1586 Amendments of Lena DÜPONT
Amendment 64 #
2023/2720(RSP)
Paragraph 7
7. Underlines the continued need to better protect pollinators from risks resulting from pesticides and biocides, and regrets the delay in taking action to protect pollinators through the authorisation procedures laid down in Regulation (EC) 1107/20097and Regulation (EU) 528/20128; _________________ 7 Regat effective pest control can ensure the yields and qualities of agricultural products and that trade- offs resulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1). 8 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).ng from the protection of pollinators must be weighed up and met with practical solutions;
Amendment 139 #
2023/2720(RSP)
Paragraph 19
19. Highlights the essential role of farmers in maintaining habitats for pollinators and fostering sustainable agricultural practices that prioritise the well-being of these crucial species and contribute to the preservation of biodiversity and to the protection of crops in terms of security of supply of food and feed;
Amendment 155 #
2023/2720(RSP)
Paragraph 23
23. Recognises the importance of citizen scientists and taxonomistfarmers, who need to be supported further so that they can strengthen their expertise and good practices and share them across Member States; appreciates the successful work of Pollinator Ambassadors in motivating citizens and businesses;
Amendment 159 #
2023/2720(RSP)
Paragraph 23 a (new)
Amendment 162 #
2023/2720(RSP)
Paragraph 24
24. Calls on the Commission and the Member States to support education programmes for beekeepers and agronomy students in order to build capacities in the management and promotion of biodiversity and pollination as an ecosystem service; stresses that incentive schemes for measures promoting pollinator populations are necessary and that farmers and other land users should be financially supported, and that cooperation with and the voluntary involvement of land users should be emphasised in the promotion of pollinators in the agricultural landscape;
Amendment 2 #
2023/2501(RSP)
Citation 14
— having regard to the Adequacy Referential of the Article 29 Working Party (WP 251 rev.01) as endorsed by the European Data Protection Board (EDPB), to the EDPB Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data, and to the EDPB Recommendations 02/2020 on the European Essential Guarantees for surveillance measures,
Amendment 3 #
2023/2501(RSP)
Recital A
A. whereas in the ‘Schrems I’ judgment, the Court of Justice of the European Union (CJEU) invalidated the Commission Decision of 26 July 2000 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the safe harbour privacy principles and related frequently asked questions issued by the US Department of Commerce9, and pointed out that indiscriminate access by intelligence authorities to the content of electronic communications violates the essence of the fundamental right to confidentiality of communications provided for in Article 7 of the Charter; whereas the Court pointed out that, for the purpose of an adequacy decision, a third country does not have to ensure an identical, but "essentially equivalent" level of protection to that guaranteed in EU law, which may be ensured through different means; _________________ 9 OJ L 215, 25.8.2000, p. 7.
Amendment 7 #
2023/2501(RSP)
Recital E
E. whereas, when examining the level of protection afforded by a third country, the Commission is obliged to assess the content of the rules applicable in that country deriving from its domestic law or its international commitments, as well as the practice designed to ensure compliance with those rules; whereas, if such assessment were to be found unsatisfactory in terms of adequacy and equivalence, the Commission should refrain from establishing an adequacy decision since it is conditional to the implementation;
Amendment 14 #
2023/2501(RSP)
Recital H
H. whereas mass surveillance, including the bulk collection of data, by state actors is detrimental to the trust of European citizens and businesses in digital services and, by extension, in the digital economy;
Amendment 15 #
2023/2501(RSP)
Recital H a (new)
H a. whereas previous jurisprudence of the European Court of Human Rights acknowledges that bulk interception to protect national security and other essential national interests against serious external threats is not prohibited, and States enjoy a margin of appreciation in deciding what type of interception regime is necessary;
Amendment 18 #
2023/2501(RSP)
Recital J
J. whereas there is no federal privacy and data protection legislation in the United States (US); whereas the EU and the US have differing definitions of key data protection concepts such as principles of necessity and proportionalitynew EO introduces definitions of principles of necessity and proportionality in line with those used in the EU legal system;
Amendment 21 #
2023/2501(RSP)
Paragraph 1
1. Recalls that privacy and data protection are legally enforceable fundamental rights enshrined in the Treaties, the Charter and the European Convention of Human Rights, as well as in laws and case-law; emphasises that they must be applied in a manner that does not unnecessarily hamper trade or international relations, but can be balanced only against other fundamental rights and not against commercial or political interests; whereas, according to consolidated case law of the Court of Justice of the European Union and the European Court of Human Rights, fundamental rights can be balanced against objectives of general interest, such as the protection of national security, provided that any limitation to the rights and freedoms of individuals is necessary and proportionate to meet such objectives;
Amendment 27 #
2023/2501(RSP)
Paragraph 2
2. Acknowledges the efforts made in the EO to lay down limits on US Signals Intelligence Activities, by referring to the principles of proportionality and necessity, and providing a list of legitimate objectives for such activities; points out, however, that these principles which are long- standing key elements of the EU data protection regime and that their substantive definitions in the EO are not in line with their definition under EU law and their interpretation by the CJEU; points out, furthermore, that for the purposes of the EU-US Data Privacy Framework, these principles will be interpreted solely in, will have to be operationalised and implemented, in the policies and procedures of US intelligence agencies within one year; notes that the EU lists 12 legitimate objectives that may be pursued when conducting signals intelligence collection and 5 objectives for which signals intelligence collection is prohibited; notes that the lighst of US law and legal traditionslegitimate national security objectives can be expanded by the US President, who can determine not to make the relevant updates public; points out that the EO requires that signals intelligence must be conducted in a manner necessary and proportionate to the ‘validated intelligence priority’, which appears to be a broad interpretation of proportionality; further justifies the purpose for which intelligence collection may take place;
Amendment 35 #
2023/2501(RSP)
Paragraph 3
3. Regrets the fact that the EO does not prohibitNotes that the EO allows the bulk collection of data by signals intelligence, including the content of communications; notes that the list of legitimate national security objectives can be expanded by the US President, who can determine not to make the relevant updates publicreminds that the EO provides that targeted collection should be prioritized over bulk collection; notes that, while the EO contains several safeguards in case of bulk collection, it does not provide for independent prior authorisation for bulk collection, which is also not foreseen under EO 12333;
Amendment 46 #
2023/2501(RSP)
Paragraph 4
Amendment 51 #
2023/2501(RSP)
Paragraph 5
5. Points out that the decisions of the Data Protection Review Court (‘DPRC’) will be classified and not made public or available to the complainant; points out that the DPRC is part of the executive branch and not the judiciary; points outis part of the executive branch and not the judiciary; notes, however, that only an administrative body within executive branch can enjoy both requisite independence and overcome standing requirement applicable to US federal courts; considers that EO 14086 foresees several guarantees to ensure the independence of DPRC judges, as also recognised by the EDPB in its opinion; calls on the Commission to closely monitor the application of these safeguards for independence in practice; recognises that the DPRC will adopt reasoned decision; notes, however, that the decisions of the DPRC will be classified and not made public; notes that athe complainant will be represented by a ‘special advocate’ designated by the DPRC, for whom there is no requirement of independenceinformed that "the review either did not identify any covered violations or the DPRC issued a determination requiring appropriate remediation"; points out that the redress process provided by the EO is based on secrecy and does not set up an obligation to notify the complainant that their personal data has been processed, thereby undermining their right to access or rectify their data; notes that the proposed; notes, however, that the complainant will be notified if the information included in the decision of the DPRC has been declassified; points out that a complainant will be redpress processented by a ‘special advocate’ does not provide for an avenue for appeal in a federal court and therefore, among other things, does not provide any possibility for the complainant to claim damages; concludes that the DPRC does not meet the standards of independence and impartiality of Article 47 of the Charter; ignated by the DPRC; points out that the DPRC has the power to access all necessary information and to remedy violations (e.g. to order the deletion of data); notes that the PCLOB will independently review the functioning of the new redress mechanism; points out that the new redress mechanism does not allow for the US Attorney General to dismiss and supervise the DPRC Judges; calls on the Commission to closely monitor this new framework;
Amendment 58 #
2023/2501(RSP)
Paragraph 6
6. Notes that, while the US has provided for a new mechanism for remedy for issues related to public authorities’ access to data, the remedies available for commercial matters under the adequacy decision are insufficient; notes that these issues are largely left to the discretion of companies, which can select alternative remedy avenues such as dispute resolution mechanisms or the use of companies’ privacy programmemain the same; calls on the Commission to closely monitor the effectiveness of these redress mechanisms;
Amendment 65 #
2023/2501(RSP)
Paragraph 7
7. Notes that European businesses need and deserve legal certainty; stresses that successive data transfer mechanisms, which were subsequently repealed by the CJEU, created additional costs for European businesses; notes that continuing uncertainty and the need to adapt to new legal solutionserefore the need to ensure legal certainty and avoid a situation that is particularly burdensome for micro, small and medium- sized enterprises; regrets that the lack of an adequacy decision increases financial and administrative burden;
Amendment 69 #
2023/2501(RSP)
Paragraph 8
8. Points out that, unlike all other third countries that have received an adequacy decision under the GDPR, the US still does not have a federal data protection law; points outacknowledges that the EO is not clear, precise or foreseeable in its application, as it can be amended at any time by the US President; is therefore concerned about the absence of a sunset clause which could provide that the decision would automatically expire four years after its entry into forcecan be amended by the US President; expects therefore the Commission to suspend the decision, in case the President decides to restrict the safeguards included in the EO; notes that the review of the adequacy finding will take place after one year from the date of the notification of the adequacy decision to the Member States and subsequently at least every four years; calls on the Commission to carry out the subsequent reviews at least every three years, as requested by the EDPB in its opinion;
Amendment 84 #
2023/2501(RSP)
Paragraph 11
Amendment 91 #
2023/2501(RSP)
Paragraph 11 a (new)
11 a. Calls on the Commission to assure EU businesses and citizens that the adequacy decision will provide a solid, sufficient and future-oriented legal basis for EU-US data transfers; underlines the importance of making sure that this adequacy decision will be deemed acceptable if reviewed by the CJEU and stresses that recommendations made in the EDPB opinion should therefore be taken on board;
Amendment 7 #
2023/2121(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to the Commission communication of 30 June 2021 on long- term Vision for the EU's Rural Areas - Towards stronger, connected, resilient and prosperous rural areas by 2040 (COM/2021/345)
Amendment 11 #
2023/2121(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
– having regard to its resolution of 15 September 2022 on EU border regions: living labs of European integration14a _________________ 14a OJ C 125, 5.4.2023, p. 114–123
Amendment 89 #
2023/2121(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Insists that due to its regional focus, strategic planning and effective implementation model , cohesion policy should remain the EU’s main instrument for reducing disparities and stimulating regional growth and continue to be a key contributor to supporting recovery from symmetric and asymmetric shocks; calls for a clear demarcation between cohesion policy and other instruments in order to avoid overlaps and competition between EU instruments; believes that there must be an increase in the overall cohesion budget and in the MFF’s share of the policy compared to the 2021-2027 programming period; insists that all European regions remain eligible for funding in the future;
Amendment 122 #
2023/2121(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls for the restoration, under the Common Provisions Regulations, of the Rural Development Fund; such a fund should be managed regionally or with decisive regional participation, placing greater emphasis than before on structural policy measures in sparsely populated areas;
Amendment 170 #
2023/2121(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for cohesion policy to include a stronger urban dimension through designated investments in urban areas as well as stronger links between urban and rural projects and investments; calls for the proportion of national ERDF allocations for urban development to be increased from 8 % to 12 %; calls on the Member States to ensure that small urban authorities are also able to access the 12 % of ERDF funds at national level dedicated to financing sustainable and integrated urban development projects; calls for this funding to be co-programmed with local authorities and for their benefit; underlines in this context that administrative capacity is essential for ensuring that managing bodies and local authorities acquire technical knowledge on climate change which they can use for urban planning and urban management; is convinced that this will lead to better design and evaluation of project proposals, more effective allocation of resources and satisfactory budgetary implementation without significant risk of decommitments; acknowledges that integrated territorial investments have a fundamental role in quality implementation and absorption of resources;
Amendment 178 #
2023/2121(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. calls for the establishment of a genuine structural policy for rural areas that meets the respective challenges in terms of its thematic objectives; points out that the distribution of funding between urban and rural areas ("EU Cohesion Policy in non-urban areas", Study requested by the REGI committee, PE 652.210 - September 2020) by no means meets the objective of Art. 174 TFEU; believes that funding should benefit both urban and rural areas in a balanced way;
Amendment 205 #
2023/2121(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses that disproportionate burdens, such as the inherent structural disadvantages faced by all border regions should be compensated with a separate regime for regional aid designed specifically for border regions; demands that 0,26% of the EU’s cohesion policy budget shall be reserved exclusively for the development of border regions at the beginning of every new programming period, starting with the period 2028-2034 (=“Borderland Billion”); Suggests that the “Borderland Billion” is to be entrusted directly to the European Groupings of Territorial Cooperation (EGTCs), who are to be tasked with its independent management and distribution among projects;
Amendment 224 #
2023/2121(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. calls for a promotion of territorial development strategies (CLLD/ITI), where necessary through mandatory use, in order to involve the levels of governance closest to citizens in the planning, consultation, implementation and management of the funds;
Amendment 254 #
2023/2121(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Welcomes the European Commission's decision to extend the validity of the Code of Conduct for Partnerships under the European Structural and Investment Funds (Delegated Regulation No 240/2014); believes that these guidelines contribute significantly to better involvement of local authorities, but should be revised in the future to improve effectiveness and ensure even greater involvement of partners to promote place-based actions;
Amendment 5 #
2023/2087(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 13 #
2023/2087(INI)
Motion for a resolution
Recital C
Recital C
C. whereas according to Regulation 2019/1896, cooperation with third countries is an important element of European integrated border management and it should serve to promote European border management and return standards, to exchange information and risk analysis, and to facilitate the implementation of returns with a view to increasing their efficiency,1c whereas in which the Commission recommends that the Council authorise it to negotiate a status agreement, it should asses the fundamental rights situation relevant to the areas covered by the status agreement; whereas such an assessment has not been performed yet; _________________ 1c Recital 87 of Regulation (EU) 2019/1896
Amendment 14 #
2023/2087(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Whereas the Model Status Agreement referred to in Article 76(1) of Regulation 2019/1896 is to serve as the basis for the Commission’s negotiations with Mauritania; whereas it establishes a framework for the cooperation between the Agency and its teams on the one hand and the competent authorities of the third country concerned on the other and it should therefore be considered as an umbrella under which several actions could be carried out; whereas it should set out among others the scope of operation, criminal and civil liability, tasks and powers of members of the team ; whereas it shall ensure that fundamental rights are fully respected during those operations and shall provide for a complaints mechanism;1ca _________________ 1ca Article 73 of Regulation (EU) 2019/1896
Amendment 21 #
2023/2087(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas Mauritania is primarily a transit and destination country for migration from other West African countries (Senegal, Mali, Guinea, and Guinea Bissau); whereas in last two years there has been a substantial increase in a number of people travelling along the Mauritanian coast to take the Canary Islands migration route; whereas according to the Spanish Commission for Refugee Aid (“CEAR”) route through Mauritania is one of the deadliest in the world, and 2021 marked the highest number of deaths and missing people since data is available; whereas according to the Spanish Ministry of Interior the collaboration that the authorities provide to the detachments of the National Police and the Civil Guard deployed in the area prevent 40 percent of the departures of irregular immigrants to the Canary Islands at the source;
Amendment 30 #
2023/2087(INI)
Motion for a resolution
Recital E
Recital E
E. wWhereas Mauritania has no national legal asylum system in place; whereas the Office of the United Nations High Commissioner for Refugees (UNHCR) grants de facto protection with the issuance of refugee cards and certificates on the basis of a memorandum with the authorities; whereas people deemed ineligible for protection are structurally deported by the authorities without further procedure; whereas this has included deportations of people whossigned the 1951 Convention relating to the Status of Refugees, its 1967 Protocol and the 1969 OAU Refugee Convention; whereas despite remarkable progress which has been made in migration and asylum legislation Mauritania has no asylum law in place; whereas in the absence of such system UNHCR conducts registration and mandate refugee status determination (RSD) and other protection activities on the cbaseis have not been assessed by the UNHCRof a Memorandum of Understanding with the authorities; whereas Mauritania’s current legal framework does not allow for effective protection of women and children, or of LGBTIQ+ persons; whereas same-sex activity is illegal in Mauritania;
Amendment 44 #
2023/2087(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas the Mauritanian authorities are receiving bilateral border management support from the Spanish authorities since 2006 in an advisory capacity only, including through the physical deployment of the Guardia civil and Spanish Gendarmerie; whereas Frontex would be the first non- Mauritanian actor where its deployed team members would allow for exercising executive powers at the border of the country as agreed in a dedicated operational plan;
Amendment 49 #
2023/2087(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its deep concern about the situation of fundamental rights in Mauritania, particularespecially for migrants and refugees, and considers that the deployment of Frontex executive powers in Mauritania entails a high rpossible conclusion of a Status Agreement between the EU and Mauritania providing for the exerciske of becoming complicit in serious and most likely persistentexecutive powers would entail a high risk of violations of fundamental rights or international protection obligations that are of a serious nature and are likely to persist;
Amendment 66 #
2023/2087(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that iprovisions of the Model Status Agreement falls short tof addressing the above-mentioned concerns, this and could lead to accountability gaps, in the event of fundamental rights violations being committed either by the third country’'s authorities and/or by Frontex’s deployed personnel; ;2a _________________ 2a As the focus is on “accountability gaps”, this point should be specifically addressed to the relevant Mauritanian authorities. In line with the EBCG Regulation, Frontex has in place specific fundamental rights tools that would allow for possible fundamental rights violations committed by its deployed team members to be addressed without undue delay.
Amendment 76 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point a a (new)
Paragraph 3 – point 3.1 – point a a (new)
aa. Refrain from including specific provisions allowing for the agreement to be provisionally applied before the European Parliament assesses whether to give its consent to the agreement.
Amendment 79 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point b
Paragraph 3 – point 3.1 – point b
Amendment 84 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point c
Paragraph 3 – point 3.1 – point c
c. enshrine sufficient internal and external mechanisms for non-EU individuals to direct complaints towards the Agency, in line with the recommendations of the EU Ombudsman; Ensure with necessary provisions that the relevant Mauritanian authorities set up an independent and effective complaints mechanism in accordance with the complaints mechanism as established by Frontex in line with Article 111 of Regulation 2019/1896. Asks the Agency to continue pursuing the development of its complaints mechanism, including in light of the recommendations of the European Ombudsman;3ca _________________ 3ca As the Agency already has set up an independent and effective complaints mechanism, it is important to highlight that the relevant Mauritanian authorities should do the same. Frontex should also continue its work to further develop its complaints mechanism.
Amendment 92 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point e
Paragraph 3 – point 3.1 – point e
e. Similar to the Frontex Fundamental Rights Officer’s fundamental rights assessment prior to the launching of any Joint Operation on the territory of a third country, perform ex ante fundamental rights impact assessments before engaging in negotiations with third countries on the conclusion of Status Agreements, in order to be able to fully consider the impact of the potential cooperation and to negotiate on the necessary safeguards; 3e _________________ 3e The proposed amendment highlights the good practice established by Frontex and its independent Fundamental Rights Officer prior to launch of any Joint Operation on the territory of a third country.
Amendment 96 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point e a (new)
Paragraph 3 – point 3.1 – point e a (new)
Amendment 106 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point a
Paragraph 3 – point 3.2 – point a
a. formalise the role of the Fundamental Rights Officer (FRO) when deciding whetheContinue to actively consult the FRO prior to the launch aing of any joint operation ion the territory of a third country covered by the Status Agreement, and treat the FRO’s opinion as binding; in line with the requirements of the EBCG Regulation;32a _________________ 32a Frontex already consults with the FRO prior to the launch of any joint operation on the territory of a third country. In addition, it is important that this INI report is in line with the requirements and obligations set on Frontex by the EBCG Regulation.
Amendment 116 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i
Paragraph 3 – point 3.2 – point b – point i
i. enshrine a formal mechanism for persons (in)directly affected or acting in the public interest, including third country nationals, to address complaints to the Agency about actions ofInclude specific strong provisions on the complaints mechanism, including on how complaints are to be addressed to the Agency or the relevant Mauritanian authorities for actions performed by deployed staff in or host staff of the third country, and includeing clear provisions on the follow-up and tools of enforcement after complaints are lodged; 32b _________________ 32b The proposed amendment keeps the obligation to have strong provisions on the complaints mechanism in the operational plan and widening the scope to both the Agency but also to the relevant Mauritanian authorities in line with the Model Status Agreement.
Amendment 126 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point b – point ii
Paragraph 3 – point 3.2 – point b – point ii
ii. ensure aPursue Frontex presence in critical areas where the apprehension of migrants is likely to take place, and envisage giving the FRO and Fundamental Rights Monitors full accesseek full access to the FRO and FRMs to the operational area;
Amendment 131 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point c
Paragraph 3 – point 3.2 – point c
Amendment 136 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point d
Paragraph 3 – point 3.2 – point d
d. eExplore and establish mechanisms for persons potwhere fundamentially affect rights violations are alleged by the Agency’s action on the territory of the third country to effectively seek remedy through external bodies, such as the Ombudsman, the Court of Justice of the European Union or a different entity; independent actors, such as the Fundamental Rights Officer;32d _________________ 32d he proposed amendment proposes the FRO to take the role of independent actor in case of fundamental rights violations by the Agency, who could then indicate other independent actors for further handling should this be relevant.
