199(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas women and children are at higher risk of being trafficked, exploited and sexually abused, both online and offline, including at the hands of traffickers and therefore there is a need for Member States to build and strengthen child protection systems to prevent and respond to violence, abuse, neglect and exploitation of children;
Amendment 260 #
2019/2199(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the importance for the EU and its Member States to work out specific programmes aimed at ending child poverty;
Amendment 261 #
2019/2199(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Acknowledges the importance for Member States to adopt laws to safeguard and strengthen maternity and paternity rights in order to provide a healthy, stable environment for children, in particular during the first months of their lives;
Amendment 397 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Takes the view that Member States should put in place an intersectional approach to combat all forms of discrimination affecting children, taking into in consideration their vulnerabilities, in particular - but not limited to - those of children with disabilities, migrant children, children of migrant background, children from minorities and religious groups, LGBTI children, children of LGBTI parents and stateless or undocumented children, who are disproportionately exposed to discrimination on multiple grounds and therefore require a specialised approach to address their specific needs;
Amendment 499 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that children of LGBTI families, as well as their parents, are victims of human rights violations in the EU and are subject to restrictions of their freedom of movement in the EU, as a result of the refusal of some Member States to recognise same-sex parenthood; urges therefore the Member States and the Commission to adopt laws that recognise the free movement of public documents and mutual recognition of the effects of civil status records in the European Union;
Amendment 547 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Reiterates that immigration detention of children is never in the child’s best interest in line with the New York Declaration for Refugees and Migrants, that children shall not be detained in the context of migration, and therefore calls on Member States to work out community-based alternatives to detention, as well as prioritising integration, education and psychological support;
Amendment 557 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses the importance for Member States to put in place specific measures to grant all migrant children, swiftly after their arrival, access to education, language learning, healthcare, good living conditions and, when unaccompanied or separated, to have a guardian;
Amendment 253 #
2019/2176(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets that the current overly broad anti-terrorism provisions and the abuse of the anti-terror measures have become the backbone of this state policy; reiterates its firm condemnation of the violence by the Kurdistan Workers’ Party (PKK), which has been on the EU list of terrorist organisations since 2002;notes with great concern the continued mass incarceration of people convicted or held in pre-trial detention on terrorism- related charges based on scant evidence; reiterates its firm condemnation of any violence against civilians from all state and non-state actors.
Amendment 257 #
2019/2176(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Deeply regrets the discriminatory Covid-19 early release law which disregarded the right to life of those imprisoned on political grounds and failed to address the situation of those held in pre-trial detention; expresses concern about the unsanitary and overcrowded prison facilities.
Amendment 263 #
2019/2176(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the erosion of the rule of law and the systemic lack of independence of the judiciary continues to be one of the most pressing and worrying issues; condemns the increased surveillance by the executive and the political pressure affecting the work of judges, prosecutors, lawyers and bar associations; is appalled by the mass arrest and prosecution of lawyers for representing their clients; is concerned about the legislative amendment allowing for the division of bar associations along political lines in a way to diminish their role as human rights watchdogs.
Amendment 290 #
2019/2176(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses serious concern about the disproportionate and arbitrary measures curtailing freedom of expression, media freedom and access to information; condemns the imprisonment of journalists, media employees as well as social media users; notes with deep concern the increasing restrictions and censorship imposed on social media platforms; urges Turkey to guarantee media freedom as a matter of priority;
Amendment 315 #
2019/2176(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes with great concern the way that the People’s Democratic Party (HDP) has been specifically and continuously targeted by the Turkish authorities; strongly condemns the continued detention of former HDP co-chairs Selahattin Demirtaş; and Figen Yüksekdağ, members of parliament, elected mayors, administrators and members.
Amendment 326 #
2019/2176(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on Turkey to release all imprisoned human rights defenders, journalists, lawyers, academics and others who have been detained on unsubstantiated charges and to enable them to carry out their work without threat or impediment in all circumstances; strongly condemns the re-arrest and continued detention of Osman Kavala, a prominent civil society figure; and other prominent Journalists like Ahmet Altan and Hanim Büsra Erdal.
Amendment 382 #
2019/2176(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges Turkey to protect the rights of minorities and vulnerable groups, including women, refugees, LGBTI people and ethnic and religious minorities; is appalled by the rise in hate crimes.
Amendment 401 #
2019/2176(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Expresses concern about the reported deportation of Uighurs by way of third countries to China, where they are likely to face grave persecution.
Amendment 474 #
2019/2176(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls the laudable role played by Turkey in responding to the migration crisis resultinghosting refugees from the war in Syria; takes the view that the EU should continue to give the necessary support to Syrian refugees and host communities in Turkey; supports an objective assessment of the EU-Turkey Statement and underlines the importance of both parties’ compliance with their respective commitments; however at the same time criticises the resettlement of Syrian refugees to Turkish-occupied regions in the North of Syria, from which the local Syrian population was previously displaced and is now prevented from returning; refugees must not be brought back to Syria against their will, nor must they be used to carry out demographic engineering against the Kurdish and Christian population in the North of Syria.
Amendment 520 #
2019/2176(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that a modernisation of the Customs Union could be beneficial for both parties and would keep Turkey economically and normatively anchored to the EU; reiterates that this would need to be based on strong conditionality related to human rights and fundamental freedoms; highlights that it seems unrealistic to envisagestresses that given the current circumstances, any modernisation of the Customs Union given the current circumstancescan't be envisaged; recalls that the current Customs Union will not achieve its full potential until Turkey fully implements the Additional Protocol in relation to all Member States;
Amendment 568 #
2019/2176(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Condemns the partial reopening of Varosha beach, which undermines mutual trust and therefore the prospect of the resumption of direct talks on the comprehensive resolution of the Cyprus issue; calls on Turkey to reverse this action and to refrain from provoking nationalist sentiments; reiterates its support for a fair, comprehensive and viable settlement on the basis of a bi-communal, bi-zonal federation with political equality;
Amendment 595 #
2019/2176(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Strongly condemns the Turkish military interventions in Syria, especially in the northeast and Idlib, Afrin, Ras al- Ayn/Sere Kaniye and Tal Abyad which constitute grave violations of international law;
Amendment 599 #
2019/2176(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
Amendment 654 #
2019/2176(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Believes that it is high time to review the EU’s relations with Turkey and to define a comprehensive, unified and coherent strategy for the medium to long term, among all EU institutions and Member States; However the strong relapse in the area of fundamental rights, the deteriorating human rights situation, the lack of freedom of the press and expression, the arbitrary detention of opposition politicians and journalists and the non-recognition of democratic elections show that Turkey's future cannot lie within the EU. The accession negotiations with Turkey must therefore be dissolved.
Amendment 669 #
2019/2176(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. calls on Turkey to stop the attempts to influence European policy through a targeted diaspora policy and to mobilise Turkish- and Islamic communities against the secular understanding of freedom of religion and expression;
Amendment 671 #
2019/2176(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Recalls that Turkey has to stop in particular the attempt of the Turkish government to spy and put pressure on opposition members and politicians of Turkish origin in Europe and condemns in the strongest possible terms all attempts to use violence and intimidation against intellectuals, activists or politicians in Europe.
Amendment 51 #
2019/2175(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the fact that EU membership continues to be Serbia’s strategic goal and that it is among the priorities of the newly electformed government;
Amendment 60 #
2019/2175(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the momentum created by the new mandate following the 21 June 2020 elections in Serbia is an opportunity to make important progress towards Serbia’s European perspective; advocates for the opening of additional negotiating chapters asthat no further negotiating chapters should be opened until Serbia makes the necessary commitments to reform; notes that the opening of chapters is a tool for achieving sustainable pro- European change in Serbia;
Amendment 70 #
2019/2175(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on Serbian Government to officially adopt the new enlargement methodology of the European Commission; calls on the institutions of Serbia to do their utmost to make the European integration process as inclusive and open as possible;
Amendment 80 #
2019/2175(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that Serbia has continued aligning its legislation with the acquis; regrets, however, that the pace of the alignment has been significantly slower than what the government originally set out, including for the period before the COVID-19 pandemic; underlines that progress on the rule of law and fundamental rights chapters, as well as on the normalisation of relations with Kosovo, continues to be essential and will determine the pace of accession negotiations;
Amendment 84 #
2019/2175(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Expresses concern that the position of the Head of the Negotiating Team for the Accession of the Republic of Serbia to the European Union has been vacant since September 2019;underlines that a professional and fully staffed Negotiating Team is crucial for a successful accession process of Serbia; calls on Serbia also to raise the administrative capacities of the Ministry of European Integration, in order to better conduct membership negotiations;
Amendment 88 #
2019/2175(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the importance of strategic communication on EU accession by Serbian stakeholders; underlines that public discussion about EU accession must be based on facts; encouragescalls on the Serbian authorities to communicate more actively their commitment to European values in public debate; notes that the pro- government newspapers and television channels, often quoting government officials, remain a significant disseminator of the anti-EU rhetoric in Serbia;
Amendment 96 #
2019/2175(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with concern that the latest survey shows that less than 50 % of the citizens are in favour of the EU accession of the country; Calls on Serbia and the EU Member States to pursue a more active and effective communication policy on the European perspective, aimed at both Serbian and EU citizens;
Amendment 106 #
2019/2175(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the Conference on the Future of Europe should seek ways of involving Serbian representatives, both on the level of government and on the level of the civil society;
Amendment 111 #
2019/2175(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes note of the conclusions of the final report of the OSCE/ODIHR special election assessment mission that the 21 June 2020 parliamentary elections were administered efficiently but that the dominance of the ruling party, including in the media, was of concern; calls on the authorities to address fullytakes note that the long-term trends of pressures on voters, media bias and blurring of the lines between the activities of the state officials and partisan campaigning, including in the case of the President of the Republic, continued during this election cycle; expresses concern about allegations of irregular registration for the June 2020 elections and calls on the authorities to investigate this matter; calls on the authorities to fully and promptly address all ODIHR recommendations well ahead of the next elections; stresses that the domestic civil society organisations with an expertise in electoral conditions should remain involved in the process of addressing the ODIHR recommendations;
Amendment 127 #
2019/2175(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the establishment of the Inter-Party Dialogue (IPD) facilitated by the European Parliament and the initial measures taken by the Serbian authorities and the parliamentary majority to improve electoral conditions; calls for further implementation of all commitments undertaken in the framework of the IPD; notes with concern that, in the months leading up to the elections, the ruling party changed elements of electoral system, notably the electoral threshold, in a process that lacked public discussion, transparency, inclusiveness and which was not part of the IPD framework;
Amendment 146 #
2019/2175(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Welcomes the cooperation between Government of Serbia and National Assembly with National Convention on the European Union (NCEU);
Amendment 148 #
2019/2175(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges Serbia to deliver convincing results, including a sustainable track record with effective investigations in areas of concern such as the judiciary, freedom of expression and the fight against corruption and organised crime, especially in cases with the high level of public interest, including the cases of Krušik, Jovanjica and Telekom Srbija; reiterates its call for justice from 2018 with regard to the unlawful demolition of private property in Belgrade neighbourhood Savamala;
Amendment 155 #
2019/2175(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes with concern the lack of progress in dealing with organised crime and in particular with the issue of assassinations on the streets; calls on the authorities to ensure that cases discovered by investigative journalists or whistle- blowers are duly investigated and that any public officials involved are held responsible;
Amendment 160 #
2019/2175(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges theRegrets that the previous Serbian parliament failed to adopt constitutional reforms aimed at strengthening the independence of the judiciary; recommends to adopt the constitutional reforms in the next parliamentary term due to the lack of representativeness of the current parliament;
Amendment 169 #
2019/2175(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes improvements to the practices and procedures of the national assembly; changes made in the functioning of the national assembly towards reinstating the practices and procedures and complying with the rules of procedure; regrets that the overall parliamentary oversight of the executive has remained rather formalistic; underlines that further substantive reforms in the procedure and practices are necessary to improve the quality of the legislative process, ensure effective parliamentary oversight and put a stop on systemic degradation of the national assembly; stresses that abusive language, intimidation and slandering campaigns against political opponents used by MPs in the plenary of the national assembly represent the breach of democratic practice and fundamental democratic values that should be strongly condemned and sanctioned in line with the rules of procedure; calls for effective cooperation with independent and regulatory bodies and increased engagement of the national assembly in oversight and control of the government and administration; calls for substantive engagement of national assembly in the process of Serbia's EU accession negotiations process in line with the Resolution on the role of the National Assembly and principles in negotiations on Serbia's accession to the EU adopted in 2013;underlines that the quality of the legislative process still needs to be improved by increasing transparency and social dialogue and ensuring that independent regulatory bodies are empowered to exercise their oversight roles effectively; notes with concern the lack of transparency around the Commissioner for Equality’s reappointment process;
Amendment 174 #
2019/2175(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Notes with concern that the parliament met only 44 days after the declaration of the state of emergency in March 2020, which undermined its position as the key institution of parliamentary democracy as enshrined in the Constitution of Serbia; notes with concern that the parliament did not began its work in full for 109 days after the declaration of the final election results on 5 July 2020, despite a clear parliamentary majority;
Amendment 184 #
2019/2175(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Notes the concerns that the acquisition of two television channels with national coverage in December 2018by an individual connected with the ruling party represented a step towards monopolisation of the media landscape in the country by the government; invites the editorial teams of all television channels with national coverage in Serbia to respect the highest professional standards and allow for differing opinions to be heard regularly;
Amendment 192 #
2019/2175(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets the lack of progress on media freedom, abusive language, intimidation and even hate speech, including from the members of the ruling parties, whose responsibility to act with respect towards all the representatives of the media is the highest in this regard; urges Serbian authorities to take immediate measures to guarantee freedom of expression and media independence;
Amendment 196 #
2019/2175(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Condemns all verbal attacks, hate speech and intimidation campaigns, including targeted pressure against European politicians by Serbian officials and the pro-government media;
Amendment 198 #
2019/2175(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Notes with concern that the work of the civil society organisations takes place in an environment that is not open to criticism, with some CSO-s coming under particular pressure and intimidation from the government and the media close to the ruling party; urges the authorities to enable an atmosphere conductive to the work of all civil society organisations as soon as possible;
Amendment 200 #
2019/2175(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Urges the authorities to fully clarify the situation with the investigation of CSOs and journalists for money laundering;
Amendment 209 #
2019/2175(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Condemns the incidents of disproportional use of police force during the July 2020 protests, which deserve particular attention of the authorities; invites the Serbian authorities to properly investigate all cases in which the police has overstepped its authority;
Amendment 214 #
2019/2175(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the legal and institutional framework for upholding human rights is broadly in place and calls for its more effective implementation, with particular regard to the most vulnerable groups in society, includingsuch as national minorities, in the areas of educationcluding Roma community, in the areas of education, health, employment, housing, use of minority languages, adequate representation in public administration and the judiciary;
Amendment 224 #
2019/2175(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. TNotes with concern the high rate of women and children victims of violence and domestic violence; takes notes of Serbia’s efforts to fight violence against women and children and domestic violence; stressurges, however, that implementation and improvements are needed;
Amendment 235 #
2019/2175(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines the need for protection of LGBTI rights; calls for more adequate responses from the authorities to hate speech and hate-motivated crimes; stresses the importance for all institutions to support the preparation of EuroPride 2022 and ensure the safety of all participants;
Amendment 238 #
2019/2175(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the government to legally regulate same-sex unions according to relevant jurisprudence of the European Court of Human Rights;
Amendment 240 #
2019/2175(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Commends the strong female representation in the new government, in the hope that it will lead to the meaningful and substantive promotion of the human rights and political liberties not only of women but also of other vulnerable groups; welcomes the representation of national minorities in the parliament;
Amendment 246 #
2019/2175(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. WelcomesTakes note of Serbia’s engagement in regional cooperation initiatives, despite lack on tangible positive developments; encourages Serbia to sustain and advance its efforts at all levels aimed at reconciliation and strengthening good neighbourly relations; invites Serbia to fully implement bilateral agreements with neighbouring countries and to improve the resolution of outstanding issues with its neighbours, in particular border demarcation, succession, the return of cultural property and the opening archives of Yugoslavia;
Amendment 263 #
2019/2175(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that the normalisation of relations between Serbia and Kosovo is a priority and a precondition for EU accession; calls for active and constructive engagement in the EU-facilitated dialogue led by the EU Special Representative seeking a comprehensive and legally binding agreement, in accordance with international law; reiterates its call to move forward with the full implementation, in good faith and in a timely manner, of all the agreements already reached; reiterates its call to the authorities to refrain from using inflammatory language towards the citizens of Kosovo of Albanian ethnicity;
Amendment 274 #
2019/2175(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the importance of regional cooperation on war crimes and missing persons, including of recognising and respecting court verdicts on war crimes, rejecting hate speech and the glorification of war criminals, and supporting domestic prosecutors in bringing perpetrators to justice; calls on Serbian authorities to adopt and implement the measures that would address and help resolve these recurring issues;
Amendment 295 #
2019/2175(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on Serbia to increase the sustainability of its energy sector by diversifying its energy sources and moving towards renewables while at the same time adopting the necessary measures to preserve and protect environmentally sensitive areasand less polluting fuels to ensure compliance with its indicative trajectory while at the same time removing all non-compliant coal subsidies and converting the existing coal-based or petroleum products based district heating into a high efficiency cogeneration-and renewables-based system ; encourages Serbia to step up the monitoring of the implementation and the enforcement of the National Emission Reduction Plan;
Amendment 305 #
2019/2175(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Urges the authorities to ensure alignment with EU standards and policy objectives on climate protection and environment, in order to facilitate the transition to a circular economy; encourages Serbia – in particular in light of the Sofia Declaration on the Green Agenda for the Western Balkans – including, but not limited to the introduction of carbon emissions pricing, update of energy efficiency legislation, the development and adoption of an integrated National Energy and Climate Plan, in order to facilitate the transition to a circular economy and adopting the necessary measures to preserve and protect environmentally sensitive areas; encourages Serbia to finalise the reforms of the national electricity and gas sectors by ensuring in particular unbundling of the system operators and to work on regional connectivity and the completion of the regional energy market in electricity and natural gas;
Amendment 315 #
2019/2175(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Reiterates the importance of alignment with the EU common foreign and security policy (CFSP), which must progressively become an integral part of Serbia’s foreign policy; notes that the alignment rate has been falling in recent years, rather than increasing; notes that the highest government officials continue to make occasional statements that call into question Serbia’s foreign policy orientation;
Amendment 323 #
2019/2175(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Reminds that moving the Embassy of Serbia of Israel from Tel Aviv to Jerusalem would go against the position of the European Union on the Two-State solution to the Israel-Palestine dispute;
Amendment 351 #
2019/2175(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Takes note of Serbia’s decision to sign a free trade agreement with the Eurasian Economic Union in October 2019; expects Serbia, however, to align with EU trade policy; regrets that Serbia is still not a member of the World Trade Organisation;
Amendment 365 #
2019/2175(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Expresses concern over Serbia’s increasing dependence on defence equipment and technologies from the People’s Republic of China, including a mass surveillance system of cameras in Belgrade, and the insufficient transparency of the security sector’s public procurement practices; continues to be concerned about Serbia’s close political and military cooperation with Russia;
Amendment 379 #
2019/2175(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls onfor the Council to fine-tunefuture Instrument for Pre-accession Assistance (IPA III) to contain both, incentives and conditionality in the future Instrument for Pre-accession Assistance (IPA III); considers it essential that IPA III supports further strengthening of the fundamental values and good governance and is discontinued in cases of systemic threats to the Union’s interests and values; believes that the principle of the reversibility of the accession process under the renewed methodology should also be clearly reflected in the pre- accession financing; reiterates that the scale of financial assistance should match the goal of SerbiaKosovo’s European perspective;
Amendment 31 #
2019/2174(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the country is maintaining a steady pace on the rule of lawin advancing EU reforms, in particular in key areas such as the rule of law, fight against corruption and organised crime, intelligent services, public administration and functioning of democratic institutions and procedures;
Amendment 48 #
2019/2174(INI)
Motion for a resolution
Recital D h (new)
Recital D h (new)
Dh. whereas European Council has so far failed to approve the European Union’s membership negotiation framework for North Macedonia;
Amendment 57 #
2019/2174(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes North Macedonia’s clear strategic orientation and commitment to EuropeanU integration, as manifested by continued implementation of accession- related reforms;
Amendment 58 #
2019/2174(INI)
Motion for a resolution
Paragraph 1 – point 1 a (new)
Paragraph 1 – point 1 a (new)
(1a) Deplores the failure of the European Council to approve the European Union’s membership negotiation framework for North Macedonia;
Amendment 65 #
2019/2174(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges the authorities to sustain consensual efforts to strengthen democratic consolidationcy and the transformation process, the continued fight against corruption, and restoreto strengthen the rule of law, while improving the climate for media and civil society;
Amendment 74 #
2019/2174(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Commends the steady steps in following up onprogress achieved in addressing the ‘Urgent Reform Priorities’ and following up on the recommendations of the Venice Commission and the Senior Experts’ Group on systemic Rule of Law issues;
Amendment 84 #
2019/2174(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the coimplementation of measures to ensure judicial and prosecutorial professionalism, independence, integrity and accountability, including through an efficient implementation of codes of ethics and of the landmark law on the Public Prosecutor’s Office, ensuring sustainable solutions for cases related tothe case of the Special Prosecutor’s Office, and accountability for crimes stemming from the large-scale illegal wiretapping case;
Amendment 87 #
2019/2174(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages the conclusion of institutional reforms and the restructuring ofimplementation of the ongoing reforms in the security and intelligence sectors;
Amendment 102 #
2019/2174(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the positive engagement of the country’s main political forces, enabling adoption of key legislation and a smooth electoral process; takes note of the conclusions of the final report of the OSCE/ODIHR special election assessment mission that the 15 July 2020 parliamentary elections were well administered amid necessary COVID-19 related adjustments but persistent shortcomings and instability in the legal framework underlined the need for comprehensive reform in advance of future elections;
Amendment 113 #
2019/2174(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines the need to complete a timely, inclusive and comprehensive review of the Eelectoral Code; legislation, by addressing the remaining recommendations of the OSCE/ODIHR and Venice Commission;
Amendment 133 #
2019/2174(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Notes with concern the widespread hate speech on social media, particularly towards Roma, LGBTI+ persons and other marginalised groups;
Amendment 134 #
2019/2174(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Notes that more effort must be made in building up prosecution capacities for protection from hate crimes, hate speech and gender-based violence;
Amendment 142 #
2019/2174(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the renewed adoption of anti-discrimination legislation, and urges the authorities to follow up with an inclusive and transparent process establishing an independent Anti- Discrimination Commission, ensuring protection and inclusion of all marginalised groups; encourages the Sobranie to adopt legislation which will enable a simplified, transparent and accessible procedure based on self-determination for legal gender recognition, and prevent discrimination based on sexual orientation or gender identity;
Amendment 159 #
2019/2174(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on lawmakers in Northern Macedonia to take steps to ensure an adequate representation of women in all decision-making positions, and to further address the gender imbalance and gender pay gap in the labour force; calls on all political parties to improve and ensure equal representation of women in appointed offices;
Amendment 163 #
2019/2174(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the country’s efforts in improving cooperation on managing migration and addressing the basic needs of refugees, asylum seekers and migrants; calls for further strengthening of international protection of those in need, recalls the need to establish a viable mechanism for managing irregular migratory flows, ensuring international protection and combating people smuggling networks; encourages the country to move forward with the adoption of a strategy on the integration of migrants, including re-integration of returnees;
Amendment 178 #
2019/2174(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Acknowledges that the generally favourable environment for freedom of expression and media independence must be enhanced through improved legal framework, self- regulation, transparency of ownership and advertising market, while increasing financial sustainability and impartiality of public and private media outlets;
Amendment 181 #
2019/2174(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Encourages systemic media reforms that would reinvigorate competition, the independence of the public service broadcaster, and qualitymedia regulator and support investigative journalism;
Amendment 185 #
2019/2174(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Commends stepsNotes the steps taken to enhancinge media self-regulation and professional standards;
Amendment 191 #
2019/2174(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for effective investigations into physical threats and verbal attacks against media professionals and for the further improvement of the national legal framework to create institutional measures for increasing the safety of journalists;
Amendment 197 #
2019/2174(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes the significance of ensuring quality journalism and media literacy for tackling widespread disinformation and fake news; is concerned about the disinformation campaigns in the media and calls on to investigate the sources of those campaigns;
Amendment 205 #
2019/2174(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Welcomes the Governments efforts in establishing a Law on Minimum Wages, which would provide a steady rise in the minimum wage and the private consumption;
Amendment 206 #
2019/2174(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Welcomes the steps taken in 2019 to establish a direct personal taxation system based on progressive rates. Notes the return to a flat-tax model. Encourages the Government to modernise the tax code with a higher focus on progressive rates on income, taxation of property and environmental factors, to produces sufficient value to implement social reforms and combat inequality;
Amendment 207 #
2019/2174(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Notes that despite the efforts made to amend the healthcare law, which enabled an increase in salaries, the public health care sector still faces losses of medical staff, particularly specialists who are leaving the country to work abroad; therefore encourages the government to create attractive working conditions in the public health care sector;
Amendment 213 #
2019/2174(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Commends the adoption of the Energy Efficiency Law and encourages North Macedonia to pursue the development and adoption of all essential related secondary legislation and strengthen institutional capacities for implementation;
Amendment 215 #
2019/2174(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Welcomes continuous steps tothe progress achieved in ensureing compliance with the obligations of the Third Energy Package, and createing an integrated regional energy market;
Amendment 217 #
2019/2174(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Welcomes the adoption of the Economic and Investment Plan and the Green Agenda for the Western Balkans to support Green and digital transition of the region; Recalls the potential of the Economic and Investment Plan for the Western Balkans to enhance regional connectivity through Rail Corridor VIII to Bulgaria, and gas interconnectors to Greece, Kosovo and Serbia;
Amendment 226 #
2019/2174(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Commends North Macedonia on being the first of the Western Balkan countries to develop its draft Integrated National Energy and Climate Plan, which provides a solid basis for the development of an ambitious final plan;
Amendment 230 #
2019/2174(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Reiterates its calls to address an alarming level of urban air pollution via a transition to sustainable energy, heating and transport, to ensure compliance with the emission ceiling levels for large combustion plants; recommends the development of a national strategy for coal phase out;
Amendment 237 #
2019/2174(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Reiterates its full support to the enhanced regional cooperation in the region, and appeals to all parties to ensure the full andneed for the continuous implementation of the Prespa agreement with Greece and the Treaty on Good Neighbourly Relations with Bulgaria; in good faith by all parties;
Amendment 243 #
2019/2174(INI)
Motion for a resolution
Paragraph 38 b (new)
Paragraph 38 b (new)
38b. Calls on Bulgaria to withdraw its veto against North Macedonia in order not to further delay the accession progress, and not let the enlargement process be impeded by unilateral interests;
Amendment 244 #
2019/2174(INI)
Motion for a resolution
Paragraph 38 c(new)
Paragraph 38 c(new)
38c. Notes that in order to acknowledge country’s efforts in the EU accession process, Bulgaria should approve the opening of the intergovernmental conference (IGC) with North Macedonia as soon as possible, also in order to prevent that further delays harm the reconciliation gains in the region;
Amendment 245 #
2019/2174(INI)
Motion for a resolution
Paragraph 38 d(new)
Paragraph 38 d(new)
38d. Welcomes the efforts made by the German Presidency to facilitate discussions between Bulgaria and North Macedonia, with the goal of reaching an agreement in the Council on the negotiating framework;
Amendment 255 #
2019/2174(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Regrets that Bulgaria and North Macedonia have yet to find a compromise on issues related to history and languagepending bilateral issues, trusts that they will soon be settled in order not to jeopardise the integration momentum, and looks forward to the adoption of the negotiating framework, with the aim of holding of the first intergovernmental conference, kick-starting the accession talks without a further delay;
Amendment 259 #
2019/2174(INI)
Motion for a resolution
Paragraph 39 b (new)
Paragraph 39 b (new)
Amendment 260 #
2019/2174(INI)
Motion for a resolution
Paragraph 39 b (new)
Paragraph 39 b (new)
39b. Calls for the implementation of an institutionalized and sufficiently public- financed youth dialogue between North Macedonia and Greece, and North Macedonia and Bulgaria based on the model of the Franco-German Youth Office (FGYO);
Amendment 278 #
2019/2174(INI)
Motion for a resolution
Paragraph 42 c (new)
Paragraph 42 c (new)
42c. Reiterates its full support of the promise of Thessaloniki, made by the European Council in 2003, namely the future of the Western Balkan countries lies in the EU;
Amendment 13 #
2019/2173(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the Government accepted the election results and the transition of power, thus confirming the level of democratic maturity and progress achieved in Montenegro;
Amendment 36 #
2019/2173(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Expresses concern about the accusations of foreign influence in the election process;
Amendment 67 #
2019/2173(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes that the President of the Supreme Court and the presidents of the basic courts in Bar, Kotor and Plav resigned after the call for judges with multiple mandates to resign, respecting European democratic standards;
Amendment 72 #
2019/2173(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the initiation of judicial proceedings for establishing the liability of individuals and political parties on charges of illegal financing of political parties;
Amendment 76 #
2019/2173(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Expresses concern over the solutions from the amendments to the Law on Civil Servants and State Employees passed in the Parliament, which lower the criteria for the work in public administration despite warnings that progress in public administration reform could be undermined in order to implement merit-based employment;
Amendment 119 #
2019/2173(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Expresses concern that the Government adopted amendments to the Law on Freedom of Religion or Belief and the Legal Status of Religious Communities in an urgent procedure, without a public debate and dialogue with all religious communities and without the opinion of the Venice Commission;
Amendment 139 #
2019/2173(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Expresses concern over the controversial governmental appointments in the security and military intelligence sector and the danger that Montenegro's strategic alliance with the EU and NATO could be called into question;
Amendment 157 #
2019/2173(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Expresses concern that the Budget Law for 2021 was not proposed until the end of 2020;
Amendment 168 #
2019/2173(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Expresses concern over a new loan of EUR 750 million by the Government, without consulting the Parliament;
Amendment 175 #
2019/2173(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Expresses concern over the accusations about the ongoing process of dismissal of leaders in public health institutions at a time when Montenegro is seriously affected by the COVID 19 pandemic;
Amendment 71 #
2019/2172(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the peaceful and orderly conduct of the early legislative elections of 6 October 2019; stresses the importance of addressing all the shortcomings identified and recommendations made by the EUEOM; regrets that Kosovo continues to struggle with political instability following the elections, resulting in a third government in less than a year; notes that the current government has lost its majority resulting in a lack of legislative initiatives by the Assembly;
Amendment 73 #
2019/2172(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on all the political forces in Kosovo to improve the legal certainty and to amend the relevant legislation following the decision by the Supreme Court that following a vote of no- confidence a new government can be formed without holding extraordinary/early elections;
Amendment 74 #
2019/2172(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Expects the political forces in Kosovo to find a consensus on the candidate of the President to avoid extraordinary/early elections and increase of political instability;
Amendment 84 #
2019/2172(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s statement of 26 August 2020 confirming its assessment of Kosovo’s ability to benefit from the visa liberalisation regime, and calls on the Council to urgently proceed with the adoption of a visa-free regime for the citizens of Kosovo; regrets that during the German EU Presidency of 2020 the Council did not manage to adopt the visa liberalisation for the citizens of Kosovo;
Amendment 99 #
2019/2172(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Reminds that opening the Embassy of Kosovo in Israel in Jerusalem instead of Tel Aviv would go against the position of the European Union on the Two-State solution to the Israel-Palestine dispute;
Amendment 111 #
2019/2172(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the need to intensify the fight against corruption, and expresses its serious concern about the abolition of the special anti-corruption department (Anti- Corruption Task Force) within [SJ1] the Kosovo Police (KP); notes that organised crime, including drug and human trafficking, and cybercrime, remain issues of concern that require concerted efforts;
Amendment 115 #
2019/2172(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on Kosovo to improve its regulatory measures for the freezing, confiscation and recovery of assets, and for final convictions in cases of high-level corruption, organised and financial crime, money laundering and terrorist financing; expects more progress to be made in strengthening the track record on the investigation and prosecution of high- level corruption and cases of organised crime;
Amendment 136 #
2019/2172(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a Regrets the attempts by the former President Hashim Thaci to undermine the mandate of EULEX;
Amendment 203 #
2019/2172(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses that the conduct of the Belgrade-Pristina dialogue must be open and transparent and that the officials in charge for it should regularly consult with the Kosovo Assembly on its developments; invites the government to communicate better the results of the dialogue to the citizens of Kosovo;
Amendment 218 #
2019/2172(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Commends the good regional cooperation between Kosovo and Serbia in the fight against the spread of the COVID- 19 pandemic, including cooperation between the mayors of Mitrovica and communication between Ministers of Health; regrets, however, the poor handling of the pandemic by Kosovo authorities;
Amendment 232 #
2019/2172(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls for more efforts in dealing with the requests of family members of missing persons, the opening of wartime archives, and for information to be revealed about people who are still listed as missing from the 1998-99 Kosovo war; calls on Serbia to investigate the remains of three bodies that have been exhumed so far during searches in a mass grave in Kizevak village of Raska municipality near Kosovo border discovered in November 2020 that are believed to be Kosovo Albanians;
Amendment 242 #
2019/2172(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Stresses the need for urgent implementation of active labour market policies, including upskilling, vocational education training and on-the- job training, in order to increase employment of vulnerable groups;
Amendment 258 #
2019/2172(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Regrets that the Assembly of Kosovo was unable to pass a second economic recovery package in the first attempt, providing relief for the healthcare sector, private sector and Kosovo’s citizens;
Amendment 282 #
2019/2172(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Calls for the future Instrument for Pre-accession Assistance (IPA III) to contain both, incentives and conditionality; considers it essential that IPA III supports further strengthening of the fundamental values and good governance and is discontinued in cases of systemic threats to the Union’s interests and values; believes that the principle of the reversibility of the accession process under the renewed methodology should also be clearly reflected in the pre- accession financing; reiterates that the scale of financial assistance should match the goal of Kosovo’s European perspective;
Amendment 25 #
2019/2171(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Declaration of 5 July 2009 of Western Balkans partners on Roma Integration within the EU Enlargement Process, known as the Poznan Declaration,
Amendment 30 #
2019/2171(INI)
Motion for a resolution
Citation 13
Citation 13
- having regard to its resolution of 9 July 2015 on the Srebrenica Commemoration1 , of 15 January 2009 on Srebrenica and of 7 July 2005 on the Western Balkans 10 years after Srebrenica, __________________ 1 OJ C 265, 11.8.2017, p. 142.
Amendment 42 #
2019/2171(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the Report of the International Tribunal for the Former Yugoslavia of 1 July 2017,
Amendment 43 #
2019/2171(INI)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
- having regard to the Progress Report of the Prosecutor of the International Residual Mechanism for Criminal Tribunals of 19 May 2020,
Amendment 44 #
2019/2171(INI)
Motion for a resolution
Citation 18 c (new)
Citation 18 c (new)
- having regard to the 58th Report of the High Representative (HR) for Implementation of the Peace Agreement on Bosnia and Herzegovina,
Amendment 60 #
2019/2171(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the country continues to face numerous challenges related to the rule of law, human rights, fundamental freedoms, governance, accountability, freedom of expression and media freedom, and a functioning market economy;
Amendment 70 #
2019/2171(INI)
Motion for a resolution
Recital G
Recital G
G. whereas BiH is a migrant transit route, and reception capacities remain insufficient for hosting migrants and asylum seekers present in the country, despite the availability of EU funded and ready-made solutions;
Amendment 74 #
2019/2171(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas serious human rights concerns remain over the rights of people in transit in BiH;
Amendment 75 #
2019/2171(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the EU approach to the external dimension of migration has led the EU to cooperate with BiH in the field of border control and migration management; whereas the externalisation of EU border management and migration control is of serious concern in light of violations of human rights standards; whereas it is the EU's duty to conduct a humane border procedure and migration approach that aims at protecting the fundamental rights of persons in need of international protection in countries of transit such as BiH;
Amendment 95 #
2019/2171(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the path towards the EU depends on sustainable peace, lasting stability, social cohesion and genuine reconciliation warranting the democratic and multicultural character of BiH; urges the country to expedite effective prosecution of war crimes under the revised National War Crimes Processing Strategy, and calls for impartial and effective investigations into these crimes; condemns any kind of historical revisionism, or opposition to ICTY judgements, secessionist rhetoric and related acts, denial or glorification of war crimes committed during the 1990’s war;
Amendment 101 #
2019/2171(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that over 7 200 BiH citizens are still missing, and urges the authorities to intensify cooperation and data sharing between regional, national and international stakeholders alike, on issues related to missing persons, redress to civilian victims of war, including victims of sexual violence, and to ensure the safe and sustainable return of refugees and internally displaced people; through reconstruction assistance, job creation measures, education rights and the proper implementation of property laws;
Amendment 107 #
2019/2171(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the rapid adoption of a law banning Holocaust denial, genocide and war crimes; encourages the High Representative in BiH (OHR) to use his powers to make the law banning Holocaust denial, genocide and war crimes an integral part of BiH legislation;
Amendment 121 #
2019/2171(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the authorities to ensure inclusive and non-discriminatory education for all children, regardless of their ethnic, cultural, or personal background, notably by abolishing the two-schools-under-one- roof practice ruled as discriminatory and as ethnic segregation by the Supreme Court of Federation of BiH, by enabling Bosniak children in Republika Srpska to name their mother tongue as Bosnian language and by increasing the enrolment and completion rate of Roma pupils;
Amendment 135 #
2019/2171(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Urgently calls on BiH to remedy the unequal access to remote schooling, resulting in many children being deprived of their right to education throughout the pandemic;
Amendment 140 #
2019/2171(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges all BiH political leaders and institutions to significantly accelerate work and co-operation to fully comply with the 14 key priorities; calls on the authorities to maintain the political will for enhanced co-operation demonstrated at the onset of the COVID-19 crisis, especially through developing and adopting a national programme for the adoption of the EU acquis; guaranteeing legal certainty by establishing a judicial body entrusted with ensuring the consistent interpretation of the law throughout BiH; ensuring that veto rights in all administrative bodies entrusted with implementing the acquis are eliminated; strengthening the prevention and fight against corruption and organised crime; ensuring the implementation of the legislation on non- discrimination and on gender equality; enabling environment for civil society by upholding European standards on freedom of association and freedom of assembly;
Amendment 148 #
2019/2171(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that the effective organisation and independent functioning of institutions is an essential feature of a viable democracy and a prerequisite for advancing the EU integration process, including obtaining candidate status; warns that ethno-nationalistic divisive rhetoric and attempts to obstruct the functioning of institutions undermine unity, lasting stability and country-wide co- ordination and decision-making on key policies and reforms;
Amendment 156 #
2019/2171(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Commends the adoption of the amendments to the BiH Election Law that allowed Mostar citizens to vote in the 2020 local elections; welcomes the Parliamentary Assembly’s vote of 22 July 2020 on the Rules of Procedure governing the meetings of Stabilisation and Association Parliamentary Committee (SAPC), paving the way for their formal adoption by the 2nd EU-BiH SAPC as soon as possible and for a fruitful parliamentary cooperation;
Amendment 164 #
2019/2171(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls on the EC and the EEAS to step up their mediation activities in BiH, in order to strengthen political dialogues and reconciliation, which is central to the future development of BiH, and to provide a framework for dealing with the legacies from the past and for overcoming the divisions in the society;
Amendment 173 #
2019/2171(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the urgent need to address shortcomings in the constitutional framework andincluding through harmonisation of laws on cantonal and federal level and expanding the state’s jurisdiction, as well as to make progress on reforms that would transform BiH into a fully functional and inclusive state by implementing the Sejdic-Finci case group; stresses that institutional reforms depend on the will and commitment of political leaders and institutions in the country; urges the international community to facilitate the conditions for constitutional dialogue within BiH institutions and among elected representatives in BiH under the leadership of the EU, in particular Parliament, and in consultation with civil society;
Amendment 182 #
2019/2171(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets the lack of progress on reforms in the judiciary; reiterates the urgent need to resolve the mounting backlog of cases pending trial, to strengthen the professionalism and accountability of the judiciary and, to ensure its independence from undue influence by adopting new legislation on the High Judicial and Prosecutorial Council and on the Courts of BiH in line with EU standards;
Amendment 195 #
2019/2171(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for immediate steps to tackle corruption and impunity in the public sphere in order to rebuild citizens’ trust in the institutions; by adopting and implementing legislation on conflict of interest and whistle-blowers’ protection; ensuring the effective functioning and coordination of anti-corruption bodies; align the legislation and strengthen capacities on public procurement; ensuring transparency of privatisation processes; in particular, calls for the authorities to duly investigate and resolve the lack of effective prosecutions for high- profile corruption cases; insists that the persistent lack of transparency shown by political actors and public institutions alike needs to be addressed;
Amendment 209 #
2019/2171(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Regrets the lack of progress on addressing the EU’s Opinion priority n. 11 on ensuring an enabling environment for civil society by upholding European standards on freedom of association and freedom of assembly; underlines the importance of protecting and promoting freedom of association and deplores that the exercise of freedom of assembly remains restricted; regrets that activists, in particular those dealing with sensitive issues in Republika Srpska have been subject to threats, intimidation, fines and judicial prosecution; calls on the authorities to develop a strategic framework of cooperation with civil society and to ensure meaningful consultations as part of inclusive policy dialogues;
Amendment 210 #
2019/2171(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Stresses the need to make the European integration process as inclusive and open as possible; notes the insufficient involvement of civil society organisations which can make substantial contributions to the EU integration process; notes that this involvement is of paramount importance for the participation of citizens in the democratic life of the country and in the enlargement process;
Amendment 214 #
2019/2171(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses concern over the fundamental rights situation, specifically, the persisting discrimination and hate speech faced by the LGBTIQ+ community, migrants and asylum seekers, as well as ethnic and religious minorities, and calls for more effective and comprehensive countrywide hHuman rRights and anti- discrimination strategies, as well asincluding an action plan on child protection, an action plan on LGBTIQ+ people and measures against interfaith and interethnic intolerance; stresses the need to duly prevent and prosecute the proliferation of hate speech, hate crimes and violence targeting minorities, LGBTIQ+ persons and women, and to promote social inclusion of minorities and vulnerable populations, including the Roma, in line with the 2019 Poznan Declaration on Roma Integration within the EU Enlargement Process, persons with disabilities, LGBTIQ+ persons, migrants and asylum seekers, as well as displaced persons and refugees;
Amendment 221 #
2019/2171(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
Amendment 222 #
2019/2171(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls the need for specific earmarked funding on gender equality in all EU external financing instruments, and for reduced administrative constraints to allow access to funding for local and small civil society organisations (CSOs) and especially women civil society organisations (WCSOs);
Amendment 229 #
2019/2171(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Commends the decision of the Constitutional Court of 4 October 2019 to repeal Article 11 of the Constitution of the Republika Srpska entity, thus abolishing capital punishment across BiH; regrets that the Republika Srpska entity parliament did not amend the Constitution on this matter prior to the Court decision;
Amendment 232 #
2019/2171(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets BiH’s continued inability to comply with anti-discrimination rulings of the European Court of Human Rights (ECtHR); notes the continuing shortcomings in the election process, and reiterates the need to address discriminatory ethnicity and residency- based restrictions on the right to stand for election through the required constitutional changes; regrets the inability to ensure that elections are conducted in line with European standards by implementing OSCE/ODIHR and relevant Venice Commission recommendations, as well as to ensure transparency of political party financing;
Amendment 242 #
2019/2171(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for thorough investigations into alleged electoral irregularities, including identity theft, barriers to independent electoral observation and political pressure on voters and the BiH Central Election Commission (CEC) itself and other irregularities, during of the 2020 municipal elections;
Amendment 245 #
2019/2171(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets continued political and financial pressure and instrumentalisation of the media, undermining freedom of expression and media pluraliswhich has especially deteriorated during the covid-19 pandemic, thus undermining freedom of expression and media pluralism, especially due to the lack of financial sustainability of the public broadcasting system; expresses its concern at the hostile environment for independent media, and urges the authorities to effectively investigate and prosecute verbal and physical threats and attacks against journalists and media personnel; , including female journalists, and media personnel; calls for the regulation of transparency of media ownership;
Amendment 268 #
2019/2171(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Insists that BiH itself must increase proactive information-sharing on the pandemic, clarification of preventive measures and instructions for citizens, as well as data on infections and vaccinations through official channels;
Amendment 280 #
2019/2171(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the increased migratory pressure on the country; calls for effective inter-institutional and inter-governmental coordination of migration and border management in the face of a mounting humanitarian crisis; calls for equitable burden-sharing and adequate support for local communities hosting temporary reception centres; underlines the need to ensure appropriate reception condiurges the BiH authorities to quickly scale up actions to address the grave humanitarian situations and to boost capacity for processing incoming migrants and asylum-seekers; urges BiH to conclude an agreement with the European Asylum Support Office (EASO); callprovide immediate assistance and secure basic living conditions to all the migrants and refugees oin the EU to step up its support to BiH’s authorities, namely with regard to operational assistancetemporary reception centres;
Amendment 288 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
Amendment 289 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. calls for equitable burden-sharing and adequate support for local communities hosting temporary reception centres; stresses the need to ensure appropriate reception conditions and to boost capacity for processing incoming migrants and asylum-seekers; urges BiH to conclude an agreement with the European Asylum Support Office (EASO); calls on the EU to step up its support to BiH’s authorities, namely with regard to operational assistance;
Amendment 291 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. calls on the EU to investigate and report on the financial assistance given to BiH authorities and international organizations in BiH for handling the migrant situation in order to ensure transparency and increase the credibility of the EU; calls on a prompt assessment of the EU financial assistance, both by DG ECHO and under IPA, given to BiH authorities and international organizations in BiH for handling the migrant situation in order to ensure transparency;
Amendment 292 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Calls on the BiH authorities to improve the efficiency of the asylum system;
Amendment 293 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 e (new)
Paragraph 19 e (new)
19e. Calls on the EU and the BiH’s authorities to work on long term sustainable solutions for people in transit in BiH;
Amendment 294 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 f (new)
Paragraph 19 f (new)
19f. Expresses great concern regarding the number of unaccompanied or separated children among refugees and migrants left without access to adequate accommodation and child protection services; calls for effectively facilitating fast-track asylum applications from vulnerable children and families and to recognise them as a priority group in any of the national health, education and protection strategies;
Amendment 295 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 g (new)
Paragraph 19 g (new)
19g. Expresses concern for BiH’s increasing cooperation with neighbouring countries in terms of migration policies, inter alia resulting in violent pushbacks in violation of international treaties BiH is a party to, and abuse of migrants at the country’s borders; calls on the EU and EU member states to stop illegal pushbacks notably by Croatian authorities which make the crisis in border areas even bigger; calls in this regard for the establishment of an EU-wide mechanism that shall include in its investigation reports or testimonies of victims of border violence, allowing for the independent investigation of alleged violations of European law at the borders to put an end to the fundamental and human rights violations;
Amendment 296 #
2019/2171(INI)
Motion for a resolution
Paragraph 19 h (new)
Paragraph 19 h (new)
19h. Calls for safe and legal pathways for refugees and migrants into the EU and for an EU migration and asylum policy based on solidarity amongst the Member States;
Amendment 299 #
2019/2171(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges BiH to step up its efforts against cross-border crime, especially human traffickingto fight against drug and human smugglers, and to ensure swift conclusion of the status agreement with the European Border and Coast Guard Agency (Frontex) that wshould aim at facilitateing a better protection of borders inand humane border approach fully respect foring fundamental rights, while helping fight cross-border crime;
Amendment 304 #
2019/2171(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for the resignation of the Executive Director of FRONTEX, in view of the alleged involvement of the Agency in violations of fundamental rights; demands a parliamentary inquiry to investigate FRONTEX’ alleged illegal practices;
Amendment 312 #
2019/2171(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for a timely co-ordinated, strategic, transparent and publicly accessible countrywide response to the ongoing health emergency and post- pandemic recovery measures; recalls COVID-related EU support to address the acute situation in the country; calls on the European Commission and the Member States to allocate a sufficient number of COVID-19 vaccines to , taking into account the different impact of the crisis on different genders, that must reach all individuals affected by the crisis; recalls COVID-related EU support to address the acute situation in the country needs to address the specific needs of women and of minority and vulnerable groups; calls on the European Commission and the Member States to allocate a sufficient number of COVID-19 vaccines to the Western Balkan countries and support their vaccination preparedness; welcomes in this respect the package that will allow BiH and other Western Balkan countries partners to finally benefit from the EU Advance Purchase Agreements; underlines that the much needed COVID-19 mitigation measures should not lead to further marginalization or stigmatization of vulnerable groups, including refugees and migrants;
Amendment 322 #
2019/2171(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Condemns the authorities’ poor management of the covid-19 crisis, including selective enforcement of the ban on assemblies - resulting in the ban of the route of 2020 Sarajevo Pride march -, curtailment of freedom of expression by excluding the media from press conferences, public procurement irregularities and by not offering solutions to meet the needs of refugees, asylum seekers and migrants;
Amendment 332 #
2019/2171(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on BiH to step up active labour market measures aimed at reducing long-term andunemployment, including youth unemployment, contributing to the most acute brain drain in the region by investing more in the education sector – from pre- school to higher education - in order to achieve better and equal opportunities for all including vulnerable groups; recalls BiH commitment to increase the employment rate of Roma people;
Amendment 338 #
2019/2171(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recalls that the unemployment of women, who make up 60 % of the working age inactive persons, is of particular concern;
Amendment 339 #
2019/2171(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Welcomes the continued participation of BiH in the Erasmus+, Creative Europe and Europe for Citizens Programmes; stresses that educational and cultural exchanges and joint projects are an essential part of bringing the citizens of BiH and of the EU closer;
Amendment 340 #
2019/2171(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on the authorities to harmonise the legislation on maternity and paternity leave across entities and cantons;
Amendment 342 #
2019/2171(INI)
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23d. Underlines that social cohesion is an essential element of a sustainable and united future for BiH; therefore stresses the importance for the EU to support the strengthening of the welfare system of BiH, so as to boost a policy of social justice, of reduction of social inequalities, which will contribute to strengthening social cohesion; regrets that serious challenges remain to be addressed as regards to poverty reduction and calls for access to public health coverage for all; recalls that BiH is a signatory to all ILO fundamental and governance Conventions and as such calls for enhanced social dialogue and social protection;
Amendment 343 #
2019/2171(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the authorities to prioritise measures aimed at boosting economic diversification, digitalisation and tackling the informal economy, while developing effective and transparent mechanisms for energy market, transport infrastructure, sustainable tourism and support for SMEs; calls on the authorities to foster the social-economic dialogue among social partners on all socio-economic matters;
Amendment 359 #
2019/2171(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recommends focusing on sustainable and inclusive growth- enhancing public investment and infrastructure projects, making full use of the Economic and Investment Plan for the Western Balkans; which can contribute to facilitating a social development and long-term recovery following the pandemic; stresses however the need to ensure that EU funds contain both incentives and conditionality and shall effectively contribute to protecting and strengthening democracy, good governance, the rule of law and fundamental rights for all people in BiH;
Amendment 368 #
2019/2171(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Urges BiH’s authorities to ensure alignment with EU standards and policy objectives on climate protection and energy, facilitating the green and digital transition, and calls for the prioritisation of measures reducing ecological degradation and environmental risks to health by banning the building of small hydropower plants, combating illegal construction, and increasing inspection oversight on ecological issues; welcomes the adoption of the Green Agenda for the Western Balkans, which shall incentivize the transition to a circular economy and the adoption of the necessary measures to preserve and protect environmentally sensitive areas;
Amendment 399 #
2019/2171(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the continued presence of EUFOR’s Operation Althea in the country and the extension of EUFOR’s mandate until November 2021; commends that BiH contributes troops to EU CSDP training missions; welcomes the signature of a joint roadmap for action on the G7 partnership for Women, Peace and Security;
Amendment 405 #
2019/2171(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Reaffirms its position that government and civil society representatives of the Western Balkan countries should be engaged in the Conference on the Future of Europe;
Amendment 22 #
2019/2170(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the rule of law is a key benchmark for assessing the progress towards the EU accession;
Amendment 32 #
2019/2170(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the ongoing pandemic has clearly demonstrated that the EU and the Western Balkans must continue tackling common challenges together;
Amendment 33 #
2019/2170(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the country has to recover from the widespread damage caused by the 26 November 2019 earthquake and the COVID-19 pandemic; boost preparedness for civil protection and disaster response and advance preparations for joining the Union Civil Protection Mechanism;
Amendment 34 #
2019/2170(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the EU has mobilised grants worth €115 million for the post- earthquake rehabilitation and reconstruction within the €400 million European support pledge;
Amendment 36 #
2019/2170(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the EU mobilised €51million to assist Albania in tackling COVID-19 and made available up to €180 million in macro-financial assistance;
Amendment 39 #
2019/2170(INI)
Motion for a resolution
Recital D e (new)
Recital D e (new)
De. whereas the EU is Albania’s biggest trading partner and the largest donor, and the country has benefited from €1.25 billion in EU pre-accession funding since 2007;
Amendment 41 #
2019/2170(INI)
Motion for a resolution
Recital D g (new)
Recital D g (new)
Dg. whereas the Economic and Investment Plan for the Western Balkans will facilitate a long-term recovery, following the COVID-19 pandemic, supporting the economic development and reforms in the region;
Amendment 43 #
2019/2170(INI)
Motion for a resolution
Recital D h (new)
Recital D h (new)
Dh. whereas Albanian citizens enjoy visa-free travel to the Schengen area since December 2010;
Amendment 44 #
2019/2170(INI)
Motion for a resolution
Recital D i (new)
Recital D i (new)
Di. whereas since 2015 Albanian citizens participate in student, academic and youth exchanges under Erasmus+;
Amendment 45 #
2019/2170(INI)
Motion for a resolution
Recital D j (new)
Recital D j (new)
Dj. whereas the EU remains fully committed to supporting Albania’s strategic choice for European integration, based on the rule of law and good neighbourly relations;
Amendment 46 #
2019/2170(INI)
Motion for a resolution
Recital D k (new)
Recital D k (new)
Dk. whereas Albania remains a trustworthy foreign policy partner, advancing regional cooperation and good neighbourly relations;
Amendment 69 #
2019/2170(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers the appointment of the Chief Negotiator and the negotiating team, along with the adoption of the action plan to address the conditions and priorities set by Council’s conclusions of March 2020, to be a sign of a clear political commitment to advance the EU integration process;
Amendment 73 #
2019/2170(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages political leaders to create a climate of confidence by increasing transparency and overcoming the lack of dialogue and expresses its serious concern about the polarised political climate and lack of sustainable cross-party cooperation that continue to hamper the democratic process;
Amendment 75 #
2019/2170(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on public institutions to be proactive and make information publicly and timely available to civil society, media and the general public, particularly when related to issues of high public interest;
Amendment 94 #
2019/2170(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the importance of ensuring that preparations for the 2021 parliamentary elections take place in a transparent and inclusive manner;
Amendment 95 #
2019/2170(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Notes that all political forces, state bodies, civil society and the media have a joint duty to ensure a transparent, credible and objective election campaign, free from disinformation, intimidation and false accusations;
Amendment 97 #
2019/2170(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges Albania to improve intra- governmental co-ordination, decentralisation under the territorial administrative reform, to advance public consultations at local level and advance with public administration reform;
Amendment 101 #
2019/2170(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls the paramount importance of safeguarding the rule of law through implementation of judicial overhaul and a steady and consistent prosecution of high- level corruption;
Amendment 105 #
2019/2170(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages Albania to complete the relevant steps towards re-establishing the Constitutional Court’s ability to function fully and efficiently, as well as to make sure the Appeals Court does not stop operating and urges all involved to swiftly conclude the appointment process;
Amendment 112 #
2019/2170(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the fact that the High Court has regained its ability to function and that it has been reviewing more than a thousand cases, and encourages it to make further progress in the appointment of additional judges and to develop a plan to recover its backlog;
Amendment 119 #
2019/2170(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls the need to improve transparency and control of political party funding under the amended Law on Political Party Financing;
Amendment 122 #
2019/2170(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Notes the importance of effectively implement the recommendations of the Albanian Supreme State Audit Institution;
Amendment 133 #
2019/2170(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Expresses its support for inclusive policies and calls for progress to be made in adopting measures to effectively protect the fundamental freedoms and rights of all citizens, with a special focus on women, children, persons with disabilities, ethnic minorities and LGBTQI+ persons;
Amendment 135 #
2019/2170(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes that the National Action Plan for LGBTI Issues 2016-2020 has expired; Calls on the government to develop the new action plan in a transparent and inclusive process in consultation with civil society and ensure appropriate resources are assigned for its implementation;
Amendment 140 #
2019/2170(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Welcomes the decision to eliminate the unacceptable "conversion therapy", strengthening the right to gender identity and gender expression;
Amendment 146 #
2019/2170(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for the creation of an effective mechanism for the prevention of gender- based and domestic violence and harassment, exacerbated by the COVID- 19 pandemic, and for protection and support to be given to its victims, combined with the effective and efficient prosecution of its perpetrators;
Amendment 150 #
2019/2170(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reminds Albania of its calls for further improvements to be made in the education and health, and the employment rates and living conditions of Roma and other ethnic minorities; welcomes the 2019 Poznan Declaration on Roma Integration within the EU Enlargement Process, urges the authorities to advance Roma integration policies in line with the EU Roma strategic framework;
Amendment 152 #
2019/2170(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reminds Albania of its calls forto ensure non-discriminatory access to public services and further improvements to be made in the education and health, and the employment rates and living conditions of Roma and other ethnic minorities;
Amendment 153 #
2019/2170(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reminds Albania of its calls for further improvements to be made in the education and health, and the employment rates and living conditions of Roma, Egyptians and other ethnic minorities;
Amendment 159 #
2019/2170(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of measures ensuring the protection of national minorities, including self-identification, the use of languages and property rights; Welcomes in this context the adoption of the law on the population census;
Amendment 163 #
2019/2170(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages Albania to make further progress on measures consolidating property registration, restitution and compensation rights, implementing the law on transitional ownership, and completing the comprehensive land sector reform;
Amendment 166 #
2019/2170(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes Albania’s efforts in promoting tolerance, inter-religious harmony and addressing prejudice and discrimination, including antisemitism, as affirmed by the parliamentary approval of the International Holocaust Remembrance Alliance’s definition of anti-Semitism;
Amendment 169 #
2019/2170(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the authorities to ensure that the right to peaceful assembly is respected, and during state of emergency or state of natural disaster the restrictions to public gatherings are applied fairly;
Amendment 172 #
2019/2170(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recalls the authorities’ obligation to ensure due process for asylum seekers in compliance with Albania’s international obligations, and to properly address the needs of refugees, asylum seekers and migrants, while increasing preparedness for potential increases in migratory flows; calls for increased capacities to process asylum requests and investigations into the reported cases of breaches of the return procedures;
Amendment 177 #
2019/2170(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that border protection and the prevention of cross-border crime, including in cooperation with the European Border and Coast Guard Agency (Frontex), must be conducted in full respect for fundamental rights, enshrined in applicable international and regional laws and principles;
Amendment 180 #
2019/2170(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the ongoing efforts being made and urges the authorities to take a robust approach in preventing, investigating, prosecuting and punishing human trafficking and the exploitation of its victims, who include children and other vulnerable groups, to increase reintegration services and ensure witness protection;
Amendment 184 #
2019/2170(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes the ongoing measures and calls for further progress to be made in considerably reducing the number of unfounded asylum claims by Albanian nationals, including the arrivals of unaccompanied minors, in the EU Member States; notes that Albania continues to fulfil visa liberalisation benchmarks;
Amendment 185 #
2019/2170(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Notes the importance of addressing allegations of police misconduct and to eradicate ill-treatment of suspects and prisoners;
Amendment 187 #
2019/2170(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Underlines the need to improve the climate for the functioning of civil society and urges the authorities to ensure meaningful, timely and representative consultations, and to enhance throughout the decision- making at different governance levels and to enhance the legal and fiscal framework, improving the financial sustainability of the non-governmental sector;
Amendment 189 #
2019/2170(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Stresses the importance of consultation and participation of civil society organizations on the regular function of society; Notes that this involvement is of paramount importance to the participation of citizens in the life of the country;
Amendment 190 #
2019/2170(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recalls the importance of ensuring quality journalism and media literacy for the functioning of democracy and in tackling disinformation, hate speech and fake-news; stresses the importance of increasing the levels of media literacy in Albania;
Amendment 193 #
2019/2170(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Underlines the need to strengthen self-regulation, ethics, independence, impartiality, financial sustainability and reporting quality of public and private media outlets and to enhance transparency of the media ownership, funding and public advertising; notes the need to improve labour and social conditions of the media professionals in order to ensure quality journalism;
Amendment 198 #
2019/2170(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Expresses grave concern about the proposed measures under the draft media law and welcomes the commitment to adopt amendments only if they are publicly shared in a consultation process with civil society, journalists and media organisations and assessed as being fully in line with the Venice Commission’s recommendations;
Amendment 205 #
2019/2170(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Encourages the Albanian Government to prioritise measures aimed at mitigating the socio-economic impact of the COVID-19 pandemic, with particular consideration for marginalised and vulnerable groups such as Roma, Egyptians and the LGBTQI+ community, while taking further steps to enhance the representativeness of the social dialogue and to tackle the widespread informal economy;
Amendment 206 #
2019/2170(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Encourages the Albanian Government to prioritise measures aimed at mitigating the socio-economic impact of the COVID-19 pandemic, while taking further steps to improve diversification, competitiveness, and digitalisation, enhance the representativeness of the social dialogue and to tackle the widespread informal economy;
Amendment 209 #
2019/2170(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Stresses the need to substantially strengthen social care coverage and improve access to social and healthcare services in order to reduce the risk of poverty and social exclusion;
Amendment 212 #
2019/2170(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls for the measures addressing the demographic decline and the brain drain to be stepped up through active labour market policies that address skills mismatches and reduce long-term unemployment, as well as by addressing problems relating to housing and access to education;
Amendment 213 #
2019/2170(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls for the measures addressing the demographic decline and the brain drain to be stepped up through active labour market policies that address skills mismatches and reduce long-term unemployment, particularly among the youth and the most excluded/marginalised groups;
Amendment 216 #
2019/2170(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Welcomes the positive trends in women’s participation in politics, and calls for additional steps to address thegender imbalances, gender pay gap and workplace discrimination;
Amendment 217 #
2019/2170(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Recalls that sustainable growth depends on eradication of endemic corruption, improved transparency, legal certainty and efficiency, fair competition and reduction of bureaucracy;
Amendment 218 #
2019/2170(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40b. Calls for adequate co-financing and further improvements in transparency and visibility of the EU funding;
Amendment 220 #
2019/2170(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40b. Stresses that the EU Investment Plan for the Western Balkans should play an important role on the fight against the demographic decline and the brain drain, developing tools to address this problem;
Amendment 223 #
2019/2170(INI)
Motion for a resolution
Paragraph 41 b (new)
Paragraph 41 b (new)
41b. Underlines that planning and construction of eco-sensitive projects, including hydropower, industrial and tourist sites, must be conducted under a broad country-wide stakeholder consultation with the civil society and local communities and must comply with international and EU norms on impact assessments and environmental protection;
Amendment 228 #
2019/2170(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Encourages the diversification of energy production, moving from hydropower towards wind and solar sources; urges the authorities to minimise the impact on biodiversity by restricting hydropower development in protected areas, in particular the Valbona and Vjosa rivers; underlines the need to improve both environmental and impact assessments and strategic environmental assessment across eco-sensitive sectors and boost the prosecution of environmental crimes; highlights that new renewable energy sources should be supported in a cost- efficient manner;
Amendment 229 #
2019/2170(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Recalls the need to overhaul the Fierza Hydro Power Plant and construct the Skavica Hydro Power Plant;
Amendment 233 #
2019/2170(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Invites the country to make its power exchange operational and to continue the progress of market opening, unbundling of distribution system operators and market coupling in electricity;
Amendment 234 #
2019/2170(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Urges the authorities to ensure full compliance with the Energy Community Treaty; underlines the contribution of the newly launched trans-Adriatic pipeline, and upcoming connection of the converted Vlora thermal plant, to regional energy security;
Amendment 238 #
2019/2170(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Invites the authorities to adopt without delay the draft Climate Change Law and the law and decision on a mechanism for monitoring and reporting of greenhouse gas emissions; requests the accelerated finalization of the draft integrated National Energy and Climate Plan for review by the Energy Community Secretariat;
Amendment 240 #
2019/2170(INI)
Motion for a resolution
Paragraph 43 b (new)
Paragraph 43 b (new)
43b. Stresses the need to put in place an appropriate carbon price as a means for effective decarbonisation in line with the European Green Deal and the political commitments made in the Sofia Declaration of 2020;
Amendment 241 #
2019/2170(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for continuing progress in strengthening strategic transport networks in line with the trans-European transport network (TEN-T) regulatory framework and advance work on the Albanian sections of the “Blue Highway“;
Amendment 242 #
2019/2170(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Recalls the need to complete the railway sector reforms and advance the Tirana-Podgorica-Durrës rail connection;
Amendment 243 #
2019/2170(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Recalls the need to complete the electricity market reform and put in place Bitola-Elbasan electricity interconnector with North Macedonia;
Amendment 245 #
2019/2170(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Recalls the need to prioritise setting up of an integrated regional waste management system, promote recycling, close hazardous dumpsites, address deforestation, step-up water quality monitoring and wastewater treatment capacities and strengthen the capacities of the agencies on environment and protected areas;
Amendment 257 #
2019/2170(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Recalls that regional cooperation should be underpinned by respect for fundamental European values and a common future in the EU;
Amendment 258 #
2019/2170(INI)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48a. Calls upon all political leaders to take urgent steps to set up the Regional Commission tasked with establishing the facts about all victims of war crimes and other serious human rights violations committed on the territory of the former Yugoslavia (RECOM), building upon the significant work carried out by the Coalition for RECOM;
Amendment 263 #
2019/2170(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Welcomes Albania’s ongoing full alignment with the common foreign and security policy decisions and declarations since 2012 and its active contribution to the EU crisis management missions and operations; urges Albania to comply with the EU position on the jurisdiction of the International Criminal Court;
Amendment 17 #
2019/2167(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the EEAS, the Commission and the EU Member States to systematically integrate gender mainstreaming into the EU’s foreign and security policy; calls on the EEAS and the European Commission to implement gender budgeting;
Amendment 22 #
2019/2167(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need of implementation of the “EEAS Strategy on Gender and Equal Opportunities for the period 2018-2023”;
Amendment 28 #
2019/2167(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the VP/HR to make substantial and highly visible progress on gender equality in terms of leadership and management, staffing, training, financial resources and organisational hierarchy; calls in this regard for mandatory training on gender equality; underlines the need of incorporating gender-related aspects in the training of staff of the EU diplomatic services;
Amendment 48 #
2019/2167(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the VP/HR to ensure that the Heads of EU Delegations abroad have a formal responsibility to ensure that gender equality is mainstreamed throughout all aspects of the Delegation’s work and are required to report on it; further calls on the VP/HR to ensure that there is one full-time gender focal point in the EU Delegations; deplores the fact that there are no women among the new Deputy Secretaries- General appointed by VP/HR;
Amendment 51 #
2019/2167(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates that only 22 out of 176 employees in the European Union Military Staff (EUMS) are female, of which 12 serve as secretaries or assistants;
Amendment 52 #
2019/2167(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls that the European Commission announced in its Gender Equality Strategy 2020-20251a its objective to reach gender balance of 50% at all levels of its management by the end of 2024; urges the VP/HR to start implementing Commission’s recommendations in this regard; __________________ 1ahttps://eur-lex.europa.eu/legal- content/EN/TXT/?uri=COM%3A2020%3 A152%3AFIN
Amendment 60 #
2019/2167(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that not a single one of the 12 civilian CSDP missions is headed by a woman; calls on the VP/HR to draw up a gender equality strategy for CSDP missions with specific targets;
Amendment 117 #
2019/2167(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines the necessity of ensuring that automated decision-making methods, including AI algorithms in the area of EU’s foreign and security policy, are void of profiling biases, especially based on gender;
Amendment 187 #
2019/2157(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges the crucial climate benefits of forests and the forest-based sector; highlights the need to increase CO2 sequestration in forests to a level which enables sustainable management of all forest functions, carbon storage in wood- based products and the substitution of fossil-based materials and energy;
Amendment 241 #
2019/2157(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the crucial role of forests, the forest-based sector and the bioeconomy in achieving the goals of the European Green Deal; stresses that achieving the EU’s environmental and climate goals will never be possible without multifunctional, healthy and sustainably managed forests and viable industries; encourages, in addition, actions to increase forest cover in those Member States where forest cover is low, and in other Member States the preservation of forest cover in areas with accentuated ecological functions;
Amendment 336 #
2019/2157(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that due to climate change, natural disturbances such as droughts, floods, storms, pest infestations, erosion and fires will occur more frequently, causing damage to forests in the EU; emphasises, in this context, the need to better prevent such events by making forests more resilient, for example by adapting forest management, through research and innovation and by offering better support mechanisms for affected areas and properties so they can be restored;
Amendment 360 #
2019/2157(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses the need to promote and strengthen close-to-nature forest management, which is based on the stewardship of forests, ensuring their preservation, increasing the diversity of native plant and animal species and establishing a biotic equilibrium (e.g. the good practice of the Slovenian Forestry School), but notes that this forest management method also requires financial incentives;
Amendment 7 #
2019/2125(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the EU Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, adopted on 24 June 2013,
Amendment 30 #
2019/2125(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the Yogyakarta Principles (‘Principles and State Obligations on the Application of International Human Rights Law in Relation to Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics’) adopted in November 2006, and the 10 complementary principles (‘plus 10’) adopted on 10 November 2017,
Amendment 51 #
2019/2125(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
– having regard to its resolution of 14 February 2018 on the future of the LGBTI List of Actions (2019-2024) (2019/2573(RSP)),
Amendment 94 #
2019/2125(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its deep concern at the attacks on democracy and the rule of law worldwide in 2018, which reflect the rise of authoritarianism as a political project, embodying disregard for human rights, repression of dissent, politicised justice and predetermined elections, shrinking space for civil society to operate, as well as limiting freedom of assembly and freedom of expression; is of the opinion that countries falling into authoritarian regimes become more vulnerable to instability, conflict, corruption and violent extremism; welcomes the fact that, at the same time, a number of countries have launched peace and democratisation processes, implemented constitutional and judicial reforms, and engaged with civil society in open and public debates with the objective of promoting fundamental freedoms and human rights, including the abolition of the death penalty;
Amendment 103 #
2019/2125(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds that there can be no hierarchy of human rights; stresses the need to ensure full respect for, and adherence to, the principle that human rights are universal and inalienable, indivisible, interdependent and interrelated; stresses the severe unacceptability of attempts to use the rights of certain groups to justify the marginalisation of others;
Amendment 145 #
2019/2125(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that respecting and promoting the rights of the child, fighting against all manifestations of abuse, neglect, mistreatment, the trafficking and exploitation of children, including the use of child soldiers in armed conflict, and providing children with care and education are crucial to the future of humanity;
Amendment 154 #
2019/2125(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Draws attention to instances of persecution and discrimination based on ethnicity, nationality, class, caste, religion, belief, language, sexual orientation, gender identity, sex characteristics and age, which remain rife in many countries and societies; is seriously concerned at the increasingly intolerant and hate-filled responses targeting people who are the victims of these human rights violations;
Amendment 174 #
2019/2125(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that freedom of speech and expression, as well as media pluralism, are at the heart of resilient democratic societies; urges that the best possible safeguards against hate speech, disinformation campaigns and hostile propaganda be put in place by developing a legal framework both at EU and international level for tackling hybrid threats, including cyber and information warfare;
Amendment 202 #
2019/2125(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights that trade and human rights reinforce each other, and that the business community has an important role to play in offering positive incentives in terms of promoting human rights, democracy and corporate responsibility; reminds the Commission and the European External Action Service (EEAS) of the need to make effective use of human rights clauses within international agreements, based on political dialogue, the regular assessment of progress and recourse to the consultation procedure upon request from a party; requests that robust implementation and monitoring mechanisms of human rights clauses be put in place, involving Parliament, national and local civil society and relevant international organisations, as well as establishing a complaints mechanism for groups of citizens and stakeholders who are affected by human rights violations;
Amendment 239 #
2019/2125(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the link between the increase in human rights violations and widespread impunity and the lack of accountability in regions and countries devastated by conflicts or marked by politically motivated intimidation, discrimination, harassment and assault, abduction, violent policing, arbitrary arrests and cases of torture; stresses also that in conflicts, minorities and marginalised groups are often particularly severely impacted;
Amendment 278 #
2019/2125(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses the invaluable and essential role that HRDs play at the risk of their lives; recommends strengthening cooperation between the EU institutions and the Member States, enabling them to provide continuous support to HRDs; values the ‘ProtectDefenders.eu’ mechanism established to protect HRDs at grave risk; calls on the Council and the Commission to establish a specific coordinated procedure for awarding visas to HRDs; calls on the Commission to make full use of the financial capacity of the European Instrument for Democracy and Human Rights (EIDHR) to support HRDs, ensuring it is accessible and reaches those most in need, who are most marginalised;
Amendment 331 #
2019/2125(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for new EU initiatives to prevent and combat child abuse in the world, to rehabilitate conflict-affected children and children that suffer from multiple and intersectional discrimination, and to provide them with a sheltered environment in which care and education are fundamental; calls for the EU to initiate an international movement to advocate the rights of the child, inter alia by organising an international conference on the protection of children in fragile environments;
Amendment 347 #
2019/2125(INI)
Motion for a resolution
Subheading 8 a (new)
Subheading 8 a (new)
Rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons
Amendment 356 #
2019/2125(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Strongly supports the Commission List of actions to advance LGBTI equality and the Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex persons for external action from 2013, as important elements of the EU’s ongoing efforts to improve the human rights of LGBTI people, in line with the 2030 Sustainable Development Goals; calls on the Commission/EEAS to continue the work on protecting and furthering the human rights of LGBTI people, by working closely with international organisations and non-EU countries, in order to combat discrimination and human rights violations, as well as support the development of legislation and policies protecting the human rights of LGBTI people worldwide;
Amendment 476 #
2019/2125(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses that the EU should continue to actively support democratic and effective human rights institutions and civil society in their efforts to promote democratisation; reminds that human rights are a fundamental corner stone of democratisation processes; positively notes, in this context, the European Endowment for Democracy’s consistent engagement in the eastern and southern neighbourhoods of the EU to promote democracy and respect for fundamental rights and freedoms; recalls that the experience gained and the lessons learned from transitions to democracy in the framework of the enlargement and neighbourhood policies could make a positive contribution to the identification of best practices that could be used to support and consolidate other democratisation processes worldwide;
Amendment 6 #
2019/2064(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the EEAS to implement gender budgeting in all public expenditure;
Amendment 7 #
2019/2064(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Recalls that gender mainstreaming is the (re)organisation, improvement, development and evaluation of policy processes, so that a gender equality perspective is incorporated in all policies at all levels and at all stages, by the actors involved in policy-making;
Amendment 11 #
2019/2064(DEC)
3. Notes the remaining gender and geographical imbalances within the EEAS staff, despite positive trends in recent years; reiterates the importance of ensuring a balanced distribution of staff in terms of gender and geographical origin within different categories and grades, particularly at middle and senior management levels; highlights the fact that only the improvement of the geopolitical and gender balance in the EEAS can assure our European ownership of foreign action; points also to the overrepresentation of Member States’ diplomats among Heads of Delegation; calls for further efforts to address these imbalances;
Amendment 13 #
2019/2064(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Highlights the importance of the flagship project of the European External Action Service’s East StratCom Task Force - EU vs. Disinfo in the fight against disinformation, propaganda and foreign influence on our geopolitical scene.
Amendment 36 #
2018/2149(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out, however, the slow pace in implementing fundamental reforms, caused by a lack of cross-party consensus; condemns the obstructive behaviour of some parliamentarians, including the use of teargas; notes that this has adversely affected the ability of the assembly and the government to deliver sustained reforms;
Amendment 71 #
2018/2149(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. WNotes that corruption and organised crime remain an issue of concern that required concerted efforts to be tackle in a comprehensive and strategic manner; welcomes the initial progress made in strengthening the track record on the investigation and prosecution of high- level corruption and cases of organised crime; calls for sustained efforts under the obligations of the EU accession process;
Amendment 97 #
2018/2149(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that visa liberalisation must be coupled with sustainedWelcomes the Commission's announcement that Kosovo has made sufficient progress with regard to the accomplishments in fighting organised crime and corruption, along with clear efforts to tackle irregular migration flows and to bring down the number of unfounded asylum claimsnd that this means that all the conditions for EU visa liberalisation are now fulfilled; welcomes the adoption by the European Parliament of the Commission's proposal to lift visa requirements for Kosovo citizens; calls the Council to swiftly adopt its mandate to move forward towards the adoption of a visa-free regime;
Amendment 140 #
2018/2149(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Regrets that minorities, such us Roma, Ashkali, and Egyptians continue to face problems acquiring personal documents, affecting their ability to access health care, social assistance, and education; highlights that the implementation of the strategy adopted in 2016 for the integration of Roma, Ashkali, and Egyptian communities was insufficient;
Amendment 175 #
2018/2149(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Regrets that five Member States have not yet recognised Kosovo; stresses that recognition would be beneficial to the normalisation of relations between Kosovo and Serbia and increase the EU’s credibility in its own external policy;
Amendment 183 #
2018/2149(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls Serbia and Kosovo to continue the engagement in their high- level dialogue started in 2011; recalls that this dialogue is important to reach a legally binding agreement on normalisation of relations and mutual recognition, leading both countries towards European integration;
Amendment 64 #
2018/2146(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of the presidential elections on 2 April 2017 and calls on the authorities to ensure that standards for free and fair elections are in line with international standards; welcomes the general conduct of the elections; calls on the authorities to fully address the recommendations of the OSCE/ODIHR election observation mission;
Amendment 108 #
2018/2146(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges some progress has been made in the fight against organised crime; calls on Serbia to establish a convincing track record of investigations, prosecutions and convictions in organised crime cases, including money laundering, based on proactive investigations; calls on Serbia to focus on the implementation of the action plan agreed with the Financial Action Task Force (FATF); draws attention to the rising number of criminal assaults, often with lethal consequences, across the country;
Amendment 126 #
2018/2146(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes with concern the lack of transparency in the financing of political parties and election campaigns; stresses that funding of political parties needs to be transparent and in accordance with international standards;
Amendment 128 #
2018/2146(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes with concern that the number of slanders and libels against opposition politicians and government critics, as well as members of their families, remains worryingly high; call on the government officials to refrain from the use of these practices;
Amendment 154 #
2018/2146(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Welcomes the announcement of the government of the creation of an Ombudsman for children; urges the government to adopt a national action plan for children; welcomes the development of a new Strategy for the Prevention and Protection of Children from Violence and urges the government to adopt it;
Amendment 155 #
2018/2146(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Expresses its concern about the fact that the current austerity measures impact the quality and efficiency of services provided to groups in vulnerable situation, including children; urges the government to adopt a national strategy on persons with disabilities which includes also children with disabilities;
Amendment 162 #
2018/2146(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its concern that no progress has been made to improve the situation regarding freedom of expression and of the media; stresses that threats, violence and intimidation against journalists remain an issue of concern; notes, in this regard, that while several cases have been solved and some criminal charges have been filed, convictions are still rare; expresses concern about financial pressure on independent media through in-bad-faith inspections, control of state institutions' advertising, discontinuation of or imposing disproportionately high penalty for some media outlets; calls upon the highest state officials to be consistent in public condemnation of any form of intimidation of journalists, national judiciary to react in accordance with the law and state officials at all levels to refrain from such behaviour; calls on the authorities to investigate and prosecute any cases of attacks against journalists and media outlets; calls for the full implementation of media laws and the strengthening of the independence of the country’s Regulatory Body for Electronic Media; welcomes the renewed efforts to adopt a media strategy to create a pluralistic media environment, and stresses, in this regard, the importance of a transparent and inclusive consultation with stakeholders; underlines the need for complete transparency in media ownership and funding;
Amendment 223 #
2018/2146(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes Serbia’s continued engagement in the normalisation process with Kosovo, and its commitment to the implementation of the agreements reached in the EU- facilitated dialogue; welcomes that President Vučić has launched an internal dialogue on Kosovo; reiterates its call to move forward with the full implementation, in good faith and in a timely manner, of all the agreements already reached including the ones on energy and to determinedly continue the normalisation process; highlights the importance of creating an association / community of Serb majority municipalities; stresses that the work on a new phase of the dialogue with a view to a comprehensive normalisation of relations between Serbia and Kosovo, to be defined in a legally binding agreement, needs to be accelerated; reiterates its call on the EEAS to carry out an evaluation of the performance of the sides in fulfilling their obligations; calls on Serbian officials to refrain from causing tensions by crossing the border between Serbia and Kosovo without permission; unequivocally condemns the killing of Kosovo Serb politician Oliver Ivanović; considers his murder to be a major blow to the constructive and moderate voices in the Kosovo Serbian community; stresses, as a matter of urgency, the need for genuine cooperation between Kosovar and Serbian investigators and for international support, so that both the perpetrators of the killing and those who ordered it are swiftly brought to justice;
Amendment 237 #
2018/2146(INI)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Social dialogue, trade union rights and labour relations
Amendment 238 #
2018/2146(INI)
Motion for a resolution
Subheading 6 b (new)
Subheading 6 b (new)
Recalls that one of the pillars of the European social model is social dialogue, a fundamental tool for advocating the rights of all citizens, and that trade union rights including the right to strike should be respected in line with international standards. Regular consultation between the government and social partners is instrumental in the prevention of social tension and conflict, particularly during economic crisis and transformation processes, as well as for advancing the technology and workers qualification necessary for the socio-economic development of any European community;
Amendment 239 #
2018/2146(INI)
Motion for a resolution
Subheading 6 c (new)
Subheading 6 c (new)
Underlines that it is essential for social dialogue to go beyond the exchange of information, and interested parties should be consulted on important laws before they enter parliamentary procedure. Therefore, calls on the Serbian authorities to strengthen the capacity of social partners and make full use of the problem-solving potential of social dialogue, facilitate joint meetings and foster a culture of mutual understanding; recalls that labour market policies will have to tackle persistent unemployment, the rise of atypical and precarious jobs and the integration of employees of former state-owned companies; regrettably, the trade union movement in Serbia is fragmented, often confined to the public sector only, and its members face a number of difficulties in negotiating and concluding collective agreements with employers;
Amendment 35 #
2018/2103(INI)
Motion for a resolution
Recital B
Recital B
B. whereas women and girls in the EU experience structural gender inequality in a variety of forms and in a range of settings – including gender discrimination, gender- based violence and misogynistic hate speech – which severely limits their ability to enjoy their rights and to participate on an equal footing in society; whereas in 2017, the #MeToo movement raised awareness of the scale and intensity of the sexual harassment and sexual and gender- based violence women face; whereas in recent years reports have pointed out a growing backlash against women’s rights and gender equality in the EU;
Amendment 81 #
2018/2103(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas Brexit negotiations are ongoing but already impact directly the lives of millions of European citizens, especially EU nationals’ resident in the UK and UK citizens living in the EU27; whereas safeguarding fundamental rights of people should be as equally important as other aspects in these negotiations;
Amendment 83 #
2018/2103(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. Whereas the UNHCR reported serious human rights violations in its “position on returns to Libya” of September 2018, such as arbitrary detention, abductions, enforced disappearances, torture, rape and other forms of sexual violence against women and men, unlawful killings including summary executions;
Amendment 91 #
2018/2103(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes with concern that the 2017 FRA paper entitled ‘Challenges to women’s human rights in the EU’ confirms that women and girls experience persistent gender discrimination, sexist hate speech, and gender-based violence in the EU, which severely limits their ability to enjoy their rights and to participate on an equal footing in society; whereas the report published in March 2014 by the European Union Agency for Fundamental Rights entitled ‘Violence against women: an EU- wide survey’ shows that one-third of all women in Europe have experienced physical or sexual acts of violence at least once during their adult lives, 20 % have experienced online harassment, one in twenty have been raped and more than one-tenth have suffered sexual violence involving the use of force;
Amendment 96 #
2018/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls in this regard on EU Member States to consider six main areas of intervention to step up their commitment to safeguarding the dignity and rights of women and girls, as suggested in the FRA report : empowering equality bodies to deal with the entire range of issues that impacts on women’s rights, from gender equality to violence against women; improving safety online; promoting gender equality in education and life-long learning more effectively; introducing gender quotas as a bold step towards positive action; mainstreaming gender equality in the coordination of economic policies across the EU through the European Semester; improving data collection and dissemination of knowledge onin order to eradicate all forms of discrimination and violence against women and girls; Calls for gender equality strategy and its mainstreaming to become part of the European Semester;
Amendment 103 #
2018/2103(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the signing of the EU’s accession to the Istanbul Convention on 13 June 2017, despite the limitation to only two mandates; regrets that, to date, only 19 Member States have ratified the Convention and calls on the remaining Member States to do so without delay; regrets that in some Member States, discussions around the ratification of the Istanbul Convention have been accompanied by campaigns against perceived gender ideology; points out that campaigns against perceived gender ideology go against principles of universal human rights and are harmful to society at large; recognises that when it comes to determining European standards for the protection of women againstagainst gender-based violence, the Istanbul Convention is the most important point of reference; calls on the Council to swiftly agree on the Code of Conduct, which will govern the implementation of the Convention by the EU;
Amendment 105 #
2018/2103(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the signing of the EU’s accession to the Istanbul Convention on 13 June 2017, despite the limitation to only two mandates namely the first comprehensive legally binding instrument on preventing and combating violence against women and gender-based violence, including domestic violence, at international level; regrets that, to date, only 1920 Member States have ratified the Conventionit, to date and calls on the remaining Member States to do so without delay; recognises that when it comes to determining European standards for the protection of women against violence, the Istanbul Convention is the most important point of reference; calls on the Council to swiftly agree on the Code of Conduct, which will govern the implementation of the Convention by the EUurges Member States and the Council Presidency to speed up the EU ratification process;
Amendment 111 #
2018/2103(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. ExpStresses concern about the risk of misogyny in European societies and its that sexism and gender stereotypes, that have led to domination over and discrimination against women, have a severe impact on women’s fundamental rights in all spheres of life; calls on Member States to address the key obstacles to gender equality in economic empowerment and political participation, including sexual harassment which hampers women’s full participation in the labour market; highlights the fact that gender stereotypes must be tackled from an early age to effectively address the under- representation of women in work, decision making and politics; calls on Member States to appropriately address this issue in school curriculaeducation at all levels and for all ages on equality between women and men, on non-stereotyped gender roles and on the respect for personal integrity is required to effectively address all forms of discrimination; calls on Member States to appropriately address this issue in school curricula; deplores that women still suffer from inequalities at work, such as lower participation rates in employment, the pay gap, the greater incidence of part-time employment, poorer pension entitlements, career segregation and poorer levels of progression; structural barriers to women’s economic empowerment are the result of multiple and intersecting forms of inequalities, stereotypes and discrimination in the private and public spheres;
Amendment 116 #
2018/2103(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Strongly condemns all forms of violence against women (VAW) and therefore calls, once again, the Commission to propose a Directive that introduces common definitions and legal standards on criminalizing VAW with dissuasive sanctions for perpetrators, including measures to tackle effectively sexual harassment and violence in public spaces, at workplace, offline and online; calls on Member States to offer victims full support to report cases of violence against women safely and without fear of consequences, and to ensure appropriate training for professionals dealing with the victims; notes that cases of obstetric violence are more and more reported and that this issue should also be addressed by Member States, in full cooperation with adequate partners such as physicians’ and gynaecologists’ unions and organisations, hospitals and universities;
Amendment 121 #
2018/2103(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages EU Member States to take effective sSupports demonstrations that took place in several Member Stateps to respect and protect women’sin2017, following retrogressions related to sexual and reproductive health rights, including a range of civil, political, economic, social and cultural rights, including the rights to life, to health, to be free from torture and ill-treatment, to privacy, equality and non-discrimination; recand strong mediatisation of sexual harassment cases; strongly affirms that the denial of sexual and reproductive health and rights services, including safe and legal abortion, is a form of violence against women and girls; reiterates that women and girls must have control over their bodies and sexualities; calls on alls thate Member States have the obligation, under international human rights law, to provide all women with accessible, affordable, good quality sexual and reproductive healthcare and services; notes that this should include the elimination of laws, policies and practices that infringe upon these rights as well as the pto guarantee comprehensive sexuality education, ready access for women to family planning and the full range of reproductive and sexual health rights services, including modern contraception and safe and legal abortion; calls every Member State to refrain from adopting any legislative reform that would amount to a retrogression of already restrictive legislation on women’s access to safe and legal abortion; strongly reaffirms its support for women’s rights organisations, as they have revcention of the erosion of existingly been the target of legal protsecutions; ;
Amendment 131 #
Amendment 132 #
2018/2103(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Regrets the fact that LGBTI people keep experiencing bullying, harassment and violence, and suffer multiple discrimination indifferent aspects of their lives;
Amendment 133 #
2018/2103(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Condemns firmly the promotion and the practice of LGBTI conversion therapies and pathologisation of trans and intersex identities; urges all Member States to adopt similar measures that respect and uphold the right to gender identity, gender expression, physical integrity and self-determination;
Amendment 134 #
2018/2103(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Regrets that non-consented sex normalising treatments on intersex people, especially children, are only prohibited in two EU countries to this date; calls on all Member States to adopt legislation prohibiting intersex genital mutilations as soon as possible;
Amendment 135 #
2018/2103(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Calls upon the Commission to hold Member States accountable over national legal gender recognition provisions that pose barriers for trans people’s EU citizenship rights and freedoms, such as freedom of movement, equal access to goods and services and the labour market, notably accessing legal gender recognition, such as the obligation to divorce, forced sterilisation, a mental health diagnosis and other degrading requirements;
Amendment 136 #
2018/2103(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Reiterates the importance of making accessible, quality healthcare a reality for trans people and calls upon Member States to end gender identity related discrimination in accessing healthcare services and insurance coverage; to this end, calls upon the Commission to study discriminatory practices by insurance providers and support Member States in their efforts develop and implement quality trans- specific healthcare that is based on informed consent and accessible without discrimination on grounds of sexual orientation, age, ethnicity, ethnicity, HIV status or economic means; calls upon Member States to ensure HIV prevention, education, testing and treatment measures recognise trans women and trans men respectively as particularly vulnerable target groups;
Amendment 137 #
2018/2103(INI)
Motion for a resolution
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Is concerned over the continuous experiences of gender-based stigma, violence and discrimination by LGBTI people and the lack of knowledge and interventions by law enforcement authorities particularly towards trans people and marginalised LGBTI people; reminds that combating violence related to the gender identity, gender expression, sex characteristics or sexual orientation of a person falls in the EU gender-based violence remit; calls upon the Commission to mainstream gender identity perspective in it; calls upon Member States to combat impunity in anti-trans crimes as a threat to the rule of law on the one hand, and develop together with civil society effective measures protecting trans people effectively against stigma, discrimination and violence;
Amendment 138 #
2018/2103(INI)
Motion for a resolution
Paragraph 5 g (new)
Paragraph 5 g (new)
5g. Welcomes the implementation of some actions contained in the list of actions by the Commission to advance LGBTI equality (2014-2019); calls on the European Commission to renew an ambitious multi-annual list for the period 2019-2024 in close cooperation with civil society organisations working in this field;
Amendment 147 #
2018/2103(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that Article 19 of the Universal Declaration of Human Rights, Article 19 of the International Covenant on Civil and Political Rights and Article 13 of the Convention on the Rights of the Child1 of the Charter of Fundamental Rights enshrine every individual’s right to hold opinions without interference, the right to freedom of expression and the right to seek, receive and impart information and ideas through any media, regardless of frontiers;
Amendment 151 #
2018/2103(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that public deliberation and debate are the lifeblood of a healthy and functioningvital to democracy and encourages, in this context, the EU and the Member States to take further steps to safeguards and protect freedom of speech and assembly as basic principles of democratic processes; strongly condemns in this regard the increasingany restrictions on freedom of assembly, which the authorities have enforced in some cases with violence against protesters; reaffirms the crucial role of these fundamental freedoms in the functioning of democratic societies and calls on the Commission to take an active role in promoting these rights in line with international human rightsEU standards;
Amendment 166 #
2018/2103(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the fact that whistle- blowing is an essential element in investigative journalism and press freedom, and; denounces the threats, retaliations and condemnations that whistle-blowers still face in the EU; in this context, recalls its resolution of 24 October 2017 on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies3; points out that, according to the Communication from the Commission on Strengthening whistle-blowers protection at EU level in April 2018, only ten Member States have introduced comprehensive legislation to protect whistle-blowers; welcomes the Commission’s proposal for a horizontal Directive on the protection of persons reporting on breaches of Union law, and calls on co-legislators to swiftly pursue and end negotiations in that regard; __________________ 3 Texts adopted, P8_TA(2017)0402.