Amendment 143 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point e
Paragraph 3 – point 3.2 – point e
e. provide fundamental rights training to the authorities as a core component of executive operations in third countries, including with regard to SAR obligations, and workIn parallel to the implementation of the Status Agreement, Frontex is to provide fundamental rights training to the relevant Mauritanian authorities, including with regard to SAR obligations;32e _________________ 32e A Status Agreement only serves as the legal basis for Frontex to launch a Joint Operation with executive powers on the territory of a third country, as agreed with the third country concerned. Frontex is able to conduct capacity building activities, within its mandate (thus not on the improvement of the asylum system; ), based on other cooperation tools.
Amendment 50 #
2023/0232(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Soil is a vital, limited, non- renewable and irreplaceable resource that is crucial for the economy, the environment, food security and the society.
Amendment 56 #
2023/0232(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Healthy soils are in good chemical, biological and physical condition so that they can provide ecosystem services that are vital to humans and the environment, such as safe, nutritious and sufficient food, biomass, clean water, nutrients cycling, carbon storage and a habitat for biodiversity. However, 60 to 70 % of the soils in the Union are deteriorated and continue to deteriorate.
Amendment 82 #
2023/0232(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Commission’s Communication on safeguarding food security and reinforcing the resilience of food systems47 stressed that food sustainability is fundamental for food security. Healthy soils make the Union food system more resilient by providing the basis for nutritious and sufficient food. The Common Agricultural Policy provides a harmonised framework to ensure food supply security. __________________ 47 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Safeguarding food security and reinforcing the resilience of food systems, COM (2022) 133 final.
Amendment 91 #
2023/0232(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Soils host more than 25% of all biodiversity and are the second largest carbon pool of the planet. Due to their ability to capture and store carbon, healthy soils contribute to the achievement of the Union’s objectives on climate change. Healthy soils also provide a favourable habitat for organisms to thrive and are crucial for enhancing biodiversity and the stability of ecosystems. Biodiversity below and above ground are intimately connected and interact through mutualistic relationships (e.g. mycorrhizal fungi that connect plant roots).
Amendment 96 #
2023/0232(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Soil degradation impacts fertility, yields, pest resistance and nutritional food quality. Since 95 % of our food is directly or indirectly produced on soils and the global population continues to increase, it is key that this finite natural resource remains healthy to ensure food security in the long-term and secure the productivity and profitability of Union agriculture. Sustainable soil management practices, as laid down in the Common Agricultural Policy, maintain or enhance soil health and contribute to the sustainability and resilience of the food system.
Amendment 101 #
2023/0232(COD)
Proposal for a directive
Recital 23
Recital 23
(23) The long-term objective of the Directive is to achieve healthy soils by 2050. As an intermediate step, in light of the limited knowledge about the condition of soils and about the effectiveness and costs of the measures to regenerate their health, the directive takes a staged approach. In the first stage the focus will be on setting up the soil monitoring framework and assessing the situation of soils throughout the EU. It also includes requirements to lay down measures to manage soils sustainably and regenerate unhealthy soils once their condition is established, but without imposing an obligation to achieve healthy soils by 2050 neither intermediate targets. This proportionate approach will allow sustainable soil management and regeneration of unhealthy soils to be well prepared, incentivised and set in motion. In a second stage, as soon as the results of the first assessment of soils and trends analysis are available, the Commission will take stock of the progress towards the 2050 objective and the experience thereof, and will propose a review of the directive if necessary to accelerate progress towards 2050.
Amendment 120 #
2023/0232(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 128 #
2023/0232(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Soil is a vital, limited, non- renewable and irreplaceable resource that is crucial for the economy, the environment, food security and the society.
Amendment 130 #
2023/0232(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Healthy soils are in good chemical, biological and physical condition so that they can provide ecosystem services that are vital to humans and the environment, such as safe, nutritious and sufficient food, biomass, clean water, nutrients cycling, carbon storage and a habitat for biodiversity. However, 60 to 70 % of the soils in the Union are deteriorated and continue to deteriorate.
Amendment 133 #
2023/0232(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Commission’s Communication on safeguarding food security and reinforcing the resilience of food systems47 stressed that food sustainability is fundamental for food security. Healthy soils make the Union food system more resilient by providing the basis for nutritious and sufficient food. The Common Agricultural Policy provides a harmonised framework to ensure food supply security. _________________ 47 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Safeguarding food security and reinforcing the resilience of food systems, COM (2022) 133 final.
Amendment 134 #
2023/0232(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 136 #
2023/0232(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 137 #
2023/0232(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Soils host more than 25% of all biodiversity and are the second largest carbon pool of the planet. Due to their ability to capture and store carbon, healthy soils contribute to the achievement of the Union’s objectives on climate change. Healthy soils also provide a favourable habitat for organisms to thrive and are crucial for enhancing biodiversity and the stability of ecosystems. Biodiversity below and above ground are intimately connected and interact through mutualistic relationships (e.g. mycorrhizal fungi that connect plant roots).
Amendment 139 #
2023/0232(COD)
Proposal for a directive
Recital 37
Recital 37
Amendment 143 #
2023/0232(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Soil degradation impacts fertility, yields, pest resistance and nutritional food quality. Since 95 % of our food is directly or indirectly produced on soils and the global population continues to increase, it is key that this finite natural resource remains healthy to ensure food security in the long-term and secure the productivity and profitability of Union agriculture. Sustainable soil management practices, as laid down in the Common Agricultural Policy, maintain or enhance soil health and contribute to the sustainability and resilience of the food system.
Amendment 146 #
2023/0232(COD)
Proposal for a directive
Recital 23
Recital 23
(23) The long-term objective of the Directive is to achieve healthy soils by 2050. As an intermediate step, in light of the limited knowledge about the condition of soils and about the effectiveness and costs of the measures to regenerate their health, the directive takes a staged approach. In the first stage the focus will be on setting up the soil monitoring framework and assessing the situation of soils throughout the EU. It also includes requirements to lay down measures to manage soils sustainably and regenerate unhealthy soils once their condition is established, but without imposing an obligation to achieve healthy soils by 2050 neither intermediate targets. This proportionate approach will allow sustainable soil management and regeneration of unhealthy soils to be well prepared, incentivised and set in motion. In a second stage, as soon as the results of the first assessment of soils and trends analysis are available, the Commission will take stock of the progress towards the 2050 objective and the experience thereof, and will propose a review of the directive if necessary to accelerate progress towards 2050.
Amendment 160 #
2023/0232(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 161 #
2023/0232(COD)
Proposal for a directive
Recital 48
Recital 48
Amendment 163 #
2023/0232(COD)
Proposal for a directive
Recital 49
Recital 49
Amendment 165 #
2023/0232(COD)
Proposal for a directive
Recital 50
Recital 50
Amendment 171 #
2023/0232(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 173 #
2023/0232(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 178 #
2023/0232(COD)
Proposal for a directive
Recital 37
Recital 37
Amendment 180 #
2023/0232(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The objective of the Directive is to put in place a solid and coherent soil monitoring framework for all soils across the EU and to continuously improve soil health in the Union with the view to achieve healthy soils by 2050 and maintain soils in healthy condition, considering technical feasibility and economic proportionality, and maintain soils in healthy condition, while taking into account all sol functions, so that they can supply multiple ecosystem services and fulfil as well its utilisation functions at a scale sufficient to meet equally environmental, societal and economic needs, prevent and mitigate the impacts of climate change and biodiversity loss, increase the resilience against natural disasters and for food security and that soil contamination is reduced to levels no longer considered harmful to human health and the environment.
Amendment 182 #
2023/0232(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
(1) The objective of the Directive is to put in place a solid and coherent soil monitoring framework for all soils across the EU and to continuously improve soil health in the Union with the view to achieve healthy soils by 2050 and maintain soils in healthy condition, taking account of technical feasibility and economic proportionality, so that they can supply multiple ecosystem services at a scale sufficient to meet environmental, societal and economic needs, prevent and mitigate the impacts of climate change and biodiversity loss, increase the resilience against natural disasters and for food security and that soil contamination is reduced to levels no longer considered harmful to human health and the environment.
Amendment 192 #
2023/0232(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all soils in the territory of Member States. This Directive shall not apply to activities or installations that are already subject to other specific national legislations insofar as these already cover issues of soil protection, soil monitoring, soil resilience or soil remediation.
Amendment 193 #
2023/0232(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all soils in the territory of Member States with the exception of soils subject to Regulations (EU) 2021/2115, (EU) 2021/2116, (EU) 2021/2117 of the European Parliament and of the Council and acts based on those Regulations.
Amendment 195 #
2023/0232(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘soil’ means the top layer ofrooting zone of plants in the Earth’s crust situated between the bedrock and the land surface, which is composed of mineral particles, organic matter, waterliquid components, air and living organisms, excluding groundwater, aquifers, water beds and raw material deposits;
Amendment 199 #
2023/0232(COD)
Proposal for a directive
Recital 48
Recital 48
Amendment 204 #
2023/0232(COD)
Proposal for a directive
Recital 49
Recital 49
Amendment 205 #
2023/0232(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services, and its ability to produce, taking into consideration the land use and its purpose;
Amendment 207 #
2023/0232(COD)
Proposal for a directive
Recital 50
Recital 50
Amendment 207 #
2023/0232(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
4. ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services, taking account of land use and the purpose thereof;
Amendment 217 #
2023/0232(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4a) “Heavily modified soils” means soils where the provision of ecosystem services is almost completely hampered to such a degree that it is almost impossible to restore.
Amendment 218 #
2023/0232(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The objective of the Directive is to put in place a solid and coherent soil monitoring framework for all soils across the EU and to continuously improve soil health in the Union with the view to achieve healthy soils by 2050 and maintain soils in healthy condition, taking into account technical feasibility and economic proportionality, so that they can supply multiple ecosystem services at a scale sufficient to meet environmental, societal and economic needs, prevent and mitigate the impacts of climate change and biodiversity loss, increase the resilience against natural disasters and for food security and that soil contamination is reduced to levels no longer considered harmful to human health and the environment.
Amendment 239 #
2023/0232(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all soils in the territory of Member States with the exception of soils subject to Regulations (EU) 2021/2115, (EU) 2021/2116, (EU) 2021/2117 of the European Parliament and of the Council and acts based on those Regulations.
Amendment 250 #
2023/0232(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services; , taking account of land use and the purpose thereof;
Amendment 262 #
2023/0232(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 292 #
2023/0232(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 296 #
2023/0232(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall, subject to agreement from Member States concerned, carry out regular soil measurements on soil samples taken in-situ, based on the relevant descriptors and methodologies referred to in Articles 7 and 8, to support Member States’ monitoring of soil health. Where a Member State provides agreement in accordance with this paragraph, it shall ensure that the Commission can carry out such in-situ soil sampling only with the express permission of the landowner and land manager.
Amendment 298 #
2023/0232(COD)
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 301 #
2023/0232(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 302 #
2023/0232(COD)
Proposal for a directive
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 307 #
2023/0232(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 315 #
2023/0232(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 323 #
2023/0232(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall determine sampling points by applying the methodology set out in part A of Annex II taking into account risk assessments based on existing monitoring systems.
Amendment 326 #
2023/0232(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point b
Article 8 – paragraph 3 – subparagraph 1 – point b
Amendment 331 #
2023/0232(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
Member States shall ensure that new soil measurements are performed at least every 510 years.
Amendment 332 #
2023/0232(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Amendment 335 #
2023/0232(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 338 #
2023/0232(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 345 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 3
Article 9 – paragraph 1 – subparagraph 3
Member States shall ensure that soil health assessments are performed at least every 510 years and that the first soil health assessment is performed by … (OP: please insert the date = 510 years after date of entry into force of the Directive).
Amendment 347 #
2023/0232(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 349 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 – introductory part
Article 9 – paragraph 2 – subparagraph 1 – introductory part
Amendment 359 #
2023/0232(COD)
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 360 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 a (new)
Article 9 – paragraph 2 – subparagraph 2 a (new)
By way of derogation, artificial and heavily modified soils, as defined within Article 3, shall be excluded from meeting the conditions for healthy soils as referred to in paragraph 2 of this Article.
Amendment 361 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 a (new)
Article 9 – paragraph 2 – subparagraph 2 a (new)
By way of derogation from the subparagraph 1, soils shall also be considered healthy if individual values do not fulfil the established criteria due to the natural heterogeneity of the soils or natural influences.
Amendment 365 #
2023/0232(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 365 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Amendment 366 #
2023/0232(COD)
Proposal for a directive
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 366 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Soil is unhealthy where at least one of the criteria referred to in subparagraph 1 is not met (‘unhealthy soil’) and this is not attributable to the natural heterogeneity of the soils or natural influences.
Amendment 381 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Amendment 382 #
2023/0232(COD)
Amendment 391 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
Amendment 392 #
2023/0232(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point b
Article 8 – paragraph 3 – subparagraph 1 – point b
Amendment 398 #
2023/0232(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
Member States shall ensure that new soil measurements are performed at least every 510 years.
Amendment 398 #
2023/0232(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 402 #
2023/0232(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Amendment 404 #
2023/0232(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 409 #
2023/0232(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – point a
Article 10 – paragraph 1 – subparagraph 1 – point a
(a) defining sustainable soil management practices respecting the sustainable soil management principles listed in Annex III to be gradually implemented on all managed soils and, on the basis of the outcome of the soil assessments carried out in accordance with Article 9, regeneration practices to be gradually implemented in situations where soil is unhealthy, and insofar as the intended type of land use is unaffected, on the unhealthy soils concerned in the Member States;
Amendment 418 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 3
Article 9 – paragraph 1 – subparagraph 3
Member States shall ensure that soil health assessments are performed at least every 5ten years and that the first soil health assessment is performed by … (OP: please insert the date = 5ten years after date of entry into force of the Directive).
Amendment 436 #
2023/0232(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 3
Article 10 – paragraph 1 – subparagraph 3
Member States shall duly categorise the practices and measures referred to in this paragraph with regard to the intended type of land use. Member States shall identify synergies with the programmes, plans and measures set out in Annex IV. The soil health monitoring data, the results of the soil health assessments, the analysis referred to in Article 9 and the sustainable soil management measures shall inform the development of the programmes, plans and measures set out in Annex IV.
Amendment 440 #
2023/0232(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 4
Article 10 – paragraph 1 – subparagraph 4
Member States shall ensure that the process of elaboration of the practices referred to in the first subparagraph is open, inclusive and effective and that the public concerned, in particular landowners and managers, are involved and are given early and effective opportunities to participate in their elaboration.
Amendment 444 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 a (new)
Article 9 – paragraph 2 – subparagraph 2 a (new)
By way of derogation from subparagraph 1, soils shall also be considered healthy if individual values do not fulfil the established criteria due to the natural heterogeneity of the soils or natural influences;
Amendment 450 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Soil is unhealthy where at least one of the criteria referred to in subparagraph 1 is not met (‘unhealthy soil’) and this is not attributable to the natural heterogeneity of the soils or natural influences.
Amendment 453 #
2023/0232(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 470 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 481 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
Amendment 489 #
2023/0232(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 504 #
2023/0232(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Member States shall lay down a mandatory conservation requirement for agricultural and forest land to secure the supply of food, feed and renewable raw materials and in the interest of the bioeconomy;
Amendment 506 #
2023/0232(COD)
Proposal for a directive
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
Member States shall take all necessary measures to achieve net zero in the use of agricultural and forest land for settlement or transport measures in 2030.
Amendment 511 #
2023/0232(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) Member States shall manage the risks for human health and the environment of potentially contaminated sites and contaminated sites, and keep them to acceptable levels, taking account of the environmental, social and economic impacts of the soil contamination and of the risk reduction measures taken pursuant to Article 15 paragraph 4. Human health risk assessments should always be based on type of land use.
Amendment 513 #
2023/0232(COD)
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Additional funding shall be provided to finance implementation of risk reduction measures of potentially contaminated sites and contaminated sites, and to compensate the losses of farmers who are not responsible for soil contamination”.
Amendment 514 #
2023/0232(COD)
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
Amendment 517 #
2023/0232(COD)
Proposal for a directive
Article 12 – paragraph 4 – point c
Article 12 – paragraph 4 – point c
Amendment 523 #
2023/0232(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
(1) Member States shall systematically and actively identify all sites where a soil contamination is suspected based on evidence collected through all available meanppropriate means and set procedures (‘potentially contaminated sites’).
Amendment 524 #
2023/0232(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 526 #
2023/0232(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1 – point d
Article 13 – paragraph 2 – subparagraph 1 – point d
Amendment 531 #
2023/0232(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
(1) Member States shall ensure that all potentially contaminated sites identified in accordance with Article 13 are subject to soil investigation, where appropriate and in order of priorities.
Amendment 535 #
2023/0232(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 539 #
2023/0232(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
(3) For each contaminated site identified pursuant to Article 14 or by any other means, the responsible competent authority shall carry out a site-specific assessment for the current and planned land uses to determine whether the contaminated site poses unacceptable risks for human health or the environment. Member States may, where appropriate, consider assessments carried out in accordance with Directive 2011/92/EU and/or Directive 2010/75/EU and/or Directive 2012/18/EU sufficient.
Amendment 543 #
2023/0232(COD)
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
(5) The risk reduction measures may consist of the measures referred to in Annex V. When deciding on the appropriate risk reduction measures, the competent authority shall take into consideration the costs, benefits, effectiveness, durability, and technical feasibility of available risk reduction measures. The competent authority shall also take into account the measures already implemented or planned under Directive 2012/18/EU and/or Directive 2010/75/EU.
Amendment 545 #
2023/0232(COD)
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5a. Upon assessment of the risk and risk remediation measures as referred to in the previous paragraph, the competent authority shall assess the impact of those measures on productive agricultural, forestry, or horticultural soils and their conventional and organic practices.
Amendment 547 #
2023/0232(COD)
Proposal for a directive
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
5b. The competent authorities shall ensure that all risk remediation and risk reduction measures which could take place on agricultural, forestry, or horticultural carry the full financial burden of implementation, as well as potential financial losses from the disturbing of permanent crops, removal of inputs listed in the contaminants list from active practice, and the potential loss in land value from identification and registration of a land plot as contaminated.
Amendment 549 #
2023/0232(COD)
Proposal for a directive
Article 16
Article 16
Amendment 554 #
2023/0232(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Given the priority inherently attached to the establishment of soil monitoring and sustainable management and regeneration of soils, the implementation of this Directive shall be supported by existing Union financial programmes in accordance with their applicable rules and conditions, as well as from national financing.
Amendment 564 #
2023/0232(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
The Member States shall lay down a mandatory conservation requirement for agricultural and forest land to secure the supply of food, feed and renewable raw materials and in the interest of the bioeconomy;
Amendment 566 #
2023/0232(COD)
Proposal for a directive
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
Amendment 568 #
2023/0232(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c – point i
Article 18 – paragraph 1 – subparagraph 1 – point c – point i
Amendment 571 #
2023/0232(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c – point ii
Article 18 – paragraph 1 – subparagraph 1 – point c – point ii
Amendment 574 #
2023/0232(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point d
Article 18 – paragraph 1 – subparagraph 1 – point d
Amendment 575 #
2023/0232(COD)
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
Amendment 575 #
2023/0232(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
The first reports shall be submitted by … (OP: please insert date = 510 years and 6 months after entry into force of the Directive).
Amendment 576 #
2023/0232(COD)
Proposal for a directive
Article 18 – paragraph 3 – point c
Article 18 – paragraph 3 – point c
Amendment 579 #
2023/0232(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall make public the data generated by the monitoring carried out under Article 8 and the assessment carried out under Article 9 of this Directive accessible to the public only with the express permission of the landowner and land manager and in an aggregated and anonymized form, in accordance with the provisions under Article 11 of Directive 2007/2/EC of the European Parliament and of the Council80 for geographically explicit data and Article 5 of Directive (EU) 2019/1024 for other data. __________________ 80 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).
Amendment 584 #
2023/0232(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 584 #
2023/0232(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission shall ensure that soil health data made accessible through the digital soil health data portal referred to in Article 6 is available to the public only with the express permission of the landowner and land manager and in an aggregated and anonymised form in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council81 and Regulation (EC) No 1367/2006 of the European Parliament and of the Council82 . __________________ 81 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 82 Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).
Amendment 586 #
2023/0232(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Member States shall ensure that the information referred to in Article 18 of this Directive is available and accessible to the public only with the express permission of the landowner and land manager and in an aggregated and anonymized form in accordance with Directive 2003/4/EC, Directive 2007/2/EC and Directive (EU) 2019/1024 of the Parliament and of the Council83 . __________________ 83 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
Amendment 588 #
2023/0232(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1 – point d
Article 13 – paragraph 2 – subparagraph 1 – point d
Amendment 596 #
2023/0232(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 603 #
2023/0232(COD)
Proposal for a directive
Article 22
Article 22
Amendment 609 #
2023/0232(COD)
Proposal for a directive
Article 23
Article 23
Amendment 610 #
2023/0232(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. For each contaminated site identified pursuant to Article 14 or by any other means, the responsible competent authority shall carry out a site-specific assessment for the current and planned land uses to determine whether the contaminated site poses unacceptable risks for human health or the environment. Member States may, where appropriate, consider assessments carried out in accordance with Directive 2011/92/EU and/or Directive 2010/75/EU and/or Directive 2012/18/EU as sufficient.
Amendment 615 #
2023/0232(COD)
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 619 #
2023/0232(COD)
Proposal for a directive
Article 16
Article 16
Amendment 619 #
2023/0232(COD)
Proposal for a directive
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
(1) By (OP :please insert the date = 610 years after the date of entry into force of the Directive), the Commission shall carry out an evaluation of this Directive to assess the progress towards its objectives and the need to amend its provisions in order to set more specific requirements to ensure that unhealthy soils are regenerated and that all soils will be healthy by 2050. This evaluation shall take into account, inter alia, the following elements:
Amendment 637 #
2023/0232(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c – point i
Article 18 – paragraph 1 – subparagraph 1 – point c – point i
Amendment 639 #
2023/0232(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c – point ii
Article 18 – paragraph 1 – subparagraph 1 – point c – point ii
Amendment 642 #
2023/0232(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point d
Article 18 – paragraph 1 – subparagraph 1 – point d
Amendment 643 #
2023/0232(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
The first reports shall be submitted by … (OP: please insert date = 510 years and 6 months after entry into force of the Directive).
Amendment 647 #
2023/0232(COD)
Proposal for a directive
Article 18 – paragraph 3 – point c
Article 18 – paragraph 3 – point c
Amendment 656 #
Amendment 697 #
2023/0232(COD)
Proposal for a directive
Annex IV
Annex IV
Amendment 702 #
2023/0232(COD)
Proposal for a directive
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
Amendment 724 #
Amendment 747 #
2023/0232(COD)
Proposal for a directive
Annex IV
Annex IV
Amendment 65 #
2023/0226(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Category 1 NGT plants and products should not be subject to the rules and requirements of the Union GMO legislation and to provisions in other Union legislation that apply to GMOs. For legal certainty for operators and transparency, a declaration of the category 1 NGT plant status should be obtained prior to deliberate release, including the placing on the market. NGT plants that could also occur naturally or be produced by conventional breeding techniques and their progeny obtained by conventional breeding techniques (‘category 1 NGT plants’) should be treated as plants that have occurred naturally or have been produced by conventional breeding techniques. The biological material of plant breeding, which may also occur in nature, must be widely available for plant breeding. Category 1 plants, their derived seed, their plant material, associated genetic material such as genes and gene sequences, and plant traits should be excluded from patentability.
Amendment 145 #
2023/0226(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) For reasons of proportionality, after a first renewal of the authorisation, the authorisation should be valid for an unlimited period, unless decided differently at the time of that renewal based on the risk assessment and the available information on the NGT plant concerned, subject to reassessment when new information has become availableAfter successful authorisation of a NGT-plant based on scientific criteria, the authorisation should be valid for an unlimited period.
Amendment 266 #
2023/0226(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(1a) Category 1 NGT plants are subject to the same legal framework as conventionally bred plants, in particular with regard to plant breeders’ rights and to self-propagation;
Amendment 289 #
2023/0226(COD)
3 a. By way of derogation, category 1 plants and their derived seeds cannot be patented.
Amendment 397 #
2023/0226(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 15 #
2023/0143(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To ensure the optimal preservation of the data while reducing the administrative burden for the competent authorities, the procedure governing the retention of personal data in the CIS should be simplified by removing the obligation to review data annually and by setting as a general rule a maximum retention period of five years which can be increased, subject to justification, by an additional period of two years. That retention period is necessary and proportionate in view of the typical length of criminal proceedings and the need for the data for the conduct of joint customs operations and of investigations.
Amendment 23 #
2023/0143(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 7 – paragraph 3 2009/917/JHA
3. Notwithstanding paragraphs 1 and 2, the Council may exceptionally, by a unanimous decision and after consultation of the European Data Protection Board, permit access to the Customs Information System by international or regional organisations, provided that both of the following conditions are met:
Amendment 27 #
2023/0143(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Article 14 2009/917/JHA
Personal data entered into the Customs Information System shall be kept only for the time necessary to achieve the aim stated in Article 1(2) and may as a general rule not be retained for more than five years. However, exceptionally, that data may be kept for an additional period of at most two years, where and insofar as a strict need to do so in order to achieve that aim is established in an individual case.
Amendment 70 #
2022/2183(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas prices on global agricultural markets had already risen prior to the Russian invasion of Ukraine, partly due to climate impacts and the effects of the COVID-19 pandemic;
Amendment 73 #
2022/2183(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, according to the FAO, the concept of food security is not limited to the provision of food, but also encompasses the internationally recognised human right to food and access to healthy diets for all, yet no human right is so frequently violated; whereas a nutrition- sensitive transformation of agriculture and food systems will enable safe, affordable and nutritious food to be made available to people of all ages at all times;
Amendment 83 #
2022/2183(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas healthy and balanced nutrition makes a positive difference to the lives of individuals and enables the equitable and sustainable development of society;
Amendment 116 #
2022/2183(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 119 #
2022/2183(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas the World Organisation for Animal Health (OIE) estimates that around 20% of global production of food is lost due to diseases in farmed animals, while reducing the incidence of these diseases is therefore one of the priorities to be considered in order to feed the world;
Amendment 130 #
2022/2183(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the future food security of the European Union is directly linked to the ambitions of the Farm to Fork Strategy and the Green Deal; whereas the cumulative effect of Green Deal related legislation must not lead to a decline in EU food production or to increase in dependence on imports from third countries that could jeopardise food security in the EU;
Amendment 180 #
2022/2183(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the current geopolitical challenges proves that food security is not a permanent achievement and that European food production should be considered as a strategic sector and should be preserved and strengthened in this respect as well;
Amendment 275 #
2022/2183(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the European Green Deal could be a milestone in the EU transition to a greener and more sustainable economy, while pointing out that many of the resulting measures might have adverse effects, which have not yet been properly assessed, on EU farms and food security; calls on the Commission to carry out a comprehensive assessment of the cumulative impact of Green Deal legislative proposals on the EU farming sector; calls on the Commission to reconsider the ambitious targets, if necessary, with a view to ensuring food and nutrition security;
Amendment 292 #
2022/2183(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Emphasizes that the EU is a climatically and agriculturally favoured productive location, which should become aware of its responsibility not only to ensure its own food supply, but also to contribute to fighting hunger in other disadvantaged parts of the world;
Amendment 297 #
2022/2183(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes that due to increasing urbanization and global population growth there is an enormous reduction of land available for agriculture, and that it is possible to produce significantly more on less land in the sense of sustainable intensification or urban farming;
Amendment 356 #
2022/2183(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that the impact of climate change on agricultural production is becoming more evident, with crop farmers' harvests and yields being negatively impacted with increased frequency by droughts, floods, and other extreme weather conditions;
Amendment 362 #
2022/2183(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Points out that new technical achievements in the field of plant breeding can enable crops to become more resilient to climatic and environmental influences and more resistant to pathogens and harmful organisms;
Amendment 366 #
2022/2183(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Calls on the Commission to advocate for the targeted use and further development of new breeding methods in agriculture and to initiate an objective and science-based impact assessment to clarify the potentials and risks of NGT;
Amendment 367 #
2022/2183(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Calls on the Commission to promote a Europe-wide dialogue on the opportunities offered by new breeding methods with regard to climate change and to educate the public about the differences between transgenic plants and the new breeding methods;
Amendment 431 #
2022/2183(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Notes that alternative sources of nutrients and nutrient cycles to reduce dependence on chemical fertilisers should be fully exploited as soon as possible in order to reduce dependence on fertiliser imports, in particular by further supporting research and new innovations at EU level;
Amendment 481 #
2022/2183(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reiterates that food losses and food waste can be avoided if measures are taken to prevent and manage animal diseases and to reduce the presence of pathogens in food, for example by ensuring proper hygiene and the use of improved technologies along the entire value chain, as well as the regular publication of information regarding these interrelated factors;
Amendment 512 #
2022/2183(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. reiterates that only clear and consistent framework conditions can increase the attractiveness of the agricultural sector and rural areas by encouraging innovative new entrants and alternative agricultural business models, as well as attracting skilled labour and providing greater support for farmers' education and training;
Amendment 61 #
2022/2139(INI)
Motion for a resolution
Recital C
Recital C
C. whereas different regulatory measures in the Member States concerning prostitution have different effects on gender equality;
Amendment 64 #
2022/2139(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas Member States should ensure that when an offence is committed with the intention of earning profit or gain or that an offence actually brought profit or gain from the prostitution of another person (i.e. profiting from human trafficking) that this profit is considered to be an aggravating circumstance;
Amendment 66 #
2022/2139(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas in Member States the ban of prostituted persons under 21 years of age, pregnant women and women working in the streets should be considered as a basic concept within a European framework and thereby respected and applied in all Member States;
Amendment 68 #
2022/2139(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas street-based prostitution represents an environment which is devoid of humane conditions for women;
Amendment 84 #
2022/2139(INI)
Motion for a resolution
Recital E
Recital E
E. whereas ensuring the physical integrity of all and guaranteeing equality and respect for women’s rights must be at the heart of Member State and EU policies in relation to prostitution;
Amendment 90 #
2022/2139(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there are strong links between forced and sometimes non-forced prostitution and organised crime such as human trafficking;
Amendment 94 #
2022/2139(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 98 #
2022/2139(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas a holistic approach is needed to protect women in prostitution and put an end to the impunity of perpetrators;
Amendment 99 #
2022/2139(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
F c. whereas the most common and widespread form of human trafficking in the EU is that for the purpose of sexual exploitation; whereas 60% of victims of human trafficking in the EU are trafficked for sexual exploitation;
Amendment 101 #
2022/2139(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
F d. whereas there is an asymmetry between national prostitution legislation within the EU (with countries where prostitution is legal and countries where it is illegal and where the demand for prostitution is criminalised);
Amendment 110 #
2022/2139(INI)
Motion for a resolution
Recital G
Recital G
G. whereas numerous factors cause people to enter prostitution, including poverty, social exclusion, drug-addiction and a migration background;
Amendment 113 #
2022/2139(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas we should take advantage of the opportunities offered by the free market economy, which promotes healthy competition and creates high growth and innovation, and in turn offers high- quality jobs as a viable option for those who want to leave;
Amendment 117 #
2022/2139(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas Ireland and New Zealand have similar populations but the amount of prostitutes working in Ireland is 5-8 times lower due to the introduction of the Nordic model;
Amendment 123 #
2022/2139(INI)
Motion for a resolution
Recital H
Recital H
H. whereas prostitution has cross- border implications and affects women’s rights and gender equality; whereas in cross-border regions the systems should be coordinated to avoid hot spots in border regions; whereas the disparity of legislation on prostitution in the EU benefits traffickers and organised crime networks; whereas all Member States have a legal obligation to discourage and end human trafficking and organised crime;
Amendment 127 #
2022/2139(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas Europol reports establish that where prostitution is legal, trafficking in human beings and violence perpetrated against its victims and prostituted persons increases tenfold as perpetrators can hide behind legal structures, whereas the Nordic model is not a fix-all solution to reduce demand, sex trafficking, violence or exploitation;
Amendment 135 #
2022/2139(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas the fight against prostitution and trafficking can only be effective at saving women and girls when an approach which protects its victims and tackles the demand for prostitution is applied;
Amendment 136 #
2022/2139(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
H c. whereas Member States should promote prevention and rehabilitation programmes and broad, in-depth educational programmes against human trafficking and forced prostitution both in schools and in wider society and especially in the prostitute’s countr(ies) of origin; these programmes should include safe accommodation and secure care, adequate medical attention, psychological help (trauma therapy), education/training opportunities, support for reintegration into the wider economy, specialised help for women with addictions and specialised help for women with children;
Amendment 139 #
2022/2139(INI)
Motion for a resolution
Recital H d (new)
Recital H d (new)
H d. whereas adolescents should receive thorough education concerning the methods employed by pimps to initiate interactions so that they are more alert, vigilant and better informed about the Loverboy tactics, online contact initiation and subsequent entrapment;
Amendment 140 #
2022/2139(INI)
Motion for a resolution
Recital H e (new)
Recital H e (new)
H e. whereas prostitution is increasingly shifting into the virtual space, regardless of the legislation in force: whereas this relates not only to the recruitment and initiation “process”, but also to the way in which the sexual act itself takes place; whereas prostitution in the virtual space also has the same harmful effects on prostituted women as in the real world;
Amendment 142 #
2022/2139(INI)
Motion for a resolution
Recital H f (new)
Recital H f (new)
H f. whereas Ursula Von Der Leyen has previously stated that prostitution is not a profession like any other and that exit should always be the goal;
Amendment 144 #
2022/2139(INI)
Motion for a resolution
Recital H g (new)
Recital H g (new)
H g. whereas according to some studies there is the potential to reduce HIV infections by 33–46% in the next decade if prostitution were to be decriminalised; whereas criminalised sex work leads to lower condom use which leads to higher cases of STIs including but not limited to, Genital Chlamydia, Gonorrhea infections, Pharyngeal and anal STI infections, as well as cases of syphilis infections;
Amendment 147 #
2022/2139(INI)
Motion for a resolution
Recital H h (new)
Recital H h (new)
H h. whereas LGBTI prostitutes are subjected to discrimination and criminalisation as both LGBTI people and as prostitutes; whereas there is not equal access to preventative HIV medication, such as PREP and/or PEP drugs across the Union;
Amendment 149 #
2022/2139(INI)
Motion for a resolution
Recital H i (new)
Recital H i (new)
H i. whereas the dual identities of LGBTI prostitutes have the potential to further marginalise individuals and render them more vulnerable to increased levels of violence, human rights’ abuses, and decreased access to services and justice;
Amendment 151 #
2022/2139(INI)
Motion for a resolution
Recital H j (new)
Recital H j (new)
H j. whereas poverty is the primary driving force behind women becoming prostitutes; whereas drug addiction is used as a means to lure and entrap victims into prostitution;
Amendment 152 #
2022/2139(INI)
Motion for a resolution
Recital H k (new)
Recital H k (new)
H k. whereas access to health care services, including contraception is vital for prostitutes to maintain their health; recognises that in some Member States, such as Poland, access to such health care provisions has been severely restricted, causing undue stress and anxiety as well as adverse health effects for those who need it;
Amendment 161 #
2022/2139(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that approaches to regulating prostitution vary across the EU and target three key components of this system: prostituted persons, the purchase of sex (i.e. demand), and pimping; stresses that the different laws have different effects on women in prostitution, their rights, women’s rights in general, gender equality, demand, societyal attitudes and neighbouring countries; Member States, as well as the ability for women to reintegrate into society;
Amendment 165 #
2022/2139(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Rejects the premise of an overly- simplified ideological battle that polarises the debate into two camps: it is important to evaluate all models with a realistic perspective to see which parts of each model work best; highlights that a simplified binary approach has the potential to overlook the advantages and disadvantages of the respective models which only serves to hinder those involved in prostitution;
Amendment 172 #
2022/2139(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Regrets the lack of reliable, accurate and comparable data across countrisome Member States apropos of trafficking, violence within forced prostitution, as well the success(es) of exit programmes;
Amendment 187 #
2022/2139(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that consent can only be given freely when there is no power imbalance between the people involved; notes, at the same time, that it can be extremely difficult for people to realise that they are victims, especially when they do not know their rights, and recalls the dynamics of an abusive relationship; underlines in addition that the voice of women should always be listened to and recalls the need for informative, respectful programmes so that women in prostitution are abreast of their rights and obligations;
Amendment 197 #
2022/2139(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Underlines that prostitution proved itself far too often to be susceptible to force majures such as the Covid -19 pandemic; highlights that furlough schemes in many Member States did not apply to women in prostitution, recalls the example of the Netherlands which - where the affected woman was registered with the national chamber of commerce - allowed women in prostitution to access necessary financial support;
Amendment 199 #
2022/2139(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Sresses that greater awareness is needed to better understand the increasingly shift of prostitution into the virtual space;
Amendment 202 #
2022/2139(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines that the European Parliament recognised, in its resolution of 26 February 2014 on sexual exploitation and prostitution and its impact on gender equality, that prostitution and sexual exploitation are violations of human dignity, contravene human rights principles such as gender equality and are therefore contrary to the principles of the Charter of Fundamental Rights of the European Union; recalls that it defined prostitution as a serious form of violence and exploitation in its resolution of 5 July 2022 on women’s poverty in Europe4 ; _________________ 4 Texts adopted, P9_TA(2022)0274.