Amendment 170 #
2018/2103(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s decision to establish a High Level Expert Group on fake news and online disinformation; expresses its concern about the potential threat the notion ofat fake news could pose to freedom of speech and expression and to the independence of the media, while underlining the negative effects that the spread of false news might have on the quality of political debate and on the well- informed participation of citizens in democratic society; stresses that political profiling, fake news and manipulation of the information may be used by parties and private or public entities inside and outside the EU, and may hinder EU and national democratic processes, such as the Facebook-Cambridge Analytica scandal; calls on the Commission and co- legislators to work on legislations that would prevent political profiling and manipulation of the information and that would guarantee data protection, transparency and cybersecurity;
Amendment 180 #
2018/2103(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses concerns about the obstacles to the work of human rights defenders, including civil society organisations active in the field of fundamental rights and democracy, including serious restrictions of freedoms of association and speech for those organisations and citizens, and restrictions of financing; recognises the key role of these organisations in making fundamental rights and values a reality for everyone and stresses that they should be able to carry out their work in a safe and well-supported environment; is concerned by the closing down of civil society space; calls on the EU and the Member States to address proactively the root causes of shrinking civil society space and to uphold their fundamental rights; calls for adequate EU funding to protect fundamental rights and support civil society organisations in the European Union, and for the integrity of those funding; invites the European Commission to establish guidelines regarding civil society and indicators on civic space in the EU;
Amendment 199 #
Amendment 203 #
2018/2103(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that EU and its Member States should address adequatnd combat effectively discriminatory or violent treatment and reactions against the schooling ofand participation of children from minority backgrounds, especially migrant and refugee, and Roma children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address and promote respect for diversity, intercultural understanding and human rights, including children’s rights, in regular school curricula;
Amendment 226 #
2018/2103(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to make efforts to systematically record, collect and publish annually comparable data onfight ethnic discrimination and hate crime in order to enable them andand, along with other key stakeholders, to develop effective, evidence-based legal and policy responses to these phenomena; recalls that any data should be collectedconsiders that if data on ethnic discrimination and hate crime were to be collected, it should be for the sole purpose of identifying the roots of and fighting xenophobic and discriminatory discourse and acts, in accordance with national legal frameworks and EU data protection legislation;
Amendment 231 #
2018/2103(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. CIs concerned by the increased levels of racial violence and hatred, such as Afrophobia, anti-Gypsyism, anti- Semitism, Islamophobia, or other forms of hatred based on intolerance whether expressed in the form of hate crimes, messages spread on social networks, protests or political propaganda, that have come to be seen as normal in some Member States; calls on the Member States to continue their efforts to ensure the effective practical enforcement of the Race Equality Directive (2000/43/EC) 4 and to ensure effective enforcement of the Framework Decision on Racism and Xenophobia to tackle persisting discrimination against Roma, anti- Semitism, Islamophobia, Afrophobia and anti-Gypsyism; points out that the Member States should put forward or review their national integration strategies to ensure that all people regardless of race, ethnicity, religion gender or any other status are empowered to engage actively in the process of inclusion by promoting their social, economic, political and cultural participation in society; __________________ 4calls for the adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination; __________________ 4 OJ L 180, 19.7.2000, p. 22. OJ L 180, 19.7.2000, p. 22.
Amendment 238 #
2018/2103(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Condemns incidents of hate crime and hate speech motivated by racism, xenophobia or religious intolerance or by bias against a person's disability, sexual orientation, sex characteristics or gender identity, which occur in the EU on a daily basis; calls for a zero tolerance approach to any discrimination on the grounds of race, ethnic or social origin, religion or belief, membership of a national minority, disability, age, gender, gender expression, gender identity, sexual orientation, sex characteristics, residence status or health; expresses its concern on the lack of reporting of hate crimes by victims due to inadequate safeguards and failure of authorities to properly investigate and bring convictions for hate crimes in Member States;
Amendment 254 #
2018/2103(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores the fact that in 2017, LGBTI people were still victims of discrimination and hatred and encourages the Member States to adopt laws and policies to combat homophobia and transphobia; bullying, harassment and violence and were facing multiple discriminations including in the areas of Education, Health, and Employment; encourages the Member States to adopt laws and policies to combat homophobia and transphobia; Welcomes the implementation of some items contained in the list of actions by the Commission to advance LGBTI equality (2014-2019); calls on the European Commission to maintain an ambitious and multiannual planning in this field in close cooperation with civil society organisations working in this field;
Amendment 258 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Condemns firmly the promotion and the practice of LGBTI conversion therapies and pathologisation of trans identities; urges all Member States to criminalise LGBTI conversion therapies and to adopt measures that respect and uphold the right to gender identity and gender expression; denounces the fact that several Member States keep imposing requirements on transgender people such as medical intervention in order to have the changed gender recognised and forced sterilisation as a condition for legal gender recognition; notes that such requirements are clearly human rights violations; calls on the Commission to provide guidance to Member States on the best models for legal gender recognition in Europe; calls on Member States to recognise change of gender and to provide access to quick, accessible and transparent legal gender recognition procedures without medical requirements such as surgery or sterilisation or psychiatric consent;
Amendment 265 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Recalls that the UN Convention on the Rights of Persons with Disabilities (UNCRPD) is a legally binding international treaty, signed and ratified by the EU, currently implemented with the European Disability Strategy 2010-2020, to ensure equal opportunities, regarding: accessibility, participation, equality, employment, education and training, social protection, health, and EU external action; underlines that, in its implementation report of the European Disability Strategy in February 2017, the Commission noted that although progress was made, particularly with the European Accessibility Act proposed in 2015, persons with disabilities are still disadvantaged and discriminated regarding employment, education and social inclusion; in that regard, stresses that the objectives of the Strategy remain, that accurate actions should be taken between 2017 and 2020 and that the European Parliament Resolution of 30 November 2017 recommended: compulsory requirements regarding accessibility in public space, minimum percentage for employment of persons with disabilities, guarantees for an inclusive education, including access to initiatives such as Erasmus +, and a particular attention for women and children with disabilities;
Amendment 269 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Regrets multiple and intersectional discriminations faced by elderly people in an ageing European society; calls on all level of governments to better integrate this dimension when drafting and implementing policies, including in the implementation of the European Pillar of Social Rights;
Amendment 270 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Insists that the UK Withdrawal Agreement and any Future Relationship Agreement between the EU27 and the UK must comply with fundamental human rights obligations, specifically in relation to those EU nationals’ resident in the UK who may no longer have these rights protected by the CJEU; Calls for the fundamental rights of EU citizens who moved within the union under freedom of movement to have these rights upheld after Brexit; calls for guarantees to be included in any Future Relationship Agreement; demands legal protection ensuring these rights cannot be removed in the future;
Amendment 275 #
2018/2103(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Affirms that the separation of powers and the independence of the judiciary are essential to ensure the effective functioning of the rule of law in any society; recalls that this concept is enshrined in the 1948 Universal Declaration of Human Rights and in Article 47 of the EU Charter on Fundamental Rights, in the principles of equality before the law, the presumption of innocence and the right to a fair and public hearing by a competent, independent and impartial tribunal established before the law;
Amendment 284 #
2018/2103(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that the rule of law is part of and a prerequisite for the protection of all values listed in Article 2 of the TEU; calls on all relevant actors at EU level and national level, including governments, parliaments and the judiciary to step up efforts to uphold and reinforce the rule of law; recalls that these actors have the responsibility to address rule of law concerns and that they play an important role ino preventing any erosion of the rule of law, which is not a blind application of law but our democratic acceptance of being ruled by law;
Amendment 287 #
2018/2103(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Asserts that neither national sovereignty nor subsidiarity can justify the systematic refusal from a Member State to comply with the fundamental values of the European Union and the European Treaties, which every Member State has willingly endorsed and committed to respect when entering the EU; recalls that having accessed to the EU by complying with the Copenhagen Criteria does not allow any Member State to then breach EU fundamental values and the Treaties; Whereas some governance practices, including the participation of parties promoting racist, xenophobic and other discriminatory ideas, policies and practices in coalition governments, seen in some Member States reflect a selective approach to the benefits and responsibilities of EU membership, and whereas the refusal by those Member States to fully uphold EU law, the separation of powers, the independence of the judiciary and the predictability of State actions is undermining the credibility of the EU as a legal area;
Amendment 292 #
2018/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that the Commission, as guardian of the Treaties, has the legitimacy and authority to ensure that all Member States are upholding the principles of the rule of law and the other values referred toenshrined in Article 2 of the TEU; insists that Article 7 of the TEU should be employactivated if all other remedies have failed and invites the Council to examine and follow-up any proposals from the European Commission and the European Parliament relating to that procedure;
Amendment 308 #
2018/2103(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls Parliament’s resolution with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights5 , adopted on 10 October 2016; reiterates its call on the Commission to submit, on the basis of Article 295 of the TFEU, a proposal for the conclusion of a Union Pact for democracy, the rule of law and fundamental rights (EU Pact for DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation between the Union institutions and the Member States in the framework of Article 7 of the TEU; __________________ 5considers that this Mechanism would be a fair, balanced, regular and preventive mechanism regarding any breach of the values listed in Article 2 of the TEU, that could function as the European Semester on economic policies; __________________ 5 OJ C 215, 19.6.2018, p. 162. OJ C 215, 19.6.2018, p. 162.
Amendment 336 #
2018/2103(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Expresses concern about persistent fundamental rights challenges in the area of migration, with regard to access to territory, reception conditions, asylum procedures, immigration detention and protection of unaccompanied children; notes with concern that fast-track procedures, safe-country-lists, but also deportation to other unsafe Member States in Dublin procedures put LGBTI asylum seekers at a heightened risk to be deported before being able to substantiate their claim for asylum to foreign or other Member States, where they fear prosecution on grounds of their sexual orientation, gender identity, gender expression or sex characteristics;
Amendment 339 #
2018/2103(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Expresses concerns about persistent fundamental rights challenges in the area of migration, with regard to access to territory, reception conditions, asylum procedures, immigration detention and protection of unaccompanied children;
Amendment 346 #
2018/2103(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 354 #
2018/2103(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Strongly denounces that some Member States do not comply with EU asylum and return legislation and violate migrants and asylum seekers’ rights, such as failing to provide effective access to asylum procedures, failing to give clear information on legal remedies following a return decision, depriving migrants and asylum seekers of food or using automatic and systematic detention;
Amendment 355 #
2018/2103(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on Member States to effectively ensure the right to asylum and to accept relocation of asylum seekers, as agreed in the Council’s decisions in September 2015; calls on the Council to swiftly move on with the Dublin Regulation reform, that it currently blocks, and that prevents the European Common Asylum System from working properly; Stresses that Commission should initiate and Member States should implement a combination of protection- related schemes, such as resettlement and humanitarian admission, and regular mobility schemes to promote legal pathways to the EU for persons in need of protection; recalls that any action undertaken by a Member State, when acting within the scope of EU law, must respect the rights and principles of the EU Charter of Fundamental Rights; also calls on Member States to respect the principle of non-refoulement and introduce adequate procedural safeguards to their asylum and border procedures, including safeguards against collective expulsion;
Amendment 361 #
2018/2103(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that the EU and the Member States should develop credible and effective systems that would make it unnecessary tonot detain children for asylum or return purposes; stresses the importance of taking the principle of the best interests of the child into consideration in all aspects concerning children as well as of the practical implementation of the right to be heard; recalls that Article 14 of the EU Charter of Fundamental Rights and Article 28 of the United Nations Conventions on the Rights of the Child guarantee the right to education to every child, including migrant and refugee children, both unaccompanied and accompanied and avoiding separated schooling and segregation; stresses that Member States should ensure that migrant and refugee children are effectively supported through linguistic, social and psychological support based on individual assessment of their needs;
Amendment 365 #
2018/2103(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that the EU and the Member States should develop credible and effective systems that would make it unnecessary to detain children for asylum or return purposes; stresses the importance of taking the principle of the best interests of the child into consideration in all aspects concerning children as well as of the practical implementation of the right to be heard; recalls that Article 14 of the EU Charter of Fundamental Rights and Article 28 of the United Nations Conventions on the Rights of the Child guarantee the right to education to every child, including migrant and refugee children, both unaccompanied and accompanied and avoiding separated schooling and segregation; stresses that Member States should ensure that migrant and refugee children are effectively supported through linguistic, social and psychological support based on individual assessment of their needs; is concerned over the specific needs and vulnerabilities of asylum seekers from marginalised groups, such as LGBTI asylum seekers; calls upon Member States to ensure that the specific needs for safety, healthcare, legal recognition of trans asylum seekers are met;
Amendment 367 #
2018/2103(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Is concerned over the specific needs and vulnerabilities of asylum seekers from marginalised groups, such as LGBTI, and of women asylum seekers; calls upon Member States to ensure that the specific needs for safety and healthcare of both groups, and legal recognition of trans asylum seekers, are met;
Amendment 370 #
2018/2103(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 378 #
2018/2103(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Underlines that Member States take responsibility for making it even more difficult for migrants to arrive in the EU, for any life losses in the Mediterranean Sea, and for externalising EU migration policies; notes that the HCR reported common serious human rights violations and abuses in third countries that the EU cooperates with, such as Libya;
Amendment 387 #
2018/2103(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 399 #
2018/2103(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on Member States to introduce specific safeguards to guarantee, if large-scale IT systems are to be made interoperable, that it should not lead to adverse effects on the rights of children or vulnerable persons, such as applicants for and beneficiaries of international protection, or to discriminatory profiling; calls on Member States to ensure that the implementation of interoperability aims at fulfilling a child protection objective, such as identifying missing children and assisting family reunification;
Amendment 3 #
2018/2044(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Directive (EU) 2017/541 of the European Parliament and the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA,
Amendment 5 #
2018/2044(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
- having regard to the European Parliament resolution of 5 October 2017 on prison systems and conditions (2015/2062(INI)),
Amendment 6 #
2018/2044(INI)
Motion for a resolution
Citation 3 c (new)
Citation 3 c (new)
- having regard to the European Parliament resolution of 3 May 2018 on media pluralism and media freedom in the European Union (2017/2209(INI)),
Amendment 7 #
2018/2044(INI)
Motion for a resolution
Citation 3 d (new)
Citation 3 d (new)
- having regard to the European Parliament resolution of 1 March 2018 on the situation of fundamental rights in the EU in 2016 (2017/2125(INI)),
Amendment 8 #
2018/2044(INI)
Motion for a resolution
Citation 3 e (new)
Citation 3 e (new)
- having regard to the European Parliament resolution of 30 May 2018 on the implementation of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime(2016/2328(INI)),
Amendment 9 #
2018/2044(INI)
Motion for a resolution
Citation 3 f (new)
Citation 3 f (new)
- having regard to the European Parliament resolution of 25 November 2015 on the prevention of radicalisation and recruitment of European citizens by terrorist organisations (2015/2063(INI)),
Amendment 10 #
2018/2044(INI)
Motion for a resolution
Citation 3 g (new)
Citation 3 g (new)
- having regard to the Opinion of the European Committee of the Regions – Combatting radicalisation and violent extremism: prevention mechanisms at local and regional level,
Amendment 11 #
2018/2044(INI)
Motion for a resolution
Citation 3 h (new)
Citation 3 h (new)
- having regard to the Council of Europe Convention on the Prevention of Terrorism,
Amendment 12 #
2018/2044(INI)
Motion for a resolution
Citation 3 i (new)
Citation 3 i (new)
- having regard to the Council of Europe handbook for prison and probation services regarding radicalisation and violent extremism,
Amendment 13 #
2018/2044(INI)
Motion for a resolution
Citation 3 j (new)
Citation 3 j (new)
- having regard to the European Court of Auditors Special report Tackling radicalisation that leads to terrorism: the Commission addressed the needs of Member States, but with some shortfalls in coordination and evaluation,
Amendment 14 #
Amendment 15 #
2018/2044(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas counter-terrorism measures and the protection of freedoms are not conflicting goals, but complementary and mutually reinforcing;
Amendment 16 #
2018/2044(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-A a. whereas the Union is founded on the values of human dignity, freedom, equality and solidarity, respect for human rights and fundamental freedoms, as well as on the principles of democracy and the rule of law; whereas acts of terrorism constitute one of the most serious violations of these universal values and principles;
Amendment 17 #
2018/2044(INI)
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-A b. whereas the EU should do the utmost possible to guarantee the wellbeing of its citizens who are endangered by terrorists; whereas Article 6 of the Charter of Fundamental Rights enshrines both the right to liberty and the right to security, which complement each other; so that wherever measures are taken to combat terrorism, the right to liberty must be safeguarded in all cases; whereas Article 10 of the Charter of Fundamental Rights ensures the right to freedom of thought, conscience and religion;
Amendment 18 #
2018/2044(INI)
Motion for a resolution
Recital -A c (new)
Recital -A c (new)
-A c whereas the Charter of Fundamental Rights prohibits discrimination on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; and recognises the right of people with disabilities to benefit from measures to ensure their independence, social and occupational integration, and participation in the life of the community; whereas the rights of persons with disabilities in the EU are also protected by the UN Convention on the Rights of Persons with Disabilities;
Amendment 22 #
2018/2044(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the security of one Member State is the security of all in the Union; whereas in the last two years the EU and the Member States have made progress in countering the threats posed by terrorism which require a holistic approach, articulating internal and external security and national and European coordination;
Amendment 27 #
2018/2044(INI)
Motion for a resolution
Recital B
Recital B
B. whereas national security is the sole responsibility of the Member States as laid down in Article 4(2) TEU and Article 73 TFEU but the European Union also has a necessary role to play in promoting the respect of democratic values including the rule of law and fundamental rights;
Amendment 41 #
2018/2044(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the diverse landscape of regional, national, EU and international actors in the field of terrorism with overlapping competences and insufficiently delineated mandates, the multitude of formal and informal fora for cooperation and exchange of information, as well as the division of competences between the different regional and national agencies, between law enforcement services and intelligence services and between the EU and the Member States, may give rise to difficulties with regard to the coordination and coherence of the response to the terrorist threat;
Amendment 48 #
2018/2044(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Commissioner for Security Union is a valued actor in joining up the Commission’s policy development, implementation, monitoring and evaluation; whereas the establishment of the position of Commissioner for Security Union policies signals the EU’s commitment to encouraging cooperation between Member States on issues of internal security while fully respecting the status of these matters as national competencies as laid down in the Treaand external security as well as to harmonise counter-terrorism legislation and ensure better cooperation between law enforcement and judicial authorities;
Amendment 59 #
2018/2044(INI)
Motion for a resolution
Recital G
Recital G
G. whereas of 88 legally binding counter-terrorism measures proposed from September 2001 to summer 2013 only a quarter were subject to impact assessments and only three to public consultation and in general the lack of public consultations and ex ante assessments were not compensated by ex post reviews or evaluations; whereas this ratio has improved in recent years and the most recent initiatives presented by the Commission in 2017 and 2018 were accompanied by the necessary justification; whereas with the Agenda on Better Regulation adopted in 2015 the Commission has also strengthened its policy on stakeholder consultation; whereas counter-terrorism measures have higher legitimacy and effectiveness when human rights organisations are involved in the policy-making phase;
Amendment 63 #
2018/2044(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Commission’s Comprehensive Assessment of EU Security Policy mentioned incomplete implementation as onwell as the need to support Member States’ actions (risk assessment methodology, CBRN and soft target protection, crisis management) as some of the main challenges of the Security Union; whereas implementation is flawed without assessing the social and security impacts of internal and external action policies, namely in their cohesion and consistency with the purpose of countering terrorism and deterring the recruitment of terrorists;
Amendment 65 #
2018/2044(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the EU established in common position 2001/931/CFSP a list of persons, groups and entities involved in terrorist acts and subject to restrictive measures, namely the freezing of funds and other financial assets, as well as enhanced measures related to police and judicial cooperation in criminal matters;
Amendment 73 #
2018/2044(INI)
Motion for a resolution
Recital J
Recital J
J. whereas in recent years the EU Member Stateterrorism has existed for many years across the world; whereas Europol reports thave suffered major terrorist attacks, perpetrated or inspired by jihadist groups such as Daesh or Al- Qaedat religious extremist- inspired attacks account for the highest number of casualties in recent years in EU Member States; whereas ethno-nationalist attacks account for the highest number of attacks; whereas far right, and far left and ethno-nationalist separatist extremismextremist violence are also matters of concern;
Amendment 97 #
2018/2044(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas the cross-border aspects of the terrorist threat call for a coordinated EU approach by offering cooperation and assistance in the form of capacity-building in third-countries;
Amendment 102 #
2018/2044(INI)
Motion for a resolution
Recital L
Recital L
L. whereas there hasmay been a change of strategy since the military collapse of Daesh in its territory, with a decline in numbers of those travelling to Syria and Iraq for terrorist purposes and jihadists and ‘sleeper-cells’ inside the EU being encouraged to carry out attacks in their home countries;
Amendment 105 #
2018/2044(INI)
Motion for a resolution
Recital M
Recital M
M. whereas Daesh and Al-Qaedalarge scale international terrorist organisations are financially self- reliant and whereas illicit trade in goods, firearms, oil, drugs, cigarettes and cultural objects, among other items, as well as trafficking in human beings, slavery, child exploitation, racketeering and extortion, have become means for terrorist groups to obtain funding; whereas the link between organised crime and terrorist groups constitutes a growing security threat; whereas EU Member States often underestimate the security threat by not effectively enforcing Anti-Money Laundering/Countering Financing of Terrorism EU directives and by not reforming the EU VAT system to prevent exploitation by terrorists and other organised crime; whereas these sources could enable the continued funding of future criminal activities by Al-Qaeda, as well as by Daesh following itsof large scale international territorial collapse in Syria and Iraqst organisations;
Amendment 117 #
2018/2044(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas repressive governance, failing social and economic conditions, such as high unemployment, inadequate education systems and sectarian domestic and foreign policy agendas in a number of countries of the Middle East and North Africa region created fertile ground for radicalisation and contributed to the terrorist threat;
Amendment 119 #
2018/2044(INI)
Motion for a resolution
Recital N
Recital N
N. whereas terrorists continue to use small arms and explosives and have increasingly resorted to ad hoc weapons such as vehicles, trucks and knifes; whereas recent attacks have been prepared thoroughly or carried out spontaneously by individuals weaponising common tools in low cost attacks against “soft targets”, aiming to cause a maximum number of random casualties among civilians;
Amendment 130 #
2018/2044(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the return of foreign terrorist fighters (FTFs) and their families poses particular challenges in terms of security and radicalis, rehabilitation and social reintegration; whereas child returnees pose specific problems as they can be both victims and potential perpetrators at the same time;
Amendment 141 #
2018/2044(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas perpetrators of terrorist attacks in the EU very often include EU nationals, often second or third generation migrants, who have grown up in the Member States which they have attacked, as well as foreigners who may in some cases have resided for a significant time in the Member State targetare mainly EU nationals, who have been radicalised in the Member States which they have attacked;
Amendment 148 #
2018/2044(INI)
Motion for a resolution
Recital R
Recital R
Amendment 152 #
2018/2044(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
R a. whereas the percentage of suspects of terrorism has been close to zero among migrants and refugees who have been arriving in the EU, according to FRONTEX, EUNAVFOR/MED Sophia and other European security agencies;
Amendment 156 #
2018/2044(INI)
Motion for a resolution
Recital S
Recital S
S. whereas the flow of illegalsocial and cultural integration of migrants and refugees poses challenges to integration, which have already been exploited by extremists and could be further exploited in the futureEuropean societies and requires reinforced, specific and directed investment towards social inclusion, so that feelings of exclusion or alienation may not be exploited by extremists and terrorist recruiters;
Amendment 162 #
2018/2044(INI)
Motion for a resolution
Recital T
Recital T
T. whereas new forms of terrorism may be used for an attack, among them cyber-terrorism and the use of weapons of mass destruction; whereas the EU needs to strengthen its cybersecurity policy with more cooperation between the Member States in order to face this evolving challenge; whereas there is the precedent of a foiled attack involving the highly toxic biological agent ricin; whereas there are cases where Daeshterrorist groups hasve used or planned to use chemical, biological, radiological or nuclear (CBRN) materials, and shared via social media channels possible tactics and methods for attacks and targets;
Amendment 168 #
2018/2044(INI)
Motion for a resolution
Recital T a (new)
Recital T a (new)
T a. whereas Member States have different strategies to respond to hybrid and Chemical, Biological, Radiological and Nuclear-related threats and therefore different levels of preparedness;
Amendment 169 #
2018/2044(INI)
Motion for a resolution
Recital T b (new)
Recital T b (new)
T b. whereas the European Council on 28 June 2018 welcomed the Joint Communication on Europe’s Resilience to hybrid and Chemical, Biological, Radiological and Nuclear-related threats, to identify areas where action should be intensified in order to further deepen and strengthen the EU’s essential contribution to addressing these threats, as well as urging Member States and the Commission to work together to fully implement the CBRN Action Plan as a matter of urgency;
Amendment 173 #
2018/2044(INI)
Motion for a resolution
Recital U
Recital U
U. whereas populism-fuelled political discourse regarding or invoking the terrorist threat can lead to polarisation within society;ies aiming at undermining democracy, social cohesion, respect for fundamental rights and human rights globally, thus playing into the hands and aims of terrorist organisations.
Amendment 183 #
2018/2044(INI)
Motion for a resolution
Subheading 3
Subheading 3
Preventing and countering radicalisationviolent extremism
Amendment 187 #
2018/2044(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the Radicalisation Awareness Network (RAN) Centre of Excellence offers an important platform for the exchange of best practices among practitioners and law enforcement authorities and has contributed to the gathering of important knowledge in the field of preventing and countering radicalisationviolent extremism;
Amendment 190 #
2018/2044(INI)
Motion for a resolution
Recital W
Recital W
W. whereas national strategies against radicalisation are importanta European strategy articulating national strategies against violent extremism is indispensable in terms of providing general frameworks for programmes at national and local level; whereas these strategies must be coherent and effective and must ensure sufficient financing for local authorities, vetted NGOs and civil society partnstakeholders so that these programmes can be implemented;
Amendment 196 #
2018/2044(INI)
Motion for a resolution
Recital X
Recital X
X. whereas experts highlight the positive experience offered by a multi- agency approach, focusing on creating infrastructures that ensure the provision of early-stage support to those vulnerable to radicalisation and their families from different authorities and organisations across multiple levels and emphasising the supportive role of the police, thus strengthening the relationship;
Amendment 198 #
2018/2044(INI)
Motion for a resolution
Recital Y a (new)
Recital Y a (new)
Y a. whereas measuring the effectiveness of preventive anti radicalisation actions is intrinsically difficult and requires close cooperation between the Commission, Member States, individual stakeholders and researchers as highlighted by an ECA special report;
Amendment 199 #
2018/2044(INI)
Motion for a resolution
Recital Y b (new)
Recital Y b (new)
Y b. whereas the promotion of social inclusion and active promotion of democratic values contribute to mitigate the risk of radicalisation through practical measures to address violent extremist ideologies, poverty, discrimination and marginalisation, including the prevention of early school leaving and school exclusion, enhancing equality, social cohesion and encouraging active citizenship;
Amendment 200 #
2018/2044(INI)
Motion for a resolution
Recital Z
Recital Z
Z. whereas several European funds and programmes can be used for projects countering and preventing radicalisation at the European, national, regional and local levels; whereas the EU budget up to 2020 allocates EUR 314 million for anti- radicalisation projects; whereas there is no continuous evaluation of the effectiveness of those programmes;
Amendment 207 #
2018/2044(INI)
Motion for a resolution
Recital AA
Recital AA
Amendment 214 #
2018/2044(INI)
Motion for a resolution
Recital AB
Recital AB
AB. whereas a violent radicalised discourse has been increasinglyis present in the territory of the EU, often in the form of books, teaching or audiovisual content, including satellite TV channels; whereas this discourse opposes Europeandemocratic values, undermines pluralism, promotes violence and intolerance against all other religions, is openly anti-Semitic, refuses equality between men and women, and rejects the science and education which have been promoted by Islam during centuries;
Amendment 221 #
2018/2044(INI)
Motion for a resolution
Recital AC
Recital AC
Amendment 228 #
2018/2044(INI)
Motion for a resolution
Recital AC a (new)
Recital AC a (new)
AC a. whereas violent radicalisation has generally its roots in marginalisation, conflicts of identity, experiences of injustice, discrimination and social exclusion;
Amendment 229 #
2018/2044(INI)
Motion for a resolution
Recital AC b (new)
Recital AC b (new)
AC b. whereas some low-income neighbourhoods in European cities are facing mass unemployment, systematic breakdown in the rule of law and crime as well as poverty and discrimination, which are the breeding grounds for religious extremism and terrorism as they are able to offer the most vulnerable citizens a new meaning to their lives;
Amendment 236 #
2018/2044(INI)
Motion for a resolution
Recital AD
Recital AD
AD. whereas throughout Europe significant numbers of cases of radical hate preachers have been documented; whereas the hate preachers often originate from outside the EU, while mosques may receive opaque funding from third countries;
Amendment 240 #
2018/2044(INI)
Motion for a resolution
Recital AE
Recital AE
AE. whereas there are self-designated religious teaching centres propagating extremist ideas in the EU, in which youngsteminors, including young children, armay be exposed to a learning content based on anti-European democratic values and violent content; whereas radicalextremist organisations laying the ground for terrorist recruitment often exploit the vulnerabilities of young people by attracting them with social and cultural offers;
Amendment 245 #
2018/2044(INI)
Motion for a resolution
Recital AF
Recital AF
AF. whereas Daesh’ssome large scale international terrorist groups have a sophisticated web communication strategy of marketing terrorism by glorifying it also offers alternative social and cultural opportunities to followers and design copied from the global ‘youth culture’ such as online gaming, and thus has a strong appeal to minors;
Amendment 254 #
2018/2044(INI)
Motion for a resolution
Recital AG a (new)
Recital AG a (new)
AG a. whereas several recent investigations have shown that the internet and namely social media can play a role as a driver of radicalisation leading to violent extremism as well as a tool for xenophobic groups to disseminate hate speech and illicit content especially among young people;
Amendment 259 #
2018/2044(INI)
Motion for a resolution
Recital AH a (new)
Recital AH a (new)
AH a. whereas combating radicalisation and violent extremism requires close and coordinated collaboration between all concerned actors, at all levels of governance (local, regional and national) as well as with civil society and the private sector;
Amendment 262 #
2018/2044(INI)
Motion for a resolution
Recital AI
Recital AI
AI. whereas although major progress has been made with regard to removal of online terrorist content, the re is a need to scale up the companies’ engagementmovals are often not complete; whereas the removals are often not complete, removing the content from one website but leaving it on another belonging to the same company; whereas effective and comprehensive reporting by companies has to be improved is a need for a comprehensive and coordinated European approach in order to ensure consistency in policymaking and the resulting action, encompassing the fight against crime together with fundamental rights, privacy, data protection, cybersecurity, consumer protection and e- commerce, as well, an effective partnership approach and lawful information exchange between law enforcement agencies, judicial authorities, the ICT industry, internet service providers(ISPs), internet host providers (IHPs), social media companies, the banking sector and NGO;
Amendment 273 #
2018/2044(INI)
Motion for a resolution
Recital AI a (new)
Recital AI a (new)
AI a. whereas illegal online content should be removed immediately on the basis of due legal process; whereas the role of ICT, ISPs and IHPs in ensuring the fast and efficient removal of illegal online content at the request of the responsible law enforcement authority, as well as, the irrespective reporting responsibilities should be highlighted;
Amendment 282 #
2018/2044(INI)
Motion for a resolution
Recital AJ
Recital AJ
AJ. whereas, in response to larger companies removing more content and doing so at a greater pace, Daesh isterrorist groups are increasingly using new and/or smaller platforms which are less suited to fast removal of terrorist material; whereas this diversification to smaller platforms makes additional technical support and sharing of best practices essential to enable, for example, the introduction of platform- agnostic automated tools, such as the database of hashhashing technologies which can identify online terrorist content with a high degree of accuracy;
Amendment 292 #
2018/2044(INI)
Motion for a resolution
Recital AK
Recital AK
AK. whereas prisons have become hothouses of extremism, incubating terrorists; whereas many of those serving prison sentences will soon be released back into their communities and there are few resources to monitor their activitiesers can be particularly vulnerable to radicalisation; whereas many radicalised inmates will soon be released back into their communities and monitoring of such high- risk offenders is extremely resource intensive for Member States security services as they are considered at high risk of re-offending; whereas prison conditions can play a significant role in heightening or lessening risks of radicalisation;
Amendment 296 #
2018/2044(INI)
Motion for a resolution
Recital AK a (new)
Recital AK a (new)
AK a. whereas an efficient penitentiary administration should receive adequate funding and staff to carry out its security and rehabilitation mission;
Amendment 297 #
2018/2044(INI)
Motion for a resolution
Recital AK b (new)
Recital AK b (new)
AK b. whereas inhumane detention conditions and overcrowding can lead to increased radicalisation and expand the influence of violent extremist recruiters and can reduce the opportunities for rehabilitation;
Amendment 298 #
2018/2044(INI)
Motion for a resolution
Recital AK c (new)
Recital AK c (new)
AK c. whereas penitentiary system regimes shall fully respect freedom of religion allowing inmates to practice their religion assisted by approved and adequately trained representatives of such religion or beliefs;
Amendment 299 #
2018/2044(INI)
Motion for a resolution
Recital AK d (new)
Recital AK d (new)
AK d. whereas penitentiary staff carry out an essential function on behalf of the community and should have conditions of employment befitting their qualifications and which take account of the demanding nature of their work especially when it comes to interaction with radicalised inmates;
Amendment 305 #
2018/2044(INI)
Motion for a resolution
Recital AL
Recital AL
AL. whereas retention of data, duly taking account of ECJ case law is an essential part of the investigative process; whereas police and judicial authorities usually rely heavily on communications data to successfully proceed with their casework; whereas in order for interoperability of information systems to reach its full potential, harmonised data retention regimes across the EU are vital; whereas the necessity of an appropriate data retention regime when it comes to the fight against terrorism duly taking account of ECJ case law was consistently raised during the work of the TERR Committee;
Amendment 318 #
2018/2044(INI)
Motion for a resolution
Recital AM
Recital AM
AM. whereas the use of encryption on the one hand will make a significant contribution to security in the field of IT, but on the other hand will also be used by terrorists to protect their communications or stored data, which represents a considerable challenge for law enforcement, denyingsince it can be denied access to essential intelligence and evidence; whereas encryption becomes particularly critical when even the responsible online service providers are unwilling or unable to decrypt the communication;
Amendment 325 #
2018/2044(INI)
Motion for a resolution
Recital AN
Recital AN
AN. whereas there is a fragmented framework of existing systems, new systems in the process of development, proposals for future systems and proposals for reforms to address identified gaps and barriers still under negotiation; whereas this fragmented framework is the result of historical factors and a reactive approach in the proposal and adoption of new legislatione right balance needs to be struck between making the systems interoperable and the necessary fundamental rights safeguards;
Amendment 328 #
2018/2044(INI)
Motion for a resolution
Recital AO
Recital AO
AO. whereas data about information exchanges show that a small number of countriMember States are responsible for a large proportion of available content in and searches of EU databases;
Amendment 329 #
2018/2044(INI)
Motion for a resolution
Recital AP
Recital AP
AP. whereas there are a number of obstacles to the proper functioning of the information systems, such as a complete lack of or incomplete implementation, lack of knowledge of and/or sufficient training in the existing systems, and lack of sufficient resources or of an adequate material base and poor data quality in the information systems;
Amendment 336 #
2018/2044(INI)
Motion for a resolution
Recital AS
Recital AS
AS. whereas several pilot projects are being implemented with the aim of overcoming the disadvantages of a decentralised EU PNR system; whereas there is a need for a quick reply to requests from passenger information units (PIUs) of other Member States, which may prove challenging as they are processed manually;
Amendment 347 #
2018/2044(INI)
Motion for a resolution
Recital AV
Recital AV
AV. whereas the Commission proposals will only apply to centralised systems, leaving national and decentralised systems out of their scope, and therefore constitute only a first step in creating a comprehensive framework of interoperable information systems; whereas within the territory of one Member State there may be a multitudenumber of separate decentralised databases at federal, regional and local level, with different data inputs in different systems and complex procedures - or none at all - for the sharing or checking of the data by the relevant authorities at the different levels;
Amendment 350 #
2018/2044(INI)
Motion for a resolution
Recital AW
Recital AW
AW. whereas the use of a common messaging format at EU level, such as a universal message format (UMF), will facilitate smoother exchange of data and information between parties within the scope of what is permissible under law and across interoperability systems; whereas establishing the need to use certain UMF fields for particular exchanges can contribute to the improvement of data quality in all of the systems across which messages are being exchanged; whereas the use of this common message format by Europol and Interpol should also be encouraged;
Amendment 352 #
2018/2044(INI)
Motion for a resolution
Recital AX
Recital AX
AX. whereas eu-LISA should establish automated data quality control mechanisms and procedures as well as common data quality indicators and minimum quality standards for data stored in the information systems; whereas the goal would be for the EU information systems and interoperability components to automatically identify apparently incorrect or inconsistent data submissions so that the originating Member State is able to verify the data and carry out any necessary remedial actions;
Amendment 364 #
2018/2044(INI)
Motion for a resolution
Recital AZ
Recital AZ
AZ. whereas adjusting the legal standards applying to information exchange between intelligence and law enforcement authorities is one of the main challenges that need to be addressed, especially since intelligence often concerns information on people who are not yet suspects in criminal investigations but belong to terrorist networks or are returning FTFs; whereas, however, this must not lead to any lowering of legal standards;
Amendment 384 #
2018/2044(INI)
Motion for a resolution
Recital BC
Recital BC
BC. whereas the UK government has expressed its intention of leaving the EU on 29 March 2019; whereas the EU and the UK are highly interdependent in the area of security and counter-terrorism; whereas both should be able to continue to share, collect and analyse vital operational intelligence ith regard to the UK having access to many EU systems and databases for exchange of information (SIS II, PNR, Europol database, ECRIS, Eurodac); whereas even though the UK has exercised its right to opt-out of measures in the Area of Freedom, Security and Justice, it currently participates in many key EU legal instruments in the area of judicial cooperation in criminal matters (for example, European arrest warrant, European protection order, European investigation order); whereas transitional arrangements with the UK and agreements on the future relationship should be found as regard all pending proceedings for implementation of that legislation; whereas the Withdrawal Agreement should ensure a smooth transition regime and avoid, to the extent possible, operational gaps or obstacles reducing the fight against serious crime on a level equivalent to the current oneEuropean Union’s capacity to effectively fight organised crime and terrorism; whereas at the same time, it should be stressed that any transitional arrangement cannot be more advantageous than full membership and any participation by the UK in those systems and databases will not be possible without applying simultaneously the same data protection rules as those laid down in EU data protection instruments;
Amendment 395 #
2018/2044(INI)
Motion for a resolution
Recital BD a (new)
Recital BD a (new)
BD a. whereas the Fundamental Rights Agency should review the proportionality and necessity of all Counter Terrorism legislation;
Amendment 413 #
2018/2044(INI)
Motion for a resolution
Recital BK
Recital BK
BK. whereas close cooperation with online service providers (OSPs) is necessary when it comes to securing and obtaining electronic evidence at the request of the responsible law enforcement authority and based on due legal process, given its importance for investigating terrorist offences;
Amendment 422 #
2018/2044(INI)
Motion for a resolution
Recital BL
Recital BL
BL. whereas the Schengen area without internal borders is only sustainable ifa fundamental achievement of the EU, whereby the external borders armust be effectively secured and protected and internal security measures are adopted to facethat in the field of internal security the risk of serious crimes are counteracted;
Amendment 437 #
2018/2044(INI)
Motion for a resolution
Recital BO
Recital BO
BO. whereas on the basis of Article 11 of Regulation (EC) 1168/2011 and the positive opinion of the European Data Protection Supervisor (EDPS), the European Border and Coast Guard Agency (EBCGA) is allowed to process personal data; whereas, however, EBCGA is experiencing difficulties in monitoring terrorism due to the short personal data retention period established by Regulation (EC) 2016/1624 that comprises only 90 days; whereas between Eurojust and EBCGA there is only a memorandum of understanding which includes the exchange of general, strategic and technical information but not the exchange of personal information; whereas there is need for a specific legal framework for EBCGA to process personal data in order to fulfil its tasks;
Amendment 465 #
2018/2044(INI)
Motion for a resolution
Recital BU
Recital BU
BU. whereas several Member States have not yet ratified the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 16 May 2005; did not fully implement the EU Anti Money Laundering /Counter Terrorist Financing directives, and continue to allow anonymity of ultimate beneficiary owners of trusts, foundations and incorporated companies and bearer shares which facilitate hiding the origin and destination of financial flows and the ownership of economic activities that provide cover to the financing of terrorism and organized crime;
Amendment 469 #
2018/2044(INI)
Motion for a resolution
Recital BU a (new)
Recital BU a (new)
BU a. whereas the 5th Anti-Money Laundering Directive will increase transparency about the ownership of companies and trusts to prevent money laundering and terrorist financing via opaque structures;
Amendment 480 #
2018/2044(INI)
Motion for a resolution
Recital BV
Recital BV
BV. whereas social media fundraising, non-profit organisations and small wire transfers arnd prepaid cards can be among the funding methods for Daesh and other terrorist organisations; whereas micro lending platforms are used to facilitate all three of these typologies;
Amendment 483 #
2018/2044(INI)
Motion for a resolution
Recital BW
Recital BW
BW. whereas in certain countries with less developed banking systems the prevalent use of mobile banking services often makes it difficult to identify the beneficiaries of cash transfers; whereas such transfers of fu, despite highly developed banking systems, in EU Member States, money laundering for organized crime and the financing of terrorism continue to be enabled by under-resourced and fragmented implementation of EU Anti Money Laundering and Countering of Financing of Terrorism directives ands by means of mobile banking present high risks for terrorist financingthe lack of a European Financial Information Unit articulating and coordinating the AML/FCT fight under Europol and Eurojust;
Amendment 493 #
2018/2044(INI)
Motion for a resolution
Recital BX a (new)
Recital BX a (new)
BX a. whereas anonymity surrounding some cryptocurrencies is increasing their use for illegitimate activities such as terrorist financing, money laundering and tax evasion;
Amendment 494 #
2018/2044(INI)
Motion for a resolution
Recital BX b (new)
Recital BX b (new)
BX b. whereas FIUs play an important role in identifying the financial operations of terrorist networks, especially cross- border; whereas FIUs , in the exercise of their tasks, should have access to information and be able to exchange it, including through appropriate cooperation with law enforcement authorities; whereas it is essential to further enhance the effectiveness and efficiency of FIUs, by clarifying the powers of, and cooperation between, FIUs;
Amendment 495 #
2018/2044(INI)
Motion for a resolution
Recital BY
Recital BY
BY. whereas incidents involving critical infrastructure can have severe consequencfrom any disruption, namely terrorist attempts, must be a priority, since any incidents can have severe consequences for the security of European citizens and States across borders;
Amendment 498 #
2018/2044(INI)
Motion for a resolution
Recital CB
Recital CB
CB. whereas the Commission Comprehensive Assessment of EU Security Policy and the evaluation study of Directive 2008/114/EC in need of revision and updating indicate that: the threat to critical infrastructures is likely to continue to rise, that there is a need to enhance preparation and response capabilities and to revise Directive 2008/114/EC, and that there is an interest in targeting transport infrastructures; whereas a better framework is needed to improve rail security and to address the issue of protection of public areas of transport infrastructures, such as airports and railway stations and also energy production facilities, with particular attention to nuclear power plants;
Amendment 501 #
2018/2044(INI)
Motion for a resolution
Recital CD
Recital CD
CD. whereas Member States need to organise more exercises in crisis response, including in third countries seeking their cooperation and upgrading of capacities;
Amendment 506 #
2018/2044(INI)
Motion for a resolution
Recital CE
Recital CE
CE. whereas the private sector should be involved in the protection of critical infrastructure and soft targets requires close public-private cooperation;
Amendment 520 #
2018/2044(INI)
Motion for a resolution
Recital CM
Recital CM
CM. whereas the most importangreatest problems regarding implementation include reaching all economic operators concerned due to their large number (retailers of household products)lack of awareness of the existing Regulation across the supply chain and enforcing the restrictions on internet sales, imports and intra-EU movements;
Amendment 524 #
Amendment 533 #
2018/2044(INI)
Motion for a resolution
Recital CS a (new)
Recital CS a (new)
CS a. whereas several recent attacks have been carried out with different types of knives;
Amendment 538 #
2018/2044(INI)
Motion for a resolution
Recital CT
Recital CT
CT. whereas the key regions in the EU’s neighbourhood, and more specifically the Balkans and North AfricaMENA, are facing important challenges such as those relating to foreign fighters and returnees management, as well as to home-grown radical cells;
Amendment 570 #
2018/2044(INI)
Motion for a resolution
Recital CZ
Recital CZ
CZ. whereas in the 20-year period 1998- 2018, some 6 652 people were direct victims of terrorism across Europe, with 713 murdered and 5 939 injured; leaving thousands of families with post traumatic conditions affecting their long term wellbeing; whereas prior to 2001 most victims of terrorism were mainly attributable to the IRA and ETA. while since then the vast majority of deaths were as a result of Islamist terrorism;
Amendment 575 #
2018/2044(INI)
Motion for a resolution
Recital DA
Recital DA
DA. whereas deaththe aftermath of terrorist attacks destroys families and leaves a legacy of irrevocable sadness, and many of the injured survivors of terrorist attacks suffer disfiguring and life- changing loss of senses and limbs and their plight impacts heavily on close family and community, while too often once the media spotlight has passed, the long-term needs of the victims are neglected;
Amendment 579 #
2018/2044(INI)
Motion for a resolution
Recital DB
Recital DB
DB. whereas victims of terrorism have a very specific status, and meeting their needs is not only a legal obligation under EU, international and national law but also a responsibility for the whole of our societies; whereas recent attacks in the EU have seen victims emanating from a high number of different Member States;
Amendment 588 #
2018/2044(INI)
Motion for a resolution
Recital DD
Recital DD
DD. whereas compensation for the victims of terrorism serves both as a form of recognition by society of the harm caused by the attack and as a means of financial support and restitution; whereas levels of compensation and procedures vary considerably among Member States aggravating conditions of perceived injustice and suffering for victims;
Amendment 589 #
2018/2044(INI)
Motion for a resolution
Recital DD a (new)
Recital DD a (new)
DD a. whereas support systems need to be set up in a way to ensure that cross- border victims as well are continuously and systematically accounted for and provided with support in their country while staying in touch with support providers in the country where the attack took place;
Amendment 595 #
Amendment 597 #
2018/2044(INI)
Motion for a resolution
Recital DF
Recital DF
Amendment 604 #
2018/2044(INI)
Motion for a resolution
Recital DG
Recital DG
Amendment 610 #
2018/2044(INI)
Motion for a resolution
Recital DH
Recital DH
Amendment 617 #
Amendment 618 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Calls for the Member States and the EU institutions, when adopting and applying CT measures, to find the right balance between fundamental rights and security needs; takes view, given that one of the EU’s core aims is to promote freedom of the individual, that security measures, including counterterrorism measures, must be pursued through the rule of law and must be subject to fundamental rights obligations, including those relating to privacy and data protection;
Amendment 619 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Points out that the test of the necessity and proportionality of any measure that limits fundamental rights and freedoms needs to take into account the entire body of existing security measures targeting terrorism and serious crime;
Amendment 620 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. Calls on the Member States to ensure that the necessary data protection safeguards are in place, including appropriate technical and organisational measures to protect the security and confidentiality of personal data; urges the Member States to provide clear rules as to who can access which data in the systems, to maintain records of consultation and disclosure, and to provide for rights of access, rectification, erasure and restriction, as well as rights to compensation and judicial redress;
Amendment 621 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 c Calls on all Member States to fully implement Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (police directive). Notes that a substantial number of Member States so far have failed to notify the Commission of any transposition measures regarding this directive although the deadline expired on 6 May 2018 and calls on the Commission to act against all those Member States in breach of their transposition obligation;
Amendment 622 #
2018/2044(INI)
Motion for a resolution
Paragraph -1d (new)
Paragraph -1d (new)
-1 d. Calls for legislation in the field of terrorism and national, regional and local response strategies for protection, resilience and response in case of an attack to take into account the specific needs and circumstances of vulnerable people such as disabled people and minors; further calls for the involvement of such people and their representative organisations in the decision-making that affects them;
Amendment 623 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 e (new)
Paragraph -1 e (new)
-1 e. Calls on the Commission and the Fundamental Rights Agency to examine the challenges that exist in this field and to identify best practices within the Member States which take into account the specific circumstances of vulnerable people such as people with disabilities and minors; calls on the Commission to encourage the exchange of best practices and to develop guidance in this respect;
Amendment 624 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 f (new)
Paragraph -1 f (new)
-1 f. Calls on Member States to introduce independent oversight mechanisms into counter terrorism and counter radicalisation measures to assess their impact on fundamental rights including on non-discrimination;
Amendment 625 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 g (new)
Paragraph -1 g (new)
-1 g. Welcomes commitments made by the European Commission at the European Commission Colloquium on fundamental rights in October 2015 and in the frame of its High Level Group on Combatting Racism, Xenophobia and other forms of Intolerance. Recalls that all Member States shall diligently implement EU anti-discrimination law and take effective measures to address discrimination, hate speech and hate crimes. Recommends the adoption European standards for National Action Racism Plans, which would tackle, among others, Islamophobia;
Amendment 626 #
2018/2044(INI)
Motion for a resolution
Paragraph -1 h (new)
Paragraph -1 h (new)
-1 h. Calls on the Member States to ensure that the necessary data protection safeguards are in place, in accordance with the GDPR, including appropriate technical and organisational measures to protect the security and confidentiality of personal data; urges the Member States to provide clear rules as to who can access which data in the systems, to maintain records of consultation and disclosure, and to provide for rights of access, rectification, erasure and restriction, as well as rights to compensation and judicial redress;
Amendment 667 #
2018/2044(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to work with the Member States towards more transparency and a common understanding of threat levels; calls on the Member States to swiftly transmit information on the change of the threat level and the rationale behind it; calls on the Commission and Member States not to restrict their view of terrorism as exclusively to jihadist issues, but to remain equally vigilant as regards other forms of terrorism mentioned in the Europol Te-Sat reports, such as the issue of far-right and far-left terrorism;
Amendment 678 #
2018/2044(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to mobilize resources to monitor all foreign terrorist fighters; calls for an effective and appropriate follow-upassessment of the threat posed by returnees, and for this purpose invites Member States to share, within the scope of what existing laws allow, contextual information about returnees via Europol; calls on the Commission to assist Member States in the establishment of aligned classification systems in order to distinguish between high, medium and low-risk returnees;
Amendment 685 #
2018/2044(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends to the Member States that they start building appropriate structures to respond to child returnees, and in particular theo development of expertise, including that of a specialised risk and needs assessment tool for child returnees based on the stages of development of children and on their degree of involvement in criminal activities abroad. Rehabilitation programmes should be based on a multidisciplinary approach bringing together different expertise including experienced professionals, in the areas of trauma, extremism, child development, education and risk assessmentlegal matters related to children, child protection services, extremism, education and tailored to the local and national context, as well as clear legal and organisational structures for dealing with this phenomenon;
Amendment 694 #
2018/2044(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Encourages Member States to provide awareness training to practitioners who may interact with children returnees such as school teachers, social workers, members of sport or cultural organisations;
Amendment 697 #
2018/2044(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to revise and update the CBRN Action Plan and on Member States to establish and maintain appropriate ‘civil defence’ measures for preparedness against CBRN attacks by recruiting qualified and regularly trained personnel incorporating both full-time and voluntary staff, as well as appropriate technical infrastructure including specialised detection vehicles and the sharing of best practice; emphasises that these measures must be in line with a multidisciplinary strategy that contains methods of coordination, notification procedures, standard protocols, evacuation planning, public alarm systems and incident reporting; calls on the Commission and the Member States to gradually harmonise these strategies;
Amendment 705 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Underlines the ongoing concern of interactions between terrorist organisations and organised crime especially in reference to logistic capacities and weapons trafficking which could enable large scale attacks;
Amendment 707 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Notes that the only viable solution to respond to a CBRN attack is to establish adequate stockpiles of medical countermeasures within the EU so that they can be distributed to victims and first responders quickly and effectively and therefore calls on Member States to establish national stockpiles in accordance with Article 24(5) of Directive 2017/541 on Combatting Terrorism;
Amendment 710 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Encourages Member States and the Commission to cooperate with the private sector in order to establish mechanisms that ensure a reliable, consistent and adequate supply of such medical countermeasures including potential use of the EU Joint Procurement Mechanism established by Decision 2013/1082 on serious cross- border threats to health;
Amendment 712 #
2018/2044(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 726 #
2018/2044(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Encourages Member States to identify neighbourhoods experiencing heavy difficulties based on social and economic quantitative and qualitative criteria and develop specific policies to support local authorities to promote inclusive measures; such policies are aimed at reducing the ability of terrorist groups to obtain financial resources from illegal activities, as well as to prevent recruitment for terrorist purposes;
Amendment 732 #
2018/2044(INI)
Motion for a resolution
Subheading 22
Subheading 22
Preventing and countering radicalisationviolent extremism
Amendment 733 #
2018/2044(INI)
Motion for a resolution
Subheading 23
Subheading 23
Structures for countering radicalisationviolent extremism
Amendment 740 #
2018/2044(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for the creation of an EU ‘Centre of Excellence for Preventing Radicalisationviolent extremism (CoE PR)’, to be embedded in the Commission with adequate financial and human resources; believes its tasks should include coordination, including of funding, and facilitation of cooperation and exchange of knowledge and good practices among Member States, policymakers, practitioners (by involving former RAN and ESCN structures), as well as engagement with religious leaders or communities and relevant academics, experts and researchers in the area of preventing and countering radicalisationviolent extremism, exchange of best practices, lighthouse projects and training, also by partnering with key strategic third countries; considers that this centre should also establish methodologies to evaluate and measur, measure and improve the effectiveness of programmes and projects;
Amendment 755 #
2018/2044(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the European Court of Auditor’s report of 2018 on deradicalisation found that the Commission does not maintain a complete overview of EU-funded measures, and that no indicators or targets for EU funds are used to measure to what extent the approach is successful; calls on the Commission to propose a new financial instrument in the forthcoming MFFensure that sufficient funding under the Internal Security Fund is earmarked for preventing and countering radicalisationviolent extremism, which would streamline resources currently fragmented across different funds and programmes and allow for better coordination and visibility as well as higher impact;
Amendment 757 #
2018/2044(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Member States to adopt comprehensive national and regional strategies for preventing and countering radicalisation,violent extremism with adequate financial resources for communities and non-state actors at local level involved in the creation and implementation of programmes based on these strategies, and calls for a multi- agency approach; stresses that best results are achieved in partnership with local communities;
Amendment 760 #
2018/2044(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Emphasises that the best way to prevent violent extremism in general is to strive for an inclusive society based on tolerance and equality; calls on Member States to effectively combat against discrimination, hate speech and hate crimes;
Amendment 761 #
2018/2044(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Recommends that security approaches be complemented by long- term policies to prevent radicalisation and recruitment of citizens of the Union by extremist organisations; calls for strategies on social inclusion, education, employment and housing and policies to tackle discrimination and exclusion in order to stop vulnerable individuals from joining violent extremist organisations as well as educating the general population about other cultures and traditions;
Amendment 767 #
2018/2044(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the creation of a European Simone Veil Resilience Prize, which would be awarded every year to the best social and cultural project at local level in the EU, promoting societal engagement, EU fundamentaldemocratic values, inclusiveness and democracy with the aim of building resilient societies that are immune to polarisation and radicalisationagainst violent extremism;
Amendment 776 #
Amendment 780 #
2018/2044(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to encourage and toleraguarantee the freedom of religion and the right to exercise it freely, as enshrined in the Charter only ‘practices of Islam’f Fundamental Rights, and in this context particularly also to encourage religious practices that are in full accordance with EUdemocratic values; welcomes the initiatives by moderate Muslim religious communities throughout Europe to counter the dangerous narratives from within their communities;
Amendment 800 #
2018/2044(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to conduct prior screenings of chaplains and to consistently blacklist anwork with communities to identify hate preachers; calls on the Commission to introduce an EU watch list so as to better exchange information on radical chaplains within the scope permissible under law;
Amendment 809 #
2018/2044(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to increase the offer of higher education opportunities for chaplains in the EU, with accrediting theological education programmes integrating EU values; invites the Commission and the Member States to develop and fund a network of European religious scholars that can spread - and testify to -which include democratic values; invites Member States to share information on religious scholars religious practices of Islam that are compliant with EUdemocratic values;
Amendment 820 #
2018/2044(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Suggests the creation of a European Islamic Institute and Research Centre where scholars could conduct research on compatibilities between elements of practice of the Muslim religion and European values, and which could be called on tonetwork of religious scholars from Member States who could constitute a trusted advisory board for EU institutions and Member States on matters relating to religious ideology and democratic values;
Amendment 825 #
2018/2044(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to implement the CT Directive and Framework Decision on Racism and Xenophobia under which incitement to commit a terrorist act or a hate crime is a criminal offence, in order to exclude hate preachers from public activity using all legal measures, including refusal of visas or expulsion from EU territory, and to start judicial proceedings against such preachers;
Amendment 831 #
2018/2044(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Underlines however that the CT policies shall not lead to alienation or victimization of communities while the freedoms of belief and expression shall be also respected;
Amendment 837 #
2018/2044(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Member States to close without delay mosques and places of worship and ban associations that do not adhere to EUnot in full accordance with EU laws and democratic values and incite to terrorist offences, hatred, discrimination or violence;
Amendment 842 #
2018/2044(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Member States to fully implement without delay the 5th AML/CFT Directive and examine how to ensure that places of worship, education, charities, cultural associations and foundations and similar entities provide details regarding the provenance of their funds and their distribution, both within and outside the EU, and how data concerning these entities, where there exists suspicion or reasonable grounds to suspect links with terrorist groups, could be recorded in a centralised database, set up witheffective measures can be taken while safeguarding all the appropriate guarantees;
Amendment 856 #
2018/2044(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Asks the Member States to ban and remove all religious literature within their territory that incites to violent and terrorist acts; asks for such literature to be removed from online platforms and shops as part of the referrals by the Internet Referral Unit which should be reinforced in resources;
Amendment 862 #
2018/2044(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to act against satellite TV channels propagating hate speech in accordance with the Audiovisual Media Services Directive; requests the Commission to prepare an analysis of possible legislative changes in the Directive in order to improve the effectiveness of blocking such channels broadcasting from third countriesand to this end, calls on Member States to fully and swiftly implement the Directive to ensure that Article 6 on prevention of incitement to violence and hatred is in place across the EU;
Amendment 874 #
2018/2044(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to establish binding procedures for schools forto tacklinge the challenge of radicalisedation of pupils, and to offer training for teachers with regard to this; stresses the need for involvement of law enforcement and justice bodiesbetter cooperation with the relevant units of law enforcement in the process of addressing radicalisation;
Amendment 878 #
2018/2044(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls on Member States to invest adequate financial resources to integrate media and information literacy into national education systems and more generally in order to empower young citizens with the tools to use the internet responsibly and avoid possible risks of radicalisation;
Amendment 882 #
2018/2044(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Exhorts both the Commission and Member States to promote anti- discrimination campaigns and to set up specific policies aimed at tackling discrimination in accessing in education, healthcare, labour and the housing market;
Amendment 888 #
2018/2044(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the need to achieve automatic, fast and full removal of terrorist content; requests the Commission to present a legislative proposal obliging companies to remove terrorist content fully within one hour and to intro on the basis of duce clear reporting obligations on the incidence of terrorist content and removal rates, as well as sanctions for non- compliancegal process;
Amendment 902 #
2018/2044(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Welcomes the work of the Global Internet Forum to Counter Terrorism (GIFCT) and calls on the founding companies of GIFCT to intensify their efforts in the shared industry hash database also by sharing knowledge with smaller technology companies;
Amendment 905 #
2018/2044(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Underlines the need for closer cooperation between the EU Internet Referral Unit (IRU) and national IRUs in ensuring complementarity and avoiding unnecessary duplication in referring terrorist content to IT companies;
Amendment 907 #
2018/2044(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the creation ofCommission to create an online European platform that citizens can use in order to flag terrorist and extremist content online and increase the capacity of companies to receive, review, process and respond to flagged content;
Amendment 919 #
2018/2044(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for involvement of social media and audiovisual companies, including public broadcasteran effective partnership approach and lawful information exchange between law enforcement agencies, judicial authorities, the ICT industry, internet service providers (ISPs), internet host providers (IHPs), social media companies and NGOs, in developing and disseminating effective counter-narratives, also with the inclusion of victims.;
Amendment 927 #
2018/2044(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Encourages the European Commission and Member States authorities to strengthen their efforts to build effective counter-narratives and other strategic communications tools to disrupt the process of radicalisation towards extremist ideals;
Amendment 929 #
2018/2044(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28 b. Observes that an effective means of combating terrorism on the internet is to remove online content constituting a public provocation to commit a terrorist offence; encourages the Commission and Member States to cooperate with internet sector to prevent the misuse of social media for terrorist purposes by establishing tools to detect and flag illicit content; Member States should provide clear guidelines to ensure an adequate level of legal certainty and predictability for users and service providers and the possibility of judicial redress in accordance with national law;
Amendment 930 #
2018/2044(INI)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28 c. Encourages Member States to create incentives for private internet companies and online platforms to publish detailed transparency reports to showcase initiatives undertaken to tackle online hate speech as well as statistics concerning content removal, reason for removal and the timeframe within which contents were removed;
Amendment 931 #
2018/2044(INI)
Motion for a resolution
Paragraph 28 d (new)
Paragraph 28 d (new)
28 d. Recalls that removal decisions should be reviewed by human beings who are adequately trained and prepared to fulfil such a sensitive task;
Amendment 942 #
2018/2044(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Calls on Member States to provide support, adequate resources, targeted training, safety and supervision to penitentiary authorities at all levels and especially to frontline staff closely working with juvenile offenders and radicalised inmates. In particular, staff shall be adequately trained to detect signs of radicalisation at an early stage;
Amendment 946 #
2018/2044(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Prisons authorities shall develop specific tools and methods for identifying and monitoring radicalised inmates according to the degree of radicalisation. Inmates ranked in the highest stage of radicalisation or actively recruiting fellow prisoners shall be flagged to the judicial authorities and/or national authorities in charge of counterterrorism;
Amendment 960 #
2018/2044(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Urges Member States to introduce a licensing systemsystematic background checks for chaplains accessing prisons, and calls on the Council, with support from the Commission, to draw up guidelines on this; calls on Member States to regularly evaluate and monitor the chaplains having access to prisons;
Amendment 964 #
2018/2044(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Calls on Member States to require standard educational training for chaplains working in prisons based on best practices developed by Member States penitentiary authorities;
Amendment 965 #
2018/2044(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Encourages Member States national authorities to closely cooperate with third countries to train chaplains in order to prevent radicalisation;
Amendment 966 #
2018/2044(INI)
Motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30 c. Encourages Member States to involve victims and former violent extremists in interventions such as one-to- one or group programmes and mentoring initiatives to provide first-hand and high impact counter- and alternative narratives;
Amendment 970 #
2018/2044(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Urges Member States to implement, fully and on time, the existing legislation, and calls on the Commission to provide the necessary support; calls on the Commission to use its powers to initiate infringement proceedings when Member States fail to properly implement legislation namely on AML/CFT directives;
Amendment 974 #
2018/2044(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Urges Member States to ensure that they have the necessary technical equipment (for example mobile devices allowing the police to check the biometrics of a person during on-the-spot checks), software, security systems and qualified staff to make full use of the exist, software, and security systems to make full use of the existing information systems and cooperation mechanisms; reiterates the importance of ensuring that staff with access to such equipment have received appropriate training, information systems and cooperation mechanism particular with regard to protecting fundamental rights;
Amendment 976 #
2018/2044(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Notes in this context the crucial importance of reinforcing technical and human capacities of the FIUs to fight AML/CFT; calls for the urgent establishment of a European FIU to coordinate those in each EU Member State;
Amendment 979 #
2018/2044(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. DeplorNotes the insufficient character of the security research being conducted, and calls for a specific programme on security research to be established in the next MFF; by public institutions, calls on the Member States to regularly organise foresight exercises looking into future threat scenarios; supports the continued funding by the Commission of the establishment of modernised databases and the provision of up-to-date technical equipment and training of staff, and calls for a more ambitious approach in this respect;
Amendment 986 #
2018/2044(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Urges Member States to adopt the approach of ‘information sharing by default’ when it comes to sharing CT- related information on the basis of the applicable underlying legal regulations governing each information system, thus exchanging such information as a rule, and refraining from such exchange only in specific cases where circumstances require that it be withheld;
Amendment 1000 #
2018/2044(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Points out that existing opt-outs by some Member States from police and judicial cooperation measures for the prevention, detection, investigation and prosecution of terrorist offences and the financing of terrorism could endanger the speed and efficiency of terrorism investigations and may have detrimental effects; calls on Member States to abstain from opt-outs in this crucial field;
Amendment 1007 #
2018/2044(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. RegretsNotes that the current existence of 28 different legal regimes for data retention, which ismay be counter-productive for cooperation and information exchange; urges the Commission to put forwardevaluate a legislative proposal on data retention which respects the principles of purpose limitation, proportionality and necessity, in line with the requirements stemming from the case-law of the Court of Justice of the European Union, while taking into account the needs of the competent authorities and the specificities of the CT field;
Amendment 1012 #
2018/2044(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Urges the Member States to systematically check all relevant databases and information systemensure full implementation, and, where relevant, check the particular EU information system for information in full accordance with their access rights laid down in the underlying legal bases and to introduce all useful data in a timely manner while ensuring the necessary data quality;
Amendment 1019 #
2018/2044(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Urges the Member States to ensure that the relevant information available at local or regional level and in their databases is automatically uploaded where possible through smart technical solutions to national systems and, where appropriate, to relevant European databases whilst ensuring data quality standards;
Amendment 1026 #
2018/2044(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Welcomes the deployment of a central automated fingerprint identification system (AFIS) within SIS to enable end users to search SIS on the basis of fingerprint data; calls for the roll-out of the system by 2019; urges all Member States to implement the AFIS functionality of SIS immediately; notes that despite the legal basis of SIS II permitting the storage of fingerprints, such biometrics have so far only been used to confirm the identity of a person following a check on name or date of birth; believes that identification based solely on fingerprints would represent significant added value;
Amendment 1034 #
2018/2044(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
Amendment 1038 #
2018/2044(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for private planes, charter flights and travel agencies to be covered by the EU PNR Directive and for air carriers to be obliged to collect PNR data; calls on the Commission to evaluate security procedures enacted at aerodromes and smaller airports throughout EU Member States;
Amendment 1056 #
2018/2044(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
Amendment 1062 #
2018/2044(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Calls on Member States toNotes that the deadline for implementing the Prüm Decisions expired on 26 August 2011 and that still not all Member States have fully implement the decisions. Therefore calls on those Member States to finally fulfil their obligations under EU law and fully implement the PRUM decision; and strengthen the Prüm network by updating their national processing systems to adapt to modern information technology; urges the Commission to further develop a ‘hub- and-spoke’ model to link national systems more efficiently via a central router;
Amendment 1072 #
2018/2044(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. WelcomNotes the proposed regulations on interoperability, and calls for additional information systems, including decentralised European and national systems, to be included stresses that interoperability, as a concept, has yet to pass the test of proportionality and necessity, considering the future; asks Member States to engage proactively in thisEDPS opinion; emphasises that such a solution can be accepted only where it procvess; is convinced that interoperability is vital for bringing all relevant and necessary information together, in particular identity data, while respecting access rights and purpose limita to strike the right balance between legitimate needs for timely, efficient and relevant information for authorities in full accordance of their access rights under the legal bases and the fundamental rights of the data subjects, in particular their right to privacy and to data protection;
Amendment 1089 #
2018/2044(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Calls on the Member States to explore new approaches to intensifyingmprove cooperation and exchange of information between law enforcement and intelligence services at national level, e.g. through secure pseudonymised hit/no hit search solutions, which preserve the necessary separation between law enforcement and intelligence work and the required principles of information ownership and source protection;
Amendment 1107 #
2018/2044(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Calls on the Member States to examine the possibility of better coordination and cooperation between intelligence and law enforcement services at EU level by increasingly sending intelligence experts in addition to law enforcement staff to the meetings of the Counter-Terrorism Joint Liaison Team (CTJLT) at Europol, which could serve as a blueprint for further cooperation between law enforcement and intelligence; calls on the Commission to support the CTJLT, including specialadequate funding;
Amendment 1126 #
2018/2044(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Calls for Europol to become a veritable hub for information exchange and cooperation in the field of counter- terrorism in the EU, within the scope of applicable laws if necessary with a stronger mandate;
Amendment 1142 #
2018/2044(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Urges Member States to ensure full flexibility foruse of the contacts between Europol and the relevant authorities when it comes to terrorist offences, considering that in the field of CT speed is often essential; encourages Member States to use ‘on-the- spot deployments’ of Europol specialists, as this increases trust and reduces administrative burdens;
Amendment 1149 #
2018/2044(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Urges the Commission and the Member States to provide enhanced financial and human resources, including data scientists and big data analysts, for the development of technical solutions to deal with the high volume of data to be analysed; calls for Europol to be tasked with further R&D projects, with a focus on standardisation and big data management in this field in the context of its mandate for the benefit of Member States;
Amendment 1158 #
2018/2044(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
64. CHighlights that state-of-the-art end-to-end encryption of communications is an essential tool to safeguard the fundamental right to confidentiality of communications and ensure legitimate transactions between consumers; calls on Member States to ensure cooperation among all relevant stakeholders with a view to increasing the decryption abilities of the competent authorities; calls for the swift creation of a ‘Decryption Hub’ notes that Europol tois developing decryption tools and expertise in order to better support Member Statedecrypt information lawfully obtained in criminal investigations;
Amendment 1168 #
2018/2044(INI)
Motion for a resolution
Paragraph 66
Paragraph 66
66. Believes that operational agreements with third countries are indispensable incan be helpful for Europol’s work, and welcomnotes the fact that the Commission is currently negotiating operational agreements with eight countries from the Mediterranean and North Africa (MENA) region; requests the renegotiation of operational agreements with particular close partners, such as the EFTA countries, eventually granting them improved access to Europol’s information systems;
Amendment 1173 #
2018/2044(INI)
Motion for a resolution
Paragraph 67 a (new)
Paragraph 67 a (new)
67 a. Calls on the Fundamental Rights Agency to undertake analysis of all Counter Terrorism proposals at European level, with a particular emphasis on the proportionality and necessity of such measures;
Amendment 1180 #
2018/2044(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Calls for the use of JITs in case of terrorist attacks; believes that JITs increase the effectiveness of cooperation and the investigation of cross-border offences; further calls for the participation of Europol and Eurojust in these JITs, as this means better use of the resources and capabilities provided by the EU agencies; demands that improved and easily accessible funding is provided for such JITs and where relevant to create permanent JITs;
Amendment 1182 #
2018/2044(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70 a. Calls for appropriate funding and staffing for Eurojust considering its vital role in ensuring cross boarder judicial cooperation;
Amendment 1189 #
2018/2044(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Calls on the service providers and communications platforms to implement effectively judicial decisions on counterterrorism; calls on the Commission to examine the possibility of a legislative proposal that obliges service providers and communications platforms present on the EU market to cooperate when it comes to encrypted communications if there is a judicial decision to that effect;
Amendment 1194 #
2018/2044(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls for the swift adoption ofNotes that the Commission has presented proposals for a regulation and directive aimed at improving cross-border access to electronic evidence; requests online service providers (OSPs) to provide single points of contact for law enforcement/judiciary requests;
Amendment 1218 #
2018/2044(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
76. Encourages the Commission to continue negotiations with third countries on return and readmission and to evaluate whether the Return Directive (Directive 2008/115/EC) provides an adequate legal framework for the return of irregular migrants who pose as asylum seekers but in fact have terrorist motives and are a clear risk to public security;
Amendment 1231 #
2018/2044(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Calls on the Member States to make it compulsory for port and airport operators to conduct conformity checks when passengers board a plane in order to make sure that the identity stated on the ticket matches the ID card or passport in the passenger’s possession;
Amendment 1236 #
2018/2044(INI)
Motion for a resolution
Paragraph 79
Paragraph 79
Amendment 1242 #
2018/2044(INI)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Calls on the co-legislators to consider providing EBCGAreview whether EBCGA should be provided with a specific mandate for processing operational personal data suited to its operational role, including in the prevention and detection of cross-border crime and terrorism at the EU’s external borders; believes that such a mandate should allow for sufficient data retention periods andand to consider in this context whether such a mandate should allow for the exchange of personal data with CSDP missions, Europol and Eurojust and, in specific circumstances and with the necessary safeguards, with third countries;
Amendment 1246 #
2018/2044(INI)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Notes that suspects whose personal data was previously processed by the EBCGA will disappear in the analytical system after 90 days and appear as unknown/new suspects; calls, therefore, for the extension of the retention period of personal data managed by the EBCGA related to suspects of cross-border crime and terrorism up to a pers soon as they have been transmitted to EASO, Europol or Eurojust or to the competent authorities of the Member States or used for the preparatiodn of 3 years, similarly to the retention period of Europol and Eurojustrisk analyses and appear as unknown/new suspects;
Amendment 1268 #
2018/2044(INI)
Motion for a resolution
Paragraph 87
Paragraph 87
87. Encourages all relevant actors to entermake available battlefield information, systematically and without dewithin the scope permissible under layw, into the relevant databasescivilian sphere, so as to enable the immediate identification of foreign terrorist fighters when they try to cross the external borders;
Amendment 1278 #
2018/2044(INI)
Motion for a resolution
Paragraph 88
Paragraph 88
88. Calls for the mandate of EUNAVFOR MED Operation Sophia to be extended and its territorial scope enlarged with a view to better responding to changing migration patterns such asto tackle ghost landings from Tunisia, and for the fight against terrorism to be specifically included in its mandate;
Amendment 1283 #
2018/2044(INI)
Motion for a resolution
Paragraph 89
Paragraph 89
89. Welcomes in this regard the creation of a crime information cellpilot project within EUNAVFOR MED Operation Sophia, composed of staff members from relevant law enforcement authorities of Member States, Frontex and Europol, in order to improve information sharing between them;
Amendment 1292 #
2018/2044(INI)
Motion for a resolution
Paragraph 90
Paragraph 90
90. Calls on the Member States to reassess the possibility of a new UN Security Council resolution allowingseek an international legal mandate for Operation Sophia to take operational measures against vessels and related assets inside the coastal states’ territory which are suspected of being used for human smuggling or trafficking, oil smuggling, violating the UN arms embargo or terrorism-related offences;
Amendment 1295 #
2018/2044(INI)
Motion for a resolution
Paragraph 91
Paragraph 91
91. Encourages Member States and third countries to effectively and fully implement the EU Anti Money- Laundering and Counter Financing of Terrorism (AML/CFT) Directives, transpose and enforce as soon as possible AMLD5, as well as implement the FATF recommendations, as well as the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation adopted by the FATF in February 2012 (the so-called ‘revised FATF Recommendations’), without delay;
Amendment 1304 #
2018/2044(INI)
Motion for a resolution
Paragraph 93
Paragraph 93
93. Calls on the Member States to set up as soon as possible an EU FIU (Financial Investigative Unit) under Europol coordination and to step up the monitoring of organisations suspected of engaging in illicit trade, smuggling, counterfeiting and fraudulent practices via the establishment of JITs with Europol;
Amendment 1309 #
2018/2044(INI)
Motion for a resolution
Paragraph 94
Paragraph 94
94. Is highly concerned at the scale of illicit tobacco markets in the EU, the proceeds of which can be used to finance terrorism, including via excise fraud; invites the Member States to consider ratifying and implementing the Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO Framework Convention on Tobacco Control (WHO FCTC);
Amendment 1314 #
2018/2044(INI)
Motion for a resolution
Paragraph 96
Paragraph 96
96. Calls on the Member States and the Commission to make it mandatory for companies involved in art dealing to declare alland art and antiquities storing, namely so called “free ports” to declare to customs all stored goods and suspicious transactions, and to make the owners of companies dealing in art and antiques, and storing them who become involved in the trafficking of such goods subject to effective, proportionate and dissuasive penalties;
Amendment 1323 #
2018/2044(INI)
Motion for a resolution
Paragraph 97
Paragraph 97
97. Calls on the Commission to develop, together with Member States and international partners, ways of better monitoring financial flows and identifying users of virtual currencies, electronic wallets and prepaid cards, crowdfunding platforms and online and mobile payment systems in relevant investigations;
Amendment 1325 #
2018/2044(INI)
Motion for a resolution
Paragraph 97 a (new)
Paragraph 97 a (new)
97 a. Welcomes and supports the Commission proposal to revise the VAT system in order to eliminate loopholes which enable the so-called “carousel fraud” which yearly deviates over 50 billion euros into organised crime, including terrorist networks; strongly urges Member States to adopt and enact the Commission proposal without delay.
Amendment 1333 #
2018/2044(INI)
Motion for a resolution
Paragraph 98
Paragraph 98
98. Calls for the establishment of a European Union Terrorist Financing Tracking System (TFTS) for transactions by individuals with links to terrorism and its financing made within the Single Euro Payments Area, which would be complementary to the Terrorist Financing Tracking Program (TFTP) in the US and which should be operated in articulation with the EU FIU;
Amendment 1338 #
2018/2044(INI)
Motion for a resolution
Paragraph 99
Paragraph 99
99. Urges the further development and capabilities of FIU.net by Europol, and namely under an EU FIU so that it can be used to its full potential and in order to facilitate the manual processing of bilateral requests;
Amendment 1344 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99 a. Calls on Member States to ensure that cryptocurrency companies fully apply Anti-Money Laundering regulations when users convert cryptocurrencies to real currency;
Amendment 1347 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 b (new)
Paragraph 99 b (new)
99 b. Stresses the importance of enhancing interaction and exchange of information between investigative authorities and the private sector, namely obliged entities under the EU AML/CFT Directive, to overcome the shortcomings of segregated and incomplete information submitted by suspicious transaction reports; calls on the Commission and Member States to develop dedicated fora for sharing financial information, including on use of virtual currency, including the private sector, under safe channels and EU data protection standards; notes the important role that Europol could play in this regard;
Amendment 1348 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 c (new)
Paragraph 99 c (new)
99 c. Calls on the Commission to examine the EU regulation virtual currency platforms, and namely exchanges between different virtual currencies, since some Member States have already spearheaded national systems to become global hubs for virtual currency platforms; calls on the Commission to form an expert working group to explore next steps in the EU- wide regulation of virtual currencies; calls on the Commission and Member States to act as global advocates for a coherent and coordinated international regulatory framework around virtual currencies;
Amendment 1349 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 d (new)
Paragraph 99 d (new)
99 d. Calls on Commission and Member States to mandate and support formal, strategic and sustained operational law enforcement training to enhance capacity in Member States for investigating illicit activity involving virtual currencies; stresses that these efforts should ensure a standard level of law enforcement competency across the EU, so that certain Member States do not fall behind; emphasises the importance of conducting the EU-wide risk assessments of virtual currency activities and of coordinating investigative initiatives to use findings from those assessments to develop strategies for regulatory and law enforcement approaches over the short, medium and long-term;
Amendment 1350 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 e (new)
Paragraph 99 e (new)
99 e. Calls on Member States to encourage cryptocurrency companies to use analysis tools to assess potential criminal activity associated with the destination and recipient addresses;
Amendment 1351 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 f (new)
Paragraph 99 f (new)
99 f. Encourages the Commission to carry out an in-depth assessment to evaluate whether features designed to make cryptocurrency users untraceable should be banned;
Amendment 1352 #
2018/2044(INI)
Motion for a resolution
Paragraph 100
Paragraph 100
100. Calls on the Member States which have not yet done so to establish national CIP programmes addressing the issues identified by the Commission, especially in relation to the potential vulnerabilities of critical infrastructures, in its 2006 communication on a European Programme for Critical Infrastructure Protection which should be revised and updated;
Amendment 1356 #
2018/2044(INI)
Motion for a resolution
Paragraph 103
Paragraph 103
103. Demands that the designation of European Critical Infrastructures (ECIs) with an impact on more than one Member State must follows a multilateral process involving all of the potentially affected Member States;
Amendment 1361 #
2018/2044(INI)
Motion for a resolution
Paragraph 106
Paragraph 106
106. Calls for Directive 2008/114 to be revised, in order to: provide similar rules and procedures for ‘operators of essential services’ as in the NIS Directive; ensure that designation of ECIs be done on the basis of an analysis of the systems supporting vital and cross-border services, rather than a sector-by-sector approach, taking due account of the importance of cybersecurity; allow the Commission to designate assets of pan-European services as ECIs; take due account of existing interdependencies; create an obligation to report incidents, conduct stress tests, provide appropriate training at the designated contact points and establish quality requirements as regards business and operational continuity plans in the case of an incident or attack;
Amendment 1364 #
2018/2044(INI)
Motion for a resolution
Paragraph 107
Paragraph 107
107. Recommends that the private sector be involved when devising programmes for the protection of critical infrastructure and soft targets, and highlights the need to develop public-private dialogues to this effect and to develop national and local resilience;
Amendment 1380 #
2018/2044(INI)
Motion for a resolution
Paragraph 111
Paragraph 111
111. Welcomes the cross-border exercise to improve the protection of soft targets against terrorist attacks, involving Belgium and the Netherlands, which took place in June 2017; notes that the exercise was funded by the Commission and aimed at measuring preparedness and crisis management functions in a situation where two attacks take place simultaneously in different countries; calls for similar exercises to be carried out involving these and other Member States;
Amendment 1391 #
Amendment 1398 #
2018/2044(INI)
Motion for a resolution
Paragraph 120
Paragraph 120
120. Calls on the Member States to adopt firearms and ammunition surrender programmes tailored to the specific context of the illicit firearms markets; calls for the effective penalisation of illicit firearms possession and trafficking; calls for strict implementation by Member States of the Council Common Position 2008/944/CFSP of 8 December 2008, defining common rules governing control of exports of military technology and equipment;
Amendment 1399 #
2018/2044(INI)
Motion for a resolution
Paragraph 120 a (new)
Paragraph 120 a (new)
120 a. Supports the revision of the EU Strategy to Combat the Illicit Accumulation and Trafficking of Small Arms and Light Weapons (SALW) by taking into account the new security context and the developments in SALW design/technology thus affecting the capacity to address the threat;
Amendment 1404 #
2018/2044(INI)
Motion for a resolution
Paragraph 121 a (new)
Paragraph 121 a (new)
121 a. Encourages Member States law enforcement authorities to set up specialised illicit firearms trafficking police teams equipped with sufficient staff, expertise and equipment;
Amendment 1405 #
2018/2044(INI)
Motion for a resolution
Paragraph 121 b (new)
Paragraph 121 b (new)
121 b. Calls on Member States to introduce restrictions on selling knives to under 18 years old and on the carrying of knives without a valid reason; calls on the banning of particularly harmful knives such as zombie or butterfly knives; encourages Member States to evaluate measures to restrict the sale of knives online;
Amendment 1408 #
2018/2044(INI)
Motion for a resolution
Paragraph 122
Paragraph 122
122. Calls for the intensification of EU cooperation with neighbouring countries in the area of CT; considers that the EU must maintain a global approach to CT, with a specific focus on cooperation with key third countries on the basis of clearly defined priorities; respect for the protection and fulfilment of human rights, in accordance with the International Covenant on Civil and Political Rights; reminds that international and regional human rights law makes clear that states have both a right and a duty to protect individuals under their jurisdiction from terrorist attacks to ensure respect for the right to life and the right to security; at the same time stresses that the EU external action in the field of CT should be guided by the purposes set out in Article 55 of the Charter of the United Nations, including universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion; insists, therefore, that as part of states’ duty to protect individuals within their jurisdiction, all measures taken to combat terrorism must themselves also comply with states’ obligations under international law, in particular international human rights, refugee and humanitarian law;
Amendment 1413 #
2018/2044(INI)
Motion for a resolution
Paragraph 122 a (new)
Paragraph 122 a (new)
122 a. Insists that the EU cooperation with third countries in the field of CT must be based on respect for international human rights and humanitarian law, including an absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment, transfer of detainees in a manner which is transparent and consistent with human rights and the rule of law, non- discrimination, due process and the right to a fair trial;
Amendment 1416 #
2018/2044(INI)
Motion for a resolution
Paragraph 122 b (new)
Paragraph 122 b (new)
122 b. Calls on the EU to continue and intensify its efforts, in coordination with the UN, in seeking a political settlement to the war in Yemen that is truly inclusive, addresses demands for local autonomy and provides interim security arrangements, which are essential pre- requisites to fighting back AQAP and Daesh;
Amendment 1418 #
2018/2044(INI)
Motion for a resolution
Paragraph 122 c (new)
Paragraph 122 c (new)
122 c. Calls on the EU to embark on an ambitious diplomatic initiative to promote de-escalation between Saudi Arabia and Iran in implementation of the Council Conclusions of 20 July 2015, as tensions between these two countries drive sectarianism and incite radicalisation of all sides in the Middle Eastern region;
Amendment 1435 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 a (new)
Paragraph 125 a (new)
125 a. Calls on the EU to engage constructively with peaceful Islamist political and social movements who can act as firewalls against violent radicalisation;
Amendment 1445 #
2018/2044(INI)
Motion for a resolution
Paragraph 126
Paragraph 126
126. Calls on the Commission to establish an EU Coordination Centre for victims of terrorism (CCVT), which should provide timely and adequate crisis support in cases of mass attacks in one or several Member States; considers that the role of the CCVT would be to ensure the provision of expertise at EU level by promoting exchange of knowledge and best practices; stresses however the need to extend support and protection measures to indirect victims, like victim’s relatives, eyewitnesses and first responders;
Amendment 1462 #
2018/2044(INI)
Motion for a resolution
Paragraph 128
Paragraph 128
128. Calls on the Commission to put forward a legislative proposal on the victims of terrorism, including a clear definition of their specific status and rights,, rights, and possibilities for legal support and a standardised form to claim compensation; considers that there should be a simplified procedure at national level for granting automatic compensation to victims of terrorism directly after an attack and for sanctioning fraudsters, and that the question of further compensation should be reviewed at regular intervals on the basis of an assessment of the victim’s situation;
Amendment 1467 #
2018/2044(INI)
Motion for a resolution
Paragraph 129 a (new)
Paragraph 129 a (new)
129 a. Calls on Member States to ensure that a comprehensive response to the specific needs of victims of terrorism immediately after a terrorist attack and for as long as necessary is provided within the national emergency- response infrastructure; notes that to that end, Member States should set up a single and updated website with all relevant information and an emergency support centre for victims and their family members providing for psychological first aid and emotional support as referred to Directive (EU) 2017/541 of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision2005/671/JHA;
Amendment 1471 #
2018/2044(INI)
Motion for a resolution
Paragraph 131
Paragraph 131
131. Calls on the Member States to put in place appfor the full and effective implementation of Directive (EU) 2015/637 in order to ensure consular protection for EU citizens in third countries where their Member States are not represented; underlines that a growing number of European citizens have suffered terropriate consular protocols in relationst attacks in a country that is not their own, and therefore urgently calls for the establishment of protocols in Member States to their lp non-nationals who are the victims Europeans in the event of a terrorist attack, in another Member State or third countryline with Directive (EU) 2017/541 on combating terrorism;
Amendment 1472 #
2018/2044(INI)
Motion for a resolution
Paragraph 132
Paragraph 132
132. Calls on the Member States to ensure that the assistance provided to victims of terrorism also encompasses measures such as first aid, psychological support, protection from secondary victimisation, effective access to justice, cash advances to help cover immediate expenses, certified childcare and home support, tax relief schemes or other forms of social benefits and help with transport;
Amendment 1490 #
Amendment 1494 #
2018/2044(INI)
Motion for a resolution
Paragraph 136
Paragraph 136
Amendment 1508 #
2018/2044(INI)
Motion for a resolution
Paragraph 137
Paragraph 137
Amendment 1512 #
2018/2044(INI)
Motion for a resolution
Paragraph 138
Paragraph 138
Amendment 1515 #
2018/2044(INI)
Motion for a resolution
Paragraph 139
Paragraph 139
Amendment 1518 #
Amendment 1519 #
2018/2044(INI)
Motion for a resolution
Paragraph 139 a (new)
Paragraph 139 a (new)
139 a. Encourages the Commission to regularly submit reports to the European Parliament and to the Council, assessing the added value of the anti-terrorism legislation; asks that such reports shall also focus on fundamental rights and freedoms, including on non- discrimination, on the rule of law, and on the level of protection and assistance provided to victims of terrorism;
Amendment 122 #
2018/0329(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common standards and procedures in Member States for returning illegalrregularly staying third-country nationals (recast) A contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018
Amendment 134 #
2018/0329(COD)
Proposal for a directive
Recital 4
Recital 4
(4) That European return policy should be based on common standards, for persons to be returned in a humane manner and with full respect for their fundamental rights and dignity , as well as international law, including refugee protection and human rights obligations. Clear, transparent and fair rules need to be established to provide for an effective European return policy which serves as a deterrent to irregular migration and ensures coherence with and contributes to the integrity of the Common European Asylum System and the legal migration system .
Amendment 144 #
2018/0329(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Member States should ensure that the ending of illegalrregular stay of third- country nationals is carried out through a fair and transparent procedure. According to general principles of EU law, decisions taken under this Directive should be adopted on a case-by-case basis and based on objective criteria, implying that consideration should go beyond the mere fact of an illegalrregular stay. When using standard forms for decisions related to return, namely return decisions and, if issued, entry-ban decisions and decisions on removal, Member States should respect that principle and fully comply with all applicable provisions of this Directive.
Amendment 145 #
2018/0329(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 160 #
2018/0329(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is recognised that it is legitimate for Member States to return illegalrregularly staying third-country nationals, provided that fair and efficient asylum systems are in place which fully respect the principle of non-refoulement.
Amendment 163 #
2018/0329(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In accordance with Council Directive 2005/85/EC12 , a third-country national who has applied for asylum in a Member State should not be regarded as staying illegalrregularly on the territory of that Member State until a negative decision on the application, or a decision ending his or her right of stay as asylum seeker has entered into force. _________________ 12Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ L 326, 13.12.2005, p. 13).
Amendment 166 #
2018/0329(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure clearer and more effective rules for granting a period for voluntary departure and detaining a third- country national, determining whether there is or there is not a risk of absconding should be based on Union-wide objective criteria. Moreover this Directive should set out specific criteria which establish a ground for a rebuttable presumption that a risk of absconding exists, exhaustive and limited list of criteria.
Amendment 171 #
2018/0329(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 177 #
2018/0329(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Where there are no reasons to believe that the granting of a period for voluntary departure would undermine the purpose of a return procedure, voluntary return should be preferred over forced return Voluntary return should always be preferred over forced return and an appropriate period for voluntary departure of thirty days should be granted. Member states should be able to decide to grandt an appropria shorter period for voluntary departure of up to thirty days, depending in particular on the prospect of return, should beminimum 7 days and exceptionally not to granted. A a period for voluntary departure should not be granted where it has been assessed that third- country nationals pose a risk of absconding, have had a previous application for legal stay dismissed as fraudulent or manifestly unfounded, or they pose agenuine and present risk to public policy, public security or national security. An extension of the period for voluntary departure should be provided for when considered necessary because of the specific circumstances of an individual case.
Amendment 189 #
2018/0329(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to promote voluntary return, Member States should have operational programmes providing for enhanced return assistance and counselling, which mayshould include support for reintegration in third countries of return, taking into account the common standards on Assisted Voluntary Return and Reintegration Programmes developed by the Commission in cooperation with Member States and endorsed by the Council.
Amendment 198 #
2018/0329(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The deadline for lodging an appeal against decisions related to return should provide enough time to ensure access to an effective remedy, while taking into account that long deadlines can have a detrimental effect on return procedures. To avoid possible misuse of rights and procedures, a maximum period not exceeding five days should be granted to appeal against a return decision. This provision should only apply following a decision rejecting an application for international protection which became final, including after a possible judicial review.
Amendment 206 #
2018/0329(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 217 #
2018/0329(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An appeal against a return decision shouldall always have an automatic suspensive effect only in cases where there is a risk of breach of the principle of non- refoulement.
Amendment 221 #
2018/0329(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In cases where the principle of non-refoulement is not at stake, appeals against a return decision should not have an automatic suspensive effect. The judicial authorities should be able to temporarily suspend the enforcement of a return decision in individual cases for other reasons, either upon request of the third- country national concerned or acting ex officio, where deemed necessary. Such decisions should, as a rule, be taken within 48 hours. Where justified by the complexity of the case, judicial authorities should take such decisio be taken without undue delay.
Amendment 228 #
2018/0329(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 233 #
2018/0329(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The necessary legal aid should be made available , upon requestfree of charge, to those who lack sufficient resources. National legislation should establish a list of instances where legal aid is to be considered necessarylegal aid.
Amendment 239 #
2018/0329(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The situation of third-country nationals who are staying illegalrregularly but who cannot yet be removed should be addressed. Their basic conditions of subsistence should be defined according to national legislation. In order to be able to demonstrate their specific situation in the event of administrative controls or checks, such persons should be provided with written confirmation of their situation. Member States should enjoy wide discretion concerning the form and format of the written confirmation and should also be able to include it in decisions related to return adopted under this Directive.
Amendment 244 #
2018/0329(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 252 #
2018/0329(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The use of detention for the purpose of removal should be limited, always used at last resort and subject to the principle of proportionality with regard to the means used and objectives pursued. Detention is justified only to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficient.
Amendment 258 #
2018/0329(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Detention should be imposed, following an individual assessment of each case, where there is a risk of absconding, where the third-country national avoids or hampers the preparation of return or the removal process, or when the third country national concerned poses a risk to public policy, public security or national security.
Amendment 268 #
2018/0329(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Given that maximum detention periods in some Member States are not sufficientThe maximum period of detention should be two months, which may be prolonged, no more than two ensure the implementation of return, a maximum period of detention between three and six months, which may be prolonged, should be established in times, which means a maximum period of six months, in order to provide for sufficient time to complete the return procedures successfully, without prejudice to the established safeguards ensuring that detention is only applied when necessary and proportionate and for as long as removal arrangements are in progress.
Amendment 272 #
2018/0329(COD)
Proposal for a directive
Recital 30
Recital 30
Amendment 286 #
2018/0329(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 298 #
2018/0329(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 304 #
2018/0329(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 309 #
2018/0329(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 319 #
2018/0329(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) EU data protection legislation is applicable to any processing of personal data in the return management systems of the Member states, including the communication of this data to the central system operated by the European Border and Coast Guard Agency. Return management systems should respect the principles of lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and accountability of the data controller. The national return management systems should not contain any information obtained during the personal interview carried out on the basis of Article 15 of Directive 2013/32/EU (Asylum Procedures Directive).
Amendment 324 #
2018/0329(COD)
Proposal for a directive
Recital 40
Recital 40
(40) The Union provides financial and operational support in order to achieve an effective implementation of this Directive. Member States should make best use of the available Union financial instruments, programmes and projects in the field of return, in particular under Regulation (EU) …/… [Regulation establishing the Asylum and Migration Fund], as well as of the operational assistance by the European Border and Coast Guard Agency according to Regulation (EU) …/… [EBCG Regulation]. Such support should be used in particular for establishing return management systems and programmes for providing logistical, financial and other material or in-kind assistance to support the return – and where relevant the reintegration – of illegalrregularly staying third- country nationals.
Amendment 333 #
2018/0329(COD)
Proposal for a directive
Recital 46
Recital 46
(46) The purpose of an effective and dignified implementation of the return of third- country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with this Directive, is an essential component of the comprehensive efforts to tackle irregular migration and represents an important reason of substantial public interestonents of the European migration policy.