Amendment 208 #
2022/2139(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Condemns the fact that women in prostitution lack legal security because of their criminalisation, meaning they face the constant threat of police and judicial persecution, are subject to additional vulnerability and stigmatisation that negatively affect their physical and mental health, consequently experience difficulties in contacting support services and lack access to fundamental rights; deplores the fact that, at the same time, abusive and other non-law abiding clients, brothel owners and human traffickers often remain unpunished; calls on the relevant authorities within Member States to increase their efforts to end the impunity for those who commit forced prostitution;
Amendment 225 #
2022/2139(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. WelcomesTakes note of the fact that an increasing number of countries are taking up and implementing the Nordic/Equality model; supports the feminist background of this modeloverarching gender- specific objective of this model which seeks to reduce demand and its goal of achieving gender equality, and highlights the model’s positive effects on the rights of people in prostitution andbut that work and research is still needed to ensure that this model is effective in the fight against human trafficking;
Amendment 239 #
2022/2139(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that prostitution and trafficking for sexual exploitation only exist because there is a demand for them; recognises that any service based economy works on the concept of supply and demand but that through the promotion of a strong, competitive and free market European economy fewer women will enter prostitution as a last resort to provide for their families;
Amendment 252 #
2022/2139(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the decriminalisation of pimping and of the purchase of sex increases demand, empowers the demand side and normalises sex buying; underlines that the stigmatisation of people, especially women, in prostitution nevertheless persists; notes that only if demand is reduced can the prostitution market shrink and thus the number of those exploited in it;
Amendment 257 #
2022/2139(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses that the legalisation of selling sex (as is the case in the Nordic model) is the only way prostitutes can build trust in law enforcement and other help services;
Amendment 265 #
2022/2139(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concerned that the legalisation of prostitution promotes legal structures behind which traffickers can hide; therefore calls on the Member States to ensure that existing legislation and regulations are properly assessed so as to avoid any loopholes which allow criminals to act with impunity;
Amendment 276 #
2022/2139(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that human trafficking for the purpose of sexual exploitation is increasing due to high demand; points out that this is particularly visible in countries with a liberal regulatory model, whereas countriesin some Member States such as Ireland that follow approaches like the Nordic/Equality model are no longer big markets for human trafficking for that purpose;
Amendment 288 #
2022/2139(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the different approaches to regulation in the EU have different effects and that women in prostitution have different rights and protections in different EU Member States; underlines that, on average, 70 % of the individuals in prostitution in the EU are migrant women and that trafficking for the purpose of sexual exploitation mostly affects women and girls coming from the east of the European Union;
Amendment 290 #
2022/2139(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Recalls that women in the LGB and Transgender communities, including prostitutes themselves must be meaningfully involved and included in the development of national prostitution policies and wider European discussions;
Amendment 292 #
2022/2139(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that the prostitution market and its actors operate across borders; Stresses that the divergent rules mean that some EU Member States have more victims of trafficking in human beings than others and that free movement within the EU helps to move people from one market to the next; calls Member States and the Commission to coordinate a pan- European approach and equal standards and possibilities of prosecution for those involved in prosecution;
Amendment 304 #
2022/2139(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on EIGE to put together an analysis of how AI could serve to protect prostitutes from vulnerable and potentially dangerous situations; highlights the need for privacy for all parties when in compliance of the law but underlines as well that when used efficiently AI can both protect peoples’ identities and create a safe, managed place in which women can operate;
Amendment 308 #
2022/2139(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Calls on Member States to promote STEM learning so that girls can play an active role in in developing technology for women’s needs;
Amendment 309 #
2022/2139(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the different effects of different regulatory measures on men, young people and society as a whole; highlights that there appears to have been a significant and positive shift in attitudes among boys and men in Sweden after the introduction of the Nordic model, whereby women are seen less as objects to satisfy man’s sexual desire but instead as victims of exploitation; whereby this dissuades them from purchasing sex;
Amendment 317 #
2022/2139(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines the Member States’ obligation to protect women’s rights and physical integrity and promote gender equality, and highlights the EU’s role in doing this within the international community and in creating equal protection and equal rights across Member States; calls on all remaining Member States to ratify the Istanbul convention as soon as possible;
Amendment 320 #
2022/2139(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Calls on the Member States to ensure adequate provision of contraception as a means of preventing sexually transmitted infections as well as unwanted pregnancies for prostitutes; calls particularly on the government of Poland to ease the restrictions of contraception, especially emergency contraception;
Amendment 337 #
2022/2139(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Stresses the need for exit programmes to facilitate, where possible, women’s access to training, jobs and credit from, for example, women venture capitalists, business angels and investors; underlines the need for women role models, founders and owners of private companies and start-ups to help support former and practicing prostitutes realise their entrepreneurial potential;
Amendment 341 #
2022/2139(INI)
20 b. Urges Member States to introduce rehabilitation programmes that include safe accommodation and secure care, medical help, psychological help (trauma therapy), specialised help for women with addictions and specialised help for women with children;
Amendment 342 #
2022/2139(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20 c. Calls for adequate protections for LGBTI prostitutes who have reported facing discrimination, humiliation and denial of services from healthcare workers, either based on their sexual orientation, gender identity, or any combination of these; recalls that the denial of services based on the grounds of their sexual orientation is a breach of the European charter of fundamental rights; calls for better access to PREP and PEP medication as well as awareness about when and where they are available;
Amendment 361 #
2022/2139(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States for specific measures to assist women in prostitution with their social and professional reintegration; calls for such exit programmes to work gradually, for women to be supported on their personal paths and for people’s potential to be recognised, with and professional training and further education programmes being adapted to take account of this;
Amendment 364 #
2022/2139(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Recalls the highly successful RUPS exit programme in the Netherlands where any prostitute can go to for help, guidance and support irrespective of whether they work in a sex club, via the internet, in the street or in any other way;
Amendment 368 #
2022/2139(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
Amendment 369 #
2022/2139(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23 c. Notes that exit programmes for women seeking to leave prostitution are best able to help women and girls in a free market economy that is high growth and in turn able to provide women and girls with good quality, well-paying jobs that represents a viable alternative to prostitution;
Amendment 370 #
2022/2139(INI)
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23 d. Underscores that obstacles to growth in the economy will not deter women and girls from entering prostitution but instead increase it through a lack of opportunities in the wider economy;
Amendment 371 #
2022/2139(INI)
Motion for a resolution
Paragraph 23 e (new)
Paragraph 23 e (new)
23 e. Calls on the Commission to launch a programme that would engage prostitutes (both former and current) into a training scheme that would help them kick start their own entrepreneurial activity;
Amendment 379 #
2022/2139(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Calls for a European wide agreement that explicitly forbids prostitution by those under the age of 21, those who are pregnant, as well as a ban on street-based prostitution and other inhumane “working” conditions;
Amendment 382 #
2022/2139(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Recalls the need for informed decisions to be taken before wide sweeping conclusions can be drawn; highlights that while there is no one single Nordic model applied in the same way within the Union, the implementation of the Nordic model continues to take place; underlines that when implementing the Nordic model, Member States should take advantage of best practices employed in other Member States;
Amendment 386 #
2022/2139(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
Amendment 1 #
2022/2124(DEC)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Highlights the importance of a strong, effective and well-functioning European Border and Coast Guard Agency (Frontex or the Agency), able to assist Member States to manage the common external borders of the European Union and to ensure an integrated border management with a view to managing those borders efficiently and in full compliance with fundamental rights, and to increasing the efficiency of the Union return policy; stresses that effective management of the external borders is of crucial importance for the protection of the Schengen as an area of freedom, security and justice; stresses that close cooperation and agreements with third countries in aspects like readmission agreements, technical assistance, training, and return activities, together with development aid are important to guarantee an efficient EU border management;1a _________________ 1a FRONTEX Strategic Risk Analysis 2022
Amendment 2 #
2022/2124(DEC)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 4 #
2022/2124(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that Frontex is by large the EU Agency that received more significant budget increases in the last years; recalls that the Agency budget has skyrocketed from €118 million in 2011 to €741 million in 2021, and to an annual average of €900 million for the 2021-2027 period, in line with its new responsibilities; recalls that Frontex started with a budget of €6 million in 2005, and it is receiving now €741 million in 2021; recalls that the European Border and Coast Guard Agency has been strengthened in terms of staff and technical equipment with its new mandate in 2019; notes that in view of the complex geopolitical situation, the importance of Frontex in supporting Member States increased significantly and efforts must continue in terms of human and material resources;
Amendment 14 #
2022/2124(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the Court’s observation concerning weaknesses in recruitment procedures, which undermine the principles of transparency and equal treatment of the candidates; notes the serious internal control weaknesses in the Agency’ delegation process, ex-ante controls and procurement procedures; deplores the many payment delays; takes also note of Frontex' reply stating that Frontex acknowledged a room for improvement in the implementation of the defined rules on selection procedures and that in January 2022 adopted more clear instructions to the selection committee members ensuring more consistent assessment and harmonised procedures; notes the serious internal control weaknesses in the Agency’ delegation process, ex-ante controls and procurement procedures; deplores the many payment delays but likewise takes note that there were various reasons for these delays that were not always under the Agency’s control, for example, several late payments, with high amounts that stem from delays of the Member States in introducing their claims for grants; welcomes the Agency's commitment to continuously improving in the field of late payments, as stated in its reply to the Court;3a _________________ 3a https://www.eca.europa.eu/Lists/ECADoc uments/AGENCIES_2021/AGENCIES_2 021_EN.pdf
Amendment 16 #
2022/2124(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that the Court, in two audited recruitment procedures, found that the selection committees applied the arithmetical average of their members’ individual assessments, instead of the consensual method prescribed by the Agency internal guidelines; further notes the lack of clear standards or instructions to selection committee members on how to assess the individual selection criteria; acknowledges that these weaknesses undermine the principles of transparency and equal treatment of the candidates in recruitment procedures and may expose Frontex to reputational and legal risks;
Amendment 19 #
2022/2124(DEC)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes that the current occupancy rate in the Agency is 79%, the highest occupancy rate since the new European Border and Coast Guard Regulation in 2019 (2019/1896); acknowledges that timely recruitment and achieving geographical balance remain challenging mainly due to a low coefficient rate for Poland; further notes that the low coefficient rate for Poland is a long standing challenge for the Agency, which has been exacerbated in recent months by record high inflation in the country, reaching 16,6% in December 2022;
Amendment 21 #
2022/2124(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. NotWelcomes the drawing up of a fundamental rights strategy and action plan; regretnotes that the obligation included in Article 110(6) of Regulation (EU) 2019/1896 to deploy at least 40 fundamental rights monitors has been met with significant delay; notes thatwelcomes however that since mid-October 2022, the number of fundamental rights monitors now stands at 46; deeply deplores that despite the significant overall staffrecalls that, according to the same provision, the executive director shall assess on an annual basis whether the number of fundamental rights monitors needs to be increased in consultation with the fundamental rights officer; following that assessment, the executive director shall, where necessary, propose an increase forin the Agency, the Fnumber of fundamental Rrights Officer still lacks adequate human resourcesmonitors to the management board for the following year depending on operational needs; notes that out of the 46 staff members, 31 are Administrators and 15 are at Assistant level; furges the Agency to provide its fther notes that in addition to Fundamental Rights monitors, the Fundamental rRights oOfficer with adequate resources and staff has also almost 20 staff members; welcomes the Agency commitment to further appoint staff at Administrative level should the Agency Establishment Plan allow it;
Amendment 30 #
2022/2124(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the position that the Management Board should play a proactive role in identifying and preventing serious risk of fand the Executive Director must work closely with the Fundamental Rights Officer and play a proactive role in ensuring that Frontex activities are always in compliance with Fundamental rRights violations; reiterates the importance to implement the standard operating procedures to withdraw the financing of, or suspend or termina; welcomes the positive progress made by the Agency, particularly the decision of 25 January 2022 detailing standard operating procedures for the implementation of Article 46 of Regulation (EU) 2019/1896 drafted in accordance with the comments and observations of the Member States and Schengen Associated Countries, Frontex Fundamental Rights Officer, and the Frontex Consultative Forum on Fundamental Rights; takes note,s or not launch Frontex activities in cases where such risks arf the opinion of the Fundamental Rights Officer arguing for more Frontex involvement to monitor and support Member States in their obligations set out in the EU acquise;
Amendment 39 #
2022/2124(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Expresses its utmost concerns with regard to allegations of push backs in the context of Frontex operations in Lithuania, Latvia, Croatia, Bulgaria and Greece; reiterates its call on the Agency to susptakes note of the findings of the Fundamental Rights Officer Annual report 2021 which states that there was no evidence of Frontex staff’s involvemendt its open unlawful practions supporting return- related operations from Hungary as long as, and as concluded by the Court of Justice of the European Union, the return decisions issued by the Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of Fces in Lithuania, Latvia and Bulgaria, and the admissible complaints concerned Frontex operational areas in Albania, Croatia, Greece, and Spain; demands the Agency to monitor the correct implementation of return procedures by the Hungarian authorities and to ensure the respect of fundamental rights in returns carried out with Frontex assistance, in line with the Fundamental Rights Officer’s recommendations; takes note that since 2020, there have been no operational reports, either by staff deployed in returns from Hungary or by the independent monitors, no complaints, no serious incident reports, and no communication of any other type to the Agency on alleged violations of fundamental rights in cases of Frontex assisted returns from Hungary; also notes that there is no evidence of violations of fundamental Rrights of the European Union; in case of returns carried out with Frontex assistance in Hungary;6a _________________ 6a https://frontex.europa.eu/assets/Images_N ews/2022/Fact_Sheet_on_Frontex_discha rge.pdf
Amendment 43 #
2022/2124(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the finding that the Agency had never been involved in returns relating to the Hungarian laws Act LXXXIX of 2009 and Act LVIII of 2020 which were deemed not in line with the European acquis by the Court of Justice of the European Union; notes the confirmation by the Hungarian authorities that they had not requested nor would request Frontex support of cases of migrants to be returned in application of national act LXXXIX of 2007 and Act LVIII of 2020; notes that Frontex increased monitoring activities in Hungarian returns and strengthened consultation and cooperation with the Fundamental Rights Officer on Hungary, among others, in terms of monitoring activities, to further ensure the respect of fundamental rights in returns carried out with Frontex assistance; welcomes that following the opinions and recommendations of the Fundamental Rights Officer regarding his assessment of the situation in Greece, the former Executive Director ad interim and the Fundamental Rights Officer engaged with the Hellenic authorities to establish safeguards for the implementation of the fundamental rights framework in operational activities carried out in Greece; endorses that further to these discussions, the Hellenic authorities drew up an Implementation Plan for the implementation of the safeguards, which was recognized as a good achievement by the Agency’s Fundamental Rights Officer and the Management Board;
Amendment 46 #
2022/2124(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates its profound concerns about the findings of the OLAF report of 15 February 2022 on investigations into Frontexon the misconductof several individuals employed by the Agency in, and expresses its utter dismay in the behaviour and actions described in the findings and the lack of accountability; considerstakes note that in October 2022 some media organisations have released the report; while acknowledging that the findings of the OLAF report arcan be a matter of public interest and should be made public without further delay, deplores the fact the publication of a confidential report is in clear breach violation of the requirements laid down in Articles 10(3) and 17(4a) of Regulation (EU, Euratom) No 883/2013, to respect the confidentiality of the investigation conducted by OLAF as well as the legitimate rights of the persons concerned, including their data protection rights;
Amendment 53 #
2022/2124(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Welcomes the follow-up by the Agency on the publication of the OLAF report, in particular the identification of, aside from findings on serious misbehaviour of individual former employees, three key issues, namely the fact that the Fundamental Rights Officer was prevented from accessing operational information, the fact that the Fundamental Rights Officer was not assigned as case handler for reports on serious incidents with alleged violations of fundamental rights, and the fact that staff members who reported serious incidents to the hierarchy were ignored by the individuals investigated by OLAF; welcomes the work done by the Agency to improve the management culture and promote staff well-being, including the decentralization of decision-making to distribute responsibility and ownership of decisions, encouragement of open dialogue through Agency’s Management meetings, the development of a comprehensive internal communication strategy, strengthening of internal communications team, the enlargement of the network of Confidential Counsellors, whose aim is to foster a safe and inclusive working culture where there is zero tolerance for harassment, discrimination or inappropriate behaviour; further welcomes the decision of the Management Board of July 2022 on the obligations of the Management Board and Executive Director to inform the Consultative Forum on the follow-up of its recommendations and to ensure that action is taken with regard to the recommendations of the Fundamental Rights Officer; notes that the first Internal Audit Capacity internal audit is foreseen for Q-4 2022 - Q-1 2023 focusing on Frontex codes of conduct;
Amendment 59 #
2022/2124(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Expresses its deep concerns in relation to media revelations that in the context of the expansion of a mass surveillance programme at Europe’s external borders (PeDRA, or ‘Processing of PNotes that PeDRA (Processing of Personal Data for Risk Analysis) was a project implemented between 2015 and 2017 to fight against cross-border crime and that it allowed the Agency to develop capabilities required for processing personal data, as one of the measures undertaken to combat criminal smuggling networks; notes that Frontex has been processing only operational personal Ddata for Risk Analysis’), Frontex and the European Commission side-lined their own dof suspects of cross-border crime and terrorism; notes that after receiving the EDPS opinions on Frontex data processing rules, the Agency’s Data pProtection oversight bodies and pursued an intrusive collection of personal data from migrants and refugees to feed into Europol’s criminal databasesOfficer prepared an Action Plan to implement the EDPS recommendations; asks the Management Board to inform the European Parliament about the implementation of these recommendations and the measures taken to ensure full compliance with the EU data protection rules; further notes that the PeDRA team has not implemented any processing activities that have not been approved by the EDPS;
Amendment 66 #
2022/2124(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes that Frontex’ structural problems regarding fundamental rights protection of asylum seekers and migrants, transparency, data protection, and alleged sexual harassment within the Agencythe conclusions presented in the OLAF report on the investigation conducted with respect to the activities of the Agency under the former executive leadership, together with other observations led the European Parliament to refuse discharge of the Agency’s 2020 budget; notes however that those circumstances were not present in 2021;
Amendment 67 #
2022/2124(DEC)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reminds that the Agency is accountable to the European Parliament, and that the Parliament is resolved to ensure that the Agency contributes to the continuous and uniform application of Union law, including the Union acquis on fundamental rights, in particular the Charter of Fundamental Rights of the European Union; highlights that, in order to achieve this goal, an enhanced cooperation with the Frontex Management Board by strengthening the transparency, accountability and democratic oversight of the Agency is needed;
Amendment 69 #
2022/2124(DEC)
9 b. Welcomes the various actions taken by Frontex in the past months to improve its activities and standards and to meet the expectations; welcomes particularly the actions taken in the field of budgetary and financial management, fundamental rights, organisational culture and transparency; takes note of the decision of the Management Board in its extraordinary meeting on 20 December 2022, to appoint Mr Hans Leijtens as the new Executive Director of the European Border and Coast Guard Agency;
Amendment 70 #
2022/2124(DEC)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Welcomes the establishment of Public Register of Documents where a wide range of documents is published; notes that to process the increasing number of applications for public access to document in a timely manner, the Transparency Office has been strengthened; welcomes also the development of the Agency’s external communication strategy cutting down response time to media requests; welcomes the establishment of an Internal Audit Capacity and the adoption of the internal Audit Charter; notes the strengthening of Inspection and Control Office of the Agency;
Amendment 79 #
2022/2124(DEC)
Draft opinion
Paragraph 11
Paragraph 11
11. Recommends the Committee on Budgetary Control to postpone granting the discharge in respect of the implementation of the Agency’s budget for the financial year 2021, until the structural shortcomings related to respect by Frontex of its fundamental rights obligations have been fully addressed.
Amendment 2 #
2022/2121(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Court of Auditors (‘The Court’) has declared the transactions underlying the annuals accounts of the European Union Agency for Law Enforcement Cooperation (Europol) for the financial year 2021 to be legal and regular in all material respects; recalls that the budget of the Agency increased in 2021 from EUR 183 to 210 million (+14,75%), while members of staff increased from 884 to 9579 (+10,745%) within the same period; 1a; _________________ 1a ECA annual report on EU agencies for the financial year 2021 (‘ECA annual report for 2021’), see page 268 (Figure 3.33.1), available at: https://www.eca.europa.eu/en/Pages/DocI tem.aspx?did=62271 [-/-2]979 / 884 = 1,107466 ó10.75 %
Amendment 6 #
2022/2121(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. RegretDiscerns the reported weaknesses iobservations2a on management and control systems, namely two cases ofin one case2b concerning the process to assess a potential conflict of interest situation in relation to a senior manager taking up a job elsewhere, whenin which case Europol did not issue its decision within the deadlinetimeline set in Article 16 of the Staff Regulations and thus effectively authorised the person concerned to take up the new job without any restrictions and in contravention of Article 16 of the Staff Regulations; ; notes Europol’s response to the Court’s observations, outlining that an ex-post assessment confirmed that Europol was not exposed2c to a conflict of interest situation; acknowledges that Europol, together with only eight other decentralised agencies2d, has specific provisions covering the risk of ‘revolving door’ situations in relation to members of the board; _________________ 2a ECA annual report for 2021, see page 270 (Section 3.33.9): The ECA refers to “observations on management and control systems” 2b ECA annual report for 2021, see page 270 (Section 3.33.9): The ECA report states that two cases were assessed by Europol, while only in one case, the ECA made comments on the timeline of the decision-making. 2c ECA annual report for 2021, see page 272 2d ECA annual report for 2021, see page 58 (Box 2.8)
Amendment 13 #
2022/2121(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. RegretNotes that the observation from the Court stressing that late payments were issued by the Agency in 33% of the cases in 2020 is still ongoing; expresses concern that, according to the Court, similar levels of delays were observed in previous years; shares the opinion by the Court that this recurrent weaknesses exposes Europol to reputational risks; requests the Agency to increase its efforts to address all the observations from the Court; the Agency had paid late in 33% of the cases in 20203a , while in 2021, payment delays were reduced to 8%3b; highlights the opinion by the Court3c that the Agency should continue its efforts to address all the observations from the Court; _________________ 3a Source: ECA annual report for 2021, see page 271 3b ECA annual report for 2021, see page 271, information provided to the ECA by Europol (reduction to 8% in 2021). 3c ECA annual report for 2021, see page 271, information provided to the ECA by Europol (reduction to 8% in 2021). The ECA wants Europol to continue its efforts to keep payment delays at low levels.
Amendment 18 #
2022/2121(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that on 16 September 2022, the EDPS requested that the Court of Justice of the European Union annul two provisions of the revisamended Europol Regulation, namely Articles 74a and 74b, as they seriously undermine legal certainty for individuals’ personal data and threaten the independence of the EDPS; reminds that articles 74a and 74b have the effect of legalising retroactively Europol’s practice of processing large volumes of individuals’ personal data with no estab commends the action taken by Member States4b, operational cooperation partners and Europol, as no request was made to apply Article 74a and all contributions from before the entry into force of the amended Europol Regulation have meanwhile been assigned with a Data Subject Category (DSC)4a; _________________ 4a Current proceedings with the CJEU: The LIBE opinion cannot pre-empt the ruling of the CJEU of the EDPS motion and the official response of the Parliament to the CJEU as institution. 4b Europol reported to the EDPS in November 2022 that Article 74a was never applied, as Member States etc. did not request to make use of Article 74a. Accordingly, there is no materialished link to criminal activity, which the EDPS found to be in breach of Europol’s Regulation; effect. Meanwhile, the 231 contributions under Article 74b, reported to the EDPS in November 2022, have all been assigned with a Data Subject Categorisation (DSC). The suggested wording reflects these facts.
Amendment 21 #
2022/2121(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. ICalls concerned about the enhanced and non-transparent cooperation between Europol and Frontex; reminds the reports about F the Agency to take measures to continuously reinforce compliance with EU transparency rules5a as well as with fundamental rights and data prontex’s PeDRA program ‘Processing of Personal Data for Risk Analysis', which allows Frontex border guards to collect sensitive personal data from migrants and asylum seekers to process and share it with Europol and security agencies of Member States, and to scan social media profiles; requests that cooperation among JHA Agency is fully transparent and accountability ensured; calls on the Agency to take measures to ensure full compliance with EU transparency rules as well as with fundamental rights and data protection standards; ction standards; welcomes the swift appointment of the Europol Fundamental Rights Officer which was introduced with the amendments to the Europol Regulation that entered into force on 28 June 2022; _________________ 5a There was a dedicated session in the LIBE Committee on 8 November 2022 in which both Frontex and Europol provided answers. In addition, the topic was covered in the questions & answers at the Europol JPSG meeting on 24-25 October 2022, and before that, the topic was covered in a related JPSG written question (response given on 10 October 2022). Against this background, both Frontex and Europol provided information. In addition, this LIBE opinion is about the discharge of Europol.