Amendment 336 #
2018/0329(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Member States' return authorities need to process personal data to ensure the proper implementation of return procedures and the successful enforcement of return decisions. The third countries of return are often not the subject of adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679 of the European Parliament and of the Council18 , or under Article 36 of Directive (EU) 2016/68019 , and have often not concluded or do not intend to concludeand have often not concluded a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 46 of Regulation (EU) 2016/679 or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. Despite the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or pursuant to the national provisions transposing Article 36 of Directive (EU) 2016/680, cover a limited number of such third countries. In the situation where such agreements do not exist, personal data should not be transferred by Member States' competent authorities for the purposes of implementing the return operations of the Union, in line with the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 of Directive (EU) 2016/680to authorities of third countries. _________________ 18Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 4.5.2016, p. 1). 19Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119 4.5.2016, p. 89).
Amendment 342 #
2018/0329(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive sets out common standards and procedures to be applied in Member States for returning illegalrregularly staying third- country nationals, in accordance with fundamental rights as general principles of Union law as well as international law, including refugee protection and human rights obligations.
Amendment 343 #
2018/0329(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to third- country nationals staying illegalrregularly on the territory of a Member State.
Amendment 346 #
2018/0329(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 349 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘illegalrregular stay’ means the presence on the territory of a Member State, of a third- country national who does not fulfil, or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in that Member State;
Amendment 363 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
4. ‘return decision’ means an administrative or judicial decision or act, stating or declaring the stay of a third- country national to be illegalrregular and imposing or stating an obligation to return;
Amendment 392 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The objective criteria referred to in point 7 of Article 3 shall include at leastexclusively include the following criteria:
Amendment 396 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 399 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 401 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 403 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 407 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
Amendment 413 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) non-compliance with the requirement of Article 8(2) to go immediately to the territory of another Member State that granted a valid residence permit or other authorisation offering a right to stay;
Amendment 414 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point j
Article 6 – paragraph 1 – point j
Amendment 420 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point m
Article 6 – paragraph 1 – point m
Amendment 423 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point n
Article 6 – paragraph 1 – point n
Amendment 424 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point o
Article 6 – paragraph 1 – point o
Amendment 426 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point p
Article 6 – paragraph 1 – point p
Amendment 441 #
Amendment 445 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall impose on third-country nationals the obligation to cooperate withfacilitate the cooperation between third-country nationals and the competent authorities of the Member States at all stages of the return procedures. That obligation shall include the following in particular:All information on the procedure shall be given to the third country nationals in a language which they understand.
Amendment 450 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the dutyThird country nationals cooperate to provide all the elements that are necessary for establishing or verifying identity;
Amendment 453 #
2018/0329(COD)
Amendment 460 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the duty to remain present andThird country nationals remain available throughout the procedures;
Amendment 465 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 472 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 487 #
Amendment 491 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall issue a return decision to any third-country national staying illegalrregularly on their territory, without prejudice to the exceptions referred to in paragraphs 2 to 5.
Amendment 493 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Third-country nationals staying illegalrregularly on the territory of a Member State and holding a valid residence permit or other authorisation offering a right to stay issued by another Member State shall be required to go to the territory of that other Member State immediately. In the event of non-compliance by the third- country national concerned with this requirement, or where the third-country national’s immediate departure is required for reasons of public policy or national security, paragraph 1 shall apply.
Amendment 496 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States may refrain from issuing a return decision to a third-country national staying illegalrregularly on their territory if the third-country national concerned is taken back by another Member State under bilateral agreements or arrangements existing on 13 January 2009 . In such a case the Member State which has taken back the third-country national concerned shall apply paragraph 1.
Amendment 500 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States may at any moment decide to grant an autonomous residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other reasons to a third- country national staying illegalrregularly on their territory. In that event no return decision shall be issued. Where a return decision has already been issued, it shall be withdrawn or suspended for the duration of validity of the residence permit or other authorisation offering a right to stay.
Amendment 502 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. If a third-country national staying illegalrregularly on the territory of a Member State is the subject of a pending procedure for renewing his or her residence permit or other authorisation offering a right to stay, that Member State shall consider refraining from issuing a return decision, until the pending procedure is finished.
Amendment 506 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Member States shallmay issue a return decision immediately after the adoption of a decision ending a legal stay of a third- country national, including a decision not granting a third-country national refugee status or subsidiary protection status in accordance with Regulation (EU) …/… [Qualification Regulation].
Amendment 523 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
A return decision shall provide for an appropriate period for voluntary departure of up to thirty days, without prejudice to the exception referred to in paragraphs 2 and 4. Member States may provide in their national legislation that such a period shall be granted only following an application by the third-country national concerned. In such a case, Member States shall inform the third-country nationals concerned of the possibility of submitting such an application.
Amendment 534 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall notmay grant a period for voluntary departure of no less than seven days and exceptionally refrain from granting a period ofor voluntary departure in following cases: :
Amendment 535 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) where there is a risk of absconding determined in accordance with Article 6 ;in case of explicit expression of non-compliance with return-related measures applied by virtue of the Directive or non-compliance with a measure aiming at preventing the risk of absconding.
Amendment 536 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
Amendment 539 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point c
Article 9 – paragraph 4 – point c
(c) where the third-country national concerned poses a genuine and present risk to public policy, public security or national security.
Amendment 551 #
2018/0329(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall take all necessary measures to enforce the return decision if no period for voluntary departure has been granted in accordance with Article 9(4) or if the obligation to return has not been complied with within the period for voluntary departure granted in accordance with Article 9. Those measures shall include all measures necessary to confirm the identity of illegalrregularly staying third-country nationals who do not hold a valid travel document and to obtain such a document.
Amendment 567 #
2018/0329(COD)
Proposal for a directive
Article 12 – title
Article 12 – title
12 Return and removal of unaccompanied minors
Amendment 576 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the child.
Amendment 585 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Return decisions shallmay be accompanied by an entry ban:
Amendment 588 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 594 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The length of the entry ban shall be determined with due regard to all relevant circumstances of the individual case and shall not in principle exceed five years. It may however exceed five years if the third- country national represents a genuine and serious threat to public policy, public security or national security.
Amendment 604 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each Member State shall set up, operate, maintain and further develop a national return management system, which shall process all the necessary information for implementing this Directive, in particular as regards the management of individual cases as well as of any return- related procedure, including reintegration in the country of return.
Amendment 611 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
Member States shall establish programmes for providing logistical, financial and other material or in-kind assistance, in accordance with national legislation, for the purpose of supporting the return of illegalrregularly staying third-country nationals who are nationals of third countries listed in Annex I to Council Regulation 539/200130 . _________________ 30Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).
Amendment 615 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
Such assistance mayshall include support for reintegration in the third country of return.
Amendment 619 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
Amendment 626 #
2018/0329(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall provide, upon request, a written or oral translation of the main elements of decisions related to return, as referred to in paragraph 1, including information on the available legal remedies in a language the third- country national understands or may reasonably be presumed to understand.
Amendment 627 #
2018/0329(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 636 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
Amendment 640 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
The enforcement of the return decision shall be automatically suspended during the period for bringing the appeal at first instance and, where that appeal has been lodged within the set period, during the examination of the appeal, where there is a risk to breach the principle of non- refoulement. Should a further appeal against a first or subsequent appeal decision be lodged, and in all other cases, the enforcement of the return decision shall not be suspended unless a court or tribunal decides otherwise taking into due account the specific circumstances of the individual case upon the applicant’s request or acting ex officio, during the examination of the appeal and until the decision on the appeal has been notified to the applicant.
Amendment 647 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 2
Article 16 – paragraph 3 – subparagraph 2
Amendment 649 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 3
Article 16 – paragraph 3 – subparagraph 3
Amendment 655 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Member States shall grant a period not exceeding fiveat least fifteen days to lodge an appeal against a return decision when such a decision is the consequence of a final decision rejecting an application for international protection taken in accordance with Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 665 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Member States shall ensure that the necessary legal assistance and/or representation is granted on request free of charge in accordance with relevant national legislation or rules regarding legal aid, and may provide that such free legal assistance and/or representation is subject to conditions as set out in Article15(3) to (6) of Directive 2005/85/EC.
Amendment 671 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Unless other sufficient but less coercive measures can be applied effectively in a specific case, Member States may only keep in detention a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process, in particular when:
Amendment 681 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c
Article 18 – paragraph 1 – subparagraph 1 – point c
(c) the third-country national concerned poses a genuine and present risk to public policy, public security or national security.
Amendment 682 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
Amendment 694 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Detention shall be maintained for as long a period as the conditions laid down in paragraph 1 are fulfilled and it is necessary to ensure successful removal. Each Member State shall set a maximumlimited period of detention of not less than three months and not more than sixmaximum 2 months.
Amendment 700 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 6 – introductory part
Article 18 – paragraph 6 – introductory part
6. Member States may not extend the period referred to in paragraph 5 except for a limited period not exceeding a further twelvefour months in accordance with national law in cases where regardless of all their reasonable efforts the removal operation is likely to last longer owing to:
Amendment 713 #
Amendment 718 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of timenever be detained.
Amendment 723 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Families detained pending removal shall be providedPending removal families and unaccompanied minors shall be provided with alternative measures to detention, with separate accommodation guaranteeing adequate privacy.
Amendment 727 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have, depending on the length of their stay, access to education.
Amendment 731 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Unaccompanied minors shall as far as possibleMinors shall be provided with accommodation in institutions provided with personnel and facilities which take into account the needs of persons of their age.
Amendment 736 #
2018/0329(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The best interests of the child shall be a primary consideration in the context of the detention of minors pending removalall situations.
Amendment 742 #
Amendment 12 #
2018/0258(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) As customs authorities of the Member States have been taking up an increasing number of responsibilities, which often extend to the field of security and take place at the external border, ensuring equivalence in carrying out border control and customs control at the external borders needs to be addressed by providing adequate Union financial support to the Member States. It is equally important to promote inter-agency cooperation at Union borders as regards controls of goods and controls of persons among the national authorities in each Member State that are responsible for border control or for other tasks carried out at the border.
Amendment 17 #
2018/0258(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. As part of the Integrated Border Management Fund, the Instrument has the general objective to support the customs union and customs authorities to protect the financial and economic interests of the Union and its Member States, to ensure security and safety within the Union and to protect the Union from unfair and illegal trade while facilitating legitimate business activity.
Amendment 20 #
2018/0258(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 230 #
2018/0249(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. When funding from the thematic facility is granted in direct or indirect management to Member States, it shall be ensuno funding shall be available for projects whered that selected projects are not affected by a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU that puts at risk the legality and regularity of expenditure or the performance of projectse legality of those projects, or the legality and regularity of that funding, or the performance of those projects, would be called into question as a result of a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU.
Amendment 231 #
2018/0249(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. When funding from the thematic facility is implemented in shared management, the Commission shall, for the purposes of Article 18 and Article 19(2) of Regulation (EU) No …/… [CPR], assess whether the foreseen actions are not affected by a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU that puts at riskto ensure that no funding shall be available for projects where the legality of those projects, or the legality and regularity of expenditurethose projects, or the performance of those projects, would be called into question as a result of a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU.
Amendment 24 #
2018/0247(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Assistance should also be provided in compliance with the agreements concluded by the Union with the beneficiaries listed in Annex I. Assistance should mainly focus on assisting the beneficiaries listed in Annex I to strengthen democratic institutions and the rule of law, reform the judiciary and public administration, respect fundamental rights and, protect of minorities, to promote gender equality, tolerance, social inclusion and non-discrimination. Assistance should also support the key principles , protect humand rights as’ defined in the European Pillar of Social Rights.17 Assistance should continue to support their efforts to advance regional, macro- regional and cross-border cooperation as well as territorial development, including through implementation of Union macro- regional strategies. It should also enhance their economic and social development and economic governance, underpinning a smart, sustainable and inclusive growth agenda, including through implementation of regional development, agriculture and rural development, social and employment policies and the development of the digital economy and society, also in line with the flagship initiative Digital Agenda for the Western Balkans. _________________ 17 European Pillar of Social Rights solemnly proclaimed by the European Parliament, the Council and the Commission at the Gothenburg Social Summit for Fair Jobs and Growth, Gothenburg 17 November 2017enders, whistle-blowers and civil society, and to support initiatives that promote transparency, accountability, integrity and the fight against corruption.
Amendment 29 #
2018/0247(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Assistance should also support the key principles and rights as defined in the European Pillar of Social Rights.1a Assistance should continue to support their efforts to advance regional, macro- regional and cross-border cooperation as well as territorial development, including through implementation of Union macro- regional strategies. It should also enhance their economic and social development and economic governance, underpinning a smart, sustainable and inclusive growth agenda, including through implementation of regional development, agriculture and rural development, social and employment policies and the development of the digital economy and society, also in line with the flagship initiative Digital Agenda for the Western Balkans. _________________ 1a European Pillar of Social Rights solemnly proclaimed by the European Parliament, the Council and the Commission at the Gothenburg Social Summit for Fair Jobs and Growth, Gothenburg 17 November 2017.
Amendment 34 #
2018/0247(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Enhanced strategic and operational cooperation between the Union and the beneficiaries listed in Annex I on security is pivotal to addressing effectively and efficiently security threats, including serious crime and terrorism threats.
Amendment 42 #
2018/0247(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It is essential to further step up cooperation on migrationcommon challenges including border management, ensuring access to international protection, sharing relevant information, strengthening the development benefits of migration, facilitating legal and labour migration, enhancing border control and pursuing our effort in the fight against irregular migration, trafficking in human beings and migrant smuggling.
Amendment 44 #
2018/0247(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) It is essential to promote social protection and social inclusion as part of cooperation between the Union and the beneficiaries listed in Annex I. Interventions in this area should seek to promote inclusive, effective, efficient, and adequate social protection systems, fostering social inclusion, promoting equal opportunities and addressing inequalities and poverty.
Amendment 45 #
2018/0247(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Strengthening the rule of law, including by ensuring the independence of the judiciary, transparency and non- arbitrariness in decision making by public authorities and law enforcement, by providing support for independent human rights’ defenders and civil society organisations undertaking monitoring compliance with the rule of law, and by supporting initiatives that promote transparency, accountability, integrity, and the fight against corruption and organised crime, and good governance, including public administration reform, remain key challenges in most of the beneficiaries listed in Annex I and are essential in order for beneficiaries to come closer to the Union and later to fully assume the obligations of Union membership. In view of the longer-term nature of the reforms pursued in those areas and the need to build up track records, financial assistance under this Regulation should address the requirements placed on the beneficiaries listed in Annex I as early as possible.
Amendment 71 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) To strengthen the rule of law, democracy, the respect of human rights, fundamental rights and international law, civil society and security as well as improve migration management including border management and the independence of the judiciary, to protect minorities, to support human rights’ defenders, whistle-blowers and civil society and to support initiatives that promote transparency, accountability, integrity and fight against corruption;
Amendment 86 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) To support territorial and cross- border cooperation., the sharing of relevant information as well as to improve border management;
Amendment 88 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e a (new)
Article 3 – paragraph 2 – point e a (new)
(ea) To strengthen social protection and social inclusion, including through promoting equal opportunities and addressing inequalities and poverty, ensuring access to international protection, facilitating legal and labour migration, and improving the integration of marginalised communities.
Amendment 57 #
2018/0243(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The implementation of this Regulation should be guided by the five priorities established in the Global Strategy for the European Union’s Foreign and Security Policy (the 'Global Strategy')59 , presented on 19 June 2016, which represents the Union's vision and the framework for united and responsible external engagement in partnership with others, to advance its values and interests. The Union should enhance partnerships, promote policy dialogue and collective responses to challenges of global concern. Its action should support the Union’s interests and values in all its aspects, including preserving peace, preventing conflicts, contributing to the eradication of poverty, fighting all forms of inequalities, strengthening international security, fighting root causes of irregular migration, forcible displacement and assisting populations, countries and regions with enhanced migratory pressure and confronting natural or man-made disasters, supporting trade policy, economic diplomacy and economic cooperation, promoting digital solutions and technologies, and fostering the international dimension of Union’s policies. In promoting its interests, the Union should comply with, and promote, the principles of respect for high social and environmental standards, for the rule of law, for international law and for human rights. _________________ 59 "Shared Vision, Common Action: A Stronger Europe. A global Strategy for the European Union's Foreign and Security Policy", June 2016.
Amendment 66 #
2018/0243(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) It is essential to further step up cooperation on migration with partnerthirds countries, reaping the benefits of well- managed and regular migration by facilitating safe and legal paths of migration and asylum, including through humanitarian visas schemes and increasing the resettlement capacities of the Union and the Member States, and effectively addressing irregular migration. Such cooperation should contribute to ensuring access to international protection, addressing the root causes and drivers of irregular migration, enhancing border management and pursuing efforts in the fight against irregular migration, trafficking in human beings and migrant smuggling, and working on returns, readmission and reintegration where relevant, on the basis of mutual accountability and full respect of humanitarian and human rights obligations. Therefore, third countries' effective cooperation with the Union in this area should be an integral element in the general principles of this Regulation. An increased coherence between migration and development cooperation policies is important to ensure that development assistance supports partner countries to manage migration more effectively. This Regulation should contribute to a coordinated, holistic and structured approach to migration, maximising the synergies and applying the necessary leverage as well as solidarity, non-discrimination and non-refoulement.
Amendment 71 #
2018/0243(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should enable the Union to respond to challenges, needs and opportunities related to migration, in complementarity with Union migration and asylum policy. To contribute to that end, and without prejudice to unforeseen circumstances, 10% of its financial envelope is expected to be dedicated to developing legal avenues of migration, ensuring appropriate access to international protection, addressing the root causes of irregular migration and forced displacement and to supporting migration management and governance including the protection of refugees and migrants' rights within the objectives of this Regulation.
Amendment 74 #
2018/0243(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The EFSD+ should aim at supporting investments as a means of contributing to the achievement of the Sustainable Development Goals by fostering sustainable and inclusive economic and social development and promoting the socio-economic resilience in partner countries with a particular focus on the eradication of poverty, sustainable and inclusive growth, the creation of decent jobs, economic opportunities, skills and entrepreneurship, socioeconomic sectors, micro, small and medium-sized enterprises as well as addressing specific socioeconomic root causes of irregular migration and forcible displacement, in accordance with the relevant indicative programming documents. Special attention shouldIn particular focus should be given to improve the delivery of essential public basic services, such as health, education, nutrition, water, sanitation and hygiene, and social protection, and equitable access to food security and accessible, decent and affordable housing, and to improve the quality of life of rapidly growing urban populations, with special attention be given to countries identified as experiencing fragility or conflict, Least Developed Countries and heavily indebted poor countries.
Amendment 76 #
2018/0243(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) External actions are often implemented in a highly volatile environment requiring continuous and rapid adaptation to the evolving needs of Union partners and to global challenges to human rights, democracy and good governance, security and stability, climate change and environment, oceans, and the migration crisis and its root causesroot causes of migration and forcible displacement. Reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes. To increase the ability of the EU to respond to unforeseen needs, building on the successful experience of the European Development Fund (EDF), an amount should be left unallocated as an emerging challenges and priorities cushion. It should be mobilised in accordance with the procedures established in this Regulation.
Amendment 81 #
2018/0243(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point a
Article 3 – paragraph 2 – subparagraph 1 – point a
(a) to support and foster dialogue and cooperation with third countries and regions in the Neighbourhood, in Sub- Saharan Africa, in Asia and the Pacific, and in the Americas and the Caribbean and to pursue sustainable development;
Amendment 82 #
2018/0243(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point b
Article 3 – paragraph 2 – subparagraph 1 – point b
(b) at global level, to consolidate and support democracy, rule of law and human rights, support civil society organisations, social equality, further stability and peace and address other global challenges including migration and mobilityroot causes of irregular migration and forcible displacement, poverty and climate disasters;
Amendment 88 #
2018/0243(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. At least 20% of the Official Development Assistance funded under this Regulation should be ring-fenced for social inclusion and human development, in order to support and strengthen the provision of basic social services, such as health - including nutrition, education and social protection, particularly to the most marginalised, and with an emphasis on women and children.
Amendment 91 #
2018/0243(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. A rights-based approach encompassing all human rights, whether civil and political or economic, social and cultural shall be applied in order to integrate human rights principles, to support the right holders in claiming their rights with a focus on poorer and more vulnerable groups and to assist partner countries in implementing their international human rights obligations. This Regulation shall give particular attention to the needs of children and youth and shall promote gender equality and women’s empowerment.
Amendment 106 #
2018/0243(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) without prejudice to paragraph 4, actions shall be based, to the extent possible, on a on an inclusive dialogue between the Union, the Member States and the partner countries concerned, including national and local authorities, involving civil society, national and local parliaments and otherincluding representatives of children, older persons, persons with disabilities, LGBTI persons and indigenous peoples, national, local parliaments and communities and other relevant stakeholders, in order to enhance ownership of the process and to encourage support for national and regional strategies;
Amendment 113 #
2018/0243(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) to address new needs or emerging challenges, such as those at the Union’s or its neighbours’ borders linked to crisis and post-crisis situations or migratory pressure linked to crisis and post-crisis situations, natural or man-made disasters, or large-scale abuses of human rights and fundamental freedoms;
Amendment 123 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 1 – point c
Annex II – part A – point 1 – point c
(c) Promoting the fight against discrimination in all its forms, and the principle of equality, in particular gender equality and the rights of children and persons belonging to minorities, LGBTI persons and indigenous peoples;
Amendment 124 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point m
Annex II – part A – point 2 – point m
(m) Promoting inclusive and equitable quality formal, informal and non-formal education for all, at all levels and including early childhood development, technical and vocational training, including in emergency and crisis situations, and including through the use of digital technologies to improve education teaching and learning;
Amendment 674 #
2018/0197(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In addition, the Cohesion Fund shall not support investment in housing unless related to the promotion of energy efficiency or renewable energy use and seismic retrofitting.
Amendment 82 #
2018/0104(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Security features are necessary to verify if a document is authentic and to establish the identity of a person. The establishment of minimum security standards and the integration of biometric data in identity cards and in residence cards of family members who are not nationals of a Member State is an important step to render their use in the Union more secure. The inclusion of such biometric identifiers should allow citizens to fully benefit from their free movement rights.
Amendment 83 #
2018/0104(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) This Regulation does not establish a centralised database at Union level and the biometric data collected for the purpose of this Regulation should not be stored in national databases. Biometric identifiers outside the storage medium should be stored in a highly secure manner only for the time required to produce the national identity card or residence cards and destroyed once stored in the storage medium.
Amendment 100 #
2018/0104(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 102 #
2018/0104(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) It is necessary to specify in this Regulation the basis for the collection and storage of data on the storage medium of identity cards and residence documents. In accordance with their national legislation or Union law, Member States may store other data on a storage medium for electronic services or other purposes relating to the identity card or residence document. The processing of such data including their collection and the purposes for which they can be used should be authorised by national or Union law. All national data should be physically or logically separated from biometric data referred to in this Regulation. When entering and storing extra data in accordance with their national legislation or Union law, Member States should have performed a thorough data protection impact assessment, with a focus on processing of special categories of personal data. Member States should explicitly inform the applicants for documents, in written form and with an exhaustive list, about all the possible extra data stored.
Amendment 105 #
2018/0104(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) The introduction of new security features for identity cards of Union citizens and of residence documents issued to Union citizens and their family members should not cause higher fees for issuing such documents.
Amendment 119 #
2018/0104(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) Identity cards shall include a highly secure storage medium which shall contain a facial image of the holder of the card and two fingerprints in interoperable formatsmay contain minutiae or patterns, a subset of the characteristics extracted from two fingerprints. Such biometric data shall only be stored or used for the purposes described in Article 10(3) of this Regulation.
Amendment 129 #
2018/0104(COD)
Proposal for a regulation
Article 3 – paragraph 5 – introductory part
Article 3 – paragraph 5 – introductory part
(5) The following persons shall be exempt from the requirement to give fingerprints, if a Member State decides to take such fingerprints:
Amendment 132 #
2018/0104(COD)
Proposal for a regulation
Article 3 – paragraph 5 – point a
Article 3 – paragraph 5 – point a
(a) children under the age of 124 years;
Amendment 147 #
2018/0104(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 155 #
2018/0104(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Identity cards which do not meet the requirements of Article 3 shall cease to be valid at their expiry or by five years after [the date of application of the Regulation], whichever is earlier. However, identity cards which do not include a functional machine-readable zone (MRZ) compliant with ICAO document 9303 part 3 (seventh edition, 2015) shall cease to be valid at their expiry or by two years after [the date of application of this Regulation], whichever is earlierbe valid until the end of their validity period.
Amendment 164 #
2018/0104(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Exemption from the requirement to give fingerprints The following persons shall be exempt from the requirement to give fingerprints, if a Member State decides to take them: (a) children under the age of 14 years; (b) persons whose fingerprinting is physically impossible.
Amendment 165 #
Amendment 166 #
2018/0104(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1 a) Residence cards for family members of Union citizens who are not nationals of a Member State shall be mutually recognised by Member States both as identity and travel documents.
Amendment 168 #
2018/0104(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Exemption from the requirement to give fingerprints The following persons shall be exempt from the requirement to give fingerprints, if a Member State decides to take such fingerprints: (a) children under the age of 14 years; (b) persons whose fingerprinting is physically impossible.
Amendment 171 #
2018/0104(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
(2 a) This Regulation does not establish a centralised database at Union level and the biometric data collected for the purpose of this Regulation shall under no circumstances be stored in national databases. Biometric identifiers outside the storage medium shall be stored in a highly secure manner only for the time required to produce the national identity card or residence cards and destroyed immediately once stored in the storage medium.
Amendment 172 #
2018/0104(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9 a The procedure for taking fingerprints and a facial image shall fully respect the specific needs of children and be applied in accordance with the safeguards laid down in Article 24 the Charter of Fundamental Rights of the European Union, in the Convention for the Protection of Human Rights and Fundamental Freedoms and in the United Nations Convention on the Rights of the Child. The principle of the best interest of the child shall be a primary consideration during the whole procedure of taking biometric data.
Amendment 173 #
2018/0104(COD)
Proposal for a regulation
Article 9 b (new)
Article 9 b (new)
Article 9 b Collection of biometric identifiers (1) The biometric identifiers shall be collected by qualified and duly authorised staff designated by the national authorities responsible for issuing identity cards. (2) Where difficulties are encountered in the collection of biometric identifiers, Member States shall ensure that appropriate procedures are in place to guarantee the dignity of the person concerned. (3) Facial images shall be collected by authorized officers on the spot where and when the EU citizen applies for a national identity card.
Amendment 175 #
2018/0104(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
(1) Without prejudice to the application of Regulation (EU) 2016/679, persons to whom an identity card or residence document is issued shall have the right to verify the personal data contained in the documents and, where appropriate, to ask for rectification or erasure. Member States shall put in place specific procedures that facilitate the exercise of these rights.
Amendment 197 #
2018/0104(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
(2) No sooner than six years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee, with a special focus on the impact on fundamental rights of European citizens. The evaluation shall be conducted according to the Commission's better regulation Guidelines.
Amendment 91 #
2017/2269(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Welcomes the steps taken towards adoption of comprehensive anti- discrimination legislation, but expresses concern about incompatibility of pending legislation with international standards, including lack of protection for vulnerable groups, such as LGBTI people, weak provisions for the equality body, and highly concerning references to the role of the Apostolic church and definitions of family in interpretation of the law; reminds that the law has to be in line with international standards in order to meet conditions set in EU-Armenia human rights budget support programme, and by virtue of Armenia’s various human rights commitments;
Amendment 107 #
2017/2269(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises the importance of the provisions on dialogue and cooperation on employment policy, labour rights such as health and safety at work, gender equality and anti-discrimination, including for vulnerable and marginalised groups such as LGBTI people, in order to provide better jobs with improved working conditions, notably for young Armenians;
Amendment 13 #
2017/2256(INI)
Motion for a resolution
Recital B
Recital B
B. whereas in recent years several factors have impacted the functioning of the Schengen area; whereas these factors include a sign, in particular Member States having reintroduced and subsequently prolonged controls at internal borders since2014; whereas the reintroduction of internal border controls has had a domino effect throughout the Schengen area, leaving some Member States with great difficant numbers of asylum seekers and irregular migrants with related secondary movementsulties; whereas the reintroduction of controls at internal borders seems related to a perception of the numbers of persons seeking international protection and irregular migrants arriving rather than the actual number of those arriving; whereas otheser factors also include terrorism and a heightened threat to public policy and the internal security of the Member States; whereas several Member States have also reintroduced and subsequently prolonged controls at internal borders since 2014;
Amendment 20 #
2017/2256(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, from March 2016, the Commission has proposed a series of measures with a view to restoring the normal functioning of the Schengen area; whereas the proper functioning of the Schengen area is not restored yet and depends on the adoption of such measures and on their implementation, in particular by Member States;
Amendment 34 #
2017/2256(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Schengen area is at a crossroads and requires decisive and joint actions to bring back the benefits it provides to the citizens; whereas it also requires mutual trust, cooperation and solidarity amongst Member states; whereas there should be no political discourse aiming at blaming Schengen;
Amendment 41 #
2017/2256(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
-3. Points out that the EU legislator has adopted a number of measures in the last three years which were designed to reinforce the integrity of the Schengen Area without internal border control. Notes that these measures include a Regulation to establish a revamped European Border and Coast Guard Agency, a revision of the Schengen Borders Code to provide for mandatory systematic checks on EU nationals crossing external Schengen Borders, and a new Entry-Exit system to record the entry and exit of all third-country nationals entering the Schengen area for a short stay;
Amendment 42 #
2017/2256(INI)
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
-2. Emphasises that the implementation of mandatory systematic checks on EU nationals crossing external Schengen Borders proved extremely difficult and resulted in disproportionate delays for the crossing of those external borders;
Amendment 43 #
2017/2256(INI)
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
-1. Notes with dismay that despite the number of measures adopted and currently on the table, internal border controls persist within the Schengen Area without internal border control in flagrant breach of the existing rules of the Schengen Borders Code; Suggests that mutual trust is not strengthened when Member States choose to ignore the rules which they, themselves, have agreed upon;
Amendment 44 #
2017/2256(INI)
Motion for a resolution
Subheading 1 d (new)
Subheading 1 d (new)
0. Highlights that reintroducing border control at internal borders has proven much easier than removing those internal border controls once they have been reintroduced;
Amendment 52 #
2017/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes the effectiveness of the measures taken at the external borders and the creationorts of the European Border and Coast Guard Agency; notes the efforts of the Agency (‘EBCGA’) in implementing the new regulation, especially through joint operations in the field of border surveillance and return, and by supporting the Member States particularly affected by migratory pressuresubject to increased levels of migration; sees the importance of the newly introduced vulnerability assessment mechanism in uncovering weaknesses at the common external borders and preventing crises; emphasiszes the concerted efforts and cooperation between agencies and othMember sStakeholdertes in organising the ‘Hotspot’ approach; reiterates that the success or otherwise of such an approach has not yet been established;
Amendment 53 #
2017/2256(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 59 #
2017/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises the supporRegrets that mand capacity-building measures taken in the countries of origin to address the root causes of irregular migration;y people died or went missing trying to reach the European Union in the past years ; Therefore, considers it crucial that adequate maritime search-and- rescue aspects and capabilities are embedded into all operational planning and execution, as provided for in Regulation (EU) No 656/2014of border surveillance at sea borders and in the execution of such operations by the EBCGA as provided for in Regulation (EU) No 656/2014;Further emphasises that Search and Rescue is an individual component of European Integrated Border Management as set out in the EBCGA Regulation;
Amendment 68 #
2017/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers cooperation with third countries, in particular in the context of development policy and readmission agreements, as one of the most essential elements in finding the solution to irregular migration; as one element in reducing levels of irregular migration to the European Union; acknowledges that the basic instrument that sets out the objectives of the Union’s external policies on migration, asylum and borders is the Global Approach to Migration and Mobility; takes note that various instruments exist under that umbrella, including regional dialogues, bilateral dialogues, mobility partnerships, common agendas for migration and mobility, readmission agreements, visa facilitation agreements, visa exemption agreements, Regional Protection Programmes and Regional Development and Protection Programmes;
Amendment 84 #
2017/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomNotes the ongoing reform of the SIS and the establishment of other large- scale information systems,; as well as the objective of improving their interoperability while preserving the necessary safeguards, namely with regard to data protection and privacy;
Amendment 88 #
2017/2256(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 97 #
2017/2256(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s efforts to elaborate thea clear European Integrated Border Management (IBM) concept on the basis ofstrategy at political level, before requiring Member States to develop their national IBM strategies, in line with the provisions in the European Border and Coast Guard Regulation;
Amendment 106 #
2017/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the current state of Schengen and the issues it has enpersistence of internal border counteredrols are not due, primarily, to problems in the structure and construction ofrules of the Schengen area itself but rather to the connecrelated fields of the acquis, such as shortcomings in the area of the Common European Asylum System, including the Dublin Regulation, and the control of the external borders; underlines, all the same, that the rules applied under the Schengen Acquis could always be optimised and made clearer to avoid legal uncertainty regarding measures introduced unilaterally by Member States;
Amendment 125 #
2017/2256(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Condemns the continued reintroduction of internal border checks as this undermines the basic principles of the Schengen area, and expresses doubts about the lawfulness; takes the view that many of somthe prolongations of controlsare not in line with the existing rules and are therefore unlawful; is also of the opinion that Member States have not taken the proper measures to ensure cooperation with other affected Member States to minimise the effects of these measures, nor have they provided enough information on the results of such controls, therefore hindering the analysis by the Commission and scrutiny by Parliament; considers the economic, political and social impacts of this practice to be detrimental to the unity of the Schengen area and harmful to the prosperity of European citizens; recalls that Member States have other tools available, namely targeted police controls, as recommended by the Commission; iterates that the Union legislator has adopted many measures in the last three years to strengthen the external borders and external border control; underlines that there has been no corresponding reaction in terms of the removal of internal border controls; recalls that Member States have other tools available to them other that internal border control, including - as recommended by the Commission - targeted police controls provided that such controls do not have border control as an objective, are based on general police information or experience regarding possible threats to public security and aim, in particular, to combat cross-border crime, are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders;
Amendment 139 #
2017/2256(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Appreciatcknowledges, as part of efforts to restore the normal functioning of Schengen, the proposal to amend the Schengen Borders Code; recalls that these changes should merely reflect the new challenges and diffuse threats to internal security and as regards the rules applicable to the temporary reintroduction of border controls at internal borders; emphasises the need to establish clear rules that provide adequate reassurance for Member States without rendering internal border control easier to reintroduce and without encouraging the reintroduction of internal border control for longer than is absolutely necessary; recalls that any changes should not be a further avenue for prolonging internal border controls; considers that these steps are to be made carefully in order not to inflict irreversible damage on the basic idea of free movement;
Amendment 145 #
2017/2256(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expresses concern about the lack of implementation in some areas of the regulation governing certain fields of border control, such as the systematic consultation of databases during border checks and the thorough checking of the required entry conditions; notes that clear non-compliance in establishing National Coordination Centres in accordance with the European Border Surveillance System Regulation (EUROSUR) is prevalent in many Member States; Emphasises again that, in order for legislation on internal and external borders to be effective, it is essential that measures agreed at Union level are implemented properly by the Member States;
Amendment 150 #
2017/2256(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that all the Member States, including those with no external land borders, should do their utmost to ensure a high level of control at their external borders by allocating sufficient resources through staffing and expertise, establishing the necessary command and control structures and formulating up-to-date risk analyses in accordance with Regulation (EU) 2016/1624 for all tiers of command to facilitate effective operations;
Amendment 156 #
2017/2256(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that cooperation at national level between different law enforcement services, the military, border guards and customs is often inadequate, resulting in fragmented situational awareness and low effectiveness; recalls that no amount of well-meaning measures at Union level can make up for a lack of internal cooperation between the relevant authorities of the Member States;
Amendment 162 #
2017/2256(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that were the Schengen evaluation mechanism to be revised, any proposal should address the major delays from the on-site visit to the implementing decisions and action plans and should facilitate swift remedial action on the part of the Member States; takes the view that the value of unannounced checks in the context of the Schengen Evaluation Mechanism could be enhanced were such checks to be made truly unannounced (not providing 24- hours notice);
Amendment 191 #
2017/2256(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to make available the necessary information and statistical data to facilitate the national management of resources and capabilities related to border control; calls on the Member States, in particular those directly affected, to prepare and sufficiently test necessary contingency plans to mitigate situations of disproportionate migratory pressureincreased levels of migration, as well as to increasenhance their registration and accommodation capacity in case of such events; calls on the Member States to improve their capabilities to detect document fraud and clandestineirregular entries;
Amendment 195 #
2017/2256(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Member States to further develop mutual cross-border police cooperation through joint threat assessment, risk analysis and patrols; calls for the full implementation of the Prüm Convention and adhesion to the European Information Exchange Model and the Swedish Initiative; calls on the Member States to improve their national law enforcement cooperation structures and to improve practical cooperation, in particular with neighbouring Member States;
Amendment 211 #
2017/2256(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to ensure swift return procedures once a return decision has been issued; calls on the Member States to take specific steps to ensure adequate infrastructure, accommodation and living conditions for arriving asylum seekers, especially taking into consideration the needs of unaccompanied minors and families with minors; calls on the Member States to bring their detention facilities into line with the requirements so as to meet capacity demand, and to increase the use of alternative measures to detentionincrease the use of alternative measures to detention, and, bearing in mind that detention is a measure of last resort, to ensure their detention facilities respect International and European requirements and fundamental rights;
Amendment 220 #
2017/2256(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Insists that multipurpose operations be conducted by the European Border and Coast Guard Agency with the aim of responding to the need for maritime search-and-rescue assets (as provided for in Regulation (EU) No 656/2014) to be present in the relevant areas; requiresnotes that the European Border and Coast Guard Agency to takehas been given a mandate for a more active role in supporting the Member States in coordinated return operations;
Amendment 223 #
2017/2256(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Regards the current state of implementation of the IBM Strategy as inadequate and requests that the Commission and the European Border and Coast Guard Agency support the Member States in their efforts to meet the requirements as stipulated in Regulation (EU) 2016/1624 and to start the IBM thematic evaluations in the Member States in due course; calls on the Member States to bring their border management in line with the IBM concept; stresses the need to ensure the full implementation of the IBM Strategy at the European and national levels and thus strengthen management of the external borders;
Amendment 229 #
2017/2256(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls the high priority given to the reform of the Common European Asylum System (CEAS) as part of the holistic approach to tackling the refugee and migratiohumanitarian crisis and of the Commission’s Agenda on Migration; calls on the Council to swiftly follow Parliament in adopting a mandate for negotiations on every proposal in this regard, particularly as regards the Dublin Regulation; highlights that the new European Agency for Asylum has still to be approved and urges the Council to unblock this file as a matter of urgency;
Amendment 234 #
2017/2256(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Insists on developing the Schengen evaluation mechanism together with the vulnerability assessment tool in a way that impreovents unforeseen relapses ins the overall management of the external borders, enhances the respect of the Schengen acquis and facilitates thorough scrutiny and transparency between Member States and institutions;
Amendment 236 #
2017/2256(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission to adopt a legislative proposal to amend the EUROSUR Regulation in light of the major shortfalls encountered in the implementation of the current regulation, and considers that such a proposal should encourage greater use of EUROSUR to engage and assist search and rescue operations;
Amendment 241 #
2017/2256(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses the importance of reforming and adapting the SIS to face new challenges swiftly, namely regarding the protection of missing children, the immediate exchange of information on terrorism and the mandatory exchange of information on return decisions; highlights the anticipatedemphasises that such reform must not undermine the principles of necessity and proportionality; underlines that if the system is to function properly alerts must require action and should justify their inclusion in the system; points out that mutual trust in the system is not improved through the continued expansion of both the number of alerts and the amount of data stored in each alert; highlights, nevertheless, that the reforms should lead to a substantial increase in the activity of the Supplementary Information Request at the National Entry (SIRENE) Bureau and calls on Member States to reinforce the means at its disposal by ensuring that it has adequate financial and human resources to carry out its new functions;
Amendment 22 #
2017/2209(INI)
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
- Having regards to Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA;
Amendment 23 #
2017/2209(INI)
Motion for a resolution
Citation 26 b (new)
Citation 26 b (new)
- Having regards to the European Council Conclusionson security and defence on 22 June 2017;
Amendment 25 #
2017/2209(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the rights to freedom of expression and freedom of opinion are fundamental human rights and indispensable conditions for the full development of the person and their active participation in a democratic society, for the realisation of the principles of transparency and accountability and for the fulfilment of other human rights and fundamental freedoms;
Amendment 33 #
2017/2209(INI)
Motion for a resolution
Recital B
Recital B
B. whereas media freedom, pluralism and independence are crucial components of the right to freedom of expression; whereas the media play an essential role in democratic society, by acting as public watchdogs, while contributing to citizens’ empowerment and their participation in democratic life; whereas the scope of such a role should be enlarged to encompass online and citizen journalism, as well as the work of bloggers, internet users, social media activists and human rights defenders, in order to reflect today’s profoundly changed media reality;
Amendment 37 #
2017/2209(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas fakenews, cyberbullying or revenge porn represent growing concerns for our societies especially among young people;
Amendment 38 #
2017/2209(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas the spread of false news and disinformation on social media or search websites has strongly impaired the credibility of traditional medias which consequently harms their capacity to act as watchdogs;
Amendment 46 #
2017/2209(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas journalists and other medias actors are still facing violence, threats, harassment or public shaming in the European Union mainly because of their investigative activities to protect public interest from the misuse of power, corruption, human rights violations or criminal activities;
Amendment 47 #
2017/2209(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas guaranteeing the safety and security of journalists and other media actors is a precondition to ensure fully their role and capacity to properly inform citizens and to participate effectively in public debate;
Amendment 48 #
2017/2209(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas, according to the Council of Europe Platform to promote the protection of journalism and safety of journalists, more than half cases of abuses against media professionals are committed by state actors;
Amendment 49 #
2017/2209(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
D d. whereas investigative journalism should be promoted as civic engagement and as an act of virtuous citizenship supported by communication, learning, education and training;
Amendment 60 #
2017/2209(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the effect of the economic crisis, coupled with the simultaneous growth of social media platforms and other high-tech giants and highly selective advertising revenues, have dramatically increased precariousness in the working conditions and social insecurity of media actors, leading to a dramatic drop in professional and social standards in journalism that may negatively affect their editorial independence;
Amendment 73 #
2017/2209(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, recalling the Council of Europe, whistleblowing is a fundamental aspect of freedom of expression and plays a cn essentrial role in deterrcting and prevenporting wrongdoing, and in strengthening democratic accountability and transparencyirregularities as well as in identifying and publicising cases of corruption; whereas the adequate protection of whistleblowers at EU, national and international level is a precondition for ensuring the effectiveness of such a role;
Amendment 75 #
2017/2209(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas whistleblowing represents a key source of information in the fight against organised crime, in the investigation of cases of corruption within the public sector as well as in the detection of tax avoidance schemes set up by private companies;
Amendment 79 #
2017/2209(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. whereas protection of whistleblowers cannot be achieved only through legislative measures but also through the fostering of a cultural change in European societies so as to avoid any form of stigmatisation towards investigative journalism;
Amendment 83 #
2017/2209(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
I c. Whereas the internet and namely social media play a key role as a driver of radicalisation leading to violent extremism as well as a tool to disseminate hate speech and illicit contents especially among young people;
Amendment 84 #
2017/2209(INI)
Motion for a resolution
Recital I d (new)
Recital I d (new)
I d. Whereas effective online counterterrorism measures and the protection of freedom of expression are not conflicting goals, but complementary and mutually reinforcing;
Amendment 85 #
2017/2209(INI)
Motion for a resolution
Recital I e (new)
Recital I e (new)
I e. Whereas combating radicalisation and violent extremism requires close and coordinated collaboration between all concerned actors, at all levels of governance (local, regional and national) as well as with the civil society and the private sector;
Amendment 109 #
2017/2209(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Expresses its deep concern at the abuses, crimes and deadly attacks still being committed against journalists and media workers in the Member States because of their activities; urges the Member States to do their utmost to prevent such violence, to ensure accountability and avoid impunity and to guarantee that victims and their families have access to the appropriate legal remedies; calls on the Member States, moreover, to fully implement Council of Europe Recommendation CM/Rec(2016)4 on the protection of journalism and safety of journalists and other media actors;
Amendment 153 #
2017/2209(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 158 #
2017/2209(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Encourages the European Commission and Member States authorities to strengthen their efforts to build effective counter-narratives and other strategic communications tools to disrupt the process of radicalization towards extremist ideals;
Amendment 160 #
2017/2209(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Observes that an effective means of combating terrorism on the internet is to remove online contents constituting a public provocation to commit a terrorist offence. Encourages the Commission and Member States to cooperate with internet sector to prevent the misuse of social media for terrorist purposes by establishing tools to detect and flag illicit contents. Member States should provide clear guidelines to ensure an adequate level of legal certainty and predictability for users and service providers and the possibility of judicial redress in accordance with national law;
Amendment 169 #
2017/2209(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Underlines that law enforcement and judicial authorities face many obstacles while investigating and prosecuting online offences also due to discrepancies among EU member states legislations;
Amendment 171 #
2017/2209(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recognises that the new digital environment has exacerbated the problem of the spread of disinformation, or the so- called ‘fake’ or ‘false’ news; recalls, however, that this is not a new phenomenon, nor is it restricted to the online sphere; stresses the importance of effective systems of self-regulation which are based on the principles of accuracy and transparency and whichand provide for proper obligations and instruments regarding source verification and fact checking;
Amendment 178 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Welcomes the European Commission decision to establish a High Level Expert Group on fake news and online disinformation composed by representatives of the civil society, social media platforms, news media organisations, journalists and academia in order to analyse these emerging threats and propose operative measures to be taken both at European and national level;
Amendment 186 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Recalls Member States that the notion of fake news should never be used to criminalise critical media;
Amendment 188 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Calls on the European Commission to provide social media platforms with precise definitions of fake news and disinformation in order to reduce the margin of discretion left to the private sector actors;
Amendment 189 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13 d. Encourages social media companies to develop tools to enable users to flag potential fake news for review by certified third party fact checking organisations;
Amendment 190 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13 e. Reiterates that cyberbullying and revenge porn are a growing concern in our societies and can have extremely serious impacts especially among young people and children. Encourages all Member States to set up forward looking legislation to address this phenomenon including provisions for removal from social media of contents harmful for human dignity within well-defined deadlines;
Amendment 191 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13 f. Encourages both the European Commission and Member States to invest in media literacy in order to provide citizens with tools to be aware and critical about contents they read and consequently identify fake news and disinformation;
Amendment 192 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 g (new)
Paragraph 13 g (new)
13 g. Calls on Member States to invest adequate financial resources for fact- checking as well as to integrate media and information literacy into national education systems and more generally in order to empower citizens with the tools to use the internet responsibly and avoid possible risks;
Amendment 193 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 h (new)
Paragraph 13 h (new)
13 h. Reiterates the right of each individual to decide on the fate of his or her personal data, in particular the exclusive right to control the use, disclosure of personal information and the right to be forgotten defined as the possibility to obtain a prompt removal of contents that might be prejudicial for his or her own dignity from social media and search websites;
Amendment 198 #
2017/2209(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Encourages Member States to develop policies to ensure that reporting mechanisms are accessible, safe and secure, and that the claims of whistleblowers and investigative journalists are professionally investigated;
Amendment 199 #
2017/2209(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Emphasises the key role of whistleblowers in safeguarding the public interest and in promoting a culture of public accountability and integrity in both public and private institutions;
Amendment 202 #
2017/2209(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Encourages Member States and the European Commission to set up a comprehensive legislative framework to protect whistleblowers as well as to build a narrative, which underlines the fundamental role that whistleblowers play in our societies;
Amendment 204 #
2017/2209(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14 d. Encourages both the European Commission and Member States to adopt measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats;
Amendment 207 #
2017/2209(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to adopt and implement legislative frameworksmedia ownership regulation in order to avoid horizontal concentration of ownership in the media sector, indirect and cross-media ownership to guarantee transparency of media ownership and management, as well as to apply appropriate restrictions on media ownership by persons holding public office and to ensure independent oversight and effective compliance mechanisms in order to prevent conflicts of interest and ensure editorial and journalistic independence and safeguard the media’s role as public watchdog;
Amendment 218 #
2017/2209(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Encourages Member States to establish a regulatory body for monitoring, documenting, and reporting on violence and threats against journalists as well as on media concentration and pluralism;
Amendment 221 #
2017/2209(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on the Commission to monitor and collect information and statistics about media freedom and pluralism within all Member States and to closely analyse cases of infringement of the fundamental rights of journalists while respecting the principle of subsidiarity;
Amendment 41 #
2017/2131(INL)
Motion for a resolution
Annex I – point 6
Annex I – point 6
(6) Since its adoption and entry into force in January 2012, the Constitution of Hungary (the “Fundamental Law”) has been amended six times - 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’), 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 Transitional Provisions’), the First Amendment to the Fundamental Law, tabled by the Minister for National Economy on 17 April 2012 and adopted by the Hungarian Parliament on 4 June 2012, establishing that the Transitional Provisions are part of the Fundamental Law, to the Second Amendment to 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 Transitional Provisions, the Third Amendment to the Fundamental Law, tabled on 7December 2012, adopted by the Hungarian Parliament on 21 December 2012 and establishing that the limits and conditions for acquisition of ownership and for use of arable land and forests and the rules concerning the organisation of integrated agricultural production are to be laid down by cardinal law, 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 Transitional Provisions (with some exceptions 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 genuinely transitional nature in this document. The Venice Commission expressed its concerns regarding the constitution-making process in Hungary on several occasions, both as regards the Fundamental Law and amendments thereto. The criticism focused on the lack of transparency of the process, the inadequate involvement of civil society, the absence of sincere consultation, the endangerment of the separation of powers and the weakening of the national system of checks and balances.
Amendment 60 #
2017/2131(INL)
Motion for a resolution
Annex I – point 10
Annex I – point 10
(10) In recent years the Hungarian Government has extensively used national consultations. On 27 April 2017, the Commission pointed out that the national consultation “Let’s stop Brussels” contained several claims and allegations which were factually incorrect or highly misleading. Nevertheless, the Hungarian Government subsequently continued to have recourse to similar consultations.
Amendment 61 #
2017/2131(INL)
Motion for a resolution
Annex I – subheading 2 a (new)
Annex I – subheading 2 a (new)
having regard to Act CXI of 2012 on the Amendment of Act CLXI of 2011 on the organisation and administration of courts and Act CLXII of 2011 on the legal status and remuneration of judges in Hungary and to Act XX of 2013 on the legislative amendments relating to the upper age limit applicable in certain judicial legal relations.
Amendment 78 #
2017/2131(INL)
Motion for a resolution
Annex I – point 17 a (new)
Annex I – point 17 a (new)
(17a) The International Bar Association’s Human Rights Institute (IBAHRI) expresses in its Report 2015 deep concern that, following the significant legislative reform implemented during Hungary’s incumbent government’s first term in office, the independence and impartiality of the Hungarian judiciary can’t be guaranteed and the rule of law guarantees remain weakened.
Amendment 90 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20 a (new)
Annex I – point 20 a (new)
(20a) Between 2012 and 2017, Hungary operated its highly disturbing residency bond program that offered residence permit to some 20 000 people according to reports of investigative journalism. Those who acquired such bonds could maintain a permanent residence permit without limitation. The foreigners did not invest in the residency government bonds directly, but did so through designated intermediary companies with opaque ownership structures. These companies charge 40 000- 60000 euro service fees for their operations, and were hand-picked by the Economic Committee of the Parliament without public tender or legal oversight. Such conditions have created a hotbed for corruption.
Amendment 98 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20 b (new)
Annex I – point 20 b (new)
(20b) Following a two-year investigation, OLAF has found “serious irregularities” around infrastructure projects co-financed by EU cohesion fund and connected to prime minister Viktor Orban’s son-in-law, indicating both high levels of corruption and conflict of interests.
Amendment 99 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20 c (new)
Annex I – point 20 c (new)
(20c) Several indicators signal high levels of misconduct regarding EU funds. The share of contracts awarded after public procurement procedures that received only a single bid remains high at 36% in 2016. Hungary has the highest percentage in the Union of financial recommendations from OLAF in the areas of Structural Funds and Agriculture for the 2013-2016 period at 4,16% (which is 900% higher than the EU average). Hungary decided not to participate in the establishment of the European Public Prosecutor’s Office.
Amendment 100 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20 d (new)
Annex I – point 20 d (new)
(20d) According to the Global Competitiveness Report 2017-2018 the high level of corruption was one of the most problematic factors for doing businesses in Hungary. Since 2008 Hungary has fallen by 19 points in the Corruption Perception Index.
Amendment 130 #
2017/2131(INL)
Motion for a resolution
Annex I – point 29
Annex I – point 29
(29) On 17 October 2017, the Hungarian Parliament extended the deadline for foreign universities operating in the country to meet the new criteria to 1 January 2019. Negotiations between the Hungarian Government and foreign higher education institutions affected, in particular, the Central European University, are still ongoing, while the legal limbo for foreign universities remains. Notes that the Central European University complied with the new requirements imposed by the Amendment of Act CCIV of 2011 on National Tertiary Education in due time, but the Hungarian Government is reluctant to sign the reached agreement.
Amendment 134 #
2017/2131(INL)
Motion for a resolution
Annex I – point 31
Annex I – point 31
(31) In 2011, the Hungarian Parliament adopted Act CCVI of 2011 on the Right to Freedom of Conscience and Religion and the Legal Status of Churches, Denominations and Religious Communities of Hungary. The Act, which was adopted on 30 December 2011 and entered into force on 1 January 2012, deprived many religious organisations of legal personality and reduced the number of legally recognised churches in Hungary to 14. On 16 December 2011 the Council of Europe Commissioner for Human Rights shared his concerns about this Act in a letter sent to the Hungarian authorities. In February 2012, responding to international pressure, the Hungarian Parliament expanded the number of recognised churches to 31. On 19 March 2012 the Venice Commission adopted its Opinion on Act CCVI of 2011 on the Right to Freedom of Conscience and Religion and the Legal Status of Churches, Denominations and Religious Communities of Hungary, where it indicated that the Act sets a range of requirements that are excessive and based on arbitrary criteria with regard to the recognition of a church, that the Act has led to a deregistration process of hundreds of previously lawfully recognised churches and that the Act induces, to some extent, an unequal and even discriminatory treatment of religious beliefs and communities, depending on whether they are recognised or not.
Amendment 162 #
2017/2131(INL)
Motion for a resolution
Annex I – point 38 a (new)
Annex I – point 38 a (new)
(38a) Ensuring an enabling environment for civil society is an obligation under international human rights and EU law. The measures of the Hungarian government’s to obstruct the work of civil society organisations are contrary to the EU’s founding principles as enshrined in Article 2 TEU.
Amendment 198 #
2017/2131(INL)
Motion for a resolution
Annex I – point 48
Annex I – point 48
(48) On 29 June - 1 July 2015, the OSCE Office for Democratic Institutions and Human Rights conducted a field assessment visit to Hungary, following reports about the actions taken by the local government of the city of Miskolc concerning forced evictions of Roma. On 26 January 2016 the Council of Europe Commissioner for Human Rights sent a letter to the Hungarian authorities expressing concerns about the treatment of Roma in Miskolc. The Commissioner for Fundamental Rights and the Deputy- Commissioner for the Rights of National Minorities issued a joint opinion on 5 June 2015 about the fundamental rights violations against the Roma in Miskolc, the recommendations of which the local government failed to adopt.
Amendment 211 #
2017/2131(INL)
Motion for a resolution
Annex I – point 51
Annex I – point 51
(51) On 3 July 2015, the UN High Commissioner for Refugees expressed concerns about the fast-track procedure for amending asylum law. On 17 September 2015, the UN High Commissioner for Human Rights expressed his opinion that Hungary violated international law by its treatment of refugees and migrants. On 27 November 2015, the Council of Europe Commissioner for Human Rights made a statement that Hungary’s response to the refugee challenge falls short on human rights. On 21 December 2015, the UN High Commissioner for Refugees, the Council of Europe and the OSCE Office for Democratic Institutions and Human Rights urged Hungary to refrain from policies and practices that promote intolerance and fear and fuel xenophobia against refugees and migrants. On 6 June 2016, the UN High Commissioner for Refugees expressed concerns about the increasing number of allegations of abuse in Hungary against asylum-seekers and migrants by border authorities, and the broader restrictive border and legislative measures, including access to asylum procedures. The Fundamental Rights Officer of the European Border and Coast Guard Agency visited Hungary in October 2016 as well as in March 2017, owing to the Officer’s concern that the Agency might be operating under conditions which do not commit to the respect, protection and fulfilment of the rights of persons crossing the Hungarian-Serbian border, that may put the Agency in situations that de facto violate the Charter of Fundamental Rights of the European Union. The Fundamental Rights Officer concluded in March2017 that the risk of shared responsibility of the Agency in the violation of fundamental rights in accordance with Article 34 of the European Border and Coast Guard Regulation remains very high.
Amendment 213 #
2017/2131(INL)
Motion for a resolution
Annex I – point 51
Annex I – point 51
(51) On 3 July 2015, the UN High Commissioner for Refugees expressed concerns about the fast-track procedure for amending asylum law. On 17 September 2015, the UN High Commissioner for Human Rights expressed his opinion that Hungary violated international law by its treatment of refugees and migrants. On 27 November 2015, the Council of Europe Commissioner for Human Rights made a statement that Hungary’s response to the refugee challenge falls short on human rights. On 21 December 2015, the UN High Commissioner for Refugees, the Council of Europe and the OSCE Office for Democratic Institutions and Human Rights urged Hungary to refrain from policies and practices that promote intolerance and fear and fuel xenophobia against refugees and migrants. On 6 June 2016, the UN High Commissioner for Refugees expressed concerns about the increasing number of allegations of abuse in Hungary against asylum-seekers and migrants by border authorities, and the broader restrictive border and legislative measures, including access to asylum procedures. Given the worsening situation of asylum-seekers in Hungary the UN Refugee Agency called on 10 April 2017 for a temporary suspension of all transfers of asylum-seekers to Hungary from other European States under the Dublin Regulation.
Amendment 222 #
2017/2131(INL)
Motion for a resolution
Annex I – point 53
Annex I – point 53
(53) On 12-16 June 2017, the Special Representative of the Secretary General of the Council of Europe on migration and refugees visited Serbia and two transit zones in Hungary. In his report, the Special Representative made several recommendations, including a call on the Hungarian authorities to take the necessary measures, including by reviewing the relevant legislative framework and changing relevant practices, to ensure that all foreign nationals arriving at the border or who are on Hungarian territory are not deterred from making an application for international protection. In his report, the Special Representative stated that violent pushbacks of migrants and refugees from Hungary to Serbia raise concerns under Articles 2 (the right to life) and 3 (prohibition of torture) of the ECHR. The Special Representative also noted that the restrictive practices of admission of asylum-seekers into the transit zones of Röszke and Tompa often make asylum- seekers look for illegal ways of crossing the border, having to resort to smugglers and traffickers with all the risks that this entails. The Special Representative concluded that it is necessary that the Hungarian legislation and practices are brought in line with the requirements of the ECHR. On 5-7 July a delegation of the Council of Europe Lanzarote Committee (Committee of the Parties to the Council of Europe Convention on the protection of children against sexual exploitation and sexual abuse) also visited two transit zones and made a number of recommendations, including a call to treat all persons under the age of 18 years of age as children without discrimination on the ground of their age, to ensure that all children under Hungarian jurisdiction are protected against sexual exploitation and abuse, and to systematically place them in mainstream child protection institutions in order to prevent possible sexual exploitation or sexual abuse against them by adults and adolescents in the transit zones.
Amendment 228 #
2017/2131(INL)
Motion for a resolution
Annex I – point 54 a (new)
Annex I – point 54 a (new)
(54a) In its judgment of 6 September 2017 in Case C-643/15 and C-647/15, the Court dismisses in their entirety the actions brought by Slovakia and Hungary against the provisional mechanism for the mandatory relocation of asylum seekers. Slovakia and Hungary voted against the adoption of the contested decision in the Council and have asked the Court of Justice to annul the decision.
Amendment 242 #
2017/2131(INL)
Motion for a resolution
Annex I – point 56 a (new)
Annex I – point 56 a (new)
(56a) Is concerned about the mood in society which has been fuelled by the policies implemented in the recent years and the “tax financed” campaigns led by the government against refugees, minorities and other citizens.
Amendment 245 #
2017/2131(INL)
Motion for a resolution
Annex I – point 57
Annex I – point 57
(57) In his report following his visit to Hungary, which was published on 16 December 2014, the Council of Europe’s Commissioner for Human Rights indicated his concern at measures taken to prohibit rough sleeping and the construction of huts and shacks, which have widely been described as criminalising homelessness in practice. The Commissioner urged the Hungarian authorities to investigate reported cases of forced evictions without alternative solutions and of children being taken away from their families on the grounds of poor socio-economic conditions. In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns about state and local legislation, based on the Fourth Amendment to the Fundamental Law, which designates many public areas as out- of-bounds for “sleeping rough” and effectively punishes homelessness. On 15 February 2012 and 11 December 2012 the Office of the UN High Commissioner for Human Rights (OHCHR) called on Hungary to reconsider legislation allowing local authorities to punish homelessness and to uphold the Constitutional Court’s decision decriminalising homelessness.
Amendment 250 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58 a (new)
Annex I – point 58 a (new)
(58a) The UN Committee on the Rights of Children’s report on ‘Concluding observations on the combined third, fourth and fifth periodic reports of Hungary’, published in 14 October 2014, voiced concerns over an increasing number of cases where children are being taken away from their family based on poor socio economic condition. Parents may lose their child due to unemployment, lack of social housing and lack of space in temporary housing institutions. Based on a study by European Roma Right Centre, this practice disproportionately affects Roma families and children.
Amendment 252 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58 b (new)
Annex I – point 58 b (new)
(58b) Hungary is not in compliance with the European Social Charter on the grounds that Hungary fails to protect its citizens against extreme poverty. Hungary’s workfare program pays less to citizens than the statutory minimum wage. The program creates dependencies and undermines democracy and the rule of law.
Amendment 253 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58 c (new)
Annex I – point 58 c (new)
(58c) This winter, 149 people froze to death in Hungary by mid-February. This was reported by the Internet portal “24.hu” on Tuesday, citing the Hungarian Social Forum (MSZF), a network of independent aid organisations. 47 percent of the victims are people living in poverty and frozen to death in their unheated homes, the report said. The others died of frostbite they had suffered outdoors.
Amendment 254 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58 d (new)
Annex I – point 58 d (new)
(58d) whereas Hungary signed the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention)in 2014, but has not yet ratified it. Calls on the Hungarian government to ratify the Istanbul Convention as soon as possible.
Amendment 255 #
2017/2131(INL)
Motion for a resolution
Annex I – point 58 e (new)
Annex I – point 58 e (new)
(58e) Recognises the efforts taken in the anti-human trafficking laws and encourages the government to continue and improve the services of victim support by strengthening victim- and women rights organisations.
Amendment 2 #
2017/2125(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity,
Amendment 5 #
2017/2125(INI)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
- having regard to the European Commission’s List of Actions to advance LGBTI Equality and to the Council conclusions on LGBTI equality, adopted on 16 June 2016,
Amendment 17 #
2017/2125(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Fundamental Rights Agency’s EU LGBT Survey (2013), to its report entitled ‘Being Trans in the European Union – Comparative analysis of the EU LGBT survey data’ (2014), to its focus paper on the Fundamental Rights Situation of Intersex people (2015), and to its report entitled 'Professionally speaking: challenges to achieving equality for LGBT people' (2016);
Amendment 21 #
2017/2125(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
Amendment 43 #
2017/2125(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
Amendment 47 #
2017/2125(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to European Commission Code of Conduct on countering illegal online hate speech
Amendment 50 #
2017/2125(INI)
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
- - having regard to its resolution on the situation in the Mediterranean and the need for a holistic EU approach to migration Texts adopted, (2015/2095(INI))
Amendment 52 #
2017/2125(INI)
Motion for a resolution
Citation 7 d (new)
Citation 7 d (new)
- having regards the European Parliament resolution of 25 October 2017 on fundamental rights aspects in Roma integration in the EU: fighting anti- Gypsyism
Amendment 54 #
2017/2125(INI)
Motion for a resolution
Citation 7 e (new)
Citation 7 e (new)
- having regard to the European Parliament resolution of 25 November 2015 on the prevention of radicalisation and recruitment of European citizens by terrorist organisations
Amendment 85 #
2017/2125(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the aberrant governance practices, including political parties and political leaders promoting racist and xenophobic ideas, policies, speeches and practices ad spreading fake news, seen in some Member States reflect a selective approach to the benefits and responsibilities of EU membership, and whereas the refusal by those Member States to fully uphold EU law, the separation of powers, the independence of the judiciary and the predictability of State actions is undermining the credibility of the EU as a legal area;
Amendment 113 #
2017/2125(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the influx of migrants into Europe is continuing; whereas many of these migrantsmany migrants arriving to Europe place their lives in the hands of traffickers and criminals; whereas , according to UNHCR data, 27% of the migrants arriving in Europe via the Mediterranean are children; whereas , according to the IOM, 23% of these children stated that they had never been to school;
Amendment 123 #
2017/2125(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the dangers faced by refugee and migrant children include separation from their families, detention, multiple discrimination, sexual and gender-based violence, exploitation and physical and psychological damage;
Amendment 164 #
2017/2125(INI)
Motion for a resolution
Recital I
Recital I
I. whereas hate speech includes all forms of expression both online and offline which propagate, encourage, promote or justify racial hatred, xenophobia, anti-Semitism, homophobia, transphobia or other forms of hatred based on intolerance; whereas the development of new kinds of media is making it easier to engage in online hate speech;
Amendment 167 #
2017/2125(INI)
Motion for a resolution
Recital I
Recital I
I. whereas hate speech includes all forms of expression which propagate, encourage, promote or justify racial hatred, xenophobia, anti-Semitism, anti-Gypsism, Afrophobia,, Islamophobia, or other forms of hatred based on intolerance; whereas the development of new kinds of media is making it easier to engage in online hate speech;
Amendment 168 #
2017/2125(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas exclusion and discrimination can create a fertile ground for individuals invulnerable situations to join extremist organisations that can be violent.
Amendment 171 #
2017/2125(INI)
Motion for a resolution
Recital J
Recital J
J. whereas there is a risk that the increased levels of racial violence and hatred, xenophobia and Afrophobia, anti- Gypsism, anti-Semitism, Islamophobia, or other forms of hatred based on intolerance whether expressed in the form of hate crimes, anonymous messages spread on social networks, protests or political propaganda, will come to be seen as normal in the Member States;
Amendment 175 #
2017/2125(INI)
Motion for a resolution
Recital J
Recital J
J. whereas there is a risk that the increased levels of hatred, xenophobia and Afro, Afrophobia, homophobia and transphobia, whether expressed in the form of hate crimes, anonymous messages spread on social networks and other internet platforms, protests or political propaganda, will come to be seen as normal in the Member States;
Amendment 179 #
2017/2125(INI)
Motion for a resolution
Recital J
Recital J
J. whereas there is a risk that the increased levels of hatred, xenophobia and Afrophobia, whether expressed in the form of hate crimes, fake news, anonymous messages spread on social networks, protests or political propaganda, will come to be seen as normal in the Member States;
Amendment 249 #
2017/2125(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Strongly condemns increasing restrictions on freedom of assembly, such as on Pride marches, in some cases with violent responses from authorities against protesters; reaffirms the crucial role of these fundamental freedoms in the functioning of democratic societies and the responsibility of states in ensuring such rights are upheld and participants protected; calls on the Commission to take an active role in promoting these rights in line with international human rights standards;
Amendment 273 #
2017/2125(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 280 #
2017/2125(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that violent conflicts, persecution, inequality, terrorism, repressive regimes, natural disasters, human-made crisis and chronic poverty are all drivers of migration that have led to increased mobility in recent years.
Amendment 291 #
2017/2125(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 302 #
2017/2125(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that refugees and migrants have the same universal human rights and fundamental freedom, which need to be protected regardless of their status; urges Member States to comply with existing fundamental rights and asylum legislation while paying attention to the most vulnerable groups, namely minors.
Amendment 304 #
2017/2125(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Expresses concern over the fact that several Member States have toughened their asylum and migration legislation in terms of increasing police measures, reducing benefits for refuges, introducing cuts in social benefits, introducing time-limited residence permits for refugees and beneficiary of subsidiarity protection.
Amendment 314 #
2017/2125(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Strongly condemns the growing phenomenon of human trafficking; urges Member States to increase cooperation and step up their fight against organised crime, including smuggling and trafficking of human being, but also exploitation, forced labour, sexual abuses and torture, while protecting victims, in particular women and children.
Amendment 318 #
2017/2125(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 334 #
2017/2125(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Deplores that the little progress that has been registered on resettlement were offset by restriction in family reunification with several EU member states introducing limits in their national laws
Amendment 335 #
2017/2125(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Deplores the lack of safe and legal channels for asylum seekers and refugees into the European Union; urges therefore Member States to open up and allocate sufficient resources to create new safe and legal possibilities and channels for asylum seekers and migrants to enter the European Union. Stresses the importance of addressing the root causes of large movements of refugees and migrants in developing countries.
Amendment 360 #
2017/2125(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need for measures to be taken as a matter of priority in all the Member States to give immigrant children access to education, language learand their children adequate and dignified reception conditions - including accommodation, literacy and language courses, inter- cultural dialogue, education and professional training, healthcare, – good living conditions and the opportunity to be reunited with their family;
Amendment 366 #
2017/2125(INI)
Motion for a resolution
Paragraph 12a (new)
Paragraph 12a (new)
12a. Is concerned about the wide divergences in the level of reception conditions provided by some Member States that do not ensure adequate and dignified treatment of applicants of international protection.
Amendment 374 #
2017/2125(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that integration is best achieved through schooling for young people and education in European citizenship foreducation, training, housing, access to the labour market, social and health services and also effective access to democratic structures in society for young and older people, that th; therefore EU should therefore promote a policy reception and integration in all the Member States, and that it is unacceptable that certain Member States should claim that the migration phenomenon is not their concern;
Amendment 440 #
2017/2125(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that particular attention should be paid to the situation of women and the rights of women in the EU, be they immigrants, victims of abuse or modern slavery, alone or accompanied by children; points out that the EU and the Member States must set an example in this regard; calls in this regard on the Council to finally adopt the Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426);
Amendment 469 #
2017/2125(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses concern at the rhetoric of hatred and fear directed at migrants entering Europe and the upsurge in anti- IslamicAfrophobic, anti-Roma, anti-Semitic, and anti-Africanti- migrant and Islamophobic rhetoric;
Amendment 472 #
2017/2125(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on Member States which have adopted legislation on same-sex partnerships and/or marriage to recognise provisions with similar effects adopted by other Member States; recalls the Member States' obligation to fully implement Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, including for same-sex couples and their children; welcomes the fact that more and more Member States have introduced and/or adapted their laws on cohabitation, civil partnership and marriage to overcome the discriminations based on sexual orientation lived by same-sex couples and their children and calls on other Member States to introduce similar laws; calls on the Commission to bring forward a proposal for the full mutual recognition of the effects of all civil status documents across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;
Amendment 478 #
2017/2125(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls for EU wide training for police enforcement officials in the EU to effectively combat hate crimes against LGBTI persons, provided by the European Union Agency for Law Enforcement Training (CEPOL) and building upon best practices on national level and the work of the European Union Agency for Fundamental Rights(FRA); underlines the importance of diversity in law enforcement agencies which increases trust;
Amendment 484 #
2017/2125(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that social networks and the anonymity guaranteed by many different media platforms encourage many forms of expression of hatred, from jihadist preaching to anti-Islam speech, and calls for this phenomenon to be curbed through closer monitoring and the identificracist speech and fake news; urges Member States to halt this phenomenon through improved monitoring investigation and prosecution of the authors of statements or words incompatible with European culture and lawprinciples and values, in collaboration with civil society and IT companies;
Amendment 486 #
2017/2125(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that social networks and the anonymity guaranteed by many different mediainternet platforms encourage many forms of expression of hatred, from jihadist preaching to anti-Islam speech, including xenophobia, homophobia and transphobia, and calls for this phenomenon to be curbed through closer monitoring and the identification and prosecution of the authors of statements or words incompatible with European culture and law;
Amendment 490 #
2017/2125(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 499 #
2017/2125(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes initiatives prohibiting LGBTI conversion therapies and banning pathologisation of trans identities and urges all member states to adopt similar measures that respect and uphold the right to gender identity and gender expression;
Amendment 504 #
2017/2125(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Urges Member States to prohibit invasive and irreversible sex- “normalising” surgery and hormonal treatments on intersex children when they can be deferred, until the child can provide fully informed consent; welcomes gender sensitive birth registration systems and legal gender recognition procedures;
Amendment 511 #
2017/2125(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the importance of maintaining and stepping up efforts in the areas of data protection, safeguards for children, the protection of victims of criminal acts, Roma people, violence against women, freedom of religion and belief, public health, the recognition of marital status in the EU, gender equality, the rights of p for all couples regardless of sexual orientation; and equality between people of all gender identities and gender expressions; banning of conversions with a disability and the rights of elderly persons therapies, forced sterilisation and the introduction of quick, accessible, transparent legal gender recognition based on self-determination and the de-pathologisation of transgender identities, especially of children, while ensuring access to trans-specific healthcare;
Amendment 522 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. For the sake of creating mutual trust, fighting effectively against anti- Gypsyism and making tangible improvement in the living conditions of Roma people, calls on the Commission and the Member States to follow the recommendations and satisfy the demands of the resolution on the fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism (2017/2038(INI));
Amendment 526 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. calls on the European Union and Member states to ratify and implement the Istanbul Convention as soon as possible; calls on the Commission and Member States to mainstream the fight against gender-based violence and violence against LGBTI people, including in their work with third countries;
Amendment 540 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Deplores the fact that the number of anti-Semitic incidents in EU Member States has risen significantly in recent years;
Amendment 546 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Deplores the fact that Muslims face widespread discrimination and harassment as well as the disproportionate effect of counter- terrorism legislation, policies and practices which can have a discriminatory bias when not grounded in reasonable suspicion or are not legitimate and proportionate;
Amendment 553 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
Amendment 559 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18e. Expresses its concern at the lack of reporting of hate crimes by victims due to inadequate safeguards and failure of authorities to properly investigate and bring convictions for hate crimes in Member States;
Amendment 562 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 f (new)
Paragraph 18 f (new)
18f. Expresses its concern that several Member States have not correctly transposed the provisions of Framework Decision 2008/913/JHA; Calls for infringement procedures against those Member States that fail to transpose them;
Amendment 564 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 g (new)
Paragraph 18 g (new)
18g. Calls for the adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination, also protecting from discrimination on the grounds of religion and belief, disability, age and sexual orientation outside of employment;
Amendment 568 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 h (new)
Paragraph 18 h (new)
18h. Encourages the Commission to appoint EU Coordinators on Afrophobia and anti-Gypsyism, to be responsible for improving coordination and coherence among EU institutions, EU agencies, Member States and international actors and will develop existing and new EU policies to address Afrophobia and anti- Gypsyism, and recommends the adoption of European frameworks for national strategies to combat Afrophobia,anti- Gypsyism, anti-Semitism and Islamophobia;
Amendment 572 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 i (new)
Paragraph 18 i (new)
18i. Calls on the European Commission to lead by example in promoting the rights of minorities by amending its diversity and inclusion strategy to include race, ethnicity and religion/belief on the diversification of the EU workplace
Amendment 20 #
2017/2122(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the Guidelines to Promote and Protect the Enjoyment of All Human Rights by Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Persons, adopted by the Council on 24 June 2013,
Amendment 42 #
2017/2122(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the protection of the human rights of the most vulnerable groups, such as ethnic, linguistic and religious minorities, LGBTI persons, women, children, asylum-seekers and migrants deserves special attention;
Amendment 43 #
2017/2122(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas human rights violations such as torture and inhuman treatment, hate crimes, forced disappearances, violation of bodily integrity, and many other violations continue to be a cause for serious concern;
Amendment 46 #
2017/2122(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas states have the ultimate responsibility to safeguard all human rights of people through enacting and implementing international human rights treaties and conventions, monitoring human rights violations and ensuring effective remedy for victims;
Amendment 53 #
2017/2122(INI)
Motion for a resolution
Recital E
Recital E
E. whereas freedom of thought, conscience, religion and belief must be enhanced unconditionallycould be preserved through interreligious and intercultural dialogue;
Amendment 62 #
2017/2122(INI)
Motion for a resolution
Recital G
Recital G
G. whereas placing a high value on freedom and the principle of holding periodic and genuine elections, as well as protecting the fundamental rights to freedom of assembly and expression, are essential elements of democracy;
Amendment 129 #
2017/2122(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates the fact that freedom of expression online and offline is a vital component of any democratic society, as it nourishes a culture of pluralism that empowers civil society and citizens to hold their governments and decision-makers to account, and supports respect for the rule of law; stresses, therefore, that the EU should intensify its efforts to promote freedom of expression through its external policies and instruments; reiterates its request for the EU and its Member States to enhance their monitoring of all types of restrictions on freedom of expression and the media in third countries, including when they are used to silence minority groups, and to rapidly and systematically condemn such limitations; emphasises the importance of ensuring the effective implementation of the EU Guidelines on Freedom of Expression Online and Offline and of regularly monitoring their impact; welcomes the new European Instrument for Democracy and Human Rights (EIDHR) launched in 2016, with its specific focus on training EU delegations and media actors in third countries on how to apply the Guidelines;
Amendment 130 #
2017/2122(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Strongly condemns increasing restrictions on freedom of assembly and association of opposition movements or minority group events, such as Pride marches, in some cases with violent responses from authorities against protesters;reaffirms the crucial role of these fundamental freedoms in the functioning of democratic societies and the responsibility of states in ensuring such rights are upheld and participants protected;calls on EU delegations, relevant institutions, bodies and individuals to take an active role in promoting these rights in line with international human rights standards;
Amendment 136 #
2017/2122(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is deeply concerned that civil society is increasingly under attack worldwide; recalls that independent civil society plays an essential role in the defence and advancement of human rights and in the functioning of democratic societies; calls for the EU and its Member States to constantly monitor and raise cases of violations of freedom of assembly and association, including the various forms of bans and limitations on civil society organisations (CSOs) and their activities through restrictive legislation, heavy administrative burdens, monitoring or other means that inhibit the functioning of the organisations; calls, in addition, for the EU and its Member States to use all available means, such as human rights dialogues, political dialogues and public diplomacy, to systematically raise individual cases of human rights defenders (HRDs) and civil society activists at risk, particularly those in prison;
Amendment 150 #
2017/2122(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers it deeply regrettable that torture, ill-treatment and the death penalty continue all over the world, and against dissenting members of society and against vulnerable groups, such as ethnic, linguistic and religious minorities, LGBTI persons, women, children, asylum seekers and migrants; calls for the EU to intensify its efforts to eradicate these serious human rights violations; urges the EEAS and the VP/HR to engage more strongly in the fight against torture and other cruel, inhuman and degrading treatment or punishment, including the death penalty, through increased diplomatic efforts and more systematic public positioning; recommends that the EEAS, the EU delegations and the Member States use all existing instruments, such as the EU Guidelines on Torture, to their full potential; welcomes the fact that the UN’s resolution on a moratorium on the use of the death penalty was adopted by the UNGA in December 2016 with the support of 117 countries;
Amendment 154 #
2017/2122(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Condemns violations of bodily integrity against women as well as minority groups which are in breach of the fundamental right to bodily integrity and identity, such as female genital mutilation (FGM), intersex genital mutilations, forced sterilisation of people belonging to ethnic minority groups and people with disabilities;calls on states to outlaw these practices, address perpetrators and support victims;highlights that transgender people are psychopathologised and subjected to forced sterilisation in order to obtain legal recognition of their gender identity;calls on states to establish fast, accessible and transparent procedures for legal gender recognition, based on self-determination only and to depathologise trans identities in accordance to the ICD-11;
Amendment 162 #
2017/2122(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the adoption of the EU Gender Action Plan 2016-2020 which sets out a comprehensive list of measures to improve the situation of women in terms of equal rights and empowerment; emphasises the importance of ensuring its effective implementation; welcomes, in addition, the adoption of the Strategic Engagement for Gender Equality 2016-2019, which promotes gender equality and women’s rights worldwide; requests that the Commission, the EEAS and the VP/HR step up their fulfilment of the obligations and commitments in the area of women’s rights under the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW); believes that the EU should continue mainstreaming support for women within common security and defence policy (CSDP) operations, conflict prevention and post- conflict reconstruction; recalls that the 2016 Sakharov Prize was awarded to Nadia Murad and Lamiya Aji Bashar, survivors of sexual enslavement perpetrated by ISIS/Daesh; strongly condemns all forms of abuse and violence against all women and girls, including violence based on sexual orientation, gender identity and sex characteristics, in this connection;
Amendment 168 #
2017/2122(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Welcomes the signing of the Istanbul Convention on preventing and combating violence against women and domestic violence by the European Union;highlights the importance of fighting against gender-based violence in the countries of the Council of Europe and beyond;calls on the EU and Member States to ratify the Istanbul Convention as soon as possible;calls on the EU, EU delegations and Member States to mainstream the fight against gender- based violence and violence against women, including lesbian and bisexual women and transgender and intersex people, in their work with third countries;
Amendment 189 #
2017/2122(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Condemns in the strongest terms all forms of discrimination, including on grounds of race, colour, religion, gender, sexual orientation, gender identity, gender expression, sex characteristics, language, culture, social origin, caste, birth, age, disability or any other status; stresses that the EU should intensify its efforts to eradicate all types of discrimination, racism and xenophobia through human rights and political dialogues, the work of the EU delegations and public diplomacy; stresses, in addition, that the EU should continue promoting the ratification and full implementation of all UN conventions that support this cause;
Amendment 200 #
2017/2122(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses profound concern that minorities, such as ethnic, linguistic and religious minorities, LGBTI persons, persons with disabilities, women, children, asylum seekers and migrants, are still at a heightened risk of discrimination and are especially vulnerable to political, economic, environmental and labour- related changes and disruptions; notes that many have little or no access to political representation and are acutely affected by poverty; stresses that the EU should intensify its efforts to eradicate the violations of human rights committed against minorities; stresses the need to mainstream recognition and support for the specific needs of people experiencing multiple vulnerabilities, such as LGBTI asylum seekers, and ethnic or religious minority persons with disabilities;
Amendment 212 #
2017/2122(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reiterates its support for the introduction of human rights clauses in international agreements between the EU and third countries; recalls that all human rights must be considered of equal value, being indivisible, interdependent and interrelated; calls on the Commission to monitor the implementation of such clauses effectively and systematically and to provide Parliament with regular reports on partner countries’ respect for human rights; takes a positive view of the GSP+ preference system as a means to stimulate the effective implementation of 27 core international conventions on human rights and labour standards; expects the Commission to report back to Parliament and to the Council on the status of its ratification; reiterates the importance of the proper implementation of the UN Guiding Principles on Business and Human Rights;
Amendment 216 #
2017/2122(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reaffirms the fact that the activities of all companies, including European ones, operating in third countries should be in full compliance with international human rights standards; reaffirms, moreover, the importance of promoting corporate social responsibility and of European enterprises playing a leading role in promoting international standards on business and human rights; emphasises that European enterprises should serve as examples of good practice by enforcing within their workforce and across vertical and horizontal value chains equal treatment and suitable support for women and minorities, such as ethnic, linguistic and religious minorities, LGBTI people, people with disabilities, children, asylum seekers and migrants; acknowledges that global value chains contribute to enhancing international core labour, environmental and social standards, and represent an opportunity for sustainable progress, especially in developing countries;
Amendment 241 #
2017/2122(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Strongly condemns the heinous crimes and human rights violations committed by non-state actors such as Boko Haram in Nigeria and ISIS/Daesh in Syria and Iraq; is horrified at the vast range of crimes committed, including murder, torture, rape, enslavement and sexual slavery, the recruitment of child soldiers, forced religious conversions and the systematic killing of religious minorities, including Christians, Yazidis and othersethnic, linguistic and religious minorities, LGBTI people, people with disabilities, women and children; emphasises that the EU and its Member States should support the prosecution of members of non-state groups such as ISIS/Daesh by seeking a consensus within the UN Security Council to confer jurisdiction to the International Criminal Court (ICC);
Amendment 261 #
2017/2122(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Expresses profound concern at and solidarity with the large number of asylum seekers, refugees and migrants who suffer grave human rights violations as the victims of conflicts, persecution, governance failures and illegal migration, trafficking and smuggling networks; stresses the urgent need to tackle the root causes of migration flows and therefore to address the external dimension of the refugee crisis, including by finding sustainable solutions to conflicts in our neighbourhood by developing cooperation and partnerships with the third countries concerned, while keeping in sight the importance of ensuring the respect of human rights in those countries; underlines the need for a comprehensive human-rights-based approach to migration and calls for the EU to collaborate further with the UN, regional organisations, governments and NGOs; in the meantime calls on Member States to respect and fully implement the adopted common European asylum package and the common migration legislation, particularly to safeguard vulnerable asylum seekers, such as women as well as LGBTI people, against violence, discrimination and re-traumatisation during the asylum process; calls on Member States to recognise that specific vulnerabilities of LGBTI people must be considered in classifying whether a country is “safe”, and to factor this into decisions on applications, country placements and deportation; calls for specific medical needs to be unconditionally provided for throughout the migration and asylum process, especially for particularly vulnerable populations, including women as well as trans and intersex people and people with disabilities; calls on the EASO to provide appropriate training to Member States to enable appropriate and sensible proceedings; calls on Member States to recognise the gender identity of trans asylum seekers already in asylum proceedings; calls on Member States to participate in resettlement programmes, giving access to family reunification and granting humanitarian visas;
Amendment 289 #
2017/2122(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers that the EU should continue its efforts to enhance respect for the human rights of LGBTI people, in line with the EU Guidelines on the topic; recommends that the Guidelines be implementedcalls for the full implementation of the Guidelines, including through the training of EU staff in third countries; regrets that 72 countries still criminalise homosexuality, 13 of which have the death penalty, and believes that practices and acts of violence against individuals on the basis of their sexual orientation, gender identity or sex characteristics, such as forced outings, hate crimes and hate speech both online and offline, corrective rape, and intersex genital mutilations should not go unpunished;
Amendment 314 #
2017/2122(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Expresses its conviction that the revised European neighbourhood policy should continue to have the promotection, promotion and implementation of human rights and democratic principles at its core; reiterates the fact that the promotection, promotion and implementation of human rights and democracy are in the interest of both partner countries and the EU;
Amendment 330 #
2017/2122(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Reiterates its view that the adoption of the EU Strategic Framework and the first Action Plan on Human Rights and Democracy in 2012 constituted a major milestone for the EU in placing human rights and democracy at the core of its external relations; welcomes the adoption by the Council in July 2015 of a new Action Plan on Human Rights and Democracy for 2015-2019 and the performance of a mid-term review in 2017; calls on the VP/HR, the EEAS, the Commission, the Council and the Member States to ensure the efficient and coherent implementation of the current Action Plan, including through genuine collaboration with civil society organisations; stresses that the Member States should report back on how they have implemented the Plan; draws particular attention to the importance of increasing the effectiveness and maximising the local impact of the tools used to promote respect for human rights and democracy worldwide;
Amendment 332 #
2017/2122(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates its view that a solid consensus and enhanced coordination between Member States and the EU institutions, as well as genuine collaboration with civil society organisations at local, national and international level, is required in order to advance the human rights and democracy agenda coherently and consistently; stresses firmly that Member States should take greater ownership of the implementation of the Action Plan and the EU Strategic Framework and use them as a blueprint for promoting human rights and democracy bilaterally and multilaterally;
Amendment 3 #
2017/2068(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to Articles 1, 7, 8, 11, 21, 24,48, 49 and 52 of the Charter of Fundamental Rights of the European Union (CFR),
Amendment 12 #
2017/2068(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data,
Amendment 13 #
2017/2068(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data,
Amendment 21 #
2017/2068(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to the ENISA’s Opinion Paper on Encryption - Strong Encryption Safeguards our Digital Identity of December 2016,
Amendment 39 #
2017/2068(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the lines between cybercrime, cyber espionage, cyber warfare, cyber sabotage and cyber terrorism are becoming increasingly blurred; whereas cybercrimes can target individuals, public or private entities and cover a wide range of offences, including privacy breaches, copyright infringement, child pornography, online incitement to hatesexual abuse online, hate speech, the dissemination of fake news with malicious intent, financial crime and fraud, as well as illegal system interference;
Amendment 48 #
2017/2068(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the 2016 IOCTA reveals that cybercrime is increasing in intensity, complexity and magnitude, that reported cybercrime exceeds traditional crime in some EU countries, that it extends to other areas of crime, such as human trafficking, that there has been a growinge misuse of encryption and anonymisation tools for illegal reasons and that ransomware attacks outnumber traditional malware threats such as Trojans;
Amendment 49 #
2017/2068(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas a recent study by the National Crime Agency in the UK found that younger persons who engage in hacking activities are less motivated by money and often attack computer networks to impress friends or to challenge a political system.
Amendment 66 #
2017/2068(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas the Max Schrems judgment of the CJEU highlights that mass surveillance is a breach of fundamental rights;
Amendment 79 #
2017/2068(INI)
Motion for a resolution
Recital H
Recital H
Amendment 85 #
2017/2068(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the constantly growing interconnectedness of people, places and things makes Internet of Things (IoT) devices an ideal target for cybercriminalspresents an increased risk of cybercrime as the Internet of Things (IoT) devices are often not as well protected, sometimes even not protected at all, as traditional devices connected to the internet and as such are an ideal target for cybercriminals, especially as the regime for security updates for connected devises is often patchy and sometimes lacking completely;
Amendment 94 #
2017/2068(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. Whereas it is estimated that 36 billion dollars will be invested in wireless technology for automobiles by 2018.
Amendment 98 #
2017/2068(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the sharp increase in ransomware, botnets and the unauthorised impairment of computer systems has an impact on the availability and integrity of not only personal data, as well as on the protection of privacy and fundamental freedoms, but also the integrity of critical infrastructure including, but not limited to, energy and electricity supply and financial structures such as the stock exchange, which could have dire consequences for societal and governmental order;
Amendment 101 #
2017/2068(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the need to streamline common definitions of cybercrime, cyber warfare, cybersecurity, cyber harassment and cyber attacks to ensure a common legal definition is shared by the EU institutions and EU Member States.
Amendment 105 #
2017/2068(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates the importance of the legal measures taken at European level to harmonise the definition of offences linked to attacks against information systems as well as to child sexual abuse and exploitation online and to oblige the Member States to set up a system for the recording, production and provision of statistical data on these offences;
Amendment 121 #
2017/2068(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 127 #
2017/2068(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the constantly changing nature of the cyber-threat landscape presents all stakeholders with serious legal and technological challenges; believes that such challenges are harder to overcome if the potential of new technologies is seen as a threat; believes that communities which engage in ICT activities should be encouraged to join in the fight against cybercrime through the encouragement of ‘white-hat hacking’.
Amendment 131 #
2017/2068(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 140 #
2017/2068(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges that technological advances in encryption allow legitimate users to better protect their data, but points out that malicious users deploy the same techniques to conceal their criminal activities and identitiesbetter protection of data and communications, but points out that there are still notable gaps in securing communications and introducing end-to-end encryption to minimise the attack surface for malicious abuse;
Amendment 149 #
2017/2068(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to step up their efforts in relation to victim identification and victim-centred services;, and calls on the Commission to issue a study as to the implications of cross- border cybercrime on Directive 2012/29/EU.
Amendment 162 #
2017/2068(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Stresses that there is a legitimate and strong need to protect communications between individuals and between individuals and public and private organisations in order to prevent cybercrime; highlights therefore that strong cryptography provides for this necessity; further stresses that limiting the use of or weakening the strength of the cryptographic tools will create vulnerabilities that can be used for criminal purposes, lower trust in electronic services, which, in turn, will damage civil society and industry alike;
Amendment 174 #
2017/2068(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes, in this regard, the investment of EU funds in research projects such as the public-private partnership (PPP) on cybersecurity, to foster European cyber-resilience and cyber-risk management through innovation and capacity building;
Amendment 185 #
2017/2068(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges the Commission and Member States to set up a high-level working group on Cyber Security Strategies for the Energy Sector in order to regularly assess the various threats posed due to the expansion of intelligent networked devices throughout the energy distribution system and the increasing number of accessible targets within the smart energy ecosystem.
Amendment 186 #
2017/2068(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Urges the Member States to set up a system of exchange of information which obliges mandatory reporting on security incidents, so that Member States are regularly informed of security incidents and measures that can be taken in order to combat and mitigate the risk to their own systems.
Amendment 187 #
2017/2068(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned by the Europol finding that the majority of successful attacks on individuals are attributable to a lack of user-awareness, as well as insufficient securitytechnical security measures;
Amendment 212 #
2017/2068(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that businesses should conduct regular vulnerability assessments, fix existidentify vulnerabilities and risks through regular assessments, protect their products and services by fixing vulnerabilities found in their products or services and consistently reporting cyber- attacks;
Amendment 228 #
2017/2068(INI)
Motion for a resolution
Subheading 3
Subheading 3
Enhancing responsibility and liability of the service providers
Amendment 230 #
2017/2068(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers enhanced cooperation with service providers to be a key factor in accelerating and streamlining mutual legal assistance and mutual recognition procedures, within the remits provided for by the European legal framework;
Amendment 238 #
2017/2068(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that innovation should not be hampered by unnecessary red tape for software developers and hardware producers;t is in the interests of developers of innovative software and hardware producers to invest in solutions to prevent cybercrime; in this context, encourages the private sector to implement voluntary measures, aligned with internationally recognized standards aimed at bolstering trust in the security of software and devices, such as the IoT trust label, developed on the basis of relevant EU legislation such as the NIS Directive;
Amendment 250 #
2017/2068(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 257 #
2017/2068(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Encourages Member States to work with Service Providers in order to ensure efficient “take downs” by the industry of illegal content, rather than blocking measures by Governments.