Amendment 28 #
2022/2121(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Is concerned aboutDiscerns the individual complaints introduced against Europol for access to personal data and the lack of follow up done by the Agency to those requests, conducing to an order bya timely decision on the case by the EDPS, almost two years after the citizen complained to the EDPS6a; calls for an immediate closure by the EDPS with support from Europol and the competent authority in the concerned Member State; _________________ 6a Twitter announcements by the concerned citizen, information provided by Europol to the EDPS: The case referred to in the draft LIBE opinion on EDPS discharge concerns one complaint of a citizen (not several cases). Timeline: In March 2020, Europol received the data subject access request, Reply in June 2020: “… there are no data concerning you at Europol to which you are entitled to have access …” [under the Europol Regulation]. In October 2020, the data subject complained against the answer from Europol with the EDPS. In September 2022, the EDPS; is extremely concerned by the deletion of those data by the Agency without allowing the data subjesued a decision, instructing Europol to “… comply with the complainant’s request …, by providing the complainant with the full set of information which he is entitled to receive …”. The EDPS outlined at the same time that “Both Europol and the complainant may ask for a review by the EDPS of the present Decision within one month of receiving this letter…..” Europol, in addition to the citizens, requested a review by the EDPS, enclosing, inter alia, supporting evidence, outlining that “… access to the full set of information … was partially rejected by the Police … on the basis of … the national Police Data Act, to access in spite of EDPS decision; ransposing the Law Enforcement Directive …, in order to avoid adverse consequences for the prevention, detection, investigation and prosecution of criminal offenses …” Now in January 2023, the EDPS has not yet issued the final decision in the case, despite the fact that the citizen and Europol requested a review, and the citizen put forward a motion to the CJEU in the case at hand.
Amendment 32 #
2022/2121(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Recommends the Committee on Budgetary Control to postpone granting the discharge in respect of the implementation of the Agency’s budget for the financial year 2021, until the Court of Justice of the European Union delivers its judgement; 7a; _________________ 7a The EU Financial Rules do not foresee to connect the outcome of a CJEU proceeding with discharge. In addition, the CJEU case is against the legislator, not Europol.
Amendment 14 #
2022/2053(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that the agricultural and forestry sectors can play a significant role in this process, given that they have the capacity to remove and store carbon through carbon reservoir use and management; underlines that the agricultural and forestry sector contribute to the overall EU goal to be the first climate-neutral continent;
Amendment 18 #
2022/2053(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses that each sector must first and foremost reduce its own CO2 emissions independently and only use the storage capacity of other sectors, such as agriculture and forestry, for emissions that cannot be reduced;
Amendment 23 #
2022/2053(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the importance of carbon farming as a new business model for EU agriculture which should be additional and voluntary, and which aims to upscale climate mitigation by paying farmers to implement climate-friendly farm or forest management practices, with a view to allowing the sector’s active contribution to the green transition toby provideing new sources of income and business development opportunities;
Amendment 33 #
2022/2053(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that carbon farming should be market-based; calls on the Commission to create a genuinely new business model for farmers and foresters; notes that financing from the value chain or through the creation of a voluntary carbon market is possible; stresses that the CAP is not a viable source of funding, as the CAP is not a business model;
Amendment 45 #
2022/2053(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. stresses the importance, in this context, of public money only being used for research, knowledge transfer and training for farmers;
Amendment 53 #
2022/2053(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need for Member States to establish new incentives at the level of land managers, especially farmers and foresters, to accelerate the uptake of carbon farming;
Amendment 58 #
2022/2053(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the requirement to take into account preliminary work on this issue, Member States’ different starting points and conditions, and the effects of climate change on carbon when evaluating climate change mitigation practices;
Amendment 74 #
2022/2053(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the importance of ensuring the social, environmental, and economic integrity of carbon farming, not least with regard to food security, ensuring a decent income for farmers and limiting environmental impact to acceptable levels;
Amendment 87 #
2022/2053(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that carbon farming must be regulated in line with the current CAP and be seen as a complementary and additional topping-up option; underlines, however, that in the longer term carbon farming should be market-based;
Amendment 89 #
2022/2053(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. stresses the importance of additional funds outside the CAP for a successful carbon farming initiative;
Amendment 101 #
2022/2053(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses that financial incentives should come primarily from private sources, and reward land managers for their management practice or the actual amount of carbon sequestered, or for increasing the storage of atmospheric carbon; underlines that public funding under the Common Agricultural Policy (CAP) and other Union programs, such as the LIFE programme, the Cohesion Fund, the Horizon Europe programme, the Recovery and Resilience Facility, the Just Transition Fund, can already support carbon sequestering and biodiversity-friendly approaches in forests and agricultural lands and should be increased and coherent with the EU CAP's food security;
Amendment 113 #
2022/2053(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the commitment to ensure transparency and accountability by establishing a robust science-based EU regulatory framework for the accounting and certification of carbon removals; asking the Commission to expand the scope to soil-related GHG abatement through adopting carbon farming friendly practices;
Amendment 116 #
2022/2053(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Underlines that the new certification framework for carbon farming should be as simple as possible in its design and not result in disproportionate administrative burdens for land and forestry managers and owners; emphasises that the future Union certification framework will need to take into account already existing national and private initiatives with the same objective provided that they qualify in line with the required criteria;
Amendment 121 #
2022/2053(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. stresses the need for a credible certification system for the quantification and certification of carbon removals that can be applied at farm level and that avoids greenwashing and carbon leakage; underlines the need to promote high- quality carbon certificates that can ensure the achievement of the criteria of additionality, permanence, no double counting, sustainability and authenticity to ensure credibility and prevent fraudulent payments and to incentivise improved land management practices, thus resulting in enhanced carbon capture;
Amendment 125 #
2022/2053(INI)
7 c. Emphasises the need for the Commission to also, in parallel with the regulatory framework for certification of carbon removals, reflect upon – as requested by the European Parliament in its October 2020 position on the EU Climate Law –, options for future market design for trading of agriculture sequestration and mitigation credits that count towards EU reduction and removal targets;
Amendment 130 #
2022/2053(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Urges the establishment of a robust methodology allowingthat ensures that the resources invested in carbon farming reaches farmers and foresters, includes also their emissions reduction, does not allow for speculative trading and allows the objective measurement and certification of carbon removals among sectors in order to create harmonised bases for the calculation, capture, use and storage of carbon dioxide;
Amendment 144 #
2022/2053(INI)
8 a. calls on the Commission to start developing such a methodology first for forests followed by wet- and peatland;
Amendment 145 #
2022/2053(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Underlines the importance of creating a robust governance structure that instils trust by defining harmonised rules across EU Member States and preferably beyond, accredits validators and verifiers of carbon removals and emission reductions, operates a removal registry to avoid double counting, and ensures transparency.
Amendment 157 #
2022/2053(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. welcomes all actions undertaken by the Member States that enhances knowledge through science and on-field- research activities;
Amendment 159 #
2022/2053(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Emphasises the importance of establishing a results-based carbon farming policy that is inclusive to all farmers, allows them access to the necessary climate smart tools and practices, enables them to implement the integrated cropping systems and delivers the desired climate mitigation performance together with other co- benefits;
Amendment 163 #
2022/2053(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Stresses the role of Bio-Energy Carbon Capture and Storage (BECCS) through the combustion or fermentation of biogenic carbon, with the aim of providing funding under the CAP tools as an additional means of removing carbon from the atmosphere;
Amendment 173 #
2022/2053(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Calls for the use of innovative, sustainable, circular and long-lasting bio- based carbon products to be incentivised, including, if relevanthat mitigate climate change by trapping carbon in the circular bioeconomy, to be incentivised, through appropriately amendingments to the relevant EU legislative framework.;
Amendment 178 #
2022/2053(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls for advisory services in agriculture, such as the Agricultural Knowledge and Innovation System (AKIS), to make a decisive contribution in supporting sustainable carbon practices and to ensure easy access for farmers to this information;
Amendment 219 #
2022/2005(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Demands that the Member States end racial or ethnic profiling in all forms, encompassingUnderlines that artificial intelligence (AI) tools and, including in criminal law enforcement, counter-terrorism measures and immigration controls, cand to officially recognise and be effective tools to combat practices of unlawful discrimination and violence through anti- racism and anti-bias training for the authoritiesimprove the protection of minorities in the EU;
Amendment 242 #
2022/2005(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the EU institutions to address intersectional forms of discrimination in EU anti-discrimination legislation and policies and to promote an EU framework on intersectional discrimination with cross- cutting objectives and measures, including an EU-wide ban for radical hate preachers to enter the common territory;
Amendment 249 #
2022/2005(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at EU, national and local levels, especially racialised groups; calls on the Commission and Member States to amplify the measures against so called 'honour crimes', which restricts the rights and freedom of minorities, in particular women and girls, to fully participate in society;
Amendment 303 #
2022/2005(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Reiterate its call on all Member States and the Union institutions and agencies to adopt and apply the working definition of anti-Semitism employed by the International Holocaust Remembrance Alliance (IHRA)1a; stresses the urgent need for comprehensive educational measures at all levels to promote the IHRA working definition of anti-Semitism; _________________ 1a Resolution on combating anti-Semitism (2017/2692(RSP) of 29 May 2017
Amendment 317 #
2022/2005(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Regrets that the Jewish population in Europe have decreased in the past years and a further 38 % of European Jews are considering leaving Europe due to concern for their safety and security. Deplores the rising levels of anti-Semitism in Europe, partly but not limited to, immigration from countries where anti- Semitic views are common. Calls of the Member States to increase the number of expulsions of third country nationals found guilty of hate crimes.
Amendment 322 #
2022/2005(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
Amendment 324 #
2022/2005(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Calls on the Commission and Member States to ensure access for Jewish communities to easily receive financial support for their security-related spending with due regard to the increase security threat towards Jewish religious sites.
Amendment 51 #
2022/0426(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2011/36/EU of the European Parliament and the Council28 constitutes the main Union legal instrument on preventing and combating trafficking in human beings and protecting the victims of this crime. That Directive sets out a comprehensive framework to address trafficking in human beings by establishing minimum rules concerning the definition of criminal offences and sanctions. It also includes common provisions to strengthen prevention and protection of all victims, taking into account the gender perspective. _________________ 28 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101, 15.4.2011, p. 1–11.
Amendment 52 #
2022/0426(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Member States should also note that the offence of harbouring described in Article 2(1) also means that the exploited victims are housed at disproportionately high prices in housing that is not proportionate to the rent. Harbouring therefore also means cases where either the trafficker himself or another landlord takes advantage of the ignorance or lack of alternatives of the exploited victims and makes substantial profits from this. Another landlord does not have to be part of the criminal infrastructure of the traffickers. It is sufficient that the landlord takes advantage of the predicaments that the traffickers have brought about.
Amendment 55 #
2022/0426(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The EU Strategy on Combatting Trafficking in Human Beings 2021-202529 sets out a policy response adopting a multi- disciplinary and comprehensive approach from prevention through protection of victims, to prosecution and conviction of traffickers. It included a series of actions to be implemented with the strong involvement of civil society organisations. In order to address evolving trends in the area of trafficking in human beings, as well as shortcomings identified by the Commission, and to further step up efforts against this crime, it is necessary, nevertheless, to amend Directive 2011/36/EU. Identified threats and trends, which require the adoption of new rules concern in particular regarding the modi operandi of traffickers, including the commission or facilitation of offences concerning trafficking in human beings by means of information and communication technologies. Identified shortcomings of the criminal law response requiring an adaptation of the legal framework relate to offences concerning trafficking in human beings committed in the interest of legal persons, to the data collection system, and to the national systems aimed at the early identification of, targeted and specialised assistance to and support for victims of trafficking and of the cooperation and coordination at EU level. _________________ 29 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Strategy on Combatting Trafficking in Human Beings 2021–2025, COM(2021) 171 final, 14.4.2021.
Amendment 70 #
2022/0426(COD)
(5) An increasing number of offences concerning trafficking in human beings is committed or facilitated by means of information or communication technologies. T leading to a sharp increase of victims exploited online. The online dimension has become a significant and growing threat in regards to trafficking in human beings as traffickers use the iInternet and social media inter alia toas a method to establish comprehensive trafficking networks, communicate with other traffickers, recruit, advertise or exploit victims, exercise control and organise transport and accommodations. Internet and social media are also used to distribute exploitative materials. Information technology also hampers timely and geographical detection of the crime and identification of the victims and perpetrators. It is therefore important to explicitly include the online dimension of the crime into the legal frameworkin all its aspects and the linkage between the online and offline dimension of the crime into the legal framework in all its dimensions and to address it from prevention to prosecution.
Amendment 74 #
2022/0426(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In combatting trafficking in human beings, full use is to be made of existing instruments on the freezing and confiscation of proceeds and instrumentalities of crime, such as Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on asset recovery and confiscation]30 . The use of frozen and confiscated instrumentalities and proceeds from the offences referred to in Directive 2011/36/EU to support victims’ assistance and protection, including compensation of victims, should be made a priority. Member States should, to that effect, establish a national victims fund based on the confiscated assets and Union trans- border law enforcement counter-trafficking activities, should be encouraged. _________________ 30 COM (2022) 245.
Amendment 82 #
2022/0426(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to enhance the national prevention capability to identify victims at an early stage, and to refer them to the appropriate and specialised protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation and coordination.
Amendment 85 #
2022/0426(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to ensure sufficient protection, support and assistance to potential victims of trafficking, it is necessary to ensure that victims are not charged with administrative or criminal offences or excluded from physical and psychological support measures because of their residence status.
Amendment 89 #
2022/0426(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) International protection and residence status applications are conditional on the cooperation of the victim with competent authorities to ensure sufficient incentives for collaboration leading to an effective investigation, thus addressing the cynical business of traffickers and ensuring an access point for law enforcement to combat trafficking networks.
Amendment 90 #
2022/0426(COD)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) Given that 3 out of 4 trafficking cases concern women and that women and men are often trafficked for different purposes, it is important to have a gender- specific approach where appropriate in regards to support and assistance measures.
Amendment 105 #
2022/0426(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The collection of accurate and coherent data and the timely publication of collected data and statistics are fundamental to ensure full knowledge on the scope of trafficking in human beings within the Union. Introducing a requirement for Member States in cooperation with relevant EU Agencies to collect and report to the Commission statistical data on trafficking in human beings every year in a harmonised way is expected to constitute a relevant step to enhance the general understanding of the phenomenon and to ensure the adoption of data- informed policies and strategies. Due to the importance of having up-to-date statistical data as soon as possible it is appropriate to determine the date of the application of the article on data collection at the earliest point in time, which is the entry into force of this Directive.
Amendment 107 #
2022/0426(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) In the light of the Stockholm Programme and with a view to developing a consolidated Union strategy against trafficking in human beings aimed at further strengthening the commitment of, and efforts made, by the Union and the Member States to prevent and combat such trafficking, Member States should, in order to commend the good work done by the EU Anti-Trafficking Coordinator in coordinating the EU’s response to trafficking in human beings and developing knowledge and findings on the various aspects of trafficking in human beings, including research into the gender dimension and the particular vulnerability of children, facilitate the tasks of an anti- trafficking coordinator, which may include for example improving coordination and coherence, avoiding duplication of effort, between Union institutions and related agencies as well as between Member States and inter-national actors, contributing to the development of existing or new Union policies and strategies relevant to the fight against trafficking in human beings or reporting to the Union institutions.
Amendment 139 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Directive 2011/36/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
In Article 2, paragraph 3 is replaced by the following: "3. Exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs. It shall also include cases of in-person interaction and intimate acts committed remotely through the misuse of information and communication technologies." Or. en (32011L0036)
Amendment 164 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/36/EU
Article 7 – Paragraph 2 (new)
Article 7 – Paragraph 2 (new)
In article 7, the following paragraph is added: 1. Member States shall take the necessary measures to ensure that their competent authorities are entitled to trace, freeze, manage and confiscate, in accordance with Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on asset recovery and confiscation]32 , the proceeds derived from, and instrumentalities used or intended to be used for the commission, or contribution to the commission, of the offences referred to in this Directive. 2. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to reverse the burden of proof in order to facilitate the freezing and confiscation in cases referred to in Articles 2 and 3. _________________ 32 COM (2022) 245.
Amendment 170 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2011/36/EU
Article 8
Article 8
(3a) Article 8 is replaced by the following: "1. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that the appointed competent national authorities are entitled not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in criminal activities which they have been compellexploited into committing as a direct consequence of being subjected to any of the acts referred to in Article 2. 2. In accordance with the principle of non-discrimination, the principle of protection of victims and the right to effective access to justice, Member States shall ensure support and prevention measures apply to all victims in order to avoid their re-victimisation. 3. Member States shall support a close cooperation between law enforcement authorities and competent non-governmental organizations, particularly those which have already a trusted link with European and national law enforcement agencies, in order to support a linkage between victims and law enforcement with regards to the significance of the testimony of victims and their willingness to cooperate for the prosecution of any act referred to in Article 2 and 3." Or. en (https://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)
Amendment 171 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
Directive 2011/36/EU
Article 8
Article 8
in Article 8, the following paragraphs are added: "1. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in criminal activities which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 2. 2. Member States shall take the necessary measures to ensure that the competent national authorities take decisions referred to in paragraph 1 depending on the efficient cooperation of the victim in the criminal investigation, prosecution or trial, if this conditionality is considered necessary for the prosecution by the competent authorities. 3. In accordance with the principle of non-discrimination, the principle of protection of victims and the right to effective access to justice, Member States shall ensure support and prevention measures apply to all victims in order to avoid their re-victimisation. 4. Member States shall support a close cooperation between law enforcement authorities and competent non-governmental organizations, which have already an established trustful link with European and national law enforcement agencies, in order to support a linkage between victims and law enforcement with regards to the significance of the testimony of victims and their willingness to cooperate for the prosecution of any act referred to in Article 2 and 3." Or. en (32011L0036)
Amendment 177 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 c (new)
Article 1 – paragraph 1 c (new)
Directive 2011/36/EU
Article 9
Article 9
Article 9 is replaced by the following: "1. Member States shall ensure that investigation into or prosecution of offences referred to in Articles 2 and 3 is not dependent on reporting or accusation by a victim or their legal representative and that criminal proceedings may continue even if the victim has withdrawn his or her statement or formal accusation. 2. Member States shall take the necessary measures to enable, where the nature of the act calls for it, the prosecution of an offence referred to in Articles 2 and 3 for a sufficient period of time after the victim has reached the age of majority. 3. Member States shall take the necessary measures to ensure that persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 2 and 3 are trained accordingly. , in a gender sensitive way. 4. Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 2 and 3. 5. Member States shall take the necessary measures to ensure that penalties caused by an offence referred to in Articles 2 and 3 are reduced in case of a user’s voluntary willingness to cooperate in the investigation. 6. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties for an offence referred to in Article 18a (1), if the accused person is cooperating with the authorities and the testimony given is of substantial value for the prosecution of offences referred to in Articles 2 and 3." Or. en (32011L0036)
Amendment 182 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 d (new)
Article 1 – paragraph 1 d (new)
Directive 2011/36/EU
Article 11 – paragraph 1
Article 11 – paragraph 1
In Article 11, paragraph 1 is replaced by the following: "1. Member States shall take the necessary measures to ensure that assistance and support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Framework Decision 2001/220/JHA, and in this Directive. in a child and gender sensitive approach. This assistance and support should be available even if the victim does not want to pursue charges." Or. en (32011L0036)
Amendment 183 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2011/36/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
(4a) In Article 11, paragraph 2 is replaced by the following: "2. Member States shall take the necessary measures to ensure that a person is provided with the necessary specialised physical and psychological assistance and support as soon as the competent authorities have a reasonable-grounds indication for believing that the person might have been subjected to any of the offences referred to in Articles 2 and 3. lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)All victims must be referred to the necessary specialised victims’ supports services in order to conduct an individual assessment on their needs." Or. en (https://eur-
Amendment 184 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 e (new)
Article 1 – paragraph 1 e (new)
Directive 2011/36/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
In Article 11, paragraph 2 is replaced by the following: "2. Member States shall take the necessary measures to ensure that a person is provided with specialised physical and psychological assistance and support as soon as the competent authorities have a reasonable-grounds indication for believing that the person might have been subjected to any of the offences referred to in Articles 2 and 3. " Or. en (32011L0036)
Amendment 197 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. In Article 11, the following paragraph is inserted: Member States shall ensure that victims of human trafficking can claim international protection or similar forms of protection provided by national legislation where the willingness of victims to cooperate with national law enforcements is sufficiently assessed.