Amendment 260 #
2017/2068(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 276 #
2017/2068(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 284 #
2017/2068(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. UnderlinBelieves that issues related to illegal on-line content should be removed immediately;must be tackled in an efficient manner through takedown procedures welcomes, in this context, the progress achieved concerning the blocking and removal of illegal content online, but stresses the need for a stronger commitment on the part of platformcompetent authorities and digital service providers to respond quickly and effectively; further underlines the necessity to improve cooperation between competent authorities in exchanging the relevant information, especially between authorities of different Member States;
Amendment 304 #
2017/2068(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is concerned that a considerable number of cybercrimes remain unpunished; emphasises the need to allow lawful access to relevant information, even if it has been encrypted, if such access is imperativn the limited circumstances where such access is necessary and proportionate for reasons of security and justice;
Amendment 311 #
2017/2068(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 318 #
2017/2068(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that lawful hacking mustcan be a measure of last resort, which has to behighly effective measure to combat unlawful hacking, on condition that it is necessary, proportionate, and in full compliance with fundamental rights and EU data protection and case law; calls on all Member States to establish clear rules regarding the authorisation process for lawful hacking activities, including restrictions on the use and duration of lawful hacking tools, to set up an oversight mechanism, and to provide effective legal remedies for the targets of these hacking activities; and encourages Member States to engage with such communities in order to encourage those who engage in various ICT activities to take a more active role in ‘white hat’ hacking and the reporting of illegal content, such as child sexual abuse material
Amendment 322 #
2017/2068(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Encourages Europol to put together an anonymous reporting system within the Darknet, which will allow persons to report illegal content, such as depictions of child sexual abuse material, to authorities using the same technical safeguards implemented by many press organisations who use similar systems to facilitate the exchange of sensitive data to journalists in a way which allows for a greater degree of anonymity and security than is afforded by conventional e-mail.
Amendment 324 #
2017/2068(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Encourages Member States to ensure that Victims of individual cyber- attacks can fully benefit from all of the rights enshrined in Directive 2012/29/EU.
Amendment 326 #
2017/2068(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 335 #
2017/2068(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Underlines that the patchwork of separate, territorially defined national jurisdictions causes difficulties in determining the applicable law in transnational interactions and gives rise to legal uncertainty, thereby preventing cooperation across borders, which is necessary to deal efficiently with misuses online;cybercrime
Amendment 345 #
2017/2068(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Underlines that a common European approach to criminal justice in cyberspace is a matter of priority, as it will improve the enforcement of the rule of law in cyberspace and facilitate the obtaining of e-evidence in criminal proceedings;
Amendment 356 #
2017/2068(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines the importance of close cooperation between law enforcement authorities and the private sector on the issue of access to e-evidence; urges the Member States concerned to eliminate criminal law provisions prohibiting domestic service providers from respond in accordance with Regulation 2016/679, directive 2016/680 and by taking into foreign law enforcement requests;account the MLA agreements
Amendment 360 #
2017/2068(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 370 #
2017/2068(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 402 #
2017/2068(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Highlights the importance of the conclusions of a future EU-US Umbrella agreement and stresses that the EU cannot accept sub-standard provisions when it comes to the Privacy Shield; Urges any EU decision on improved cooperation with third countries to take into account ECJ Judgement Case C- 362/141a _________________ 1aReference: Maximillian Schrems v Data Protection Commissioner (Case C- 362/14)"
Amendment 175 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point p
Paragraph 1 – point p
(p) to include provisions related to the protection of human rights and fundamental freedoms aimed at ending political prosecutions and abductions, the targeting of political dissidents, independent journalists, human rights defenders, NGO representatives and members of some minority groups including the LGBTQI community; to ensure explicit naming of vulnerable groups, such as LGBTI people, journalists, NGO representatives, dissidents, in any provisions; to set up a reinforced forum for a human rights dialogue between the EU and Azerbaijan to encourage and support in particular the implementation of comprehensive reforms of the judiciary, all in line with EU standards;
Amendment 588 #
2017/2052(INI)
Motion for a resolution
Paragraph 87
Paragraph 87
87. Recognises the European added value of collaboration in addressing common public health threats; notes that no single Member State can tackle cross- border health challenges alone, and calls for the next MFF to reflect the EU’s responsibility to support Member States in reducing health inequalities; considers that, on the basis of the positive outcome of the ongoing actions in this field, the next MFF should include a robust next generation Health programme that addresses these issues on a cross-border basis, notably by making innovative solutions for healthcare delivery, such as the European Reference Networks; recalls that good health is a prerequisite for achieving other goals set by the EU and that policies in such fields as agriculture, environment, employment, social issues or inclusion also have an impact on the health of Europeans; calls, therefore, for the strengthening of health impact assessments and for cross- sectoral cooperation in the next MFF in this field;
Amendment 195 #
2017/0352(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In its Resolution of 6 July 2016 on the strategic priorities for the Commission Work Programme 201747 , the European Parliament called for proposals to improve and develop existing EU information systems, address information gaps and move towards their interoperability, as well as proposals for compulsory information sharing at EU level, accompanied by the necessary data protection safeguards. Such safeguards should include the prevention of unauthorized access and sharing of data with unauthorized authorities, logging access and usage by authorized users, the implementation of minimum quality standards, ensuring the right to effective remedy and the practical possibility to rebut false assumptions and inaccurate data held by the relevant authorities. _________________ 47 European Parliament resolution of 6 July 2016 on the strategic priorities for the Commission Work Programme 2017 (2016/2773(RSP).
Amendment 197 #
2017/0352(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In his Opinion 4/2018 of 16 April 20181a, the European Data Protection Supervisor emphasised that the decision to make large scale IT systems interoperable would not only permanently and profoundly affect their structure and their way of operating, but would also change the way legal principles have been interpreted in this area so far and would as such mark a ‘point of no return’. _________________ 1a http://edps.europa.eu/sites/edp/files/public ation/2018-04- 16_interoperability_opinion_en.pdf
Amendment 198 #
2017/0352(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) In its Opinion of 11 April 20182a, the Article 29 Data Protection Working Party reiterated that the process towards interoperability of systems raises fundamental questions regarding the purpose, necessity, proportionality of the data processing as well as concerns regarding the principles of purpose limitation, data minimization, data retention and clear identification of a data controller. _________________ 2a http:// ec.europa.eu/newsroom/article29/docume nt.cfm?action=display&doc_id=51517
Amendment 201 #
2017/0352(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) With a view to improve the management of the external borders, to facilitating regular border crossings, to contribute to preventing and combating irregular migration, and to contribute to a high level of security within the area of freedom, security and justice of the Union, including the maintenance of public security and public policy and safeguarding the security in the, to assist in the prevention, detection and investigation of territoriest of the Member Statfences or other serious criminal offences, interoperability between EU information systems, namely [the Entry/Exit System (EES)], the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, the Schengen Information System (SIS), and the [European Criminal Records Information System for third-country nationals (ECRIS-TCN)] should be established in sorder foar these EU information systems and their data to supplement each otheras that is possible while respecting the fundamental rights of the individual, in particular, the right to protection of personal data. To achieve this, a European search portal (ESP), a shared biometric matching service (shared BMS), a common identity repository (CIR) and a multiple-identity detector (MID) should be established as interoperability components.
Amendment 203 #
2017/0352(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The interoperability between the EU information systems should allow said systems to supplement each communicate with one another in order to facilitate the correct identification of persons, at external borders, for the purpose of applications of international protection, or in the context of the prevention, detection and investigation of serious criminal offences - including terrorist offences, to contribute to fighting identity fraud, to improve and harmonise data quality requirements of the respective EU information systems, to facilitate the technical and operational implementation by Member States of existing and future EU information systems, to strengthen and simplify the data security and data protection safeguards that govern the respective EU information systems, in particular by ensuring that all Union data protection rules are applicable to all the information systems, and to streamline the law enforcement access to the EES, the VIS, the [ETIAS] and Eurodac, and support the purposes of the EES, the VIS, the [ETIAS], Eurodac, the SIS and the [ECRIS-TCN system].
Amendment 209 #
2017/0352(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The interoperability components should cover the EES, the VIS, the [ETIAS], Eurodac, the SIS, and the [ECRIS-TCN system]. They should also cover the Europol data to the extent of enabling ithat data to be queried simultaneously with these EU information systems.
Amendment 212 #
2017/0352(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The interoperability components should concern persons in respect of whom personal data may be processed in the EU information systems and by Europol, namely third-country nationals whose personal data is processed in the EU information systems and by Europol, and to EU citizens whose personal data is processed in the SIS and by Europol. Interoperability should not concern EU citizens.
Amendment 216 #
2017/0352(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The European search portal (ESP) should be established to facilitate technically the ability of the authorised Member State authorities and EU bodies to have a controlled yet fast, seamless, and efficient, systematic and controlled access to the EU information system access to the relevant EU databases, theo Europol data and theo Interpol databases needed toin so far as this is necessary for the performance of their tasks, and in accordance with their access rights, and to. In that way, the ESP should support the objectives of the EES, the VIS, the [ETIAS], Eurodac, the SIS, the [ECRIS-TCN system] and the Europol data. Enabling the simultaneous querying of all relevant EU information systemdatabases in parallel, as well as of the Europol data and the Interpol databases, the ESP should act as a single window or ‘message broker’ to search various central systems and retrieve the necessary information seamlessly and in full respect of the access control and data protection requirements of the underlying systems.
Amendment 221 #
2017/0352(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure fast and systematiceamless use of all EU information systems, the European search portal (ESP) should be used to query the common identity repository, the EES, the VIS, [the ETIAS], Eurodac and [the ECRIS-TCN system]. However, the national connection to the different EU information systems should remain in order to provide a technical fall back. The ESP should also be used by Union bodies to query the Central SIS in accordance with their access rights and in order to perform their tasks. The ESP should be an additional means to query the Central SIS, the Europol data and the Interpol systems, complementing the existing dedicated interfaces.
Amendment 224 #
2017/0352(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Biometric data, such as fingerprints and facial images, are unique and therefore much more reliable than alphanumeric data for identifying a person. However, biometric data constitute sensitive personal data. This regulation should therefore lay down the basis for and the safeguards for processing of such data for the purpose of uniquely identifying the persons concerned. The shared biometric matching service (shared BMS) should be a technical tool to reinforce and facilitate the work of the relevant EU information systems and the other interoperability components, without duplicating either the storage of the biometric or the storage of biometric templates. The main purpose of the shared BMS should be to facilitate the identification of an individual who may be registered in different databases, by matching their biometric data across different systems and by relying on one unique technological component instead of five different ones in each of the underlying systems. The shared BMS should contribute to security, as well as financial, maintenance and operational benefits by relying on one unique technological component instead of different ones in each of the underlying systems. All automated fingerprint identification systems, including those currently used for Eurodac, the VIS and the SIS, use biometric templates comprised of data derived from a feature extraction of actual biometric samples. The shared BMS should regroup and store all these biometric templates in one single location, facilitating, allow for a cross-system comparisons usingof those biometric data and enabling economies of scale in developing and maintaining the EU central systemstemplates using biometric data.
Amendment 226 #
2017/0352(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 230 #
2017/0352(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The systems established by Regulation (EU) 2017/2226 of the European Parliament and of the Council54 , Regulation (EC) No 767/2008 of the European Parliament and of the Council55 , [the ETIAS Regulation] for the management of the borders of the Union, the system established by [the Eurodac Regulation] to identify the applicants for international protection and combat irregular migration, and the system established by [the ECRIS-TCN system Regulation] require in order to be effective to rely on the accurate identification of those third-country nationals whose personal data are stored therein. _________________ 54 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (EES Regulation) (OJ L 327, 9.12.2017, p. 20–82). 55 Regulation (EC) No 767/2008 of the Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
Amendment 231 #
2017/0352(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 236 #
2017/0352(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Personal data stored in these EU information systems may relate to the same persons but under different or incomplete identities. Member States dispose of efficient ways to identify their citizens or registered permanent residents in their territory, but the same is not true for third- country nationals. The interoperability between EU information systems should contribute to thelp correctly identification ofy third-country nationals. The common identity repository (CIR) shouldEach individual information system should continue to store the personal data concerning third-country nationals present in the systems that are necessary to enable the more accurate identification of those individuals, therefore including their identity, travel document and biometric data, regardless of the system in which the data was originally collected. Only the personal data strictly necessary to perform an accurate identity check should be stored in the CIR. The personal data recorded in the CIR should be kept for no longer than is strictly necessary for the purposes of the underlying systems and should be automatically deleted when the data is deleted in the underlying systems in accordance with their logical separationquired under their founding regulations. This information will be made interoperable by virtue of the European Search Portal, the Biometric Matching Service and the Multiple Identity Detector.
Amendment 240 #
2017/0352(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The new processing operation consisting in the storage of such data in the common identity repository (CIR) instead of the storage in each of the separate systems is necessary to increase the accuracy of the identificIn order to ensure respect for the principles of purpose limitation and of data minimisation tha, it is made possible by the automated comparison and matching of such data. The fact that the identity and biometric data of third-country nationals isneither necessary nor proportionate to stored in the CIR should not hinder in any way the processing of data for the purposes of the EES, the VIS, the ETIAS, Eurodac or the ECRIS-TCN system Regulations, as the CIR should be a new shared component of those underlying systems.data in an additional repository above and beyond the information systems which are to be made interoperable
Amendment 243 #
2017/0352(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 245 #
2017/0352(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 248 #
2017/0352(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 253 #
2017/0352(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 256 #
2017/0352(COD)
(27) In order to ensureassist in the correct identification of a person, Member State authorities competent forwhere a travel document or other identity document preoventing and combating irregular migration ands insufficient or is unavailable, Member State competent authorities within the meaning of Article 3(7) of Directive 2016/680 should be allowed to query the common identity repository (CIR) with the biometric data of that person taken during an identityEuropean Search Portal (ESP) or the shared Biometric Matching Service (sBMS) and the underlying Union information systems with the biographical or biometric data of that person taken during an identity check provided always that individual concerned is physically present during such a check.
Amendment 261 #
2017/0352(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 266 #
2017/0352(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Member States should adopt national legislative measures designating the authorities competent to perform identity checks with the use of the common identity repository (CIR)ESP or the sBMS, subject to the physical presence of the individual concerned, and laying down the procedures, conditions and criteria of such identity checks in line with the principle of proportionality. In particular, the power to collect biometric data during an identitSuch an identity check in respect of third-country nationals should be permitted only cwheck of a person present beforere comparable procedures under equivalent conditions exist in the mMember of those authorities should be provided for by national legislative measureState concerned for Union citizens.
Amendment 269 #
2017/0352(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should also introduces a new possibility for streamlined access to data beyond identity data present in the EES, the VIS, [the ETIAS] or Eurodac by Member State designated law enforcement authorities and Europol. Data, including data other than identity data contained in those systems, may be necessary for the prevention, detection, investigation and prosecution of terrorist offences or serious criminal offences in a specific case. where there are reasonable grounds to consider that consultation will substantially contribute to the prevention, detection or investigation of the criminal offences in question; in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under the category of third country nationals whose data are stored in the EES, the VIS, the ETIAS and the Eurodac system. Such streamlined access will be provided after a prior search in the national databases has been carried out and a query of the automated fingerprint identification system of the other Member States under Decision 2008/615/JHA has been launched
Amendment 270 #
2017/0352(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Full access to the necessary data contained in the EU information systems necessary for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences, beyond the relevant identity data covered under common identity repository (CIR) obtained using biometric data of that person taken during an identity check, should continue to be governed by the provisions in the respective legal instruments. The designated law enforcement authorities and Europol do not always know in advance which of the EU information systems contains data of the persons they need to inquire upon. This results in delays anerefore, following the necessary checks in national databases and where a query of the automated finefficiencies in the conduct of gerprint identification system of the otheir tasks. TMember States under Decision 2008/615/JHA has been launched, the end-user authorised by the designated authority should therefore be allowed to see in which of the EU information systems the data corresponding to the query introduced are recorded. The concerned system would thus be flagged following the automated verification of the presence of a hit in the system (a so-called hit-flag functionality).
Amendment 274 #
2017/0352(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Where such a search is carried out, a hit should not be interpreted as a ground or reason to draw conclusions about or undertake measures towards a person, but may be used only for the purpose of submitting an access request to the underlying EU information systems, subject to the conditions and procedures laid down in the respective legislative instruments governing such access. Any such act will be subject to the provisions measures set out in Chapter VII and the safeguards provided for in Regulation EU2016/679, Directive 2016/680 or Regulation EC 45/2001.
Amendment 277 #
2017/0352(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The logs of the queries of the common identity repositoryEU information systems should indicate the purpose of the query. Where such a query was performed using the two- step data consultation approach, the logs should include a reference to the national file of the investigation or case, therefore indicating that such query was launched for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences.
Amendment 279 #
2017/0352(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The query of the common identity repository (CIR)EU information systems by Member State designated authorities and Europol in order to obtain a hit-flag type of response indicating the data is recorded in the EES, the VIS, [the ETIAS] or Eurodac requires automated processing of personal data. A hit-flag wshould not reveal personal data of the concerned individual other thanonly an indication that some of his or her data are stored in one of the systems, provided the authority making the search has access to that system. No adverse decision for the concerned individual should be made by the authorised end-user solely on the basis of the simple occurrence of a hit-flag, and the hit-flag should be used by the relevant authorities only for the purpose of deciding which database to query. Access by the end-user of a hit-flag would therefore realise a very limitedconstitute an interference with the right to protection of personal data of the concerned individual, while it would be necessary to allow the designated authority and Europol to address its request for access for personal data more effectively directly to the system that was flagged as containing and therefore should comply with the principles of necessity and proportionality.
Amendment 283 #
2017/0352(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The two-step data consultation approach is particularly valuable in cases where the suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence is unknown. In those cases the common identity repository (CIR) should enable, using the European Search Portal or the shared Biometric Matching Service should enable the relevant authority to identifying the information system that knows the person in one single searchsuspect, perpetrator or suspected victim in one single search, following the necessary checks in national databases and once a query of the automated fingerprint identification system of other Member States under Decision 2008/615/JHA has been launched. By creating the obligation to use this new law enforcement access approach in these cases, access to the personal data stored in the EES, the VIS, [the ETIAS] and Eurodac should take place without the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system (‘AFIS’) of other Member States under Decision 2008/615/JHA. The principle of prior search effectively limits the possibility of Member State’ authorities to consult systems for justified law enforcement purposes and could thereby result in missed opportunities to uncover necessary information. The requirements of a prior search in national databases and the launch of a priin national databases and AFIS which were designed specifically for preventing, detecting and investigating terrorist offences or other serious criminal offences before searching in othe automated fingerprint identification system of other Member States under Decision 2008/615/JHA should only cease to apply oncr EU information systems which do not have that as their primary purpose the alternative safeguard of the two- step approach to law enforcement access through the CIR has become operational. lps to ensure the necessity and proportionality of such a search.
Amendment 287 #
2017/0352(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The multiple-identity detector (MID) should be established to support the functioning of the common identity repository and to support the objectives of the EES, the VIS, [the ETIAS], Eurodac, the SIS and [the ECRIS- TCN system]. In order to be effective in fulfilling their respective objectives, all of these EU information systems require the accurate identification of the persons whose personal data are stored therein.
Amendment 288 #
2017/0352(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The possibility to achievo better realise the objectives of the EU information systems is undermined by the current inability for, the authorities using theose systems should be able to conduct sufficiently reliable verifications of the identities of the third-country nationals whose data are stored in different systems. That inability is determined by the fact that the set of identity data stored in a given individual system may be fraudulent, incorrect, or incomplete of fraudulent, and that there is currently no possibility to detect such fraudulent,way of detecting incorrect or, incomplete or fraudulent identity data by way of comparison with data stored in another system. To remedy this situation it is necessary to have a technical instrument at Union level allowing accurate identification of third-country nationals for these purposes.
Amendment 292 #
2017/0352(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The multiple-identity detector (MID) should create and store links between data in the different EU information systems in order to detect multiple identities, with the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud. The creation of those links constitutes automated decision-making as referred to in Regulation (EU) 2016/679 and in Directive(EU) 2016/680 and therefore requires transparency towards the individuals affected and the implementation of necessary safeguards in accordance with EU data protection rules. The MID should only contain the links between individuals present in more than one EU information system, strictly limited to the data necessary to verify that a person is recorded lawfully or unlawfully under different biographical identities in different systems, or to clarify that two persons having similar biographical data may not be the same person. Data processing through the European search portal (ESP) and the shared biometric matching service (shared BMS) in order to link individual files across individual systems should be kept to an absolute minimum and therefore is limited to a multiple-identity detection at the time new data is added to one of the information systems included in the common identity repository and inEES, the VIS, [the ETIAS], Eurodac or the SIS. The MID should include safeguards against potential discrimination or unfavourable decisions for persons with multiple lawful identities.
Amendment 294 #
2017/0352(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) This Regulation provides for new data processing operations aimed at identifyingensuring the correct identification of the persons concerned correctly. This constitutes an interference with their fundamental rights as protected by Articles 7 and 8 of the Charter of Fundamental Rights. Since the effective implementation of the EU information systems is dependent upon correct identification of the individuals concernedit is necessary to correctly identify those persons in order to fully realise the objectives of those EU information systems, such interference is justified by those same objectives ofor which each of those systems have been established, the effectively management ofing the Union's borders, theproviding internal security ofin the Union, the effectively implementation ofing the Union's asylum and visa policies and the fight againstcombatting irregular migration.
Amendment 297 #
2017/0352(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The European search portal (ESP) and shared biometric matching service (shared BMS) should compare data in common identity repository (CIR)the EES, the VIS, [the ETIAS], Eurodac and the SIS on persons when new records are created by a national authority or an EU body. Such a comparison should be automated. The CIR and the SISose EU information systems should use the shared BMS to detect possible links on the basis of biometric data. The CIR and the SIS and should use the ESP to detect possible links on the basis of alphanumeric data. The CIR and the SISose EU information systems should be able to identify identical or similar data on the third-country national stored across several systems. Where such is the case, a link indicating that it is the same person should be established. The CIR and the SISNew interoperability components should be configured in such a wayso that small transliteration or spelling mistakes are detected in such a way as not to create any unjustified hindrance to the concernedor interference with the fundamental rights of the third-country national. concerned
Amendment 300 #
2017/0352(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The national authority or EU body that recorded the new data in the respective EU information system should confirm or change these links. This authority should have access to the identity data stored in the common identity repository (CIR) or the SIS and in the multiple-identity detector (MID)ose EU information systems for the purpose of the manual identity verification.
Amendment 303 #
2017/0352(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Access to the multiple-identity detector (MID) by Member State authorities and EU bodies having access to at least one of the relevant EU information system included in the common identity repository (CIR) or to the SIS should be limited to so called red links, where the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner, or where the linked data has similardifferent identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner. Where the linked identity data isare not similar, a yellow link should be established and a manual verification should take place in order to confirm the link or change its colour accordingly.
Amendment 305 #
2017/0352(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The manual verification of multiple identities should be ensured by the authority creating or updating the data that triggered a hit resulting in a link with data already stored in another EU information system as described in this Regulation in full respect of access rights granted under Union and national law. The authority responsible for the verification of multiple identities should assess whether there are multiple lawful or unlawful identities. Such assessment should be performed where possibleonly in the presence of the third-country national and where necessary by requesting additional clarifications or information. Such assessment should be performed without delay, in line with legal requirements for the accuracy of information under Union and national law.
Amendment 307 #
2017/0352(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) FBy way of derogation, for the links obtained in relation to the Schengen Information System (SIS) related to the alerts in respect of persons wanted for arrest or for surrender or extradition purposes, on missing or vulnerable persons, on persons sought to assist with a judicial procedure, on persons for discreet checks or specific checks or on unknown wanted persons, the authority responsible for the verification of multiple identities should be the SIRENE Bureau of the Member State that created the alert. Indeed those categories of SIS alerts are sensitive and should not necessarily be shared with the authorities creating or updating the data in one of the other EU information systems. The creation of a link with SIS data should be without prejudice to the actions to be taken in accordance with the [SIS Regulations].
Amendment 309 #
2017/0352(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) eu-LISA should establish automated data quality control mechanisms and common data quality indicators. eu- LISA should be responsible tofor developing a central monitoring capacity for data quality, and tofor produceing regular data analysis reports to improve the control ofsupervision of the Member States’ implementation and application by Member States of EU information systems. The common quality indicators should include the minimum quality standards to store data in the EU information systems or the interoperability components. The goal of such a data quality standards should be for the EU information systems and interoperability components to automatically identify apparently incorrect or inconsistent data submissions so that the originating Member State is able to verify the data and carry out any necessary remedial actions.
Amendment 313 #
2017/0352(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The Universal Message Format (UMF) should establish a standard for structured, cross-border information exchange between information systems, authorities and/or organisations in the field of Justice and Home affairs. UMF should define a common vocabulary and logical structures for commonly exchanged information with the objective tof facilitateing interoperability by enabling the creation and reading of the contents of the exchange in a consistent and semantically equivalent manner.
Amendment 317 #
2017/0352(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) A central repository for reporting and statistics (CRRS) should be established to generate cross-system statistical data and analytical reporting for policy, operational and data quality purposes in line with the objectives of the underlying systems and inconformity with their respective legal bases. eu-LISA should establish, implement and host the CRRS in its technical sites. The CRRS should containing only anonymous statistical data from the above-menrelevant EU informationed systems, the common identity repository, the multiple-identity detector and the shared biometric matching service (shared BMS). The data contained in the CRRS should not enableallow for the identification of individuals. eu- LISA should immediately render the data anonymous and should record only such anonymousised data in the CRRS. The process for rendering the data anonymous should be automated and no direct access by eu- LISA staff should be granted to any personal data stored in the EU information systems or in the interoperability components.
Amendment 318 #
2017/0352(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation by national authorities unless such processing is carried out by the designated authorities or central access points of the Member States for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences, whenin which case Directive (EU) 2016/680 of the European Parliament and of the Council should apply.
Amendment 319 #
2017/0352(COD)
Proposal for a regulation
Recital 49
Recital 49
Amendment 326 #
2017/0352(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) The costs for the development of the interoperability components projected under the current Multiannual Financial Framework are lower than the remaining amount on the budget earmarked for Smart Bremaining amount on the budget earmarked for developing IT systems supporting the management of migration flows across the external borders in Regulation (EU) No 515/2014 of the European Parliament and the Council57. Accordingly, should be reallocated to this Regulation, pursuant to Article 5(5)(b) of Regulation (EU) No 515/2014, should reallocate the amount currently attributed for developing IT systems supporting the management of migration flows across the external borders. _________________ 57 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing as part of the Internal Security Fund, the Instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
Amendment 329 #
2017/0352(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) In order to supplement certain detailed technical aspects of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. In particular, power should be delegated to the Commission in respect of the profiles for the users of the European search portal (ESP) and the content and format of the ESP replies,the content and format of the ESP replies, the procedures to determine the cases where identity data can be considered as identical or similar, and the rules on the operation of the Central Repository for Reporting and Statistics, including specific safeguards for processing of personal data and security rules applicable to the repository. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201658 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member State experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 58 http://eur-lex.europa.eu/legal- content/EN/TXT/?uri=uriserv:OJ.L_.2016. 123.01.0001.01.ENG.
Amendment 330 #
2017/0352(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt detailed rules on: automated data quality control mechanisms, procedures and indicators; development of the UMF standard; procedures for determining cases of similarity of identities; the operation of the central repository for reporting and statistics; and cooperation procedure in case of security incidents. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council59 . _________________ 59 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 332 #
2017/0352(COD)
Proposal for a regulation
Recital 60
Recital 60
Amendment 334 #
2017/0352(COD)
Proposal for a regulation
Recital 60 a (new)
Recital 60 a (new)
(60a) This Regulation should contain clear provisions on liability and right to compensation for unlawful processing of personal data or from any other act incompatible with it, without prejudice to the right to compensation from, and liability of the controller or processor under Regulation (EU) 2016/679, Directive EU 2016/680 and Regulation EU45/2001. With regard to EU-LISA as a data processor, it should be responsible for the damage provoked, if and where it does not comply with the specific obligations of this Regulation, or where it has acted outside or contrary to lawful instructions of the Member State designated as the data controller.
Amendment 336 #
2017/0352(COD)
Proposal for a regulation
Recital 68 a (new)
Recital 68 a (new)
(68a) Article 8 (2) of the European Convention on Human Rights states that any interference with the right to respect for private life, must pursue a legitimate aim and must be both necessary and proportionate except in such cases when, in accordance with the law such an action is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Amendment 337 #
2017/0352(COD)
Proposal for a regulation
Recital 68 b (new)
Recital 68 b (new)
(68b) Article 52(1) of the Charter of Fundamental Rights states that any limitation on the exercise of rights and freedoms recognised by the Charter must be provided for by law and respect the essence of those rights and freedoms and be subject to the principle of proportionality. Limitations may be made only if they are necessary if they genuinely meet the objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.
Amendment 338 #
2017/0352(COD)
Proposal for a regulation
Recital 68 c (new)
Recital 68 c (new)
(68c) One of the core principles of data protection is data minimisation as highlighted in Article 5 (1)(c) of the GDPR1a which states that the processing of personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed _________________ 1a REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
Amendment 339 #
2017/0352(COD)
Proposal for a regulation
Recital 68 d (new)
Recital 68 d (new)
Amendment 342 #
2017/0352(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation, together with [Regulation 2018/xx on interoperability borders and visa], establishes a framework to ensure the interoperability between the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, and the Schengen Information System (SIS), and [the European Criminal Records Information System for third-country nationals (ECRIS-TCN)] in order for those systems and data to supplement each otherto be interoperable.
Amendment 347 #
2017/0352(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 357 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. By ensuring interoperability, the purpose of this Regulation shall have the following objectivesbe to support the objectives referred to respectively in Article 6 of Regulation (EU) 2017/226; Articles 2 and 3 of Regulation (EC) No 767/2008;Article 4 of Regulation (EU) 2018/xxx [ETIAS Regulation]; Article 1 of Regulation(EU) No 603/2013; Article 1 of Regulation (EU) 2018/xxx [on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation]; Article 1 of Regulation (EU) 2018/xxx [on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks]; Article 3 of Regulation (EU) 2018/xxx [on the use of the Schengen Information System for the return of illegally-staying third-country nationals], and Article 2 of [the ECRIS- TCN] Regulation; and in particular:
Amendment 358 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) to improve the management ofenhance the effectiveness and efficiency of border checks at the external borders;
Amendment 361 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) to contribute to preventing and combatingthe management of irregular migration flows;
Amendment 363 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) to facilitate the smooth entry into the Union of bona fide third-country travellers;
Amendment 370 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. Those objectives of ensuring interoperability shall be achieved by:
Amendment 372 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) ensuring the correct identification of persons;third country nationals
Amendment 375 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) contributing to fighcombatting identity fraud;
Amendment 380 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) strengthening and simplifying and making more uniform the data security and data protection conditions that govern the respective EU information systems;, without prejudice to the special protection and safeguards afforded to certain categories of data.
Amendment 385 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) streamlining thensuring the necessary and proportionate conditions for law enforcement access to the EES, the VIS, [the ETIAS] and Eurodac;
Amendment 393 #
2017/0352(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Regulation applies to persons in respect of whom personal data may be processed in the EU information systems referred to in paragraph 1 and in the Europol data referred to in paragraph 2, only for the purposes as defined in the underlying legal basis for those information systems.
Amendment 401 #
2017/0352(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 19
Article 4 – paragraph 1 – point 19
(19) ‘Europol data’ means personal data providcessed toby Europol for the purpose referred to in Article 18(2)(a) of Regulation (EU) 2016/794;
Amendment 403 #
2017/0352(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 21
Article 4 – paragraph 1 – point 21
(21) ‘match’ means the existence of an exact correspondence established by comparing two or more occurrences of personal data recorded or being recorded in an information system or database;
Amendment 404 #
2017/0352(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 25
Article 4 – paragraph 1 – point 25
(25) ‘terrorist offence’ means an offence under national law which corresponds or is equivalent to one of the offences referred to in Directive (EU) 2017/541;
Amendment 406 #
2017/0352(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 35
Article 4 – paragraph 1 – point 35
Amendment 415 #
Amendment 419 #
2017/0352(COD)
Amendment 423 #
2017/0352(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
One year after the date of entry into force of this legislation, the Commission shall conduct an ex-post evaluation which aims at assessing the impact of interoperability on the right to non-discrimination
Amendment 425 #
2017/0352(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The Commission should be empowered, through a delegated act, to task EU-LISA with the development of pop-up alerts within the system which would help end- users identify when matches have a higher risk of being false, and would thus require manual verification to ascertain if the match is correct or not.
Amendment 427 #
2017/0352(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. A European search portal (ESP) is established for the purposes of ensuring that Member State authorities and EU bodies have fast, seamless, efficient, systematic and controlled access to the EU information systems, the Europol data and the Interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of those EES, the VIS, [the ETIAS], Eurodac, the SIS, [the ECRIS- TCN system] and the Europol dataU information systems and of the SIS and with their access rights under the relevant legal basis.
Amendment 433 #
2017/0352(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) a secure communication infrastructure between the ESP and the EES, the VIS, [the ETIAS], Eurodac, the Central-SIS, [the ECRIS-TCN system], the Europol data and the Interpol databases as well as between the ESP and the central infrastructures of the common identity repository (CIR) and the multiple-identity detector.
Amendment 434 #
2017/0352(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. eu-LISA shall develop the ESP and ensure its technical management. It shall not, however, have access to any of the personal data processed through the EPS.
Amendment 437 #
2017/0352(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The use of the ESP shall be reserved to the Member State authorities and EU bodies having access to the EES, [the ETIAS], the VIS, the SIS, Eurodac and [the ECRIS-TCN system], to the CIR and the multiple-identity detector as well as the Europol data and the Interpol databases in accordance with Union or national law governing such access.
Amendment 439 #
2017/0352(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The authorities referred to in paragraph 1 shall use the ESPWhere they are required under Union law to search data related to persons or their travel documents in the central systems of Eurodac and [the ECRIS-TCN system] in accordance with their accEES, the VIS and [the ETIAS], the authoritiess rights under Union and national law. Theyeferred to in paragraph 1 shall also use the ESP to query the CIRsearch such data in accordance with their access rights under this Regulation for the purposes referred to in Articles 20, 21 and 22Union and national law.
Amendment 442 #
2017/0352(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The EU bodWhere they are so required under Union law, EU Agencies shall use the ESP to search data related to persons or their travel documents in the Central SIS.
Amendment 445 #
2017/0352(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. TWhere so required under Union or national law, the authorities referred to in paragraph 1 may use the ESP to search data related to persons or their travel documents in the Europol data in accordance with their access rights under Union and national law.
Amendment 446 #
2017/0352(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. The data owners referred in this article shall not be notified that a search has taken place.
Amendment 450 #
2017/0352(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the purpose of the use of ESP by this category of user;
Amendment 452 #
2017/0352(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. eu-LISA shall review regularly – and at least once a year after their creation - the user profiles referred to in paragraph one, and shall update and delete those profiles where necessary.
Amendment 455 #
2017/0352(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The users of the ESP shall launch a query by introducing data in the ESP in accordance with their user profile and access rights. Where a query has been launched, the ESP shall query simultaneously, with the data introduced by the user of the ESP, the EES, [the ETIAS], the VIS, the SIS, Eurodac, [the ECRIS-TCN system] and the CIR as well as the Europol databases and the Interpol databases.
Amendment 461 #
2017/0352(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The EES, [the ETIAS], the VIS, the SIS, Eurodac, [the ECRIS-TCN system], the CIR and the multiple-identity detector, as well as the Europol data and the Interpol databases, shall provide the data that they contain resulting from the query of the ESP.
Amendment 462 #
2017/0352(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. When querying the Interpol databases, the design of the ESP shall ensure that the data used by the user of the ESP to launch a query, or any other data, is not shared with the owners of Interpol data. As regards to data on individuals registered in Eurodac, it must be ensured that the database owner does not receive information on whether their databases have been queried through the ESP.
Amendment 466 #
2017/0352(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The reply to the user of the ESP shall be unique and shall contain all the data to which the user has access under Union law. Where necessary, the reply provided by the ESP shall indicate to which information system or database the data belongsThe ESP shall provide no information regarding data in information systems to which the user has no access under Union law.
Amendment 477 #
2017/0352(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. To that end, access to those logs shall be granted as appropriate to the data controllers identified pursuant to Article 40, to national supervisory authorities designated pursuant to Article 51 of Regulation (EU) 2016/679 and Article 41 of Directive (EU) 2016/680, and to the European Data Protection Supervisor. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun.
Amendment 480 #
2017/0352(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the ESP, the users of the ESP shall be notified by eu- LISA.
Amendment 484 #
2017/0352(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the national infrastructure in a Member State, that Member State's competent authority shall notify eu-LISA and the Commission.
Amendment 488 #
2017/0352(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. In both scenarios, and until the technical failure is addressed, the obligation referred to in Article 7(2) and (4) shall not apply and Member States may access the information systems referred to in Article 9(1) or the CIR directly using their respective national uniform interfaces or national communication infrastructures.
Amendment 492 #
2017/0352(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A shared biometric matching service (shared BMS) storing biometric templates andhall be established to enablinge querying with biometric data across several EU information systems is established for the purposes of supporting the CIR, the SIS, and the multiple-identity detector and to support the objectives of the EES, the VIS, Eurodac, the SIS and [the ECRIS- TCN system].
Amendment 495 #
2017/0352(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) a central infrastructure, including a search engine and the storage of the data referred to in Article 13;
Amendment 498 #
2017/0352(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) a secure communication infrastructure between the shared BMS, Central-SIS, the EES, the VIS, EURODAC and [the CIRECRIS-TCN system].
Amendment 500 #
2017/0352(COD)
3. eu-LISA shall develop the shared BMS and ensure its technical management. It shall not, however, have access to any of the personal data processed through the shared BMS.
Amendment 501 #
2017/0352(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 519 #
2017/0352(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
In order to search the biometric data stored within the CIR andEES, the SVIS, the CIR and the SIEURODAC, [the ECRIS-TCN system] and the SIS, the shared BMS shall uscompare the biometric templatesdata stored in the shared BMSunderlying systems for a match. Queries with biometric data shall take place in accordance with the purposes provided for in this Regulation and in the EES Regulation, the VIS Regulation, the Eurodac Regulation, the [SIS Regulations] and [the ECRIS-TCN Regulation].
Amendment 522 #
2017/0352(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 531 #
2017/0352(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. To that end, access to those logs shall be granted as appropriate to the data controllers identified pursuant to Article 40, to national supervisory authorities designated pursuant to Article 51 of Regulation (EU) 2016/679 and Article 41 of Directive (EU) 2016/680, and to the European Data Protection Supervisor. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs referred to in paragraph 1(a) shall be erased once the data is erased.
Amendment 534 #
2017/0352(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 540 #
2017/0352(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 547 #
2017/0352(COD)
Proposal for a regulation
Article 19
Article 19
Adding, amending and deleting data in the common identity repository 1. deleted in Eurodac or [the ECRIS-TCN system], the data referred to in Article 18 stored in the individual file of the CIR shall be added, amended or deleted accordingly in an automated manner. 2. Where the multiple-identity detector creates a white or red link in accordance with Articles 32 and 33 between the data of two or more of the EU information systems constituting the CIR, instead of creating a new individual file, the CIR shall add the new data to the individual file of the linked data.rticle 19 deleted Where data is added, amended or
Amendment 551 #
2017/0352(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
20 Access to the common identity repositoryUse of the ESP and shared BMS for identification
Amendment 552 #
2017/0352(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where a Member State police authority is unable to identify a person on the basis of his/her travel document, or of another credible document proving his/her identity, or with the identity data provided by that person in accordance with rules and procedures laid down in national law, and where a Member State police authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, in the presence of that person, and solely for the purpose of identifying athat person, query the CIR with theESP or the shared BMS with the biographical or biometric data of that person taken during anthe identity check.
Amendment 556 #
2017/0352(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
Where the query indicates that data on that person is stored in the CIREU information systems or the SIS, the Member States police authority shall have access to consult the following data: (a) the data referred to in [Article 18(1)6(1)(a) to (d) and Article 17(1)(a) to (c) of the EES Regulation]; (b) the data referred to in Article 9(4)(a) to (c), (5)and (6) of Regulation (EC) No767/2008; and (c) [the data referred to in Article 15(2)(a) to (e) of the ETIAS Regulation].
Amendment 558 #
2017/0352(COD)
Amendment 563 #
2017/0352(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member States wishing to avail themselves of the possibility provided for in this Article shall adopt national legislative measures. Such legislative measures shall specify the precise purposes of identity checks within the purposes referred to in Article 2(1)(b) and (c). TWithout prejudice to the first subparagraph of paragraph 1, they shall designate the police authorities competent and lay down the procedures, conditions and criteria ofor such checks.
Amendment 567 #
2017/0352(COD)
Proposal for a regulation
Article 21 – title
Article 21 – title
21 Access to the common identity repositoryEU information systems for the detection of multiple identities
Amendment 568 #
2017/0352(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where a query of the CIRcarried out in accordance with Article 20 results in a yellow link in accordance with Article 28(4), the authority responsible for the verification of different identities determined in accordance with Article 29 shall have access, solely for the purpose of that verification, to the identity data stored in the CIR belonging to the various information systems connected to athat yellow link.
Amendment 569 #
2017/0352(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Where a query of the CIRcarried out in accordance with Article 20 results in a red link in accordance with Article 32, the authorities referred to in Article 26(2) shall have access, solely for the purposes of fighting identity fraud, to the identity data stored in the CIR belonging to the various information systems connected to a red link.
Amendment 572 #
2017/0352(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
22 Querying the common identity repositoryEU information systems for law enforcement purposes
Amendment 573 #
2017/0352(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. For the purposes ofWhere there are reasonable grounds to believe that consultation of EU information systems will substantially contribute to the preventiong, detecting andon or investigatingon of the terrorist offences or other serious criminal offences, in a specific case and in order particular where there is a substantiated suspicion that the suspect, perpetrator obtain information on whether data on a specific person is present in Eurodacr victim of a terrorist offence or other serious criminal offence falls under the category of third country nationals whose data are stored in [the EES], the VIS, [the ETIAS] or the Eurodac system, and where a prior search in national databases has been carried out and a query of the automated fingerprint identification system of the other Member States under Decision 2008/615/JHA has been launched, the Member States designated authorities and Europol may consult the CIR. use the ESP and the shared BMS in order to obtain information on whether data on a specific person is present in the EES, the VIS and [the ETIAS]
Amendment 575 #
2017/0352(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. The central access points established in Article 50(2) [ETIAS Regulation], Article29(3) of Regulation (EU) 2017/2226 and Article 3(2) of Regulation 767/2008 shall monitor the use made of the possibility provided for in paragraph 1. For that purpose, regular ex-post evaluations of this possibility shall be made and used for self-monitoring as referred to in Article 45. The central access points shall transmit a report to the supervisory authorities referred to in Article 49 every two years on the use made of this provision.
Amendment 577 #
2017/0352(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Member State designated authorities and Europol shall not be entitled to consult data belonging to [the ECRIS-TCN] when consultusing the CIRESP or shared BMS for the purposes listed in paragraph 1.
Amendment 578 #
2017/0352(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where, in reply to a query the CIRESP or the shared BMS indicates that data on that person is present in the Eurodac, the CIRESP or shared BMS shall provide to Member States' designated authorities andor to Europol a reply in the form of a reference indicating which of the information systems contains matching data referred to in the second subparagraph of Article 18(220(1). The CIRESP or shared BMS shall reply in such a way that the security of the data is not compromised. The reply indicating that data on a subject is present in any system may be used only for the purpose of submitting an access request, subject to the conditions and procedures laid down in the respective legislative instruments governing such access.
Amendment 582 #
2017/0352(COD)
Proposal for a regulation
Article 23
Article 23
Amendment 585 #
Amendment 599 #
2017/0352(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A multiple-identity detector (MID) is established to creatinge and storinge links between data in the EU information systems included in the common identity repository (CIR) and the SIS, and as a consequence to detecting multiple identities, with the dual purpose ofin order to facilitatinge identity checks and combating identity fraud, is established for the purpose ofand thus in order to supporting the functioning of the CIR and the objectives of the EES, the VIS, the ETIAS], Eurodac, the SIS and [the ECRIS-TCN system].
Amendment 601 #
2017/0352(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) a secure communication infrastructure to connect the MID with the SIS and the central infrastructures of the European search portal and the CIR.EES, [the ETIAS], the VIS, Eurodac and [the ECRIS-TCN system
Amendment 602 #
2017/0352(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. eu-LISA shall develop the MID and ensure its technical management. It shall not, however, have access to any of the personal data processed through the MID.
Amendment 607 #
2017/0352(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point e
Article 26 – paragraph 1 – point e
(e) the SIRENE Bureaux of the Member State creating or updating a [Regulation on SIS in the field of law enforcement or Regulation on SIS in the field of illegal return];
Amendment 608 #
2017/0352(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member State authorities and EU bodies having access to at least one EU information system included in the common identity repository or to the SIS shall have access to the data referred to in Article 34(a) and (b) regarding any red links as referred to in Article 32, only indicating a reference to the information systems to which Member States authorities and EU agencies have access respective of the access rights under Union and national law.
Amendment 611 #
2017/0352(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. A multiple-identity detection in the common identity repository and theEU information systems and SIS shall be launched where:
Amendment 612 #
2017/0352(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
Article 27 – paragraph 1 – point e a (new)
(ea) The multiple-identity detection using the data referred to in paragraph 1(c) shall be launched only where an application file in ETIAS can be verified against an individual file in the EES.
Amendment 613 #
2017/0352(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where the data contained within an information system as referred to in paragraph 1 contains biometric data, the common identity repository (CIR)at information system and the Central-SIS shall use the shared biometric matching service (shared BMS) in order to perform the multiple-identity detection. The shared BMS shall compare the new biometric templatesdata obtained from any new biometric data to thethe relevant information system against any biometric templatesdata already contained in the shared BMSother information systems in order to verify whether or not data belonging to the same third-country national is already stored in the CIR or in the Central SISanother information system.
Amendment 615 #
2017/0352(COD)
Proposal for a regulation
Article 27 – paragraph 3 – introductory part
Article 27 – paragraph 3 – introductory part
3. In addition to the process referred to in paragraph 2, the CIRinformation system and the Central- SIS shall use the European search portal to search the data stored in the CIRall the EU information systems and the Central-SIS using the following data:
Amendment 619 #
2017/0352(COD)
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1
Article 28 – paragraph 2 – subparagraph 1
Where the query laid down in Article 27(2) and (3) reports one or several hit(s), the common identity repository andEU information systems concerned including, where relevant, the SIS shall create a link between the data used to launch the query and the data triggering the hit.
Amendment 620 #
2017/0352(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The Commission shall lay down the procedures to determine the cases where identity data can be considered as identical or similar in implementingdelegated acts. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 64(2)Article 63. Such acts must be designed in a manner that ensures the protection of persons with multiple lawful identities against discrimination.
Amendment 625 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point e
Article 29 – paragraph 1 – subparagraph 1 – point e
(e) the SIRENE Bureaux of the Member State for hits that occurred when creating or updating a SIS alert in accordance with the [Regulations on SIS in the field of law enforcement and on SIS in the field of illegal return];
Amendment 626 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
The multiple-identity detector shall indicate the authority responsible for the verification of different identities in the identity verification file. The authority adding the last data that triggered the link as referred to in Article 30, shall be responsible for the verification of the different identities. In the absence of access rights to be informed of such a link, a competent authority of the Member State having added the last data triggering the link and having access rights to the link data will be informed in an automatic manner as to undertake verification of the different identities in the identity verification confirmation file.
Amendment 627 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2 a (new)
Article 29 – paragraph 1 – subparagraph 2 a (new)
The authority responsible shall verify the identity as soon as possible and, in any event, within eight hours. If verification proves impossible, the border authorities shall carry out the verification when the person concerned next enters or exits an external border.
Amendment 632 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Without prejudice to paragraph 4, the authority responsible for verification of different identities shall have access to the related data contained in the relevant identity confirmation file and to the identity data linked in the common identity repositoryrelevant information systems and, where relevant, in the SIS, and shall assess the different identities and shall update the link in accordance with Articles 31, 32 and 33 and add it to the identity confirmation file without delay.
Amendment 634 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4a. The verification of different identities shall, as a rule, take place in the presence of the person concerned who should be offered the opportunity to explain the circumstances to the authority responsible, which should take those explanations into account.
Amendment 635 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. Where more than one link is obtained, the authority responsible for the verification of different identities shall assess each link separately. The authority responsible must ensure that the data subject is given the possibility to explain plausible reasons why there may be contradicting information within the different IT systems.
Amendment 636 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6a. The authority responsible for the manual verification of multiple identities must also assess whether there are plausible arguments presented by the third country national when deciding on the colour of the links. Such assessment should be performed, where possible, in the presence of the third-country national and, where necessary, by requesting additional clarifications or information. Such assessment should be performed without delay, in line with legal requirements for the accuracy of information under Union and national law.
Amendment 639 #
2017/0352(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) the linked data has different identity data, there is no biometric data to compare, and no manual verification of different identity has taken place.
Amendment 643 #
2017/0352(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Where the common identity repository (CIR) or the SISrelevant information systems are queried and where a green link exists between two or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall indicate that the identity data of the linked data does not correspond to the same person. The queried information system shall reply indicating only the data of the person whose data was used for the query, without triggering a hit against the data that is subject to the green link.
Amendment 647 #
2017/0352(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point a
Article 32 – paragraph 1 – point a
(a) the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner;
Amendment 648 #
2017/0352(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point b
Article 32 – paragraph 1 – point b
(b) the linked data has similar identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner.
Amendment 650 #
2017/0352(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the CIR or the SIS are queried and where a red link exists between two or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall reply indicating the data referred to in Article 34. Follow-up to a red link shall take place in accordance with Union and national law. , only indicating a reference to the information systems to which Member State authorities and EU agencies have access respective of the access rights under Union and national law. Follow-up to a red link shall take place in accordance with Union and national law, basing any legal consequence for the person only on the relevant data on that person and not on the red link itself. No legal consequence for the person or persons concerned shall derive solely from the existence of a red link.
Amendment 651 #
2017/0352(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 652 #
2017/0352(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
Amendment 656 #
2017/0352(COD)
Proposal for a regulation
Article 32 – paragraph 5 a (new)
Article 32 – paragraph 5 a (new)
5a. Where a Member State authority or EU body with access to one of the EU information systems or the SIS obtains evidence showing that a red link recorded in the MID is inaccurate or that the data processed in the MID, the relevant EU information systems and the SIS were processed in breach of this Regulation, that authority shall, where the link relates to EU information systems either rectify or erase the link from the MID immediately, or where the link relates to the SIS, inform the relevant SIRENE Bureau of the Member State that created the SIS alert immediately. That SIRENE Bureau shall verify the evidence provided by the Member State authority and rectify or erase the link from the MID immediately thereafter.
Amendment 661 #
2017/0352(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Where the CIR or the SISinformation systems are queried and where a white link exists between one or more of those information systems constituting the CIR or with the SIS, the multiple-identity detector shall indicate that the identity data of the linked data correspond to the same person. The queried information systems shall reply indicating, where relevant, all the linked data on the person, hence triggering a hit against the data that is subject to the white link, if the authority launching the query has access to the linked data under Union or national law.
Amendment 662 #
2017/0352(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
Amendment 663 #
2017/0352(COD)
Proposal for a regulation
Article 33 – paragraph 4 a (new)
Article 33 – paragraph 4 a (new)
4a. If a Member State authority has evidence to suggest that a red link/ white link recorded in the MID is factually inaccurate or not up-to-date or that data were processed in the MID, the EU information systems or the SIS in breach of this Regulation, it shall check the relevant data stored in the EU information systems and SIS and shall, if necessary, rectify or erase the link from the MID without delay. That Member State authority shall inform the Member State responsible for the manual verification without delay.
Amendment 669 #
2017/0352(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
The identity confirmation files and its data, including the links, shall be stored in the multiple-identity detector (MID) only for as long as the linked data is stored in two or more EU information systems. Once this condition is no longer met, the identity confirmation files and their data, including all related links, shall be deleted automatically.
Amendment 675 #
2017/0352(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The logs may be used only for data protection monitoring, including checking the admissibility of a request and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. To that end, access to those logs shall be granted as appropriate to the data controllers identified pursuant to Article 40, to national supervisory authorities designated pursuant to Article 51 of Regulation (EU) 2016/679 and Article 41 of Directive (EU) 2016/680, and to the European Data Protection Supervisor. The logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased.
Amendment 676 #
2017/0352(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. eu-LISA shall establish as soon as possible automated data quality control mechanisms and procedures on the data stored in the SIEES, Eurodacthe [ETIAS], [the ECRIS-TCN system], the shared biometric matching service (shared BMS), the common identity repository (CIR) and the multiple-identity detector (MID)VIS and the SIS, and the multiple-identity detector (MID). Those automated data quality control mechanisms should be adequately tested prior to the start of operations of the interoperability components in accordance with Article 62.
Amendment 681 #
2017/0352(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. eu-LISA shall establish common data quality indicators and the minimum quality standards to store data in the SIS, Eurodac, [the ECRIS-TCN system], the shared BMS, the CIR and the MID.
Amendment 686 #
2017/0352(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The details of the automated data quality control mechanisms and procedures and the common data quality indicators and the minimum quality standards to store data in the SIS, Eurodac, [the ECRIS-TCN system], the shared BMS, the CIR and the MID, in particular regarding biometric data, shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2).
Amendment 687 #
2017/0352(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. One year after the establishment of the automated data quality control mechanisms and procedures and common data quality indicators and every year thereafter, the Commission shall evaluate Member State implementation of data quality and in particular, data quality issues deriving from erroneous historical data in existing EU information systems and in the SIS. The Commission shall make any necessary recommendations. The Member States shall provide the Commission with an action plan to remedy any deficiencies identified in the evaluation report and shall report on any progress against this action plan until it is fully implemented. The Commission shall transmit the evaluation report to the European Parliament, to the Council, to the European Data Protection Supervisor and to the European Union Agency for Fundamental Rights established by Council Regulation (EC) No 168/2007.63 _________________ 63 Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).
Amendment 690 #
2017/0352(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The UMF standard shall be used in the development of the [Eurodac], the [ECRIS-TCN system], the European search portal, the CIR, the MID and, if appropriate, in the development by eu- LISA or any other EU body of new information exchange models and information systems in the area of Justice and Home Affairs.
Amendment 691 #
2017/0352(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
Amendment 699 #
2017/0352(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. eu-LISA shall render the data anonymous, by ensuring that the data is non-identifiable, and shall record such anonymous data in the CRRS. The process for rendering the data anonymous shall be automated.
Amendment 701 #
2017/0352(COD)
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. The Commission shall lay down detailed rules on the operation of the CRRS, including specific safeguards for processing of personal data referred to under paragraph 2 and 3 and security rules applicable to the repository by means of implementinga delegated acts. Those implementingat delegated acts shall be adopted in accordance with the examination procedure referred to in Article 64(2)3.
Amendment 703 #
2017/0352(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. In relation to the processing of data in the shared biometric matching service (shared BMS), the Member State authorities that are controllers for the Eurodac, SIS and [the ECRIS-TCN system]VIS, EES, and SIS respectively, shall also be considered as controllers in accordance with Article 4(7) of Regulation (EU) 2016/679 in relation to the biometric templates obtained from the data referred to in Article 13 that they enter into respective systems and shall have responsibility for the processing of the biometric templates in the shared BMSprocessing of biometric data that they enter into respective systems. In relation to information security management of the shared BMS, eu-LISA shall be considered a controller.
Amendment 705 #
2017/0352(COD)
Amendment 708 #
2017/0352(COD)
Proposal for a regulation
Article 40 – paragraph 3 – point a
Article 40 – paragraph 3 – point a
(a) the European Border and Coast Guard Agency shall be considered a data controller in accordance with Article 2(b) of Regulation No 45/2001 in relation to processing of personal data by the ETIAS Central Unit. In relation to information security management of the ETIAS Central System, eu-LISA shall be considered a controller;
Amendment 709 #
2017/0352(COD)
Proposal for a regulation
Article 40 – paragraph 3 – point b
Article 40 – paragraph 3 – point b
(b) the Member State authorities adding or modifying the data in the identity confirmation file are also to be considered as controllers in accordance with Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of the personal data in the multiple-identity detector. In relation to information security management of the multiple- identity detector, eu-LISA shall be considered a controller;
Amendment 712 #
2017/0352(COD)
Proposal for a regulation
Article 41
Article 41
Amendment 714 #
2017/0352(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Both eu-LISA and the Member State authorities shall ensure the security of the processing of personal data that takes place pursuant to the application of this Regulation. eu-LISA shall be responsible for the central systems and Member State authorities shall be responsible for the security at the end-points controlling access to the systems, [the ETIAS Central Unit] and the Member State authorities shall cooperate on security-related tasks.
Amendment 715 #
2017/0352(COD)
Proposal for a regulation
Article 42 – paragraph 3 – point i
Article 42 – paragraph 3 – point i
(i) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation and to assess those security measures in the light of new technological developments.
Amendment 722 #
2017/0352(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679, Article 30 of Directive (EU) 2016/680, or both, Member States shall notify the Commission, eu- LISA, the national supervisory authority and the European Data Protection Supervisor of security incidents. In the event of a security incident in relation to the central infrastructure of the interoperability components, eu-LISA shall notify the Commission and the European Data Protection Supervisor.
Amendment 731 #
Amendment 732 #
2017/0352(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Without prejudice to the right tof information referred to in Articles 11 and 12 of Regulation (EC) 45/2001 and, Articles 13 and 14 of Regulation (EU) 2016/679, persons whose data are stored in the shared biometric matching service, the common identity repository orand Article 13 of Directive 2016/680, persons whose data are stored in the one of the EU information systems, the SIS, or in the multiple-identity detector shall be informed by the authority collecting their data, at the time their data are collected, about the processing of personal data for the purposes of this Regulation, including about identity and contact details of the respective data controllers, and about the procedures for exercising their rights of access, rectification and erasure, as well as aboutlaid down in Article 47, about their right to lodge a complaint with the supervisory authority, the purpose of the data processing, the data retention period, the fact that personal data may be accessed by law enforcement authorities, and the contact details of the European Data Protection Supervisor and of the national supervisory authority of the Member State responsible for the collection of the data.
Amendment 737 #
2017/0352(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1a. All information must be provided to data subjects in a manner and language which they understand, or are reasonably expected to understand. This must include providing information in an age- appropriate manner for data subjects who are minors.
Amendment 746 #
2017/0352(COD)
Proposal for a regulation
Article 47 – title
Article 47 – title
47 Right of access, correction and erasure - Web Service
Amendment 747 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. In order to exercise their rights under Articles 13, 14, 15 and 16 of Regulation (EC) 45/2001 and, Articles 15, 16, 17 and 18 of Regulation (EU) 2016/679, and Articles 14 and 16 of Directive (EU)2016/680, any person shall have the right to address him or herself to the Member State responsible for the manual verification of different identities or of any Member State, who shall examine and reply to the request.
Amendment 751 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 1 a (new)
Article 47 – paragraph 1 a (new)
1a. Without prejudice to paragraph 1, and in order to facilitate and better enable the effective exercise of the rights of data subjects as described in paragraph 1 to access, rectify, erase or restrict the processing of their personal data under interoperability components, in particular for those third country nationals who may be outside the territory of the Member States, eu-LISA shall establish a web service, hosted in its technical site, which shall enable data subjects to make a request for access, correction, erasure or rectification of their personal data. The web service shall act as a single point of contact for those third country nationals outside the territory of the Member States. On the basis of such a request, the web service shall immediately transmit the request to the Member State responsible for manual verification of different identities in accordance with Article 29, or, where appropriate, to the Member State responsible for the entry of the data in the underlying information system which is the subject of the request.
Amendment 752 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 1 b (new)
Article 47 – paragraph 1 b (new)
1b. The Commission shall adopt implementing acts concerning the detailed rules on the conditions for the operation of the web service and the data protection and security rules applicable. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64.
Amendment 753 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The Member State responsible for the manual verification of different identities as referred to in Article 29 or the Member State to which the request has been made, either directly from the data subject in accordance with paragraph 1 or via the web service established by eu- LISA in accordance with paragraph 2, shall reply to such requests at the latest within 145 days of receipt of the request.
Amendment 756 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. If a request for correction or erasure of personal data is made to a Member State other than the Member State responsible, the Member State to which the request has been made shall contact the authorities of the Member State responsible within seven days and the Member State responsible shall check the accuracy of the data and the lawfulness of the data processing within 3014 days of such contact. The person concerned shall be informed by the Member State which contacted the authority of the Member State responsible that his or her request was forwarded about the further procedure.
Amendment 761 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Where, following an examination, it is found that the data stored in the multiple-identity detector (MID) are factually inaccurate or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall correct or delete these data. The person concerned shall be informed that his or her data was corrected or deleted.
Amendment 768 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. Where data in the MID is amended by the responsible Member State during its validity period, the responsible Member State shall carry out the processing laid down in Article 27 and, where relevant, Article 29 to determine whether the amended data shall be linked. Where the processing does not report any hit, the responsible Member State or, where applicable, the Member State to which the request has been made shall delete the data from the identity confirmation file. Where the automated processing reports one or several hit(s), the responsible Member State shall create or update the relevant link in accordance with the relevant provisions of this Regulation. The person concerned shall be informed of these additional links accordingly.
Amendment 772 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 7
Article 47 – paragraph 7
7. This decision shall also provide the person concerned with information explaining the possibility to challenge the decision taken in respect of the request referred in paragraph 3s 1 or 2 and, where relevant, information on how to bring an action or a complaint before the competent authorities or courts, and any assistance, including from the competent national supervisory authorities.
Amendment 773 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 8
Article 47 – paragraph 8
8. Any request made pursuant to paragraph 3s 1 or 2 shall contain the necessary information to identify the person concerned. That information shall be used exclusively to enable the exercise of the rights referred to in paragraph 31 and shall be erased immediately afterwards.
Amendment 774 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 9
Article 47 – paragraph 9
9. The responsible Member State or, where applicable, the Member State to which the request has been made shall keep a record in the form of a written document that a request referred to in paragraph 3s 1 or 2 was made and how it was addressed, and shall make that document available to competent data protection national supervisory authorities without delay.
Amendment 775 #
2017/0352(COD)
Proposal for a regulation
Article 47 a (new)
Article 47 a (new)
Article 47a Liability Without prejudice to the right to compensation from, and liability under Regulation (EU) 2016/679, Directive (EU) 2016/680 and Regulation (EC) No 45/2001: (a) any person who has suffered material or non-material damage as a result of an unlawful personal data processing operation through the use of interoperability components or any other act by a Member State which is incompatible with this Regulation shall be entitled to receive compensation from that Member State; (b) any person who has suffered material or non-material damage as a result of an unlawful personal data processing operation through the use of interoperability components or any other act by Europol or by the European Border and Coast Guard Agency which is incompatible with this Regulation shall be entitled to receive compensation from Europol or the European Border and Coast Guard as appropriate. The Member State, Europol or the European Border and Coast Guard Agency shall be exempted from liability, in whole or in part, if they prove that they are not responsible for the event which gave rise to the damage.
Amendment 776 #
2017/0352(COD)
Proposal for a regulation
Article 47 b (new)
Article 47 b (new)
Article 47b Penalties Member States shall ensure that any misuse of data, processing of data or exchange of data contrary to this Regulation is punishable in accordance with national law. The penalties provided shall be effective, proportionate and dissuasive and shall include the possibility for administrative and criminal penalties. Europol and the European Border and Coast Guard Agency shall ensure that members of their staff or members of their teams who misuse, process or exchange data contrary to this Regulation are subject to penalties. Those penalties shall be effective, proportionate and dissuasive.
Amendment 779 #
2017/0352(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
Personal data stored in, processed or accessed by the interoperability components shall not be transferred or made available to any third country, to any international organisation or to any private party.
Amendment 782 #
2017/0352(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. The supervisory authority or authorities designated pursuant to Article 4951 of Regulation (EU) 2016/679 and Article 41 of Directive(EU) 2016/680 shall ensure that an audit of the data processing operations by the responsible national authorities is carried out in accordance with relevant international auditing standards at least every four years.
Amendment 785 #
2017/0352(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
1 a. Member States shall ensure that their supervisory authorities designated pursuant to Article 51 of Regulation 2016/679 and Article 41 of Directive 2016/680 monitor the lawfulness of the processing of personal data under this Regulation carried out by Member States’ relevant auhtorities.
Amendment 789 #
2017/0352(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Member States shall ensure that their supervisory authority has sufficient resourcesadditional resources, including both human and financial resources, to fulfil the tasks entrusted to it under this Regulation.
Amendment 791 #
2017/0352(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
The European Data Protection Supervisor shall ensure that an audit of eu-LISA’s personal data processing activities is carried out in accordance with relevant international auditing standards at least every four years. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission and the Member States. eu-LISA shall be given an opportunity to make comments before the reports are adopted. The EU Budgetary Authority shall ensure that the European Data Protection Supervisor has sufficient additional resources, including both human and financial resources, to fulfil the tasks entrusted toit under this Regulation.
Amendment 799 #
2017/0352(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. eu-LISA shall ensure that the central infrastructures of the interoperability components are operated in accordance with this Regulation. In that respect, eu-LISA shall follow the principles of data protection by design and by default.
Amendment 801 #
2017/0352(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
eu-LISA shall be responsible for the development of the interoperability components, for any adaptations required for establishing interoperability between the central systems of the EES, VIS, [ETIAS], SIS, and Eurodac, and [the ECRIS-TCN system], and the European search portal, the shared biometric matching service, the common identity repository and the multiple-identity detector.
Amendment 802 #
2017/0352(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 4
Article 52 – paragraph 3 – subparagraph 4
The development shall consist of the elaboration and implementation of the technical specifications, testing and overall project coordination. In that regard, the tasks of eu-LISA shall also be: (a) perform a security risk assessment; (b) follow the principles of privacy by design and by default during the entire lifecycle of the development of the interoperability components and; (c) conduct a security risk assessment regarding the interoperability of EU information systems, interoperability components, Europol data and Interpol databases
Amendment 806 #
2017/0352(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 2 a (new)
Article 53 – paragraph 1 – subparagraph 2 a (new)
Eu.LISA shall perform regular information security risk assessments for the interoperability components, implement a comprehensive information security risk management process and follow the principles of privacy by design and by default during the entire lifecycle of those interoperability components.
Amendment 808 #
2017/0352(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
Amendment 810 #
2017/0352(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a
Article 54 – paragraph 1 – point a
(a) the connection to the communication infrastructure of the European search portal (ESP) and the common identity repository (CIR);
Amendment 813 #
2017/0352(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b
Article 54 – paragraph 1 – point b
(b) the integration of the existing national systems and infrastructures with the ESP, shared biometric matching service, the CIR and the multiple-identity detector;
Amendment 815 #
2017/0352(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point d
Article 54 – paragraph 1 – point d
(d) the management of, and arrangements for, access by the duly authorised staff, and by the duly empowered staff, of the competent national authorities to the ESP, the CIR and the multiple- identity detector in accordance with this Regulation and the creation and regular update of a list of those staff and their profiles;
Amendment 817 #
2017/0352(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point e
Article 54 – paragraph 1 – point e
(e) the adoption of the legislative measures referred to in Article 20(3) in order to access the CIREU information systems for identification purposes;
Amendment 821 #
2017/0352(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 822 #
2017/0352(COD)
Proposal for a regulation
Article 54a – paragraph 2
Article 54a – paragraph 2
2. Europol shall be responsible for the management of, and arrangements for, its duly authorised staff to use and access respectively the ESP and the CIR in accordance with this Regulation and the creation and regular update of a list of those staff and their profiles.
Amendment 857 #
2017/0352(COD)
Proposal for a regulation
Article 56 – paragraph 1 – introductory part
Article 56 – paragraph 1 – introductory part
1. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the European search portal (ESP), solely for the purposes of reporting and statistics without enabling individual identification:
Amendment 860 #
2017/0352(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
Amendment 865 #
2017/0352(COD)
Proposal for a regulation
Article 56 – paragraph 3 – introductory part
Article 56 – paragraph 3 – introductory part
3. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the multiple- identity detector, solely for the purposes of reporting and statistics without enabling individual identification:
Amendment 870 #
2017/0352(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
5. For the purpose of paragraph 1 of this Article, eu-LISA shall store the data referred to in paragraph 1 of this Article in the central repository for reporting and statistics referred to in Chapter VII of this Regulation. The data included in the repository shall not enablebe anonymised and shall not be such as to allow for the identification of individuals, but it shall allow the authorities listed in paragraph 1 of this Article to obtain customisable reports and statistics to enhance the efficiency of border checks, to help authorities processing visa applications and to support evidence-based policymaking on migration and security in the Union.
Amendment 875 #
2017/0352(COD)
Proposal for a regulation
Article 58 – title
Article 58 – title
58 Transitional period applicable to the provisions on access to the common identity repositoryESP or shared BMS for law enforcement purposes
Amendment 883 #
2017/0352(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. The costs incurred in connection with the establishment and operation of the ESP, the shared biometric matching service, the common identity repository (CIR) and the MID shall be borne by the general budget of the Union.
Amendment 885 #
2017/0352(COD)
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
3. The costs incurred by the designated authorities referred to in Article 4(24) shall be borne, respectively, by each Member State and Europol. The costs for the connection of the designated authorities to the CIR shall be borne by each Member State and Europol, respectively.
Amendment 890 #
2017/0352(COD)
Proposal for a regulation
Article 62 – paragraph 1 – point c
Article 62 – paragraph 1 – point c
(c) eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Articles 8(1), 13, 19, 34 and 39 and have notified them to the Commission;
Amendment 894 #
2017/0352(COD)
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 8(2), 9(7), 28(5) and 39(75) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Regulation].
Amendment 897 #
2017/0352(COD)
Proposal for a regulation
Article 63 – paragraph 3
Article 63 – paragraph 3
3. The delegation of power referred to in Articles 8(2), 9(7), 28(5) and 39(75) 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 the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 898 #
2017/0352(COD)
Proposal for a regulation
Article 63 – paragraph 6
Article 63 – paragraph 6
6. A delegated act adopted pursuant to Articles 8(2), 9(7), 28(5) and 39(75) 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 of the Council.
Amendment 905 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. By [Six months after the entry into force of this Regulation — OPOCE, please replace with the actual date] and every six months thereafter during the development phase of the interoperability components, eu-LISA shall submit a report to the European Parliament and the Council, the Council, and the European Data Protection Supervisor, on the state of play of the development of the interoperability components. Once the development is finalised, a report shall be submitted to the European Parliament and the Council explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.
Amendment 910 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 3
Article 68 – paragraph 3
3. For the purposes of technical maintenance, eu-LISA shall have access to the necessary information relating to the data processing operations performed in the interoperability components without having access to any personal data processed by those components.
Amendment 921 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 8 – subparagraph 1 – introductory part
Article 68 – paragraph 8 – subparagraph 1 – introductory part
While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare annual reports on the effectiveness of access to data stored in the common identity repositoryEU information systems and the SIS for law enforcement purposes, containing information and statistics on:
Amendment 199 #
2017/0351(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In its Resolution of 6 July 2016 on the strategic priorities for the Commission Work Programme 201747 , the European Parliament called for proposals to improve and develop existing EU information systems, address information gaps and move towards their interoperability, as well as proposals for compulsory information sharing at EU level, accompanied by the necessary data protection safeguards. Such safeguards should include the prevention of unauthorized access and sharing of data with unauthorized authorities, logging access and usage by authorized users, the implementation of minimum quality standards, ensuring the right to effective remedy and the practical possibility to rebut false assumptions and inaccurate data held by the relevant authorities. _________________ 47 European Parliament resolution of 6 July 2016 on the strategic priorities for the Commission Work Programme 2017 (2016/2773(RSP).
Amendment 201 #
2017/0351(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
Amendment 202 #
2017/0351(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) In its Opinion of 11 April 2018,2a the Article 29 Data Protection Working Party reiterated that the process towards interoperability of systems raises fundamental questions regarding the purpose, necessity, proportionality of the data processing as well as concerns regarding the principles of purpose limitation, data minimization, data retention and clear identification of a data controller. _________________ 2a http://ec.europa.eu/newsroom/article29/do cument.cfm?action=display&doc_id=5151 7
Amendment 205 #
2017/0351(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) With a view to improve the management of the external borders, to facilitating regular border crossings, to contribute to preventing and combating irregular migration, and to contribute to a high level of security withassist in the aprea of freedom, security and justice of the Union, including the maintenance of public security and public policy and safeguarding the security in thevention, detection and investigation of territoriest of the Member Statfences or other serious criminal offences, interoperability between EU information systems, namely [the Entry/Exit System (EES)], the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, the Schengen Information System (SIS), and the [European Criminal Records Information System for third-country nationals (ECRIS-TCN)] should be established in sorder foar these EU information systems and their data to supplement each otheras that is possible while respecting the fundamental rights of the individual, in particular, the right to protection of personal data. To achieve this, a European search portal (ESP), a shared biometric matching service (shared BMS), a common identity repository (CIR) and a multiple-identity detector (MID) should be established as interoperability components.
Amendment 207 #
2017/0351(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The interoperability between the EU information systems should allow said systems to supplement each communicate with one another in order to facilitate the correct identification of persons, at external borders, for the purpose of applications of international protection, or in the context of the prevention, detection and investigation of serious criminal offences - including terrorist offences, to contribute to fighting identity fraud, to improve and harmonise data quality requirements of the respective EU information systems, to facilitate the technical and operational implementation by Member States of existing and future EU information systems, to strengthen and simplify the data security and data protection safeguards that govern the respective EU information systems, in particular by ensuring that all Union data protection rules are applicable to all the information systems, and to streamline the law enforcement access to the EES, the VIS, the [ETIAS] and Eurodac, and support the purposes of the EES, the VIS, the [ETIAS], Eurodac, the SIS and the [ECRIS-TCN system].
Amendment 211 #
2017/0351(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The interoperability components should cover the EES, the VIS, the [ETIAS], Eurodac, the SIS, and the [ECRIS-TCN system]. They should also cover the Europol data only to the extent of enabling ithat data to be queried simultaneously with these EU information systems.
Amendment 213 #
2017/0351(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The interoperability components should concern persons in respect of whom personal data may be processed in the EU information systems and by Europol, namely third-country nationals whose personal data is processed in the EU information systems and by Europol, and to EU citizens whose personal data is processed in the SIS and by Europol. Interoperability should not concern EU citizens.
Amendment 217 #
2017/0351(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The European search portal (ESP) should be established to facilitate technically the ability of the authorised Member State authorities and EU bodies to have a controlled yet fast, seamless, and efficient, systematic and controlled access to the EU information systems, the access to the relevant EU databases to Europol data and theo Interpol databases needed toin so far as this is necessary for the performance of their tasks, and in accordance with their access rights, and to. In that way, the ESP should support the objectives of the EES, the VIS, the [ETIAS], Eurodac, the SIS, the [ECRIS-TCN system] and the Europol data. Enabling the simultaneous querying of all relevant EU information systemdatabases in parallel, as well as of the Europol data and the Interpol databases, the ESP should act as a single window or ‘message broker’ to search various central systems and retrieve the necessary information seamlessly and in full respect of the access control and data protection requirements of the underlying systems.
Amendment 223 #
2017/0351(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure fast and systematiceamless use of all EU information systems, the European search portal (ESP) should be used to query the common identity repository, the EES, the VIS, [the ETIAS], Eurodac and [the ECRIS-TCN system]. However, the national connection to the different EU information systems should remain in order to provide a technical fall back. The ESP should also be used by Union bodies to query the Central SIS in accordance with their access rights and in order to perform their tasks. The ESP should be an additional means to query the Central SIS, the Europol data and the Interpol systems, complementing the existing dedicated interfaces.
Amendment 226 #
2017/0351(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Biometric data, such as fingerprints and facial images, are unique and therefore much more reliable than alphanumeric data for identifying a person. However, biometric data constitute sensitive personal data. This regulation should therefore lay down the basis for and the safeguards for processing of such data for the purpose of uniquely identifying the persons concerned. The shared biometric matching service (shared BMS) should be a technical tool to reinforce and facilitate the work of the relevant EU information systems and the other interoperability components, without duplicating either the storage of the biometric or the storage of biometric templates. The main purpose of the shared BMS should be to facilitate the identification of an individual who may be registered in different databases, by matching their biometric data across different systems and by relying on one unique technological component instead of five different ones in each of the underlying systems. The shared BMS should contribute to security, as well as financial, maintenance and operational benefits by relying on one unique technological component instead of different ones in each of the underlying systems. All automated fingerprint identification systems, including those currently used for Eurodac, the VIS and the SIS, use biometric templates comprised of data derived from a feature extraction of actual biometric samples. The shared BMS should regroup and store all these biometric templates in one single location, facilitating, allow for a cross-system comparisons usingof those biometric data and enabling economies of scale in developing and maintaining the EU central systemstemplates using biometric data.
Amendment 228 #
2017/0351(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 232 #
2017/0351(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The systems established by Regulation (EU) 2017/2226 of the European Parliament and of the Council57 , Regulation (EC) No 767/2008 of the European Parliament and of the Council58 , [the ETIAS Regulation] for the management of the borders of the Union, the system established by [the Eurodac Regulation] to identify the applicants for international protection and combat irregular migration, and the system established by [the ECRIS-TCN system Regulation] require in order to be effective to rely on the accurate identification of those third-country nationals whose personal data are stored therein. _________________ 57 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (EES Regulation) (OJ L 327, 9.12.2017, p. 20–82). 58 Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
Amendment 233 #
2017/0351(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 238 #
2017/0351(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Personal data stored in these EU information systems may relate to the same persons but under different or incomplete identities. Member States dispose of efficient ways to identify their citizens or registered permanent residents in their territory, but the same is not true for third- country nationals. The interoperability between EU information systems should contribute to thelp correctly identification ofy third-country nationals. The common identity repository (CIR) shouldEach individual information system should continue to store the personal data concerning third-country nationals present in the systems that are necessary to enable the more accurate identification of those individuals, therefore including their identity, travel document and biometric data, regardless of the system in which the data was originally collected. Only the personal data strictly necessary to perform an accurate identity check should be stored in the CIR. The personal data recorded in the CIR should be kept for no longer than is strictly necessary for the purposes of the underlying systems and should be automatically deleted when the data is deleted in the underlying systems in accordance with their logical separationquired under their founding regulations. This information will be made interoperable by virtue of the European Search Portal, the Biometric Matching Service and the Multiple Identity Detector.
Amendment 242 #
2017/0351(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The new processing operation consisting in the storage of such data in the common identity repository (CIR) instead of the storage in each of the separate systems is necessary to increase the accuracy of the identificIn order to ensure respect for the principles of purpose limitation and of data minimisation tha, it is made possible by the automated comparison and matching of such data. The fact that the identity and biometric data of third-country nationals isneither necessary nor proportionate to stored in the CIR should not hinder in any way the processing of data for the purposes of the EES, the VIS, the ETIAS, Eurodac or the ECRIS-TCN system Regulations, as the CIR should be a new shared component of those underlying systemsdata in an additional repository above and beyond the information systems which are to be made interoperable.
Amendment 245 #
2017/0351(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 247 #
2017/0351(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 250 #
2017/0351(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 255 #
2017/0351(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 258 #
2017/0351(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensureassist in the correct identification of a person, Member State authorities competent forwhere a travel document or other identity document preoventing and combating irregular migration ands insufficient or is unavailable, Member State competent authorities within the meaning of Article 3(7) of Directive 2016/680 should be allowed to query the common identity repository (CIR) with the biometric data of that person taken during an identity check. European Search Portal (ESP) or the shared Biometric Matching Service (sBMS) and the underlying Union information systems with the biographical or biometric data of that person taken during an identity check provided always that individual concerned is physically present during such a check.
Amendment 263 #
2017/0351(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 268 #
2017/0351(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Member States should adopt national legislative measures designating the authorities competent to perform identity checks with the use of the common identity repository (CIR)ESP or the sBMS, subject to the physical presence of the individual concerned, and laying down the procedures, conditions and criteria of such identity checks in line with the principle of proportionality. In particular, the power to collect biometric data during an identitSuch an identity check in respect of third-country nationals should be permitted only cwheck of a person present beforere comparable procedures under equivalent conditions exist in the mMember of those authorities should be provided for by national legislative measureState concerned for Union citizens.
Amendment 271 #
2017/0351(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should also introduces a new possibility for streamlined access to data beyond identity data present in the EES, the VIS, [the ETIAS] or Eurodac by Member State designated law enforcement authorities and Europol. Data, including data other than identity data contained in those systems, may be necessary for the prevention, detection, investigation and prosecution of terrorist offences or serious criminal offences in a specific case where there are reasonable grounds to consider that consultation will substantially contribute to the prevention, detection or investigation of the criminal offences in question; in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under the category of third country nationals whose data are stored in the EES, the VIS, the ETIAS and the Eurodac system. Such streamlined access will be provided after a prior search in the national databases has been carried out and a query of the automated fingerprint identification system of the other Member States under Decision 2008/615/JHA has been launched.
Amendment 272 #
2017/0351(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Full access to the necessary data contained in the EU information systems necessary for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences, beyond the relevant identity data covered under common identity repository (CIR) obtained using biometric data of that person taken during an identity check, should continue to be governed by the provisions in the respective legal instruments. The designated law enforcement authorities and Europol do not always know in advance which of the EU information systems contains data of the persons they need to inquire upon. This results in delays anerefore, following the necessary checks in national databases and where a query of the automated finefficiencies in the conduct of gerprint identification system of the otheir tasks. TMember States under Decision 2008/615/JHA has been launched, the end-user authorised by the designated authority should therefore be allowed to see in which of the EU information systems the data corresponding to the query introduced are recorded. The concerned system would thus be flagged following the automated verification of the presence of a hit in the system (a so-called hit-flag functionality).
Amendment 276 #
2017/0351(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Where such a search is carried out, a hit should not be interpreted as a ground or reason to draw conclusions about or undertake measures towards a person, but may be used only for the purpose of submitting an access request to the underlying EU information systems, subject to the conditions and procedures laid down in the respective legislative instruments governing such access. Any such act will be subject to the provisions measures set out in Chapter VII and the safeguards provided for in Regulation EU 2016/679, Directive 2016/680 or Regulation EC45/2001.
Amendment 279 #
2017/0351(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The logs of the queries of the common identity repositoryEU information systems should indicate the purpose of the query. Where such a query was performed using the two- step data consultation approach, the logs should include a reference to the national file of the investigation or case, therefore indicating that such query was launched for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences.
Amendment 281 #
2017/0351(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The query of the common identity repository (CIR)EU information systems by Member State designated authorities and Europol in order to obtain a hit-flag type of response indicating the data is recorded in the EES, the VIS, [the ETIAS] or Eurodac requires automated processing of personal data. A hit-flag wshould not reveal personal data of the concerned individual other thanonly an indication that some of his or her data are stored in one of the systems, provided the authority making the search has access to that system. No adverse decision for the concerned individual should be made by the authorised end-user solely on the basis of the simple occurrence of a hit-flag, and the hit-flag should be used by the relevant authorities only for the purpose of deciding which database to query. Access by the end-user of a hit-flag would therefore realise a very limitedconstitute an interference with the right to protection of personal data of the concerned individual, while it would be necessary to allow the designated authority and Europol to address its request for access for personal data more effectively directly to the system that was flagged as containing and therefore should comply with the principles of necessity and proportionality.
Amendment 285 #
2017/0351(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The two-step data consultation approach is particularly valuable in cases where the suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence is unknown. In those cases the common identity repository (CIR) should enable, using the European Search Portal or the shared Biometric Matching Service should enable the relevant authority to identifying the information system that knows the person in one single searchsuspect, perpetrator or suspected victim in one single search, following the necessary checks in national databases and once a query of the automated fingerprint identification system of other Member States under Decision 2008/615/JHA has been launched. By creating the obligation to use this new law enforcement access approach in these cases, access to the personal data stored in the EES, the VIS, [the ETIAS] and Eurodac should take place without the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system (‘AFIS’) of other Member States under Decision 2008/615/JHA. The principle of prior search effectively limits the possibility of Member State’ authorities to consult systems for justified law enforcement purposes and could thereby result in missed opportunities to uncover necessary information. The requirements of a prior search in national databases and the launch of a priin national databases and AFIS which were designed specifically for preventing, detecting and investigating terrorist offences or other serious criminal offences before searching in othe automated fingerprint identification system of other Member States under Decision 2008/615/JHA should only cease to apply oncr EU information systems which do not have that as their primary purpose the alternative safeguard of the two- step approach to law enforcement access through the CIR has become operationallps to ensure the necessity and proportionality for such a search.
Amendment 289 #
2017/0351(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The multiple-identity detector (MID) should be established to support the functioning of the common identity repository and to support the objectives of the EES, the VIS, [the ETIAS], Eurodac, the SIS and [the ECRIS- TCN system]. In order to be effective in fulfilling their respective objectives, all of these EU information systems require the accurate identification of the persons whose personal data are stored therein.
Amendment 290 #
2017/0351(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The possibility to achievo better realise the objectives of the EU information systems is undermined by the current inability for, the authorities using theose systems should be able to conduct sufficiently reliable verifications of the identities of the third-country nationals whose data are stored in different systems. That inability is determined by the fact that the set of identity data stored in a given individual system may be fraudulent, incorrect, or incomplete, and that or fraudulent, and there is currently no possibility to detect such fraudulent,way of detecting incorrect or, incomplete or fraudulent identity data by way of comparison with data stored in another system. To remedy this situation it is necessary to have a technical instrument at Union level allowing accurate identification of third-country nationals for these purposes.
Amendment 294 #
2017/0351(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The multiple-identity detector (MID) should create and store links between data in the different EU information systems in order to detect multiple identities, with the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud. The MID should only contain the linkscreation of those links constitutes automated decision-making as referred to in Regulation (EU) 2016/679 and in Directive (EU) 2016/680 and therefore requires transparency towards the individuals affected and the implementation of necessary safeguards in accordance with EU data protection rules. The MID should contain links only between individuals present in more than one EU information system, strictly limited to the data necessary to verify that a person is recorded lawfully or unlawfully under different biographical identities in different systems, or to clarify that two persons having similar biographical data may not be the same person. Data processing through the European search portal (ESP) and the shared biometric matching service (shared BMS) in order to link individual files across individual systems should be kept to an absolute minimum and therefore is limited to a multiple-identity detection at the time new data is added to one of the information systems included in the common identity repository and inthe EES, the VIS, [the ETIAS], Eurodac or the SIS. The MID should include safeguards against potential discrimination or unfavourable decisions for persons with multiple lawful identities.
Amendment 296 #
2017/0351(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) This Regulation provides for new data processing operations aimed at identifyingensuring the correct identification of the persons concerned correctly. This constitutes an interference with their fundamental rights as protected by Articles 7 and 8 of the Charter of Fundamental Rights. Since the effective implementation of the EUit is necessary to correctly identify those persons inf ormation systems is dependent upon correct identification of the individuals concernedder to fully realise the objectives of those EU information systems, such interference is justified by those same objectives ofor which each of those systems have been established, the effectively management ofing the Union’s borders, theproviding internal security ofin the Union, the effectively implementation ofing the Union’s asylum and visa policies and the fight againstcombatting irregular migration.
Amendment 299 #
2017/0351(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The European search portal (ESP) and shared biometric matching service (shared BMS) should compare data in common identity repository (CIR)the EES, the VIS, [the ETIAS], Eurodac and the SIS on persons when new records are created by a national authority or an EU body. Such a comparison should be automated. The CIR and the SISose EU information systems should use the shared BMS to detect possible links on the basis of biometric data. The CIR and the SIS and should use the ESP to detect possible links on the basis of alphanumeric data. The CIR and the SISose EU information systems should be able to identify identical or similar data on the third-country national stored across several systems. Where such is the case, a link indicating that it is the same person should be established. The CIR and the SISNew interoperability components should be configured in such a wayso that small transliteration or spelling mistakes are detected in such a way as not to create any unjustified hindrance to the concernedor interference with the fundamental rights of the third-country national concerned.
Amendment 302 #
2017/0351(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The national authority or EU body that recorded the new data in the respective EU information system should confirm or change these links. This authority should have access to the identity data stored in the common identity repository (CIR) or the SIS and in the multiple-identity detector (MID)ose EU information systems for the purpose of the manual identity verification.
Amendment 305 #
2017/0351(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Access to the multiple-identity detector (MID) by Member State authorities and EU bodies having access to at least one of the relevant EU information system included in the common identity repository (CIR) or to the SIS should be limited to so called red links, where the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner, or where the linked data has similardifferent identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner. Where the linked identity data isare not similar, a yellow link should be established and a manual verification should take place in order to confirm the link or change its colour accordingly.
Amendment 307 #
2017/0351(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The manual verification of multiple identities should be ensured by the authority creating or updating the data that triggered a hit resulting in a link with data already stored in another EU information system as described in this Regulation in full respect of access rights granted under Union and national law. The authority responsible for the verification of multiple identities should assess whether there are multiple lawful or unlawful identities. Such assessment should be performed where possibleonly in the presence of the third-country national and where necessary by requesting additional clarifications or information. Such assessment should be performed without delay, in line with legal requirements for the accuracy of information under Union and national law.
Amendment 309 #
2017/0351(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) FBy way of derogation, for the links obtained in relation to the Schengen Information System (SIS) related to the alerts in respect of persons wanted for arrest or for surrender or extradition purposes, on missing or vulnerable persons, on persons sought to assist with a judicial procedure, on persons for discreet checks or specific checks or on unknown wanted persons, the authority responsible for the verification of multiple identities should be the SIRENE Bureau of the Member State that created the alert. Indeed those categories of SIS alerts are sensitive and should not necessarily be shared with the authorities creating or updating the data in one of the other EU information systems. The creation of a link with SIS data should be without prejudice to the actions to be taken in accordance with the [SIS Regulations].
Amendment 311 #
2017/0351(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) eu-LISA should establish automated data quality control mechanisms and common data quality indicators. eu- LISA should be responsible tofor developing a central monitoring capacity for data quality, and tofor produceing regular data analysis reports to improve the control ofsupervision of the Member States’ implementation and application by Member States of EU information systems. The common quality indicators should include the minimum quality standards to store data in the EU information systems or the interoperability components. The goal of such a data quality standards should be for the EU information systems and interoperability components to automatically identify apparently incorrect or inconsistent data submissions so that the originating Member State is able to verify the data and carry out any necessary remedial actions.
Amendment 315 #
2017/0351(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The Universal Message Format (UMF) should establish a standard for structured, cross-border information exchange between information systems, authorities and/or organisations in the field of Justice and Home affairs. UMF should define a common vocabulary and logical structures for commonly exchanged information with the objective tof facilitateing interoperability by enabling the creation and reading of the contents of the exchange in a consistent and semantically equivalent manner.
Amendment 319 #
2017/0351(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) A central repository for reporting and statistics (CRRS) should be established to generate cross-system statistical data and analytical reporting for policy, operational and data quality purposes in line with the objectives of the underlying systems and inconformity with their respective legal bases. eu-LISA should establish, implement and host the CRRS in its technical sites. The CRRS should containing only anonymous statistical data from the above-menrelevant EU informationed systems, the common identity repository, the multiple-identity detector and the shared biometric matching service. The data contained in the CRRS should not enableallow for the identification of individuals. eu- LISA should immediately render the data anonymous and should record only such anonymousised data in the CRRS. The process for rendering the data anonymous should be automated and no direct access by eu- LISA staff should be granted to any personal data stored in the EU information systems or in the interoperability components.
Amendment 320 #
2017/0351(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation by national authorities unless such processing is carried out by the designated authorities or central access points of the Member States for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences, whenin which case Directive (EU) 2016/680 of the European Parliament and of the Council should apply.
Amendment 321 #
2017/0351(COD)
Proposal for a regulation
Recital 49
Recital 49
Amendment 323 #
2017/0351(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) “(...) The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion on …16 April 2018 “
Amendment 327 #
2017/0351(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) As a consequence of this combined application of the rules, the European search portal (ESP) should constitute the main access point for the compulsory systematic consultation of databases for third-country nationals at border crossing points provided for by the Schengen Borders Code. In addition, the identitWhere a red link exists in respect of a third-country dnata that led to the classification of a linkional seeking to cross an external border into the multiple-identity detector (MID) as aSchengen Area, that red link should be taken into account by the border guards for assessing whether or not the person fulfils the conditions of entry defined in the Schengen Borders Code. However the presence of a red link should not in itself constitute a ground for refusal of entry and the existing grounds for refusal of entry listed in the Schengen Borders Code should therefore not be amended.
Amendment 329 #
2017/0351(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 334 #
2017/0351(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Should the query of the multiple- identity detector (MID) through the European search portal (ESP) result in a yellow link or detect a red link, the border guard on second line should consult the common identity repository or the Schengen Irelevant EU information Ssystem or boths in order to assess the information on the person being checked, to manually verify his/her different identity and to adapt the colour of the link if required.
Amendment 339 #
2017/0351(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) The costs for the development of the interoperability components projected under the current Multiannual Financial Framework are lower than the remaining amount on the budget earmarked for Smart Bremaining amount on the budget earmarked for developing IT systems supporting the management of migration flows across the external borders in Regulation (EU) No 515/2014 of the European Parliament and the Council61 . Accordingly, should be reallocated to this61 Regulation, pursuant to Article 5(5)(b) of Regulation (EU) No 515/2014, should reallocate the amount currently attributed for developing IT systems supporting the management of migration flows across the external borders. _________________ 61Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing as part of the Internal Security Fund, the Instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
Amendment 341 #
2017/0351(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) In order to supplement certain detailed technical aspects of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. In particular, power should be delegated to the Commission in respect of the profiles for the users of the European search portal (ESP) and the content and format of the ESP replies, the content and format of the ESP replies, the procedures to determine the cases where identity data can be considered as identical or similar, and the rules on the operation of the Central Repository for Reporting and Statistics, including specific safeguards for processing of personal data and security rules applicable to the repository. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201662 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member State experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 62 http://eur-lex.europa.eu/legal- content/EN/TXT/?uri=uriserv:OJ.L_.2016. 123.01.0001.01.ENG.
Amendment 342 #
2017/0351(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt detailed rules on: automated data quality control mechanisms, procedures and indicators; development of the UMF standard; procedures for determining cases of similarity of identities; the operation of the central repository for reporting and statistics; and cooperation procedure in case of security incidents. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council63 . _________________ 63 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 347 #
2017/0351(COD)
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65a) This Regulation should contain clear provisions on liability and right to compensation for unlawful processing of personal data or from any other act incompatible with it, without prejudice to the right to compensation from, and liability of the controller or processor under Regulation (EU) 2016/679, Directive EU 2016/680 and Regulation EU 45/2001. With regard to the role of eu- LISA as a data processor, this latter should be responsible for the damage it provoked where it has not complied with the specific obligations of this Regulation directed to it.
Amendment 348 #
2017/0351(COD)
Proposal for a regulation
Recital 65 b (new)
Recital 65 b (new)
(65b) Article 8 (2) of the European Convention on Human Rights states that any interference with the right to respect for private life, must pursue a legitimate aim and must be both necessary and proportionate except in such cases when, in accordance with the law such an action is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Amendment 349 #
2017/0351(COD)
Proposal for a regulation
Recital 65 c (new)
Recital 65 c (new)
(65c) Article 52(1) of the Charter of Fundamental Rights states that any limitation on the exercise of rights and freedoms recognised by the Charter must be provided for by law and respect the essence of those rights and freedoms and be subject to the principle of proportionality. Limitations may be made only if they are necessary if they genuinely meet the objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.
Amendment 350 #
2017/0351(COD)
Proposal for a regulation
Recital 65 d (new)
Recital 65 d (new)
Amendment 351 #
2017/0351(COD)
Proposal for a regulation
Recital 65 e (new)
Recital 65 e (new)
Amendment 354 #
2017/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation, together with [Regulation 2018/xx on interoperability police and judicial cooperation, asylum and migration], establishes a framework to ensure the interoperability between the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, and the Schengen Information System (SIS), and [the European Criminal Records Information System for third-country nationals (ECRIS-TCN)] in order for those systems and data to supplement each otherto be interoperable.
Amendment 358 #
2017/0351(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 368 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. By ensuring interoperability, the purpose of this Regulation shall have the following objectivesbe to support the objectives referred to respectively in Article 6 of Regulation (EU) 2017/226; Articles 2 and 3 of Regulation (EC) No 767/2008; Article 4 of Regulation (EU) 2018/xxx [ETIAS Regulation]; Article 1 of Regulation(EU) No 603/2013; Article 1 of Regulation (EU) 2018/xxx [on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation]; Article 1 of Regulation (EU) 2018/xxx [on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks]; Article 3 of Regulation (EU) 2018/xxx [on the use of the Schengen Information System for the return of illegally-staying third-country nationals], and Article 2 of [the ECRIS- TCN] Regulation; and in particular:
Amendment 369 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) to improve the management ofenhance the effectiveness and efficiency of border checks at the external borders;
Amendment 380 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. Those objectives of ensuring interoperability shall be achieved by:
Amendment 382 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) ensuring the correct identification of personthird country nationals;
Amendment 385 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) contributing to fighcombating identity fraud;
Amendment 390 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) strengthening and simplifying and making more uniform the data security and data protection conditions that govern the respective EU information systems, without prejudice to the special protection and safeguards afforded to certain categories of data in accordance with EU data protection rules;
Amendment 394 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) streamlining thensuring the necessary and proportionate conditions for law enforcement access to the EES, the VIS, [the ETIAS] and Eurodac;
Amendment 400 #
2017/0351(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Regulation applies to persons in respect of whom personal data may be processed in the EU information systems referred to in paragraph 1, only for the purposes as defined in the underlying legal basis for those information systems.
Amendment 408 #
2017/0351(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 19
Article 4 – paragraph 1 – point 19
(19) ‘Europol data’ means personal data providcessed toby Europol for the purpose referred to in Article 18(2)(a) of Regulation (EU) 2016/794;
Amendment 410 #
2017/0351(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 21
Article 4 – paragraph 1 – point 21
(21) ‘match’ means the existence of an exact correspondence established by comparing two or more occurrences of personal data recorded or being recorded in an information system or database;
Amendment 411 #
2017/0351(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 25
Article 4 – paragraph 1 – point 25
(25) ‘terrorist offence’ means an offence under national law which corresponds or is equivalent to one of the offences referred to in Directive (EU) 2017/541;
Amendment 413 #
2017/0351(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 35
Article 4 – paragraph 1 – point 35
Amendment 422 #
2017/0351(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
5 Fundamental Rights and Non- discrimination
Amendment 426 #
2017/0351(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
This Regulation shall ensure respect of the fundamental rights and the observation of the principles recognized in the Charter of Fundamental Rights of the European Union and shall be applied in accordance with those rights and principles. Processing of personal data for the purposes of this Regulation shall not result, either directly or indirectly, in undue interference with the right to respect for private and family life and the right to protection of personal data. Processing of personal data for the purposes of this Regulation shall not result in discrimination against persons on any grounds such as sex, racial or ethnic origin, religion or beliefe, 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. It shall fully respect human dignity and integrity. Particular attention shall be paid to children, the elderly and, persons with a disability and persons in need of international protection.
Amendment 429 #
2017/0351(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
One year after to the date of entry into force of this legislation, the Commission shall conduct an ex-post evaluation which aims at assessing the impact of interoperability on the right to non- discrimination
Amendment 433 #
2017/0351(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. A European search portal (ESP) is established for the purposes of ensuring that Member State authorities and EU bodies have fast, seamless, efficient, systematic and controlled access to the EU information systems, the Europol data and the Interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of those EES, the VIS, [the ETIAS], Eurodac, the SIS, [the ECRIS- TCN system] and the Europol dataU information systems and of the SIS and with their access rights under the relevant legal basis.
Amendment 437 #
2017/0351(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) a secure communication infrastructure between the ESP and the EES, the VIS, [the ETIAS], Eurodac, the Central-SIS, [the ECRIS-TCN system], the Europol data and the Interpol databases as well as between the ESP and the central infrastructures of the common identity repository (CIR) and the multiple-identity detector.
Amendment 438 #
2017/0351(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. eu-LISA shall develop the ESP and ensure its technical management. It shall not, however, have access to any of the personal data processed through the EPS.
Amendment 441 #
2017/0351(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The use of the ESP shall be reserved to the Member State authorities and EU bodies having access to the EES, [the ETIAS], the VIS, the SIS, Eurodac and [the ECRIS-TCN system], to the CIR and the multiple-identity detector as well as the Europol data and the Interpol databases in accordance with Union or national law governing such access.
Amendment 443 #
2017/0351(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The authorities referred to in paragraph 1 shall use the ESPWhere they are required under Union law to search data related to persons or their travel documents in the central systems of the EES, the VIS and [the ETIAS] in accordance with their access rights under Union and national law. They, the authorities referred to in paragraph 1 shall also use the ESP to query the CIRsearch such data in accordance with their access rights under this Regulation for the purposes referred to in Articles 20, 21 and 22Union and national law.
Amendment 446 #
2017/0351(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The EU bodWhere they are so required under Union law, EU Agencies shall use the ESP to search data related to persons or their travel documents in the Central SIS.
Amendment 449 #
2017/0351(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. TWhere so required under Union or national law, the authorities referred to in paragraph 1 may use the ESP to search data related to persons or their travel documents in the Interpol databases in accordance with their access rights under Union and national law.
Amendment 450 #
2017/0351(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. The data owners referred in this article shall not be notified that a search has taken place.
Amendment 454 #
2017/0351(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the purpose of the use of ESP by this category of user.
Amendment 456 #
2017/0351(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. eu-LISA shall review regularly – and at least once a year after their creation - the user profiles referred to in paragraph one, and shall update and delete those profiles where necessary.
Amendment 459 #
2017/0351(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The users of the ESP shall launch a query by introducing data in the ESP in accordance with their user profile and access rights. Where a query has been launched, the ESP shall query simultaneously, with the data introduced by the user of the ESP, the EES, [the ETIAS], the VIS, the SIS, Eurodac, [the ECRIS-TCN system] and the CIR as well as the Europol databases and the Interpol databases.
Amendment 463 #
2017/0351(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The fields of data used to launch a query via the ESP shall correspond to the fields of data related to persons or travel documents that may be used to query the various EU information systems, the Europol databases and the Interpol databases in accordance with the legal instruments governing them.
Amendment 466 #
2017/0351(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The EES, [the ETIAS], the VIS, the SIS, Eurodac, [the ECRIS-TCN system], the CIR and the multiple-identity detector, as well as the Europol data and the Interpol databases, shall provide the data that they contain resulting from the query of the ESP.
Amendment 467 #
2017/0351(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. When querying the Interpol databases, the design of the ESP shall ensure that the data used by the user of the ESP to launch a query or any other data, is not shared with the owners of Interpol data. As regards to data on individuals registered in Eurodac, it must be ensured that the database owner does not receive information on whether their databases have been queried through the ESP.
Amendment 471 #
2017/0351(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The reply to the user of the ESP shall be unique and shall contain all the data to which the user has access under Union law. Where necessary, the reply provided by the ESP shall indicate to which information system or database the data belongsThe ESP shall provide no information regarding data in information systems to which the user has no access under Union law.
Amendment 482 #
2017/0351(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. To that end, access to those logs shall be granted as appropriate to the data controllers identified pursuant to Article 40, to national supervisory authorities designated pursuant to Article 51 of Regulation (EU) 2016/679 and Article 41 of Directive (EU) 2016/680, and to the European Data Protection Supervisor. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun.
Amendment 485 #
2017/0351(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the ESP, the users of the ESP shall be notified by eu- LISA.
Amendment 489 #
2017/0351(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the national infrastructure in a Member State, that Member State's competent authority shall notify eu-LISA and the Commission.
Amendment 493 #
2017/0351(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. In both scenarios, and until the technical failure is addressed, the obligation referred to in Article 7(2) and (4) shall not apply and Member States may access the information systems referred to in Article 9(1) or the CIR directly using their respective national uniform interfaces or national communication infrastructures.
Amendment 497 #
2017/0351(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A shared biometric matching service (shared BMS) storing biometric templates and) shall be established to enablinge querying with biometric data across several EU information systems is established for the purposes of supporting the CIR, the SIS and the multiple-identity detector andto support the objectives of the EES, the VIS, Eurodac, the SIS and [the ECRIS-TCN system].
Amendment 500 #
2017/0351(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) a central infrastructure, including a search engine and the storage of the data referred to in Article 13;
Amendment 503 #
2017/0351(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) a secure communication infrastructure between the shared BMS, Central-SIS the EES, the VIS, EURODAC and [the CIRECRIS-TCN system].
Amendment 505 #
2017/0351(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. eu-LISA shall develop the shared BMS and ensure its technical management. It shall not, however, have access to any of the personal data processed through the shared BMS.
Amendment 506 #
2017/0351(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 524 #
2017/0351(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
In order to search the biometric data stored within the CIR andEES, the SVIS, the CIR and the SIEURODAC, [the ECRIS-TCN system] and the SIS, the shared BMS shall uscompare the biometric templatesdata stored in the shared BMSunderlying systems for a match. Queries with biometric data shall take place in accordance with the purposes provided for in this Regulation and in the EES Regulation, the VIS Regulation, the Eurodac Regulation, the [SIS Regulations] and [the ECRIS-TCN Regulation].
Amendment 527 #
2017/0351(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 531 #
2017/0351(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 537 #
2017/0351(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. . To that end, access to those logs shall be granted as appropriate to the data controllers identified pursuant to Article 40, to national supervisory authorities designated pursuant to Article 51 of Regulation (EU) 2016/679 and Article 41 of Directive (EU) 2016/680, and to the European Data Protection Supervisor. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs referred to in paragraph 1(a) shall be erased once the data is erased.
Amendment 540 #
2017/0351(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 546 #
2017/0351(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 552 #
2017/0351(COD)
Proposal for a regulation
Article 19
Article 19
Adding, amending and deleting data inrticle 1.9 deleted in the EES, the VIS and [the ETIAS], the data referred to in Article 18 stored in the individual file of the CIR shall be added, amended or deleted accordingly in an automated manner. 2. detector creates a white or red link in accordance with Articles 32 and 33 between the data of two or more of the EU information systems constituting the CIR, instead of creating a new individual file, the CIR shall add the new data to the individual file of the linked data.common identity repository Where data is added, amended or Where the multiple-identity
Amendment 556 #
2017/0351(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
20 Access to the common identity repositoryUse of the ESP and shared BMS for identification
Amendment 557 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where a Member State police authority is unable to identify a person on the basis of his/her travel document, or of another credible document proving his/her identity, or with the identity data provided by that person in accordance with rules and procedures laid down in national law, and where a Member State police authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, in the presence of that person, and solely for the purpose of identifying athat person, query the CIR with theESP or the shared BMS with the biographical or biometric data of that person taken during anthe identity check.
Amendment 561 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
Where the query indicates that data on that person is stored in the CIREU information systems or the SIS, the Member States police authority shall have access to consult the following data: (a) the data referred to in [Article 18(1)6(1)(a) to (d) and Article 17(1)(a) to (c) of the EES Regulation]; (b) the data referred to in Article 9(4)(a) to (c), (5)and (6) of Regulation (EC) No767/2008; and (c) [the data referred to in Article 15(2)(a) to (e) of the ETIAS Regulation].
Amendment 563 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 3
Article 20 – paragraph 1 – subparagraph 3
Amendment 568 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member States wishing to avail themselves of the possibility provided for in this Article shall adopt national legislative measures. Such legislative measures shall specify the precise purposes of identity checks within the purposes referred to in Article 2(1)(b) and (c). TWithout prejudice to the first subparagraph of paragraph 1, they shall designate the police authorities competent and lay down the procedures, conditions and criteria ofor such checks.
Amendment 572 #
2017/0351(COD)
Proposal for a regulation
Article 21
Article 21
Access to the common identity repository for the detection of multiple identities 1. in a yellow link in accordance with Article 28(4), the authority responsible for the verification of different identities determined in accordance with Article 29 shall have access, solely for the purpose of that verification, to the identity data stored in the CIR belonging to the various information systems connected to a yellow link. 2. in a red link in accordance with Article 32, the authorities referred to in Article 26(2) shall have access, solely for the purposes of fighting identity fraud, to the identity data stored in the CIR belonging to the various information systems connected to a red link.rticle 21 deleted Where a query of the CIR results Where a query of the CIR results
Amendment 578 #
2017/0351(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
22 Querying the common identity repositoryEU information systems for law enforcement purposes
Amendment 579 #
2017/0351(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. For the purposes ofWhere there are reasonable grounds to believe that consultation of EU information systems will substantially contribute to the preventiong, detecting andon or investigatingon of terrorist offences or other serious criminal offences, in a specific case and in order particular where there is a substantiated suspicion that the suspect, perpetrator obtain information on whether data on a specific person is presentr victim of a terrorist offence or other serious criminal offence falls under the category of third-country nationals whose data are stored in [the EES], the VIS and , [the ETIAS] or the Member State designated authorities and Europol may consult the CIREurodac system, and where a prior search in national databases has been carried out and a query of the automated fingerprint identification system of the other Member States under Decision 2008/615/JHA has been launched, the Member States designated authorities and Europol may use the ESP and the shared BMS in order to obtain information on whether data on a specific person is present in the EES, the VIS and [the ETIAS].
Amendment 581 #
2017/0351(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. The central access points established in Article 50(2) [ETIAS Regulation], Article 29(3) of Regulation (EU) 2017/2226 and Article 3(2) of Regulation 767/2008 shall monitor the use made of the possibility provided for in paragraph 1. For that purpose, regular ex-post evaluations of this possibility shall be made and used for self-monitoring as referred to in Article 45. The central access points shall transmit a report to the supervisory authorities referred to in Article 49 every two years on the use made of this provision.
Amendment 583 #
2017/0351(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Member State designated authorities and Europol shall not be entitled to consult data belonging to [the ECRIS-TCN] when consultusing the CIRESP or shared BMS for the purposes listed in paragraph 1.
Amendment 584 #
2017/0351(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where, in reply to a query the CIRESP or the shared BMS indicates that data on that person is present in the EES, the VIS andor [the ETIAS] the CIRESP or shared BMS shall provide to Member States' designated authorities andor to Europol a reply in the form of a reference indicating which of the information systems contains matching data referred to in the second subparagraph of Article 18(220(1). The CIRESP or shared BMS shall reply in such a way that the security of the data is not compromised. A reply indicating that data on that person is present in one of the EU information systems may be used solely for the purpose of submitting a request for access to that information system subject to the conditions and procedures laid down in the legislative instrument governing that information system.
Amendment 588 #
2017/0351(COD)
Proposal for a regulation
Article 23
Article 23
Amendment 591 #
Amendment 605 #
2017/0351(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A multiple-identity detector (MID) is established to creatinge and storinge links between data in the EU information systems included in the common identity repository (CIR) and the SIS, and as a consequence to detecting multiple identities, with the dual purpose ofin order to facilitatinge identity checks and combating identity fraud, is established for the purpose ofand thus in order to supporting the functioning of the CIR and the objectives of the EES, the VIS, the ETIAS], Eurodac, the SIS and [the ECRIS-TCN system].
Amendment 607 #
2017/0351(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) a secure communication infrastructure to connect the MID with the SIS and the central infrastructures of the European search portal and the CIREES, [the ETIAS], the VIS, Eurodac and [the ECRIS-TCN system].
Amendment 608 #
2017/0351(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. eu-LISA shall develop the MID and ensure its technical management. It shall not, however, have access to any of the personal data processed through the MID.
Amendment 613 #
2017/0351(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
Amendment 614 #
2017/0351(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point e
Article 26 – paragraph 1 – point e
(e) the SIRENE Bureaux of the Member State creating or updating a [SIS alert in accordance with the Regulation on SIS in the field of border checks];
Amendment 615 #
2017/0351(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point f
Article 26 – paragraph 1 – point f
Amendment 616 #
2017/0351(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member State authorities and EU bodies having access to at least one EU information system included in the common identity repository or to the SIS shall have access to the data referred to in Article 34(a) and (b) regarding any red links as referred to in Article 32.
Amendment 619 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. A multiple-identity detection in the common identity repository and theEU information systems and SIS shall be launched where:
Amendment 620 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
Amendment 621 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point f
Article 27 – paragraph 1 – point f
Amendment 622 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. The multiple-identity detection using the data referred to in paragraph 1(c) shall be launched only where an application file in ETIAS can be verified against an individual file in the EES.
Amendment 623 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where the data contained within an information system as referred to in paragraph 1 contains biometric data, the common identity repository (CIR)at information system and the Central-SIS shall use the shared biometric matching service (shared BMS) in order to perform the multiple-identity detection. The shared BMS shall compare the new biometric templatesdata obtained from any new biometric data to thethe relevant information system against any biometric templatesdata already contained in the shared BMSother information systems in order to verify whether or not data belonging to the same third-country national is already stored in the CIR or in the Central SISanother information system.
Amendment 625 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 3 – introductory part
Article 27 – paragraph 3 – introductory part
3. In addition to the process referred to in paragraph 2, the CIRinformation system and the Central- SIS shall use the European search portal to search the data stored in the CIRall the EU information systems and the Central-SIS using the following data:
Amendment 626 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point d
Article 27 – paragraph 3 – point d
Amendment 627 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point f
Article 27 – paragraph 3 – point f
Amendment 628 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point g
Article 27 – paragraph 3 – point g
Amendment 629 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point h
Article 27 – paragraph 3 – point h
Amendment 633 #
2017/0351(COD)
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1
Article 28 – paragraph 2 – subparagraph 1
Where the query laid down in Article 27(2) and (3) reports one or several hit(s), the common identity repository andEU information systems concerned including, where relevant, the SIS shall create a link between the data used to launch the query and the data triggering the hit.
Amendment 634 #
2017/0351(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The Commission shall lay down the procedures to determine the cases where identity data can be considered as identical or similar in implementingdelegated acts. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 64(2)Article 63. Such acts must be designed in a manner that ensures the protection of persons with multiple lawful identities against discrimination.
Amendment 638 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point d
Article 29 – paragraph 1 – subparagraph 1 – point d
Amendment 640 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point e
Article 29 – paragraph 1 – subparagraph 1 – point e
(e) the SIRENE Bureaux of the Member State for hits that occurred when creating or updating a SIS alert in accordance with the [Regulations on SIS in the field of border checks];
Amendment 641 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point f
Article 29 – paragraph 1 – subparagraph 1 – point f
Amendment 642 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 a (new)
Article 29 – paragraph 1 – subparagraph 1 a (new)
The authority responsible shall verify the identity as soon as possible and, in any event, within eight hours. If verification proves impossible, the border authorities shall carry out the verification when the person concerned next enters or exits an external border.
Amendment 643 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point f
Article 29 – paragraph 2 – point f
Amendment 646 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Where the SIRENE Bureau is responsible for manually verifying different identities but has not been involved in the addition of the new identity data which has given rise to a yellow link, it shall be informed immediately by the relevant authority which added the new identity data. The SIRENE Bureau shall carry out the manual verification of different identities as soon as possible and, in any event, within eight hours.
Amendment 647 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Without prejudice to paragraph 4, the authority responsible for verification of different identities shall have access to the related data contained in the relevant identity confirmation file and to the identity data linked in the common identity repository and, where relevant, in the SISrelevant information systems, and shall assess the different identities and shall update the link in accordance with Articles 31, 32 and 33 and add it to the identity confirmation file without delay.
Amendment 649 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Where the authority responsible for the verification of different identities in the identity confirmation file is the border authority creating or updating an individual file in the EES in accordance with Article 14 of the EES Regulation, and where a yellow link is obtained, the border authority shall carry out additional verifications as part of a second-line check. During this . For that purposec ond-line checkly, the border authorities shall have access to the related identity data contained in the relevant identity confirmation file and shall assess the different identities and shall update the link in accordance with Articles 31 to 33 and add it to the identity confirmation file without delay.
Amendment 650 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4a. The verification of different identities shall, as a rule, take place in the presence of the person concerned who should be offered the opportunity to explain the circumstances to the authority responsible, which should take those explanations into account. Where the verification leads to the establishment of a red link, the person concerned should receive a justification in writing.
Amendment 651 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. Where more than one link is obtained, the authority responsible for the verification of different identities shall assess each link separately. The authority responsible must ensure that the data subject is given the possibility to explain plausible reasons why there may be contradicting information within the different IT systems.
Amendment 652 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5a. The authority responsible for the manual verification of multiple identities must also assess whether there are plausible arguments presented by the third country national when deciding on the colour of the links. Such assessment should be performed, where possible, in the presence of the third-country national and, where necessary, by requesting additional clarifications or information. Such assessment should be performed without delay, in line with legal requirements for the accuracy of information under Union and national law.
Amendment 655 #
2017/0351(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) the linked data has different identity data, there is no biometric data to compare, and no manual verification of different identity has taken place.
Amendment 659 #
2017/0351(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Where the common identity repository (CIR) or the SISrelevant information systems are queried and where a green link exists between two or more of those information systems constituting the CIR or with the SIS, the multiple-identity detector shall indicate that the identity data of the linked data does not correspond to the same person. The queried information system shall reply indicating only the data of the person whose data was used for the query, without triggering a hit against the data that is subject to the green link.
Amendment 663 #
2017/0351(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point a
Article 32 – paragraph 1 – point a
(a) the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner;
Amendment 664 #
2017/0351(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point b
Article 32 – paragraph 1 – point b
(b) the linked data has similar identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner.
Amendment 666 #
2017/0351(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the CIR orEU information systems and the SIS are queried and where a red link exists between two or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall reply indicating the data referred to in Article 34. Follow-up to a red link shall take place in accordance with Union and national law. No legal consequence for the person or persons concerned shall derive solely from the existence of a red link.
Amendment 667 #
2017/0351(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 668 #
2017/0351(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Without prejudice to the provisions related to the handling of alerts in the SIS referred to in the [Regulations on SIS in the field of border checks, on SIS in the field of law enforcement and on SIS in the field of illegal return], and without prejudice to limitations necessary to protect security and public order, prevent crime and guarantee that any nalaid down in Article 13(3) if Directive (EU) 680/2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of preventional, investigation will not be jeopardised,, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data where a red link is created, the authority responsible for verification of different identities shall inform the person of the presence of multiple unlawfuljustified identities.
Amendment 672 #
2017/0351(COD)
Proposal for a regulation
Article 32 – paragraph 5 a (new)
Article 32 – paragraph 5 a (new)
5a. Where a Member State authority or EU body with access to one of the EU information systems or the SIS obtains evidence showing that a red link recorded in the MID is incorrect or that the data processed in the MID, the relevant EU information systems and the SIS were processed in breach of this Regulation, that authority shall, where the link relates to EU information systems either rectify or erase the link from the MID immediately, or where the link relates to the SIS, inform the relevant SIRENE Bureau of the Member State that created the SIS alert immediately. That SIRENE Bureau shall verify the evidence provided by the Member State authority and rectify or erase the link from the MID immediately thereafter.
Amendment 677 #
2017/0351(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Where the CIR or the SISinformation systems are queried and where a white link exists between one or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall indicate that the identity data of the linked data correspond to the same person. The queried information systems shall reply indicating, where relevant, all the linked data on the person, hence triggering a hit against the data that is subject to the white link, if the authority launching the query has access to the linked data under Union or national law.
Amendment 678 #
2017/0351(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
Amendment 684 #
2017/0351(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
The identity confirmation files and its data, including the links, shall be stored in the multiple-identity detector (MID) only for as long as the linked data is stored in two or more EU information systems. Once this condition is no longer met, the identity confirmation files and their data, including all related links, shall be deleted automatically.
Amendment 691 #
2017/0351(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The logs may be used only for data protection monitoring, including checking the admissibility of a request and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. To that end, access to those logs shall be granted as appropriate to the data controllers identified pursuant to Article 40, to national supervisory authorities designated pursuant to Article 51 of Regulation (EU)2016/679 and Article 41 of Directive (EU) 2016/680, and to the European Data Protection Supervisor. The logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased.
Amendment 692 #
2017/0351(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. eu-LISA shall establish as soon as possible automated data quality control mechanisms and procedures on the data stored in the EES, the [ETIAS], the VIS, and the SIS, the shared biometric matching service (shared BMS), the common identity repository (CIR) and the multiple-identity detector (MID)and the multiple-identity detector (MID). Those automated data quality control mechanisms should be adequately tested prior to the start of operations of the interoperability components in accordance with Article 62.
Amendment 695 #
2017/0351(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. eu-LISA shall establish common data quality indicators and the minimum quality standards to store data in the EES, the [ETIAS], the VIS, the SIS, the shared BMS, the CIR and the MID.
Amendment 700 #
2017/0351(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The details of the automated data quality control mechanisms and procedures and the common data quality indicators and the minimum quality standards to store data in the EES, the [ETIAS], the VIS, the SIS, the shared BMS, the CIR and the MID, in particular regarding biometric data, shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2).
Amendment 701 #
2017/0351(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. One year after the establishment of the automated data quality control mechanisms and procedures and common data quality indicators and every year thereafter, the Commission shall evaluate Member State implementation of data quality and, in particular, data quality issues deriving from erroneous historical data in existing EU information systems and in the SIS. The Commission shall make any necessary recommendations. The Member States shall provide the Commission with an action plan to remedy any deficiencies identified in the evaluation report and shall report on any progress against this action plan until it is fully implemented. The Commission shall transmit the evaluation report to the European Parliament, to the Council, to the European Data Protection Supervisor and to the European Union Agency for Fundamental Rights established by Council Regulation (EC) No 168/2007.75 _________________ 75 Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).
Amendment 704 #
2017/0351(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The UMF standard shall be used in the development of the EES, the [ETIAS], , the European search portal, the CIR, the MID and, if appropriate, in the development by eu- LISA or any other EU body of new information exchange models and information systems in the area of Justice and Home Affairs.
Amendment 705 #
2017/0351(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
Amendment 713 #
2017/0351(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. eu-LISA shall render the data anonymous, by ensuring that the data is non-identifiable, and shall record such anonymous data in the CRRS. The process for rendering the data anonymous shall be automated.
Amendment 714 #
2017/0351(COD)
Proposal for a regulation
Article 39 – paragraph 4 – point b
Article 39 – paragraph 4 – point b
(b) a secure communication infrastructure to connect the CRRS to the EES, [the ETIAS], the VIS and the SIS, as well as the central infrastructures of the shared BMS, the CIR and the MID.
Amendment 715 #
2017/0351(COD)
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. The Commission shall lay down detailed rules on the operation of the CRRS, including specific safeguards for processing of personal data referred to under paragraph 2 and 3 and security rules applicable to the repository by means of implementinga delegated acts. Those implementingat delegated acts shall be adopted in accordance with the examination procedure referred to in Article 64(2)3.
Amendment 717 #
2017/0351(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. In relation to the processing of data in the shared biometric matching service (shared BMS), the Member State authorities that are controllers for the VIS, EES, and SIS respectively, shall also be considered as controllers in accordance with Article 4(7) of Regulation (EU) 2016/679 in relation to the biometric templates obtained from the data referred to in Article 13 that they enter into respective systems and shall have responsibility for the processing of the biometric templates in the shared BMSprocessing of biometric data that they enter into respective systems. In relation to information security management of the shared BMS, eu-LISA shall be considered a controller.
Amendment 719 #
2017/0351(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
Amendment 722 #
2017/0351(COD)
Proposal for a regulation
Article 40 – paragraph 3 – point a
Article 40 – paragraph 3 – point a
(a) the European Border and Coast Guard Agency shall be considered a data controller in accordance with Article 2(b) of Regulation No 45/2001 in relation to processing of personal data by the ETIAS Central Unit. In relation to information security management of the ETIAS Central System, eu-LISA shall be considered a controller;
Amendment 723 #
2017/0351(COD)
Proposal for a regulation
Article 40 – paragraph 3 – point b
Article 40 – paragraph 3 – point b
(b) the Member State authorities adding or modifying the data in the identity confirmation file are also to be considered as controllers in accordance with Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of the personal data in the multiple-identity detector. In relation to information security management of the multiple- identity detector, eu-LISA shall be considered a controller;
Amendment 726 #
2017/0351(COD)
Proposal for a regulation
Article 41
Article 41
Amendment 728 #
2017/0351(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Both eu-LISA and the Member State authorities shall ensure the security of the processing of personal data that takes place pursuant to the application of this Regulation. eu-LISA shall be responsible for the central systems and Member State authorities shall be responsible for the security at the end-points controlling access to the systems, [the ETIAS Central Unit] and the Member State authorities shall cooperate on security-related tasks.
Amendment 729 #
2017/0351(COD)
Proposal for a regulation
Article 42 – paragraph 3 – point i
Article 42 – paragraph 3 – point i
(i) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation and to assess those security measures in the light of new technological developments.
Amendment 736 #
2017/0351(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679, Article 30 of Directive (EU) 2016/680, or both, Member States shall notify the Commission, eu- LISA, the national supervisory authority and the European Data Protection Supervisor of security incidents. In the event of a security incident in relation to the central infrastructure of the interoperability components, eu-LISA shall notify the Commission and the European Data Protection Supervisor.
Amendment 745 #
Amendment 746 #
2017/0351(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Without prejudice to the right tof information referred to in Articles 11 and 12 of Regulation (EC) 45/2001 and, Articles 13 and 14 of Regulation (EU) 2016/679, persons whose data are stored in the shared biometric matching service, the common identity repository orand Article 13 of Directive 2016/680, persons whose data are stored in one of the EU information systems, in the SIS, or in the multiple-identity detector shall be informed by the authority collecting their data, at the time their data are collected, about the processing of personal data for the purposes of this Regulation, including about identity and contact details of the respective data controllers, and about the procedures for exercising their rights of access, rectification and erasure, as well aslaid down in Article 47, and about the contact details of the European Data Protection Supervisor and of the national supervisory authority of the Member State responsible for the collection of the data.
Amendment 751 #
2017/0351(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1a. All information must be provided to data subjects in a manner and language which they understand, or are reasonably expected to understand. This must include providing information in an age- appropriate manner for data subjects who are minors.
Amendment 761 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. In order to exercise their rights under Articles 13, 14, 15 and 16 of Regulation (EC) 45/2001 and, Articles 15, 16, 17 and 18 of Regulation (EU) 2016/679, and Articles 14 and 16 of Directive (EU) 2016/680, any person shall have the right to address him or herself to the Member State responsible for the manual verification of different identities or of any Member State, who shall examine and reply to the request.
Amendment 765 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 1 a (new)
Article 47 – paragraph 1 a (new)
Amendment 766 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 1 b (new)
Article 47 – paragraph 1 b (new)
1b. The Commission shall adopt implementing acts concerning the detailed rules on the conditions for the operation of the web service and the data protection and security rules applicable. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64.
Amendment 767 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The Member State responsible for the manual verification of different identities as referred to in Article 29 or the Member State to which the request has been made, either directly from the data subject in accordance with paragraph 1 or via the web service established by eu- LISA in accordance with paragraph 2, shall reply to such requests at the latest within 145 days of receipt of the request.
Amendment 770 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. If a request for correction or erasure of personal data is made to a Member State other than the Member State responsible, the Member State to which the request has been made shall contact the authorities of the Member State responsible within seven days and the Member State responsible shall check the accuracy of the data and the lawfulness of the data processing within 3014 days of such contact. The person concerned shall be informed by the Member State which contacted the authority of the Member State responsible that his or her request was forwarded about the further procedure.
Amendment 775 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Where, following an examination, it is found that the data stored in the multiple-identity detector (MID) are factually inaccurate or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall correct or delete these data. The person concerned shall be informed that his or her data was corrected or deleted.
Amendment 786 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 7
Article 47 – paragraph 7
7. This decision shall also provide the person concerned with information explaining the possibility to challenge the decision taken in respect of the request referred in paragraph 3s 1 and 2, and, where relevant, information on how to bring an action or a complaint before the competent authorities or courts, and any assistance, including from the competent national supervisory authorities.
Amendment 787 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 8
Article 47 – paragraph 8
8. Any request made pursuant to paragraph 3s 1 or 2 shall contain the necessary information to identify the person concerned. That information shall be used exclusively to enable the exercise of the rights referred to in paragraph 31 and shall be erased immediately afterwards.
Amendment 788 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 9
Article 47 – paragraph 9
9. The responsible Member State or, where applicable, the Member State to which the request has been made shall keep a record in the form of a written document that a request referred to in paragraph 3s 1 and 2 was made and how it was addressed, and shall make that document available to competent data protection national supervisory authorities without delay.
Amendment 789 #
2017/0351(COD)
Proposal for a regulation
Article 47 a (new)
Article 47 a (new)
Article 47 a Liability Without prejudice to the right to compensation from, and liability under Regulation (EU) 2016/679, Directive (EU) 2016/680 and Regulation (EC) No 45/2001: (a) any person who has suffered material or non-material damage as a result of an unlawful personal data processing operation through the use of interoperability components or any other act by a Member State which is incompatible with this Regulation shall be entitled to receive compensation from that Member State; (b) any person who has suffered material or non-material damage as a result of an unlawful personal data processing operation through the use of interoperability components or any other act by Europol or by the European Border and Coast Guard Agency which is incompatible with this Regulation shall be entitled to receive compensation from Europol or the European Border and Coast Guard as appropriate. The Member State, Europol or the European Border and Coast Guard Agency shall be exempted from liability, in whole or in part, if they prove that they are not responsible for the event which gave rise to the damage.
Amendment 790 #
2017/0351(COD)
Proposal for a regulation
Article 47 b (new)
Article 47 b (new)
Article 47 b Penalties Member States shall ensure that any misuse of data, processing of data or exchange of data contrary to this Regulation is punishable in accordance with national law. The penalties provided shall be effective, proportionate and dissuasive and shall include the possibility for administrative and criminal penalties. Europol and the European Border and Coast Guard Agency shall ensure that members of their staff or members of their teams who misuse, process or exchange data contrary to this Regulation are subject to penalties. Those penalties shall be effective, proportionate and dissuasive.
Amendment 793 #
2017/0351(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
Personal data stored in, processed or accessed by the interoperability components shall not be transferred or made available to any third country, to any international organisation or to any private party, with the exception of transfers to Interpol for the purpose of carrying out the automated processing referred to in [Article 18(2)(b) and (m) of the ETIAS Regulation] or for the purposes of Article 8(2) of Regulation (EU) 2016/399. Such transfers of personal data to Interpol shall be compliant with the provisions of Article 9 of Regulation (EC) No 45/2001 and Chapter V of Regulation (EU) 2016/679.
Amendment 797 #
2017/0351(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. The supervisory authority or authorities designated pursuant to Article 4951 of Regulation (EU) 2016/679 and Article 41 of Directive (EU) 2016/680 shall ensure that an audit of the data processing operations by the responsible national authorities is carried out in accordance with relevant international auditing standards at least every four years.
Amendment 800 #
2017/0351(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
1 a. Member States shall ensure that their supervisory authorities designated pursuant to Article 51 of Regulation2016/679 and Article 41 of Directive 2016/680 monitor the lawfulness of the processing of personal data under this Regulation carried out by Member States’ relevant authorities.
Amendment 804 #
2017/0351(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Member States shall ensure that their supervisory authority has sufficient resourcesadditional resources, including both human and financial resources, to fulfil the tasks entrusted to it under this Regulation.
Amendment 806 #
2017/0351(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
The European Data Protection Supervisor shall ensure that an audit of eu-LISA’s personal data processing activities is carried out in accordance with relevant international auditing standards at least every four years. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission and the Member States. eu-LISA shall be given an opportunity to make comments before the reports are adopted. The EU Budgetary Authority shall ensure that the European Data Protection Supervisor has sufficient additional resources, including both human and financial resources, to fulfil the tasks entrusted to it under this Regulation.
Amendment 814 #
2017/0351(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. eu-LISA shall ensure that the central infrastructures of the interoperability components are operated in accordance with this Regulation. In that respect, eu-LISA shall follow the principles of data protection by design and by default.
Amendment 816 #
2017/0351(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
eu-LISA shall be responsible for the development of the interoperability components, for any adaptations required for establishing interoperability between the central systems of the EES, VIS, [ETIAS], SIS, and Eurodac, and [the ECRIS-TCN system], and the European search portal, the shared biometric matching service, the common identity repository and the multiple-identity detector.
Amendment 817 #
2017/0351(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 4
Article 52 – paragraph 3 – subparagraph 4
The development shall consist of the elaboration and implementation of the technical specifications, testing and overall project coordination. In that regard, the tasks of eu-LISA shall also be: (a) perform a security risk assessment; (b) follow the principles of privacy by design and by default during the entire lifecycle of the development of the interoperability components; and (c) conduct a security risk assessment regarding the interoperability of EU information systems, interoperability components, Europol data and Interpol databases.
Amendment 821 #
2017/0351(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 a (new)
Article 53 – paragraph 1 – subparagraph 1 a (new)
eu-LISA shall perform regular information security risk assessments for the interoperability components, implement a comprehensive information security risk management process and follow the principles of privacy by design and by default during the entire lifecycle of those interoperability components.
Amendment 823 #
2017/0351(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
Amendment 825 #
2017/0351(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a
Article 54 – paragraph 1 – point a
(a) the connection to the communication infrastructure of the European search portal (ESP) and the common identity repository (CIR);
Amendment 828 #
2017/0351(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b
Article 54 – paragraph 1 – point b
(b) the integration of the existing national systems and infrastructures with the ESP, shared biometric matching service, the CIR and the multiple-identity detector;
Amendment 830 #
2017/0351(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point d
Article 54 – paragraph 1 – point d
(d) the management of, and arrangements for, access by the duly authorised staff, and by the duly empowered staff, of the competent national authorities to the ESP, the CIR and the multiple- identity detector in accordance with this Regulation and the creation and regular update of a list of those staff and their profiles;
Amendment 832 #
2017/0351(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point e
Article 54 – paragraph 1 – point e
(e) the adoption of the legislative measures referred to in Article 20(3) in order to access the CIREU information systems for identification purposes;
Amendment 836 #
2017/0351(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 946 #
2017/0351(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
Amendment 951 #
2017/0351(COD)
Proposal for a regulation
Article 56 – paragraph 3 – introductory part
Article 56 – paragraph 3 – introductory part
3. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the multiple- identity detector, solely for the purposes of reporting and statistics without enabling individual identification:
Amendment 956 #
2017/0351(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
5. For the purpose of paragraph 1 of this Article, eu-LISA shall store the data referred to in paragraph 1 of this Article in the central repository for reporting and statistics referred to in Chapter VII of this Regulation. The data included in the repository shall not enablebe anonymised and shall not be such as to allow for the identification of individuals, but it shall allow the authorities listed in paragraph 1 of this Article to obtain customisable reports and statistics to enhance the efficiency of border checks, to help authorities processing visa applications and to support evidence-based policymaking on migration and security in the Union.
Amendment 961 #
2017/0351(COD)
Proposal for a regulation
Article 58 – title
Article 58 – title
58 Transitional period applicable to the provisions on access to the common identity repositoryESP or shared BMS for law enforcement purposes
Amendment 969 #
2017/0351(COD)
1. The costs incurred in connection with the establishment and operation of the ESP, the shared biometric matching service, the common identity repository (CIR) and the MID shall be borne by the general budget of the Union.
Amendment 971 #
2017/0351(COD)
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
3. The costs incurred by the designated authorities referred to in Article 4(24) shall be borne, respectively, by each Member State and Europol. The costs for the connection of the designated authorities to the CIR shall be borne by each Member State and Europol, respectively.
Amendment 976 #
2017/0351(COD)
Proposal for a regulation
Article 62 – paragraph 1 – point c
Article 62 – paragraph 1 – point c
(c) eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Articles 8(1), 13, 19, 34 and 39 and have notified them to the Commission;
Amendment 979 #
2017/0351(COD)
Proposal for a regulation
Article 62 – paragraph 1 a (new)
Article 62 – paragraph 1 a (new)
1 a. By way of derogation from paragraph 1, the measures referred to in Article 37 shall apply as of one year after the entry into force of this Regulation.
Amendment 980 #
2017/0351(COD)
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 8(2),9(7), 28(5) and 39(75) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Regulation].
Amendment 983 #
2017/0351(COD)
Proposal for a regulation
Article 63 – paragraph 3
Article 63 – paragraph 3
3. The delegation of power referred to in Articles 8(2),9(7), 28(5) and 39(75) 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 the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 984 #
2017/0351(COD)
Proposal for a regulation
Article 63 – paragraph 6
Article 63 – paragraph 6
6. A delegated act adopted pursuant to Articles 8(2),9(7), 28(5) and 39(75) 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 of the Council.
Amendment 991 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. By [Six months after the entry into force of this Regulation — OPOCE, please replace with the actual date] and every six months thereafter during the development phase of the interoperability components, eu-LISA shall submit a report to the European Parliament and the Council, the Council, and the European Data Protection Supervisor, on the state of play of the development of the interoperability components. Once the development is finalised, a report shall be submitted to the European Parliament and the Council explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.
Amendment 996 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 3
Article 68 – paragraph 3
3. For the purposes of technical maintenance, eu-LISA shall have access to the necessary information relating to the data processing operations performed in the interoperability components without having access to any personal data processed by those components.
Amendment 1007 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 8 – subparagraph 1 – introductory part
Article 68 – paragraph 8 – subparagraph 1 – introductory part
While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare annual reports on the effectiveness of access to data stored in the common identity repositoryEU information systems and the SIS for law enforcement purposes, containing information and statistics on:
Amendment 15 #
2016/2328(INI)
Motion for a resolution
Citation 20 d (new)
Citation 20 d (new)
- having regard to the Yogyakarta Principles plus 10 of 10 November 2017 on the Principles and State Obligations on the Application of International Human Rights Law in Relation to Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics;
Amendment 17 #
2016/2328(INI)
Motion for a resolution
Citation 20 e (new)
Citation 20 e (new)
- having regard to the Council of Europe Recommendation CM/Rec(2006)8 of 14 June 2006 of the Committee of Ministers to member states on assistance to crime victims;
Amendment 19 #
2016/2328(INI)
Motion for a resolution
Citation 20 f (new)
Citation 20 f (new)
- having regard to the Council of Europe Recommendation CM/Rec(2010)5 of 31 March 2010 of the Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation and gender identity;
Amendment 37 #
2016/2328(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there is still a systematic underreporting of incidences or perpetrators of domestic violence in the EU, particularly in cases involving minorities, LGBTI persons, antisemitic offences and gender-based violence;
Amendment 64 #
2016/2328(INI)
Motion for a resolution
Recital I – indent 4
Recital I – indent 4
- ensuring equal accessibility for all victims to victim support services, particularly in the cases of LGBTI victims and victims of hate crimes and honour- related crimes;
Amendment 71 #
2016/2328(INI)
Motion for a resolution
Recital I – indent 5 b (new)
Recital I – indent 5 b (new)
- Collecting data on and analysing the culture of violence, misogyny and gender stereotypes, and their link with the incidence of hate crimes.
Amendment 137 #
2016/2328(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the fact that individual assessments are crucial as they help the victim realise that he or sthey hasve certain rights, and the right to make decisions, from the very beginning of the legal proceedings;
Amendment 144 #
2016/2328(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victims, as a means of reducing post-traumatic stress; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- set; and help professionals prevent violence and provide appropriate support to vulnerable population groups, such as LGBTI people;
Amendment 181 #
2016/2328(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Calls on the Commission to include sectoral examinations in its monitoring and reporting, to ensure equal application of the directive to protect all victims irrespective of the ground of victimisation or specific characteristics, including race, colour, religion, gender, gender identity, gender expression, sexual orientation, sex characteristics, disability, migration status or any other status;
Amendment 210 #
2016/2328(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Member States to guarantee support services such as trauma support and counselling as a part of targeted support for victims with specific needs, such as children , LGBTI people and people with disabilities;
Amendment 241 #
2016/2328(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls on the Council to activate the passerelle clause by adopting a unanimous decision to identify violence against women and girls (and other forms of gender-based violence) as a criminal offence under Article 83(1) TFEU;
Amendment 277 #
2016/2314(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Warmly welcomes the Council of Europe’s decision to grant Kosovo observer status in its Parliamentary Assembly as of January 2017 in respect of Kosovo-related sessions; supports Kosovo’s efforts to integrate into the international community; calls, in this connection, for the participation of Kosovo in all the relevant regional and international organisations and urges Serbia to stop interfering in this process; regrets the recent tensions between Serbia and Kosovo and calls upon both sides to refrain from provocative steps and negative rhetoric;
Amendment 107 #
2016/2313(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regrets that the declared political commitment to combat corruption did not translate into tangible results; acknowledges progress in adopting anti- corruption action plans and setting up corruption prevention bodies at various levels of governance and calls for consistent and swift implementation of these decisions; notes with concern that fragmentation and weak inter-agency cooperation hamper the effectiveness of anti-corruption measures; calls for greater professional specialisation within the police and the judiciary by means of appropriate coordination channels; stresses the need to establish a track record of effective scrutiny of political party and electoral campaign financing;
Amendment 265 #
2016/2313(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the slight reduction in unemployment; remains concerned, however, that unemployment continues to be largely of a structural nature and that youth unemployment continues to be high, resulting in very high levels of brain drain; encourages BiH to actively participate in various programs designed for young people in the region, such as those in the framework of the Positive Agenda for the Youth in the Western Balkans or Regional Youth Cooperation Office (RYCO); calls on the competent authorities to introduce active labour market policies targeting in particular the youth, women and the long-term unemployed as well as reinforcing the capacities of the employment services;
Amendment 219 #
2016/2312(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Commends Albania on its continued full alignment with relevant EU declarations and Council conclusions, thereby demonstrating its clear commitment to European integration and solidarity; commends both Albania and Serbia on their continued commitment to improving bilateral relations and strengthening regional cooperation at political and societal level, for example through the Regional Youth Cooperation Office (RYCO) headquartered in Tirana; encourages both countries to continue their good cooperation in order to promote reconciliation in the region, particularly through programs for young people, such as those available in the framework of the Positive Agenda for the Youth in the Western Balkans;
Amendment 86 #
2016/2311(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the conduct of the parliamentary elections on 24 April 2016 which were assessed positively by the international observers; calls on the authorities to fully address the recommendations of the OSCE/ODIHR election observation mission, in particular biased media coverage, an undue advantage for incumbents and a blurring of the distinction between state and party activities; calls on the authority to properly investigate cases that arose elections and other campaign events which have been marked by violence and claims of intimidation and irregularities;
Amendment 145 #
2016/2311(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Repeats its call for proper reform of the offense of abuse of office and abuse of responsible position, such as to prevent possible misuse; notes that neither of previous reforms have addressed these calls and that the new wording of offense of abuse of a responsible position (article 227) still leaves room for arbitrary interpretation; calls on responsible authorities to either abolish, or sufficiently define the offense of abuse of responsible position in order to prevent its possible misuse in private sector; calls once again on independent and through review of reclassified cases related to abuse of responsible positions so that long-standing unjust prosecutions can be dropped immediately;
Amendment 157 #
2016/2311(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the progress made in the fight against organised crime and the adoption of Serbia’s first national serious and organise crime threat assessment (SOCTA); calls on Serbia to step up efforts to investigate wider criminal networks, improve financial investigations and intelligence-led policing and develop a solid track record of final convictions; has taken note ofregrets the controversial events in Belgrade’s Savamala district which show a profound lack of rule of law in the country and calls for their swift resolution;
Amendment 192 #
2016/2311(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates the importance of independent regulatory bodies, including the Ombudsman, in ensuring oversight and accountability of the executive; calls on the authorities to provide the Ombudsmanrefrain from accusations addressed to the Ombudsman and to provide this body with full political and administrative support for hits work;
Amendment 200 #
2016/2311(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that the legislative and institutional framework for observance of international human rights law is in place; stresses that consistent implementation across the whole country is needed; notes that further sustained efforts are needed to improve the situation of persons belonging to vulnerable groups, including Roma people, persons with disabilities, persons with HIV/AIDS and LGBTI persons; underlines, however, that discrimination and violence against LGBTI persons is still a matter of concern; calls on the authorities to ensure proper implementation of the adopted anti- discrimination legislation, especially the ones related to the hate crimes;
Amendment 216 #
2016/2311(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reiterates its concern that no progress has been made to improve the situation regarding freedom of expression and of the media; stresses that threats, violence and intimidation against journalists remain an issue of concern; calls on the authorities to, including accusations against media by state representatives; calls on the authorities to refrain from attacking critical media outlets, to rather publicly stand up for media freedom and safety of journalists, to ensure proper implementation of the media legislation and more proactively investigate any cases of attacks against journalists and media outlets; calls for the full implementation of media laws; underlines the need for complete transparency in media ownership and funding of media;
Amendment 269 #
2016/2311(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the fact that Serbia remains constructively committed to bilateral relations with other enlargement countries and neighbouring EU Member States; has taken positive note of the fact that Serbia has shown an increasingly constructive engagement in regional cooperation initiatives such as the South- East Europe Cooperation Process, the Regional Cooperation Council, the Central European Free Trade Agreement, the Adriatic-Ionian Initiative, the Brdo process, the Western Balkan Six initiative and its connectivity agenda and the Berlin process; stresses the importance of the Regional Youth Cooperation Office of the Western Balkans for the reconciliation in the region and for a better future of its youth and calls for all sides involved for their most serious commitment to it; calls on Serbia to implement the connectivity reform measures associated with the connectivity agenda; underlines that outstanding bilateral disputes should not have a detrimental effect on the accession process; welcomes the adoption of a national strategy for the investigation and prosecution of war crimes; notes that the mandate of the former War Crimes Prosecutor expired in December 2015; stresses that the appointment of his successor is a matter of serious concern; calls for the implementation of this strategy and the adoption of an operational prosecutorial strategy; calls for full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY); urges the authorities to continue working on the issue of the fate of missing persons;
Amendment 274 #
2016/2311(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the fact that Serbia remains constructively committed to bilateral relations with other enlargement countries and neighbouring EU Member States; has taken positive note of the fact that Serbia has shown an increasingly constructive engagement in regional cooperation initiatives such as the South- East Europe Cooperation Process, the Regional Cooperation Council, the Central European Free Trade Agreement, the Adriatic-Ionian Initiative, the Brdo process, the Western Balkan Six initiative and its connectivity agenda and the Berlin process; calls on Serbia to implement the connectivity reform measures associated with the connectivity agenda; underlines that outstanding bilateral disputes should not have a detrimental effect on the accession process; welcomes the adoption of a national strategy for the investigation and prosecution of war crimes; regrets, however, that there is not enough political support for establishing criminal justice for war crimes; notes that the mandate of the former War Crimes Prosecutor expired in December 2015; stresses that the appointment of his successor is a matter of serious concern; calls for the implementation of this strategy and the adoption of an operational prosecutorial strategy; calls for full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY); urges the authorities to continue working on the issue of the fate of missing persons;
Amendment 311 #
2016/2311(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Regrets, however, the recent tensions between Serbia and Kosovo and calls upon both sides to refrain from provocative steps and negative rhetoric;
Amendment 313 #
2016/2311(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Commends the role of the Chamber of Commerce and Industry of Serbia in promoting regional cooperation by taking a lead in setting up and developing the Western Balkan Chamber Investment Forum which plays important role in the framework of the Berlin Process; calls upon the Commission and other regional organizations such as Regional Cooperation Council and CEFTA to support the efforts of the Forum and facilitate its capacity building;
Amendment 298 #
2016/2310(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes Macedonia’s continued constructive role in regional and international cooperation; reiterates the importance of active participation in the regional youth-related initiatives, such as the Regional Youth Cooperation Office of the Western Balkans; commends the increased alignment with EU foreign policy (73 %); reiterates the importance of finalising the negotiations on a bilateral treaty with Bulgaria;
Amendment 162 #
2016/2309(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes the modest decline in unemployment; welcomes the new 2016- 2020 national strategy for employment and human resources development and the accompanying 2016 action plan; continues to be concerned about high youth unemployment and poor labour mobility; calls for proactive labour market measures to increase employment and to support young people through education, career guidance, training and employment; reiterates the importance of active participation in regional youth initiatives, such as Regional Youth Cooperation Office of the Western Balkans, including taking advantage of the existing programs designed to boost connectivity in the region and tackle youth unemployment;
Amendment 3 #
2016/2012(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the Employment, Social Policy, Health and Consumer Affairs Council configuration's decision to extend the application of the Directive 2004/113/EC to cover gender reassignment discrimination (Doc No. 13369/04 of 27 October 2004),
Amendment 5 #
2016/2012(INI)
Motion for a resolution
Citation 6
Citation 6
– having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), and article 3 thereof defining "gender" as "the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men",
Amendment 9 #
2016/2012(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the EU Fundamental Rights Agency’s LGBT survey (2013),
Amendment 10 #
2016/2012(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
– having regard to the EU Fundamental Rights Agency’s report "Professionally speaking: challenges to achieving equality for LGBT people",
Amendment 17 #
2016/2012(INI)
Motion for a resolution
Recital A
Recital A
A. whereas combating gender discrimination in the field of goods and services is an integral part of the principle of gender equality and equality between women and men which constitutes a fundamental value of the European Union recognised in the Treaties and in the Charter of Fundamental Rights;
Amendment 57 #
2016/2012(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is concerned that 13 Member States have not introduced explicit legal provisions protecting transgender people against discrimination in access to goods and services, contributing to legal uncertainty amidst high discrimination rates;
Amendment 66 #
2016/2012(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned that many insurance companies discriminate against transgender people by excluding trans- specific healthcare needs and considering transgender people as not insurable; is also concerned that intersex people face discriminatory practices when seeking to access life insurance and private health insurance due to their medical history; calls on the European Commission to look into instances of discrimination on the grounds of gender identity and sex characteristics in the insurance industry;
Amendment 72 #
2016/2012(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that while the prohibition of harassment, including sexual and gender- based harassment, is embedded in national legislation, women, transgender and intersex persons continue to experience forms of abuse on means of transport on a systematic and frequent basis and there is a persisting need to enhance preventive measures against harassment, including raising awareness among the service providers;
Amendment 121 #
2016/2012(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission, given the persisting gaps in the practical application of the Directive, to ask the European Network of Legal Experts in cooperation with equality bodies to draw up a new comprehensive report looking in particular at intersectional forms of gender inequalities, affecting women with disabilities, Roma and migrant women, lesbian, bisexual, transgender and intersex people;
Amendment 123 #
2016/2012(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission to include gender identity, gender expression and sex characteristics in any future proposal for a recast, and until then, to comprehensively monitor discrimination on these grounds in its future reports on the implementation of the directive and to issue specific guidance supporting inclusive transposition of the directive;
Amendment 48 #
2016/2009(INI)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
- having regard to the Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, adopted by the Foreign Affairs Council on 24 June 2013,
Amendment 53 #
2016/2009(INI)
Motion for a resolution
Citation 32
Citation 32
— having regard to its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity13 , being followed up by the List of actions by the European Commission to advance LGBTI Equality, presented at the EPSCO Council on 7 December 2015, __________________ 13 Texts adopted, P7_TA(2014)0062.
Amendment 72 #
2016/2009(INI)
Motion for a resolution
Citation 41 a (new)
Citation 41 a (new)
- having regard to Fundamental Rights Agency's EU LGBT Survey (2013), its report "Being Trans in the EU - Comparative analysis of the EU LGBT survey data" (2014), to its focus paper on the Fundamental Rights Situation of Intersex people (2015) and to its report "Professionally speaking: challenges to achieving equality for LGBT people" (2016),
Amendment 189 #
2016/2009(INI)
Motion for a resolution
Recital E
Recital E
E. whereas racism, xenophobia and hate crimediscrimination, hate crime and hate speech, motivated by racism, xenophobia, or bias against a person's religion or belief, age, disability, sexual orientation or gender identity, threaten the values of the EU and its Member States; whereas there is an increase in hate speech among political forces and increasing xenophobia and other bias in important sectors of the population;
Amendment 206 #
2016/2009(INI)
Motion for a resolution
Recital G
Recital G
G. whereas violence against women and gender-based violence is still ‘silently’ tolerated in many places and a zero tolerance approach is necessary;
Amendment 279 #
2016/2009(INI)
Motion for a resolution
Subheading 1
Subheading 1
Amendment 281 #
2016/2009(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Recalls, in line with international law, that human rights are universal and indivisible; this means that the human rights of one group cannot be used to undermine the rights of others. Human rights are always complementary, and a fair balance must be struck between the rights of all in a rich and diverse society;
Amendment 290 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Strongly deplores the fact that the Council has still not adopted the 2008 proposal for a directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the prioritisation of this directive by the Commission; reiterates its call to the Council to adopt the proposal as soon as possible;
Amendment 350 #
2016/2009(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges Member States to guarantee decent reception conditions in compliance with existing fundamental rights and asylum legislation, with special attention paid to vulnerable people and to reducing the risk of social exclusion of asylum seekers; calls on the Commission to monitor the implementation of the Common European Asylum System (CEAS), and in particular of Directive 2013/32/EU, with specific attention to asylum seekers in need of special procedural guarantees;
Amendment 444 #
2016/2009(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that appropriate treatment of victims, including victims of terrorism, is a demonstration of our societies’ solidarity with each victim and recognition that such treatment isensuring victims' fundamental rights, essential to the moral integrity of society; recalls in this regard that the rules that have applied across the EU since November 2015for robust policies to prevent violence and which meet the needs of victims, including a thorough assessment of the implementation of the EU Victims' Directive (2012/29/EU) which guarantees that people who fall victim to crime in the EU benefit from a minimum set of rights;
Amendment 559 #
2016/2009(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Expresses its concern that several Member States have insufficiently transposed provisions of Framework Decision 2008/913/JHA and calls on the Member States to fully transpose and implement EU standards and to ensure the enforcement of national legislation punishing all forms of hate crime, incitement to hatred and harassment, and systematically triggering the prosecution of those criminal offences; calls on the Commission to monitor the full transposition of the Framework Decision and to launch infringement procedures against those Member States that fail to transpose it;
Amendment 564 #
2016/2009(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Welcomes the fact that some EU Member States have extended the protection granted to victims of discrimination based on other grounds, such as sexual orientation or gender identity, when implementing the Framework Decision; calls on the Commission to start a dialogue with those Member States whose legislation does not cover homophobic and transphobic hate motives, aimed at filling the remaining legislative gap;
Amendment 580 #
2016/2009(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to support training programmes for law enforcement and judicial authorities, and for the relevant EU agencies, in preventing and tackling discriminatory practices and hate crime; calls on the Member States to provide the authorities responsible for investigation and prosecution with practical tools and skills to enable them to identify and deal with the offences covered by the Framework Decision, and to interact and communicate with victims;
Amendment 597 #
2016/2009(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the EU and the Member States to strengthen the role of human rights education in national curricula as a tool for preventing racism and related intolerance, homophobia and transphobia, and calls for greater rights awareness;
Amendment 634 #
2016/2009(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights that improvements are still needed to combat violence against women and gender-based violence, and calls on the Member States and the EU to sign and ratify the Istanbul Convention following the launch of the procedure by the Commission in March 2016;
Amendment 656 #
2016/2009(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to share Member States' best practices for addressing gender stereotypes at school.
Amendment 714 #
2016/2009(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Welcomes the adoption by the Council of Europe of its Strategy for the Rights of the Child (2016-2021) and in particular its focus on the need to counter discrimination against children with disabilities, children affected by migration, Roma children and LGBT and intersex children;
Amendment 718 #
2016/2009(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for a focus on violence against children at all levels, from homes to schools, public places and detention centres for migrants; encourages the European Commission to strengthen peer-learning between Member States on how to best address school bullying, in particular when it affects specific groups such as children with disabilities, LGBTI children or children from ethnic minority background;
Amendment 745 #
2016/2009(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights that child protection should be enhanced in the digital world and calls for further cooperation between the private and public sectors; encourages those involved to follow good examples of prevention and complaint mechanisms in online social media and to implement these EU-wide; calls on Member States to take measures to address cyber-bullying, and in particular, when it affects specific groups such as children with disabilities, LGBTI children or children from ethnic minority background;
Amendment 772 #
2016/2009(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Calls on Member States to prohibit unnecessary medical treatments on intersex children when they can be deferred, until the child can provide fully informed consent;
Amendment 856 #
2016/2009(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Highlights that discrimination on the basis of age is often combined with other forms of discrimination, such as discrimination on grounds of race and ethnicity, religion, sexual orientation and gender identity, disability, health or socio- economic conditions;
Amendment 868 #
Amendment 869 #
2016/2009(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Condemns all forms of discrimination and violence against lesbian, gay, bisexual, trans and intersex people (LGBTI) in the EU;
Amendment 870 #
2016/2009(INI)
Motion for a resolution
Paragraph 39 b (new)
Paragraph 39 b (new)
39 b. Welcomes the List of actions by the European Commission to advance LGBTI Equality, presented at the EPSCO Council on 7 December 2015 as an internal working document following up on the Parliament's resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity; calls, in this regard, on the Commission to make specific proposals in the evaluation of the list of actions, on how in the future to ensure coherence between external and internal EU policies, considering that the Foreign Affairs Council adopted the Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons on 24 June 2013;
Amendment 871 #
2016/2009(INI)
Motion for a resolution
Paragraph 39 d (new)
Paragraph 39 d (new)
39 d. Calls on Member States to continue implementing the Employment Equality Directive 2000/78/EC and Gender Recast Directive 2006/54/EC, ensuring non-discrimination in the workplace, including on the basis of sexual orientation and gender reassignment respectively; calls on the Commission to follow CJEU case law and to include the perspective of trans people throughout its gender equality work; encourages EU Member States to support trade unions and employers' organisations in their efforts to adopt diversity and non-discrimination policies with a focus on LGBTI people;
Amendment 872 #
2016/2009(INI)
Motion for a resolution
Paragraph 39 e (new)
Paragraph 39 e (new)
39 e. Reiterates that any legal recognition procedure which imposes forced sterilisation on transgender people is violating human rights standards; welcomes the recent adoption by a number of Member States of new legal gender recognition procedures more respectful of the fundamental rights of trans people. Calls on the European Commission to strengthen peer-learning among Member States to ensure their practices are in line with human rights standards;
Amendment 873 #
2016/2009(INI)
Motion for a resolution
Paragraph 39 f (new)
Paragraph 39 f (new)
39 f. Deplores the fact that transgender people are still considered mentally ill in the majority of Member States and calls on respective states to review national mental health catalogues, and to develop alternative stigma-free access models ensuring that medically necessary treatment remains available for all trans people;
Amendment 874 #
2016/2009(INI)
Motion for a resolution
Paragraph 39 g (new)
Paragraph 39 g (new)
39 g. Welcomes the initiative shown by the Commission in pushing for depathologisation of transgender identities in the review of the World Health Organisation's International Classification of Diseases (ICD); calls on the Commission to intensify efforts to prevent gender variance in childhood from becoming a new ICD diagnosis;
Amendment 875 #
2016/2009(INI)
Motion for a resolution
Paragraph 39 h (new)
Paragraph 39 h (new)
39 h. Strongly regrets that genital "normalisation" surgeries of intersex infants are widespread, despite not being medically necessary and being considered as a violation of the right to bodily integrity, by a number of UN bodies as well as the Fundamental Rights Agency; welcomes the fact that a few Member States have already adopted measures contributing to better protect the human rights of intersex people and calls on the European Commission to encourage the exchange of good practices amongst member states in protecting intersex human rights.
Amendment 938 #
2016/2009(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Notes that civil society organisations, including volunteering and youth work, play a key role in social and civic participation and calls on the EU and the Member States to support and to promote their work; calls on Member States and on the EU to uphold the freedom of assembly and of association as part of the Charter of Fundamental Rights of the European Union.
Amendment 953 #
2016/2009(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Calls on the Commission to submit a proposal for a regulation to ensure mutual recognition of civil status documents (including legal gender recognition, marriage and registered partnerships) and their legal effects, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;
Amendment 246 #
2016/0379(COD)
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1
Article 17 – paragraph 4 – subparagraph 1
The seat of the Agency shall beis in Ljubljana, Slovenia.
Amendment 367 #
2016/0379(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point k
Article 25 – paragraph 1 – point k
(k) be responsible for deciding whether it is exceptionally necessary for the purpose of carrying out the Agency's tasks in an efficient and effective manner to locate one or more staff in one or more Member States for the purpose of carrying out the Agency's tasks in an efficient and effective manner. The decision to establish a local office requires the prior consent of the Commission, the Administrative Board, the Member State of the Seat and the Member State or Member States concerned. The decision shall specify the scope of the activities to be carried out at that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency and that fully respects Decision 2009/913/EU.
Amendment 82 #
2016/0378(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) Decision 2009/913/EU taken by common agreement between the representatives of the governments of Member States of 7 December 2009 on the location of the seat of the Agency for the Cooperation of Energy Regulators provides that the European Agency for the Cooperation of Energy Regulators shall have its seat in Ljubljana, Slovenia. The seat of the Agency is the centre of its activities and the statutory functions of the Agency. Thus, the meetings of the statutory organs should take place at the seat.
Amendment 84 #
2016/0378(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The Agency’s host Member State should provide the best possible conditions to ensure the smooth and efficient functioning of the Agency, including multilingual, European- oriented schooling and appropriate transport connectionsSeat Agreement between the Government of the Republic of Slovenia and the Agency for the Cooperation of Energy Regulators was concluded on 26 November 2010 and entered into force on 10 January 2011. It is considered that the Seat Agreement and other specific arrangements fulfil the requirements of Regulations (EU) No 713/2009 and 863/2016.
Amendment 4 #
2016/0357B(COD)
Proposal for a regulation
Article 70 – paragraph 1 – point 1
Article 70 – paragraph 1 – point 1
Regulation EU 2016/794
Article 4 – paragraph 1– point n
Article 4 – paragraph 1– point n
(n) establish, manage and update the ETIAS watchlist referred to in Article 29 of [Regulation establishing a European Travel Information and Authorisation System (ETIAS)] in accordance with Article 18(2)(a).
Amendment 185 #
2016/0357A(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The ETIAS should establish a travel authorisation for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an irregular migration, or security or public health risk. Holding a valid travel authorisation should be a new entry condition for the territory of the Member States, however mere possession of a travel authorisation should not confer an automatic right of entry.
Amendment 191 #
2016/0357A(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The ETIAS should contribute to a high level of security, and to the prevention of irregular migration and to the protection of public health by providing an assessment of visitors prior to their arrival at the external borders crossing points.
Amendment 204 #
2016/0357A(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To meet its objectives, the ETIAS should provide an online application form that the applicant should fill in with declarations relating to his or her identity, travel document, residence information, contact details, education and current occupation, his or her condition of family member to EU citizens or third country nationals benefiting from free movement not holding a residence card, if the applicant is minor, identity of the responsible person and answers to a set of background questions (whether or not the applicant is subject to any disease with epidemic potential as defined by the International Health Regulations of the World Health Organisation or other infectious or contagious parasitic diseases, criminal records, presence in war zones, decision to return to borders/orders to leave territory). Access to the applicants' health data should only be allowed to determine whether they represent a threat to public healthcriminal records, presence in war zones).
Amendment 216 #
2016/0357A(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Most of the travel authorisations should be issued within minutes, however a reduced number could take up to 72 hours. For exceptional cases, where a request for additional information or documentation is notified to the applicant, the procedure could last up to two week17 working days.
Amendment 221 #
2016/0357A(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The personal data provided by the applicant should be processed by the ETIAS for the sole purposes of verifying in advance the eligibility criteria laid down in Regulation (EU) 2016/39924 and assessing whether the applicant is likely to irregularly migrate, whether the entry of the applicant in the Union could pose a threat to security or to public health in the Unionirregular migration risk. _________________ 24 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code).
Amendment 229 #
2016/0357A(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) When a "hit" on Interpol information systems (SLTD and TDAWN) occurs during the automated process, the Central Unit should conduct a specific check before the manual process in order to verify the accuracy of the hit, and the reasons of this traveller's travel document insertion in any of the Interpol information systems.
Amendment 233 #
2016/0357A(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Applicants who have been refused a travel authorisation should have the right to appeal. Appeal and to an effective remedy. Appeals and remedies should be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State.
Amendment 238 #
2016/0357A(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The screening rules should be used to analyse the application file by enabling a comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators corresponding to previously identified security, or irregular migration or public health risk. The criteria used for defining the specific risk indicators should in no circumstances be based on a applicant's race or ethnic origin, political opinions, religion or philosophicalsex, race, colour, ethnic or social origin, genetic features, language, religion or beliefs, trade upolitical or any other opinion, membership, sexual lif of a national minority, property, birth, disability, age or sexual orientation.
Amendment 243 #
2016/0357A(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) An ETIAS watchlist should be established for identifying connections between data in an ETIAS application file and information related to persons who are suspected of having committed an act of serious crime or terrorism, or regarding whom there are factual indications or reasonable grounds to believe that they will commit an act ofor taken part in a serious crimeinal or terrorismt offence. The ETIAS watchlist should be part of the data processed by Europol in accordance with Article 18(2)(a) of Regulation (EU) 2016/794 and Europol's Integrated Data Management Concept implementing that Regulation. When providing information to Europol, Member States should be able to determine the purpose or purposes for which it is to be processed, including the possibility to limit this processing to the ETIAS watchlist.
Amendment 250 #
2016/0357A(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The continuous emergence of new forms of security threats, new patterns of irregular migration and public health threats requires effective responses and needs to be countered with modern means. Since these means entail the processing of important amounts of personal data, appropriate safeguards should be introduced to keep the interference with the right to protection of private life and to the right of protection of personal data limited to what is necessary in a democratic society.
Amendment 291 #
2016/0357A(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The personal data recorded in the ETIAS should be kept for no longer than is necessary for its purposes. In order for the ETIAS to function, it is necessary to keep the data related to applicants for the period of validity of the travel authorisation. In order to assess the security, irregular migration and public health risks posed by the applicants it is necessary to keep the personal data for five years from the last entry record of the applicant stored in the EES. In fact, the ETIAS should rely on accurate preliminary assessments of the security, public health and irregular migration risks, notably through the use of the screening rules. In order to constitute a reliable basis for the manual risk assessment by the Member States, and reduce to the minimum the occurrence of hits not corresponding to real risks ('false positives'), the hits resulting from screening rules based on statistics generated by ETIAS data itself need to be representative of a sufficiently broad population. This cannot be achieved exclusively on the basis of the data of the travel authorisations in their validity period. The retention period should start from the last entry record of the applicant stored in the EES, since that constitutes the last actual use of the travel authorisation. A retention period of five years corresponds to the retention period of an EES record with an entry authorisation granted on the basis of an ETIAS travel authorisation or a refusal of entry. This synchronisation of retention periods ensures that both the entry record and the related travel authorisation are kept for the same duration and is an additional element ensuring the future interoperability between ETIAS and EES. This synchronisation of data retention periods is necessary to allow the competent authorities to perform the risk analysis requested by the Schengen Borders Code. A decision to refuse, revoke or annul a travel authorisation could indicate a higher security or irregular migration risk posed by the applicant. Where such a decision has been issued, the 52 years retention period for the related data should start from its date of issuance, in order for ETIAS to be able to take accurately into account the higher risk possibly posed by the applicant concerned. After the expiry of such period, the personal data should be deleted.
Amendment 306 #
2016/0357A(COD)
(48) In order to assess the security, or irregular migration or public health risk which could be posed by a traveller, interoperability between the ETIAS Information System and other information systems consulted by ETIAS such as the Entry/Exit System (EES), the Visa Information System (VIS), the Europol data, the Schengen Information System (SIS), the Eurodac and the European Criminal Records Information System (ECRIS) should have to be established. However this interoperability can only be fully ensured once the proposals to establish the EES33 , the ECRIS34 and the recast proposal of the Eurodac Regulation35 have been adopted. _________________ 33 Proposal for a Regulation of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) COM(2016) 194 final. 34 Proposal for a Directive of the European Parliament and of the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA. 35 Proposal for a Regulation of the European Parliament and of the Council on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of [Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person] , for identifying an illegally staying third- country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast) COM(2016) 272 final.
Amendment 309 #
2016/0357A(COD)
Proposal for a regulation
Recital 50 – indent 1
Recital 50 – indent 1
Amendment 318 #
2016/0357A(COD)
Proposal for a regulation
Recital 50 – indent 5
Recital 50 – indent 5
- to further specify the security, or irregular migration or public health risks to be used for the establishment of the risk indicators.
Amendment 335 #
2016/0357A(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a 'European Travel Information and Authorisation System' (ETIAS) for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an irregular migration, or security or public health risk. For this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced.
Amendment 358 #
2016/0357A(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 384 #
2016/0357A(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Amendment 399 #
2016/0357A(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) defining, testing, implementing, evaluating and revising the specific risk indicators as referred to in Article 28 after consultation of the ETIAS Screening Board and the ETIAS Ethics Board ;
Amendment 402 #
2016/0357A(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 431 #
2016/0357A(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 435 #
2016/0357A(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Interoperability between the ETIAS Information System and other information systems consulted by ETIAS such as [the Entry/Exit System (EES)], the Visa Information System (VIS), the Europol data, the Schengen Information System (SIS), [the Eurodac] and [the European Criminal Records Information System (ECRIS)] shall be established to enable carrying out the risk assessmentautomated processing referred to in Article 18.
Amendment 448 #
2016/0357A(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Processing of personal data within the ETIAS Information System by any user shall not result in discrimination against third country nationals on the grounds of sex, racial or ethnic origin, religion or beliefe, 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. It shall fully respect human dignity and integrity. Particular attention shall be paid to children, the elderly and persons with a disability.
Amendment 456 #
2016/0357A(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Applications may be lodged in the Member States’ consulates or the European Union delegations in the third countries listed in Annex II to Council Regulation (EC) No 539/2001, in the following cases : (a) the applicant was not able to lodge an application by filling in the online application form, for reasons related to age, disability, digital skills or access to the technology required to fill in the online application form; (b) the applicant was not able to lodge an application by filling in the online application form in advance, and where the travel is justified by urgent reasons, this being proven by documents substantiating unforeseeable and imperative reasons for entry.
Amendment 462 #
2016/0357A(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Where the official language(s) of the countries listed in Annex II of Council Regulation (EC) No 539/2001 do not correspond to the languages referred to in paragraph 3, factsheets with explanatory information concerning the content and the use of the public website and the mobile app for mobile devices and explanatory informationapplication lodging procedures and step-by-step information on the application form shall be made available in at least one of the official languages of the countries referred to.
Amendment 478 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point h
Article 15 – paragraph 2 – point h
Amendment 482 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point i
Article 15 – paragraph 2 – point i
Amendment 491 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point l – point i
Article 15 – paragraph 2 – point l – point i
(i) their status ofas a family member;
Amendment 495 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 502 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
Amendment 507 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) whether he or she has ever been convicted of any criminal offence in any countrylisted in the Annex over the last ten years;
Amendment 511 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point c
Article 15 – paragraph 4 – point c
(c) regarding any stay in a specific war or conflict zone over the last ten years and the reasons for the stay; If the applicant stayed in a specific war or conflict zone for purposes as humanitarian aid, journalism, academic research, the applicant should not answer positively to this question. If the applicant lived in a war or conflict zone and was a victim of that specific conflict or war, the applicant should not answer positively to this question.
Amendment 513 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point d
Article 15 – paragraph 4 – point d
Amendment 528 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
Amendment 563 #
2016/0357A(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The ETIAS Central System shall compare the relevant data referred to in Article 15(2)(a), (b), (d), (f), (g), (i), (m) and (8m) to the data present in the ETIAS watchlist referred to in Article 29.
Amendment 567 #
2016/0357A(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The ETIAS Central System shall compare the relevant data referred to in Article 15(2)(a), (f), (h) and (if) and the specific risk indicators referred to in Article 28.
Amendment 588 #
2016/0357A(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Pursuant to Article 18(2)(b) and (m), if a hit occurs on the TDAWN or the SLTD information systems, caused by an alert coming from any third country, the ETIAS Central Unit shall verify the accuracy of the hit and whether the notice associated to a travel document or the reporting of a travel document as lost, stolen or invalidated, were justified.
Amendment 596 #
2016/0357A(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. For third country nationals referred to in Article 2(1)(c), the travel authorisation as defined in Article 3(d) shall be understood as a decision issued in accordance with this Regulation indicating that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses a security or public health risk in accordance with Directive 2004/38/EC.
Amendment 631 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 4 – point a
Article 22 – paragraph 4 – point a
(a) where the hit corresponds to one or several of the categories laid down in Article 18(2)(a) toand (c), refuse a travel authorisation.
Amendment 637 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 4 – point b
Article 22 – paragraph 4 – point b
(b) where the hit corresponds to one or several of the categories laid down in Article 18(2) (b) and (d) to (m), assess the security or irregular migration risk and decide whether to issue or refuse a travel authorisation.
Amendment 648 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Where the automated processing laid down in Article 18(3) has reported that the applicant replied affirmatively to one of the questions referred to in Article 15(4), the ETIAS National Unit of the responsible Member State shall assess the irregular migration, or security or public health risk and decide whether to issue or refuse a travel authorisation.
Amendment 656 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. Where the automated processing laid down in Article 18(5) has reported a hit, the ETIAS National Unit of the responsible Member State shall assess the irregular migration, or security or public health risk and decide whether to issue or refuse a travel authorisation.
Amendment 667 #
2016/0357A(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The request for additional information or documentation shall be notified to the contact e-mail address recorded in the application file. The request for additional information or documentation shall clearly indicate the information or documentation that the applicant is required provide. The applicant shall provide the additional information or documentation directly to the ETIAS National Unit through the secure account service referred to in Article 6(2)(g) within 714 working days of the date of receipt of the request.
Amendment 672 #
2016/0357A(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. In exceptional circumstances, the ETIAS National Unit may invite the applicant for an interview at a consulate in his or her country of residence, or use modern means of communication to carry out an interview with the applicant.
Amendment 692 #
2016/0357A(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 715 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The ETIAS screening rules shall be an algorithm enabling the comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators pointing to irregular migration, or security or public health risks. The ETIAS screening rules shall be registered in the ETIAS Central System.
Amendment 720 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. The irregular migration, or security or public health risks shall be determined on the basis of:
Amendment 726 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point b
Article 28 – paragraph 2 – point b
(b) statistics generated by the ETIAS in accordance with Article 73 indicating abnormal rates of refusals of travel authorisations due to an irregular migration, or security or public health risk associated with a specific group of travellers;
Amendment 727 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point d
Article 28 – paragraph 2 – point d
(d) information provided by Member States concerning specific security risk indicators or threats identified by that Member State, substantiated by objective and evidence-based elements ;
Amendment 728 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point e
Article 28 – paragraph 2 – point e
(e) information provided by Member States concerning abnormal rates of overstayers and refusals of entry for a specific group of travellers for that Member State, substantiated by objective and evidence-based elements ;
Amendment 730 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point f
Article 28 – paragraph 2 – point f
Amendment 735 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 to further specify the irregular migration, or security or public health risks referred to in paragraph 2.
Amendment 738 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point c
Article 28 – paragraph 4 – point c
Amendment 741 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point d
Article 28 – paragraph 4 – point d
Amendment 746 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The specific risk indicators shall be targeted and proportionate. They shall in no circumstances be based on a person's race or ethnic origin, political opinions, religion or philosophicalsex, race, colour, ethnic or social origin, genetic features, language, religion or beliefs, trade upolitical or any other opinion, membership, sexual lif of a national minority, property, birth, disability, age or sexual orientation.
Amendment 748 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
6. The specific risk indicators shall be defined, modified, added and deleted by the ETIAS Central Unit after consultation of the ETIAS Screening Board and the ETIAS Ethics Board.
Amendment 751 #
2016/0357A(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The ETIAS watchlist shall consist of data related to persons who are suspected of having committed or taken part in a serious criminal offence or persons regarding whoma there are factual indications or reasonable grounds to believe that they will commit criminalrorist offences.
Amendment 755 #
2016/0357A(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point b
Article 29 – paragraph 2 – point b
(b) information related to terrorist offences or other serious criminal offences provided by Member States; Member States are accountable of the information they provide and their accuracy.
Amendment 756 #
2016/0357A(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
Amendment 757 #
2016/0357A(COD)
Proposal for a regulation
Article 29 – paragraph 3 – introductory part
Article 29 – paragraph 3 – introductory part
3. On the basis of the information referred to in paragraph 2 and relevant Europol data, Europol shall establish the ETIAS watchlist composed of items consisting of one or moreat least two of the following data elements:
Amendment 759 #
Amendment 763 #
2016/0357A(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Amendment 764 #
2016/0357A(COD)
Proposal for a regulation
Article 29 b (new)
Article 29 b (new)
Article 29b Review procedure of the ETIAS Watchlist Europol shall foresee a procedure to review and verify regularly the accuracy of the data elements present in the Watchlist. The Member states having provided information related to terrorist offences or other serious criminal offences shall be associated to the review procedure.
Amendment 765 #
2016/0357A(COD)
Proposal for a regulation
Article 29 c (new)
Article 29 c (new)
Article 29c Withdrawing data from the ETIAS Watchlist Europol shall ensure the data items in the Watchlist are accurate and up-to-date. Following the review procedure, items of data shall be withdrawn from the Watchlist if it is proven that the reasons they were inserted are no longer met, or that the data elements are obsolete or not up-to-date.
Amendment 766 #
2016/0357A(COD)
Proposal for a regulation
Article 29 d (new)
Article 29 d (new)
Amendment 773 #
2016/0357A(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the examination of an application pursuant to the procedures laid down in Chapters III, IV and V indicates that there are no factual indications or reasonable grounds to conclude that the presence of the person on the territory of the Member States poses an irregular migration, or security or public health risk, a travel authorisation shall be issued by the ETIAS Central System or the ETIAS National Unit of the responsible Member State.
Amendment 786 #
2016/0357A(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point a
Article 31 – paragraph 1 – subparagraph 1 – point a
(a) presents a travel document which is reported as lost, stolen or invalidated;, pursuant to the verification foreseen in Article 20(3)(a).
Amendment 797 #
2016/0357A(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point d
Article 31 – paragraph 1 – subparagraph 1 – point d
Amendment 803 #
2016/0357A(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Applicants who have been refused a travel authorisation shall have the right to appeal. Appeal and to an effective remedy. Appeals and remedies shall be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State. Appeals and remedies shall be supervised by a judicial body. The ETIAS National Unit of the responsible Member State shall provide applicants with information regarding the procedure to be followed in the event of an appeal or a remedy.
Amendment 815 #
2016/0357A(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point c
Article 32 – paragraph 2 – point c
(c) the detailed and specific ground(s) for refusal of the travel authorisation, as laid down in Article 31(1); This information shall be sufficient for applicants to formulate meaningful appeals and remedies.
Amendment 819 #
2016/0357A(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point d
Article 32 – paragraph 2 – point d
(d) information on the procedure to be followed for an appeal or a remedy.
Amendment 825 #
2016/0357A(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point e
Article 33 – paragraph 1 – point e
(e) the detailed and specific ground(s) for refusal of the travel authorisation as laid down in Article 31(1).
Amendment 830 #
2016/0357A(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. A person whose travel authorisation has been annulled shall have the right to appeal. Appeal and to an effective remedy. Appeals and remedies shall be conducted in the Member State that has taken the decision on the annulment in accordance with the national law of that Member State.
Amendment 838 #
2016/0357A(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. An applicant whose travel authorisation has been revoked shall have the right to appeal. Appeal and to an effective remedy. Appeals and remedies shall be conducted in the Member State that has taken the decision on the revocation and in accordance with the national law of that Member State.
Amendment 840 #
2016/0357A(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point c
Article 36 – paragraph 1 – point c
(c) the detailed and specific ground(s) for the annulment or revocation of the travel authorisation, as laid down in Article 31(1); This information shall be sufficient for applicants to formulate meaningful appeals and remedies.
Amendment 842 #
2016/0357A(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point d
Article 36 – paragraph 1 – point d
(d) information on the procedure to be followed for an appeal or a remedy.
Amendment 846 #
2016/0357A(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The application file shall also indicate the detailed and specific ground(s) for annulment or revocation as laid down in Article 31(1).
Amendment 850 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. A travel authorisation with limited territorial validity may be issued exceptionally, when the Member State or Member States concerned considers it necessary on humanitarian grounds, for reasons of national interest or because of international obligations notwithstanding the fact that the manual assessment process pursuant to Article 22 is not yet completed or that a travel authorisation has been refused, annulled or revoked.
Amendment 854 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. For the purposes of paragraph 1, the applicant may apply for a travel authorisation with limited territorial validity to the Member States to which he or she intends to travel. He or she and shall indicate the humanitarian grounds, the reasons of national interest or the international obligations in his or her application.
Amendment 855 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. The Member State to which the third country national intends to travel first shall be the Member State responsible for deciding whether to issue or refuse a travel authorisation with limited territorial validity.
Amendment 859 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. A travel authorisation with limited territorial validity shall be valid for the territory of the issuing Member States concerned and for a maximum of 1530 days.
Amendment 900 #
2016/0357A(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. The competent authorities shall submit a reasoned electronic request for consultation of a specific set of data stored in the ETIAS Central System to the central access points referred to in Article 8(2)(c). Where consultation of data referred to in Article 15(2 (4)(ib) and (4)(b) to (dc) is sought, the reasoned electronic request shall include a justification of the necessity to consult those specific data.
Amendment 903 #
2016/0357A(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. Each Member State shall ensure prior to accessing ETIAS Central System that according to its national law and procedural law a request for consultation undergoes an independent, efficient and timely verification whether the conditions referred to in Article 45 are fulfilled, including whether any request for consultation of data referred to in Article 15(2 (4)(ib) and (4)(b) to (dc) is justified.
Amendment 905 #
2016/0357A(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. In an exceptional case of urgency, where there is a need to immediately obtain personal data necessary for preventing the commission of a serious crime or for prosecuting its perpetratorsprevent an imminent danger associated with a terrorist offence or other serious criminal offence, the central access point shall process the request immediately and without the independent verification provided in paragraph 2. An ex post independent ex post verification shall take place without undue delay after the processing of the request, including whether an exceptional case of urgency actually existedverify whether the conditions referred to in Article 45 are fulfilled, including whether an exceptional case of urgency actually existed. The ex post independent verification shall take place without undue delay after the processing of the request.
Amendment 907 #
2016/0357A(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. Where an ex post independent verification determines that the consultation of and access to the data recorded in the ETIAS Central System were not justified, all the authorities that accessed and/or consulted such data shall erase the data originating from the ETIAS Central System and shall inform the central access point of the erasure. Member States shall take all measures necessary to ensure that the provisions of Article 44(4) are implemented and foresee penalties applicable to the infringement of Article 44(4) and Article 45, according to their national law. All the conditions referred to in Article 45 shall be fulfilled. If the ex post verification determines they were not and that no exceptional case or urgency actually existed, effective, proportionate and dissuasive penalties shall apply.
Amendment 914 #
2016/0357A(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) the consultation is necessary for the purpose of the prevention, detection or investigation of a terrorist offences or another serious criminal offence;
Amendment 916 #
2016/0357A(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
(b) access for consultation is necessary in aand proportionate in the specific case;
Amendment 919 #
2016/0357A(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
(c) reasonable groundssubstantial evidence exists to consider that the consultation of data stored in the ETIAS Central System maywill substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under the category of third country nationals covered by this Regulation;
Amendment 921 #
Amendment 926 #
2016/0357A(COD)
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
4. Consultation of the ETIAS Central System shall, in the event of a hit with data recorded in an application file, give access to the data referred to in Article 15(2)(a) to (g) and (j) to (m) as recorded in that application file as well as to data entered in that application file in respect of the issuing, refusal, revocation or annulment of a travel authorisation in accordance with Articles 33 and 37. Access to the data referred to in Article 15(2)(i4) (b) and in (4) (b) to (d(c) as recorded in the application file shall only be given if consultation of that data was explicitly requested by the operating units in the reasoned electronic request submitted under Article 44(1) and approved by the independent verification. Consultation of the ETIAS Central System shall not give access to data concerning the education as referred to in Article 15(2)(h) or on whether or not the applicant may pose a public health risk as referred to in Article 15(4)(a).
Amendment 931 #
2016/0357A(COD)
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
Article 46 – paragraph 2 – introductory part
2. The reasoned request shall contain evidence that all the following conditions are met:
Amendment 932 #
2016/0357A(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
(b) the consultation is necessary in aand proportionate in the specific case;
Amendment 935 #
2016/0357A(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point d
Article 46 – paragraph 2 – point d
(d) reasonable groundssubstantial evidence exists to consider that the consultation mayof data stored in the ETIAS Central System will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question;
Amendment 937 #
2016/0357A(COD)
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
4. Consultation of the ETIAS Central System shall, in the event of a hit with data stored in an application file, give access to the data referred to in Article 15(2)(a) to (g) and (j) to (m) as well as to the data entered in the application file in respect to the issuing, refusal, revocation or annulment of a travel authorisation in accordance with Articles 33 and 37. Access to the data referred to in Article 15(24)(ib) and in (4)(b) to (d(c) as stored in the application file shall only be given if consultation of that data was explicitly requested by Europol.
Amendment 941 #
2016/0357A(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
Amendment 946 #
2016/0357A(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
(c) fivetwo years from the last decision to refuse, revoke or annul the travel authorisation in accordance with Articles 31, 34 and 35.
Amendment 966 #
2016/0357A(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. The European Border and Coast Guard Agency is to be considered a data controller in accordance with Article 2(d) of Regulation (EC) No 45/2001 in relation to the processing of personal data in the ETIAS Central System. In relation to information security management of the ETIAS Central System, the European Border and Coast Guard Agency and eu- LISA are to be considered joint controllers.
Amendment 970 #
2016/0357A(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Both eu-LISA and, the ETIAS National Units and the European Border and Coast Guard Agency shall ensure the security of processing of personal data takes place pursuant to the application of this Regulation. eu-LISA and, the ETIAS National Units and the European Border and Coast Guard Agency shall cooperate on security related tasks.
Amendment 985 #
2016/0357A(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Personal data accessed from the ETIAS Central System by a Member State or by for the purposes referred to in Article 1(2) shall not be transferred or made available to any third country, international organisation or private entity established in or outside the Union. The prohibition shall also apply if those data are further processed at national level or between Member States.
Amendment 1001 #
2016/0357A(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point b
Article 61 – paragraph 1 – point b
(b) information concerning the website and the mobile application for a web device where the application can be launched, and the exceptional lodging procedures in Member States consulates or EU Delegations in third countries listed in Annex II to Council Regulation (EC) No 539/2001;
Amendment 1004 #
2016/0357A(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point d
Article 61 – paragraph 1 – point d
(d) that decisions on applications must be notified to the applicant, that such decisions must state clearly, where relevant, the reasons for refusal on which they are based and that applicants whose applications are refused have a right to appeal and to an effective remedy, with information regarding the procedure to be followed in the event of an appeal or a remedy, including the competent authority, as well as the time limit for lodging an appeal or a remedy;
Amendment 1008 #
2016/0357A(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
The Commission shall, in cooperation with the ETIAS Central Unit, and the Member States, accompany the start of the ETIAS operation with an information campaign, to inform third country nationals falling within the scope of this Regulation of their travel authorisation requirement to be in possession of a valid travel authorisation for crossing the external borders. This information campaign shall be launched in all the official languages of the Member States, and in at least one of the official languages of each third country whose nationals fall within the scope of this Regulation.
Amendment 1010 #
2016/0357A(COD)
2. The infrastructures supporting the public website, the mobile app and the carrier gateway shall be hosted in eu-LISA' sites or in Commission sites. These infrastructures shall be geographically distributed to provide the functionalities laid down in this Regulation in accordance with the conditions of data protection by design and default, security, availability, quality and speed laid down in paragraph 3.
Amendment 1016 #
2016/0357A(COD)
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 2
Article 63 – paragraph 3 – subparagraph 2
eu-LISA shall define the design of the physical architecture of the system including its Communication Infrastructure as well as the technical specifications and their evolution as regards the Central System, the Uniform Interfaces, which shall be adopted by the Management Board, subject to a favourable opinion of the Commission. eu-LISA shall also implement any necessary adaptations to the EES, SIS, Eurodac, ECRIS or VIS deriving from the establishment of interoperability with the ETIAS.
Amendment 1021 #
2016/0357A(COD)
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 3 a (new)
Article 63 – paragraph 3 – subparagraph 3 a (new)
eu-LISA shall define the design of the physical architecture and handle the technical management of the ETIAS Watchlist.
Amendment 1023 #
2016/0357A(COD)
Proposal for a regulation
Article 64 – paragraph 1 – subparagraph 1
Article 64 – paragraph 1 – subparagraph 1
Following the entry into operations of the ETIAS, eu-LISA shall be responsible for the technical management of the Central System and, the National Uniform Interfaces and the ETIAS Watchlist. It shall ensure, in cooperation with the Member States, at all times the best available technology, subject to a cost- benefit analysis. eu-LISA shall also be responsible for the technical management of the Communication Infrastructure between the Central system and the National Uniform Interfaces as well as for the public website, the mobile app for mobile devices, the email service, the secure account service, the carrier gateway, the web service and the software to process the applications referred to in Article 6.
Amendment 1037 #
2016/0357A(COD)
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. The common leaflet shall be drawn up and set up by the Commission. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 79(2) and shall contain at a minimum the information referred to in Article 61. The leaflet shall be clear and simple and available in a language version the person concerned understands or is reasonably assumed to understandll the official languages of the Member States, and in at least one of the official languages of each third country whose nationals fall within the scope of this Regulation.