Amendment 201 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)
Article 1 – paragraph 1 – point 4 c (new)
Directive 2011/36/EU
Article 11– paragraph 5
Article 11– paragraph 5
(4c) Article 11– paragraph 5 is replaced by the following: "5. The assistance and support measures referred to in paragraphs 1 and 2 shall be provided on a consensual and informed basis, and shall include at least standards of living capable of ensuring victims’ subsistence through measures such as the provision of appropriate and safe accommodation and material assistance, as well as necessary medical treatment including psychological assistance, counselling and information, and translation and interpretation services where appropriate. Support measures are also necessary for protection to be adequately afforded to those child victims who go through adoption and welfare services." Or. en (https://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)
Amendment 202 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 f (new)
Article 1 – paragraph 1 f (new)
Directive 2011/36/EU
Article 11 – paragraph 5
Article 11 – paragraph 5
In Article 11, paragraph 5 is replaced by the following: "5. The assistance and support measures referred to in paragraphs 1 and 2 shall be provided on a consensual and informed basis, and shall include at least standards of living capable of ensuring victims’ subsistence through measures such as the provision of appropriate and safe accommodation and material assistance, as well as necessary medical treatment including psychological assistance, counselling and information, and translation and interpretation services where appropriate. , together with providing the resources for their economic and social recovery through access to training and employment. As for child victims, they should have access to specialised child protection and support services, including child friendly shelters and facilities." Or. en (32011L0036)
Amendment 205 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 d (new)
Article 1 – paragraph 1 – point 4 d (new)
Directive 2011/36/EU
Article 11– paragraph 7
Article 11– paragraph 7
(4d) In Article 11– paragraph 7 is replaced by the following: "7. Member States shall attend to victims with special needs, where those needs derive, in particular, from whether they are pregnant, their health, a disability, a mental or psychological disorder they have, or a serious form of psychological, physical or sexual violence they have suffered. lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)All psychological and physical assistance and support offered should therefore have a gender-specific and child sensitive approach where applicable, in order to appropriately protect the physical and mental wellbeing of victims." Or. en (https://eur-
Amendment 210 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 e (new)
Article 1 – paragraph 1 – point 4 e (new)
Directive 2011/36/EU
Article 12 – paragraph 2
Article 12 – paragraph 2
(4e) In Article 12, paragraph 2 is replaced by the following: "2. Member States shall ensure that victims of trafficking in human beings have access without delay to legal counselling, and, in accordance with the role of victims in the relevant justice system, to legal representation, including for the purpose of claiming compensation. Legal counselling and legal representation shall be free of charge where the victim does not have sufficient financial resources. and be provided in a language that the victim can reasonably understand." Or. en (https://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)
Amendment 219 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 g (new)
Article 1 – paragraph 1 g (new)
Directive 2011/36/EU
Article 16 – paragraph 1
Article 16 – paragraph 1
In Article 16, paragraph 1 is replaced by the following: "1. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims of trafficking in human beings, as referred to in Article 14(1), take due account of the personal and special circumstances of the unaccompanied child victim. Law enforcement authorities should be adequately trained for assisting and supporting unaccompanied minors." Or. en (32011L0036)
Amendment 221 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 h (new)
Article 1 – paragraph 1 h (new)
Directive 2011/36/EU
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 229 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2011/36/EU
Article 18 – paragraph 1
Article 18 – paragraph 1
(6a) Article 18 – paragraph 1 is replaced by the following: "1. Member States shall take appropriateallocate the necessary measures, such as education and training to staff in all relevant sectors, as well as dedicated campaigns aimed to target potential users, traffickers, buyers and sellers, to discourage and reduce the supply and demand that fosters all forms of exploitation related to trafficking in human beings. " Or. en (https://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)
Amendment 230 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 i (new)
Article 1 – paragraph 1 i (new)
Directive 2011/36/EU
Article 18 – paragraph 1
Article 18 – paragraph 1
In Article 18, paragraph 1 is replaced by the following: "1. Member States shall take appropriate measures, such as education and training, with a specific attention to the online dimension, to discourage and reduce the demand that fosters all forms of exploitation related to trafficking in human beings. " Or. en (32011L0036)
Amendment 233 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 j (new)
Article 1 – paragraph 1 j (new)
Directive 2011/36/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
In Article 18, paragraph 2 is replaced by the following: "2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research and education programmes, for potential victims, specifically targeted at women and girls and potential users, promotion of digital literacy and skills, in a gender sensitive and child friendly way and where appropriate in cooperation with relevant civil society organisations and other stakeholders such as online platforms, aimed at raising awareness and reducing the risk of people, especially children, becoming victims of trafficking in human beings. " Or. en (32011L0036)
Amendment 235 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
Directive 2011/36/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 239 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 c (new)
Article 1 – paragraph 1 – point 6 c (new)
Directive 2011/36/EU
Article 18 – paragraph 3
Article 18 – paragraph 3
(6c) Article 18 – paragraph 3 is replaced by the following: "3. Member States shall promote regular mandated training for officials likely to come into contact with victims or potential victims of trafficking in human beings, including front-line police officers, welfare officers, social workers and hospital workers aimed at enabling them to identify and deal with victims and potential victims of trafficking in human beings. lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)" Or. en (https://eur-
Amendment 240 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 k (new)
Article 1 – paragraph 1 k (new)
Directive 2011/36/EU
Article 18 – paragraph 3
Article 18 – paragraph 3
In Article 18, paragraph 3 is replaced by the following: "3. Member States shall promote regular specialised training for officials likely to come into contact with victims or potential victims of trafficking in human beings, including front-line police officers, judges, welfare officers, social workers and hospital workers aimed at enabling them to identify and deal with victims and potential victims of trafficking in human beings. " Or. en (32011L0036)
Amendment 251 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18 a – paragraph 1
Article 18 a – paragraph 1
1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall take the necessary measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2, with the knowledge that the person is a victim of an offence referred to in Article 2.
Amendment 270 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2011/36/EU
Article 19
Article 19
(7a) Article 19 is replaced by the following: "Member States shall swiftly take the necessary measures to establish national rapporteurs or equivalent mechanisms. The tasks of such mechanisms shall include the carrying out of assessments of trends in trafficking in human beings, the measuring of results of anti-trafficking actions, including the gathering of statistics in close cooperation with relevant civil society organisations active in this field, and reporting. lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:en:PDF)Coordination between all relevant actors, including health services, social workers and police officers is necessary to ensure that the relevant data is collected accurately." Or. en (https://eur-
Amendment 271 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 l (new)
Article 1 – paragraph 1 l (new)
Directive 2011/36/EU
Article 19
Article 19
Article 19 is replaced by the following: "Member States shall take the necessary measures to establish national rapporteurs or equivalent mechanisms. The tasks of such mechanisms shall include the carrying out of assessments of trends in trafficking in human beings, the measuring of results of anti-trafficking actions, including the gathering of statistics in close cooperation with relevant civil society organisations active in this field, and reporting. The information and data shall be collected in cooperation with the relevant EU agencies to ensure efficient cross-border collaboration." Or. en (32011L0036)
Amendment 274 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 1 a (new)
Article 19 a – paragraph 1 a (new)
1a. The data collection shall be done in cooperation with relevant EU agencies.
Amendment 293 #
2022/0426(COD)
Proposal for a directive
Article 1 – paragraph 1 m (new)
Article 1 – paragraph 1 m (new)
Directive 2011/36/EU
Article 20
Article 20
Article 20 is replaced by the following: "In order to contribute to a coordinated and consolidated Union strategy against trafficking in human beings, Member States shall facilitate the tasks of an anti- trafficking coordinator (ATC). In particular, Member States shall transmit to the ATC the information referred to in Article 19, and the data referred to in 19a, on the basis of which the ATC shall contribute to reporting carried out by the Commission every two years on the progress made in the fight against trafficking in human beings. " Or. en (32011L0036)
Amendment 49 #
2022/0398(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The effective application of Union restrictive measures calls for common criminal definitions of conduct infringing Union restrictive measures. Member States should ensure that this conduct constitutes a criminal offence when committed with intent as well as with seriougross negligence, in case the natural or legal person knew or should have known, that their conduct would infringe Union restrictive measures.
Amendment 59 #
2022/0398(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Legal professionals, as defined by the Member States, should be subject to this Directive, including the obligation to report the violation of Union restrictive measures, when providing services in the context of professional activities, such as legal, financial and trade services. Experience shows that there is a clear risk of the services of those legal professionals being misused for the purpose of violating Union restrictive measures. There should, however, be exemptions from any obligation to report information which is obtained in strict connection with judicial, administrative or arbitral proceedings, whether before, during or after judicial proceedings, or in the course of ascertaining the legal position of a client. Therefore, legal advice in those circumstances should remain subject to the obligation of professional secrecy, except where the legal professional is taking part in the violation of Union restrictive measures, or the legal advice is provided for the purposes of violating Union restrictive measures, or the legal professional knows that the client is seeking legal advice for the purposes of violating Union restrictive measures. Knowledge can be inferred from objective factual circumstances.
Amendment 138 #
2022/0398(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) The conduct referred to in paragraph 2, points (a) to (g) shall constitute a criminal offence also if committed with seriougross negligence.
Amendment 142 #
2022/0398(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
(5) Nothing in paragraph 2 shall be understood as imposing an obligation on legal professionals to report information which is obtained in strict connection with judicial, administrative or arbitral proceedings, whether before, during or after judicial proceedings, or in the course of ascertaining the legal position of a client. Legal advice in those circumstances shall be protected by professional secrecy, except where the legal professional is taking part in the violation of Union restrictive measures, or the legal advice is provided for the purposes of violating Union restrictive measures, or the legal professional knows that the client is seeking legal advice for the purposes of violating Union restrictive measures.
Amendment 164 #
2022/0398(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3(2), points (h)(iii), (iv) and (v), are punishable by a maximum penalty of at least one year of imprisonment when they involve funds or economic resources of a value of at least EUR 1 000 000. Member States shall ensure that the threshold of EUR 1 000 000 or more may also be met through a series of linked offences referred to in Article 3(2), points (h)(iii), (iv) and (v), when committed by the same offender.
Amendment 169 #
2022/0398(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
(4) Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3(2), points (a) to (g), (h)(i) and (ii), and point (i), are punishable by a maximum penalty of at least five years of imprisonment when they involve funds or economic resources of a value of at least EUR 1 000 000. Member States shall ensure that the threshold of EUR 1 000 000 or more may also be met through a series of linked offences referred to in Article 3(2), points (a) to (g), (h)(i) and (ii), and point (i), by the same offender.
Amendment 172 #
2022/0398(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
(5) Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3 and 4 may be subject to additional penalties. Those additional penalties shall include fines. The maximum fines shall amount to at least EUR 10 000 000 where those offences involve funds or economic resources of a value of at least EUR 1 000 000
Amendment 236 #
2022/0396(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. In addition to the labelling requirements laid down in Article 11, Member States may provide for further labelling requirements, for the purpose of identifying the extended producer responsibility scheme or a deposit and return system other than those referred to in Article 44(1). This does not apply to micro-enterprises as defined in Article 22(3), first half-sentence.
Amendment 357 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
For reusable packaging, the assessment of compliance with the requirements set out in paragraph 1 shall take into account the function of reusable packaging as referred to in Article 10. Micro-enterprises as defined in Article 22(3) first half-sentence are exempt from the obligations in this paragraph.
Amendment 360 #
2022/0396(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Compliance with the requirements set out in paragraph 1 shall be demonstrated in the technical information concerning the packaging referred to in Annex VII. Micro-enterprises as defined in Article 22(3) first half-sentence are exempt from the obligations in this paragraph.
Amendment 369 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
Where Union legislation requires information on the packaged product to be provided via a data carrier, a single data carrier shall be used for providing the information required for both the packaged product and the packaging. The obligations referred to in paragraphs 1 to 3 shall not apply to micro-enterprises as defined in Article 22(1), first half- sentence.
Amendment 372 #
2022/0396(COD)
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
(9a) The obligations referred to in paragraphs 1 to 9 shall not apply to micro-enterprises as defined in Article 22(3), first half-sentence.
Amendment 375 #
2022/0396(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) the manufacturer and the importer have complied with the requirements set out in Article 13(5) and (6) and Article 16(3) respectively. These inspection obligations do not apply to micro- enterprises as defined in Article 22(3), 1st half-sentence.
Amendment 555 #
2022/0396(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Producers shall be obliged to register in the register referred to in paragraph 1. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market for the first time. Micro-enterprises as defined in Article 22(3) first half-sentence 1 are exempted. Where a producer has appointed a producer responsibility organisation as referred to in Article 41(1), the obligations set out in this Article shall be met by that organisation, unless otherwise specified by the Member State in which the register is established.
Amendment 584 #
2022/0396(COD)
Proposal for a regulation
Article 49 – paragraph 3 a (new)
Article 49 – paragraph 3 a (new)
(3a) Micro-enterprises as defined in Article 22(3) first half-sentence are exempt from the obligations set forth in paragraphs 1 to 3.
Amendment 104 #
2022/0196(COD)
Proposal for a regulation
–
–
The Committee on [Agriculture and Rural Development] calls on the Committee on [the Environment, Public Health and Food Safety], as the committee responsible, to propose rejection of the [The sustainable use of plant protection products and amending Regulation (EU) 2021/2115].
Amendment 274 #
2022/0196(COD)
Proposal for a regulation
–
–
– The European Parliament rejects the Commission proposal.
Amendment 317 #
2022/0196(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down rules for the sustainable use of plant protection products by providing for the setting, and achievement by 2030[OP: please insert the date – 10 years after the date of application of this Regulation], of reduction targets for the use and risk of chemical plant protection products, establishing requirements for use, storage, sale and disposal of plant protection products and for application equipment, providing for training and awareness raising, and providing for implementation of integrated pest management.
Amendment 366 #
2022/0196(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
Amendment 376 #
2022/0196(COD)
Amendment 389 #
2022/0196(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16 – point c
Article 3 – paragraph 1 – point 16 – point c
Amendment 394 #
2022/0196(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16 – point d
Article 3 – paragraph 1 – point 16 – point d
Amendment 398 #
2022/0196(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16 – point e
Article 3 – paragraph 1 – point 16 – point e
Amendment 404 #
2022/0196(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16 – point f
Article 3 – paragraph 1 – point 16 – point f
Amendment 451 #
2022/0196(COD)
Proposal for a regulation
Article 4 – title
Article 4 – title
Union 2030[OP: please insert the date – 10 years after the date of application of this Regulation] reduction targets for chemical plant protection products
Amendment 463 #
2022/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 487 #
2022/0196(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Member States 2030 [OP: please insert the date – 10 years after the date of application of this Regulation] reduction targets for chemical plant protection products
Amendment 494 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – introductory part
Article 5 – paragraph 1 – subparagraph 1 – introductory part
By … [OP: please insert the date – 612 months after the date of application of this Regulation] each Member State shall adopt national targets in its national legislation to achieve by 2030[OP: please insert the date – 10 years after the date of application of this Regulation] a reduction, set in accordance with this Article, from the average of the years 20151, 20162 and 20173, of the following:
Amendment 507 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
Article 5 – paragraph 1 – subparagraph 1 – point a
(a) the use and risk of chemical plant protection products as defined in Annex I (‘national 2030 reduction targetwith a flexibility of 10% (‘national [OP: please insert the date – 10 years after the date of application of this Regulation] target range 1’);
Amendment 513 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
Article 5 – paragraph 1 – subparagraph 1 – point b
(b) the use of more hazardous plant protection products as defined in Annex I (‘national 2030 reduction targetwith a flexibility of 10% (‘national [OP: please insert the date – 10 years after the date of application of this Regulation] target range 2’).
Amendment 521 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
For the purposes of this Regulation, the two national reduction targets listed in points (a) and (b) of the first subparagraph, are collectively referred to as the ‘national 2030[OP: please insert the date – 10 years after the date of application of this Regulation] reduction targets’.
Amendment 528 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 536 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 567 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 1
Article 5 – paragraph 5 – subparagraph 1
A Member State may reduce its national target for the use and risk of chemical plant protection products referred to in paragraph 4 to a percentage that is a mid-point between the figure related to intensity as laid down in the second subparagraph of this paragraph and the figure related to the use and risk as laid down in the third subparagraph of this paragraph. Where that percentage is higher than 50%, the Member State shall increase its national target to that percentage.
Amendment 577 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 2 – point a
Article 5 – paragraph 5 – subparagraph 2 – point a
Amendment 584 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 2 – point b
Article 5 – paragraph 5 – subparagraph 2 – point b
(b) 50% where a Member State’s weighted intensity of use and risk of chemical plant protection products during the average of the years 20151, 20162 and 20173 is between 70% and 140% of the Union average;
Amendment 594 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 2 – point c
Article 5 – paragraph 5 – subparagraph 2 – point c
(c) 65% where a Member State’s weighted intensity of use and risk of chemical plant protection products during the average of the years 20151, 20162 and 20173 is more than 140% of the Union average.
Amendment 600 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 3 – point a
Article 5 – paragraph 5 – subparagraph 3 – point a
(a) where a Member State has achieved a greater reduction in the use and risk of chemical plant protection products than the Union average between the average of the years 2011, 2012 and 2013 and the average of the years 2015, 2016 and 2017, a figure that is established by subtracting from 50% the difference between the reduction achieved and the Union average reduction;
Amendment 607 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 3 – point b
Article 5 – paragraph 5 – subparagraph 3 – point b
(b) where a Member State has increased the use and risk of chemical plant protection products, or has made a smaller reduction than the Union average between the average of the years 2011, 2012 and 2013 and the average of the years 2015, 2016 and 2017, a figure that is established by adding to 50% the difference between the reduction or, as applicable, increase achieved and the Union average reduction, but without surpassing 70%.
Amendment 610 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 4
Article 5 – paragraph 5 – subparagraph 4
Amendment 616 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
A Member State may reduce its national target for the use of the more hazardous plant protection products referred to in paragraph 4 to a percentage that is a mid- point between the figure related to intensity as laid down in the second subparagraph of this paragraph and the figure related to use as laid down in the third subparagraph of this paragraph. Where that percentage is higher than 50%, the Member State shall increase its national target to that percentage.
Amendment 624 #
2022/0196(COD)
(a) 35% where a Member State’s intensity of use of the more hazardous plant protection products during the average of the years 20151, 20162 and 20173 is less than 70% of the Union average;
Amendment 633 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 2 – point b
Article 5 – paragraph 6 – subparagraph 2 – point b
(b) 50% where a Member State’s intensity of use of the more hazardous plant protection products during the average of the years 20151, 20162 and 20173 is between 70% and 140% of the Union average;
Amendment 643 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 2 – point c
Article 5 – paragraph 6 – subparagraph 2 – point c
(c) 65% where a Member State’s intensity of use of the more hazardous plant protection products during the average of the years 20151, 20162 and 20173 is more than 140% of the Union average.
Amendment 647 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 3 – point a
Article 5 – paragraph 6 – subparagraph 3 – point a
(a) where a Member State has achieved a greater reduction in the use of the more hazardous plant protection products than the Union average between the average of the years 2011, 2012 and 2013 and the average of the years 2015, 2016 and 2017, a figure that is established by subtracting from 50% the difference between the reduction achieved and the Union average reduction;
Amendment 654 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 3 – point b
Article 5 – paragraph 6 – subparagraph 3 – point b
(b) where a Member State has increased the use of the more hazardous plant protection products, or has made a smaller reduction than the Union average between the average of the years 2011, 2012 and 2013 and the average of the years 2015, 2016 and 2017, a figure that is established by adding to 50% the difference between the reduction or, as applicable, increase achieved and the Union average reduction, but without surpassing 70%.
Amendment 657 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 4
Article 5 – paragraph 6 – subparagraph 4
Amendment 662 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 671 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
Amendment 678 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 9
Article 5 – paragraph 9
Amendment 686 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 10
Article 5 – paragraph 10
(10.) If a Member State fails to adopt a national 2030 reduction targettarget range for [OP: please insert the date – 10 years after application of this Regulation], by … [OJ: please insert the date – 6 months after the date of application of this Regulation], that target shall be deemed to be either 50%; or, where the percentage would be above 50% in accordance with paragraph 5 or paragraph 6, that higher percentage.
Amendment 697 #
2022/0196(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 704 #
2022/0196(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 710 #
2022/0196(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 717 #
2022/0196(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 728 #
2022/0196(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 733 #
2022/0196(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 742 #
2022/0196(COD)
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 755 #
2022/0196(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Publication of Union and national 2030 reduction tartrends in Union reduction targets and national target rangets trends by the Commission for ... [OP: please insert the date - 10 years after the date of application of this Regulation]
Amendment 760 #
2022/0196(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 769 #
2022/0196(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 783 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point a
Article 8 – paragraph 1 – subparagraph 1 – point a
Amendment 793 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point b
Article 8 – paragraph 1 – subparagraph 1 – point b
Amendment 799 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point c
Article 8 – paragraph 1 – subparagraph 1 – point c
Amendment 805 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point d
Article 8 – paragraph 1 – subparagraph 1 – point d
Amendment 835 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point i
Article 8 – paragraph 1 – subparagraph 1 – point i
(i) other planned and adopted measures to support, or ensure through binding requirements laid down in national law, the sustainable use of plant protection products in line with integrated pest management principles, including those contained in crop-specific rules as set out in Article 15(1).