Amendment 1039 #
Amendment 1042 #
2016/0357A(COD)
Proposal for a regulation
Article 73 – paragraph 1 – point e
Article 73 – paragraph 1 – point e
Amendment 1047 #
2016/0357A(COD)
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1
Article 73 – paragraph 2 – subparagraph 1
For the purpose of paragraph 1, eu-LISA shall, according to the principles of data protection by design and by default, establish, implement and host a central repository containing the data referred to in paragraph 1 which would not allow for the identification of individuals and would allow the authorities listed in paragraph 1 to obtain customisable reports and statistics to improve the assessment of the irregular migration, and security and health risks, to enhance the efficiency of border checks, to help the ETIAS Central Unit processing the travel authorisation applications and to support evidence-based Union migration policymaking. The repository shall also contain daily statistics on the data referred to in paragraph 4. Access to the central repository shall be granted by means of secured access through S-TESTA with control of access and specific user profiles solely for the purpose of reporting and statistics.
Amendment 1051 #
2016/0357A(COD)
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Article 73 – paragraph 2 – subparagraph 2
Amendment 1074 #
2016/0357A(COD)
Proposal for a regulation
Article 78 – paragraph 5
Article 78 – paragraph 5
5. A delegated act adopted pursuant to Article 15(2) and (4), Article 16(4), Article 28(3) and, Article 72(1) and (4) and Article 73 (2) 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 of the Council.
Amendment 1076 #
2016/0357A(COD)
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. By [Six months after the entry into force of this Regulation – OPOCE, please replace with the actual date] and every six months thereafter during the development phase of the ETIAS Information System, eu-LISA shall submit a report to the European Parliament and the Council on the state of play of the development of the Central System, the Uniform Interfaces and the Communication Infrastructure between the Central System and the Uniform Interfaces. Once the development is finalised, a report shall be submitted to the European Parliament and, the Council and the EDPS explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.
Amendment 1090 #
2016/0357A(COD)
Proposal for a regulation
Article 81 – paragraph 8 – subparagraph 2
Article 81 – paragraph 8 – subparagraph 2
Member States’ and Europol’s annual reports shall be transmitted to the Commission and the European Parliament by 30 June of the subsequent year.
Amendment 1091 #
2016/0357A(COD)
Proposal for a regulation
Annex 1 a (new)
Annex 1 a (new)
Annex 1a List of criminal offences referred to in Article 15(4)(b) 1. terrorist offences 2. participation in a criminal organisation, 3. trafficking in human beings, 4. sexual exploitation of children and child pornography, 5. illicit trafficking in narcotic drugs and psychotropic substances, 6. illicit trafficking in weapons, munitions and explosives, 7. corruption, 8. fraud, including that against the financial interests of the Union, 9. laundering of the proceeds of crime and counterfeiting of currency, including the euro, 10. computer-related crime/cybercrime, 11. environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties, 12. facilitation of unauthorised entry and residence, 13. murder, grievous bodily injury, 14. illicit trade in human organs and tissue, 15. kidnapping, illegal restraint and hostage-taking, 16. organised and armed robbery, 17. illicit trafficking in cultural goods, including antiques and works of art, 18. counterfeiting and piracy of products, 19. forgery of administrative documents and trafficking therein, 20. illicit trafficking in hormonal substances and other growth promoters, 21. illicit trafficking in nuclear or radioactive materials, 22. rape, 23. crimes within the jurisdiction of the International Criminal Court, 24. unlawful seizure of aircraft/ships, 25. sabotage, 26. trafficking in stolen vehicles, 27. industrial espionage, 28. arson, 29. racism and xenophobia.
Amendment 631 #
2016/0223(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
The form and content of that information shall be determined by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 58 (1) of Regulation (EU)XXX/XXX [Procedures regulation.]., as a minimum, include the elements set out in Annex II.* (* Annex II to be discussed with the shadow rapporteurs on the basis of an informal compromise proposal.)
Amendment 650 #
2016/0223(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. NAs soon as possible, and in any event no later than 3015 days after international protection has been granted, a residence permit shall be issued using the uniform format as laid down in Regulation (EC) No 1030/2002.
Amendment 741 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1
Article 36 – paragraph 1 – subparagraph 1
As soon as possible after international protection is granted and within five working days at the latest, as outlined in Article 22(1) of Regulation EU no xxx/xxx[Procedures regulation], competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or, where necessary, by an organisation responsible for the care and well-being of minors, or by any other appropriate representation including that based on legislation or court order.
Amendment 742 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 a (new)
Article 36 – paragraph 1 – subparagraph 1 a (new)
Member States shall ensure that a guardian is placed in charge of a limited number of not more than 20 unaccompanied minors at the same time to ensure that the guardian is able to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian. To this end, unaccompanied minors shall be given information in a child-friendly manner and in a language they understand, about who these entities or persons are and how to report complaints against their guardians in confidence and safety.
Amendment 749 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. The persons and organisations working with unaccompanied minors shall receive continuous appropriate training concerning the rights and needs of minors and child safeguarding standards will be respected as referred to in Art 22 of Regulation EU No xxx/xxx[Procedures regulation]. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary qualifications and expertise to that end and shall not have a verified record of child-related crimes or offences. In order to ensure the minor’s well-being and social development, the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.
Amendment 139 #
2016/0222(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘'family members’': means family members as defined in Article [2(9)] of Regulation (EU) XXX/XXX29 [Qualification Regulation]; __________________ 29the following members of the applicant's family who are present on the territory of the Member States - the spouse of the applicant or his or her unmarried partner in a stable relationship where the law or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals, - the minor children of couples referred to in the first indent or of the applicant... and regardless whether they were born out of wedlock or adopted as defined or recognised under national law, - when the applicant is a minor..., the father, mother or another adult responsible for the applicant, whether by law or by practice of the Member State where the adult is present, - the sibling or siblings of the applicant; OJ C […], […], p. […].
Amendment 147 #
2016/0222(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘applicant with special reception needs’: means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive, such as applicants who are minors, unaccompanied minors, disabled people, impaired persons, lesbian, gay, bisexual, trans- and intersex persons, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders, including post-traumatic stress disorder (PTSD) and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual or gender-based violence, such as victims of female genital mutilation.
Amendment 153 #
2016/0222(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 155 #
2016/0222(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States may introduce or retain more favourable provisions as regards reception conditions for applicants and their depending close relatives who are present in the same Member State, or for humanitarian reasons, insofar as these provisions are compatible with this Directive.
Amendment 156 #
2016/0222(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall inform applicants, as soon as possible and at the latest when they are lodgmaking their application for international protection, of any established benefits and of the obligations with which they must comply relating to reception conditions. They shall point out in the information provided that the applicant is not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as stated in Article 17a of the same Directive in any Member State other than where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation]in relation to reception conditions.
Amendment 164 #
2016/0222(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall not impose unnecessary or disproportionate documentation or other administrative requirements on applicants before granting them the rights to which they are entitled under this Directive for the sole reason that they are applicants for international protection, or on the sole basis of an applicant’s nationality.
Amendment 179 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
2. Member States shall where necessarmay decide on the residence of an applicant in a specific place for any of the following reasons:
Amendment 185 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point c
Article 7 – paragraph 2 – subparagraph 1 – point c
Amendment 206 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where there are reasons for considering that there is a risk that an applicant may abscond, Member States shallmay, where necessary and proportionate, require the applicant to report to the competent authorities, or to appear before them in person, either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding. Such a decision shall be taken in writing and be subject to judicial review. Such judicial review shall be carried out ex-officio if it is maintained for a period of longer than two months.
Amendment 211 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Member States shall provide for the possibility of granting applicants temporary permission to leave their place of residence or assigned area and to reside elsewhere. Decisions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if they are negative.
Amendment 228 #
2016/0222(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall not hold a person in detention for the sole reason that he or she is an applicant or on sole basis of an applicants' nationality.
Amendment 299 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Member States shall ensure that applicants have access to the labour market no later than 6two months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.
Amendment 303 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Where the Member State has accelerated the examination on the merits of an application for international protection in accordance with points [(a) to (f)] of Article [40(1)] of Regulation (EU) No XXX/XXX [Procedures Regulation]established that the applicant has no right to international protection, access to the labour market shall not be granted.
Amendment 307 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Amendment 330 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point ii
Article 15 – paragraph 3 – subparagraph 2 – point ii
Amendment 346 #
2016/0222(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Language courses Member States shall provide applicants effective access to language courses free of charge from the date when the application for international protection was made.
Amendment 347 #
2016/0222(COD)
Proposal for a directive
Article 15 b (new)
Article 15 b (new)
Article 15b Vocational training Member States may allow applicants access to vocational training irrespective of whether they have access to the labour market. Access to vocational training relating to an employment contract shall depend on the extent to which the applicant has access to the labour market in accordance with Article 15.
Amendment 365 #
2016/0222(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. When assessing the resources of an applicant, when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4, Member States shall observefully respect the principle of proportionality. Member States shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Member States shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health.
Amendment 398 #
2016/0222(COD)
Proposal for a directive
Article 17a – paragraph 1
Article 17a – paragraph 1
Amendment 400 #
2016/0222(COD)
Proposal for a directive
Article 17a – paragraph 2
Article 17a – paragraph 2
Amendment 405 #
2016/0222(COD)
Proposal for a directive
Article 17a – paragraph 3
Article 17a – paragraph 3
Amendment 449 #
2016/0222(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall take into account the specific situation of applicants with special reception needs, as defined in Article 2, in the national law implementing this Directive. Member States shall systematically assess whether the applicant is an applicant with special reception needs. Member States shall also indicate the nature of such needs. Member States shall also ensure that applicants can indicate themselves that they have special needs and that these indications are assessed. That assessment shall be integrated into the assessment referred to in [the Asylum Procedures Regulation], which may take place within existing national procedures. Member States shall ensure that those special reception needs are also addressed, in accordance with this Directive, if they become apparent at a later stage in the asylum procedure.
Amendment 457 #
2016/0222(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
That assessment shall be initiated as early as possible, and no later than 30 days, after an application for international protection is made and may be integrated into existing national procedures or into the assessment referred to in Article [19] of Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States shall ensure that those special reception needs are also addressed, in accordance with this Directive, if they become apparent at a later stage in the asylum procedure.
Amendment 486 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary qualifications and expertise to that end and shall not have a verified record of child- related crimes or offences. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.
Amendment 489 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Member States shall ensure that a guardian is not placed in charge of a disproportionalimited number of not more than 20 unaccompanied minors at the same time that would render him or her uno ensure that the guardian is able to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian. To this end, unaccompanied minors shall be given information in a child-friendly manner and in a language they understand, about who these entities or persons are and how to file complaints against their guardians in confidence and safety.
Amendment 497 #
2016/0222(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that persons who have been subjected to sexual and gender-based harmviolence, other forms bias-motivated violence, torture, rape or other serious acts of psychological, physical or sexual violence areceive the necessary treatment provided with holistic rehabilitation services for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care as well as qualified counselling, with the support of a qualified interpreter where needed. Access to that support shall be as early as possible after a victim has been identified.
Amendment 500 #
2016/0222(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Those working with victims of gender-based harm, torture, rape or other serious acts of violencepsychological, physical or sexual violence, including health professionals in charge of implementing paragraph 1, shall have had and shall continue to receive appropriate training concerning their needs and appropriate rehabilitation methods, and shall be bound by the confidentiality rules provided for in national law and professional ethics codes, in relation to any information they obtain in the course of their work.
Amendment 524 #
2016/0222(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each Member State shall draw up a contingency plan setting out the planned measures to be taken to ensure an adequate reception of applicants in accordance with this Directive in cases where the Member State is confronted with a disproportionate number of applicants for international protection. The applicants for international protection are to be understood as those required to be present on its territory, including those for whom the Member State is responsible in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation], taking into account the corrective allocation mechanism outlined in Chapter VII of that Regulation.
Amendment 21 #
2016/0142(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The circumstances mentioned in this Regulation for which the EU would be enabled to respond must nevertheless be accompanied by a robust set of guarantees and measures to protect human rights, along with reports and statistics supplied by the European agencies and the competent law enforcement authorities.
Amendment 59 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EC) No 539/2001
Article 1a – paragraph 4
Article 1a – paragraph 4
(i) The circumstances mentioned in this Regulation for which the EU would be enabled to respond must nevertheless be accompanied by a robust set of guarantees and measures to protect human rights, along with reports and statistics supplied by the European agencies and the competent law enforcement authorities.
Amendment 154 #
2016/0106(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) No 1077/2011 amending Regulation (EC) No 767/2008 and Regulation (EU) No 1077/2011 (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 170 #
2016/0106(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to specify the objectives of the Entry/Exit System (EES) and its technical architecture, to lay down rules concerning its operation and use and to define responsibilities for the system, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, the authorities authorised to access the data, the conditions for accessing the data and further rules on data processing and the protection of personal data.
Amendment 201 #
2016/0106(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Four fingerprints and the facial image of visa exempt third country nationals should be enrolled in the EES, if physically possible, to allow for accurate verification and identification (ensuring that the third country national is not already enrolled under another identity or with another travel document) and to guarantee that sufficient data is available in every circumstance. The check of the fingerprints and of the facial image of visa holders will be done against the Visa Information System. (VIS) established by Council Decision 2004/512/EC21. The facial image of both visa exempt and visa holding third country nationals should be registered in the EES and it should be used as the main biometric identifier for verifying the identity of third country nationals who have been previously registered in the EES and for as long as their individual file has not been deleted. Alternatively, that verification should be performed using fingerprints. _________________ 21 Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, p.5).
Amendment 218 #
2016/0106(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation should define the authorities of the Member States which may be authorised to have access to the EES to enter, amend, delete or consult data for the specific purposes of the EES and to the extent necessary for the performance of their tasks, as well as the conditions under which they may be so authorised.
Amendment 222 #
2016/0106(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Any processing of EES data should be proportionate to the objectives pursued and necessary for the performance of tasks of the competent authorities. When using the EES, the competent authorities should ensure that the human dignity and integrity of the person, whose data are requested, are respected and should not discriminate against persons on grounds of 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, gender expression, gender identity or sexual orientation.
Amendment 225 #
2016/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In the fight against terrorist offences and other serious criminal offences, it is imperative that law enforcement authorities have the most up- to-date information if they are to perform their tasks. Access to VIS data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related to human being trafficking, terrorism or drug trafficking. Access to the information contained in the EES is necessary to prevent, detectAccess to the information contained in the EES might be helpful in preventing, detecting and investigateing terrorist offences as referred to in Council Framework Decision 2002/475/JHA23 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA24. The data generated by the EES mayight be used as an identity verification tool both in cases where the third country national has destroyed his/her documents and where law enforcement authorities are investigating a crime through the use of fingerprints or facial image and wish to establish an identity. It mayight also be used as a criminal intelligence tool to construct evidence by tracking the travel routes of a person suspected of having committed a crime or a victim of crime. Therefore, the data in the EES shouldmight in the future be available, to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the conditions set out in this Regulation. _________________ 23 Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6). 24 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1)
Amendment 235 #
2016/0106(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Moreover, Europol plays a key role with respect to cooperation between Member States’ authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently,Europol might also be granted access to the EES within the framework of its competences and tasks and in accordance with Council Decision 2009/371/JHA.25 The European Data Protection Supervisor should monitor the processing of personal data by Europol and should also have access to the EESensure full compliance within the framework of its tasks and in accordance with Council Decision 2009/371/JHA.25Charter of Fundamental Rights of the European Union and the Treaties. _________________ 25Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).
Amendment 239 #
2016/0106(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Access to the EES for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with the fundamental rights to respect for the private life of individuals and to protection of personal data of persons whose personal data are processed in the EES. Any such interference must be in accordance with the law, which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any unlawful use of the system should be sanctioned. Any interference must be necessary in a democratic society to protect a legitimate and proportionate interest and proportionate to the legitimate objective to achieve.
Amendment 246 #
2016/0106(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It is necessary to designate the competent authorities of the Member States as well as the central access point through which the requests for access to EES data are made and to keep a list of the operating units within the designated authorities that are authorised to request such access for the specific purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences. Member States should also adopt measures to prevent and sanction unlawful use of the system.
Amendment 248 #
2016/0106(COD)
(21) Requests for access to data stored in the Central System should be made by the operating units within the designated authorities to the central access point and should be duly justified. The operating units within the designated authorities that are authorised to request access to EES data should not act as a verifying authority. The central access points should act independently of the designated authorities and should be responsible for ensuring, in an independent manner, strict compliance with the conditions for access as established in this Regulation. In exceptional cases of urgency, where early access is necessary to respond to a specific and actual threat related to terrorist offences or other serious criminal offences, the central access point should be able to process the request immediately and only carry out the verification afterwards, without undue delay, following the processing of the request.
Amendment 262 #
2016/0106(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The personal data stored in the EES should be kept for no longer than istrictly necessary for the purposes of the EES. It is appropriate related to the use of the system. It is sufficient to keep the data related to third country nationals for a period of five years for border management purposes in order to avoid the need for third country nationals to re-enrol in the EES before that period has lapsedwho have lawfully used the system for a period of eighteen months for border management purposes. For third -country nationals who are family members of a Union citizen to whom Directive 2004/38/EC27 applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, it is appropriate to store each coupled entry/ exit record for a maximum period of one year after the last exit. _________________ 27 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
Amendment 265 #
2016/0106(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) A five yearsufficient data retention period is necessary to allow the border guard performing the necessary risk analysis requested by the Schengen Borders Code before authorising a traveller entering the Schengen area. The processing of visa application in consular posts requires also analysing the travel history of the applicant to assess the use of previous visas and the respect of the conditions of stay. The abandoning of passport stamping will be compensated by a consultation of the EES. The travel history available in the system should therefore cover a period of time which is sufficient for the purpose of visa issuance. The five year data retention period will reduce the re- enrolment frequency and will be beneficial for all travellers as the average border crossing time will decrease as will do the waiting time at border crossing points. Even for a traveller entering only once in the Schengen area, the fact that other travellers being already registered in the EES will not have to re-enrol will reduce the waiting time at border. This data retention period will also be necessary to allow for facilitation for the border crossing by using process accelerators and self-service systems. Such facilitation is dependent of the data registered in the system. A shorter data retention period would have a negative impact on the duration of border controls. A shorter data retention period would also reduce the group of travellers that can benefit of such facilitation and thereby undermine the stated objective of EESabandoning of passport stamping will be compensated by a consultation of the EES. This data retention period will also be necessary to allow for facilitation for the border crossing by using process accelerators and self-service systems. Such facilitation is dependent of the data registered in the system. The main objective of the EES should be to facilitate border crossing.
Amendment 278 #
2016/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The same retention period of five years would be necessary for data on personData related to third-country nationals who have not exited the territory of the Member States within the authorised period of stay in order to support the identification and return process and forand persons whose entry for a short stay {or on the basis of a touring visa} has been refused should be kept for a period of three years in order to support the identification and return process. The data should be deleted after the period of fivthree years, unless there are grounds to delete it earlier.
Amendment 279 #
2016/0106(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Precise rules should be laid down as regards the responsibilities for the development and operation of the EES and the responsibilities of the Member States for the connection to the EES. Member States should be able to use resources available through their national programmes under the Internal Security Fund for the development and operation of the EES at national level. The Agency for the operational management of large- scale information systems in the area of freedom, security and justice, established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council28, should be responsible for the development and operational management of a centralised EES in accordance with this Regulation and the relevant provisions of Regulation (EU) No 1077/2011 should be amended accordingly. _________________ 28 Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 286, 1.11.2011, p 1).
Amendment 306 #
2016/0106(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) This Regulation establishing the EES replaces the obligation to stamp passports of third country nationals which is applicable by all acceding Member States. Stays in Member States which are not yet fully applying the Schengen acquis in accordance with their respective Acts of Accession should not be taken into account in the calculation of the duration of the authorised stay in the Schengen area. Such Member States should register in the EES the stay of third country nationals butand the automated calculator in the system should not compute it as part of the authorised length of stay.
Amendment 315 #
2016/0106(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. TFor the purposes of prevention, detection and investigation of terrorist offences or of other serious criminal offences, this Regulation also lays down in its Chapter IV the conditions and limitations under which Member States' designated law enforcement authorities and the European Police Office (Europol) may obtain access for consultation of the EES for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offences.
Amendment 353 #
2016/0106(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Agency for the operational management of large-scale information systems in the area of freedom, security and justice ('eu-LISA') shall develop the EES and ensure its operational management, including the functionalities for processing biometric data referred to in Article 14(1)(f) and Article 15, as well as adequate security.
Amendment 355 #
2016/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Amendment 363 #
2016/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) allow tohe identifyication and detection of overstayers (also within the territory) and enable competent national authorities of the Member States to take appropriate measures including to increase the possibilities for return; (Article 5 shall be divided into 3 paragraphs corresponding to the different purposes of the Regulation relating to the different legal basis used.)
Amendment 371 #
2016/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) In addition to paragraph 1, for the purpose of the prevention, detection and investigation of terrorist offences or of other serious criminal offences and in accordance with the conditions set out in this Regulation, the EES shall: (Article 5 shall be divided into 3 paragraphs corresponding to the different purposes of the Regulation relating to the different legal basis used.)
Amendment 383 #
2016/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
3. In order to facilitate border crossing for third-country nationals who frequently travel and have been pre- vetted, Member States may establish national facilitation programmes in accordance with Article 8e of Regulation 2016/399 and connect them to the EES. (Article 5 shall be divided into 3 paragraphs corresponding to the different purposes of the Regulation relating to the different legal basis used and for consistency with the amendments to the Schengen borders code relating to the possible use of national facilitation programmes.)
Amendment 387 #
2016/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) a secure Communication Infrastructure between the Central System and the National Uniform Interfaces.
Amendment 397 #
2016/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 413 #
2016/0106(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Stays in Member States which are not yet fully applying the Schengen acquis in accordance with their respective Acts of Accession shall not be taken into account in the calculation of the duration of the authorised stay in the Schengen area. Those Member States shall register the stays of third country nationals in the EES. The automated calculator in the system shall not however compute stays in Member States which are not yet fully applying the Schengen acquis as part of the authorised length of stay.
Amendment 427 #
2016/0106(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa. The carrier shall provide the data listed in Article 14(1)(d). The web service shall on that basis provide the carriers with an OK/NOT OK answer. Carriers may store the information sent and the answer received for a maximum of 48 hours after which the data shall be automatically deleted.
Amendment 430 #
2016/0106(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Detailed rules on the conditions for operation of the web service and the data protection and security rules applicable to the web service shall be adopted in accordance with the examination procedure referred to in Article 61(2). Relevant stakeholders shall be consulted in the development phase of the web service.
Amendment 437 #
2016/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where it is necessary to create or update the individual file data of a visa holder, the border authorities may retrieve and import the data provided for in Article 14(1) (d), (e) and to (g) directly from the VIS in accordance with Article 18a of Regulation (EC) No 767/2008.
Amendment 444 #
2016/0106(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point f
Article 14 – paragraph 1 – point f
(f) the facial image, where possible extracted electronically from the eMRTD or the VIS, and where this is not possible, taken live. Facial images taken live shall be in accordance with the specifications for the minimum level of quality for the resolution and use of facial images taken live adopted by the Commission in accordance with the examination procedure referred to in Article 61(2);
Amendment 450 #
2016/0106(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. In order to create the individual file of a visa holding third country national the data provided for in paragraph 1 (d), (e) and to (g) may be retrieved and imported directly from the VIS by the border authority in accordance with Article 18a of Regulation (EC) No 767/2008.
Amendment 459 #
2016/0106(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
However, where the physical impossibility is of a temporary nature, the person shall be required to give the fingerprints at the subsequent entry. The border authorities shall be entitled to request further clarification on the grounds for the temporary impossibility to provide fingerprints. This information shall be limited to what is strictly necessary for the clarification of such grounds and shall be stored in the individual file until such time as the person is able to give fingerprints but no longer than the retention period for that individual file.
Amendment 465 #
2016/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where a decision has been taken by the border authority, in accordance with Article 14 of Regulation (EU) 2016/399 and Annex V thereto, to refuse the entry of a third country national referred to in Article 2(2) of this Regulation to the territories of the Member States, and where no previous file has been registered in the EES for that third country national the border authority shall create an individual file in which it shall enter the alphanumeric data required pursuant to Article 14(1) in the case of visa holding third country nationals and the alphanumeric data required pursuant to Article 15(1) in the case of visa exempt third country nationals.
Amendment 504 #
2016/0106(COD)
Proposal for a regulation
Article 26 – paragraph 3 – subparagraph 2
Article 26 – paragraph 3 – subparagraph 2
The designated authority and the central access point mayshall not be part of the same organisation if permitted under national law, but t. The central access point shall act independently when performing its tasks under this Regulation. The central access point shall be separate from the designated authorities and shall not receive instructions from them as regards the outcome of the verification.
Amendment 517 #
2016/0106(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. In an exceptional case of urgency, where there is a need to prevent an imminent danger associated with a terrorist offence or another serious criminal offence, the central access point(s) shall process the request immediately and shall only verify ex post whether all the conditions of Article 29 are fulfilled, including whether an exceptional case of urgency actually existed. The ex post verification shall take place without undue delay and not later than 48 hours after the processing of the request.
Amendment 522 #
2016/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) access for consultation is necessary for the purpose of the prevention, detection or investigation of a terrorist offences or another serious criminal offence, thus making a search of the database proportionate if there is an overriding public security concern;
Amendment 526 #
2016/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) access for consultation is necessaryproportionate in athe specific case;
Amendment 529 #
2016/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) evidence or reasonable grounds exist to consider that the consultation of the EES data may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation;
Amendment 530 #
2016/0106(COD)
2. The access to the EES as a criminal identification tool for the purpose of identifying an unknown suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed when the conditions listed in paragraph 1 are met and the following additional conditions are met:a prior search has been conducted in national databases without success.
Amendment 532 #
2016/0106(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point a
Article 29 – paragraph 2 – point a
Amendment 533 #
2016/0106(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point b – paragraph 1
Article 29 – paragraph 2 – point b – paragraph 1
Amendment 534 #
2016/0106(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point b – paragraph 2
Article 29 – paragraph 2 – point b – paragraph 2
Amendment 539 #
2016/0106(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The access to the EES as a criminal intelligence tool to consult the travel history or the periods of stay in the Schengen area of a known suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed when the conditions listed in paragraph 1 are met and where there is a duly justified need to consult the entry/exit records of the person concerned.
Amendment 549 #
2016/0106(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
(a) the consultation is necessary to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol's mandate, thus making a search of the database proportionate if there is an overriding public security concerncompetences;
Amendment 551 #
2016/0106(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) the consultation is necessaryproportionate in athe specific case;
Amendment 553 #
2016/0106(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
(c) evidence or reasonable grounds exist to consider that the consultation may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation.
Amendment 558 #
2016/0106(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. The processing of information obtained by Europol from consultation with EES data shall be subject to the authorisation of the Member State of origin. That authorisation shall be obtained via the Europol national unit of that Member State. The European Data Protection Supervisor shall monitor the processing of personal data by Europol.
Amendment 561 #
2016/0106(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Each entry/exit record or refusal of entry record linked to an individual file shall be stored for five yearin the Central System for eighteen months following the date of the exit record or of the refusal of entry record, as applicable.
Amendment 567 #
2016/0106(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Each individual file together with the linked entry/exit record(s) or refusal of entry records shall be stored in the EESCentral System for fivthree years and one day following the date of the last exit record if there is no entry record within fivthree years from that last exit record or refusal of entry record.
Amendment 574 #
2016/0106(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of fivthree years following the last day of the authorised stay. The EES shall automatically inform the Member States three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.
Amendment 584 #
2016/0106(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. By way of derogation tofrom paragraphs (2) and (3), the entry/exit record(s) generated by third country nationals in their condition ofwho are family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, shall be stored in the EES for a maximum of one year after the last exit record.
Amendment 585 #
2016/0106(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Upon expiry of the retention period referred to in paragraphs 1 and 2to 4 such data shall automatically be erased from the Central System.
Amendment 592 #
2016/0106(COD)
Proposal for a regulation
Article 32 – paragraph 6 – introductory part
Article 32 – paragraph 6 – introductory part
6. Where a third country national has acquired the nationality of a Member State or has fallen under the scope of Article 2(3) before the expiry of the period referred to in Article 31, the individual file and the records linked to it in accordance with Articles 14 and 15 shall be deleted without delay, without delay and in any event no later than 48 hours from the moment the relevant Member State becomes aware of that fact, be deleted from the EES as well as, where applicable, from the list of identified persons referred to in Article 11:
Amendment 595 #
2016/0106(COD)
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
7. The Central System shall immediately inform all Member States and eu-LISA of the erasure of data from the EES and where applicable from the list of identified persons referred to in Article 11.
Amendment 596 #
2016/0106(COD)
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
The Commission shall adopt the following measures necessary for the development and technical implementation of the Central System, the National Uniform Interfaces, and the secure Communication Infrastructure, in particular measures for:
Amendment 599 #
2016/0106(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a a (new)
Article 33 – paragraph 1 – point a a (new)
(aa) the specifications for the minimum level of quality for the resolution and use of facial images extracted electronically from the eMRTD or the VIS and for facial images taken live for biometric verification and identification in the EES;
Amendment 601 #
2016/0106(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
Amendment 603 #
2016/0106(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c
Article 33 – paragraph 1 – point c
Amendment 605 #
2016/0106(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point d
Article 33 – paragraph 1 – point d
Amendment 612 #
2016/0106(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 4
Article 34 – paragraph 1 – subparagraph 4
The development shall consist of the elaboration and implementation of the technical specifications, testing and overall project coordination as well as of the carrying out of risk assessments on the system. Throughout the entire life cycle of the system, the development principles of privacy by design and privacy by default shall be taken fully into account.
Amendment 619 #
2016/0106(COD)
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 2 – introductory part
Article 36 – paragraph 1 – subparagraph 2 – introductory part
Each Member State shall ensure that the data collected and recorded in the EES is processed lawfully, and in particular that only duly authorised staff have access to the data for the performance of their tasks. The Member State responsible shall ensure in particular that:
Amendment 621 #
2016/0106(COD)
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. eu-LISA shall keep the European Data Protection Supervisor informed throughout the entire life cycle of the EES from its development to its operation and data.
Amendment 632 #
2016/0106(COD)
Proposal for a regulation
Article 38 – paragraph 2 – point d a (new)
Article 38 – paragraph 2 – point d a (new)
(da) a final decision ordering the return of the third-country national has been issued by the appropriate competent authority of the Member State in which the third-country national has been staying.
Amendment 644 #
2016/0106(COD)
(aa) the period for which the data are retained;
Amendment 645 #
2016/0106(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point a b (new)
Article 44 – paragraph 1 – point a b (new)
(ab) the consequences should the authorised duration of stay be exceeded, which may result in the addition of the individual's data to a list as provided for in Article 11(2);
Amendment 650 #
2016/0106(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point e a (new)
Article 44 – paragraph 1 – point e a (new)
(ea) the right for overstayers to have their personal data deleted where they provide evidence that they exceeded the authorised duration of stay due to unforeseeable and serious events;
Amendment 652 #
2016/0106(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Without prejudice to Article 12 of Directive 95/46/EC any third country national shall have the right to obtain the data relating to him or her recorded in the EES and of the Member State which transmitted it to the EES. Such data shall be provided to the third-country national concerned within two months of the date of receipt of a request.
Amendment 657 #
2016/0106(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. If a request for correction or deletion is made to a Member State other than the Member State responsible, the authorities of the Member State to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the EES within a time limit of one month14 days if that check can be done without consulting the Member State responsible. Otherwise the Member State other than the Member State responsible shall contact the authorities of the Member State responsible within a time limit of 143 days and the Member State responsible shall check the accuracy of the data and the lawfulness of the data processing within a time limit of one month14 days.
Amendment 659 #
2016/0106(COD)
Proposal for a regulation
Article 46 – paragraph 3 – subparagraph 2
Article 46 – paragraph 3 – subparagraph 2
In the event that visa-related data recorded in the EES are factually incorrect or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall first check the accuracy of these data against the VIS and if necessary will amend them in the EES. Should the data recorded in the VIS be the same as in the EES, the Member State responsible or the Member State to which the request was made , shall contact the authorities of the Member State responsible for entering these data in the VIS within a time limit of 143 days. The Member State responsible for entering the data in the VIS shall check the accuracy of the visa related data and the lawfulness of its processing in the EES within a time limit of one month14 days and inform the Member State responsible or the Member State to which the request has been made which shall, if necessary, amend or erase them without delay from the EES and, where applicable, from the list of persons referred to in Article 11(2).
Amendment 661 #
2016/0106(COD)
Proposal for a regulation
Article 46 – paragraph 6
Article 46 – paragraph 6
6. Any request made pursuant to paragraphs 1 and 2 shall contain the necessaryminimum information necessary to identify the person concerned, including fingerprints. Fingerprints may be used for the identification of the person concerned only in cases where there are substantive doubts as to the identity of that person. That information shall be used exclusively to enable t the exercise of the rights referred to in paragraphs 1 and 2 and shall be erased immediately afterwards.
Amendment 666 #
2016/0106(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. In each Member State any person shall have the right to bring an action or a complaint before the competent authorities or courts of that Member State which refused the right of access to or the right of correction or deletion of data relating to him, provided for in Article 46. The right to bring such an action or complaint shall also apply in cases where requests for access, correction or deletion were not answered within the deadlines provided for in Article 46 or were never dealt with by the data controller.
Amendment 667 #
2016/0106(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. The supervisory authority shall ensure that an audit of the data processing operations in the National System is carried out in accordance with relevant international auditing standards at least every fourtwo years.
Amendment 672 #
2016/0106(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The European Data Protection Supervisor shall ensure that an audit of the Agency's personal data processing activities is carried out in accordance with relevant international auditing standards at least every fourtwo years. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission and the national supervisory authorities. eu- LISA shall be given an opportunity to make comments before the report is adopted.
Amendment 674 #
2016/0106(COD)
Proposal for a regulation
Article 50 – paragraph 3 a (new)
Article 50 – paragraph 3 a (new)
3a. The European Data Protection Supervisor shall be allocated the resources adequate and necessary for the fulfilment of the tasks entrusted to it under this Regulation.
Amendment 688 #
2016/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1 – introductory part
Article 57 – paragraph 1 – introductory part
1. The duly authorised staff of the competent authorities of Member States, the Commission, eu-LISA and Frontex shall have access to consult the following data, solely for the purposes of reporting and statistics without allowing for individual identification or profiling:
Amendment 689 #
2016/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
(b) nationality, gender and date of birth of the third country national;
Amendment 699 #
2016/0106(COD)
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
Amendment 710 #
2016/0106(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. By [Six months after the entry into force of this Regulation – OPOCE, please replace with the actual date] and every six months thereafter during the development phase of the EES, eu-LISA shall submit a report to the European Parliament and the Council, the Council and the European Data Protection Supervisor on the state of play of the development of the Central System, the Uniform Interfaces and the Secure Communication Infrastructure between the Central System and the Uniform Interfaces. Once the development is finalised, a report shall be submitted to the European Parliament and the Council, the Council and the European Data Protection Supervisor explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.
Amendment 711 #
2016/0106(COD)
Proposal for a regulation
Article 64 – paragraph 4
Article 64 – paragraph 4
4. Two years after the start of operations of the EES and every two years thereafter, eu-LISA shall submit to the European Parliament, the Council and, the Commission and the European Data Protection Supervisor a report on the technical functioning of EES, including the security thereof.
Amendment 715 #
2016/0106(COD)
Proposal for a regulation
Article 64 – paragraph 5
Article 64 – paragraph 5
5. Threewo years after the start of operations of the EES and every fourtwo years thereafter, the Commission shall produce an overall evaluation of the EES. This overall evaluation shall include an examination of results achieved against objectives and the impact on fundamental rights, and assessing the continuing validity of the underlying rationale, the application of the Regulation, the security of the EES and any implications on future operations, and shall make any necessary recommendations. The Commission shall transmit the evaluation report to the European Parliament and the Council, the Council and the European Data Protection Supervisor.
Amendment 721 #
2016/0106(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. 2. By way of derogation from paragraph 1, Chapter IV shall apply from [two years after the entry into force of this Regulation] and only after an evaluation report has been presented to the Parliament and the Council showing its feasibility and necessity. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Amendment 68 #
2016/0105(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/399
Article 8a
Article 8a
Amendment 76 #
2016/0105(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
Article 8b
Article 8b
Amendment 90 #
2016/0105(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 8e – paragraph 2 – point d
Article 8e – paragraph 2 – point d
(d) access to the programme shall be granted for a maximum of onfive years;
Amendment 91 #
2016/0105(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 8e – paragraph 2 – point e
Article 8e – paragraph 2 – point e
(e) the Member State shall reassess every two years the situation of each third country national who is granted access to the programme in order to ensure that, based on updated information, the applicant still meets the conditions laid down in Article 8e(2) (c);
Amendment 95 #
2016/0105(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 8e – paragraph 4 a (new)
Article 8e – paragraph 4 a (new)
4a. An adequate level of security shall be established between national facilitation programmes and the EES following a proper information security risk assessment. The data shall be subject to the conditions set out in Regulation xxx/xxx [Regulation establishing the Entry/Exit System (EES)].
Amendment 109 #
2015/2273(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for the Commission and the EEAS to launch a programme in support of the reform of the judicial sector and the rule of law in respect of the values of the Tunisian Constitution, including through technical and financial support for the ongoing establishment of the Supreme Judicial Council and the Constitutional Court; notes that the EU Programme on Justice Reform (PARJI) was only endowed with very limited funding and stopped in 2011;
Amendment 116 #
2015/2273(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for a reform of the penal code, and in particular for the repeal of Article 230, which penalises homosexual practicesity with imprisonment for three years, and is contrary to the constitutional principles of non- discrimination and the protection of privacy, as well as; furthermore, calls for amendments to Law No 92-52 on Narcotics, which propose disproportionate sentences for drug offences, to align it to international standards for the consumption of soft drugs;
Amendment 75 #
2015/2230(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reaffirms the need for sufficient allocation of resources also at Parliament level in order to develop gender impact assessments and gender-based analysis; emphasises that such analyses and the data collection methodologies need to be sensitive to the experiences of trans and intersex persons;
Amendment 86 #
2015/2230(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Expresses it full support for developing targeted and regular gender mainstreaming training, with adequate resources and tailor-made for Parliament specific needs; recommends that training sessions include information on the multiple and intersectional forms of discrimination affecting women with disabilities, migrant and ethnic minority women, Roma women, older women, single mothers and LGBTI persons;
Amendment 89 #
2015/2230(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Highlights the need to ensure that all its services are aware of their responsibilities in implementing gender mainstreaming, including those in charge of human resources, security and facilities; recommends the introduction of specific human resources guidelines on trans and intersex, as well as gender- neutral sanitary facilities, to improve the well-being of trans and intersex people on the workplace; emphasises that data on past or ongoing legal gender recognition should be protected;
Amendment 95 #
2015/2229(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates the crucial importance of ensuring increased coherence between the EU’s internal and external policies with regard to respect for human rights and democratic values; emphasises in this context that, while this report deals with the EU’s external policies for advancing human rights, Parliament also adopts an annual report on the situation of fundamental rights in the European Union, drawn up by the Committee on Civil Liberties, Justice and Home Affairs; underlines that for the EU's foreign policy to be credible and coherent in the field of human rights, equality and anti- discrimination, the Council should adopt the directive on equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation;
Amendment 180 #
2015/2229(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Deplores the fact that the proper implementation of legal frameworks for the protection of minorities remains a challenge, as stated in the Commission’s Enlargement Strategy for 2014-2015; welcomes the Strategy's focus on homophobia, discrimination and hate crimes on the basis of sexual orientation and gender identity; stresses that this is a recurring problem in all enlargement countries; invites the enlargement countries to step up their efforts to forge a culture of acceptance of minorities through, for example, improved inclusion of minorities in the education system;
Amendment 288 #
2015/2229(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Recalls that freedom of thoueverybody is entitled to the complete set of human rights as recognised in the Universal Declaration of Human Rights, conscience,without discrimination on the basis of race, ethnicity, ability, sex, sexual orientation, gender identity or religion andor belief is a fundamental human right, as recognised in the Universal Declaration of Human Right; reaffirms that cultural, traditional or religious values can never be invoked to justify any form of discrimination, including discrimination against women or LGBTI persons;
Amendment 313 #
2015/2229(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
63. Expresses its concern at the growing number of death sentences worldwide; considers it regrettable that Belarus has resumed executions after a two-year pause; reiterates therefore its call on Belarus to implement a moratorium on the death penalty, which should ultimately lead to its abolition; is concerned that 8 states legislate death penalty for homosexuality (Mauritania, Sudan, Iran, Saudi Arabia, Yemen, Pakistan, Afghanistan and Qatar) and provinces of Nigeria and Somalia officially implement death penalty for same-sex sexual acts; calls on these states to stop criminalising homosexuality and calls on Brunei Darussalam not to activate the death penalty for homosexuality in 2016, as is currently foreseen; urges the EEAS to maintain fighting criminalization of LGBTI people a key priority;
Amendment 326 #
2015/2229(INI)
Motion for a resolution
Paragraph 66
Paragraph 66
66. Condemns in the strongest terms all forms of discrimination, including those based on race, colour, gender, sexual orientation, gender identity, language, culture, social origin, caste, birth, age, disability or any other status; urges the EU to intensify its efforts to eradicate all types of discrimination, racism and xenophobia through human rights and political dialogues, the work of the EU Delegations and public diplomacy; urges the EU also to continue promoting the ratification and full implementation of all UN Conventions that support this cause, such as the International Convention on the Elimination of All Forms of Racial Discrimination or the UN Convention on the Rights of Persons with Disabilities;
Amendment 328 #
2015/2229(INI)
Motion for a resolution
Paragraph 66 a (new)
Paragraph 66 a (new)
66a. Welcomes the continued efforts of the EU on the rights of LGBTI persons in its foreign policy, in line with the EU Guidelines to Promote and Protect the Enjoyment of all Human Rights by Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Persons; calls for thorough implementation of the guidelines, including through training of diplomats, staff and interpreters;
Amendment 330 #
2015/2229(INI)
Motion for a resolution
Paragraph 66 c (new)
Paragraph 66 c (new)
66c. Expresses its strong support for the work of the United Nations on the rights of lesbian, gay, bisexual, trans and intersex people; welcomes, in this regard, the UNHRC resolution on combating violence and discrimination based on sexual orientation and gender identity, adopted on 26 September 2014 (A/HRC/RES/27/32), and the High Commissioner's report on Discrimination and violence against individuals based on their sexual orientation and gender identity published 5 May 2015 (A/HRC/19/41); reaffirms its support for the Secretary General and High Commissioner's work to promote and protect the enjoyment of all human rights by LGBTI people, in particular through statements, reports and the Free & Equal campaign; encourages the Secretary General and High Commissioner to continue fighting discriminatory laws and practices;
Amendment 333 #
2015/2229(INI)
Motion for a resolution
Paragraph 66 f (new)
Paragraph 66 f (new)
66f. Calls on the EU and the Member States to continue their efforts to work to enhance respect for the rights of lesbian, gay, bisexual, trans and intersex people, in line with the EU Guidelines to Promote and Protect the Enjoyment of all Human Rights by Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Persons; calls for thorough implementation of the guidelines, and for adequate training of diplomats and staff on issues of sexual orientation and gender identity;
Amendment 335 #
2015/2229(INI)
Motion for a resolution
Paragraph 66 h (new)
Paragraph 66 h (new)
66h. Is severely concerned about the regrettable trend to enact laws restricting freedom of expression and assembly for those who support the human rights of LGBTI persons; calls in this regard on Russia, Algeria, Nigeria and Lithuania to repeal their laws criminalizing the 'propaganda of homosexuality', which curtail human rights, notably freedom of expression and assembly in relation to sexual orientation and gender identity; remains concerned that Kyrgyzstan may soon provide one year imprisonment for the "promotion of non-traditional sexual relations in open or indirect way" and calls on the Kyrgyz parliament to withdraw this proposal; is concerned over the negative consequences of these laws on society, with discrimination and violence against LGBTI individuals increasing; welcomes the withdrawal of Ukraine's "homosexuality anti- propaganda" bill; calls on the EU Delegation to increase its support for defenders of the human rights of LGBTI people, in line with the relevant guidelines;
Amendment 365 #
2015/2229(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Welcomes the Council conclusions on the promotion and protection of the rights of the child, adopted in December 2014, and calls for the EU to continue supporting partner countries in combatting all forms of violence against children and reinforcing their capacities to protect children’s rights; supports the Council of Europe Commissioner for Human Rights' statement of May 2014 regarding the rights of intersex children; calls accordingly upon all states to recognize the right to self-determination and physical integrity of intersex children and repeal any law allowing for genital- normalizing surgery to be conducted without free and informed consent of the person concerned;
Amendment 397 #
2015/2229(INI)
Motion for a resolution
Paragraph 79
Paragraph 79
79. Positively notes that in the new Action Plan the VP/HR reiterated the EU’s commitment to empowering local actors and civil society organisations, and stresses that, given the significant shrinking of its space, civil society, and in particular human rights defenders working on women's rights and the rights of LGBTI people, requires increased attention and efforts from the EU; urges the EU and its Member States, therefore, to elaborate a coherent and comprehensive response to the major challenges that civil society, including human rights defenders, faces worldwide;
Amendment 402 #
2015/2229(INI)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Calls on the EU and its Member States to constantly monitor and raise cases of violations of freedom of assembly and association, including through various forms of bans and limitations on civil society organisations and their activities; points out that this happens in Russia through the 'Foreign Agents law' and 'Undesirable Organizations Law'; notes that these legal restrictions aim to demonise and marginalise independent civil society and human rights activism; is deeply concerned that over 100 NGOs have faced or are facing court cases, or have been forced to register as a foreign agent; regrets that other countries follow the Russian example, including Azerbaijan, Kyrgyzstan, Kazakhstan and Tajikistan, where authorities have imposed or are seeking to impose legal restrictions, and encourages close monitoring of these countries; finds it regrettable that there are cases of shrinking space for civil society within the EU as well; stresses the importance that the EU should lead by example in protecting these rights;
Amendment 403 #
2015/2229(INI)
Motion for a resolution
Paragraph 80 a (new)
Paragraph 80 a (new)
80a. Notes with concern that intimidation of civil society occurs through other means too, including public accusations by government officials against NGOs and extraordinary audits, as witnessed in Hungary; regrets that the Hungarian government specifically targeted NGOs working on human rights, particularly on women's rights, LGBTI rights and on anti-corruption; calls on the Hungarian authorities to stop intimidation of civil society and fully respect the right to freedom of association;
Amendment 14 #
2015/2129(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the use of the terminology “Child Pornography" is highly detrimental to victims who insist that their abuse must be referred to by name and be rightly labelled as “Child Sexual Abuse Material”;
Amendment 17 #
2015/2129(INI)
Motion for a resolution
Recital C
Recital C
C. whereas child sexual abuse and exploitation online is an evolving phenomenon and new forms of crime, such as "revenge pornography" and sex- extortion, have come into being on the Internet and need to be addressed with concrete measures by the Member States;
Amendment 19 #
2015/2129(INI)
Motion for a resolution
Recital D
Recital D
D. whereas law enforcement authorities face new challenges posed by peer- to-peer and DarknetPrivate networks exchanging child sexual abuse material; whereas there is a need to raise awareness at an early stage among girls and boys about the risks and the importance of respecting the dignity and privacy of others in the digital era;
Amendment 24 #
2015/2129(INI)
Motion for a resolution
Recital E
Recital E
E. whereas migrant children - especially girls - are particularly exposed to child sexual abuse and sexual exploitation at the hands of traffickers and smugglers along the way and once they reach Europe;
Amendment 27 #
2015/2129(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas, to be compliant with the Charter of Fundamental Rights of the European Union, measures taken under recital 42 of Directive 2011/93/EU must respect the safeguards listed in Article 25 of the Directive;
Amendment 36 #
2015/2129(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
–1 Strongly condemns the European Commission and Member States’ insistence on referring to Child Sexual Abuse Material as "Child Pornography". Stresses that such terminology is highly detrimental to victims and adds to the abuse that they already face. Calls on all entities to eradicate the use of such terminology with immediate effect and respect the pleas of victims and social workers in this regard.
Amendment 45 #
2015/2129(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes with regret that the European Commission’s implementation report fails to indicate how quickly or slowly the hotlines contact hosting providers after informing law enforcement authorities. Further notes that the Commission's report fails to indicate what procedures are currently in place for hotlines to contact hosting providers directly after contacting law enforcement authorities, where the latter are unwilling or unable to respond;
Amendment 50 #
2015/2129(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Regrets that the Commission's implementation report seeks to address a number of issues with regard to the implementation of the Directive. Notably, in its report on the implementation of Article 25 of the Directive, the Commission lacks to address key issues which could assist the Parliament in monitoring the current situation within Member States. Such issues include, but are not limited to, the fact that no statistics are provided regarding the speed of removal of illegal content beyond 72 hours, no reporting on the frequency with which reports are followed up by law enforcement authorities is highlighted, no reporting on delays in takedowns due to the need to avoid interference with ongoing investigations is made and no information regarding whether such stored data is ever used by judicial and law enforcement authorities is given.
Amendment 60 #
2015/2129(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers, in particular, that the Member States should do more to combat the impunity of perpetrators who are close to child victims and are in a position of trust, authority or influence over the child; considers it to be of the utmost importance that the Member States ensure the liability of both natural and legal persons, where the lack of monitoring or supervision of a person who is a member of that legal entity, has permitted or facilitated the commission of crimes;
Amendment 66 #
2015/2129(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the need to address new forms of crime online, such as revenge porn and sexual-extortion, that affect many youngsters, in particular teenage girls people; calls on the Member States to step up their efforts to adopt concrete measures to combat this new form of crime and calls on all relevant bodies, governments, law enforcement agencies, the judiciary, hotlines, NGOs and the internet industry to take its share of responsibility for tackling these crimes;
Amendment 70 #
2015/2129(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that no statistics are provided with regard to the use of criminal law procedures to seize equipment in relevant cases.
Amendment 81 #
2015/2129(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the main challenges faced by the law enforcement and judicial authoritiesEuropean Commission and national authorities should greatly increase the resources being put into the investigation and prosecution of child sexual abuse offences online stem from the dependence, in particular to identify barriers to the collection and availability onf electronic evidence and the development of digital investigative techniques, which are made less effective by new technologies such as encryption, and also by the discrepancies in data retention rules between the Member States; urges authorities to recognise that over reliance on hotlines and industry can be counterproductive only outsources the fight against child sexual abuse material;
Amendment 91 #
2015/2129(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to step up their police and judicial cooperation to combat the trafficking and smuggling of migrant children, who are particularly vulnerable to abuse, trafficking and sexual exploitation, especially girls; calls for an enhanced exchange of information among authorities to trace missing children and for the interoperability of data bases;
Amendment 96 #
2015/2129(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to put in place effective preventive and intervention programmes, including regular training programmes, for all officials, educators and stakeholders, who are in contact with children to better assess the risk of committing crimes and to intervene in those communities where the likelihood of committing the crimes listed in the Directive is higher;.
Amendment 101 #
2015/2129(INI)
14. Encourages the Member States to share best practices on educational materials and training programmes for all the actors involved, such as teachers, educators and law enforcement authorities, to raise awareness of grooming and other risks to the safety of children online, in particular for girls;
Amendment 104 #
2015/2129(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to incorporate into their legislation mandatory criminal background checks for persons applying or volunteering for activities or jobs relating to children, including software and online content developers, travel agents and legal entities/persons, and to systematically exchange information on individuals posing a risk towhere they have direct access to or authority over children;
Amendment 119 #
2015/2129(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the best practices adopted in some Member States for the protection of children, such as the Barnahus in Sweden; calls on the Member States to focus on ensuring the provision of legal aid, psychological support and assistance and to avoid the secondary victimisation of children;
Amendment 120 #
2015/2129(INI)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Regrets that the Commission has failed to collect data on the types of blocking that have been used by the various Member States; further regrets that data has not been published on the number of websites on blocking lists in each country; regrets with concern that there is no assessment of the use of security methods, such as encryption, to ensure that blocking lists do not leak and become seriously counterproductive;
Amendment 121 #
2015/2129(INI)
Motion for a resolution
Subheading 6 b (new)
Subheading 6 b (new)
Notes that Directive 2011/92/EU does not require mandatory blocking; recognises that blocking is not a perfect technology; recommends removal of child abuse, child exploitation and child sexual abuse material at source in the context of efficient judicial and law enforcement actions;
Amendment 122 #
2015/2129(INI)
Motion for a resolution
Subheading 6 c (new)
Subheading 6 c (new)
Regrets with concern that the Commission mentions that some Member States do not have functional “notice and take-down” procedures, sixteen years after the entry into force of Directive 2001/31/EC (E- Commerce directive), but does not indicate that any action will be taken to require those Member States to comply with EU law;
Amendment 123 #
2015/2129(INI)
Motion for a resolution
Subheading 6 d (new)
Subheading 6 d (new)
Calls on the Commission to make further efforts to gather the information necessary to ascertain what the procedure is in Member States where no functional notice, take down procedure, not criminal measures are in place and to open up infringement procedures against Member States should they be found not to comply with the obligations laid down in Directive2001/31/EC on this matter.
Amendment 126 #
2015/2129(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Acknowledges that the Member States have put in place legislation and administrative measures to remove webpages containing cChild pornographySexual Abuse material hosted on their territory; regrets the fact that only half of the Member States have incorporated provisions into their legislation making it possible to block access to such webpages for users within their territory; calls on the Member States to fully implement Article 25, including blocking child sexual abuse material where possible, and withthe European Commission has not assessed the security of blocking lists, the technologies used for blocking in those countries that have implemented the measures, the implementation of security measures, such as encryption, for the storage and communication of blocking lists or meaningful analysis of the effectiveness of this measure; calls on the Member States to fully implement Article 25, and regrets that the Commission has not provided any analysis on whether not the relevant safeguards in place;
Amendment 140 #
2015/2129(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recommends that blacklists of websites containing child pornographysexual abuse material be updated regularly by the relevant authorities and communicated to internet service providers to avoid, for instance, over-blocking and to ensure proportionality; recommends the sharing of such blacklists of websites among the Member States, with Europol and its European Cybercrime Centre, and with Interpol; considers, in this regard, that newly developed hashing technology, such as PhotoDNA, should be applied should be done using maximum security measures, such as encryption of the data both in transit and at rest, to avoid, for instance, the leaking of the list; considers, in this regard, that newly developed detection technology, could be applied but that that any technology implemented should be rigorously tested to eliminate, or at least minimise the possibility of hacking, abuse or counterproductive effects and that any such technology should only be used in circumstances where rigorous recordkeeping is used to ensure transparency and facilitate investigation and prosecution of offences by state authorities;
Amendment 144 #
2015/2129(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Encourages the INHOPE Network to work with its Members to create a secure anonymous reporting mechanism on Deep Web networks, such as the Dark Net networks found on the TOR network, which provides for the same high standard anonymity as those provided for by Press Organizations for whistle- blowers in order to provide the possibility for those using such networks to come forward with information or reports about child sexual abuse material;
Amendment 151 #
2015/2129(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recognises the active and supportive role in combating child sexual abuse material on the Internet played by civil society organisations, as is the case with the Internet Watch Foundation in the UK; urges the Member States which have not yet done so to set up such hotlines and takes the view that they should be allowed to search for child sexual abuse material online proactivelyin particular that of the INHOPE Network; urges the Commission, in cooperation with INHOPE to identify and implement best practices, particularly with regard to statistical reporting and efficient interaction with law enforcement; urges the Member States which have not yet done so to set up such hotlines and takes the view no employee working for such hotlines should face criminal charges brought against them through the specific exercise of their work;
Amendment 42 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to publish its second Anti-corruption Report without delay.
Amendment 45 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission to look into how to combine the various monitoring mechanisms at Union level, including the Cooperation and Verification mechanism, the EU Anti- Corruption Report, the EU Justice Scoreboard, into a broader rule of law monitoring framework which could be applied to all 28 Member States.
Amendment 75 #
2015/2110(INI)
Motion for a resolution
Paragraph 10 – point b
Paragraph 10 – point b
(b) a definition of 'public official'; to be adopted, bearing in mind that the Directive on the Protection of the Union's financial interests by means of criminal law ("PIF Directive") proposes to establish such a definition;
Amendment 84 #
2015/2110(INI)
Motion for a resolution
Paragraph 10 – point d a (new)
Paragraph 10 – point d a (new)
(da) further alignment of the various legislative norms in criminal law matters, including minimum common penalties and sentences for the same crimes and offences.
Amendment 90 #
2015/2110(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates its call for the establishment of an independent European Public Prosecutor’s Office with clearly defined responsibilities and powers;, to be adopted as soon as possible with the participation of as many Member States as possible with clearly defined responsibilities and powers detailing how the new Office would complement and synergize the work of OLAF, Eurojust and the Member States, thus, preventing the overlapping of the spheres of competences of the different agencies and bodies
Amendment 99 #
2015/2110(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. In that context, since the offences for which the future European Public Prosecutor's Office would be responsible will be laid down in the PIF Directive, calls on the Council and Member States to unblock negotiations on the PIF Directive as quickly as possible, and in that regard, include VAT fraud within the scope of the Directive;
Amendment 157 #
2015/2110(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to find an appropriate way to monitor the corruption within the European Institutions and agencies, and ensure that the relevant legislative framework is in place to ensure that dissuasive and effective sanctions exist for offenders;
Amendment 180 #
2015/2110(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes the Commission's intention to propose a revision to the 4th Anti- money laundering Directive. Calls on the Commission, in that revision, to ensure that registries of beneficial owners cover all forms of legal entities, including trusts, and provide adequate transparency guarantees with regard to the information contained in those registries;
Amendment 195 #
2015/2110(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Commission to present a European Agenda on fighting corruption, organised crime and money laundering, based on the same principle and model, as the Agendas on Migration and Security;
Amendment 8 #
2015/2105(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the EU Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex persons adopted by the Foreign Affairs Council of 24 June 2013,
Amendment 130 #
2015/2105(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Believes that enforceable labour rights, including the elimination of discrimination on the basis of gender, age, disability, race, colour, sexual orientation, gender identity, religion or belief, political opinion or social origin, with respect to employment, must form a part of EU trade agreements;
Amendment 149 #
2015/2105(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Highlights that in line with the 2013 EU Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex persons, the EU trade and investment strategy should include efforts to combat the criminalisation of consensual same sex relations between adults as well as other discriminatory laws and policies;
Amendment 28 #
2015/2095(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- Having regard to the United Nations Convention on the Rights of the Child z\on 20 November 1989 and to the European Parliament resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child,
Amendment 32 #
2015/2095(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Commission Communication 'Action Plan on Unaccompanied Minors',[1]and the European Parliament Resolution of 12 September 2013 on the situation of unaccompanied minors in the EU [1] COM 82010)0213 def Communication from the Commission to the European Parliament and the Council - Action Plan on Unaccompanied Minors (2010-2014)
Amendment 70 #
2015/2095(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in 2015, over 3.771 persons are reported dead or missing in the Mediterranean sea, according to the International Organisation for Migration8 ; whereas children represent 30 per cent of all recorded deaths in the Aegean Sea[1]; whereas according to recent Europol data at least 10 000 unaccompanied children have disappeared after arriving in Europe [1] IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf __________________ 8 IOM, Missing Migrants Project, http://missingmigrants.iom.int/.
Amendment 153 #
2015/2095(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas all EU Member States have a duty to protect and promote the rights of all children and ensure that migrant children are treated first and foremost as children and that the principle of the child's best interests takes precedence over migration management objectives;
Amendment 259 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety, recommends that, in planning such search and rescue operations, child specific measures be taken, such as child safeguarding policies in manuals on search and rescue, child protection trainings and child-focused care at disembark;
Amendment 260 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety; points out to the need to further strengthen the Union Civil Protection Mechanism in order to respond to disasters with wide- ranging impacts which affect a significant number of Member States.
Amendment 398 #
2015/2095(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes, in addition, that Member States of first arrival will therefore have to handle the more complicated asylum claims (and appeals), will have to organise longer periods of reception, and will have to organise and coordinate returns for those ultimately not entitled to international protection; believes that the EU and other Member States must take measures to assist frontline Member States in handling the arrival, reception and claims;
Amendment 431 #
2015/2095(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the preferences of the applicant should, as much as practically possible, be taken into account when carrying out relocation; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop the relocation process; further recalls that the best interest of the child must be a primary consideration should always guide any decision on relocation involving children;
Amendment 505 #
2015/2095(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Considers that persons seeking international protection should be able to apply for a European humanitarian visa directly at any consulate or embassy of the Member States, and if granted, such a humanitarian visa would allow its holder to enter the territory of the Member State issuing the visa for the sole purpose to lodge therein an application for international protection; believes, therefore, that it is necessary to amend the Visa Code by including more specific common provisions on humanitarian visas;
Amendment 515 #
2015/2095(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Points out that further steps are necessary to achieve full harmonisation and Europeanisation of the European asylum policy, based on respect for human rights and dignity, international standards and the values on which the EU is built, and to ensure that the CEAS could becomes a truly uniform system; effective and uniform solidarity-sharing system among all Member States;
Amendment 551 #
2015/2095(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Stresses further that the premise for Dublin is outdated and based on a very different geo-political environment than the one faced today; Calls for an overhaul of the archaic Dublin System into a system which deals with the registration of asylum seekers separately from asylum claims, under the provisions granted by the Common European Asylum System; Highlights that the "irregular entry" criterion should no longer be taken into account to determine which Member State shall be responsible for the examination of an asylum claim, but that the responsibility for the examination of an asylum claim should be made through a centralised system in a way that ensures no Member State's reception capacities are disproportionately affected; calls for the allocation of technical and financial resources and support to Member States of first arrival in order to ensure the swift and effective registration of asylum seekers in full respect of fundamental human rights of refugees;
Amendment 617 #
2015/2095(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that, at present, Member States recognise asylum decisions from other Member States only when they are negative; reiterates that mutual recognition by Member States of positive asylum decisions imust also be recognised as a logical step towards proper implementation of Article 78(2)(a) TFEU, which calls for ‘a uniform status of asylum valid throughout the Union’;
Amendment 667 #
2015/2095(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Recalls that, under Article 15 of the Reception Conditions Directive, Member States are to determine the conditions for granting access to their labour markets for applicants for international protection, provided that such access is effective and is in accordance with the timeframe laid down in Paragraph 1 of that Article; understands that, per Article 15(2) for reasons of labour market policies, Member States may give priority to Union citizens and nationals of states parties to the Agreement on the European Economic Area, and to legally resident third-country nationals; calls for implementation of flexible criteria for the temporary employment of the refugees in the hosting Member States.
Amendment 705 #
2015/2095(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Encourages the Member States to seek to keep families together, which will assist integration prospects in the long-term as the focus can be directed towards the establishment of a new life instead of concerns towards family members that are still in insecure situations; urges Member States to take all measures necessary to prevent the separation of a child from his/her parents;
Amendment 723 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. On Unaccompanied Minors (new title)
Amendment 724 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47 b. Recalls that refugee and migrant children should be provided with information on their right to family reunification and how to claim it in a child-friendly way; Recalls that support and protection should be extended to unaccompanied and separated children, in line with their best interests, and that applications for family reunification filed by unaccompanied and separated children should be expedited;
Amendment 725 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47 c. Calls on Member States to fully apply the specific provisions of the Common European Asylum System concerning unaccompanied minors, including access to legal assistance, guardianship, access to healthcare, accommodation and education, the right to be spoken in a language they understand, to have interviews with trained officials not in a uniform, etc.; calls on the Member States to end detention of children because they are migrants.
Amendment 726 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 d (new)
Paragraph 47 d (new)
47 d. Calls on the Member States to ensure that refugee and migrant children enjoy rapid and non-discriminatory access to national services, including child protection systems, in line with the provisions of the UN Convention on the Rights of the Child with the same level of care and support recognised to national children deprived of parental care; calls on Member States to gather disaggregated data on the situation of refugee and migrant children in order to improve the ability of systems to integrate refugee and migrant children;
Amendment 727 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 e (new)
Paragraph 47 e (new)
47 e. Believes that age assessment should be carried out in a manner that is multi- disciplinary, safe and in respect of children's physical integrity and human dignity, with particular attention to girls and should be performed by independent, qualified practitioners and experts; calls for legal guardians to be appointed to support unaccompanied and separated children immediately upon identification and calls on the Member States to speed up procedures for appointing legal guardians
Amendment 773 #
2015/2095(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Believes that the return of migrants should only be carried out safely, in full compliance with the fundamental and procedural rights of the migrants in question, and where the country to which they are being returned is safe for them; reiterates, in that regard, that voluntary return should be prioritised over forced returns; recalls no child should be returned without a thorough risk assessment, conducted by independent child protection officer, and based on Country of Origin Information reports in cooperation with non-governmental, local and international organisation to ensure protection and reintegration after their return;
Amendment 828 #
2015/2095(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Underlines, in any event, that any list of safe countries of origin should not detract from the principle that every person must be allowed an appropriate individual examination of his or her application for international protection; it must be ensured that specific reasons for persecution, particularly those related to gender, sexual orientation and gender identity, are addressed appropriately throughout the examination of each application, also from persons coming from countries that are on such a list;
Amendment 890 #
2015/2095(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Acknowledges that the integrity of the Schengen area and the abolishment of internal border controls are dependent on having effective management of external borders, with high common standards applied by all Member States at the external borders and an effective exchange of information and intelligence sharing between them;
Amendment 904 #
2015/2095(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Accepts that the Union needs to strengthen its external border protection and further develop the CEAS, and that measures are necessary to enhance the capacity of the Schengen Area to address the new challenges facing Europe and preserve the fundamental principles of security and free movement of persons; believes, however, that reinforcing the protection of the Union's external borders will not address the root causes of the current refugee and migrant crisis;
Amendment 909 #
2015/2095(INI)
Motion for a resolution
Paragraph 66
Paragraph 66
66. Points out that access to the territory of the Schengen Area is generally controlled at the external border under the Schengen Borders Code and that, in addition, citizens of many third countries require a visa to enter the Schengen Area; is of the view that the Schengen rules need to be better applied by Member States, rather than reinforced, namely systematic controls at external borders; calls in this regard on the Commission to report on the state of implementation of those rules already in force in each Member State and notes that only such assessment can inform the making of new rules, especially more stringent rules; notes as well that the approach that is being taken by some Member States is reactive in nature and does not take into account medium and long-term planning, the role that sustainable (external) policies might have in mitigating the security risks and, also, the negative impact for the coherence and credibility of the Union in global terms that a securitarian view may have;
Amendment 942 #
2015/2095(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Notes that both of the Relocation Decisions provide for operational support at the hotspots to be provided to Italy and Greece for the screening of migrants when they first arrive, registration of their application for international protection, provision of information to applicants on relocation, organisation of return operations for those who did not apply for international protection and are not otherwise entitled to remain or those who applied unsuccessfully, and the facilitation of all steps involved in the relocation procedure itself; calls on the Member States to provide administrative and technological help to increase the effectiveness of all of the hotspots in all of their activities.
Amendment 1012 #
2015/2095(INI)
Motion for a resolution
Paragraph 82
Paragraph 82
82. Understands that the external dimension should focus on cooperation with third countries in tackling the root causes of, and addressing, irregular flows to Europe, which is undeniably linked to situations of conflict, violence, widespread human rights abuse, poverty and poor governance; understands that partnerships and cooperation with key countries of origin, transit and destination should continue to be a focus, for example through the Khartoum and Rabat processes, the Africa-EU mMigration and mobility dialogue, the Budapest Process and the Prague Process; believes, however, that a more holistic and comprehensive approach is needed to include other policy areas, from the external policy remit, such as development, humanitarian aid, trade and others; points out in this regard that cooperation with third countries to manage migration goes much beyond strictly migration policies and that the Commission, the EEAS and Member States must seek to overcome the problem of compartmentalisation of the Union's policies;
Amendment 1030 #
2015/2095(INI)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85a. Welcomes the commitments taken at the Valletta summit which recognise the need to give hope and opportunities to young people, and to protect children from violence and abuse;
Amendment 1090 #
2015/2095(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long -term, greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as – war, poverty, corruption, hunger and a, lack of opportunities and persecution such as that based on gender, race, religion, political affiliation or as part of a particular social group such as being part of the LGBTIQ community, means that people will still feel forced to flee to Europe unless Europe looks at how to help re-build those countries; pPoints out that this means that the Commission and the Member States must put up the money to help build capacity in third countries,; such as by facilitating investment and education,; strengthening and enforcing asylum systems,; helping to manage borders better, and reinforcing legal and judicial systems there;
Amendment 214 #
2015/2086(INL)
Motion for a resolution
Annex – Part A – paragraph 5
Annex – Part A – paragraph 5
5. However, in order to avoid forum shopping or the application of inappropriate national laws, that automatic recognition is subject, firstly, to the condition that recognition must not be manifestly contrary to the public order of the recognising Member State, while emphasising that such refusals may never lead to de facto discriminations prohibited by Article 21 of the Charter of Fundamental Rights of the European Union, and, secondly, that the Member State which took the adoption decision had jurisdiction under Article 4. Only the Member State of the habitual residence of the parent or parents or of the child can have that jurisdiction. However, where the adoption decision was taken in a third country, jurisdiction for the initial recognition within the Union of that adoption can also lie with the Member State of nationality of the parents or child. This is in order to ensure access to justice for European families resident overseas.
Amendment 221 #
2015/2086(INL)
Motion for a resolution
Annex – Part B – recital 10 a (new)
Annex – Part B – recital 10 a (new)
(10a) This Regulation is to be implemented without discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. If Member States invoke the public policy exception in order to refuse the recognition of an adoption, such a decision should be preceded by an assessment of the compatibility with the Union legal order, an inquiry into the genuineness of the concern, a check whether in advancing the ground for refusal of recognition of an adoption order the Member States concerned are not violating other values protected by the Union legal order, in particular through the Charter of Fundamental Rights of the Union and finally a proportionality test.
Amendment 222 #
2015/2086(INL)
Motion for a resolution
Annex – Part B – recital 11
Annex – Part B – recital 11
(11) This Regulation should not affect the substantive family law, including the law on adoption, of the Member States. Furthermore, any recognition of an adoption order under this Regulation should not imply the recognition of any legal relationship between adopting parents, as long as the separate legal relationships between the adopted child and its adopting parents are recognised.
Amendment 227 #
2015/2086(INL)
Motion for a resolution
Annex – Part B – Article 1 – paragraph 3 – point a
Annex – Part B – Article 1 – paragraph 3 – point a
(a) recognise the existence of any legal relationship between parents of an adopted child, as long as the separate legal relationships between the adopted child and all its adopting parents are recognised;
Amendment 160 #
2015/2063(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates that human rights should be at the core of the counter terrorism and prevention of radicalisation policies of the Union while ensuring that security, human rights and law enforcement are not mutually exclusive but complementary; the EU policies, including development aid, should strive to promote good governance, human rights, fighting economic inequalities, poverty and providing education in order to fight the root causes of radicalisation;
Amendment 448 #
2015/2063(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Acknowledges that special attention should be given to vulnerable position of young women of religion as they are often targets of assault for their outwards expression of their culture and religion; recognizes that a growing number of young European women are being radicalized and recruited by terrorist groups and to that end we call on the Commission to support widespread programmes that aim to engage young women in their endeavours for greater equality and provide support networks through which they can safely have their voices heard and strive to generate secure and hopeful environment; further calls on the Commission to support programs that seek participation and understanding of religion's position on women through education and civic contribution and to work and support religious groups that have credibility to bring about change in their communities;
Amendment 564 #
2015/2063(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Recognizes that the principal of parental authorisation is applied inconsistently across the EU; calls on the Commission to adopt an appropriate measures for mandatory parental permit for minors leaving the territory of their Member States of residence;
Amendment 618 #
2015/2063(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Suggests that the Member States examine the idea of including mentors in the process to deradicalise EU citizens who have returned from fighting for terrorist organisations, to help support them in their reintegration into society through appropriate programmes;
Amendment 657 #
2015/2063(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls on the Member States to participate in efforts to trace external flows of funding and to display transparency in their relations with certain Gulf countries, with the aim of stepping up cooperation in order to shine a light on the financing of terrorism and fundamentalism in Africa and the Middle East, but also by some associations in Europe; the Commission should not hesitate to use restrictive measures against individuals and organizations where there is credible evidence of financing or other complicity with terrorism;
Amendment 14 #
2015/2062(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the Recommendation CM/Rec (2017) 3 of the Committee of Ministers of the Council of Europe to the Member States on the European Rules on community sanctions and measures adopted by the Committee of Ministers on 22 March 2017,
Amendment 15 #
2015/2062(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
- having regard to the Recommendation CM/Rec (2012)12 of the Committee of Ministers of the Council of Europe to Member States concerning foreign prisoners (Adopted by the Committee of Ministers on 10 October 2012),
Amendment 16 #
2015/2062(INI)
Motion for a resolution
Citation 16 c (new)
Citation 16 c (new)
- having regard to the Recommendation CM/Rec (2012)5 of the Committee of Ministers of the Council of Europe to Member States on the European Code of Ethics for Prison Staff (Adopted by the Committee of Ministers on 12 April 2012),
Amendment 17 #
2015/2062(INI)
Motion for a resolution
Citation 16 d (new)
Citation 16 d (new)
- having regard to the Recommendation CM/Rec (2008)11 of the Committee of Ministers of the Council of Europe to Member States on the European Rules for juvenile offenders subject to sanctions or measures (Adopted by the Committee of Ministers on 5 November 2008),
Amendment 18 #
2015/2062(INI)
Motion for a resolution
Citation 16 e (new)
Citation 16 e (new)
- having regard to the Council of Europe handbook for prison and probation services regarding radicalisation and violent extremism,
Amendment 19 #
2015/2062(INI)
Motion for a resolution
Citation 16 f (new)
Citation 16 f (new)
- having regard to Memorandum of Understanding signed on 21 March 2014 by the Italian Minister for Justice, the Ombudsman for Children and Adolescence and by the not-for-profit organisation Bambinisenzasbarre,
Amendment 26 #
2015/2062(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas prisons are intended to confine offenders in secure and humane conditions. The purpose of prisons should always include education, penalty, rehabilitation as well as protection of society. Rehabilitation and intervention programmes both in prisons and for offenders under probation should have the objective of supporting re-integration of offenders back into society;
Amendment 31 #
2015/2062(INI)
Motion for a resolution
Recital D
Recital D
D. whereas overcrowding in prisons is a recurrent problem in the Union and whereas the European Court of Human Rights has regarded it as a breach of Article 3 ECHR; overcrowding is particularly detrimental to inmates because it can lead to self-harm or violent behaviour. It can also have adverse effects on the health conditions and wellbeing of the detainees, increasing the prevalence of particularly infectious diseases and psychiatric disorders. Overall, overcrowding is an obstacle to the purpose of social rehabilitation, which is a founding value of penitentiary systems. Overcrowding can also contribute to an unsafe and unhealthy working environment for penitentiary staff;
Amendment 35 #
2015/2062(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas overcrowding and poor detention conditions may have effects on cases of requests for extradition for prosecution or in cases of transfer of sentenced persons, where the requested measure may be problematic to carry out because of concerns regarding bad prison conditions, including in particular prison overcrowding, in the receiving state;
Amendment 46 #
2015/2062(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas juvenile offenders should, in principle, always be entitled to access measures alternative to detention regardless of the offence they have committed;
Amendment 47 #
2015/2062(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the eligibility for alternative measures should always take into account the specific circumstances of each case such as the age and the dangerousness of the offender, his involvement within the educational activities, and the seriousness of the offence;
Amendment 48 #
2015/2062(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas every child subject to detention measures should have access to education;
Amendment 49 #
2015/2062(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas 800 000 children in Europe see their right to the protection of family relationships violated when one or both parents are imprisoned;
Amendment 50 #
2015/2062(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
Fe. whereas children of imprisoned parents should not be stigmatised or discriminated, in compliance with EU values, on account of the criminal sentences served by their parents;
Amendment 60 #
2015/2062(INI)
Motion for a resolution
Recital H
Recital H
Amendment 76 #
2015/2062(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas an efficient penitentiary administration should receive adequate funds and staff to carry out its security and rehabilitation mission;
Amendment 90 #
2015/2062(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas inhumane detention conditions and overcrowding can lead to increased radicalisation and expand the influence of violent extremist recruiters;
Amendment 95 #
2015/2062(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas radicalisation represents a process that gradually leads an individual increasingly to accept and support violent extremism based on religious purposes;
Amendment 96 #
2015/2062(INI)
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. whereas penitentiary staff carry out an essential function on behalf of the community and should have conditions of employment befitting their qualifications and which take account of the demanding nature of their work;
Amendment 120 #
2015/2062(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores the fact that overcrowding of prisons, which is very common in Europe’s prisons, particularly in Greece, France, Belgium, Italy, Slovenia and Romania, in many cases has a serious impact on the safety of prison staff and prisoners, but also with regard to the activities made available, medical care and monitoring of prisoners;
Amendment 128 #
2015/2062(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets that in some Member States juvenile offenders are detained in facilities together with adults, exposing them to the risk of abuse and violence and depriving them of the specific care that such a vulnerable group needs;
Amendment 131 #
2015/2062(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Expresses concerns about cases in which detained minors were denied access to education due mainly to the absence of places and a lack of staff in the facilities;
Amendment 132 #
2015/2062(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on all Member States to adopt a common definition of "minimum space" to be provided to each detainee including specific provisions on adequate lighting, air conditioning and alarm systems to contact the staff and more generally to cooperate to harmonize national criminal systems;
Amendment 134 #
2015/2062(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Encourages Member States to set up national databases to monitor in real time inmates' detention conditions and to ensure an optimal allocation of detainees to national prisons;
Amendment 135 #
2015/2062(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Encourages Member States to offer meaningful activities such as educational training or work opportunities according to international standards to all prisoners, with a view to re-socialising inmates and providing tools for a crime free life after the conviction period;
Amendment 151 #
2015/2062(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Insists than an efficient long term management of penitentiary systems should be implemented, reducing the number of prisoners by more frequent use of non-custodial punitive measures and minimizing the recourse to pre-trial detention;
Amendment 172 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages Member States to cooperate with the media and local authorities in persuading the public opinion to accept ambitious reforms of the criminal justice system based on a wider use of non-custodial measures. Penitentiary administrations shall foster such cultural change establishing strong bonds with local communities. To this end, activities dedicated to free citizens may be organized also inside prisons; for instance theatrical representations, catering services or free access to libraries and computers;
Amendment 178 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on criminal justice agencies, including prisons, probation and court administrations, to produce explanatory documents and statistical evidence to persuade public opinion that non- custodial measures are necessary to reduce recidivism as well as to ensure long term security in our society;
Amendment 181 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Commission to carry out a comparative study on prisoners' wages in Member States, aiming to identify fair and sustainable retribution levels that would allow every prisoner to work;
Amendment 183 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the Commission to carry out a comparative study to analyse Member States' alternative measures and to draft proposals for possible harmonization and diffusion of national best practices;
Amendment 184 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Encourages Member States to adopt measures, including financial incentives and tax benefits, to encourage private companies to recruit former offenders as well as to encourage former prisoners to set up their own business;
Amendment 185 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Exhorts Member States to establish a scholarship system aimed at encouraging employers and private companies to provide professional training to inmates with a view to recruit them at the end of the detention period;
Amendment 206 #
2015/2062(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recognises the right of children to maintain direct contact with their detained parent and, at the same time, reiterates the prisoner's right to parenting. In that respect prisons shall be equipped with a suitable children's space, where children shall be looked after by adequately trained prison officers, including social assistants and NGOs volunteers who can assist children and families during prison visits;
Amendment 212 #
2015/2062(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the European Commission to evaluate the possibility of drawing up a Memorandum of Understanding at EU level in order to ensure the preservation of the parenthood relationship with imprisoned parents and to allow parents to be present at important moments in their children's education, thus safeguarding the interests of minors;
Amendment 219 #
2015/2062(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Asks the Commission to promote policies aimed at overcoming the discrimination that could be suffered by the children of imprisoned parents, in order to strengthen social integration and to build an inclusive and fair society;
Amendment 220 #
2015/2062(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Encourages the European Commission to establish specific working groups composed of representatives of Member States' Ministries of Justice and national authorities as well as Non- Governmental Organisations operating in the field in order to facilitate the exchange of best practices;
Amendment 227 #
2015/2062(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on Member States' prison authorities to guarantee each prisoner the right to exercise or change his religion in dedicated spaces and, as far as practicable, grant prisoners access to approved representatives and materials of their religion or belief. Prison authorities shall also provide, as much as possible, a diet that takes account of the cultural and religious requirements of prisoners and/or allow prisoners to purchase and cook food;
Amendment 243 #
2015/2062(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States to provide support, adequate resources, targeted training, safety and supervision to penitentiary authorities at all levels and especially to frontline staff closely working with juvenile offenders and radicalised inmates. In particular, staff shall be adequately trained to detect signs of radicalisation at an early stage;
Amendment 250 #
2015/2062(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Prisons authorities shall develop specific tools and methods for identifying and monitoring radicalised inmates according to the degree of radicalisation. Inmates ranked in the highest stage of radicalisation or actively recruiting fellow prisoners shall be flagged to the judicial authorities and/or national authorities in charge of counterterrorism;
Amendment 263 #
2015/2062(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Encourages Member States and the European Parliament to implement pilot projects aimed at providing educational training and languages courses both to prisoners and staff involving Non-Governmental Organisations, educators and social services;
Amendment 279 #
2015/2062(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Encourages Member States' penitentiary authorities to develop a code of conduct to be applied to the staff. The code of conduct shall include specific guidelines on accountability, integrity, respect for and protection of human dignity, care and assistance to prisoners, fairness, impartiality and non- discrimination as well as confidentiality and data protection;
Amendment 282 #
2015/2062(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Stresses that staff serving in prisons carry out a highly demanding work on behalf of the community, and shall therefore have adequate remuneration and proper working conditions including free psychological counselling and dedicated helplines designed to provide support to staff facing problems likely to affect their work;
Amendment 283 #
2015/2062(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Calls on the Commission to publish detailed reports on the situation of prisons in Europe every five years since the approval of this INI report, including in depth analysis on the level of education and trainings provided to inmates and assessment of the results (including reiteration rates) achieved using alternative measures to detention;
Amendment 284 #
2015/2062(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Calls on the European Commission to evaluate possible common statistical methodologies to calculate prison capacity in the same way across the Union;
Amendment 5 #
2015/2002(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, adopted by the Foreign Affairs Council of 24 June 2013,
Amendment 13 #
2015/2002(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Neighbourhood Policy (ENP) was created to strengthen the European Union's (EU) partnerships with neighbouring countries in order to develop an area of shared respect for democracy, human rights, rule of law, stability, security and prosperity;
Amendment 149 #
2015/2002(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that respect for the universal fundamental values of human rights, rule of law and democracy on which the EU is founded must remain at the core of the revised policy, and calls for stronger conditionality on respect for these fundamental values;
Amendment 319 #
2015/2002(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the continuous need to focus on strengthening and consolidating democracy, the rule of law, the independence of the justice system, and respect for minorities and diversitydiversity and the rights of minorities, including the rights of LGBTI persons, the rights of persons with disabilities, and the rights of persons belonging to ethnic minorities; highlights that capacity-building in national institutions, including their national assemblies, together with support for civil society, pro- democracy groups and political parties, will enhance political dialogue and pluralism;
Amendment 340 #
2015/2002(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the importance of developing a thriving, and active and independent civil society in the processes of transformation and democratisation, and of monitoring and identifying threats to independent operation of civil society and taking steps to address these threats; underlines the need to support which includes social partners and the business community for the process of transformation and democratisation; underlines the importance of European companies and their role in the promotion and dissemination of international standards for business;
Amendment 587 #
2015/2002(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Stresses that women's rights, gender equality and the right to non- discrimination are fundamental rights and key principles of the EU's external action; believes that this should be given priority within the European Neighbourhood Policy and that EU assessments should include the rights of the LGBTI community and the integration of minorities in political, social and economic life;
Amendment 431 #
2015/2001(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its deep concern for the state of human rights and the rule of law in Russia, andparticularly as regards to the foreign agents law, anti-LGBTI legislation, the treason law and the legislation regulating public protests; strongly condemns the crackdown on independent civil society and the persistent and multiform repression of activists, political opponents and critics of the regime, which has in some cases led to their murder (Anna Politkovskaya, Natalya Estemirova, Boris Nemtsov, Sergey Magnitsky, Alexander Litvinenko, and others); demands that all assassinations of political activists, journalists and whistle blowers be investigated properly and independently; reiterates its call on the Council to deliver on its commitment to defend these principles, and to adopt restrictive measures for the officials involved in the well-documented Magnitsky case;
Amendment 439 #
2015/2001(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on Russia to repeal fully the federal law on 'propaganda for non- traditional sexual relations'; is deeply concerned about the negative consequences of this law on society, creating an environment in which discrimination, hate speech and hate violence against LGBTI people go unpunished; calls on the High Representative, the EU Delegation to Russia and EU Member states, to condemn acts of violence against LGBTI people and human rights defenders, to raise the issue with relevant Russian officials and to support civil society and governmental initiatives on monitoring cases of violence and educating law enforcement personnel;
Amendment 105 #
2015/0310(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) On 25 and 26 June 2015,12 the European Council called for wider efforts in resolving the migrant crisiunprecedented migratory flows in a comprehensive manner, including through the reinforcement of the management of borders to better manage growing mixed migratory flows. Furthermore, on 23 September 2015,13 the European Council stressed the need to tackle the dramatic situation at the external borders as well as to strengthen the controls at those borders, notably through additional resources for the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, the European Asylum Support Office and Europol, with human resources and technical contributions from Member States. __________________ 12 Meeting of the European Council, Conclusions of 25 and 26 June 2015. 13 Informal meeting of EU Heads of State or Government on migration, Statement of 23 September 2015.
Amendment 113 #
2015/0310(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) European integrated border management, based on the four-tier access model, comprises measures in third countries, such as under the common visa policy, measures with neighbouring third countries, border control measures at the external border itself as well as risk analysis, and measures within the area of free movement, including return.
Amendment 128 #
2015/0310(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, commonly referred to as Frontex, was established by Council Regulation (EC) No 2007/2004.14 Since taking up its responsibilities on 1 May 2005, it has been successful in assisting Member States with implementing the operational aspects of external border management through joint operations and rapid border interventions, as well as risk analysis, information exchange, relations with third countries and the return of irregularly staying third- country nationals illegally staying on the territory ofwho are the subject of a final return decision issued by a Member States., __________________ 14 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1).
Amendment 146 #
2015/0310(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The European Border and Coast Guard Agency should prepare general and tailored risk analysis based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The European Border and Coast Guard Agency should, based also on information provided by Member States, provide adequate information and intelligence covering all aspects relevant to European integrated border management, especially border control, return, irregular secondary movements of third- country nationals within the Union, prevention of cross-border crime including facilitation of irregular immigration, trafficking in human beings and terrorism, as well as the situation at neighbouring third countries, so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of external borders.
Amendment 154 #
2015/0310(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The European Border and Coast Guard Agency should carry out a vulnerability assessment to assess the capacity of the Member States to face challenges at their external borders, including by assessing the equipment and resources of Member States as well as their contingency plans to address possible crises at the external borders. Member States should take corrective action to address any deficiencies identified in that assessment. The Executive Director, on the advice of a Supern Advisory Board created within the European Border and Coast Guard Agency, should identify the measures to be taken by the Member State concerned and should set a time-limit within which those measures should be taken. That decision should be binding on that Member State and where the necessary measures are not taken within the set time- limit, the matter needs to be referred to the Management Board for a further decision.
Amendment 160 #
2015/0310(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The European Border and Coast Guard Agency should organise the appropriate technical and operational assistance to Member States so as to reinforce their capacity to implement their obligations with regard to the control of the external borders, and to face challenges at the external border resulting from irregular immigration or cross-border crime. In this respect, the European Border and Coast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate joint operations for one or more Member States and deploy European Border and Coast Guard Teams as well as the necessary technical equipment, and it may deploy experts from its own staff.
Amendment 165 #
2015/0310(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) During a border surveillance operation at sea, a situation may occur where it will be necessary to render assistance to persons found in distress. In accordance with international law, every State must require the master of a vessel flying its flag, in so far as he can do so without serious danger to the vessel, the crew or the passengers, to render assistance without delay to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress. Such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found. The shipmaster and crew should not face criminal penalties for the sole reason of having rescued persons in distress at sea and brought them to a place of safety.
Amendment 166 #
2015/0310(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
Amendment 168 #
2015/0310(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) At particular areas of the external borders where Member States face disproportionate migratory pressures characterised by large influxes of mixed migratory flows, referred to as hotspot areas, the Member States should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from Member States by the European Border and Coast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies, as well as experts from the staff of the European Border and Coast Guard Agency. The European Border and Coast Guard Agency should assist the Commission in the coordination among the different agencies on the ground.
Amendment 185 #
2015/0310(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The European Border and Coast Guard Agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions. To this end, when launching rapid border interventions at the request of a Member State or in the context of a situation requiring urgent action, the European Border and Coast Guard Agency should be able to deploy European Border and Coast Guard Teams from a rapid reserve pool which should be a standing corps composed of a small percentage of the total number of border guards in the Member States, which should amount to a minimum of 1 500. The deployment of the European Border and Coast Guard Teams from the rapid reserve pool should be immediately complemented by additional European Border and Coast Guard Teams as appropriatewhere necessary.
Amendment 192 #
2015/0310(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) This Regulation should be applied in full compliance with the principle of non-refoulement as defined in the Charter and as interpreted by the case-law of the Court of Justice of the European Union and of the European Court of Human Rights. In accordance with that principle, no person should be disembarked in, forced to enter, conducted to or otherwise handed over to the authorities of a country where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where his or her life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another country in contravention of the principle of non- refoulement.
Amendment 194 #
2015/0310(COD)
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21b) The possible existence of an arrangement between a Member State and a third country does not absolve the Agency or the Member States from their obligations under Union and international law, in particular as regards compliance with the principle of non- refoulement, whenever they are aware or ought to be aware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that third country amount to substantial grounds for believing that the asylum seeker would face a serious risk of being subjected to inhuman or degrading treatment or where they are aware or ought to be aware that that third country engages in practices in contravention of the principle of non-refoulement.
Amendment 200 #
2015/0310(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European Border and Coast Guard Agency should develop specific training tools and it should provide training at Union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third-country nationals illegally staying on the territory of Member Statesintegrated border management tasks, including for officers of the competent national bodies. The Agency should be authorised to organise training activities in cooperation with Member States and third countries on their territory.
Amendment 203 #
2015/0310(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Effective implementation of an integrated management of the external borders necessitates regular, swift and reliable exchange of information among the Member States regarding the management of the external borders, irregular immigration and return. The European Border and Coast Guard Agency should develop and operate information systems facilitating such exchange in accordance with Union data protection legislation.
Amendment 211 #
2015/0310(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The European Border and Coast Guard Agency should facilitate and encourage operational cooperation between Member States and third countries in the framework of the external relations policy of the Union, including by coordinating operational cooperation between Member States and third countries in the field of management of external borders and by deploying liaison officers to third countries, as well as by cooperating with the authorities of third countries on return, including as regards the acquisition of travel documents. In their cooperation with third countries, the European Border and Coast Guard Agency and Member States should comply with norms and standards at least equivalent to those set by Union legislation alsoUnion law, including norms and standards which form part of the Union acquis, when the cooperation with third countries takes place on the territory of those countries.
Amendment 245 #
2015/0310(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein, to safeguard free movement and the fundamental rights of persons in the area of freedom, security and justice without internal borders by effectively managing migration and thereby ensuring a high level of internal security.
Amendment 254 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘returnee’ means an illegalrregularly staying third-country national who is the subject tof a final return decision; issued by a Member State;
Amendment 256 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘return operation’ means an operation to return illegally staying third- country nationals who are the subject of a final return decision, that is coordinated by the Agency and involves technical and operational reinforcement being provided by one or more Member States under which returnees from one or more Member States are returned either through forced return or in voluntary compliance with an obligation to return;
Amendment 259 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘return intervention’ means an operation to return illegally staying third- country nationals who are the subject of a final return decision providing for enhanced technical and operational assistance consisting of the deployment of European Return Intervention Teams to Member States and the organisation of return operations.
Amendment 285 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) border control, which may includinge measures related to the prevention, and detection and investigation of cross-border crimeof the criminal smuggling of persons, trafficking in human beings and terrorism, where appropriate;
Amendment 291 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) Search and Rescue Operations for persons in distress at sea;
Amendment 294 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(ab) The identification, provision of initial information to and onward referral of persons arriving at the external borders who are in need of, or wish to apply for, international protection;
Amendment 295 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) analysis of the risks for internal security and analysis of the threatexternal challenges that may affect the functioning or security of the external borders;
Amendment 300 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) cooperation with third countries in the areas of covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and transit for irregular immigration;
Amendment 305 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) technical and operational measures within the area of free movement which are related to border control and designed to preventbetter manage irregular immigration and to counter cross-border crime;
Amendment 309 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) return of third-country nationals illegally staying on the territory of thewho are the subject of a final return decision issued by a Member States;
Amendment 337 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point 1 (new)
Article 5 – paragraph 3 – point 1 (new)
(1) When carrying out its tasks in accordance with Article 7, The European Border and Coast Guard Agency shall actively observe and promote the application of the existing and future Union law, including fundamental rights and international protection.
Amendment 346 #
2015/0310(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. To ensure a coherent European integrated border management at all external borders, the Agency shall facilitate and render more effective the application of existing and future Union measures relating to the management of external borders, in particular the Schengen Borders Code established by Regulation (EC) No 562/2006, contribute to the identification, development and sharing of good practices and promote EU border management legislation and standards with a particular focus on fundamental rights and international protection.
Amendment 351 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) establish a monitoring and risk analysis centre with the capacity to monitor migratory flows and to carry out risk analysis as regards all aspects of integrated border management;
Amendment 356 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) carry out a vulnerability assessment including the assessment of the capacity of Member States to face threatchallenges and pressures at the external borders while complying with the relevant EU legislation and their international human rights obligations;
Amendment 374 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) coordinate Member State action, and provide technical and operational assistance to Member States, in the context of search and rescue operations for persons in distress at sea in accordance with Regulation (EU) No 656/2014;
Amendment 375 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d b (new)
Article 7 – paragraph 1 – point d b (new)
(db) establish, in conjunction with the relevant national authorities and with the European Asylum Support Office, mechanisms and procedures for the identification, provision of initial information to and onward referral of persons arriving at the external borders who are in need of, or wish to apply for, international protection;
Amendment 383 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point j
Article 7 – paragraph 1 – point j
(j) assist Member States in circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return illegally stayingthose third-country nationals who are the subject of a final return decision issued by a Member State, including through the coordination or organisation of return operations;
Amendment 392 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point o
Article 7 – paragraph 1 – point o
(o) develop and operate, in accordance with Regulation (EC) No 45/200140 and Framework Decision 2008/977/JHA, information systems that enable swift and reliable exchanges of information regarding emerging risks at the management of the external borders, irregular immigration and return, in close cooperation with the Commission, Union agencies, bodies and offices as well as the European Migration Network established by Council Decision 2008/381/EC;41 __________________ 40 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1). 41 Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).