Amendment 850 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 4
Article 8 – paragraph 1 – subparagraph 4
Amendment 857 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 5
Article 8 – paragraph 1 – subparagraph 5
Amendment 864 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 868 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 869 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 874 #
Amendment 881 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 886 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 889 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 893 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 896 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 907 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 912 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 919 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 923 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 925 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
Amendment 929 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
Amendment 933 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 937 #
2022/0196(COD)
Proposal for a regulation
Article 10
Article 10
Annual progress and implementation 1. By 31 August every year, but not sooner than [OP: please insert the date – 30 months after the date of application of this Regulation], each Member State shall submit to the Commission an annual progress and implementation report containing the information listed in Annex II. 2. The annual progress and implementation report shall include: (a) all trends in progress towards achieving the national 2030 reduction targets as set out in Part 1 of Annex II, calculated in accordance with the methodology set out in Annex I as the difference between the average of the years 2015-2017 and the year ending 20 months prior to the publication; (b) all trends in progress towards achieving national indicative targets set out in Article 9(2), point (a), Article 9(3), point (a), and Article 9(4) ), calculated annually as the difference between the extent of use in the 3 calendar years preceding the adoption of the national action plan in accordance with Article 9(1) and the calendar year ending 20 months prior to the publication of the relevant annual progress and implementation report; (c) all other quantitative data in relation to implementation of this Regulation as set out in Part 2 of Annex II; (d) the outcome of the evaluation of the results of each harmonised risk indicator carried out in accordance with Article 36(1); (e) all trends in progress towards achieving an increase in the utilised agricultural area under organic farming referred to in Article 8(1), point (d). 3. Each Member State shall publish its annual progress and implementation report on a website and inform the Commission thereof. 4. The Commission may request a Member State to include further details in its annual progress and implementation report. Within 2 months of receipt of the Commission’s request, the Member State concerned shall respond to the request and shall publish its response on the website referred to in paragraph 3. 5. The Commission shall publish annual progress and implementation reports of the Member States on a website. 6. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending Annex II in order to take into account data relevant to the sustainable use of plant protection products.rticle 10 deleted reports
Amendment 940 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 944 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 947 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Amendment 955 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 958 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
Amendment 960 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
Amendment 961 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
Amendment 964 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 969 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Amendment 972 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Amendment 974 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 977 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
Amendment 984 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 988 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 992 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
Amendment 997 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 998 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 1003 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 1006 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 1009 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point a
Article 11 – paragraph 5 – point a
Amendment 1010 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point b
Article 11 – paragraph 5 – point b
Amendment 1012 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 1018 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
Amendment 1029 #
2022/0196(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) by applying Article 13the integrated pest management framework where no crop- specific rulguidelines have been adopted for the relevant crop and area in accordance with Article 15 by the Member State in which they operate;
Amendment 1034 #
2022/0196(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) by applying crop-specific rulguidelines adopted by the Member State in which they operate for the relevant crop and area in accordance with Article 15 and performing the actions set out in Article 13(8).
Amendment 1044 #
2022/0196(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Advisors shall provide advice that is consistent with the applicable crop- specific rulguidelines and with integrated pest management.
Amendment 1050 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 1069 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 – introductory part
Article 13 – paragraph 2 – subparagraph 1 – introductory part
Amendment 1092 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Where a professional user has not appliedtaken up, in the plan, a measure listed in the first subparagraph of this paragraph, the records referred to in Article 14(1) shall contain reasons thereofreasons for that shall be given. The plan shall be renewed every three years.
Amendment 1107 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. Professional users shall use biological controls, physical and other non- chemical methods. Professional users mayshall only use chemical methods if they are necessary to achieve acceptable levels of harmful organism control afterif all other non- chemical methods as set out in paragraphs 1, 2 and 3 have been exhausted and whereor any of the following conditions has been satisfied:
Amendment 1118 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) where justified by a decision- support system, or by an advisor who meets the conditions laid down in Article 23, the professional user decides, by way of a recorded decision, to use chemical plant protection products methods for preventative reasons.
Amendment 1121 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 1132 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 6 – point b
Article 13 – paragraph 6 – point b
Amendment 1133 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 6 – point d
Article 13 – paragraph 6 – point d
Amendment 1135 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 2
Article 13 – paragraph 7 – subparagraph 2
Amendment 1137 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
Amendment 1150 #
2022/0196(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 1164 #
2022/0196(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 1169 #
2022/0196(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. A professional user shall enter an electronic record of each application of a plant protection product under Article 67 of Regulation (EC) No 1107/2009 in the electronic integrated pest management and plant protection product use register referred to in Article 16. A professional user shall also enter an electronic record specifying whether the application was done by aerial or land- based equipment. In the case of aerial application, a professional user shall specify the type of equipment used.
Amendment 1173 #
2022/0196(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. In order to ensure a uniform structure of the entries to be made by professional users in the electronic integrated pest management and plant protection product use register in accordance with paragraphs 1, 2 and 3, the Commission may, by means of implementing acts, adopt a standard template for such entries. Any such template shall include fields for inputting records that need to be kept in accordance with Article 67 of Regulation (EC) No 1107/2009 and shall require the use of a recognisable ID. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41(2).
Amendment 1182 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall adopt agronomic requirements based on integrated pest management controls that must be adhered to when growing or storing a particular crop and are designed to ensure that chemical crop protection is only used after all other non-chemical methods have been exhausted and when a threshold for intervention is reached (‘crop-specific rulguidelines’). The crop-specific rulguidelines shall implementtemise the principles of integrated pest management, set out in Article 13, for the relevant crop and be set out in a binding legal act.
Amendment 1190 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member States shall establish appropriate incentives to prompt professional users to implement crop- or sector-specific guidelines for integrated pest management on a voluntary basis. Public authorities or organisations representing particular professional users may draw up such guidelines. Member States shall refer to those guidelines that they consider relevant and appropriate in their National Action Plans.
Amendment 1196 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Each Member State shall designate a competent authority responsible for ensuring that the crop-specific rulguidelines are scientifically robust and comply with this Article.
Amendment 1197 #
2022/0196(COD)
Amendment 1208 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 1222 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 1232 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 6 – introductory part
Article 15 – paragraph 6 – introductory part
6. The crop-specific rulguidelines shall convertidentify, for individual crops, the requirements of integrated pest management laid down in Article 13 into verifiable criteria by, among others, spec, clarifying the following inter alia:
Amendment 1241 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 6 – point b
Article 15 – paragraph 6 – point b
(b) the non-chemical interventions involving cultural, physical and biological control which are effective against the harmful organisms referred to in point (a) and qualitative criteria or conditions under which these interventions are tomay be made;
Amendment 1243 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 6 – point c
Article 15 – paragraph 6 – point c
Amendment 1250 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 6 – point d
Article 15 – paragraph 6 – point d
Amendment 1256 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 6 – point e
Article 15 – paragraph 6 – point e
Amendment 1272 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 6 – point f
Article 15 – paragraph 6 – point f
(f) the measurable criteria or conditions under which more hazardous plant protection products may bare used after all other means of control that do not require the use of chemical plant protection products have been exhausted.;
Amendment 1287 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. Each Member State shall review its crop-specific rules annuallyguidelines every three years and update them where necessary, including when it is needed to reflect changes in the availability of harmful organism control tools.
Amendment 1289 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
Amendment 1301 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
Amendment 1312 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 10
Article 15 – paragraph 10
(10.) A Member State with significant climatic or agronomic differences between regions, shall adopt crop-specific rulguidelines for each of those regions.
Amendment 1315 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 11
Article 15 – paragraph 11
(11.) Each Member State shall publish all of its crop-specific rulguidelines on a single website.
Amendment 1321 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 13
Article 15 – paragraph 13
(13.) By … [OP: please insert the date = the first day of the month following 7 years after the date of entry into force of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the adoption and enforcement ofsubmission of the crop- specific rulguidelines in the Member States and the compliance of those rulguidelines with Article 15.
Amendment 1325 #
2022/0196(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Electronic integrated pest management and plant protection product use register
Amendment 1329 #
2022/0196(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
Each Member State shall designate a competent authority or competent authorities to establish and maintain an electronic integrated pest management and plant protection product use register or registers.
Amendment 1333 #
2022/0196(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2 – introductory part
Article 16 – paragraph 1 – subparagraph 2 – introductory part
The electronic integrated pest management and plant protection product use register or registers shall contain all of the following information for a period of at least 3 years from date of entry:
Amendment 1335 #
2022/0196(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2 – point a
Article 16 – paragraph 1 – subparagraph 2 – point a
Amendment 1338 #
2022/0196(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2 – point b
Article 16 – paragraph 1 – subparagraph 2 – point b
Amendment 1343 #
2022/0196(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2 – point c
Article 16 – paragraph 1 – subparagraph 2 – point c
Amendment 1393 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 1404 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 1417 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 1426 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 1432 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 1444 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 7
Article 18 – paragraph 7
Amendment 1452 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 8
Article 18 – paragraph 8
Amendment 1471 #
2022/0196(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 1583 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Amendment 1593 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 1601 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 1607 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
Amendment 1613 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 1628 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 1638 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – point b
Article 25 – paragraph 4 – point b
Amendment 1647 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – point f
Article 25 – paragraph 4 – point f
Amendment 1672 #
Amendment 1675 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Each Member State shall designate a competent authority to establish, oversee and monitor the operation of a system of independenexpert advisors for professional users. That system may make use of the impartial farm advisors referred to in Article 15 of Regulation (EU) No 2021/2115, who must be regularly trained and can be funded under Article 78 of the same regulationshall comprise advisors trained in accordance with Article 25.
Amendment 1677 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 1684 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 1693 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. An expert advisor referred to in paragraph 3 shall provide strategic advice on the following subjects:
Amendment 1825 #
2022/0196(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 1837 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The methodology for calculating progress towards achieving the two Union 2030 reduction targets and the two national 2030 reduction targets until and including 2030... [OP: please insert the date – 10 years after the date of application of this Regulation] reduction targets and the two national ... [OP: please insert the date – 10 years after the date of application of this Regulation] corridor targets until and including ... [OP: please insert the date – 10 years after the date of application of this Regulation] is laid down in Annex I. This methodology shall be based on statistical data collected in accordance with Regulation (EC) No 1185/2009.
Amendment 1845 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Using the methodology set out in Annex I, the Commission shall calculate the results of progress towards achieving the two Union and two national 2030 reduction targets annually until and including 2030Union reduction targets and two national ... [OP: please insert the date – 10 years after the date of application of this Regulation] corridor targets annually until and including ... [OP: please insert the date – 10 years after the date of application of this Regulation] and publish those results on the website referred to in Article 7.
Amendment 1854 #
2022/0196(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex VI in order to take into account technical progress, including progress in the availability of statistical data, and scientific and agronomic developments. Such delegated acts may modify the existing harmonised risk indicators or provide for new harmonised risk indicators, which may take into account Member States’ progress towards achieving the target of having 25% of their utilised agricultural area devoted to organic farming by 2030 as referred to in Article 8(1), point (d).
Amendment 1858 #
2022/0196(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Each Member State shall evaluate the results of each calculation of (a) progress towards achieving each of the two national 2030 reduction... [OP: please insert the date – 10 years after the date of application of this Regulation] corridor targets as referred to in Article 34 and (b) harmonised risk indicators at Member State level, as referred to in Article 35, each time the calculations are performed.
Amendment 2158 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 2167 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 2172 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 2180 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 7
Article 18 – paragraph 7
Amendment 2186 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 8
Article 18 – paragraph 8
Amendment 2202 #
2022/0196(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 2324 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A distributor shall only sell a plant protection product authorised for professional use to a purchaser or his or her representative when that distributor has checked, at the time of purchase, that the purchaser or representative is a professional user and holds a training certificate for following courses for professional users issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
Amendment 2330 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where a purchaser is a legal person, a distributor may sell a plant protection product authorised for professional use to a representative of the purchaser of the plant protection product when that distributor has checked, at the time of purchase, that the representative is the holder of a training certificate for following courses for professional users issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
Amendment 2335 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 2344 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. Each distributor shall ensure that it has sufficient staff that hold a training certificate for following courses for distributors issued in accordance with Article 25 orand has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5) available at the time of sale to provide adequate responses to purchasers of plant protection products at the moment of sale on their use, related health and environmental risksthe necessary knowledge of the health and environmental risks relating to storage and handling and of the appropriate safety instructions to manage those risks.
Amendment 2348 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 2375 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Each Member State shall designate a competent authority or authorities responsible for the implementation of the system for the training and certification of all training referred to in paragraph 1 and, for issuing and renewing training certificates, updating the central electronic register, providing proof of entry in the central electronic register andand for overseeing that the tasks referred to in paragraph 1 are carried out by the body that provided the training.
Amendment 2384 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – point b
Article 25 – paragraph 4 – point b
Amendment 2393 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – point f
Article 25 – paragraph 4 – point f
Amendment 2422 #
Amendment 2423 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Each Member State shall designate a competent authority to establish, oversee and monitor the operation of a system of independenexpert advisors for professional users. That system may make use of the impartial farm advisors referred to in Article 15 of Regulation (EU) No 2021/2115, who must be regularly trained and can be funded under Article 78 of the same regulationshall comprise advisors trained in accordance with Article 25.
Amendment 2426 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 2433 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 2440 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
Amendment 2613 #
2022/0196(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 2638 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The methodology for calculating progress towards achieving the two Union 2030 reduction targets and the two national 2030 reduction targets until and including 2030... [OP: please insert the date – 10 years after the date of application of this Regulation] reduction targets and the two national ... [OP: please insert the date – 10 years after the date of application of this Regulation] corridor targets until and including ... [OP: please insert the date – 10 years after the date of application of this Regulation] is laid down in Annex I. This methodology shall be based on statistical data collected in accordance with Regulation (EC) No 1185/2009.
Amendment 2648 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Using the methodology set out in Annex I, the Commission shall calculate the results of progress towards achieving the two... Union reduction and two national 2030 reduction targets annually until and including 2030... [OP: please insert the dates – 10 years after the date of application of this Regulation] corridor targets annually until and including ... [OP: please insert the date – 10 years after the date of application of this Regulation] and publish those results on the website referred to in Article 7.
Amendment 2662 #
2022/0196(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex VI in order to take into account technical progress, including progress in the availability of statistical data, and scientific and agronomic developments. Such delegated acts may modify the existing harmonised risk indicators or provide for new harmonised risk indicators, which may take into account Member States’ progress towards achieving the target of having 25% of their utilised agricultural area devoted to organic farming by 2030 as referred to in Article 8(1), point (d).
Amendment 2676 #
2022/0196(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Each Member State shall evaluate the results of each calculation of (a) progress towards achieving each of the two national 2030 reduction... [OP: please insert the date – 10 years after the date of application of this Regulation] corridor targets as referred to in Article 34 and (b) harmonised risk indicators at Member State level, as referred to in Article 35, each time the calculations are performed.
Amendment 191 #
Amendment 193 #
2022/0195(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on nature restoration and development (Text with EEA relevance)
Amendment 203 #
2022/0195(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) It is necessary to lay down rules at Union level on the restoration of ecosystems to ensure the recovery and development to biodiverse and resilient nature across the Union territory. Restoring ecosystems also contributes to the Union climate change mitigation and climate change adaptation objectives.
Amendment 208 #
2022/0195(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The European Green Deal43 has set out an ambitious roadmap to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, aiming to protect, conserve and enhance the Union’s natural capital, and to protect the health and well- being of citizens from environment-related risks and impacts. The EU’s goals are to ensure food security in the face of climate change and biodiversity loss. As part of the European Green Deal, the Commission has adopted an EU Biodiversity Strategy for 203044 .source: https://commission.europa.eu/strategy- and-policy/priorities-2019- 2024/european-green-deal/agriculture- and-green-deal_en _________________ 43 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal, 11.12.2019 (COM (2019) 640 final). 44 Communication from the Commission to the European Parliament, the Council the European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030, Bringing nature back into our lives, 20.5.2020, COM(2020) 380 final.
Amendment 209 #
2022/0195(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Building on Directives 92/43/EEC and 2009/147/EC and in order to support the achievement of the objectives set out in those Directives, Member States should put in place restoration measures to ensure the recovery of protected habitats and species, including wild birds, across Union areas, also in areas that fall outsidein the EU’s Natura 2000. sites;
Amendment 214 #
2022/0195(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) To bring all actors involved in the implementation of the restoration targets on board, voluntary and participatory approaches should be given preference over regulatory measures;
Amendment 219 #
2022/0195(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In its resolution of 9 June 202149 , the European Parliament strongly welcomed the commitment to draw up a legislative proposal with binding nature restoration targets, and furthermore considered that in addition to an overall restoration target, ecosystem-, habitat- and species-specific restoration targets should be included, covering forests, grasslands, wetlands, peatlands, pollinators, free- flowing rivers, coastal areas and marine ecosystems. Russia's unprovoked invasion of Ukraine has triggered energy and food supply challenges, exacerbating existing food systems vulnerabilities, already weakened under the effect of climate change and the COVID 19 pandemic. Therefore, all objectives must be reviewed in relation to these events, with a special role for the guarantee of food safety. (https://www.europarl.europa.eu/thinktan k/en/document/EPRS_BRI(2022)733667) _________________ 49 European Parliament resolution of 9 June 2021 on the EU Biodiversity Strategy for 2030: Bringing nature back into our lives (2020/2273(INI)).
Amendment 222 #
2022/0195(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Deadlines should therefore be established for putting in place restoration measures within and beyond Natura 2000 sites, in order to gradually improve the condition of protected habitat types in Natura 2000 sites across the Union as well as to re- establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. In order to give the necessary flexibility to Member States to put in place large scale restoration efforts, it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. This will allow Member States to choose which habitats to restore first within the group.
Amendment 224 #
2022/0195(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In a two-way process, climate change is one of the main drivers of biodiversity loss, but destruction of ecosystems undermines nature’s ability to regulate greenhouse gas (GHG) emissions and protects against extreme weather, thus accelerating climate change and increasing vulnerability to it. This explains why the two crises must be tackled together with holistic policies that address both issues simultaneously and not in silos.
Amendment 228 #
2022/0195(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third should be under strict protection, including all remaining primary and old- growth forests. The criteria and guidance for the designation of additional protected areas by Member States51 (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. _________________ 51 Commission Staff Working Document Criteria and guidance for protected areas designations (SWD(2022) 23 final).
Amendment 230 #
2022/0195(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third4 % should be under strict protection, including all remaining primary and old- growth forests. The criteria and guidance for the designation of additional protected areas by Member States51 (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. _________________ 51 Commission Staff Working Document Criteria and guidance for protected areas designations (SWD(2022) 23 final).
Amendment 237 #
2022/0195(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) At the COP 15 the nations supported the 23 targets for 2030 in the landmark biodiversity agreement and to ensure that areas under agriculture, aquaculture, fisheries and forestry are managed sustainably, in particular through the sustainable use of biodiversity, including through a substantial increase of the application of biodiversity friendly practices, such as sustainable intensification, agroecological and other innovative approaches contributing to the resilience and long- term efficiency and productivity of these production systems and to food security, conserving and restoring biodiversity and maintaining nature’s contributions to people, including ecosystem functions and services . https://ec.europa.eu/commission/presscor ner/detail/en/ip_22_7834 https://prod.drupal.www.infra.cbd.int/sites /default/files/2022-12/221219-CBD- PressRelease-COP15-Final_0.pdf
Amendment 242 #
2022/0195(COD)
(13) It is appropriate to set an overarching objective for ecosystem restoration to foster economic and societal transformation, the creation of high-quality jobs and sustainable growth. Biodiverse ecosystems such as wetland, freshwater, forest as well as agricultural, sparsely vegetated, marine, coastal and urban ecosystems deliver, if in good condition, a range of essential ecosystem services, and the benefits of restoring degraded ecosystems to good condition and the sustainable agricultural activity and forest management in all land and sea areas far outweigh the costs of restoration. Those services contribute to a broad range of socio-economic benefits, depending on the economic, social, cultural, regional and local characteristics.
Amendment 248 #
2022/0195(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Member States should cooperate bilaterally and within regional and sub- regional cooperation mechanisms to protect biodiverse ecosystems especially if the ecosystems extend beyond the borders (cross border management). When ecosystems extend the borders of a Member State, national restoration and development plans should be extended to common regional restoration or development plans.
Amendment 249 #
2022/0195(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The United Nations Statistical Commission adopted the System of Environmental Economic Accounting - Ecosystem Accounting (SEEA EA)54 at its 52nd session in March 2021. SEEA EA constitutes an integrated and comprehensive statistical framework for organising data about habitats and landscapes, measuring the extent, condition and services of ecosystems, tracking changes in ecosystem assets, and linking this information to economic and other human activity. A reference to food security should be considered and included. _________________ 54 https://seea.un.org/sites/seea.un.org/files/d ocuments/EA/seea_ea_white_cover_final.p df.
Amendment 257 #
2022/0195(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Living nature plays an important role in many climate-relevant processes (e.g. binding and release of CO2 and other greenhouse gases, water cycle, absorption of solar radiation). Changes in the biosphere therefore always have consequences for the climate system. At the same time climate change has both direct and indirect effects on nature, which should be taken into account to protect biodiversity. The geographical distribution of animal and plant species on Earth is determined to a large extent by climate. Changes in temperature and precipitation and in the frequency of extreme events have a direct influence on the annual rhythm, behaviour, reproduction, competitiveness and feeding relationships of species, competitive ability and feeding relationships of species. This can lead to major shifts in their distribution areas and in the species composition and structure of entire ecosystems. Indirect impacts on biodiversity arise from human responses to climate change, whether through adaptation of land use patterns, measures to protect populations from extreme events, or measures to reduce atmospheric greenhouse gas concentrations. The changes can be profound and affect large areas. Depending on how they are shaped, they can have positive and/or negative consequences for nature conservation.