Amendment 400 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point r
Article 7 – paragraph 1 – point r
(r) assist Member States and third countries in the context of operational cooperation between them in the fields of externalintegrated border management and returns defined in Article 4.
Amendment 416 #
Amendment 417 #
2015/0310(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Agency and the national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall be subject to a dcarry outy to cooperate in good faith, and an obligation to exchange informatheir tasks in accordance with Article 4(3) of the Treaty on European Union.
Amendment 419 #
2015/0310(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall in accordance with Article 4(3) of the Treaty on European Union, provide the Agency in a timely and accurate manner with all the information necessary for the Agency to perform the tasks conferred on it by this Regulation, in particular for the Agency to monitor the migratory flows towards and within the Union, to carry out risk analysis and to perform the vulnerability assessment.
Amendment 428 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency shall establish a monitoring and risk analysis centre with the capacity to monitor migratory flows towards and withinand forecast situations, trends and possible challenges at the external border of the Union. For this purpose, the Agency shall develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States.
Amendment 445 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, in particular border control,; reception capacity at the external borders; the existence of mechanisms for the identification, provision of information to and onward referral of persons who are in need of, or wish to apply for international protection; return,; irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigratithe criminal smuggling of persons, trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre- warning mechanism which analyses the migratory flows towards the Union.
Amendment 453 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The results of the risk analysis shall be submitted to the SuperAdvisory Board and to the Management Board.
Amendment 457 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Member States shall take results of the risk analysis into account when planning their operations and activities at the external borders as well as their activities with regard to return.
Amendment 459 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The Agency shall incorporate the results of a common integrated risk analysis model in its development of the common core curricula for the training of border guards and of staffother staff or experts involved in return-tasks related taskso the integrated border management.
Amendment 473 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point c a (new)
Article 11 – paragraph 3 – point c a (new)
(ca) observe and promote the application of existing and future Union measures relating to the management of external borders, including on fundamental rights and international protection;
Amendment 499 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Agency shall assess theOn the basis of the risk analysis prepared in accordance with Article 10(3), the Executive Director shall propose to the Management Board a set of objective criteria against which the Agency shall carry out vulnerability assessments of all Member States with external borders. Before proposing that set of objective criteria, the Executive Director shall consult with and take into account the views of the Fundamental Rights Officer with a view to ensuring that the criteria against which vulnerability is assessed reflect the need to ensure the respect of fundamental rights in accordance with Union law in all aspects of border control. That vulnerability assessment shall seek to assess the available infrastructure (including reception capacity), technical equipment, systems, capabilities, resources, and contingency plans of the Member States regardingin the context of border control. That assessment shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency.
Amendment 509 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall, at the request of the Agency, provide information as regards infrastructure, technical equipment, staff and financial resources available at national level to carry out border control and they shall submit their contingency plans.
Amendment 513 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders,challenges; their capacity to handle in a humane manner and with full respect for fundamental rights the arrival of large numbers of persons many of whom may be in need of international protection; the availability of adequately skilled and trained personnel; the existence of cooperation mechanisms with relevant Union agencies, international organisations and civil society; and to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5). Thate vulnerability assessment ishall be without prejudice to the Schengen evaluation mechanism.
Amendment 523 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The results of the vulnerability assessment shall be submitted to the SuperAdvisory Board, which shall advise the Executive Director on the measures to be taken by the Member States based on the results of the vulnerability assessment, and taking into account the Agency’'s risk analysis and the results of the Schengen evaluation mechanism.
Amendment 551 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. The Agency shall organise the appropriate technical and operational assistance for the host Member State and it may, in accordance with the relevant Union and international law, including the principle of non-refoulement, take one or more of the following measures:
Amendment 562 #
2015/0310(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
Initiating joint operations and rapid border interventions at the external borders
Amendment 563 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States may request the Agency to launch joint operations to face upcoming challenges, including present or future threats at the external borders resulting from irregular immigration or cross- border crime, or to provide increased technical and operational assistance when implementing their obligations with regard to the control of the external borders.
Amendment 566 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 569 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Executive Director shall evaluate, approve and coordinate proposals for joint operations made by Member States. Joint operations and rapid border interventions shall be preceded by a thorough, reliable and up-to-date risk analysis, thereby enabling the Agency to set an order of priority for the proposed joint operations and rapid border interventions, taking into account the impact level to external border sections in accordance with Regulation (EU) No 1052/2013 and the availability of resources.
Amendment 573 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Executive Director shall, on the advice of the SuperAdvisory Board based on the results of the vulnerability assessment, and taking into account the Agency’s risk analysis and the analysis layer of the European situational picture established in accordance with Regulation (EU) No 1052/2013, recommend to the Member State concerned to initiate and carry out joint operations or rapid border interventions. The Agency shall put its technical equipment at the disposal of the host or participating Member States.
Amendment 574 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The objectives of a joint operation or rapid border intervention may be achieved as part of a multipurpose operation which may involve the rescue of persons in distress at sea or other coast guard functions, the fight against migrantthe criminal smuggling orf persons, trafficking in human beings, drug trafficking control operations, and migration management including identification, registration, debriefing and return and migration management in accordance of Article 17 (3).
Amendment 583 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point d a (new)
Article 15 – paragraph 3 – point d a (new)
(da) a description of the fundamental rights implications and risks of the joint operation;
Amendment 600 #
2015/0310(COD)
Proposal for a regulation
Article 16 – paragraph -1 (new)
Article 16 – paragraph -1 (new)
-1. At the request of a Member State faced with a situation of specific and disproportionate pressures, for example the arrival of large numbers of third- country nationals trying to enter the territory of that Member State at points of the external borders, the Agency may deploy a rapid border intervention for a limited period of time on the territory of that host Member State.
Amendment 619 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) the screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals, the provision of initial information to and onward referral of those persons arriving who are in need of, or wish to apply for, international protection, and, where requested by the Member State, the fingerprinting of third- country nationals;
Amendment 621 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
Amendment 666 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point e
Article 18 – paragraph 2 – point e
Amendment 669 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Executive Director shall, within two working days from the date of adoption of the Commission decision, and on the advice of the SuperAdvisory Board, determine the actions needed to be taken for the practical execution of the measures identified in the Commission decision, including the technical equipment as well as the number and profiles of the border guards and other relevant staff needed to meet the objectives of that decision.
Amendment 687 #
2015/0310(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Agency shall deploy border guards and other relevant staff as members of the European Border and Coast Guard Teams to joint operations, rapid border interventions and in the framework of the migration management support teams. The Agency may also deploy experts from its own staff. Only border guards, experts and staff who have received training in accordance with Article 35 shall be deployed by the Agency.
Amendment 703 #
2015/0310(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The Executive Director shall appoint one or more experts from the staff of the Agency to be deployed as coordinating officer for each joint operation or rapid border intervention. The Executive Director shall notify the host Member State of the appointment.
Amendment 706 #
2015/0310(COD)
Proposal for a regulation
Article 21 – paragraph 3 – point d
Article 21 – paragraph 3 – point d
(d) observe and promote the application of existing and future Union measures relating to the management of external borders and respect for fundamental rights in border management activities, and report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention, and report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention;
Amendment 716 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Executive Director shall withdraw the financing of a joint operation or a rapid border intervention, or suspend or terminate, in whole or in part, a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. For this purpose, the Agency shall establish and publish the criteria leading to a decision on the suspension, termination or withdrawal of financing of a joint operation or a rapid border intervention.
Amendment 744 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 758 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The Agency may provide the necessary assistance and ensure, at the request of the participating Member States, or propose on its own initiative, the coordination or the organisation of return operations, for which the means of transport and forced return escorts are made available by a third country of return (‘'collecting return operations’). The participating Member States and t'), provided that that third country is bound by the European Convention on Human Rights. The Agency shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the entire removal operation. At least a Member State representative and a forced return monitor from the pool established under Article 28 shall be present throughout the entire return operation until arrival at the third country of return.
Amendment 762 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
Amendment 764 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Every return operation shall be monitored in accordance with Article 8(6) of Directive 2008/115/EC. The monitoring of return operations shall be carried by the forced return monitor out on the basis of objective and transparent criteria and shall cover the whole return operation from the pre-departure phase until the hand-over of the returnees in the third country of return. The forced return monitor shall submit a report on the monitoring of the operation to the Executive Director and to the competent national authorities of all the Member States involved in that operation. Any appropriate follow-up shall be ensured by the Executive Director and competent national authorities respectively.
Amendment 770 #
2015/0310(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Agency, having consulted with the European Agency on Fundamental Rights, shall constitute a pool of forced return monitors from national competent bodies who carry out forced return monitoring activities in accordance with Article 8(6) of Directive 2008/115/EC and who have been trained in accordance with Article 35. The European Union Agency on Fundamental Rights shall develop methods and standards to improve the quality of the monitoring and be responsible for the training of forced return monitors.
Amendment 775 #
2015/0310(COD)
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. Forced return monitors shall remain subject to the disciplinary measures of their home Member State. The home Member State shall provide for appropriate disciplinary or other measures in accordance with its national law in case of violations of fundamental rights or international protection obligations in the course of a return operation or return intervention
Amendment 783 #
2015/0310(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. Forced return escorts shall remain subject to the disciplinary measures of their home Member State. The home Member State shall provide for appropriate disciplinary or other measures in accordance with its national law in case of violations of fundamental rights or international protection obligations in the course of a return operation or return intervention
Amendment 787 #
2015/0310(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. Return specialists shall remain subject to the disciplinary measures either of the Agency or of their home Member State. The Agency shall provide for appropriate disciplinary action in accordance with its Codes of Conduct, and a home Member State shall provide for appropriate disciplinary or other measures in accordance with its national law in case of violations of fundamental rights or international protection obligations in the course of a joint operation or rapid border intervention
Amendment 790 #
2015/0310(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. In circumstances where Member States are facing a heavy burden when implementing the obligation to return illegally stayingthose third-country nationals who are the subject of a final return decision in accordance with Directive 2008/115/EC, the Agency shall, upon request of one or more Member States, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist in the deployment of European Return Intervention Teams to the host Member States and the organisation of return operations from the host Member States. Member States shall regularly inform the Agency of their needs for technical and operational assistance, and the Agency shall draw up a rolling plan for return interventions on this basis.
Amendment 792 #
2015/0310(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. In circumstances where Member States are facing specific and disproportionate pressure when implementing their obligation to return illegally stayingthose third-country nationals who are the subject of a final return decision in accordance with Directive 2008/115/EC, the Agency shall, upon the request of one or more Member States, provide the appropriate technical and operational assistance in the form of a rapid return intervention. The Agency may propose on its own initiative to provide to the Member States such technical and operational assistance. A rapid return intervention may consist in the rapid deployment of European Return Intervention Teams to the host Member States and the organisation of return operations from the host Member States.
Amendment 798 #
2015/0310(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Amendment 800 #
2015/0310(COD)
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Article 32 b Suspension or termination of return operations and return interventions 1. The Executive Director shall terminate, after informing the Member States concerned, return operations or return interventions if the conditions to conduct those activities are no longer fulfilled. 2. The Executive Director may withdraw the financing of a return intervention or suspend or terminate it if the operational plan is not respected by either the host Member State or the participating Member States. 3. The Executive Director shall withdraw the financing of a return operation or a return intervention, or suspend or terminate, in whole or in part, a return operation or a return intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. 4. For these purposes, the Agency shall establish and publish the criteria leading to a decision on the suspension, termination or withdrawal of financing of return operations and return interventions.
Amendment 801 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, relevant international law, including the 1951 Convention Relating to the Status of Refugees, the 1967 Protocol thereto, and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy.
Amendment 811 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. In the performance of its tasks the European Border and Coast Guard shall ensure that no person is, in contravention of the principle of non-refoulement, disembarked in, forced to enter, conducted to or otherwise handed over or returned to the authorities of a country in contravention of the principle of non-refoulementwhere, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where his or her freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion or retur, removal or extradition to another country in contravention of that principle.
Amendment 820 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. In the performance of all its tasks, in its relations with Member States and in its cooperation with third countries, the Agency shall take into account the reports of the Consultative Forum and the Fundamental Rights Officer. The Agency shall inform the Consultative Forum and Fundamental Rights Officer how it has altered or not its activities as a response to reports and recommendations of these bodies, and include details in its annual report.
Amendment 823 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 4 – point 1 (new)
Article 33 – paragraph 4 – point 1 (new)
(1) The Agency shall include a detailed programme for the further development and implementation of the Fundamental Rights Strategy in its annual work programme and report on it in its annual activity report.
Amendment 828 #
2015/0310(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Agency shall develop and regularly update a Code of Conduct for the return of illegally stayingthose third-country nationals who are subject to a final return decision which shall apply during all return operations and return interventions coordinated or organised by the Agency. That Code of Conduct shall describe common standardised procedures to simplify the organisation of return operations and return interventions, and assure return in a humane manner and with full respect for fundamental rights, in particular the principles of human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, the right to liberty and security and the right to the protection of personal data and non- discrimination.
Amendment 841 #
2015/0310(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Agency shall establish and further develop common core curricula for the training of border guards and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights, access to international protection and, relevant maritime law, the Codes of Conduct drawn up in accordance with Article 34, and relevant international standards such as the Sphere Minimum Standards in Humanitarian Response. The Agency shall draw up the common core curricula after consulting the Consultative Forum. Member States shall integrate the common core curricula in the training of their national border guards and staff involved in return-related tasks.
Amendment 863 #
2015/0310(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Agency may acquire, itself or in co-ownership with a Member State, or lease technical equipment to be deployed during joint operations, pilot projects, rapid border interventions, search and rescue operations, return operations, return interventions or technical assistance projects in accordance with the financial rules applicable to the Agency.
Amendment 873 #
2015/0310(COD)
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
Amendment 885 #
2015/0310(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where members of the teams are operating in a host Member State, which is responsible for their instructions in accordance with Article 20 (1), that Member State shall be liable in accordance with its national law for any damage caused by them during their operations.
Amendment 897 #
2015/0310(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The Management Board shall establish measures for the application of Regulation (EC) No 45/2001 by the Agency, including those concerning the Data Protection Officer ofA Data Protection Officer shall be appointed in accordance with Regulation (EC) No 45/2001. The Management Board shall establish measures for the application of that Regulation by the Agency. Those measures shall be established after consultation of the European Data Protection Supervisor.
Amendment 902 #
2015/0310(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. A Member State or other Union Agency providing personal data to the Agency shall determine the purpose or the purposes for which it shall be processed as referred to in paragraph 1. If it has not done so, the Agency in consultation with the provider of personal data concerned shall process it in order to determine its necessity in relation to the purpose or the purposes as referred to in paragraph 1 for which it shall be further processed. The Agency may process information for a different purpose than the one in paragraph 1The Agency may process information for a purpose under paragraph 1 different to the original purpose only if authorised by the data provider of the information.
Amendment 905 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 1 – introductory part
Article 46 – paragraph 1 – introductory part
1. The use by the Agency of personal data collected and transmitted to it by the Member States or by its own staff in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teams shall be limited to:
Amendment 907 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point a
Article 46 – paragraph 1 – point a
(a) personal data regarding persons who are suspected, on reasonable grounds, by the competent authorities of the Member States of involvement in cross-border criminal activities, including in facilitating irregular immigration activitiethe criminal smuggling of persons, in trafficking in human beings or in terrorism;
Amendment 910 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
(b) personal data regarding persons who cross the external borders illegalrregularly and whose data is collected by the European Border and Coast Guard Teams, including when acting in the framework of the migration management support teams;
Amendment 911 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point c
Article 46 – paragraph 1 – point c
(c) license plate numbers, telephone numbers or ship identification numbers, which are necessary for investigating and analysing routes and methods used for irregular immigration and cross-border criminal activities.
Amendment 913 #
2015/0310(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
(a) where transmission to the European Asylum Support Office, Europol or Eurojust is necessary for use in accordance with their respective mandates and in accordance with Article 51;
Amendment 925 #
2015/0310(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The Agency shall cooperate with the Commission, other Union institutions, the European External Action Service, Europol, the European Asylum Support Office, the European Union Agency for Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation, and in particular with the objectives of preventing and combating irregular immigration and cross-border crime including the facilitation of irregular immigratithe criminal smuggling of persons, trafficking in human beings and terrorism.
Amendment 953 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the external relations policy of the Union, including with regard to the protection of fundamental rights and the principle of non-refoulement. The Agency and the Member States shall comply with norms and standards at least equivalent to those set by Union legislation alsoUnion law, including norms and standards which form part of the Union acquis, when cooperation with third countries takes place on the territory of those countries. The establishment of cooperation with third countries shall serve to promote European border management and return standards.
Amendment 956 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, as well as within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. Those working arrangements shall be related todetail the scope, nature and purpose of the cooperation and the management of operational cooperation. Such arrangements shall have received the Commission’'s prior approval and shall have been presented to the relevant committee in the European Parliament prior to receiving such approval.
Amendment 970 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. The Agency may also, with the agreement of the Member States concerned invite observers from third countries to participate in its activities at the external borders referred to in Article 13, return operations referred to in Article 27, return interventions referred to in Article 32 and training referred to in Article 35, to the extent that their presence is in accordance with the objectives of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety of those activities. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 13, 27 and 35 and only with the agreement of the host Member State regarding those referred to in Article 13 and 32. Detailed rules on the participation of observers shall be included in the operational plan. Those observers shall receive the appropriate training from the Agency prior to their participation and shall be required to adhere to the Codes of Conduct of the Agency while participating in its activities.
Amendment 985 #
2015/0310(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The Agency may deploy experts of its own staff as liaison officers, who should enjoy the highest possible protection to carry out their duties, in third countries. They shall form part of the local or regional cooperation networks of immigration liaison officers and security experts of the Union and of the Member States, including the network set up pursuant to Council Regulation (EC) No 377/2004.49 Liaison officers shall only be deployed to third countries in which border management practices comply with minimum human rights standards. __________________ 49 Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 64, 2.3.2004, p. 1).
Amendment 988 #
2015/0310(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Within the framework of the external relations policy of the Union, priority for deployment of liaison officers shall be given to those third countries which, on the basis of risk analysis, constitute a country of origin or transit regarding irregular immigration. On a reciprocal basis the Agency may receive liaison officers posted by those third countries. The Management Board shall adopt, on a proposal of the Executive Director the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the Management Board.
Amendment 990 #
2015/0310(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. The tasks of the Agency’s liaison officers shall include, in compliance with Union law and in accordance with fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegally stayingthose third-country nationals who are the subject of a final return decision. Those liaison officers shall coordinate closely with Union delegations.
Amendment 1004 #
2015/0310(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point c
Article 60 – paragraph 1 – point c
(c) a Supern Advisory Board;
Amendment 1012 #
2015/0310(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point b
Article 61 – paragraph 1 – point b
(b) appoint the members of the SuperAdvisory Board in accordance with Article 69(2);
Amendment 1044 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. The Commission shall propose candidates for the posappointment of the Executive Director and the Deputy Executive Director based on a list following publication of the post in the Official Journal of the European Union anshall take place in accordance with the cooperation (concertation) procedure provided for in paragraph 2. The Executive Director and Deputy Executive Director shall be appointed on ther press or internet sites as appropriate basis of his or her merit, documented high-level administrative and management skills, and senior professional experience in the field of the management of external borders.
Amendment 1052 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board on the grounds of merit and documented high-level administrative and management skills, as well as senior profcooperation procedure shall be as follows: (a) on the basis of a list drawn up by the Commission, following publication of the posts in the Official Journal of the European Union and other press or internet sites as appropriate, and before the appointments are made, applicants will be asked to address the Council and the competent European Parliament Committee and to reply to quesstional experience in the field of management of the external borders and returns; (b) the European Parliament and the Council will then give their opinions and state their orders of preference; (c) the Management Board shall appoint the Director and Deputy Executive Director taking those opinions into account. The Management Board shall take its decisions by a two- thirds majority of all members with a right to vote.
Amendment 1072 #
Amendment 1074 #
2015/0310(COD)
Proposal for a regulation
Article 69 – paragraph 1 – introductory part
Article 69 – paragraph 1 – introductory part
1. The SuperAdvisory Board shall advise the Executive Director:
Amendment 1077 #
2015/0310(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The SuperAdvisory Board shall be composed of the Deputy Executive Director, fourthe Fundamental Rights Officer, three other senior officials of the Agency to be appointed by the Management Board and one of the representatives of the Commission to the Management Board. The SuperAdvisory Board shall be chaired by the Deputy Executive Director.
Amendment 1078 #
2015/0310(COD)
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. The SuperAdvisory Board shall report to the Management Board.
Amendment 1098 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Fundamental Rights Officer shall be independent in the performance of his or her duties as a Fundamental Rights Officer, he or she shall report directly to the Management Board and cooperate withto the Consultative Forum. The Fundamental Rights Officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights.
Amendment 1103 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 2 – point 1 (new)
Article 71 – paragraph 2 – point 1 (new)
(1) The Fundamental Right Officer shall have access to all information concerning respect for fundamental rights in relation to all activities of the Agency.
Amendment 1104 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 2 – point 2 (new)
Article 71 – paragraph 2 – point 2 (new)
(2) The staffing of the office of the Fundamental Rights Officer shall be commensurate to the staffing of the Agency and to the fulfilment of his or her mandate.
Amendment 1113 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. The Agency, in cooperation with the Fundamental Rights Officer, shall take the necessary measures to set up an independent, impartial and effective complaint mechanism in accordance with this Article to monitor and ensure the respect for fundamental rights in all the activities of the Agency.
Amendment 1116 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. Any person who is directly affected by the actions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support teams, return operation or return intervention, and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions, or any third parties intervening on behalf of such a person, may submit a complaint, in writing, to the Agency.
Amendment 1122 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. Only substantiated complaints involving concrete fundamental rights violations shall be admissible. Complaints which are anonymousill founded, malicious, frivolous, vexatious, hypothetical or inaccuratunidentifiable shall be excluded from the complaint mechanism. Anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant.
Amendment 1125 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 4
Article 72 – paragraph 4
4. The Fundamental Rights Officer shall be responsible for handling complaints received by the Agency in accordance with the EU Charter of Fundamental Rights, including the right to good administration. For this purpose, the Fundamental Rights Officer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the Executive Director, forwar and complaints concerning border guards to the home Member State and register the follow-up by the Agency or that Member State, including the relevant authority or body competent for fundamental rights in Member State, within a determined time period. The Fundamental Rights Officer will also register and ensure the follow-up by the Agency or that Member State. Any decision shall be in written form and reasoned. The Fundamental Rights Officer shall inform the complainant of the decision on admissibility, and of the national authorities to which his or her complaint was forwarded. The person shall have the right to appeal decisions on admissibility.
Amendment 1127 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 5
Article 72 – paragraph 5
5. In case of a registered complaint concerning a staff member of the Agency, the Executive DirectoFundamental Rights Officer shall ensure appropriate follow-up, including recommending disciplinary measures as necessary. The Executive Director shall report back to the Fundamental Rights Officer as to the findings and follow-up given by the Agency to a complaint. to the Executive Director, and referral to civil or criminal justice procedures as necessary in accordance with this Regulation and national law. The Executive Director shall report back to the Fundamental Rights Officer regarding the implementation of disciplinary measures within a determined time period, and if necessary, at regular intervals thereafter. In the case of civil or criminal justice proceedings, the relevant Member State shall report back to the Fundamental Rights Officer as to the findings and follow-up to a complaint within a determined time period, and if necessary, at regular intervals thereafter. In case the relevant Member State does not report back, the Agency shall send a letter of warning recalling the possible actions which the Agency can take if no follow-up is received to the letter.
Amendment 1132 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 6
Article 72 – paragraph 6
6. In case of a registered complaint concerning a border guard of a host Member State or a member of the teams, including seconded members of the teams or seconded national experts, the home Member State shall ensure appropriate follow-up, including disciplinary measures and referral to civil or criminal justice procedures as necessary or other measures in accordance with national law. The relevant Member State shall report back to the Fundamental Rights Officer as to the findings and follow-up to a complaint. within a determined time period, and if necessary, at regular intervals thereafter. In case the relevant Member State does not report back, the Agency shall send a letter of warning recalling the possible actions which the Agency can take if no follow-up is received to the letter.
Amendment 1138 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 6 a (new)
Article 72 – paragraph 6 a (new)
6a. In case a border guard or a seconded national expert has been found to have violated fundamental rights or international protection obligations, the Agency shall request the Member State to remove the border guard or seconded national expert immediately from the activity of the Agency or the rapid reserve pool, and pursue appropriate disciplinary or civil or criminal justice measures.
Amendment 1141 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 7 a (new)
Article 72 – paragraph 7 a (new)
7a. The Agency shall provide publicly accessible information on the complaints mechanism in the context of its annual report, indicating the number of complaints received, the types of fundamental rights violations, the operation concerned and the follow-up measures taken by Agency which would help it to identify possible shortcomings and improve its working methods.
Amendment 1148 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 1
Article 72 – paragraph 9 – subparagraph 1
The Fundamental Rights Officer shall, after consulting the Consultative Forum, draw up a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights establish the procedure for the complaints mechanism, after consulting the Consultative Forum, on the basis of Article 41 and 47 of the EU Charter of Fundamental Rights, including a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights, and the detailed procedures for information, admissibility, follow-up and appeal, including, where necessary, measures to facilitate access to the complaints mechanism and effective remedies for individuals who are residing in a third country. The Fundamental Rights Officer shall submit that form to the Executive Director and to the Management Board.
Amendment 1150 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that tinformation about the possibility and procedure for making a complaint is readily available. The standardized complaint form ishall be made available in most common languages and that it shall be made availablethird- country nationals understand or may be reasonably supposed to understand on the Agency’'s website and in hardcopy during all activities of the Agency. Further guidance and assistance on the complaints procedure shall be provided to alleged victims and on request. Information tailored to children and other vulnerable groups shall be provided to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 1157 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 3
Article 72 – paragraph 10 – subparagraph 3
In order to safeguard the interest of the complainants, complaints shall be dealt with confidentially unless the complainant waives his or her right to confidentiality. Any waivers of confidentiality shall be valid only where given freely by a specific, informed and unambiguous indication of the complainant's wishes. The Agency shall be able to demonstrate that the confidentiality was waived. For complainants who waive their right to confidentiality, it is understood that he or she consents to the Fundamental Rights Officer or the Agency disclosing his or her identity to the competent authority and the relevant authority or body competent for fundamental rights of the relevant Member State in relation to the matter under complaint.
Amendment 1159 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 10 – subparagraph 3 – point 1 (new)
Article 72 – paragraph 10 – subparagraph 3 – point 1 (new)
(1) Data protection rights and related complaints shall be dealt with by the Data Protection Officer in accordance with Article 44 (1). Where there is uncertainty regarding responsibility for a specific complaint, that responsibility shall be determined on the basis of a written understanding between the Fundamental Rights Officer and the Data Protection Officer.
Amendment 1164 #
2015/0310(COD)
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. The Agency shall send a report on the budgetary and financial management for year N to the European Parliament, the Council and the Court of Auditors by 31 March of year N + 1. That report shall indicate the expenditure of the Agency with reference to each of the elements of European Integrated Border Management as set out in Article 4.
Amendment 28 #
2015/0307(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Control at external borders remains one of the main safeguards of the area without controls at internal borders. It is carried out in the interest of all Member States. One of the purposes of such controls is to prevent any threat to the Member States' internal security and public policy, irrespectively of the origin of such threat, including where such threats derive from Union citizens.
Amendment 38 #
2015/0307(COD)
Proposal for a regulation
Recital 2
Recital 2
Amendment 45 #
2015/0307(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The documents of persons enjoying the right of free movement under Union law should therefore, as a general rule, be checked systematically against relevant databases related to stolen, misappropriated, lost and invalidated travel documents in order to avoid that persons hide their real identity.
Amendment 49 #
2015/0307(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Border guards should for the same reason also, as a general rule, systematically check persons enjoying the right of free movement under Union law against relevant national and European databases in order to ensure that they do not represent a threat to internal security or public policy.
Amendment 52 #
2015/0307(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Technological developments allow in principle to consult relevant databases without a minimum delaying to the process of crossing the border, as the controls on documents and persons can be carried out in parallel. It is therefore possible without negative effect on persons travelling in good faith toHowever, strengthening checks at external borders to better identify those persons who intend to hide their real identity or who are subject to relevant alerts for security reasons or for arrest. Systematic checks should be carried out at all external borders. However, if systematic checks at land and sea borders were to have a disproportionate impact on the flow of traffic at the border, Member States should be allowed not to carry out systematic checks against databases but only if based on a risk analysis assessing that such a relaxation would not lead to a security risk. Such risk assessment should be transmitted to the Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Council Regulation (EC) No 2007/20048 and be the subject of regular reporting both to the Commission and to the Agency. _________________ 8Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the E could have a negative effect on persons travelling in good faith. Nevertheless, as a general rule, systematic checks should be carried out at all external Bborders of the Member States of the European Union (OJ L 349, 25.11.2004, p.1).
Amendment 57 #
2015/0307(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) It should be possible for border guards to decide not to check relevant databases regarding a person enjoying the right of free movement under Union law if it can be clearly assessed that that person does not jeopardise the internal security of any of the Member States. Such persons could include, inter alia, children under the age of 12 and minors accompanied by parents; school pupils when travelling on organised excursions; elderly persons when travelling in an organised manner; pilots of aircraft and other crew members; Heads of State or government and the members of their delegation(s); holders of diplomatic, official or service passports and members of international organisations; rescue services, police and fire brigades and border guards; offshore workers; holders of permits required by national law in accordance with specific Member States' arrangements in bilateral agreements as referred to in point (a) of Article 4(2) of the Regulation (EU) 562/2006 of the European Parliament and of the Council1a ; _________________ 1aRegulation (EU) 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).
Amendment 60 #
2015/0307(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) However, should systematic checks at external borders have a disproportionate impact on the flow of traffic at the border, Member States should be allowed not to carry out systematic checks against relevant databases if, on the basis of a risk assessment, it is found that such a relaxation of checks would not lead to a security risk. Such risk assessments should be transmitted to the Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (the Agency) established by Council Regulation (EC) No 2007/20041a and be the subject of regular reporting both to the Commission and to the Agency. _________________ 1a Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1).
Amendment 78 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – introductory wording
Article 7 – paragraph 2 – introductory wording
(2) On entry and on exit, persons enjoying the right of free movement under Union law shall, as a general rule, be subject to the following checks:
Amendment 95 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 2 a (new)
Article 7 – paragraph 2 – subparagraph 2 a (new)
Border guards may decide not to check the relevant databases regarding a person enjoying the right of free movement under Union law if it can be clearly assessed that that person does not jeopardise the internal security of any of the Member States.
Amendment 102 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Where, at the external land and sea borders, the checks referred to in points a) and b) of the first subparagraph would have a disproportionate impact on the flow of traffic, Member States may carry out those checks on a targeted basis based on an assessment of the risks related to internal security, public policy, international relations of any of the Member States or a threat to public health.
Amendment 121 #
2015/0307(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
This amending Regulation shall expire five years after entry into force. The Council and European Parliament may decide, following a proposal of the Commission, to prolong the application of this Regulation.
Amendment 32 #
2015/0306(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) NSince third-country nationals residing irregularly in the Union do not possess valid travel documents, national authorities of the Member States experience serious difficulties in returning illegally stayinglawfully and safely returning them to theird- country nationals who possess no valid travel documentsof destination.
Amendment 34 #
2015/0306(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The lack of a harmonised travel document for return across the Union results in low recognition rates for such travel documents in Union readmission agreements with third countries due to the varying formats, standards and security features of existing travel documents for return.
Amendment 38 #
2015/0306(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Improving cooperation on return and readmission with the main countries of origin and transit of illegally staying third- country nationals, with full respect for fundamental rights, is essential for increasing rates of return, which are as yet unsatisfactory.
Amendment 39 #
2015/0306(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The current standard travel document for the expulsioreturn of third- country nationals, established by Council Recommendation of 30 November 199410 , is not widely accepted by authorities of third countries, for various reasons including its inadequate security standards. the lack of harmonised security and technical features and the lack of safeguards against counterfeiting and falsification. _________________ 10 Council Recommendation of 30 November 1994 concerning the adoption of a standard travel document for the expulsion of third-country nationals (OJ C 274, 19.6.1996, p. 18).
Amendment 44 #
2015/0306(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A more secure harmonised European travel document for the return of third-country nationals should be established tohelp facilitate the return and readmission of illegally staying third-country nationals staying illegally in the Union. Its enhanced security and technical features should facilitate its recognition by third countries. Such document should help carry out returns in the context of readmission agreements or other arrangements with third countries, as well as in the context of return-related co- operation with third countries not covered by formal agreements.
Amendment 50 #
2015/0306(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Readmission agreements concluded by the Union with third countries should seekinclude in their terms the recognition of the European travel document for return. Member States should seekinclude the recognition of the European travel document for return in bilateral agreements and other arrangements entered into as well as in the context of return-related co- operation with third countries not covered by formal agreements.
Amendment 52 #
2015/0306(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) If third countries entering into readmission agreements, either with the Union or the Member States, refuse to legally recognise the European travel document for return, a formal explanation for such refusal should be provided.
Amendment 55 #
2015/0306(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should only harmonise the format, and security and technical specifications of a European travel document for return and should not, in particular as regards safeguards against counterfeiting and falsification, and should neither specify the legal requirements of harmoniseing rules on the issuing of such document nor the merits of such harmonisation.
Amendment 56 #
2015/0306(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Member States should take all the necessary steps to issue the European travel document for returns to ensure the effective return of migrants staying illegally in the Union, with full respect for Union law.
Amendment 62 #
2015/0306(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The content and technical specifications of the European travel document for return should be harmonised in order to ensure high technical and security standards, in particular as regards safeguards against counterfeiting and falsification. The document should bear recognisable harmonised security features. HRequirements which conform to high technical and security standards already exist and are set according to Article 2 of Council Regulation (EC) No 333/200211 , whichand these should therefore be applied to the European travel document for return. _________________ 11 Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form (OJ L 53, 23.2.2002, p. 4).
Amendment 66 #
2015/0306(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to amend or supplement certain non-essential elements of the model for a European travel document for return, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016* In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ * OJ XXX, XXX, p. XXX.
Amendment 67 #
2015/0306(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) With regard to the processing of personal data within the framework of this Regulation, competent authorities shall carry out their tasks for the purposes of this Regulation in accordance with Regulation (EU) 2016/... of the European Parliament and of the Council1a and the national laws, regulations or administrative provisions transposing Directive 95/46/EC12(EU) 2016/...1b . _________________ 12Directive 95/46/ECaRegulation (EU) 2016/... of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.19957 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L X, XX.XX.XX, p. XX). 1b Directive (EU) 2016/… of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data and repealing Council Framework Decision 2008/977/JHA (OJ L XX, XX.XX.XX, p. 31XX).
Amendment 72 #
2015/0306(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the format, and the technical and security specifications of a harmonised European travel document for the safe return of third- country nationals.
Amendment 81 #
2015/0306(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European travel document for return shall be established in the official language or languages of the Member State that issues the return decision and, where appropriate, it shall be translated into English and French and into an official language of the third country of return.
Amendment 84 #
2015/0306(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The document shall be valid for a single journey tountil the returnee arrives at the third country of return.
Amendment 86 #
2015/0306(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where necessary, additional documents necessary for the return ofnd for the sole purpose of ensuring the safe readmission of the third-country nationals, additional documents may be attached to the European travel document for return, provided that they do not endanger the private life, liberty or property of the returnee and respect the data protection safeguards provided for in Regulation 2016/... of the European Parliament and of the Council and the national laws, regulations or administrative provisions transposing Directive 2016/... of the European Parliament and of the Council.
Amendment 89 #
2015/0306(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 6 in order to amend non-essential elements found in Article 3(1) of the format of the European travel document for return.
Amendment 90 #
2015/0306(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The security features and technical specifications of the European travel document for return shall be thoseupdated those already set in application of Article 2 of Council Regulation (EC) No 333/2002. in order to include digital elements which can ensure the security and safety of the document issued.
Amendment 83 #
2015/0281(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Taking account of the evolution of terrorist threats and legal obligations to the Union and Member States under international law, the definition of terrorist offences, including offences related to a terrorist group and offences related to terrorist activities, should be further approximated in all Member States, so that it covers more comprehensively conduct related to in particular foreign terrorist fighters and terrorist financing. These forms of behaviour should be punishable also if committed through the Internet, including social mediawhile respecting the principle of proportionality, with regard to the legitimate aims pursued and to the necessity of criminalisation in a democratic society.
Amendment 89 #
2015/0281(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Nothing in this directive shall have the effect of altering the rights, obligations and responsibilities of the Member States, humanitarian organisations and individuals under international law. The activities of parties to armed conflict, which are governed by international humanitarian law within the meaning of these terms under that law, and, inasmuch as they are governed by other rules of international law, are not governed by this Directive. Humanitarian activities carried out by impartial humanitarian organisations internationally recognised should not be considered as contributing to the criminal activities of terrorist groups.
Amendment 152 #
2015/0281(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) To ensure the success of investigations and prosecution of terrorist offences, offences related to a terrorist group and offences related to terrorist activities, those responsible for investigating and prosecuting such offences shall have the possibility to make use of effective investigative tools such as those used in combating organised crime and other serious crimes. Such tools should be proportionate to the nature and gravity of the offences under investigation. In order to ensure the respect of the fundamental rights and freedom and the presumption of innocence and effective procedural safeguards, the use of such investigative tools should always be subject to the control of a judicial authority, and mass surveillance should never be allowed. Every individual should dispose of effective remedies to challenge any violation of his fundamental rights.
Amendment 190 #
2015/0281(COD)
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects the principles recognised by, in accordance with Article 2 and 6 of the Treaty on the European Union, respects fundamental rights and freedoms and observesthe European Convention for the protection of human rights and fundamental freedoms, and other relevant obligations under international law, should not have the effect of requiring Member States to take measures arbitrarily or unnecessarily limiting fundamental rights and freedoms and the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including those set out in Chapters II, III, V and VI thereof which encompass inter alia the right to liberty and security, freedom of expression and information, freedom of association and freedom of thought conscience and religion, the general prohibition of discrimination in particular on grounds of race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, the right to respect for private and family life and the right to protection of personal data, the principle of legality and proportionality of criminal offences and penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption of innocence as well as freedom of movement as set forth in Article 21(1) of the Treaty on the Functioning of the European Union and Directive 2004/38/EC. This Directive has to be interpreted and implemented in accordance with these rights and principles.
Amendment 245 #
2015/0281(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The provision of humanitarian activities by internationally recognised humanitarian organizations shall not be considered as contributing to the criminal activities of the terrorist groups.
Amendment 259 #
2015/0281(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Fundamental principles relating to freedom of expression 1. This Directive shall not have the effect of requiring Member States to take measures in contradiction to fundamental rights and principles, especially those relating to freedom of thought and expression, in particular for the press and other media, as they result from fundamental principles governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability. 2. Nothing in this Directive should be interpreted as being intended to reduce or restrict the dissemination of information for scientific, academic or reporting purposes. The expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism, falls outside the scope of this Directive and, in particular, of the definition of public provocation to commit terrorist offences.
Amendment 360 #
2015/0281(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Fundamental rights and principles 1. This Directive shall not have the effect of altering the obligation to respect fundamental rights and principles enshrined in the Charter of Fundamental Rights of the European Union and Articles 2 and 6 of the Treaty on European Union, as well as in the European Convention for the Protection of Human Rights and Fundamental Freedoms and International humanitarian law, and shall be implemented and interpreted in accordance with these rights and principles. 2. Any restriction to fundamental rights and freedoms must be provided for by the law and be necessary and proportionate for the aim pursued. 3. Any person whose fundamental rights and freedoms have been violated in the exercise of counter-terrorism powers or the application of counter-terrorism law shall have the right to a speedy, effective and enforceable judicial remedy.
Amendment 46 #
2015/0125(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) According to data of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex), the Central and Eastern Mediterranean route were the main areas for irregular border crossing into the Union in 2014. In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277% compared to 2013, including more than 26100 children, of whom around 13000 were unaccompanied. A steady increase was also witnessed by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153% compared to 2013. Statistics for the first months of 2015 confirm this clear trend in respect of Italy. In addition, Greece has faced in the first months of 2015 a sharp increase in the number of irregular border crossings, corresponding to more than 50% of the total number of irregular border crossings in 2014 (almost 28 000 in the first four months of 2015 in comparison to a total number of almost 55 000 in 2014). A significant proportion of the total number of irregular migrants detected in these two regions included migrants of nationalities which, based on the Eurostat data, meet a high Union level recognition rate (in 2014, the Syrians and the Eritreans, for which the Union recognition rate is more than 75%, represented more than 40% of the irregular migrants in Italy and more than 50% of them in Greece). According to Eurostat, 30 505 Syrians were found to be irregularly present in Greece in 2014 compared to 8 220 in 2013.
Amendment 49 #
2015/0125(NLE)
Proposal for a decision
Recital 10
Recital 10
(10) According to Frontex data, another important migration route into the Union in 2014 was the Western Balkan route with 43 357 irregular border crossings. However, the majority of migrants using the Balkan route are not prima facie in need of international protection, with 51% of the arrivals being made up only of Kosovars.
Amendment 57 #
2015/0125(NLE)
Proposal for a decision
Recital 13 a (new)
Recital 13 a (new)
(13a) Furthermore calls for a rapid and full transposition and effective implementation of the Common European Asylum System by all participating Member States, thereby ensuring common European standards, including reception conditions for asylum seekers and respect for fundamental rights, as envisaged under existing legislation.
Amendment 87 #
2015/0125(NLE)
Proposal for a decision
Recital 25
Recital 25
(25) When deciding which applicants in clear need of international protection should be relocated from Italy and Greece, priority should be given to vulnerable applicants, and among those special attention should be given to unaccompanied children, within the meaning of Article 22 of Directive 2013/33/EU of the European Parliament and of the Council10. In this respect, special needs of applicants, including health, should be of primary concern. The best interests of the child should always be a primary consideration, including their full access to child-rights Organizations. 10 Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast) (OJ L 180, 29.6.2013, p.96).
Amendment 115 #
2015/0125(NLE)
Proposal for a decision
Article 2 – point d
Article 2 – point d
(d) ‘family members’ means family members as defined 'close relatives' means the spouse, children, parents, persons exercising point (g) of Article 2 of Regulation (EU) No 604/2013 of the European Parliament and of the Council;arental authority, grandparents and grandchildren; (Horizontal amendment. If adopted, applies throughout the text.)
Amendment 132 #
2015/0125(NLE)
Proposal for a decision
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Italy and Greece shall, at regular intervals during the period of application of this Decision, with the assistance of EASO and, where applicable, of Member States' liaison officers referred to in paragraph 8, identify the individual applicants to be relocated to the other Member States and communicate to the contact points of those Member States and to EASO the number of applicants that can be relocated. Priority shall be given for that purpose to vulnerable applicants within the meaning of Article 22 of Directive 2013/33/EU, and special attention should be given to unaccompanied children.
Amendment 2 #
2014/2817(INI)
Motion for a resolution
Citation 6
Citation 6
– having regard to its previous resolutions on the situation in the Eastern Neighbourhood and in particular its resolutions of 12 March 2014 on assessing and setting priorities for EU relations with the Eastern Partnership countries1 and of 17 April 2014 on Russian pressure on Eastern Partnership (EaP) countries and in particular destabilisation of eastern Ukraine2 , __________________ 1 Texts adopted, P7_TA(2014)0229. 2 Texts adopted, P7_TA(2014)0457.
Amendment 3 #
2014/2817(INI)
Motion for a resolution
Citation 7
Citation 7
– having regard to the Association Agenda which will substitute the ENP Action Planbetween the European Union and the Republic of Moldova which was endorsed on 26 June 2014 by the Cooperation Council and replaced the ENP Action Plan of 22 February 2005,
Amendment 17 #
2014/2817(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the Republic of Moldova ratified the AA/DCFTA on 2 July 2014 and certain provisions thereof are applied on a provisional basis starting from 1 September 2014, pending ratification by the EU Member States;
Amendment 28 #
2014/2817(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Warmly welcomes the signature of the Association Agreement, as constituting a significant step forward in EU-Moldova relations and embodying a commitment to the path of political association and economic integration; stresses that full implementation thereof is key and calls on the Member States to swiftly proceed with the ratification of the AA/DCFTA;
Amendment 40 #
2014/2817(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Association Agenda, which crea that includes concrete steps a practical framework tond conditionalities for achieveing the overriding objectives of the Association Agreement and should be the guiding framework for EU-Moldova relations;
Amendment 43 #
2014/2817(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that both Moldova and the EU should be involved in the implementation of the Agenda, and that the priorities set out therein should receive appropriate technical and financial support so that the benefits of the association can be visible to the Moldovan citizens as soon as possible; calls on the Commission to be guided by these priorities when programming financing for Moldova; emphasises the need to improve absorption capacity in Moldova in order to ensure the efficient implementation of projects and use of financing; calls on the parties to identify the training needs required to ensure that Moldova is able to carry out its obligations under the Agreement and Agenda;
Amendment 48 #
2014/2817(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Moldovan authorities to ensure that the upcoming electoral process takes place according to the highest European and international standards; urges them to work closely with the OSCE/ODIHR and the Venice Commission of the Council of Europe and to address their recommendations; highlights the important role that political actors and parties play and the need to ensure transparency in party financing;
Amendment 56 #
2014/2817(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on Moldova to tackle with renewed strength the reform of the judiciary and the law enforcement systems; stresses the need to intensify the fight against corruption at all levels, inter alia by fully implementing the legislative package adopted in 2013 and improving the track record of anticorruption institutions; calls on the Moldovan authorities to ensure that the mechanisms belonging to the anti- corruption system, particularly the National Anti-Corruption Centre and the National Integrity Centre, are properly financed and staffed and free from undue influence;
Amendment 58 #
2014/2817(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Expects that the implementation of the AA/DCFTA will contribute to sustainable development and the smooth integration of the Moldovan economy with the world markets, stimulating its modernisation and creating better labour conditions; urges the EU Commission to provide assistance and to advise Moldova on how to effectively deal with adaptation challenges in the short period, including in cooperation with trade unions and the local business community;
Amendment 75 #
2014/2817(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Welcomes the signature of the Agreement on the participation of the Republic of Moldova in the Horizon 2020 Framework Programme on 1 July 2014; believes that cooperation in this framework will boost growth, innovation, and competitiveness, creating new jobs and opportunities; calls for increased participation in EU community programs and agencies and for more twinning projects and student exchanges;
Amendment 82 #
2014/2817(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on Chisinau and Tiraspol to continue to engage constructively in order to find an effective solution tofor the settlement of the Transnistria conflictn issue and to take concrete steps to improve the lives of the region’s populationits population; regrets the postponement of the meeting in the "5+2" format, which was due to take place in Vienna on 11 and 12 September 2014; stresses that the so-called ‘'5+2’' framework for negotiations has so faris the sole format capable of guaranteeing the transparency and legitimacy necessary for a long-term solution and underlines that it needs to be supported by all its participant; expresses disappointment that so far this process has failed to ensure a solution, and auspicates a greater role for the EU; calls on the HR/VP and the EEAS to proactively seek an improved process for solving this conflict with a greater role for the EU; notework for a comprehensive settlement that respects the sovereignty and territorial integrity of the Republic of Moldova; highlights the need to ensure that the Transnistrian region, as an integral part of Moldova, is covered by the reach and effects of the Agreement; ssociation Agreement; to this end encourages the Moldovan authorities to reach out to the population, the business community and the civil society organisations thereof;
Amendment 24 #
2014/2254(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to its Resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity
Amendment 25 #
2014/2254(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
– having regard to the Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, adopted by the Foreign Affairs Council of 24 June 2013,
Amendment 134 #
2014/2254(INI)
Motion for a resolution
Recital G
Recital G
G. whereas many fundamental rights violations still occur in the EU and in Member States, as pointed out in reports by the Commission, the FRA, NGOs, the Council of Europe and the UN, such as the violations of the right to freedom of assembly and expression of civil society organisations, the institutional discrimination of LGBTI persons through marriage bans and anti-propaganda legislation, and the remaining high-levels of discrimination and hate crime motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity;
Amendment 135 #
2014/2254(INI)
Motion for a resolution
Recital G
Recital G
G. whereas many fundamental rights violations still occur in the EU and in Member States, as pointed out in reports by the Commission, the FRA, NGOs, the Council of Europe and the UN, such as the violations of the right to freedom of assembly and expression of civil society organisations, the institutional discrimination of LGBTI persons through marriage bans and anti-propaganda legislation, and the remaining high-levels of discrimination and hate crime motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity;
Amendment 168 #
2014/2254(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that it is essential to guarantee that the common European values listed in Article 2 TEU are upheld in full in both European and national legislation, public policies and their implementation;
Amendment 299 #
2014/2254(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores recent instances of anti- Semitic and anti-Islamic discrimination and violenceincidents of discrimination, hate speech and hate crime motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, gender, sexual orientation or gender identity, which occur in the EU on a daily basis; calls on Member States to protect freedom of religion or beliefundamental rights and to promote tolerance;
Amendment 440 #
2014/2254(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly deplores the fact that negotiations withat the Council has still not adopted the 2008 proposal for a Directive on implementing the Council on the proposal for an anti-discrimination directive have stalled, andprinciple of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the prioritization of this Directive by the European Commission; reiterates its call to the Council to adopt the proposal as soon as possible;
Amendment 514 #
2014/2254(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Condemns all forms of discrimination and violence on EU territory against lesbian, gay, transsexualgender, bisexual and intersex people (LGBTI), as fostered by laws and policies that restrict the fundamental rights of these persons; calls on the Commission and Member States to adopt laws and policies to combat homophobia and transphobia; calls on the Commission to issue an action plan or strategy against homophobia and for equality on grounds of sexual orientation and gender identity by the end of this year, as repeatedly called for by Parliament and as promised by Commissioner Jourova in the process of the Commission hearings;
Amendment 522 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to bring forward a proposal for the full mutual recognition of the effects of all civil status documents across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;
Amendment 525 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Considers that LGBTI people's fundamental rights are more likely to be safeguarded if they have access to legal institutions such as cohabitation, registered partnership or marriage; welcomes the fact that 18 Member States currently offer these options, and calls on other Member States to consider doing so;
Amendment 528 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Deplores that transgender people are still considered mentally ill in the majority of Member States and calls on them to review national mental health catalogues, while ensuring that medically necessary treatment remains available for all trans people;
Amendment 532 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Welcomes initiative shown by the Commission to drive depathologization of transgender identities in the review of the World Health Organisation's International Classification of Diseases; calls on the Commission to intensify efforts to prevent gender variance in childhood from becoming a new ICD diagnosis;
Amendment 533 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Strongly regrets that genital "normalization" surgery of intersex infants is widespread, despite not being medically necessary; welcomes, in this regard, the Maltese Gender Identity, Gender Expression and Sex Characteristics Act of April 2015, which bans such surgery on intersex infants and reinforces the principle of self- determination for intersex people, and calls on other states to follow the Maltese example;
Amendment 568 #
2014/2254(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concerns regarding investigations and convictions in connection with hate crimes in the Member States; calls on the EU to make the fight against hate crimes a priority when drawing up European policies against discrimination and in the field of justice; calls for a review of the framework decision on racism and xenophobiaEU legislation against hate speech and hate crime, expanding it to the grounds of religion, disability, sexual orientation and gender identity;
Amendment 717 #
2014/2254(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to monitor closely the implementation of Directive 2013/32/EU on Asylum Qualification, with particular attention to those asylum seekers in need of special procedural guarantees;
Amendment 366 #
2014/2216(INI)
Motion for a resolution
Paragraph 66
Paragraph 66
66. Points out that 78 countries still criminalise homosexuality, including seven which provide for the death penalty, and 20 countries still criminalise transgender identities; firmly condemns the recent increase in discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, worldwide, and most notably in Nigeria and Uganda; encourages close monitoring of the situation in Nigeria, Uganda, India and Russia, where new laws or recent legal developments seriously threaten the freedom of sexual minorities; reaffirms its support for the continuing work of the High Commissioner on Human Rights to combat these discriminatory laws and practices and for the work of the UN more generally on this issue;
Amendment 370 #
2014/2216(INI)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Welcomes the adoption in 2013 of the EU Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons; calls on the EEAS and the Commission to raise the issue of LGBTI rights in political and human rights dialogues with third countries and multilateral forums; emphasises the importance of the Commission and the EEAS continuing to raise the issue of LGBTI rights in political and human rights dialogues and of using the EIDHR to support organisations defending LGBTI rights by empowering them to challenge homo- and transphobic laws and discrimination against LGBTI people, raising awareness among the general public of the discrimination and violence experienced by persons of different sexual orientations and gender identities, and ensuring the provision of emergency assistance (from psychosocial and medical help to mediation and reintegration assistance) to those in need of such support;
Amendment 381 #
2014/2216(INI)
Motion for a resolution
Paragraph 68 a (new)
Paragraph 68 a (new)
68a. Calls upon the European Commission and the World Health Organisation to withdraw gender identity disorders from the list of mental and behavioural disorders; calls on the Commission to reinforce its efforts towards ending the pathologisation of trans identities; encourages states to ensure quick, accessible and transparent gender recognition procedures respecting the right to self-determination;
Amendment 382 #
2014/2216(INI)
Motion for a resolution
Paragraph 68 b (new)
Paragraph 68 b (new)
68b. Welcomes the growing political support to outlaw sterilisation as a requirement for legal gender recognition, as expressed by the UN Special Rapporteur on Torture and supports the view that such requirements should be treated and persecuted as a breach of the right to bodily integrity and sexual and reproductive health and rights;
Amendment 390 #
2014/2216(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Welcomes the annulment in October 2013 of the Moldovan law prohibiting the ‘propagation of any other relations than those related to marriage or family’, and calls on Lithuania and Russia to follow the Moldovan example; regrets the outcome of the Croatian referendum of December 2013, which endorsed a constitutional ban on equal marriage; highlights that such a referendum will take place in Slovakia in February 2015; regrets that in Macedonia, a bill constitutionally banning same-sex marriage is currently considered in Parliament; stresses that such referendumdevelopments contribute to a climate of homophobia and discrimination; stresses that there is a strong need for improved protection of basic rights and freedoms for LGBTI people, including by legislating on hate crimes and anti- discrimination legislation, and asks the national authorities to denounce hatred and violence on grounds of sexual orientation, gender identity or gender expression; considers that LGBTI persons’ fundamental rights are more likely to be safeguarded if they have access to legal institutions such as cohabitation, registered partnership or marriage;
Amendment 84 #
2014/0094(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) UniThe common policy ion the field of visas allowing for stays of up to 90 days in any 180 dayvisas is a fundamental component of the creation of a common area without internal borders. The common rules on the conditions and procedures for issuing visas should be governed by the principle of solidarity and mutual confidence between Member States.
Amendment 85 #
2014/0094(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Union Code on Visas (Visa Code; Regulation (EC) No 810/2009 aims, in) constituters alia, to further develop main element of the common visa policy as part of a multi-layer system in order to facilitate legitimate travel and tackle irregular immigration through further harmonisation of legislation and practiceson visas. It aims at the same time to secure a high level of security, tackle irregular immigration and facilitate legitimate travel. It should contribute to generating growth and be coherent with other Union policies, such as external relations, trade, education, culture and tourism.
Amendment 87 #
2014/0094(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Regulation (EC) No 810/2009 clarified and simplified the legal framework and greatly modernised and standardised visa procedures. However, as part of the further development of the acquis towards a truly common visa policy procedures and conditions for issuing visas should be further harmonised and their uniform application be reinforced.
Amendment 88 #
2014/0094(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It should also ensure that under certain conditionsFurther harmonisation is particularly necessary as regards the issuing multiple- entry visas are issued in order tos such visas lessen the administrative burden of Member States’ consulates and to facilitate smooth travel for frequent or regular travellers. Applicants known to the consulate for their integrity and reliability should as far as possible benefit from a simplified procedure.
Amendment 90 #
2014/0094(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 91 #
2014/0094(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 131 #
2014/0094(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) If there is noA harmonised list of supporting documents in a given location, Member States are free to define the exact supporting documents to be submitted by visa applicants in order to prove the fulfilment of the entry conditions required byshould be prepared in each location as such harmonised lists underline the common nature of the EU visa policy as set out in this Regulation. Where such a harmonised list of supporting documents exists, in order to provide facilitations for visa applicants, Member States should be allowed to provide certain exemptions from that list when major international events are organised in their territory. These events should be large scale and of particular importance due to their tourism and/or cultural impact, such as international or universal exhibitions and sports championships. If there is no such list, Member States are free to define the exact supporting documents to be submitted by visa applicants in order to prove the fulfilment of the entry conditions required by this Regulation.
Amendment 206 #
2014/0094(COD)
Proposal for a regulation
Article 12 – paragraph 7 – point d a (new)
Article 12 – paragraph 7 – point d a (new)
(da) participants aged 30 years or less participating in seminars, conferences, sports, cultural or educational events organised by non-profit organisations.
Amendment 227 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 1 – introductory part
Article 13 – paragraph 7 – subparagraph 1 – introductory part
Amendment 228 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 2
Article 13 – paragraph 7 – subparagraph 2
Amendment 309 #
2014/0094(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22 a European humanitarian visa 1. Persons seeking international protection may apply for a European humanitarian visa directly at any consulate or embassy of the Member States. Such a humanitarian visa shall allow the person to travel to the territory of Member State issuing the visa in order to lodge an application for international protection as defined in Article 2(a) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted. 2. When lodging the application for a European humanitarian visa the applicant shall provide the items referred to in Article 9(3) (a) to (e) and a justification for the need for international protection. This justification shall contain elements, including where possible documentary evidence, to justify the need for international protection under the terms of Directive 2011/95/EU. If any of the items referred to in Article 9(3) (a) to (e) cannot be provided the applicant shall provide reasons as to why this is not possible. Article 13 does not apply. 3. Consulates and embassies shall examine the application for a humanitarian visa and undertake an assessment of the justification provided by the applicant related to the need for international protection, if necessary in consultation with other national authorities. 4. When a consulate or an embassy considers that an applicant is in need for international protection it shall decide to issue a European humanitarian visa. 5. European humanitarian visas shall be issued as visas with limited territorial validity. Article 22 (2) - (5) shall apply. 6. The provisions of Articles 10, 11, 12, 14, 24, 25, 26, 27 and 31 shall apply. 7. Applicants who have been refused a humanitarian visa shall have the right to appeal in accordance with Article 29(3).
Amendment 347 #
2014/0094(COD)
Proposal for a regulation
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
1a. The consulate of the representing Member State shall, when contemplating refusing a visa, submit the application to the relevant authorities of the represented Member State in order for them to take the final decision on the application within the time limits set out in Article 20 (1), (2) or (3).
Amendment 9 #
2013/2945(RSP)
Motion for a resolution
Citation 9
Citation 9
– having regard to the fact that accession negotiations with Turkey were opened on 3 October 2005 and that the opening of such negotiations is the starting point for a long- lasting and open-ended process based on fair and rigorous conditionality and the commitment to reform, with the common goal of full EU membership as soon as the membership criteria' are fulfilled,
Amendment 14 #
2013/2945(RSP)
Motion for a resolution
Citation 12
Citation 12
– having regard to the fact that full compliance with the Copenhagen criteria and EU integration capacity, in accordance with the conclusions of the December 2006 European Council meeting, remains the basis for accession to the EU,
Amendment 116 #
2013/2945(RSP)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned that no progress had been made regarding anti-discrimination legislation and that the current anti- discrimination laws are insufficient and not in line with the EU acquis; stresses the urgent need for comprehensive anti- discrimination legislation and the establishment of an anti-discrimination and equality board to protect individuals against discrimination based on ethnicity, religion, gender, age, disability, sexual orientation or sexual identity;
Amendment 144 #
2013/2945(RSP)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Reiterates the importance of active and independent civil society organisations (CSO's) for democracy; underlines the importance of dialogue with them and stresses their crucial role in contributing to enhanced regional cooperation on social and political aspects; is therefore worried that CSO's continue to face fines, closure proceedings, and administrative obstacles to their operations and that consultation of CSO's remains to be an exception rather than the rule; welcomes the Turkish governments improved cooperation with NGOs, but calls for their broader consultation in policy-making, including the formulation of policies and legislation and in the monitoring of activities of the authorities;
Amendment 203 #
2013/2945(RSP)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights the problem of women not having equal access to education, the labour market and politics; underlines that further continuous work is needed to turn gender equality legislation into political, social and economic reality; encourages the Turkish government to ensure this, to proactively promote changes in stereotypes and in the perception of gender roles in all spheres; stresses the importance of mainstreaming gender equality in the legislative process and in the implementation of laws;
Amendment 237 #
2013/2945(RSP)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes the limited progress in the areas of labour and trade union rights; regrets that the legislation on trade unions rights is still not in line with EU and ILO standards and that collective action by trade unions suffers numerous restrictions; calls on Turkey to continue working on new legislation in this area to ensure that it is in line with the EU acquis and ILO conventions;
Amendment 9 #
2013/2074(INI)
Motion for a resolution
Recital A
Recital A
A. whereas corruption can be defined as the abuse of entrusted power for privatedirect or indirect personal gain, and whereas acts of corruption include the crimes of bribery, embezzlement, fraud, extortion and blackmail, the abuse of discretion, favouritism, nepotism and clientelism, improper political contributions, trading in influence, abuse of functions and illicit enrichment, as defined by the UNCAC;
Amendment 202 #
2013/0256(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) For the purposes of stimulating and strengthening coordination and cooperation between national investigating and prosecuting authorities it is crucial that Eurojust receives relevant information from national authorities necessary for the performance of its tasks. To this end, national competent authorities should be obliged, within a clear deadline, to inform their national members of the setting up and results of joint investigation teams, of cases under the competence of Eurojust directly involving at least three Member States and for which requests or decisions on judicial cooperation have been transmitted to at least two Member States, as well as, under certain circumstances, information on conflicts of jurisdiction, controlled deliveries and repeated difficulties in judicial cooperation.
Amendment 205 #
2013/0256(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Whilst the processing of personal data at Eurojust fallFollowing the adoption in April 2016 of Regulation (EU) 2016/679 ('the General Data Protection Regulation') and Directive (EU) 2016/680 ('the Police Directive), the Commission has proposed a Regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies uander on the scope offree movement of such data (COM (2017)8 final) which will repeal current Regulation (EC) 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 data13 , t. The processing of personal data by the Member State's authoritiesat Eurojust and the transfer of such data toby Eurojust arshould fall under the scovered by the Council of Europe Convention 108 [to be replaced by the relevant Directive in force pe of the revised Regulation repealing Regulation (EC) 45/2001. The processing of personal data by the Member State's authorities and the transfer of such data the moment of adoption]. o Eurojust are covered by the 'Police Directive'. _________________ 13 OJ L 8, 12.1.2001, p. 1
Amendment 206 #
2013/0256(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 211 #
2013/0256(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Specifically as regards the European Public Prosecutor’s Office (‘EPPO’), Eurojust should retain a residual competence for offences laid down in the PIF Directive, where the EPPO is not competent; where the EPPO is competent but does not exercise its competence; where Member States which are not participating in the EPPO seek support from Eurojust, and where the EPPO itself seeks the support of Eurojust. In addition, an ongoing competence for Eurojust in respect of offences for which the EPPO will ultimately be competent should be ensured, until such time as the EPPO is set up and has assumed the tasks conferred on it in Regulation [implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office].
Amendment 227 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, its competence shall not include the crimes for which the European Public Prosecutor's Office is competenUntil the date when the European Public Prosecutor’s Office (‘EPPO’) has assumed its investigative and prosecutorial tasks conferred on it in accordance with Article 75 of Regulation implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office, Eurojust’s competence shall cover the criminal offences listed in Annex 1. However, from the date the EPPO assumes its tasks, Eurojust shall only be competent in cases where the EPPO is competent but does not exercise its competence; where Member States which are not participating the EPPO seek support from Eurojust, and where the EPPO itself seeks the support of Eurojust.
Amendment 230 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 232 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Eurojust’s competence shall cover related criminal offences to the criminal offences laid down in Annex 1. The following offences shall be regarded as related criminal offences:
Amendment 234 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
b) assist the competent authorities of the Member States in ensuringe the best possible coordination of investigations and prosecutions conducted by the competent authorities of the Member States;
Amendment 236 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
c) give assistance in order to improve cooperation between the competent authorities of the Member States, in particular on the basis of Europol's analyses;
Amendment 240 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
e a) support, and where appropriate participate, in the Union centres of specialised expertise developed by Europol and other Union bodies;
Amendment 245 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. On request of a competent authority, or on its own initiative, Eurojust shall issue a written opinion on recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion shall be promptly forwarded to the Member States concerned.
Amendment 259 #
2013/0256(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
a) all the national members when the College exercises its operational functions under Article 4;
Amendment 262 #
2013/0256(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
b) all the national members and two representatives of the Commission when the College exercises its management functions under Article 14management issues are discussed or measures thereon are adopted.
Amendment 311 #
2013/0256(COD)
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6 a. For the purposes of paragraphs 3- 6 above, the competent authorities of the Member States shall inform their national members at the latest within 14 days.
Amendment 320 #
2013/0256(COD)
Proposal for a regulation
Chapter 4 – title
Chapter 4 – title
Amendment 322 #
Amendment 330 #
2013/0256(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Amendment 332 #
2013/0256(COD)
Proposal for a regulation
Article 27 b (new)
Article 27 b (new)
Article 27 b Processing of Administrative personal data 1. Regulation (EC) No 45/2001 applies to all administrative personal data held by Eurojust. 2. Eurojust shall determine the retention periods for administrative personal data in the data protection provisions of its rules of procedure.
Amendment 333 #
Amendment 338 #
2013/0256(COD)
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Article 28 a Lawfulness of processing Processing shall be lawful only if and to the extent that processing is necessary for the performance of a task carried out by Eurojust and that it is based on Union law.
Amendment 339 #
2013/0256(COD)
Proposal for a regulation
Article 28 b (new)
Article 28 b (new)
Article 28 b Distinction between different categories of data subjects Eurojust shall, where applicable and as far as possible, make a clear distinction between personal data of different categories of data subjects, such as: (a) persons with regard to whom there are serious grounds for believing that they have committed or are about to commit a criminal offence; (b) persons convicted of a criminal offence; (c) victims of a criminal offence or persons with regard to whom certain facts give rise to reasons for believing that they could be the victim of a criminal offence; and (d) other parties to a criminal offence, such as persons who might be called on to testify in investigations in connection with criminal offences or subsequent criminal proceedings, persons who can provide information on criminal offences, or contacts or associates of one of the persons referred to in points (a) and (b).
Amendment 340 #
2013/0256(COD)
Proposal for a regulation
Article 28 c (new)
Article 28 c (new)
Article 28 c Distinction between personal data and verification of quality of personal data 1. Eurojust shall distinguish, as far as possible, personal data based on facts from personal data based on personal assessments. 2. Eurojust shall process personal data in such a way that it can be established which authority provided the data or where the data has been retrieved from. 3. Eurojust shall take all reasonable steps to ensure that personal data which are inaccurate, incomplete or no longer up to date are not transmitted or made available. To that end, Eurojust shall, as far as practicable, verify the quality of personal data before they are transmitted or made available. As far as possible, in all transmissions of personal data, it shall add necessary information enabling the recipient to assess the degree of accuracy, completeness and reliability of personal data, and the extent to which they are up to date shall be added. 4. If it emerges that incorrect personal data have been transmitted or personal data have been unlawfully transmitted, the recipient shall be notified without delay. In such a case, the personal data shall be rectified or erased or processing shall be restricted.
Amendment 341 #
2013/0256(COD)
Proposal for a regulation
Article 28 d (new)
Article 28 d (new)
Article 28 d Specific processing conditions 1. When Eurojust provides for specific conditions for processing, it shall inform the recipient of such personal data of those conditions and the requirement to comply with them. 2. Eurojust shall comply with specific processing conditions for processing provided by a national authority in accordance with Article 9 (3) and (4) of Directive (EU) 2016/680.
Amendment 342 #
2013/0256(COD)
Proposal for a regulation
Article 28 e (new)
Article 28 e (new)
Amendment 343 #
2013/0256(COD)
Proposal for a regulation
Article 28 f (new)
Article 28 f (new)
Article 28 f Processing of special categories of personal data 1. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, personal data concerning health or personal data concerning a natural person's sex life or sexual orientation shall be allowed only where strictly necessary for the performance of tasks of Eurojust, subject to appropriate safeguards for the rights and freedoms of the data subject and only if they supplement other operational personal data already processed by Eurojust. 2. The data protection officer shall be informed immediately of recourse to this Article.
Amendment 344 #
2013/0256(COD)
Proposal for a regulation
Article 28 g (new)
Article 28 g (new)
Article 28 g Automated individual decision-making, including profiling The data subject shall have the right not to be subject to a decision of Eurojust based solely on automated processing, including profiling, which produces legal effects concerning him/her or similarly significantly affects him/her.
Amendment 345 #
2013/0256(COD)
Proposal for a regulation
Article 28 h (new)
Article 28 h (new)
Amendment 346 #
2013/0256(COD)
Proposal for a regulation
Article 28 i (new)
Article 28 i (new)
Amendment 347 #
2013/0256(COD)
Proposal for a regulation
Article 28 j (new)
Article 28 j (new)
Amendment 348 #
2013/0256(COD)
Proposal for a regulation
Article 28 k (new)
Article 28 k (new)
Amendment 349 #
2013/0256(COD)
Proposal for a regulation
Article 28 l (new)
Article 28 l (new)
Article 28 l Exercise of rights by the data subject and verification by the European Data Protection Supervisor 1. In the cases referred to in Articles 28h(3), 28i and 28k(4), the rights of the data subject may also be exercised through the European Data Protection Supervisor. 2. Eurojust shall inform the data subject of the possibility of exercising his or her rights through the European Data Protection Supervisor pursuant to paragraph 1. 3. Where the right referred to in paragraph 1 is exercised, the European Data Protection Supervisor shall at least inform the data subject that all necessary verifications or a review by it have taken place. The European Data Protection Supervisor shall also inform the data subject of his or her right to seek a judicial remedy in the Court of Justice of the European Union.
Amendment 350 #
2013/0256(COD)
Proposal for a regulation
Article 28 m (new)
Article 28 m (new)
Amendment 351 #
2013/0256(COD)
Proposal for a regulation
Article 28 n (new)
Article 28 n (new)
Amendment 352 #
2013/0256(COD)
Proposal for a regulation
Article 28 o (new)
Article 28 o (new)
Amendment 358 #
2013/0256(COD)
Proposal for a regulation
Article 32
Article 32
Amendment 362 #
2013/0256(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 377 #
2013/0256(COD)
Proposal for a regulation
Chapter 4 a (new)
Chapter 4 a (new)
Amendment 400 #
2013/0256(COD)
Proposal for a regulation
Article 44
Article 44
Amendment 403 #
Amendment 410 #
2013/0256(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The President of the CollegBefore taking office, the newly appointed President of the College shall be invited to make a statement before the competent committee or committees of the European Parliament and answer questions put by its or their members. During his or her term of office, he or she shall appear before the European Parliament, at theirits request, to discuss matters relating to Eurojust, and in particular to present its Annual Reports, taking into account the obligations of discretion and confidentiality. Discussions shall not refer directly or indirectly to concrete actions in relation with specific operational cases.
Amendment 412 #
2013/0256(COD)
Proposal for a regulation
Article 55 – paragraph 4
Article 55 – paragraph 4
4. Eurojust shall transmit its Annual Report to the national Parliaments. Eurojust shall also transmit to the national Parliaments the documents referred to in paragraph 3 in the respective official languages.
Amendment 113 #
2013/0157(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) All of the providers of port services should always, in particular within the scope of this Regulation, act in public interest.
Amendment 405 #
2013/0157(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The charges for the services provided by an internal operator, as referred to in Article 9(1), and the charges levied by providers of a port service, in cases of limitation of the number of providers which have not been designated on the basis of procedures which are open, transparent and non- discriminatory performed in public interest in accordance with point (b) of Article 6(1), shall be set in a transparent and non-discriminatory way. These charges shall, as far as possible, reflect the conditions on a competitive relevant market and shall not be disproportionate to the economic value of the service provided.
Amendment 448 #
2013/0157(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The managing body of the port shall consult on an annual basis prior to the setting of port infrastructure charges the port users' advisory committee on the structure and levelprovide the port users with adequate information about the structure and criteria used to determine the port infrastructure charges. It shall consult the port users in the event of substantial changes to the port infrastructure charges prior to the setting of such charges. The providers of port services as referred to in Article 6 and in Article 9 shall consult the port users, on an annual basis and prior to the setting of port service charges the port users' advisory committeeperformed in public interest, on the structure and level of such charges. The managing body of the port shall provide adequate facilities for such consultation and shall be informed of the results of the consultation by the providers of port services.
Amendment 177 #
2013/0091(COD)
Proposal for a regulation
Recital 39
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.
Amendment 185 #
2013/0091(COD)
Proposal for a regulation
Recital 42
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 ensuresupervise Europol operational data in a coordinated manner to ensure an effective and coherent application of this Regulation throughout the Union.
Amendment 436 #
2013/0091(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 2
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.
Amendment 439 #
2013/0091(COD)
Proposal for a regulation
Article 31 – paragraph 3
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/sheit applied paragraph 2.
Amendment 484 #
2013/0091(COD)
Proposal for a regulation
Article 36 – paragraph 4
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 SupervisorJoint Supervisory Authority.
Amendment 488 #
2013/0091(COD)
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Every six months Europol shall providmake 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..
Amendment 499 #
2013/0091(COD)
Proposal for a regulation
Article 38 – paragraph 3 a (new)
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.
Amendment 539 #
2013/0091(COD)
Proposal for a regulation
Article 42 – paragraph 2
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.
Amendment 541 #
2013/0091(COD)
Proposal for a regulation
Article 42 – paragraph 3 – subparagraph 1
Article 42 – paragraph 3 – subparagraph 1
The Joint Supervisory Authority and the European Data Protection Supervisor shall deliver his/herits opinion within two months following receipt of the notification. This period may be suspended until the European Data Protection SupervisorSupervisory Authorities hasve obtained any further information that he/sheit 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 SupervisorSupervisory Authorities. This decision shall be notified to Europol prior to expiry of the initial two-month period.
Amendment 543 #
2013/0091(COD)
Proposal for a regulation
Article 42 – paragraph 4
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/herit 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.
Amendment 545 #
2013/0091(COD)
Proposal for a regulation
Article 43 – paragraph 2
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 SupervisorSupervisory Authorities shall use that information only for the control of data protection and ensuring proper data processing as well as data integrity and security.
Amendment 551 #
2013/0091(COD)
Proposal for a regulation
Article 44 – paragraph 7 – point e
Article 44 – paragraph 7 – point e
(e) cooperating with the European Data Protection Supervisor; and the Joint Supervisory Authority.
Amendment 552 #
2013/0091(COD)
Proposal for a regulation
Article 44 – paragraph 7 – point f
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.
Amendment 561 #
2013/0091(COD)
Proposal for a regulation
Article 44 – paragraph 10
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.
Amendment 565 #
2013/0091(COD)
Proposal for a regulation
Article 45 – title
Article 45 – title
Supervision by theat national supervisory authoritylevel
Amendment 566 #
2013/0091(COD)
Proposal for a regulation
Article 45 – paragraph 3
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.
Amendment 568 #
2013/0091(COD)
Proposal for a regulation
Article 46 – title
Article 46 – title
Supervision by the European Data Protection Supervisoron operational data
Amendment 570 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 1
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
Amendment 571 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
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.
Amendment 573 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
Article 46 – paragraph 2 – introductory part
2. The European Data Protection SupervisorJoint Supervisory Authority shall have the following duties under this Regulation:
Amendment 574 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
(a) hear and investigate complaints, and inform the data subject of the outcome within a reasonable periodassist the European Data Protection Supervisor in the investigation of complaints;
Amendment 577 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
(b) conduct inquiries either on his/herits own initiative or on the basis of a complaint, and inform the data subjects of the outcome within a reasonable period;
Amendment 579 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point d
Article 46 – paragraph 2 – point d
(d) advise Europol, either on his/herits 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;
Amendment 581 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point f
Article 46 – paragraph 2 – point f
(f) keep a register of processing operations notified to him/herit by virtue of Article 42(1) and registered in accordance with 42(4),
Amendment 582 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point g
Article 46 – paragraph 2 – point g
(g) carry out a prior check of processing notified to him/herit.
Amendment 584 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 3 – introductory part
Article 46 – paragraph 3 – introductory part
3. The European Data Protection SupervisorJoint Supervisory Authority may under this Regulation:
Amendment 587 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 3 – point h
Article 46 – paragraph 3 – point h
Amendment 588 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 3 – point i
Article 46 – paragraph 3 – point i
Amendment 590 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 4 – introductory part
Article 46 – paragraph 4 – introductory part
4. The European Data Protection SupervisorJoint Supervisory Authority shall have the power:
Amendment 592 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 4 – point a
Article 46 – paragraph 4 – point a
(a) to obtain from Europol access to all personal data and to all information necessary for his/herits enquiries;
Amendment 593 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 4 a (new)
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.
Amendment 594 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 4 b (new)
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.
Amendment 598 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. The European Data Protection SupervisorJoint 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..
Amendment 599 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 6
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.
Amendment 602 #
2013/0091(COD)
Proposal for a regulation
Article 47 – title
Article 47 – title
Amendment 604 #
2013/0091(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The European Data Protection Supervisor shall act in close cooperation with national sJoint 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.
Amendment 606 #
2013/0091(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. In tThe caseosts referrlated to in paragraph 1, the European Data Protection Supervisor and the national sall the supervising activities of the Joint Supervisory aAuthoritiesy 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.
Amendment 608 #
2013/0091(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Amendment 612 #
2013/0091(COD)
Proposal for a regulation
Article 48 – title
Article 48 – title
Supervision on Administrative personal data and Staff data
Amendment 614 #
2013/0091(COD)
Proposal for a regulation
Article 48 – paragraph 1
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.
Amendment 49 #
2013/0081(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Evidence of acceptance of a student by an establishment of higher education could include, among other possibilities, a letter or certificate confirming his/her acceptance or enrolment.
Amendment 51 #
2013/0081(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Member States may charge applicants for processing applications for authorisations. The fees should be proportionate to the purpose of the stayshould consider waiving fees for entry and residence of third-country nationals for the purposes of this Directive. Should Member States require third-country nationals to pay fees, those should be proportionate to the purpose of the stay. Member States may however charge applicants for processing applications for authorisations.
Amendment 58 #
2013/0081(COD)
Proposal for a directive
Recital 33
Recital 33
(33) In order to allow third-country national students to better cover part of the cost of their studies, they should be given increased access to the labour market under the conditions set out in this Directive, meaning a minimum of 20 hours per week. The principle of access for students to the labour market should be a general rule. However, in exceptional circumstances Member States should be able to take into account the situation of their national labour markets, although this must not risk entirely negating the right to work.
Amendment 71 #
2013/0081(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Once all the general and specific conditions for admission are fulfilled, applicants shall be entitled to a long-stay visa and/or residence permit with the same validity period. If a Member State issues residence permits only on its territory and not elsewhere and all the admission conditions laid down in this Directive are fulfilled, the Member State concerned shall issue the third -country national the requisite visa.
Amendment 77 #
2013/0081(COD)
Proposal for a directive
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
Amendment 120 #
2013/0081(COD)
Proposal for a directive
Article 26 – title
Article 26 – title
Right to mobility between Member States for researchers, students, school pupils, volunteers, au pairs, unremunerated and remunerated trainees
Amendment 124 #
2013/0081(COD)
Proposal for a directive
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. For periods exceeding three months, but not exceeding six months, a third-country national who has been admitted as a student or as a, school pupil, volunteer, au pair or as an unremunerated or remunerated trainee under this Directive shall be allowed to carry out part of his/her studies/traineeship in another Member State provided that before his or her transfer to that Member State, he/she has submitted the following to the competent authority of the second Member State:
Amendment 127 #
2013/0081(COD)
Proposal for a directive
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
(c) proof that he/she has been accepted by an establishment of higher education or a training, school, family, training or a volunteer host entity;
Amendment 132 #
2013/0081(COD)
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
3. For the mobility of students an, school pupils, au pairs, volunteers and remunerated and unremunerated trainees from the first Member State to a second Member State, the authorities of the second Member State shall inform the authorities of the first Member State on their decision. The cooperation procedures set out in Article 32 shall apply.
Amendment 135 #
2013/0081(COD)
Proposal for a directive
Article 27 – title
Article 27 – title
Rights for researchers, school pupils, volunteers, unremunerated and remunerated trainees and students covered by Union programmes including mobility measures
Amendment 138 #
2013/0081(COD)
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall grant third-country nationals, who have been admitted as researchers, school pupils, volunteers, unremunerated or remunerated trainees or students under this Directive and who are covered by Union programmes including mobility measures, an authorization covering the whole duration of their stay in the Member States concerned where:
Amendment 140 #
2013/0081(COD)
Proposal for a directive
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) the full list of Member States that the researcher, school pupil, volunteer, unremunerated or remunerated trainee or student intends to go to is known prior to entry to the first Member State;
Amendment 143 #
2013/0081(COD)
Proposal for a directive
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) in the case of students or school pupils, the applicant can provide evidence of acceptance by the relevant educational establishment of higher education to follow a course of study.
Amendment 145 #
2013/0081(COD)
Proposal for a directive
Article 27 – paragraph 1 – point b a (new)
Article 27 – paragraph 1 – point b a (new)
(ba) in the case of volunteers, the applicant can provide evidence of acceptance by the relevant volunteering provider organisation or programme, such as the European Voluntary Service.
Amendment 160 #
2013/0081(COD)
Proposal for a directive
Article 31
Article 31
Member States shall consider waiving fees for entry and residence of third-country nationals for the purpose of this Directive. Member States may require applicants to pay fees for the processing of applications in accordance with this Directive. The amount of such fees shall not endanger the fulfilment of its objectives.
Amendment 162 #
2013/0081(COD)
Proposal for a directive
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. Member States shall facilitate the application procedure by allowing third- country nationals to apply and to be able to complete the procedure for any Member State in the embassy or consulate of the Member State which is most convenient for the applicant.
Amendment 164 #
2013/0081(COD)
Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [two yearsix months after the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 52 #
2013/0027(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) Children are exposed to internet and other modern technology from the very early stage of their lives as well as to threats that come with it. A proper governance of child-friendly online space is crucial to mitigate harm and ensure that the protection of children and their rights are not compromised;
Amendment 58 #
2013/0027(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) A fraudulent use of the internet enables organised crime to expand its activities online for the purposes of money laundering, counterfeiting and other IPR infringing products and services as well as to experiment with new criminal activities, thereby revealing a fearsome ability to adapt to modern technology;
Amendment 62 #
2013/0027(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) Cybercrime is creating increasingly significant economic and social damage affecting millions of consumers and is causing annual losses estimated at EUR 290 billion1; __________________ 1 According to the Norton Cybercrime Report 2012.
Amendment 63 #
2013/0027(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) Personal data is often obtained fraudulently, especially by organised crime, to create false documents or alter genuine documents and thus committing other crimes;
Amendment 64 #
2013/0027(COD)
Proposal for a directive
Recital 31 b (new)
Recital 31 b (new)
(31b) According to research by the Commission1, 1.8% of Internet users in the European Union have been victims of identity theft and 12% have been victims of some form of online fraud. The protection of personal data online is an essential precondition for combating online crime and is an important tool for restoring citizens' trust in online services; __________________ 1 Special Report No 390 on Cybercrime, July 2012.
Amendment 65 #
2013/0027(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) This directive should only be adopted after the General Data Protection legislation has been adopted;
Amendment 14 #
2013/0023(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) With regard to the criminal offences foreseen in this Directive, intention must apply to all the elements constituting the offences referred to in this Directive. The intentional nature of an act or omission may be inferred from objective, factual circumstances. Offences by natural persons which do not require intention are not covered by this Directive.
Amendment 22 #
2013/0023(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The establishment of minimum sanctions is intended to ensure consistency and effective deterrence across all EU Member States. It is also intended to discourage criminals from "forum shopping" - choosing to locate in the Member States with the lowest level of sanctions. Such minimum sanctions should not, however, in any way interfere with the prerogative of Member States' courts and judges to apply their discretion in an individual case when determining the appropriate sanction based on the circumstances of that case.
Amendment 25 #
2013/0023(COD)
Proposal for a directive
Recital 18
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.
Amendment 27 #
2013/0023(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) The minimum sanction of six months ensures that a European Arrest Warrant can be issued and executed for the offences listed in Article 2 of the Framework Decision on the European Arrest Warrant, thus ensuring that judicial and law enforcement cooperation will be as efficient as possible. More severe sanction levels should be imposed for cases when the offence was committed within a criminal organisation in the sense of Council Framework Decision 2008/841/JHA.
Amendment 29 #
2013/0023(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 39 #
2013/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d – point ii
Article 3 – paragraph 1 – point d – point ii
(ii) holograms, watermarks or other components of currency which serve to protect against counterfeiting.
Amendment 42 #
2013/0023(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 46 #
2013/0023(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Offences referred to in points (a), (b) and (c) of Article 3(1) involving notes and coins of a total nominal value of at least EUR 5 000r potential nominal value of at least EUR 5 000 or the equivalent amount in the currency of the relevant counterfeited notes or coins, shall be punishable by imprisonment with a maximum penalty of at least eight years.
Amendment 50 #
2013/0023(COD)
Proposal for a directive
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. Offences referred to in points (a), (b) and (c) of Article 3(1) involving notes and coins of a total nominal value of at least EUR 10 000r potential nominal value of at least EUR 10 000 or the equivalent mount in the currency of the relevant counterfeited notes or coins, or involving particularly serious circumstances shall be punishable by
Amendment 57 #
2013/0023(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. If the necessary samples of suspected counterfeit notes and coins cannot be transmitted because it is necessary to retain them as evidence in criminal proceedings in order to guarantee a fair and effective trial and the right of defence of the suspected perpetrator, the National Analysis Centre and Coin National Analysis Centre shall be given access to them without delay. Immediately after the proceedings have concluded, the judicial authorities shall transmit these necessary samples of each type of suspected counterfeit note to the National Analysis Centre and each type of suspected counterfeit coin to the Coin National Analysis Centre.
Amendment 1 #
2013/0000(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the Commission's proposal for a Directive of the European Parliament and of the Council on 5 February 2013 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2013/0025 (COD)),
Amendment 2 #
2013/0000(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
– having regard to The Financial Action Task Force (FATF) Recommendations of February 2012 on International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation,
Amendment 15 #
2013/0000(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the loss of revenues raises the deficit and debt levels of the Member States (MS), thereby reducing the funds available to fostering public investment, growth and employment, employment and protecting the public social services, threatened by the current fiscal crisis;
Amendment 18 #
2013/0000(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas tax fraud, tax avoidance and all forms of tax crime produce and further facilitate socially detrimental profiteering which leads to growing social inequality, increases citizens' mistrust in democratic institutions and cultivates an environment of democratic deficit;
Amendment 22 #
2013/0000(INI)
Motion for a resolution
Recital C
Recital C
C. whereas tax fraud and tax evasion constitute an illegal activity of evading tax liabilities, while, on the other hand, tax avoidance is the legal but improper and inherently malevolent utilisation of the tax regime to reduce or avoid tax liabilities;
Amendment 39 #
2013/0000(INI)
Motion for a resolution
Recital E
Recital E
E. whereas unilateral national measures have proven ineffective, inefficient and in some cases even detrimental to the cause, and this necessitates a coordinated and multi- pronged approach at national, EU and international level;
Amendment 45 #
2013/0000(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas investigative journalism, the non-governmental sector and the academic community have been instrumental in exposing cases of tax fraud, tax avoidance and tax havens and duly informing the public thereof;
Amendment 77 #
2013/0000(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Proposes the introduction of requirements for unconditional cooperation with the EU on money laundering, tax fraud and tax avoidance issues for MS and their dependant territories seeking financial assistance;
Amendment 92 #
2013/0000(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission and the Member States to strictly apply the EU standards in tax related matters as a condition in their respective relations with third countries, in particular in cases of future bilateral or multilateral trade agreements;
Amendment 93 #
2013/0000(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to and the Member States closely review and duly implement the Financial Action Task Force (FATF) Recommendations of February 2012;
Amendment 94 #
2013/0000(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to commit to an ambitious but realistic target of halving the tax gap by 2020, since this would gradually generate new tax revenue without raising tax rates and endangering the existing public social services;
Amendment 138 #
2013/0000(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Encourages the Commission to introduce proposals for a harmonised tackling of tax fraud under criminal law, in particular as regards crossborder and mutual investigations; bwelievcomes that explicit mentione Commission's proposed measure of listing of tax crimes as predicate offences to money laundering should be included in the review of the Thirdnew Anti- Money Laundering Directive (2013/0025 (COD)) and calls on the Council and the European Parliament to adopt without delay;
Amendment 146 #
2013/0000(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Encourages the Member States to adequately and swiftly transpose the new Anti-Money Laundering Directive (2013/0025 (COD)) and implement provisions which list tax crimes as predicate offences to money laundering in their national legislations;
Amendment 206 #
2013/0000(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the Commission and the Member States to consider setting up measures to enable the social reuse of funds confiscated through criminal proceedings in cases of tax fraud and tax avoidance; therefore calls for a substantial part of the funds confiscated to be reused for social purposes and reinjected into the local and regional economies directly or indirectly affected by tax crimes;
Amendment 209 #
2013/0000(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the Commission and the Member States to foster an environment where the role of the civil society in exposing cases of tax fraud and tax havens will be fully protected, inter alia by setting up effective systems of whistleblower and journalistic' sources protection;
Amendment 216 #
2013/0000(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Urges the Commission to compile and create a European blacklist of tax havens; calls on Member States to suspend or terminate existing Double Tax Conventions with jurisdictions that are on the blacklist, and to initiate Double Tax Conventions with jurisdictions that cease to be tax havens; and also consider reviewing and/or revoking licences for financial institutions which operate in blacklisted territories;
Amendment 230 #
2013/0000(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Commission and the Member States to review and reconsider any bilateral and/or multilateral agreement with jurisdictions listed on the blacklist;
Amendment 11 #
2012/2870(RSP)
Motion for a resolution
Citation 8
Citation 8
– having regard to the fact that accession negotiations with Turkey were opened on 3 October 2005 after the Council had approved the Negotiating Framework, and that the opening of such negotiations is the starting point for a long-lasting and open- ended process based on fair and rigorous conditionality and the commitment to reform, with the common goal of full EU membership as soon as the membership criteria's are fulfilled,
Amendment 19 #
2012/2870(RSP)
Motion for a resolution
Citation 11
Citation 11
– having regard to the fact that full compliance with the Copenhagen criteria and EU integration capacity, in accordance with the conclusions of the December 2006 European Council meeting, remain the basis for accession to the EU, which is a community based on shared values, sincere cooperation and mutual solidarity amongst all its Member States,
Amendment 203 #
2012/2870(RSP)
Motion for a resolution
Paragraph 14a (new)
Paragraph 14a (new)
14a. Stresses the importance of active and independent civil society organisations (CSO's) for democracy; underlines the importance of dialogue with CSO's and stresses their crucial role in contributing to enhanced regional cooperation on social and political aspects; is therefore worried that CSO's continues to face fines, closure proceedings, and administrative obstacles to their operations and that consultation of CSO's remains to be an exception rather than the rule; welcomes the Turkish government's improved cooperation with NGOs, but calls for their broader consultation in policy-making, including the formulation of policies and legislation and in the monitoring of activities of the authorities;
Amendment 204 #
2012/2870(RSP)
Motion for a resolution
Paragraph 14b (new)
Paragraph 14b (new)
14b. Notes the limited progress in the areas of labour and trade union rights; regrets that the legislation on civil servants' trade unions rights is still not in line with EU and ILO standards and that collective actions by trade unions suffer numerous restrictions; calls on Turkey to continue working on new legislation in this area to ensure that it is in line with the EU acquis and ILO conventions;
Amendment 210 #
2012/2870(RSP)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Law on the protection of family and prevention of violence against women; commends the National Action Plan to combat Violence against Women (2012-2015) and stresses the need to enforce it effectively nationwide; calls on the Ministry for Family and Social Policies to continue its efforts to increase the number and quality of shelters for women and minors in danger; stresses the importance to provide women who have been victims of violence with concrete alternatives and self-sustainment prospects; urges Turkey to continue to step up its preventive efforts at all levels in the fight against ‘honour killings’, domestic violence and the phenomenon of forced marriages and child brides; calls on the Ministry to continue to actively promote women's participation in the labour market, which remains low, in politics and at senior level in the administration and the private sector, if necessary by foreseeing reserved quotas; encourages the government to revise the Law on Political Parties and the Law on Elections to make the inclusion of women a priority for political parties;
Amendment 214 #
2012/2870(RSP)
Motion for a resolution
Paragraph 15a (new)
Paragraph 15a (new)
15a. Is bothered by women's negative portrayal in the media and the general male-dominated discourse; encourages the Turkish government to proactively promote changes in stereotypes and in the perception of gender roles in all spheres; stresses the importance of mainstreaming gender equality in the legislative process and in the implementation of laws;
Amendment 223 #
2012/2870(RSP)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the urgent need for comprehensive anti-discrimination legislation and the establishment of an anti- discrimination and equality board to protect individuals against discrimination based on ethnicity, religion, gender, age, disability, sexual orientation or sexual identity; calls on Turkey to adopt an action plan to promote the full equality of rights and full acceptance of LGBT persons;
Amendment 4 #
2012/2255(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Reaffirms the need to mainstream women’s rights and gender equality throughout the enlargement process; notes with concern that women remain under- represented in the labour market as well as in economic and political decision- making; stresses that the introduction and the implementation of gender quota in political decision-making should be supplemented with effective legal sanctions;
Amendment 9 #
2012/2255(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers the empowerment of women, through promoting, protecting and strengthening their rights, improving their social and economic situation, increasing their presence on the labour market, ensuring fair representation of women in political and economic decision-making processes and encouraging women’s entrepreneurship, as key to strengthening and consolidating democracy in the Balkan countries; calls on the governments to introduce measures in order to reduce the gender pay gap and, consequently, the gender pension gap;
Amendment 16 #
2012/2255(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need for women in the Western Balkans to take a prominent role in society through their active participation and representation in political, economic and social life at all levels; points out that supporting policies of equal opportunities is important for the economic and social development of the Balkan accession countries;
Amendment 27 #
2012/2255(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes with concern that Roma women suffer from double discrimination on the grounds of gender and ethnicity; calls on governments to adopt comprehensive anti-discrimination frameworks that would enable Roma women to secure their rights;
Amendment 15 #
2012/2033(INI)
Motion for a resolution
Citation 31 a (new)
Citation 31 a (new)
- having regard to the numerous media reports and acts of investigative journalism, in particular, but not exhaustively, ABC News 20051 and 20092 reports, Washington Post's 20053 reports, without which the acts of rendition and detention would have remained truly secret,
Amendment 16 #
2012/2033(INI)
Motion for a resolution
Citation 31 b (new)
Citation 31 b (new)
Amendment 27 #
2012/2033(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates its condemnation of the practices of extraordinary rendition, secret prisons and torture, which are prohibited under domestic and international human rights law and which breach inter alia the rights to liberty, security, humane treatment, freedom from torture, non- refoulement, presumption of innocence, fair trial, legal counsel and equal protection under the law;
Amendment 30 #
2012/2033(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas no Member State has so far fully fulfilled its obligations in line with protecting, preserving, respecting and preventing the breach of international human rights;
Amendment 35 #
2012/2033(INI)
Motion for a resolution
Recital F
Recital F
F. whereas research by the UN, the Council of Europe, national and international media, investigative journalist and civil society has brought to light new concrete information on the location of secret CIA detention sites in Europe, rendition flights through European airspace, and persons transported or detained;
Amendment 37 #
2012/2033(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas national inquiries and international research prove that members of the North Atlantic Treaty Organization (NATO) agreed to commit themselves to measures in the campaign against terrorism which enabled secret airline traffic and use of EU Member States' territory in the CIA-led programme of rendition, indicating collective knowledge of the programme by Member States who are also members of NATO;
Amendment 41 #
2012/2033(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges NATO and United States authorities to conduct their own investigations, collaborate fully with EU and Member State parliamentary or judicial inquiries on these issues1, disclose information on extraordinary rendition programmes, provide the legal representatives of the suspects with the full information necessary for the defence of their clients and clarify that all NATO agreements and NATO-EU and other transatlantic arrangements comply with fundamental rights; ______________ 1 See inter alia European Parliament resolution of 9 June 2011 on Guantánamo: imminent death penalty decision (P7_TA(2011)0271).
Amendment 59 #
2012/2033(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Reaffirms that the international fight against terrorism and bilateral or multilateral international cooperation, including in the framework of NATO or between intelligence and security services, must only be carried out with full respect for human rights and fundamental freedoms and with appropriate democratic and judicial oversight; calls on EU Member States, the Commission, the European External Action Service (EEAS) and the Council to ensure that these principles are applied in their foreign relations, and insists that they should make a thorough assessment of their counterparts‘ records on human rights before entering into any agreement, notably on intelligence cooperation and information-sharing, and inform the European parliament on the conclusions of such assessments;
Amendment 63 #
2012/2033(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that all Member States have so far not properly fulfilled their positive obligation under international law to investigate serious human rights violations connected with the CIA programme and to afford full redress to victims;
Amendment 70 #
2012/2033(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls on President Obama to honour his pledge made in January 2009 to close Guantanamo, to allow any detainee who is not to be charged to return to his home country or another safe country as quickly as possible, and to try Guantanamo detainees against whom sufficient admissible evidence exists without delay in a fair and public hearing by an independent, impartial tribunal and, if convicted, to be imprisoned in the United States in accordance with the applicable international standards and principles;
Amendment 85 #
2012/2033(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Member States not to employ arguments of state secrecy and national security in cases of violations of human rights and to find the appropriate balance between state secrecy, national security and respect for human right;
Amendment 86 #
2012/2033(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Member States to avoid basing their national criminal proceedings on such legal grounds which enable and lead to the termination of criminal proceedings by evoking clauses of the statute of limitations and lead to impunity, and respect the principle of international customary law which recognizes that statute of limitations cannot and should not be applied to cases of serious violations of human rights;
Amendment 102 #
2012/2033(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. CallExpresses concern that most Member States such as Finland, Denmark and Portugalwith the exception of Denmark, Finland, Germany, Ireland and Lithuania, have failed to respond appropriately to requests for access to information concerning Reprieve's investigation into extraordinary rendition cases and calls on all Member States to respect the right of access to information, to response appropriately to requests and to disclose all necessary information on all suspect planes associated with the CIA and their territory;
Amendment 136 #
2012/2033(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to consider proposing measures for permanent cooperation and exchange of information between the European Parliament and Parliamentary Committees for the Oversight of Intelligence and Security Services of the European Union Member States in cases which indicate that joint actions by Member States' intelligence and security services have been undertaken on the territory of the European Union;
Amendment 48 #
2011/2246(INI)
Motion for a resolution
Recital J
Recital J
J. whereas Member States have a duty to constantly promote and protect freedom of opinion, expression, information and the media, as these principles are also guaranteed in their constitutions and laws; whereas, should these freedoms be placed at serious risk or violated in a Member State, the European Union must intervene on the basis of the Treaties and of the Charter to protect the European democratic and pluralistic order and fundamental rights;
Amendment 50 #
2011/2246(INI)
Motion for a resolution
Recital L
Recital L
L. whereas concerns arise in relation to the challenges facing public service broadcasters in terms of editorial independence, staff recruit from politics and capital, precarious employment, pluralism, neutrality and quality of information, access and permanent funding, caused by undue political and financial interference, as well as the economic crisis;
Amendment 59 #
2011/2246(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas the current financial crisis is jeopardising media plurality, leading to problems including threats to freedom of speech and censorship, the financial collapse of numerous media outlets and the laying off of employees, which have affected the public media in several Member States; whereas austerity measures which reduce public funding for public media threaten their freedom and existence;
Amendment 63 #
2011/2246(INI)
Motion for a resolution
Recital M b (new)
Recital M b (new)
Mb. whereas the media landscape is undergoing fundamental changes, and whereas, particularly in this time of economic crisis, an increasing proportion of journalists are working under precarious conditions of employment and facing a lack of social security, by comparison with labour market standards, and related challenges for the future of journalism;
Amendment 68 #
2011/2246(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Member States and the European Union to respect, guarantee, protect and promote the fundamental right to freedom of expression and information, and media freedom and pluralism, and hence to refrain from exerting, and develop mechanisms to impede, threats to media freedom such as trying to unduly and politically influence and impose partisan control and censorship on the media, and politically motivated financial blackmailing of public service broadcasters, including the politically motivated establishment of alternative state-owned broadcasters;
Amendment 87 #
2011/2246(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls the important role of the public service media, funded by citizens through the State, and their institutional duties to provide high quality and accurate and reliable information for diverse audiences which is independent of pressure from politics and capital; stresses that the private media have similar duties in relation to information, notably of institutional and political nature, in particular on the occasion of elections, referenda, etc.;
Amendment 108 #
2011/2246(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that media ownership and management should be transparent and not concentrated; calls on the Commission and the Member States to work towards the adoption of measures within their powers to tackle excessive media concentration, 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;
Amendment 125 #
2011/2246(INI)
Motion for a resolution
Paragraph 7
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; 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, physically attacked and even have attempts made on their lives as a result of their activities; highlights the need to support and promote investigative journalism, as it helps uncover irregularities in society and can be of assistance to the prosecution authorities, which have a duty to take action automatically in cases where evidence of criminal offences is uncovered, and to promote ethical journalism in the media by developing professional standards and appropriate redress procedures;
Amendment 134 #
2011/2246(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of fighting against impunity; authorities in the Member States cannot address threats, violence and the security of journalists without assurances from political, judicial and police bodies that they will take decisive action against anyone who attacks journalists and their work. Impunity affects not only the freedom of the press but also the day-to-day work of journalists, as it creates a climate of fear and self-censorship;
Amendment 159 #
2011/2246(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the importance ofand urgency of regular monitoring of media freedom in Europeall Member States and reporting on a yearly basis on the matter, on the basis of the detailed standards developed by the Council of Europe and the OSCE and of the risk-based analytical approach and indicators developed by the independent study drawn up for the Commission, in liaison with NGOs, stakeholders and experts to monitor and supervise the development of and changes in media legislation; believes that the Commission, the Fundamental Rights Agency and/or the EUI Centre for Media Pluralism and Media Freedom must carry out this task;
Amendment 163 #
2011/2246(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Emphasises that Member States must ensure that journalists' working conditions comply with the provisions of the European Social Charter; stresses the importance of collective contracts for journalists and of trade union representation of journalists' collectives, which must be permitted for all employees, even if they are members of a small group, work in small companies or have non-standard forms of contract, such as temporary or interim work, as security of employment allows them to speak and act together and more easily and effectively uphold their professional standards;
Amendment 185 #
2011/2246(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to consider introducing an EU Media certificate to demonstrate media compliance with the standards called for in this document;
Amendment 143 #
2011/2157(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that freedom of expression and media independence and pluralism are cornerstones of a solid and sustainable democracy and of common values; strongly supports and calls for the free flow of information, for conditions to be ensured that allow journalists to work effectively and freely without political, economic or other pressure, and for the construction of infrastructure which will make it possible to develop modern electronic technology;
Amendment 3 #
2011/2133(INI)
Motion for a resolution
Recital E
Recital E
Amendment 5 #
2011/2133(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas Georgia needs to accelerate carrying out reforms in the justice system, fight against corruption, especially among high-ranking officials, and organized crime, and labour rights, women’s rights and improve integration of minorities;
Amendment 9 #
2011/2133(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, in its Joint Communication on ‘A new response to a changing Neighbourhood’, the EU stated its ambition to engage more pro-actively in conflict resolution; whereas the EU Monitoring Mission (EUMM) is carrying out an important role on the ground and the EU Special Representative for the Crisis in Georgia is co-chairing the Geneva talks; whereas these talks have yielded little result to date and could easily collapse in the present atmosphere of mistrust between the parties;
Amendment 28 #
2011/2133(INI)
Motion for a resolution
Paragraph 1 – point g
Paragraph 1 – point g
(g) to intensify talks with the Russian Federation to assure the unconditional fulfillment of all the provisions of the cease-fire agreement of 12 August 2008 between Russia and Georgia, particularly the provision stating that Russia shall guarantee full unlimited access to EUMM to the occupied territories of Abkhazia and South Ossetia; to underscore the necessity of providing stability in the aforementioned regions of Georgia; as a confidence building measure, to encourage the parties of the conflict to exchange information on their security forces and their movements in areas near administrative border;
Amendment 31 #
2011/2133(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) to welcome the policy of constructive unilateralismunilateral commitment by Georgia, committing itself to not using force to restore control over the regions of Abkhazia and South Ossetia, as outlined in the speech by President Saakashvili to the EP on 23 November 2010 and call upon Russia to reciprocate the commitment to the non-use of force against Georgia; to welcome Georgia´s Strategy on Occupied Territories and Action Plan for Engagement as an important tool for the reconciliation and to stress the need for enhanced dialogue and people-to-people contacts with the local populations of Abkhasia and South Osetia in order to make reconciliation possible;
Amendment 34 #
2011/2133(INI)
Motion for a resolution
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
(ia) to call on Georgia and Russia to engage in direct talks, without preconditions, on a range of subjects, with mediation, if needed, by a mutually acceptable third party, this should complement, not substitute, the existing Geneva process;
Amendment 36 #
2011/2133(INI)
Motion for a resolution
Paragraph 1 – point j a (new)
Paragraph 1 – point j a (new)
(ja) to urge Georgia and Russia to de- escalate rhetoric about bombings and support for terrorism and conduct thorough investigations of the bombings on the Georgian territory;
Amendment 38 #
2011/2133(INI)
Motion for a resolution
Paragraph 1 – point k a (new)
Paragraph 1 – point k a (new)
(ka) to express concern on the cases of lawyers who were assaulted and severely beaten by police officers; to urge Georgian authorities to take immediate and effective steps, to investigate the above mentioned facts, combat impunity and politically motivated prosecutions, bring those responsible to justice; to ensure that all actions and threats against lawyers for the legitimate exercise of their professional duties are immediately and effectively stopped;
Amendment 41 #
2011/2133(INI)
Motion for a resolution
Paragraph 1 – point l a (new)
Paragraph 1 – point l a (new)
(la) to further improve the physical conditions in the prisons and detention centres; to continue providing its full support to the Public Defender of Georgia, responsible for monitoring human rights violations; to consider facilitating civil society and human rights non-governmental organizations in visiting persons in prisons and detention centres;
Amendment 42 #
2011/2133(INI)
Motion for a resolution
Paragraph 1 – point l b (new)
Paragraph 1 – point l b (new)
(lb) to call on the Georgian government to engage in a good-faith dialogue with opposition groups regarding electoral reform; take up recommendations from international and local organisations on the electoral code; to investigate previous election violations and intimidation cases; and to eliminate partisan abuse of public resources during elections;
Amendment 45 #
2011/2133(INI)
Motion for a resolution
Paragraph 1 – point o
Paragraph 1 – point o
(o) to emphasise in the Agreement the importance of ensuring fundamental freedoms, the rule of law and the continued fight against corruption and continue supporting the reform of the judiciary as one of the priorities, in order to increase public trust in the judiciary and the need to develop a fully independent judiciary, including by taking steps to ensure that high-profile political, human rights and property usurpation cases are fairly reviewed;
Amendment 57 #
2011/2133(INI)
Motion for a resolution
Paragraph 1 – point u a (new)
Paragraph 1 – point u a (new)
(ua) to promote free media, freedom of expression and media pluralism; to allow media to report independently and objectively; to ensure credible and efficient implementation of measures to protect journalists; to thoroughly investigate cases of detained or arrested journalists, accused of spying or grave crimes and cases of killed journalists; to fight against government interference and control, physical threats, attacks and other attempts to silence or intimidate journalists; to prevent the use of media as propaganda; to assure minimum working rights and conditions for journalist; to assure transparency of media ownership and free access to public information;
Amendment 52 #
2011/2081(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasizes that free, independent and pluralistic online and traditional media is one of the cornerstones of democracy and pluralism; recognizes the importance of information resources as real freedom and media pluralism; points out that maintaining and strengthening the freedom and independence of the media in the world is of the common interest; notes that the role of free and independent media and the free exchange of information in democratic changes that occur in non-democratic regimes is of utmost importance;
Amendment 53 #
2011/2081(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that journalists are frequently murdered throughout the world, often with impunity thus emphasizes the importance of combating impunity; authorities can not consider threats and violence and ensure the safety of journalists without political, judicial and police authorities to take decisive action against those who attack journalists and their work. Impunity impacts not only on the freedom of the press, but on the daily work of journalists as well, creating a climate of fear and self-censorship;
Amendment 62 #
2011/2081(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Deplores the fact that criminalisation of expression is on the rise; recalls that journalists are frequently imprisoned worldwide because of their work; is aware that defamation, blasphemy and libel laws are used to imprison or censor journalists and block free expression; regrets that censorship fosters self-censorship; stresses the need to support and encourage investigative journalism, because it helps to discover the social anomalies and can help law enforcement agencies, who are obliged to act ex officio in cases of detected evidence of crime;
Amendment 81 #
2011/2081(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is concerned regarding the challenges faced by public service broadcasters in terms of editorial independence from politics and capital, precarious employment of staff, pluralism, neutrality and quality of information, access and permanent financing as a result of political and financial impacts of the economic crisis;
Amendment 90 #
2011/2081(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Considers that, especially in times of economic crisis and of fundamental changes in the media landscape, the growing number of journalists employed in precarious employment conditions and lacking a proper social security in comparison with the standards on the labour market poses a threat to press independence and is directly related to the challenges of the future of journalists;
Amendment 136 #
2011/2081(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for a shift from ad hoc funding of projects to a more sustainable approach, also involving private donors and interlocutors; recognises the need for a country-by-country and tailored approach to programming both at national and regional level;
Amendment 157 #
2011/2081(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Considers that press and media programmes should also focus on improving the (state and legal) structures and supporting local media companies and businesses, in order to improve their transparency and openness independence and sustainability;
Amendment 42 #
2011/0432(CNS)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 46 thereof,
Amendment 46 #
2011/0432(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) Citizens of the Union are unrepresented if their Member State of nationality does not have an accessible embassy or consulate in a third country or accessing the embassy or consulate would present the citizen of a given Member State with unnecessary use of precious time and financial resources in cases of emergency. The notion of accessibility should be interpreted with a view to safeguarding the protection of citizens.
Amendment 48 #
2011/0432(CNS)
Proposal for a directive
Recital 9
Recital 9
(9) In accordance with the right to respect for private and family life as recognised in Article 7 of the Charter of Fundamental Rights of the European Union, the assisting Member State should provide protection to third country family members of citizens of the Union under the same conditions as to third country family members of its own nationals. Any definition as to which persons are family members should draw inspiration from Articles 2 and 3 of the 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. Member States may not be in a position to deliver all types of consular protection to third country family members, notably emergency travel documents are not being issued. However, Member States should undertake all actions in their power to secure the integrity of the citizen's family. In accordance with Article 24 of the Charter, the best interests of the child, as provided for in the United Nations Convention on the Rights of the Child of 20 November 1989, should be a primary consideration.
Amendment 52 #
2011/0432(CNS)
Proposal for a directive
Recital 10
Recital 10
(10) UnrepresentedAll EU citizens should be able, under certain conditions, to freely choose the embassy or consulate from which they seek consular protection. Member States should be able toand Union delegations may enter arrangements on burden-sharing. However such arrangements should be transparent for the citizen and should not jeopardize effective consular protection. Any such arrangement should be notified to the Commission and published on its dedicated website and the websites of the Member States entering such arrangements.
Amendment 55 #
2011/0432(CNS)
Proposal for a directive
Recital 11
Recital 11
(11) The traditions regarding the competences of honorary consuls diverge among Member States. Honorary consuls are generally in a position to perform very limited consular tasks. Honorary consuls should only in exceptional circumstances be regarded as equivalent to accessible embassies and consulates present in a third country on a permanent basis within the scope of their competences pursuant to national law and practices.
Amendment 57 #
2011/0432(CNS)
Proposal for a directive
Recital 12
Recital 12
(12) Protection should be provided if applicants establish that they are citizens of the Union. Unrepresented citizens in need of consular protection may no longer be in possession of their identity documents. The fundamental status of citizenship of the Union is conferred directly by Union law and identity documents are of merely declaratory value. If applicants are unable to provide identity documents, they should therefore be able to prove their identity by any other means, if necessary following verification with the authorities of the Member State of which the applicant claims to be a national. The assisting Member State shall guarantee that unrepresented citizens are provided with the necessary means for verifying their identity.
Amendment 58 #
2011/0432(CNS)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18 a) The Member States should consider establishing a "trust fund" for consular protection, from which the embassy or consulate of the assisting Member State could advance its expenses for assisting an unrepresented citizen and into which the Member States of the assisted unrepresented citizen should reimburse the financial advance. The Commission, acting in cooperation with the Member States, should establish clear rules, defining the division of financial burdens for the proper functioning of such a fund.
Amendment 59 #
2011/0432(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) In the event of crisis adequate preparation and a clear division of responsibilities are essential. Crisis contingency planning should therefore fully include unrepresented citizens and national contingency plans should be coordinated. The concept of the Lead State should be further developed in that contextEEAS should be responsible for coordination and contingency planning in crisis situations. The Union delegations, the Member States and EEAS should take all necessary steps to inform the citizens about contingency planning.
Amendment 64 #
2011/0432(CNS)
Proposal for a directive
Article 1
Article 1
This Directive lays down the cooperation and coordination measures necessary to facilitate the exercise of the rightprotection of citizens of the Union, in the territory of a third country in which the Member State of which they are nationals is not represented or the services of their Member States are not accessible under regular conditions, to protection by the diplomatic or consular authorities of another Member State on the same conditions as the nationals of that Member State.
Amendment 67 #
2011/0432(CNS)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Every citizen holding the nationality of a Member State of the Union which is not represented by a diplomatic or consular authority in a third country or which is represented but accessing his or her diplomatic or consular authority presents the citizen with unnecessary use of precious time and financial resources in cases of emergency, hereafter ‘unrepresented citizen’, shall be entitled to protection by the diplomatic or consular authorities of another Member State under the same conditions as its nationals.
Amendment 69 #
2011/0432(CNS)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Citizens holding the nationality of more than one Member State of the Union are unrepresented if none of their Member States of nationality is represented by a diplomatic or consular authority in a third country or accessible under regular conditions.
Amendment 73 #
2011/0432(CNS)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Amendment 74 #
2011/0432(CNS)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Honorary consuls shall be regarded as equivalent to accessible embassies or consulates within the scope of their competences pursuant to national law and practices only in exceptional circumstances.
Amendment 82 #
2011/0432(CNS)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. These arrangements do not in any way influence the protection of citizens of the Union as provided by this directive.
Amendment 84 #
2011/0432(CNS)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. If the citizen of the Union is unable to produce a valid passport or identity card, nationality may be proven by any other means, if necessary following verification with the diplomatic and consular authorities of the Member State of which the applicant claims to be a national. The assisting Member State shall guarantee that the citizen is provided with the necessary means for verifying his or her identity.
Amendment 86 #
2011/0432(CNS)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The consular protection referred to in paragraph 1 shall include assistance at the least in the following situations
Amendment 92 #
2011/0432(CNS)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) visit the citizen, secure and monitor minimum standards of treatment in prison;
Amendment 94 #
2011/0432(CNS)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The embassy or consulate shall report to the citizen's Member State of nationality following any of its visits of the citizen and upon monitoring of minimum standards of treatment in prison. It shall immediately inform the citizen's Member State of nationality about any complaints of ill- treatment and inform the citizen's Member State on the actions taken in order to prevent such ill-treatment and secure the minimum standards of treatment in prison.
Amendment 98 #
2011/0432(CNS)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. To ensure comprehensive preparedness local contingency planning shall include unrepresented citizens. Member States representedThe Union delegation in a third country shall coordinate the contingency plans among themselves and with the Union delegation Member States represented in a third country with the Member States not represented in a third country. They shall agree on respective tasks to ensure that unrepresented citizens are fully assisted in case of crisis, appoint representatives for assembly points and inform unrepresented citizens on crisis preparedness arrangements under the same conditions as nationals.
Amendment 100 #
2011/0432(CNS)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In the event of a crisis Member States and the Unionthe Union delegation and all the Member States shall closely cooperate to ensure efficient assistance of unrepresented citizens. Member States and the Union delegation shall inform each other about available evacuation capacities in a timely manner. Upon request Member States mayshall be supported by existing intervention teams at Union level including consular experts, in particular from the unrepresented Member States.
Amendment 35 #
2011/0367(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Measures in and in relation to third countries supported through the Specific regulations should be taken in synergy and coherence with other actions outside the Union 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. Such activities should also be directly linked to Union internal activities and should only represent an external dimension of the Union internal policies. Coherence will also be ensured with the Union humanitarian policy, in particular as regards the implementation of emergency assistance.
Amendment 40 #
2011/0367(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Prior to the preparation of multi-annual programmes as a means to achieve the objectives of this Union funding, Member States and the Commission should engage in a policy dialogue and thereby establishing a coherent strategy for each individual Member State. In order to secure full transparency of the process, the results of the policy dialogue in the form of agreed minutes or an exchange of letters should be transmitted to the European Parliament and made public.
Amendment 41 #
2011/0367(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Member States should establish a partnership with the authorities and bodie, bodies and organisations concerned to prepare, implement and monitor on their national programmes throughout the entire multiannual period. Member States should set up monitoring committees to monitor the national programmes and assist them in reviewing the implementation and progress made in achieving the objectives.
Amendment 48 #
2011/0367(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) It is important to bring the achievements of Union funding to the attention of the general public. Citizens have a right to know how the Union's financial resources are spent. The responsibility to ensure that the appropriate information is communicated to the public should lie with bothe Commission, the Responsible Authorities and the beneficiaries. To ensure more efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the Commission, the budget allocated to communication actions under this Union funding shall also contribute to cover corporate communication of the political priorities of the European Union provided that these are related to the general objectives of this Union funding.
Amendment 49 #
2011/0367(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) For the purpose of ensuring a wide dissemination of information about this Union funding and to inform potential beneficiaries about funding opportunities, detailed rules relating to information and communication measures, as well as certain technical characteristics of such measures should be defined on the basis of this Regulation and each Member State should, at least, establish a website or website portal with the necessary information. Member States should also envisage and undertake more direct forms of communication campaigns in order to properly inform the potential beneficiaries.
Amendment 55 #
2011/0367(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission and the Member States shall ensure that the support provided under the Specific Regulations and by the Member States is consistent with the activities, policies and priorities of the European Union and complementary to other instruments of the European Union and shall ensure that the financial resources provided have sound and long term impact on the development of the Area of Freedom, Security and Justice.
Amendment 64 #
2011/0367(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The Member States and the Commission shall cooperate with each other in the fight against fraud. To that end, the Commission shall lend such technical and operational assistance as the competent national authorities may need to facilitate coordination of their investigations.
Amendment 67 #
2011/0367(COD)
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 2
Article 5 – paragraph 6 – subparagraph 2
The European Anti-fraud Office (OLAF) mayshall carry out on-the-spot controls and inspections on economic operators concerned directly or indirectly by such funding in accordance with the procedures laid down in Regulation (Euratom, EC) No 2185/96 with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the European Union in connection with a grant agreement or grant decision or a contract concerning Union funding.
Amendment 68 #
2011/0367(COD)
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 3
Article 5 – paragraph 6 – subparagraph 3
Without prejudice to the first and second sub-paragraphs, cooperation agreements with third countries and international organisations and grant agreements and grant decisions and contracts resulting from the implementation of this Regulation and the Specific Regulations shall expressly empower the Commission, the Court of Auditors and OLAF to conduct such audits, on-the-spot controls and inspections. The European Parliament shall be regularly informed on any potential fraudulent activities, which may be identified by such audits, on-the-spot controls and inspections.
Amendment 72 #
2011/0367(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Commission shall adopt, by way of implementingdelegated act, the work programme for Union actions and emergency assistance. That implementingdelegated act shall be adopted in accordance with the examination procedure referred to in Article 55(3)4.
Amendment 80 #
2011/0367(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Actions implemented in third countries shall clearly exhibit a direct link to internal activities and, as such, shall only represent an external dimension of the Union internal policies.
Amendment 83 #
2011/0367(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point i a (new)
Article 10 – paragraph 2 – point i a (new)
(ia) actions related to fraud detection and prevention;
Amendment 84 #
2011/0367(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Each Member State shall organise, in accordance with its national rules and practices, a partnership with the authorities and bodie, bodies and organisations concerned to develop and, implement and monitor the national programmes.
Amendment 89 #
2011/0367(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Such authorities and bodie, bodies and organisations shall include the competent regional, local, urban and other public authorities, and, where appropriate,s well as international organisations and bodies representing civil society, such as non- governmental organisations or social partners.
Amendment 90 #
2011/0367(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2 a (new)
Article 12 – paragraph 1 – subparagraph 2 a (new)
In particular, Member States shall endeavour to include authorities, bodies, organisations and individual experts with knowledge, expertise and experience in developing, implementing and monitoring earlier funds in the field of Home Affairs.
Amendment 93 #
2011/0367(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Each Member State shall set up a monitoring committee to support the implementation of national programmes. The monitoring committee shall be composed of representatives of the authorities, bodies and organisations referred to in paragraph 1 and shall be represented on an equal footing.
Amendment 97 #
2011/0367(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
1. To launch the programming period, the Commission and each Member State shall have a policy dialogue on the national requirements and the contribution that the Union budget could provide to achieving these requirements, bearing in mind the base line situation in the Member State concerned and the objectives of the Specific Regulations. The policy dialogue shall result in the conclusion of agreed minutes or an exchange of letters which shall identify the specific needs and priorities of the Member State concerned and serve as the framework for the preparation of the national programmes and shall be transmitted to the European Parliament and made public.
Amendment 103 #
2011/0367(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. If necessary, the policy dialogue may be repeated after the mid term review referred to in Article 15, in order to reassess the needs of the Member States and the priorities of the Union.
Amendment 105 #
2011/0367(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) an analysis of requirements in the Member State and the national objectives designed to meet those requirements during the period covered by the programme, defined in consultation with the different authorities, bodies and organisations referred to in Article 12(1);
Amendment 107 #
2011/0367(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point e
Article 14 – paragraph 2 – point e
(e) information on the monitoring and evaluation framework to be put in place and the qualitative and quantitative indicators to be used to measure the progress in the implementation of the objectives pursued in relation to the baseline situation in the Member State;
Amendment 110 #
2011/0367(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point h
Article 14 – paragraph 2 – point h
(h) the mechanisms and methods to be used to publicise and effectively inform the potential beneficiaries on the national programme;
Amendment 121 #
2011/0367(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point e a (new)
Article 14 – paragraph 5 – point e a (new)
(ea) that the Member State has duly consulted the authorities, bodies and organisations referred to in Article 12(1);
Amendment 126 #
2011/0367(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. All national programmes shall be approved by 31 December 2014.
Amendment 127 #
2011/0367(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The Commission shall approve, by implementingdelegated act, each national programme no later than six months following the formal submission by the Member State, provided that any observations made by the Commission have been satisfactorily taken into account.
Amendment 130 #
2011/0367(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Following this re-examination, Member States and the Commission may repeat the policy dialogue referred to in Article 13 and may revise their national programmes. National programmes shall be revised for those Member States which will receive additional allocations in accordance with the Specific Regulations.
Amendment 131 #
2011/0367(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The Commission shall allocate, by implementingdelegated acts, to Member States the resources for national programmes which are available in the framework of the mid- term review under the Specific Regulations. After the completion of the mid term review, the Commission shall submit to the European Parliament, the Council the European and Economic and Social Committee and the Committee of the Regions a report on the mid term review carried out in accordance with the provisions of this Regulation and the Specific Regulations.
Amendment 144 #
2011/0367(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. Member States shall make full use of the knowledge, expertise and experience, gained by public and/or private bodies in implementing earlier funds in the field of Home Affairs.
Amendment 153 #
2011/0367(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Responsible Authorities shall ensure that the beneficiaries receive the total amount of the public support as quickly as possible and in full, and in any case, not later than in six months from the start of the activities. No amount shall be deducted or withheld and no specific charge or other charge with equivalent effect shall be levied that would reduce these amounts for the beneficiaries.
Amendment 161 #
2011/0367(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Following the Commission decision approving the national programme, an initial pre-financing amount for the whole programming period shall be paid by the Commission. This shall represent 46% of the contribution from the Union budget to the national programme concerned. It may be split into two instalments depending on budget availability.
Amendment 170 #
2011/0367(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. National programmes shall be submitted to a decommitment procedure established on the basis that amounts linked to a commitment which is not covered by the initial pre-financing referred to in Article 33 or a request for payment in accordance with Article 39 by 31 December of the seconthird year following that of the budget commitment shall be decommitted.
Amendment 171 #
2011/0367(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The part of the budget commitments for which a payment request has been made but payment of which has been reduced or suspended by the Commission at 31 December of year N + 23 shall be disregarded in calculating the automatic decommitment.
Amendment 174 #
2011/0367(COD)
Proposal for a regulation
Article 48 – paragraph 1 – point b
Article 48 – paragraph 1 – point b
(b) informing potential beneficiaries about funding opportunities under the national programmes by, inter alia, organising regular public events, so-called information days and training sessions for potential beneficiaries;
Amendment 176 #
2011/0367(COD)
Proposal for a regulation
Article 49 – paragraph 2 – point a a (new)
Article 49 – paragraph 2 – point a a (new)
(aa) objectives of the national programme in reference to the results and impact achieved;
Amendment 183 #
2011/0367(COD)
Proposal for a regulation
Article 52 – paragraph 3 – introductory part
Article 52 – paragraph 3 – introductory part
3. The ex-post evaluation of the Commission shall also examine the impact of the Specific Regulations on the development of the area of freedom, security and justice in terms of their contribution to, at least, the following objectives:
Amendment 188 #
2011/0367(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The delegation of power referred to in this Regulation shall be conferred on the Commission for a period of seven years from the entry into force of this Regulation. The delegation of power shall be tacitly extended for a period of an identical duration, unless the European Parliament or the Council opposes such extension no later than 3 months before the end of each period.
Amendment 239 #
2011/0302(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘bottleneck’ means a physin the transport sector means a physical or technical barrier that leads to a system break affecting the continuity and disruption of long-distance and cross-border flows. Such a barrier can be absorbed by new infrastructurecreating new, or substantially upgrading existing infrastructure in order to increase its capacity such as bridges or tunnels that address problems as for example gradients, curve radii, gauge. The need to upgrade existing infrastructure shall not be considered as a bottleneck;
Amendment 363 #
2011/0302(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – point g a (new)
Article 7 – paragraph 2 – subparagraph 1 – point g a (new)
(g a) actions implementing the comprehensive network according to Chapter II of Regulation (EU) No XXXX/2012 [TEN-T Guidelines] when such actions contribute to facilitating cross-border traffic flows or removing bottlenecks, up to a ceiling of 5% of the financial envelope for transport as specified in Article 5 of this Regulation;
Amendment 437 #
2011/0302(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b – point ii a (new)
Article 10 – paragraph 2 – point b – point ii a (new)
(ii a) for actions to support cross-border road sections, 30 % of the eligible cost;
Amendment 596 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I - point 1 - introductory part
Annex – Part I - point 1 - introductory part
Helsinki – Tallinn – Riga – Kaunas – Warszawa – Katowice Gdynia – Katowice Katowice – Ostrava – Brno – Wien Katowice – Žilina – Bratislava – Wien Wien – Graz – Klagenfurt – Villach – Udine – Venezia – Bologna – Ravenna Graz – Maribor –Ljubljana – Koper/Trieste
Amendment 614 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I - point 1 - row 9
Annex – Part I - point 1 - row 9
Koper, Trieste, Venice, Ravenna Ports port interconnections, Ravenna (further) development of multimodal platforms
Amendment 618 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I - point 1 - row 9 a (new)
Annex – Part I - point 1 - row 9 a (new)
Graz - Maribor - Rail studies and works for a Pragersko second track
Amendment 639 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I - point 3- row 13
Annex – Part I - point 3- row 13
Koper - Divača - Rail studies and Ljubljana - Maribor Pragersko upgrading/partially new line
Amendment 696 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I - Point b - row 8
Annex – Part I - Point b - row 8
Amendment 112 #
2011/0294(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) When carrying out the review of the implementation of the core network by 2023, the Commission should take into account national implementation plans and future enlargements.
Amendment 358 #
2011/0294(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point c
Article 13 – paragraph 3 – point c
(c) railway infrastructure complies with the requirements of the technical specification for Interoperability (TSI) adopted pursuant to Article 6 of Directive 2008/57/EC for new and upgraded lines, except in duly justified cases,, except where allowed by the relevant TSI or under the procedure provided for in Article 9 of Directive 2008/57/EC. In any case, the railway infrastructure shall comply with the following requirements:
Amendment 616 #
2011/0294(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point a – indent 2
Article 45 – paragraph 2 – point a – indent 2
– lines with regular freight trafficfreight lines of the core network: at least 22.5 t axle load, 100 km/h line speed and 750 m train lengththe possibility to run trains with a length of 600 m;
Amendment 842 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 13/33
Annex I – Volume 13/33
to add a multimodal link (railway and road) between Ljubljana (SI) and Salzburg (AT) to the core network
Amendment 2 #
2011/0138(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation establishes a visa safeguard clause allowing the rapid, temporary suspension of the visa waiver for a third country on the positive list in case of an emergency situation, where an urgent response is needed in order to resolve the difficulties faced by one or more Member Stateat least three Member States or where there is an average rise throughout the EU as a whole of more than 5 % of certain benchmark figures relating to numbers of illegally staying third-country nationals, of rejected asylum applications and of rejected readmission applications, and taking account of the overall impact of the emergency situation on the European Union as a whole.
Amendment 4 #
2011/0138(COD)
Proposal for a regulation
Article 1 - point 2
Article 1 - point 2
Regulation EC No 539/2001
Article 1a - paragraph 1
Article 1a - paragraph 1
1. Paragraphs 2 to 5 of this Article shall apply in the event of one or morat least three Member States being confronted by an emergency situation characterised by the occurrence of any of the following, or in the event that the average rise in the following benchmarks throughout the EU as a whole exceeds 5 %: (a) a sudden increase of at least 5066 %, over a six month period, in the number of nationals of a third country listed in Annex II found to be illegally staying in the Member State's territory, in comparison with the previous six monsame period in the periodrevious year; (b) a sudden increase of at least 5066 %, over a six month period, in comparison with the previous six monsame period in the periodrevious year, in the number of asylum applications from the nationals of a third country listed in Annex II for which the recognition rate of asylum applications was less than 3% over that previous six month period; (c) a sudden increase of at least 5066 %, over a six month period, in the number of rejected readmission applications submitted by a Member State to a third country listed in Annex II for its own nationals, in comparison with the previous six monsame period in the periodrevious year.
Amendment 5 #
2011/0138(COD)
Proposal for a regulation
Article 1 - point 2
Article 1 - point 2
Regulation EC No 539/2001
Article 1a - paragraph 1 a (new)
Article 1a - paragraph 1 a (new)
(1a) The application of those criteria shall be conditional on the prior definition by the Commission of a proposal for common statistical parameters to define the illegal entry and readmission rejection rates and on the adoption of a recast directive on common procedures for granting and withdrawing international protection.
Amendment 6 #
2011/0138(COD)
Proposal for a regulation
Article 1 - point 2
Article 1 - point 2
Regulation EC No 539/2001
Article 1a - paragraph 2
Article 1a - paragraph 2
2. A Member State which is confronted by any of the emergency situations described in paragraph 1 may notify the Commission. This notification shall be duly motivated and shall include relevant data and statistics as well as a detailed explanation of all the preliminary measures that the Member State concerned has taken with a viewto prevent its system from being easily abused, after having taken all other measures to remedying the situation.
Amendment 7 #
2011/0138(COD)
Proposal for a regulation
Article 1 - point 2
Article 1 - point 2
Regulation EC No 539/2001
Article 1a - paragraph 3
Article 1a - paragraph 3
3. The Commission shall inform the European Parliament and the Council without delay of the notification received by the Member States concerned and examine the notification taking into account the number of Member States affected by any of the situations described in paragraph 1 and the overall impact of the increases on the migratory situation in the Union as the latter appears from the data provided by the Member States as well as from reports prepared by FRONTEX and/or the European Asylum Support Office, and, within three months following receipt thereof, the Commission shall send the results of its examination to the European Parliament and the Council, which shall have one week in which to give their consent , after which the Commission may adopt an implementing decision suspending the exemption of visa requirement for the nationals of the third country concerned for a period of six months. The implementing decision shall be adopted in accordance with the procedure referred to in Article 4a (2). The implementing decision shall determine the date on which the suspension of the exemption of visa requirement is to take effect.
Amendment 28 #
2011/0138(COD)
Proposal for a regulation
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Regulation (EC) No 539/2011
Article 1 – paragraph 4
Article 1 – paragraph 4
(b) in paragraph 4 point (c) is replaced by the following: is replaced by the following: 4. Where a third country listed in Annex II introduces, reintroduces or maintains a visa requirement for nationals of a Member State, the following provisions shall apply: (ca) within 90 days after publication of that notification, the Commission, in consultation with the Member State concerned, shall report to the European Parliament and the Council. The report may be accompanied by a proposal providing for the temporary restoration of the visa requirement for nationals of the third country in question. The Commission may also presof such introduction, or its announcement or, in cases where the requirement is maintained, within 90 days of the date of entry into force of this Regulation, the Member State concerned shall notify the European Parliament, the Council and the Commission in writing; the notification shall be published in the C series of the Official Journal of the European Union. The notification shall specify the date of implementation of the measure and the type of travel documents and visas concerned. If the third country decides to lift the visa obligation before the expiry of this deadline, the notification becomes superfluous; (b) the Commission shall, immediately following the date of publication of that notification and in consultation with the Member State concerned, take steps with the authorities of the third country in order to restore visa-free travel and shall inform the European Parliament and the Council about the status of the negotiations at the earliest opportunity; (c) within 45 days after publication of that notification, the Commission, in consultation with the Member State concerned, shall report to the European Parliament and the Council. If within 45 days of the date of publication of that notification, the third country concerned has not lifted the visa requirement, the Commission, in consultation with that Member State, shall propose the restoration of the visa requirement for nationals of the third country in question. If within 90 days of the date of publication of that notification, the third country has not lifted the visa requirement, this proposal after deliberations in the European Parliament and the Council on its report. Te Commission's proposal providing for the restoration of the visa requirement for nationals of the third country in question shall be deemed to have been adopted, unless the Council, acting by qualified majority, and the European Parliament, and the Council shall act on such proposcting by absolute majority, decide to reject the proposal beforehand. (d) where the third country in question abolishes the visa requirement, the Member State shall immediately notify the Council and the Commission to that effect. The notification shall be published in the C series of the Official Journal byof the ordinary legislative procedureEuropean Union. Any measure decided upon under subparagraph (c) shall terminate seven days after the publication in the Official Journal of the European Union. In case the third country in question has introduced a visa requirement for nationals of two or more Member States, the measure will only terminate after the last publication.
Amendment 34 #
2011/0138(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 1 – point (a)
Article 1a – paragraph 1 – point (a)
(a) a sudden increase of at least 50%and substantial increase, which has a serious impact on the overall migratory situation in the Member States concerned, over a six month period, in the number of nationals of a third country listed in Annex II found to be illegally staying in the Member State's territory, in comparison with the previous six monsame period in the periodrevious year;
Amendment 38 #
2011/0138(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 1 – point (b)
Article 1a – paragraph 1 – point (b)
(b) a sudden increase of at least 50%and substantial increase, which has a serious impact on the overall asylum system in the Member States concerned, over a six month period, in comparison with the previous six monsame period in the periodrevious year, in the number of asylum applications from the nationals of a third country listed in Annex II for which the recognition rate of asylum applications was less than 3% over that previous six month period;
Amendment 41 #
2011/0138(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
COM(2011)0290
Article 1a – paragraph 1 – point c
Article 1a – paragraph 1 – point c
(c) a sudden increase of at least 50%and substantial increase, which has a serious impact on the overall migratory situation in the Member States concerned, over a six month period, in the number of rejected readmission applications submitted by a Member State to a third country listed in Annex II for its own nationals, in comparison with the previous six monsame period in the periodrevious year.
Amendment 46 #
2011/0138(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 3
Article 1a – paragraph 3
3. The Commission shall inform the European Parliament and the Council without delay of the notification received by the Member States concerned and examine the notification taking into account the number of Member States affected by any of the situations described in paragraph 1 and the overall impact of the increases on the migratory situation in the Union as the latter appears from the data provided by the Member States as well as from reports prepared by FRONTEX and/or the European Asylum Support Office, and, within three months following receipt thereof, the Commission shall send the results of its examination to the European Parliament and the Council, which shall have a maximum one month in which to express their position, after which the Commission may adopt an implementing decision suspending the exemption of visa requirement for the nationals of the third country concerned for a period of six months. The implementing decision shall be adopted in accordance with the procedure referred to in Article 4a (2). The implementing decision shall determine the date on which the suspension of the exemption of visa requirement is to take effect.
Amendment 9 #
2011/0023(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime
Amendment 11 #
2011/0023(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The Opinion of the European Data Protection Supervisor (EDPS) of 25 March 2011, and particularly paragraphs 7 to 16 and 25, 55, and 57, stated that the proposed Directive did not meet the essential prerequisite of any development of a PNR scheme, i.e. compliance with the necessity and proportionality principles, to the extent that the EDPS questioned the inclusion in the proposal of serious crimes which have no link with terrorism.
Amendment 12 #
2011/0023(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) Opinion 10/2011 of the Article 29 Working Party adopted on 5 April 2011 stating that there was a lack of information on the effectiveness and appropriateness of existing EU systems and tools for police and judicial co- operation to fight terrorism and organised crime, questioned the necessity of such a proposal and expressed serious doubts about the proportionality of the collection of a huge amount of personal information on passengers regardless of whether or not they are suspects.
Amendment 13 #
2011/0023(COD)
Proposal for a directive
Recital 6
Recital 6
(6) PNR data may help law enforcement authorities prevent, detect, investigate and prosecute serious crimes, including acts of terrorism, by comparing them with various databases of persons and objects sought, to construct evidence and, where relevant, to find associates of criminals and unravel criminal networksacts of terrorism.
Amendment 14 #
2011/0023(COD)
Proposal for a directive
Recital 7
Recital 7
(7) PNR data enable law enforcement authorities to identify persons who were previously ‘'unknown’', i.e. persons previously unsuspected of involvement in serious crime and terrorism, but whom an analysis of the data suggests may be involved in such crime and who should therefore be subject to further examination by the competent authorities. By using PNR data law enforcement authorities can address the threat of serious crime and terrorism from a different perspective than through the processing of other categories of personal data. However, in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible, the aspects of the use of PNR data relating to the creation and application of assessment criteria should be further limited to sterious crimrorist offences that are also transnational in nature, i.e. are intrinsically linked to travelling and hence the type of the data being processed.
Amendment 15 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union.
Amendment 16 #
2011/0023(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 of Council Framework Decision 2002/475/JHA on combating terrorism. The definition of serous crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States. However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to this directive would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crime.
Amendment 17 #
2011/0023(COD)
Proposal for a directive
Recital 13
Recital 13
(13) PNR data should be transferred to a single designated unit (Passenger Information Unit) in the relevant Member State, so as to ensure clarity and reduce costs to air carriers. The general budget of the European Union should, where necessary, provide financial support for the Member States or the passenger airlines to cover the cost of establishing, running and maintaining their own PNR systems, and transferring PNR data.
Amendment 18 #
2011/0023(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lists should not contain any personal data that could reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger's reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 19 #
2011/0023(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Each Member State should be responsible for assessing the potential threats related to terrorist offences and serious crime.
Amendment 20 #
2011/0023(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States the PNR data that they receive where such transfer is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union. Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation.
Amendment 21 #
2011/0023(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The period during which PNR data are to be retained should be proportionate to the purposes of the prevention, detection, investigation and prosecution of terrorist offences and serious crime. Because of the nature of the data and their uses, it is necessary that the PNR data are retained for a sufficiently long period for carrying out analysis and for use in investigations. In order to avoid disproportionate use, it is necessary that, after an initial period, the data are anonymised and only accessible under very strict and limited conditions.
Amendment 22 #
2011/0023(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquis. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future date.
Amendment 23 #
2011/0023(COD)
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious crime.
Amendment 25 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) The prevention, detection, investigation and prosecution of terrorist offences and serious crime according to Article 4(2)(b) and (c); and;
Amendment 26 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 27 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 28 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
Amendment 29 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – point i
Article 2 – paragraph 1 – point i – point i
Amendment 30 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – point ii
Article 2 – paragraph 1 – point i – point ii
Amendment 31 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – point iii
Article 2 – paragraph 1 – point i – point iii
Amendment 32 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – point iv
Article 2 – paragraph 1 – point i – point iv
Amendment 33 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ‘'Passenger Information Unit’' responsible for collecting PNR data from the air carriers, storing them, analysing them and transmitting the result of the analysis to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authorities.
Amendment 34 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment the Passenger Information Unit may compare PNR data against relevant databases, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 35 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis, to duly reasoned requests from competent authorities to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime, and to provide the competent authorities with the results of such processing; and
Amendment 36 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) analysing PNR data for the purpose of updating or creating new criteria for carrying out assessments in order to identify any persons who may be involved in a terrorist offence or serious transnational crime pursuant to point (a).
Amendment 37 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of common assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person's race or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life.
Amendment 38 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Passenger Information Unit of a Member or a group of Member States State shall transfer the PNR data or the results of the processing of PNR data of the persons identified in accordance with points (a) and (b) of paragraph 2 for further examination to the relevant competent authorities of the same Member State. Such transfers shall only be made on a case-by- case basis.
Amendment 39 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime.
Amendment 40 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist of authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime.
Amendment 41 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious crime.
Amendment 42 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of PNR data. Such decisions shall not be taken on the basis of a person's race or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life.
Amendment 43 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(b a) If the flight does not take off due to force majeure or any other unforeseen circumstance and the travel is cancelled, the PNR data which have been transferred to the Passenger Information Unit shall be deleted immediately.
Amendment 44 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime.
Amendment 45 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considers such transfer to be necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime. The Passenger Information Units of the receiving Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities..
Amendment 46 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter's database in accordance with Article 9(1), and, if necessary, also the result of the processing of PNR data. The request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b).
Amendment 47 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter's database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crime.
Amendment 48 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State or a group of Member States shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter's database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crime.
Amendment 49 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious threat to public security may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter's database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
Amendment 50 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious crime, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter's territory at any time.
Amendment 51 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall ensure that air carriers, their agents or other ticket sellers for the carriage of passengers on air service inform passengers of international flights at the time of booking a flight and at the time of purchase of a ticket in a clear and precise manner about the provision of PNR data to the Passenger Information Unit, the purposes of their processing, the period of data retention, their possible use to prevent, detect, investigate or prosecute terrorist offences and serious crime, the possibility of exchanging and sharing such data and their data protection rights, in particular the right to complain to a national data protection supervisory authority of their choice. The same information shall be made available by the Member States to the public.
Amendment 56 #
2011/0023(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and seriouscertain types of serious transnational crime
Amendment 70 #
2011/0023(COD)
Proposal for a directive
Recital 5
Recital 5
(5) PNR data are necessarycan help to effectively prevent, detect, investigate and prosecute terrorist offences and seriouscertain types of serious transnational crime and thus enhance internal security.
Amendment 81 #
2011/0023(COD)
Proposal for a directive
Recital 6
Recital 6
(6) PNR data help can help law enforcement authorities prevent, detect, investigate and prosecute seriouscertain types of serious transnational crimes, including acts of terrorism, by comparing them with various databases of persons and objects sought, to construct evidence and, where relevant, to find associates of criminals and unravel criminal networks.
Amendment 88 #
2011/0023(COD)
Proposal for a directive
Recital 7
Recital 7
(7) PNR data may enable law enforcement authorities to identify persons who were previously ‘unknown’, i.e. persons previously unsuspected of involvement in seriouscertain types of serious transnational crime and terrorism, but whom an analysis of the data suggests may be involved in such crime and who should therefore be subject to further examination by the competent authorities. By using PNR data law enforcement authorities can address the threat of serious crime and terrorism from a different perspective than through the processing of other categories of personal data. However, in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible, the aspects of the use of PNR data relating to the creation and application of assessment criteria should be further limited to serious crimes that are also transnational in nature, i.e. are intrinsically linked to travelling and hence the type of the data being processed.
Amendment 95 #
2011/0023(COD)
Proposal for a directive
Recital 13
Recital 13
(13) PNR data should be transferred to a single designated unit (Passenger Information Unit) in the relevant Member State, so as to ensure clarity and reduce costs to air carriers. The general budget of the European Union should financially support, when necessary, the Member States or the passenger airlines to cover the cost of establishing, running and maintaining their own PNR systems, and transferring PNR data.
Amendment 96 #
2011/0023(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The processing of personal data must be proportionate and necessary to the specific security goal pursued by this Directive.
Amendment 103 #
2011/0023(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The use of PNR data together with Advance Passenger Information data in certain cases hasmay have added value in assisting Member States in verifying the identity of an individual and thus reinforcing their law enforcement value.
Amendment 108 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious transnational crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union, including chartered flights, as well as other commercial operators or non-commercial flight operators, operating private flights, and privately freighted flights.
Amendment 110 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and seriouscertain types of serious transnational crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union.
Amendment 114 #
2011/0023(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Air carriers already collect and process PNR data from their passengers for their own commercial purposes. This Directive should not impose any obligation on air carriers to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers. For charter, private and freighted flights, PNR data should also be collected and transferred to the Passenger Information Unit of the relevant Member State.
Amendment 117 #
2011/0023(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Member States should bear the costs of use, retention and exchange of PNR data.
Amendment 119 #
2011/0023(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 of Council Framework Decision 2002/475/JHA on combating terrorism37. The definition of serous crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States38. However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to this directive would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crime. __________________ 38 OJ L 190, 18.7.2002, p. 1. 37 OJ L 164, 22.6.2002, p. 3. Decision as amended by Council Framework Decision 2008/919/JHA of 28 November 2008 (OJ L 330, 9.1.2.2008, p. 21).
Amendment 126 #
2011/0023(COD)
Proposal for a directive
Recital 13
Recital 13
(13) PNR data should be transferred to a single designated unit (Passenger Information Unit) in the relevant Member State, so as to ensure clarity and reduce costs to air carriers and other commercial operators or non-commercial flight operators.
Amendment 137 #
2011/0023(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or seriouscertain types of serious transnational crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lists should not contain any sensitive personal data that could revealrevealing a person's raciale or ethnic origin, political opinions, religiousn or philosophical beliefs, sexual orientation or gender identity, trade union membership orand activities, and the processing of biometric data or of data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger’'s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 141 #
2011/0023(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The Commission supports the International Civil Aviation Organisation (ICAO) guidelines on PNR. These guidelines should thus be the basis for adopting the supported data formats for transfers of PNR data by air carriers and other commercial operators or non- commercial flight operators to Member States. This justifies that such supported data formats, as well as the relevant protocols applicable to the transfer of data from air carriers and other commercial operators or non-commercial flight operators should be adopted in accordance with the advisory procedure foreseen in Regulation (EU) No….. of the European Parliament and the Council [……………..]
Amendment 144 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers and other commercial operators or non- commercial flight operators to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers and other commercial operators or non-commercial flight operators failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence. .
Amendment 145 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers failing to meet their obligations regarding the transfer of PNR data and the protection of these data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 148 #
2011/0023(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Each Member State should be responsible for assessing the potential threats related to terrorist offences and seriouscertain types of serious transnational crime.
Amendment 155 #
2011/0023(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Taking fully into consideration the right to the protection of personal data and the right to non-discrimination, no decision that produces an adverse legal effect on a person or seriously affects him/her should be taken only by reason of the automated processing of PNR data. Moreover, no such decision should be taken by reason of a person’'s race or ethnic origin, political opinions, religiousn or philosophical beliefs, political opinion, trade union membership,sexual orientation or gender identity, trade union membership and activities, and the processing of biometric data or of data concerning health or sexual life.
Amendment 160 #
2011/0023(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States the PNR data that they receive where such transfer is necessary for the prevention, detection, investigation or prosecution of terrorist offences or certain types of serious crime. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 39 40OJ L 121, 15.5.2009, p. 37. OJ L 121, 15.5.2009, p. 37. 40 OJ L 386, 29.12.2006, p. 89. OJ L 386, 29.12.2006, p. 89.
Amendment 177 #
2011/0023(COD)
Proposal for a directive
Recital 23
Recital 23
(23) The processing of PNR data domestically in each Member State by the Passenger Information Unit and by competent authorities should be subject to a standard of protection of personal data under their national law which is in line with Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed the European data protection acquis, including the framework of police and judicial cooperation in criminal matters41 (‘Framework Decision 2008/977/JHA’)specific data protection requirements set out in this Directive. __________________ 41 OJ L 350, 30.12.2008, p. 60.
Amendment 179 #
2011/0023(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 186 #
2011/0023(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Taking into account the right of passengers to be informed of the processing of their personal data, Member States should ensure they are provided with accurate information that is easily accessible and easy to understand about the collection of PNR data and their transfer to the Passenger Information Unit.
Amendment 188 #
2011/0023(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Transfers of PNR data by Member States to third countries should be permitted only on a case-by-case basis and in compliance with Framework Decision 2008/977/JHA, on the basis of an international agreement between the Union and the third country. To ensure the protection of personal data, such transfers should be subject to additional requirements relating to the purpose of the transfer, the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country. If the national supervisory authority finds the transfer to a third country in breach of any of the principles referred to in this Directive, the national supervisory authority should have the right to suspend the data flow to that third country.
Amendment 195 #
2011/0023(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The national supervisory authority that has been established in implementation of Framework Decision 2008/977/JHA should also be responsible for advising on and monitoring of the application and implementation of the provisions of this Directive.
Amendment 201 #
2011/0023(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 205 #
2011/0023(COD)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) PNR data may not be processed for purposes outside the purpose limitation.
Amendment 209 #
2011/0023(COD)
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers and other commercial operators or non-commercial flight operators are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious crime.
Amendment 213 #
2011/0023(COD)
Proposal for a directive
Recital 31
Recital 31
(31) This Directive respects the fundamental rights and the principles of the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data, the right to privacy and the right to non-discrimination as protected by Articles 8, 7 and 21 of the Charter and has to be implemented accordingly. The Directive is compatible with data protection principles and its provisions are in line with the Framework Decision 2008/977/JHA. Furthermore, and in order to comply with the proportionality principle, the Directive, on specific issues, will have stricter rules on data protection than the Framework Decision 2008/977/JHA.
Amendment 219 #
2011/0023(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding 51 years, after which the data must be deleted, the data must be anonymisedmasked out after a very short period, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, Member States are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how PNR data are processed. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of the data processing. Member States must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
Amendment 229 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides conditions for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member States, as well as the processiflights between the Union and third countries, as well as the use, retention and exchange of that data, including its collection, use and retention by the Member States and its exchange between them by Member States.
Amendment 233 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall not apply to flights within the territory of the Union or the means of transport other than airplanes.
Amendment 234 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
1b. The PNR data that is collected pursuant to this Directive may not be used for border control purposes.
Amendment 242 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) The prevention, detection, investigation and prosecution of terrorist offences and serious crime according to Article 4(2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crimecertain types of serious transnational crime as defined in point (i) of Article 2 and according to Article 4(2)(a) and (d).. deleted deleted
Amendment 249 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) 'other commercial operator' means an undertaking, company or tour operator that may operate charter flights or book a number of seats on an airplane;
Amendment 250 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(ab) 'other non-commercial flight operator' means a private undertaking that may operate private planes or privately freighted flights;
Amendment 251 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ’'international flight’' means any scheduled or non-scheduled flight by an air carrier or other commercial operator or a non-commercial flight operator planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member State with a final destination in a third country, including in both cases any transfer orchartered flights, private planes, privately freighted flights, as well as transit flights;
Amendment 258 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers and other commercial operators or non-commercial flight operators for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities;
Amendment 275 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 277 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of common assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person's race or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life.
Amendment 283 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Passenger Information Unit of a Member State or a group of Member States shall transfer the PNR data or the results of the processing of PNR data of the persons identified in accordance with points (a) and (b) of paragraph 2 for further examination to the relevant competent authorities of the same Member State. Such transfers shall only be made on a case-by- case basis.
Amendment 286 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
(i) ‘serious transnational crime’ means the following offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a Member State, and: trafficking in human beings, sexual exploitation of children, illicit trafficking in narcotic drugs, illicit trafficking in weapons and illicit trafficking in munition and explosives if :
Amendment 300 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of PNR data. Such decisions shall not be taken on the basis of a person's race or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life.
Amendment 306 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and seriouscertain types of serious transnational crime or a branch of such an authority to act as its ‘'Passenger Information Unit’' responsible for conducting risk assessments in accordance with Article 4 as well as collecting PNR data from the air carriers, storing them, analysing them and transmitting the result of the analysis to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authorities.
Amendment 315 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. All members of the Passenger Information Unit who have access to PNR data shall have had received specifically tailored training on processing of PNR data in full compliance with data protection principles and fundamental rights.
Amendment 317 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1c. The activities specified for in Article 9a(new)(4) shall only be carried out by specifically designated personnel of the Passenger Information Unit.
Amendment 318 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 a (new)
Article 6 – paragraph 2 – subparagraph 1 a (new)
If the flight does not take off due to force majeure and the cancellation of travel, the PNR data which has have transferred to the Passenger Information Unit, shall be immediately deleted.
Amendment 329 #
2011/0023(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 331 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt. Member States shall adopt the necessary measures to ensure that their Passenger Information Unit may request air carriers in accordance with Article 6 to: (a) transfer (‘push’) all PNR data of all passengers arriving or departing from that Member state in an anonymised format; (b) transfer (‘push’) specific PNR data of an individual linked to a name, contact detail or payment method linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime; (c) transfer (‘push’) PNR data of all passengers on specific flights where a risk assessment of the Passenger Information Unit has proven a high concrete risk that persons linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime are travelling on those flights.
Amendment 334 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers and other non-commercial flight operators, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers and other commercial operators or non-commercial flight operators include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt.
Amendment 340 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 342 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. A request pursuant to subparagraphs 1 (b) and (c) shall be subject to prior authorisation by a judicial authority and subject to a quarterly judicial review. The specification referred to in subparagraph 1 (c) may be temporal, geographical or both.
Amendment 345 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or a certain type of serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in line with the requirement set out in paragraph 3. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansand subject to human intervention by a member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 346 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State or a group of Member States shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter's database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crime.
Amendment 361 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or seriousa type of serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment the Passenger Information Unit may compare PNR data against relevant databases, including international or national databases or national mirrors of Unionnational databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such filesdata bases. In carrying out such an assessment the Passenger Information Unit may compare PNR data against the Schengen Information System and the Visa Information System. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansand subject to human intervention by a member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action; and
Amendment 363 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis, to duly reasoned requests from competent authorities to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigationin accordance with Article 4a (new) and pfrosecution of a terrorist offence or serious crime, and to provide the competent authorities with the results of such processing; andm Passenger Information Units from other Member States in accordance with Article 7.
Amendment 374 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 377 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. These assessment criteria must be targeted, specific, justified, proportionate and fact- based. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5 and regularly reviewed. The regular review shall involve the Data Protection Officer and ensure that the assessment criteria remain targeted, specific, justified, proportionate and fact-based. The assessment criteria shall in no circumstances be based on data revealing a person’'s race or ethnic origin, political opinions, religiousn or philosophical beliefs, political opinion, trade union membership, health or sexual life. sexual orientation or gender identity, trade union membership and activities, and the processing of biometric data or of data concerning, health or sex life. The assessment shall in any case not be based solely on automated processing and allow for human intervention on every criteria.
Amendment 397 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Data Protection Officer shall have access to all data transmitted to the Passenger Information Unit and from the Passenger Information Unit to a competent authority pursuant to Article 5. If the Data Protection Officer considers that transmission of any data was not lawful, he/she shall refer the matter to the Supervisory Authority, who shall have the power to order the receiving competent authority to erase the data.
Amendment 400 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4b. The storage, processing and analysis of PNR data shall be carried out exclusively within the territory of the Union. The law applicable to these procedures shall therefore be Union law on personal data protection.
Amendment 401 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 c (new)
Article 4 – paragraph 4 c (new)
4c. Member States shall bear the costs of use, retention and exchange of PNR data.
Amendment 406 #
2011/0023(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 413 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and seriouscertain types of serious transnational crime.
Amendment 423 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist of authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and seriouscertain types of serious transnational crime.
Amendment 426 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Each Member State shall notify the list of its competent authorities to the Commission twelve months after entry into force of this Directive at the latest, and mayshall at any time update its declaration to ensure the list is up-to-date. The Commission shall publish this information, as well as any updates, in the Official Journal of the European Union.
Amendment 431 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting the specific terrorist offences or serious crimetype of serious transnational crime for which it was requested.
Amendment 437 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of PNR data. Such decision shall always include human assessment. Such decisions shall not be taken on the basis of data revealing a person’'s race or ethnic origin, political opinions, religious or philosophical beliefs, political opinion, trade union membership,sexual orientation or gender identity, trade union membership and activities, and the processing of biometric data or of data concerning health or sexual life.
Amendment 443 #
2011/0023(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Obligations on air carriers and other commercial operators and non- commercial flight operators
Amendment 445 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph -1
Article 6 – paragraph -1
-1. Member States shall adopt the necessary measures to ensure that air carriers transfer ('push') anonymised PNR data pursuant to Article 4 (a), to the extent that such data are already collected by them in their normal course of business, to the Passenger Information Unit.
Amendment 449 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers and other non-commercial flight operators transfer ('push') the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 451 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers transfer ('push') the specific PNR data as defined in Article 2(c) and specified in the Annexpursuant to Article 4 (b) and (c) , to the extent that such data are already collected by them, in their normal course of business to the database of the national Passenger Information Unit of thea Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 455 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 456 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. In the cases of private planes or privately freighted flights, Member States should adopt the necessary measures to ensure that non-commercial flight operators provide PNR data for all passengers
Amendment 459 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Air carriers shall transfer PNR data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of Articles 13 and 14 or, in the event of technical failure, by any other appropriate means ensuring an appropriate level of data security:
Amendment 463 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a – introductory part
Article 6 – paragraph 2 – point a – introductory part
(a) once 24 to 48 hours before the scheduled time for flight departure;
Amendment 467 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) once immediately after flight closure, that is once the passengers have boarded the aircraft in preparation for departure and it is no longer possible for further passengers to board.
Amendment 471 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may permit air carriers and other non-commercial flight operators to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 472 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States mayshall permit air carriers to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 478 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers and other non-commercial flight operators shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious transnational crime.
Amendment 479 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to a terrorist offences or seriousa certain type of serious transnational crime.
Amendment 486 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted without delay by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considers such transfer to be necessaryrelevant for the prevention, detection, investigation or prosecution of terrorist offences or seriouscertain types of serious transnational crime. The Passenger Information Units of the receiving Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities. Where appropriate, an alert shall be entered in accordance with Article 36 of the Schengen Information System.
Amendment 494 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if strictly necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1), and, if necessary, also the result of the processing of PNR data. The request for such data may be based on any one or a combination of data elements as set out in the Annex, as deemed strictly necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of a terrorist offences or seriousa certain type of serious transnational crime. Passenger Information Units shall provide the requested data as soon as practicable using the common protocols and supported data formats and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b).
Amendment 503 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if strictly necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to a terrorist offences or serious crimea specific serious transnational crime. Such access to the full PNR data shall be permitted only with the approval of the Head of the Passenger Information Unit the request has been made to.
Amendment 511 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 525 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to a terrorist offences or seriousa specific serious transnational crime, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter’'s territory at any time, should this data have been retained.
Amendment 533 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Exchange of information under this Article mayshall take place using any existing channels for European and international law enforcement cooperation, in particular Europol and national units under Article 8 of Council Decision 2009/371/JHA of 6 April 2009. The language used for the request and the exchange of information shall be the one applicable to the channel used. Member States shall, when making their notifications in accordance with Article 3(3), also inform the Commission with details of the contacts to which requests may be sent in cases of urgency. The Commission shall communicate to the Member States the notifications received.
Amendment 547 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis, only on the basis of an international agreement between the Union and that third country and if:
Amendment 552 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
Amendment 569 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the transfer is strictly necessary for the purposes of this Directive specified in Article 1(2), and.
Amendment 579 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 596 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
A Member State may transfer PNR data and the results of the processing of PNR data to a third country only if: (a) the third country receiving the data agrees not to transfer the PNR data and the results of the processing of PNR data to another country. (b) the third country submits a duly reasoned request to a competent authority referred to in Article 5 of the Member State concerned; (c) the reasoned request sets out reasonable grounds to consider that the transmission of the PNR data or the results of the processing of the PNR data will substantially contribute to the prevention, detection, investigation or prosecution of the terrorist offence or a serious transnational crime in question; and (d) a court verified, in a timely manner, that all conditions set out in paragraphs (a) and (e) are fulfilled.
Amendment 605 #
2011/0023(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Amendment 613 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers, pursuant to Article 4(1), subparagraphs (b) and (c), to the Passenger Information Unit, are retained in a database at the Passenger Information Unit for a period of 302 days after their first transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 626 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 302 days after the first transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fivone years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymised PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecutions shall be depersonalised through masking out in accordance with Article 9a (new).
Amendment 638 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Amendment 641 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 1
Article 9 – paragraph 2 – subparagraph 2 – indent 1
Amendment 643 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 2
Article 9 – paragraph 2 – subparagraph 2 – indent 2
Amendment 651 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 3
Article 9 – paragraph 2 – subparagraph 2 – indent 3
Amendment 656 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 4
Article 9 – paragraph 2 – subparagraph 2 – indent 4
Amendment 668 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The result of matching referred to in Article 4(2)(a) and (b) shall be kept by the Passenger Information Unit only as long as necessary to inform the competent authorities of a positive match. Where the result of an automated matching operation has, further to individual review by non- automated meanssubject to human intervention by a member of the Passenger Information Unit, proven to be negative, it shall, however, be stored so as to avoid future ‘'false’' positive matches for a maximum period of threone years unless the underlying data have not yet been deleted in accordance with paragraph 3 at the expiry of the fivone years, in which case the log shall be kept until the underlying data are deleted.
Amendment 673 #
2011/0023(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Amendment 676 #
2011/0023(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Penalties against air carriers and non- commercial flight operators
Amendment 681 #
2011/0023(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers and other non- commercial flight operators which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this Directive.
Amendment 685 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Each Member State shall provide that, in respect of all processing of personal data pursuant to this Directive, every passenger shall have the same right to protection of their personal data, right to access, the right to rectification, erasure and blocking, the right to compensation and the right to judicial redress as those laid out in this Directive and adopted under Unational law in implementation of Articles 17, 18, 19 and 20 of the Council Framework Decision 2008/977/JHA. The provisions of Articles 17, 18, 19 and 20 of the Council Framework Decision 2008/977/JHA shall therefore be applicable. Member States shall ensure that the rights of the data subject laid down in Articles 11 a (new) to 11 m (new) of this Directive are fully respected.
Amendment 691 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHA regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive.
Amendment 699 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. AnyIn accordance with Article 11 a (new), Member States shall prohibit the processing of PNR data revealing a person’s race or ethnic origin, political opinions, religiousn or philosophical beliefs, political opinionsexual orientation or gender identity, trade -union membership, health or sexual life shall be prohibited. In the event that PNR data revealing such information are received by the Passenger Information Unit they shall be deleted immediately or activities, and the processing of biometric data or of data concerning health or sex life.
Amendment 710 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall ensure that air carriers, their agents or other ticket sellers for the carriage of passengers on air service inform passengers of international flights at the time of booking a flight and at the time of purchase of a ticket in a clear and precise manner about the provision of PNR data to the Passenger Information Unit, the purposes of their processing, the period of data retention, their possible use to prevent, detect, investigate or prosecute terrorist offences and serious crime, the possibility of exchanging and sharing such data and their data protection rights,the Passenger Information Unit provides the data subject with at least the information laid down in paArticular the right to complain to a national data protection supervisory authority of their choice. The same information shall be made available by the Member States to the publicle 11 b (new).
Amendment 714 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited.
Amendment 719 #
2011/0023(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Processing of special categories of data 1. Member States shall prohibit the processing of PNR data revealing race or ethnic origin, political opinions, religion or philosophical beliefs, sexual orientation or gender identity, trade-union membership or activities, and the processing of biometric data or of data concerning health or sex life. 2. In the event that PNR data revealing such information are received by the Passenger Information Unit, they shall be deleted without delay. To that end, upon the receipt of PNR data from air carriers, Member States shall apply automated and manual controls to identify and delete sensitive data from PNR data obtained. 3. In order to identify and delete any sensitive data from PNR data retained, members of the Passenger Information Unit shall undertake manual checks before any further manual processing and prior to any transfer of PNR data to competent authorities in accordance with Article 4(2), to the Passenger Information Unit or another Member State in accordance with Article 7, or to a third country in accordance with Article 8.
Amendment 724 #
2011/0023(COD)
Proposal for a directive
Article 11 c (new)
Article 11 c (new)
Article 11c Right of access for the data subject Member States shall provide for the right of the data subject to obtain from the Passenger Information Unit a copy of the PNR data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject.
Amendment 728 #
2011/0023(COD)
Proposal for a directive
Article 11 f (new)
Article 11 f (new)
Amendment 729 #
2011/0023(COD)
Proposal for a directive
Article 11 g (new)
Article 11 g (new)
Article 11g Keeping of records 1. Member States shall ensure that records are kept of at least the following processing operations: collection, alteration, consultation, disclosure, combination or erasure. The records of consultation and disclosure shall show in particular the purpose, date and time of such operations and as far as possible the identification of the person who consulted or disclosed PNR data, and the identity of the recipients of such data. 2. The records shall be used solely for the purposes of verification of the lawfulness of the data processing, self-monitoring and for ensuring data integrity and data security, or for purposes of auditing, either by the Data Protection Officer or by the supervisory authority. 3. The Member State shall ensure that the Passenger Information Unit shall make the records available, on request, to the supervisory authority.
Amendment 730 #
2011/0023(COD)
Proposal for a directive
Article 11 h (new)
Article 11 h (new)
Amendment 731 #
2011/0023(COD)
Proposal for a directive
Article 11 i (new)
Article 11 i (new)
Article 11i Right to judicial remedy 1. Without prejudice to any available administrative remedy, including the right to lodge a complaint with a supervisory authority, Member States shall provide for the right of every natural person to a judicial remedy if they consider that that their rights laid down in provisions adopted pursuant to this Directive have been infringed as a result of the processing of their personal data in non- compliance with these provisions. 2. Member States shall ensure that final decisions by the court referred to in this Article will be enforced.
Amendment 732 #
2011/0023(COD)
Proposal for a directive
Article 11 j (new)
Article 11 j (new)
Article 11j Liability and the right to compensation Member States shall provide that any person who has suffered damage, including non-pecuniary damage, as a result of an unlawful processing operation or of an action incompatible with the provisions adopted pursuant to this Directive shall have the right to claim compensation for the damage suffered.
Amendment 733 #
2011/0023(COD)
Proposal for a directive
Article 11 k (new)
Article 11 k (new)
Article 11k Penalties for non-compliance Member States shall lay down the rules on penalties, applicable to infringements of the provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Amendment 734 #
2011/0023(COD)
Proposal for a directive
Article 11 l (new)
Article 11 l (new)
Article 11l Notification of a personal data breach to the supervisory authority 1. Member States shall provide that in the case of a personal data breach, the Passenger Information Unit, without undue delay and, where feasible, not later than 24 hours, the personal data breach to the supervisory authority. The Passenger Information Unit shall provide, on request, to the supervisory authority a reasoned justification in cases of any delay. 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) communicate the identity and contact details of the Data Protection Officer referred to in Article 3a (new) or other contact point where more information can be obtained; (c) recommend measures to mitigate the possible adverse effects of the personal data breach; (d) describe the possible consequences of the personal data breach; (e) describe the measures proposed or taken by the Passenger Information Unit to address the personal data breach and mitigate its effects. In case all information cannot be provided without undue delay, the Passenger Information Unit can complete the notification in a second phase. 4. Member States shall provide that the Passenger Information Unit documents any personal data breaches, comprising the facts surrounding the breach, its effects and the remedial action taken. This documentation must be sufficient to enable the supervisory authority to verify compliance with this Article. The documentation shall only include the information necessary for that purpose. 5. The supervisory authority shall keep a public register of the types of breaches notified.
Amendment 735 #
2011/0023(COD)
Proposal for a directive
Article 11 m (new)
Article 11 m (new)
Article 11m Communication of a personal data breach to the data subject 1. Member States shall provide that when the personal data breach is likely to adversely affect the protection of the personal data and/or the privacy of the data subject, the Passenger Information Unit shall, after the notification referred to in Article 11l (new), 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 be comprehensive and use clear and plain language. It shall describe the nature of the personal data breach and contain at least the information and the recommendations provided for in points (b), (c) and (d) of Article 11l (new) and information about the rights of the data subject, including redress. 3. The communication of a personal data breach to the data subject shall not be required if the Passenger Information Unit demonstrates to the satisfaction of the supervisory authority that it has implemented appropriate technological protection measures, and that those measures were applied to the PNR 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 or restricted, in a specific case, to the extent that such a delay or restriction constitutes a necessary and proportionate measure: (a) to avoid obstructing official or legal inquiries, investigations or procedures; (b) to protect public security; (c) to protect the rights and freedoms of others.
Amendment 736 #
2011/0023(COD)
Proposal for a directive
Article 12
Article 12
1. Each Member State shall provide that the national supervisory authority established in implementation of Article 25 of Framework Decision 2008/977/JHA shall also be responsible for advising on and monitoring the application within its territory of the provisions adopted by the Member States pursuant to the present Directive. The further provisions of Article 25 Framework Decision 2008/977/JHA shall be applicableone or more public authorities are responsible for monitoring the application of the provisions adopted pursuant to this Directive and for contributing to its consistent application throughout the Union, in order to protect the fundamental rights and freedoms of natural persons in relation to the processing of their personal data. 2. Member States shall ensure that the supervisory authority acts with complete independence in exercising the duties and powers entrusted to it. 3. Each Member State shall provide that the members of the supervisory authority, in the performance of their duties, neither seek nor take instructions from anybody, and maintain complete independence and impartiality. 4. Each Member State shall ensure that the supervisory authority is provided with the adequate human, technical and financial resources, premises and infrastructure necessary for the effective performance of its duties and powers. 5. Each Member State shall ensure that the supervisory authority must have its own staff which shall be appointed by and subject to the direction of the head of the supervisory authority.
Amendment 748 #
2011/0023(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Duties of the national supervisory authority 1. Member States shall provide that the supervisory authority: (a) monitors and ensures the application of the provisions adopted pursuant to this Directive and its implementing measures; (b) hears complaints lodged by any data subject, investigates, to the extent appropriate, the matter and informs the data subject of the progress and the outcome of the complaint within a reasonable period, in particular where further investigation or coordination with another supervisory authority is necessary; (c) checks the lawfulness of the data processing; (d) conducts investigations, inspections and audits, either on its own initiative or on the basis of a complaint, and informs the data subject concerned, if the data subject has addressed a complaint, of the outcome of the investigations within a reasonable period; (e) monitors relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies; 2. The supervisory authority shall, upon request, advise any data subject in exercising the rights laid down in provisions adopted pursuant to this Directive, and, if appropriate, co-operate with supervisory authorities in other Member States to this end. 3. For complaints referred to in point (b) of paragraph 1, the supervisory authority shall provide a complaint submission form, which can be completed electronically, without excluding other means of communication. 4. Member States shall provide that the performance of the duties of the supervisory authority shall be free of charge for the data subject. 5. Where requests are manifestly excessive, in particular due to their repetitive character, the supervisory authority may charge a reasonable fee. Such a fee shall not exceed the costs of taking the action requested. The supervisory authority shall bear the burden of proving the manifestly excessive character of the request.
Amendment 750 #
2011/0023(COD)
Proposal for a directive
Article 12 b (new)
Article 12 b (new)
Amendment 757 #
2011/0023(COD)
Proposal for a directive
Article 14
Article 14
Amendment 771 #
2011/0023(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 777 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 783 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within four years after the date mentioned in Article 15(1)feasibility, necessity and proportionality of this Directive, in the light of the experience gained by the Member States. Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the length of the data retention period and, the quality of the assessments and the effectiveness of the sharing of the data between the Member States. It shall also contain the statistical information gathered pursuant to Article 18. The Commission shall submit a report to the European Parliament and the Council within two years after the date mentioned in Article 15(1);
Amendment 790 #
2011/0023(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Limitation This Directive shall loose its effect after a period of seven years. The Commission may propose to extend the effect of this Directive for further seven-year-periods. The decision of extension shall be taken by ordinary legislative procedure after the approval by the European Parliament and the Council.
Amendment 795 #
2011/0023(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall prepare a set of statistical information on PNR data provided to the Passenger Information Units. Such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or seriouscertain types of serious transnational crime according to Article 4(2) and, the number of subsequent law enforcement actions that were taken involving the use of PNR data per air carrier and destination and the number of criminal convictions resulting from the enforcement action.
Amendment 799 #
2011/0023(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. These statistics shall not contain any personal data. They shall be transmitted to the Commission and the European Parliament on a yearly basis.
Amendment 817 #
Amendment 825 #
2011/0023(COD)
Proposal for a directive
Annex 1 – point 12
Annex 1 – point 12
(12) General remarks (including all available information on unaccompanied minors under 18 years, such as name and gender of the minor, age, language(s) spoken, name and contact details of guardian on departure and relationship to the minor, name and contact details of guardian on arrival and relationship to the minor, departure and arrival agent)
Amendment 829 #
2011/0023(COD)
Proposal for a directive
Annex 1 – point 14
Annex 1 – point 14
(14) Seat number and other seat information
Amendment 1 #
2010/2269(INI)
Draft opinion
Recital A
Recital A
A. whereas migration, as a worldwide phenomenon, has contributed to the exchange of ideas and therefore also to but has also entailed challenges of integration into the host societies and therefore has brought along bothe cultural and economic enrichment of the European Union and questions and issues of social inclusion and adaptation, whereas the EU needs substantial but controlled immigration to support ageing population and address other social and economic challenges,
Amendment 11 #
2010/2269(INI)
Draft opinion
Recital D
Recital D
D. whereas the primary goal of EU policy should be to address the reasons for migration and find durable and sustainable solutionsbuild a prosperous Europe to gethe challenges that arise from mir with immigrants with full respect of fundamental rights and dignity for migrants and more effective immigration policy and integration,
Amendment 17 #
2010/2269(INI)
Draft opinion
Recital E
Recital E
Amendment 20 #
2010/2269(INI)
Draft opinion
Recital E a (new)
Recital E a (new)
Ea. whereas climate migration due to the global warming might reach unprecedented levels in coming years and the consequences for human security efforts could be devastating unless aggressive measures are taken,
Amendment 22 #
2010/2269(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the Commission's recent efforts to find procedureproposals for legal migration for non- asylum seekers and urges it to develop further instruments in this direction, taking into account that legal possibilities will also limit organised crime that makes a profit from the necessity for people to moveto establish a common immigration policy, to manage economic migration with a view to promoting economic and social progress in receiving, transit and origin countries, to enhance social cohesion by improving the integration of migrants; emphasises the need for adequate information on possibilities for legal immigration to the EU, in order to prevent illegal migration, make better use of the EU schemes for legal immigration, clarify the actual perspectives and opportunities within the EU and dismantle false hopes given by traffickers; therefore urges the Commission to build up information centres on migration possibilities to the EU in third countries;
Amendment 31 #
2010/2269(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that there is an urgent need for further researchbetter understand the dynamics onf climate-inducrelated migration and displacement; asks the Commission to address the problem of environmental and climate change forced migration and tothreats that climate-related migration poses to human security and wellbeing and consider the possibility of allowing the climate migrants concerned to qualify for subsidiary protection on a temporary basis until longer-term solutions are found;
Amendment 39 #
2010/2269(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Asks for an open and thorough analysis of the EU’s visa policy as a whole to clarify its impact on refugees and asylum- seekers, revealing the pros and cons of the existing systemthinks that the EU should assure high standards for receiving, protecting and integrating asylum seekers and guarantee access to healthcare for undocumented migrants and particularly for pregnant women and children; is of the opinion that where the Member States collaborate with private entities in the visa- issuing procedure, direct access to the Member States’ representations abroad should be maintained for refugee visa applicants; recalls that specific attention should be paid to free movement of persons as a fundamental right guaranteed to European Union;
Amendment 28 #
2010/2235(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets that the EU budget for actions in the field of road safety in recent years has been reduced significantly, and calls on the Commission to counteract this trend;
Amendment 29 #
2010/2235(INI)
Motion for a resolution
Paragraph 5 – point 1 a (new)
Paragraph 5 – point 1 a (new)
a 50 % reduction in the number of pedestrians and cyclists killed in road collisions
Amendment 33 #
2010/2235(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates its view that a complementary, long-term strategy is needed which goes beyond the period covered by the communication under consideration here and has the objective of preventing all road deaths (‘Vision Zero’); being aware that this is not feasible without the extensive use of technology in road vehicles and development of proper networks for ITS; calls on the Commission to develop the central features of such a strategy and to present them within the next three years;
Amendment 51 #
2010/2235(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to draw up by 2012 a proposal to improve the data available concerning the causes of accidents and injuries; by implementing in- depth accident investigations of a sample of fatal and severe collisions.
Amendment 65 #
2010/2235(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Highlights that the behaviour of road users is directly linked not only with traffic education in period of obtaining a driving license, but from awareness and education of road users from childhood onwards in general;
Amendment 68 #
2010/2235(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes the view that greater importance should be attached to the concept of lifelong learning starting at school including cycling and walking in the area of road transport as well;
Amendment 75 #
2010/2235(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls for education of road users that driver training shall take into account learning/teaching of defensive driving as obligatory;
Amendment 76 #
2010/2235(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls, in the context of driver training, for greateras one of main point of education of novice drivers for achieving and improving road safety targets, for urgent attention to be paid to the main causes of road deaths, such as speeding, driving while drunk or under the influence of drugs, failure to wear a seat belt or other protective equipment and the use of mobile communications devices while driving;
Amendment 82 #
2010/2235(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Encourages Member States to introduce special penalty point systems for the most dangerous offences as the most efficient supplement to financial fines;
Amendment 85 #
2010/2235(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to prepare by 2013 a proposal for a Directive for enforcement alcohol interlocks to the all professional and commercial vehicles;
Amendment 92 #
2010/2235(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls for an obligatory eye test for all drivers of category A and B every 10 years and for drivers, older then 65 years, every 5 years; calls for an obligatory medical check for all drivers, older then 80 years, to identify physical and mental ability to continue driving;
Amendment 95 #
2010/2235(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to draw up, every three years, EU road safety campaigns on a specific topic and to systematically use the communication channels which have grown up as a result of the implementation of the Road Safety Charter for these campaigns;
Amendment 127 #
2010/2235(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls for an EU-wide harmonised blood alcohol limit, which should be at 0 ‰ blood alcohol limit in the first 2 years for novice drivers and 0,2 BAC limit for professional drivers at all time;
Amendment 129 #
2010/2235(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission to draw up, within two years, a legislative proposal for a harmonised approach on winter tyres for passenger cars, buses and lorries in EU regions taking into account the respective weather conditions in each Member State;
Amendment 130 #
2010/2235(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls into consideration of feasibility to introduce a chip with information of driver blood group to be integrated in driving license;
Amendment 159 #
2010/2235(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission and the Member States to identify and implement suitable measures to prevent accidents on rural roads and in rural areas and reduce the damage they cause; in this context, calls for a strict enforcement of a ban on heavy goods vehicles from using secondary network (national, regional and local roads), where highways could be used to reach the same destination;
Amendment 179 #
2010/2235(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on Members States and road operators to provide appropriately designed facilities, which improve safety in that they are all well equipped with the road signs and well-lit to be more user friendly especially for motorcyclists and cyclists;
Amendment 199 #
2010/2235(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Points out that technical exams for PTW would help in improving Road Safety;
Amendment 203 #
2010/2235(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to lay down within two years common rules and standards for technical checks to be performed onfor all vehicles and in particularly for vehicles which have been involved in serious accidents;
Amendment 207 #
2010/2235(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Calls on the Commission to lay down a proposal that obliges manufacturers of light commercial vehicles to ensure that all new light commercial vehicles are equipped with speed limitation devices for which the maximum speed is set at 120 km/h;
Amendment 209 #
2010/2235(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Calls on the Commission to promote of raising vehicle safety standards, such as in car vehicle technology as means of preventing collisions from happening;
Amendment 216 #
2010/2235(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls for details of the traffic rules currently in force in individual Member States to be made available to road users before and during journeys, for example through the use of smart traffic systems; and through these systems for development of an EU wide net of ‘’state of road’’ information in each vehicle equipped with navigation systems;
Amendment 235 #
2010/2235(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Calls on the Commission to draw up measures to support and protect members of the rescue services in case of an accident, such as possibility to identify or to retrieve on the spot information about the engine type of the vehicle, passive safety equipment, like airbags, or the use of specific material, as well as all other relevant technical rescue information on each car model, in order to accelerate the rescue operation;
Amendment 247 #
2010/2235(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Calls on the Commission and Member States to support cycling and walking as modes of transport in their own right and an integral part of all transport systems;
Amendment 258 #
2010/2235(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Invites the Commission and Member States to promote "Safe routes to School" schemes to increase the safety of children;
Amendment 11 #
2010/2154(INI)
Motion for a resolution
Recital F
Recital F
F. whereas health represents an asset to be preserved and exposure to ionising radiation from certain types of scanners, such as those emitting X-rays with cumulative effects, needs to be analysed; whereas this represents a risk that should be avoidand must not be permitted,
Amendment 48 #
2010/2154(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to propose adding security scanners to the list of authorised screening methods, together with appropriate rules for their use, as set out in this resolution;request the opinion of a scientific committee, for e.g. by drawing on the expertise of SCENIHR on the health effects of electromagnetic fields, with a view to adding security scanners to the list of authorised screening methods in the future, provided that existing health concerns are allayed in a conclusive manner.
Amendment 101 #
2010/2154(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that exposure to doses of ionising radiation above the recommended annual limits cannot be acceptable; believes, therefore, that X-ray transmission imaging should not be used in systematic security screening;
Amendment 120 #
2010/2154(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Believes that such protection can be better achieved when a standard figure isonly stick figures should be used, and that the use ofno body images should be permitted only with the appropriate guarantees and on an exceptional basis;taken.
Amendment 132 #
2010/2154(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that images should not be stored for longer than is necessary to ensure aviation securitystick figures must not be stored, and can only be used for the amount of time necessary for the screening process, that they shouldmust be destroyed once they are no longer necessary for the intended purposedirectly afterwards, and that they should not be used for purposes other than to detect prohibited objects;
Amendment 149 #
2010/2154(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Takes the view that, wheno images are used, they should not be linked to the passenger's identity and measures should be takentaken, in order to enssecure that passengers cannot be identified with images of any part of the body unless this is necessar' identity;
Amendment 5 #
2010/0325(COD)
Proposal for a decision
Recital 6 a (new)
Recital 6 a (new)
(6a) An online database containing specimen of all travel documents should be established on the long-term basis to allow border control authorities and consular staff to verify whether a given document is recognised by Member States.
Amendment 6 #
2010/0325(COD)
Proposal for a decision
Recital 7
Recital 7
(7) The measures necessary for the implementation of this DecisionIn order to ensure uniform conditions for compiling and updating of the list of travel documents, implementing powers should be conferred on the Commission. Those powers should be adoptexercised in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission1 . ______________________ 1Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers1. ______________________ 1 OJ L 184, 17.7.1999, p. 23. OJ L 55, 28.2.2011, p. 13.
Amendment 7 #
2010/0325(COD)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7a) The advisory procedure should be used for the drawing-up and updating of the list of travel documents, given that those acts merely constitute the compilation of issued travel documents.
Amendment 9 #
2010/0325(COD)
Proposal for a decision
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The list of travel documents shall be drawn up in accordance with the advisory procedure referred to in Article 7(2).
Amendment 13 #
2010/0325(COD)
Proposal for a decision
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The updated list shall be drawn up in accordance with the advisory procedure referred to in Article 7(2).
Amendment 14 #
2010/0325(COD)
Proposal for a decision
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In order to assist the Member States in their assessment of the technical standards of the travel documents, the Commission may in accordance with the advisory procedure set out in Article 7(2), provide for a technical analysis of such travel documents.
Amendment 16 #
2010/0325(COD)
Proposal for a decision
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Commission shall be assisted by a committee (the Travel Document Committee). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 17 #
2010/0325(COD)
Proposal for a decision
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof 4 of Regulation (EU) No 182/2011 shall apply.
Amendment 50 #
2009/0173(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Whereas the beneficial effects of speed limitation devices with regard to the protection of the environment, energy consumption, the wear and tear of the motor and tyres and road safety will help in attaining the objectives of this Regulation;
Amendment 52 #
2009/0173(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The speed of road vehicles has a strong influence on their fuel consumption and CO2 emissions. In addition, in the absence of speed limitation for light commercial vehicles, it is possible that there is an element of competition as regards top speed which could lead to oversized powertrains and associated inefficiencies in slower operating conditions. It is therefore appropriate to investigate the feasibility of extending the scope of Council Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community, with the aim of including light commercial vehicles covered in this Regulation.
Amendment 62 #
2009/0173(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. From 2020, this Regulation sets a target of 1350 g CO2/km for the average emissions of new light commercial vehicles registered in the Community.
Amendment 100 #
2009/0173(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 111 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In respect of the period 1 January 2014 and every calendar year thereafter, the Commission shall be strict by imposeing an excess emissions premium on aevery manufacturer or pool manager, as appropriate, where a manufacturer’s average specific emissions of CO2 exceed its specific emissions target.
Amendment 131 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. TWith the aim of lowering the impact of transport emissions on the environment, the amounts of the excess emissions premium shall be considered as revenue for the general budget of the European Union, but shall be properly used to finance projects related to the development of innovative and new engine technologies.
Amendment 145 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1 – indent 1
Article 12 – paragraph 4 – subparagraph 1 – indent 1
– subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2020, a long-term target of 1350 g CO2/km in a cost-effective manner; and
Amendment 9 #
2009/0104(CNS)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
Amendment 13 #
2009/0104(CNS)
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore the former Yugoslav Republic of Macedonia, Montenegro and Serbia [the latter twoMontenegro and Serbia meeting all the benchmarks by the date of adoption of the present Regulation] and Albania and Bosnia and Herzegovina [as regards Albania and Bosnia and Herzegovina, the exemption from the visa requirement should apply after an assessment by the Commission that each of those countries meets all the benchmarks set in the roadmap for visa liberalisation and after that assessment is approved by the Council], should be transferred to Annex II to Regulation (EC) No 539/2001. Thisat visa waiver should only appapply only to holders of biometric passports issued by each of the threfive countries concerned.
Amendment 20 #
2009/0104(CNS)
Proposal for a regulation
Article 1 - paragraph 1 - point -a (new)
Article 1 - paragraph 1 - point -a (new)
Regulation (EC) No 539/2001
Annex I - part 1
Annex I - part 1
Amendment 22 #
2009/0104(CNS)
Proposal for a regulation
Article 1 - paragraph 2
Article 1 - paragraph 2
Regulation (EC) No 539/2001
Annex II - part 1
Annex II - part 1
2) In Annex II , Part 1, the following references shall be inserted: "Albania * ** Bosnia and Herzegovina * ** the former Yugoslav Republic of Macedonia ** Montenegro ** Serbia [excluding holders of Serbian passports issued by the Serbian Coordination Directorate (in Serbian: Koordinaciona uprava) ] ** ------------------- * The exemption from the visa requirement shall apply after an assessment by the Commission that the country in question meets all the benchmarks set in the roadmap for visa liberalisation is approved by the Council and notice of the assessment and Council's decision is published in the Official Journal of the European Union. ** The exemption from the visa requirement only applies to holders of biometric passports"."