Amendment 263 #
2022/0195(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Union climate policy is being revised in order to follow the pathway proposed in Regulation (EU) 2021/1119 to reduce net emissions by at least 55 % by 2030 compared to 1990. In particular, the proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2018/841 and (EU) 2018/199961 aims to strengthen the contribution of the land sector to the overall climate ambition for 2030 and aligns the objectives as regards accounting of emissions and removals from the land use, land use change and forestry (‘LULUCF’) sector with related policy initiatives on biodiversity. That proposal emphasises the need for the protection and enhancement of nature-based carbon removals, for the improvement of the resilience of ecosystems to climate change, for the restoration of degraded land and ecosystems, and for rewetting peatlands. It further aims to improve the monitoring and reporting of greenhouse gas emissions and removals ofrom land subject to protection and restoration. In this context, it is important that ecosystems in all land categories, including forests, grasslands, croplands and wetlands, are in good condition, which corresponds to the climatic regions, in order to be able to effectively capture and store carbon. _________________ 61 Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2018/841 as regards the scope, simplifying the compliance rules, setting out the targets of the Member States for 2030 and committing to the collective achievement of climate neutrality by 2035 in the land use, forestry and agriculture sector, and (EU) 2018/1999 as regards improvement in monitoring, reporting, tracking of progress and review (COM/2021/554 final).
Amendment 273 #
2022/0195(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In the final report of the Conference on the Future of Europe, citizens call on the Union to protect and restore biodiversity, the landscape and oceans, eliminate pollution and to foster knowledge, awareness, education, and dialogues on environment, climate change, energy use, and sustainability while at the same time ensuring food security.63 _________________ 63 Conference on the Future of Europe – Report on the Final Outcome, May 2022, Proposal 2 (1, 4, 5) p. 44, Proposal 6 (6) p. 48.
Amendment 280 #
2022/0195(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Soils are an integral part of terrestrial ecosystems. The Commission’s 2021 Communication ‘EU Soil Strategy for 2030’64 outlines the need to restore degraded soils and enhance soil biodiversity. The interests of landowners and land managers should be adequately taken into account. _________________ 64 Communication from the Commission to the European Parliament, Council, the European Economic and Social Committee and the Committee of the Regions. EU Soil Strategy for 2030 Reaping the benefits of healthy soils for people, food, nature and climate (COM/2021/699 final).
Amendment 282 #
2022/0195(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Since farmland birds are well- known and widely recognised key indicators of the health of agricultural ecosystems, it is appropriate to set targets for their recovery. The obligation to achieve such targets wouldshall not apply to Member States, not to individual farmers. Member States should achieve those targets by puttingindividual owners and land users but rather only to Member States. Member States should achieve those targets by providing appropriate financial incentives for land users and other stakeholders to put in place effective restoration measures on farmland,. In doing so, Member States should working with and supporting farmers and other stakehold stakeholders and land users forin their design and implementation on the ground. of restoration measures;
Amendment 287 #
2022/0195(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) A framework and guidance67 already exist to determine good condition of habitat types protected under Directive 92/43/EEC and to determine sufficient quality and quantity of the habitats of species falling within the scope of that Directive. Restoration targets for those habitat types and habitats of species can be set based on that framework and guidance. However, such restoration will not be enough to reverse biodiversity loss and recover all ecosystems. Therefore, additional obligationproduction-integrated commitments should be established based on specific indicators in order to enhance biodiversity at the scale of wider ecosystems while at the same time guaranteeing food security. _________________ 67 DG Environment. 2017, “Reporting under Article 17 of the Habitats Directive: Explanatory notes and guidelines for the period 2013-2018” and DG Environment 2013, “Interpretation manual of European Union habitats Eur 28”.
Amendment 292 #
2022/0195(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Building on Directives 92/43/EEC and 2009/147/EC and in order to support the achievement of the objectives set out in those Directives, Member States should put in place restoration measures to ensure the recovery of protected habitats and species, including wild birds, across Union areas, also in areas that fall outside Natura 2000.
Amendment 293 #
2022/0195(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Voluntary and participatory approaches are preferable to regulatory measures in order to increase the acceptance of all actors in the implementation of the restoration and development objectives.
Amendment 300 #
2022/0195(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Deadlines should therefore be established for putting in place restoration measures within and beyond Natura 2000 sites, in order to gradually improve the condition of protected habitat types across the Union as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. In order to give the necessary flexibility to Member States to put in place large scale restoration efforts, it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. This will allow Member States to choose which habitats to restore first within the group.
Amendment 301 #
2022/0195(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) If the favourable conservation status is not reached, a review should be carried out to determine why the favourable conservation status could not be achieved.
Amendment 303 #
2022/0195(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Similar requirements should be set for the habitats of species that fall within the scope of Directive 92/43/EEC and habitats of wild birds that fall within the scope of Directive 2009/147/EC, having special regard to the connectivity needed between both of those habitats in order for the species populations to thrive. Thereby intra-specific interactions that occur between individuals of the same species and inter-specific interactions that occur between two or more species need to be examined and taken into account.
Amendment 310 #
2022/0195(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure that the restoration and development measures are efficient and that their results can be measured over time, it is essential that the areas that are subject to such restoration and development measures, with a view to improving the condition of habitats that fall within the scope of Annex I to Directive 92/43/EEC, to re-establish those habitats and to improve their connectivity, show a continuous improvement until good condition is reached. To measure the efficiency of the restoration and development measures, EU-wide common standards should apply.
Amendment 312 #
2022/0195(COD)
(31a) Successful habitat restoration requires understanding species life cycles and interactions, and the food, water, nutrients, space, and shelter that is necessary to sustain species populations. In some areas, restoration may not succeed in re-establishing the full assemblage of native species or the full extent of the original ecosystem’s structure and function due to environmental conditions such as climate change. In these cases, new ecosystems and habitats need to be developed.
Amendment 317 #
2022/0195(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Restoration measures need toshould be put in place to enhance the biodiversity of forest ecosystems across the Union, including in the areas not covered byespecially in areas with habitat types falling within the scope of Directive 92/43/EEC. In the absence of a common method for assessRestoration measures should be supported ing the condition of foresareas not ecosystems that would allow for the setting of specific restoration targets for forest ecosystems, it is appropriate to set a general obligatiovered by habitat types falling within the scope of Directive 92/43/EEC. Focus should be given to improving the biodiversity inand resilience of forest ecosystems and measure the fulfilment of that obligation, where possible measured on the basis of existing indicators, such as standing and lying deadwood, the share of forests with uneven-aged structure, forest connectivity, the common forest bird index82, and the stock of organic carbon and the tree species composition. With regard to climate change, Member States shall take account of the risk of forest fires and other climate change-related damage when setting targets. _________________ 82 Common bird index (EU aggregate) - Products Datasets - Eurostat (europa.eu).
Amendment 327 #
2022/0195(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) It is important that the areas covered by habitat types falling within the scope of this Regulation do not deteriorate as compared to the current situation, considering the current restoration needs and the necessity not to further increase the restoration needs in the future. It is, however, appropriate to consider the possibility of force majeure, which may result in the deterioration of areas covered by those habitat types, as well as unavoidable habitat transformations which are directly caused by climate change, or as a result of a plan or project of overriding public interest, for which no less damaging alternative solutions are available, to be determined on a case by case basis, or of a plan or project authorised in accordance with Article 6(4) of Directive 92/43/EEC and on measures which are introduced to guarantee food security. Member States should provide scientific evidence for these exceptions.
Amendment 338 #
2022/0195(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) The achievement of the objectives and obligations set out in this Regulation requires significant human and financial resources. Not only are additional human resources required, but also additional financial resources, which are necessary to compensate for use restrictions or additional costs incurred in connection with implementation on areas used for agriculture, forestry and fisheries. Otherwise, there is a risk of potential competitive disadvantages in the globalised market. To ensure the achievement of the targets and obligations set out in this Regulation, it is therefore of utmost importance that adequate private and public investments are made in restoration, Member States should integrate expenditure for biodiversity objectives, including in relation to opportunity and transition costs resulting from the implementation of the national restoration plans, in their national budgets and reflect how Union funding is used. Regarding the Union funding, expenditure under the Union budget and Union financing programmes, such as the Programme for the Environment and Climate Action (LIFE)96, the European Maritime Fisheries and Aquaculture Fund (EMFAF)97, the European Agricultural Fund for Rural Development (EAFRD)98, the European Agricultural Guarantee Fund (EAGF), the European Regional Development Fund (ERDF), the Cohesion Fund99 and the Just Transition Fund100, as well as the Union framework programme for research and innovation, Horizon Europe101, contributes to biodiversity objectives with the ambition to dedicate 7,5 % in 2024, and 10 % in 2026 and in 2027 of annual spending under the 2021-2027 Multiannual Financial Framework102to biodiversity objectives. The implementation of the corresponding restoration measures on agricultural land entails a loss of yields, higher requirements and standards, increased effort and costs for farmers.At the same time, requirements for farmers under the Green Deal will continue to increase in terms of biodiversity protection, environmental protection, climate protection and animal welfare.In addition to the common agricultural policy (CAP) funds through the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), further funds must therefore be earmarked.After all, in addition to strengthened environmental, climate protection and animal welfare objectives and the increasing need to finance adaptation measures to climate change, the CAP must continue to ensure the supply of high-quality and healthy food to the population at reasonable prices.It must also strengthen rural areas and contribute sufficiently to securing the income of family farms.TheRecovery and Resilience Facility (RRF)103is a further source of funding for the protection and restoration of biodiversity and ecosystems. With reference to the LIFE Programme, special attention should be given to the appropriate use of the Strategic Nature Projects (SNaPs) as a specific tool that could support the implementation of this Regulation, by way of mainstreaming available financial resources in an effective and efficient way. _________________ 96 Regulation (EU) 2021/783 of the European Parliament and of the Council of 29 April 2021 establishing a Programme for the Environment and Climate Action (LIFE), and repealing Regulation (EU) No 1293/2013 (OJ L 172, 17.5.2021, p. 53). 97 Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (OJ L 247, 13.7.2021, p. 1). 98 Regulation (EU) 2020/2220 of the European Parliament and of the Council of 23 December 2020 laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022 (OJ L 437, 28.12.2020, p. 1). 99 Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60). 100 Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (OJ L 231, 30.06.2021, p. 1). 101 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1). 102 Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433I , 22.12.2020, p. 11). 103 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).
Amendment 344 #
2022/0195(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The successful implementation of the Regulation requires the involvement of owners and land users, as well as the public, in the restoration measures. Member States should therefore promote a fair, open, participatory, effective, transparent and cross-society approach in the preparation, review and implementation of their national restoration plans, by involving owners and land users and including processes for participation of the public and by considering the needs of local communities, regions and stakeholders.
Amendment 346 #
2022/0195(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To support the restoration and non- deterioration of terrestrial, freshwater, coastal and marine habitats, Member States haveshould ensure, as far as possible, the continued, long-term and sustainable impact of the restoration and development measures, including, where appropriate, the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’, to implement other effective area- based conservation measures, and to promote private land conservation measures.
Amendment 347 #
2022/0195(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To support the restoration and non- deterioration of terrestrial, freshwater, coastal and marine habitats, Member States haveshould ensure, as far as possible, the continued, long-term and sustainable impact of the restoration measures, including, where appropriate, the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’, to implement other effective area-based conservation measures, and to promote private land conservation measures.
Amendment 355 #
2022/0195(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) With artificial light increasing, light pollution has become a pertinent issue. Its sources include building exterior and interior lighting, advertising, commercial properties, offices, factories, streetlights, and illuminated sporting venues. Light pollution is a driver of insect declines. Many insects are drawn to light, but artificial lights can create a fatal attraction. Declining insect populations negatively impact all species that rely on insects for food or pollination. Some predators exploit this attraction to their advantage, affecting food webs in unanticipated ways.
Amendment 357 #
2022/0195(COD)
Proposal for a regulation
Recital 43 b (new)
Recital 43 b (new)
(43b) The sealing off of surfaces in cities has significant effects on factors such as biodiversity, water retention and heat stress. Gardens should be given special attention in this respect as depaving gardens can have large effects on water retention and urban heat stress at local level.
Amendment 363 #
2022/0195(COD)
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) Urban green space designated in existing land-use plans of local authorities or through other local instruments of spatial function assignment shall be considered, especially those that are indicated for networking functions within the biotope network, for example urban green spaces that are enabling the exchange between flora and fauna. Where possible, data measurement tools for a more detailed individual assessment of green spaces, where green roofs, individual trees and private gardens, for example, can also be taken into account.
Amendment 370 #
2022/0195(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The EU Biodiversity Strategy for 2030 requires greater efforts to restore freshwater ecosystems and the natural functions of rivers. The restoration of freshwater ecosystems should include efforts to restore the natural longitudinal and lateral connectivity of rivers as well as their riparian areas and floodplains, including through the removal of barriers with a view to supporting the achievement of favourable conservation status for rivers, lakes and alluvial habitats and species living in those habitats protected by Directives 92/43/EEC and 2009/147/EC, and the achievement of one of the key objectives of the EU Biodiversity Strategy for 2030, namely, the restoration of at least 25 000 km of free-flowing rivers. When removing barriers, Member States should primarily address obsolete barriers, which are those that are no longer needed for renewable energy generation, inland navigation, water supply or other uses, without restricting the use of hydroelectric power.
Amendment 376 #
2022/0195(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) Member States should ensure that Union environmental law is applied to the deployment of energy from renewable sources, the related transmission and distribution network elements as well as storage facilities based on the principle that the species protection refers to the entire population and not to the individual specimens.
Amendment 380 #
2022/0195(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) In the Union, pollinators have dramatically declined in recent decades, with one in three bee species and butterfly species in decline, and one in ten such species on the verge of extinction. Pollinators are essential for the functioning of terrestrial ecosystems, human wellbeing and food security, by pollinating wild and cultivated plants. Almost EUR 5 000 000 000 of the EU’s annual agricultural output is directly attributed to insect pollinators70 . _________________ 70 Vysna, V., Maes, J., Petersen, J.E., La Notte, A., Vallecillo, S., Aizpurua, N., Ivits, E., Teller, A., Accounting for ecosystems and their services in the European Union (INCA). Final report from phase II of the INCA project aiming to develop a pilot for an integrated system of ecosystem accounts for the EU. Statistical report. Publications office of the European Union, Luxembourg, 2021.
Amendment 385 #
2022/0195(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 387 #
2022/0195(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) The proposal for a Regulation of the European Parliament and of the Council on the sustainable use of plant protection products [for adoption on 22 June 2022, include title and number of the adopted act when available] aims to regulate one of the drivers of pollinator decline by prohibiting the use of pesticides in ecologically sensitive areas, many of which are covered by this Regulation, for example areas sustaining pollinator species which the European Red Lists76 classify as being threatened with extinction. Agricultural and forest ecosystems that are dedicated to the production of food, fodder and renewable raw materials are of specific socio-economic importance. Their production function should not be undermined. _________________ 76 European Redlist - Environment - European Commission (europa.eu)
Amendment 390 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 396 #
2022/0195(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Sustainable, resilient and biodiverse agricultural ecosystems are needed to provide safe, sustainable, nutritious and affordable food. Biodiversity-rich agricultural ecosystems also increase agriculture’s resilience to climate change and environmental risks, while ensuring food safety and security and creating new jobs in rural areas, in particular jobs linked to organic farming as well as rural tourism and recreation. Therefore, the Union needs to improve the biodiversity in its agricultural lands, through a variety of existing practices beneficial to or compatible with the biodiversity enhancement, including extensive agriculture. Extensive agriculture is vital for the maintenance of many species and habitats in biodiversity rich areas. There are many extensive agricultural practices which have multiple and significant benefits on the protection of biodiversity, ecosystem services and landscape features such as precision agriculture, new breeding techniques, organic farming, agro-ecology, agroforestry and low intensity permanent grassland.
Amendment 398 #
2022/0195(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Restoration measures need to be put in place to enhance the biodiversity of agricultural ecosystems across the Union, including in the areas not covered by habitat types that fall within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of agricultural ecosystems that would allow setting specific restoration targets for agricultural ecosystems, it is appropriate to set a generalthat fall within the scope of Directive 92/43/EEC. The obligation to improve biodiversity in agricultural ecosystems and measure the fulfilment of that obligation on theshould basise ofn existing indicators taking into account product- integrated commitments.
Amendment 410 #
2022/0195(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) High-diversity landscape features on agricultural land, non productive areas and land use with high diversity in rural areas, including buffer strips, rotational or non-rotational fallow land, hedgerows, organic farmland, compensation areas, intercrops, extensive farmland, individual or groups of trees, tree rows, field margins, patches, ditches, streams, small wetlands, terraces, cairns, stonewalls, small ponds and cultural features, provide space for wild plants and animals, including pollinators, prevent soil erosion and depletion, filter air and water, support climate change mitigation and adaptation and agricultural productivity of pollination-dependent crops. Productive trees that are part of arable land agroforestry systems and productive elements in non-productive hedges can also be considerd as high biodiversity landscape features provided that they do not receive mineral fertilizers or pesticide treatment and if harvest takes place only at moments where it would not compromise high biodiversity levels. Therefore, a requirement to ensure an increasing trend for the share of agricultural land with high-diversity landscape features in rural areas should be set out. Such a requirement would enable the Union to achieve one of the other key commitments of the EU Biodiversity Strategy for 2030, namely, to cover at least 10 % of agricultural area with high-diversity landscape features. Increasing trends should also be achieved for other existing indicators, such as the grassland butterfly index and the stock of organic carbon in cropland mineral soils.
Amendment 415 #
2022/0195(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) High-diversity landscape features on agricultural land, non-productive areas and land use with high diversity in rural areas, including buffer strips, rotational or non-rotational fallow land, hedgerows, organic farmland, compensation areas, intercrops, extensive farmland, individual or groups of trees, tree rows, field margins, patches, ditches, streams, small wetlands, terraces, cairns, stonewalls, small ponds and cultural features, provide space for wild plants and animals, including pollinators, prevent soil erosion and depletion, filter air and water, support climate change mitigation and adaptation and agricultural productivity of pollination-dependent crops. Productive trees that are part of arable land agroforestry systems and productive elements in non-productive hedges can also be considerd as high biodiversity landscape features provided that they do not receive mineral fertilizers or pesticide treatment and if harvest takes place only at moments where it would not compromise high biodiversity levels. Therefore, a requirement to ensure an increasing trend for the share of agricultural land with high- diversity landscape features should be set out. Such a requirement would enable the Union to achieve one of the other key commitments of the EU Biodiversity Strategy for 2030, namely, to cover at least 104 % of agricultural area with high-diversity landscape features. Increasing trends should also be achieved for other existing indicators, such as the grassland butterfly index and the stock of organic carbon in cropland mineral soils.
Amendment 419 #
2022/0195(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) The Common Agricultural Policy (CAP) is focused on social, environmental and economic goals and aims to support and strengthen environmental protection, including biodiversity. The policy has among its specific objectives to contribute to halting and reversing biodiversity loss, enhance ecosystem services and preserve habitats and landscapes. The new CAP conditionality standard Nr. 8 on Good Agricultural and Environmental Conditions (GAEC 8)77 , requires beneficiaries of area related payments to have at least 4% of arable land at farm level devoted to non- productive areas and features, including land lying fallow and to retain existing landscape features. The 4% share to be attributed to compliance with that GAEC standard can be reduced to 3 % if certain pre-requisites are met78 . That obligation will contribute to Member States reaching a positive trend in high-diversity landscape features on agricultural land. In addition, under the CAP, Member States have the possibility to set up eco-schemes for agricultural practices carried out by farmers on agricultural areas that may include maintenance and creation of landscape features or non-productive areas. Similarly, in their CAP strategic plans, Member States can also include agri- environment-climate commitments including the enhanced management of landscape features going beyond conditionality GAEC 8 and/or eco- schemes. LIFE nature and biodiversity projects will also help to put Europe's biodiversity on agricultural land on a path to recovery by 2030, by supporting the implementation of Directive 92/43/EEC and Directive 2009/147/EC as well as the EU Biodiversity Strategy for 2030. _________________ 77 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013, OJ L 435, 6.12.2021, p. 1, 78 Where a farmer commits to devote at least 7% of his/her arable land to non- productive areas or features, including land lying fallow, under an enhanced eco- scheme or if there is a minimum share of at least 7 % of arable land at farm level that includes also catch crops or nitrogen fixing crops, cultivated without the use of plant protection products.
Amendment 420 #
2022/0195(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Restoration and rewetting79 of organic soils80 in agricultural use (i.e. under grassland and cropland use) constituting drained peatlands help achieve significant biodiversity benefits, an important reduction of green-house gas emissions and other environmental benefits, while at the same time contributing to a diverse agricultural landscape. Member States can choose from a wide range of restoration measures for drained peatlands in agricultural use spanning from converting cropland to permanent grassland, water level management, and extensification measures accompanied by reduced drainage, to full rewetting with the opportunity of paludicultural use, photovoltaic systems or the establishment of peat-forming vegetation. In case where an ecosystem is so affected by human activity or its natural condition is such that it may be unfeasible or unreasonably expensive to achieve good status, less stringent environmental objectives may be set on the basis of appropriate, evident and transparent criteria, and all practicable steps should be taken to prevent any further deterioration of the status of the ecosystem. The most significant climate benefits are created by restoring and rewetting cropland followed by the restoration of intensive grassland. Member States shall draft national restoration and development plans in cooperation with relevant stakeholders, outlining voluntary measures that landowners and land managers can choose to implement in rural areas. To allow for a flexible implementation of the restoration target for drained peatlands under agricultural use Member States may count the restoration measures and rewetting of drained peatlands in areas of peat extraction sites as well as, to a certain extent, the restoration and rewetting of drained peatlands under other land uses (for example forest) as contributing to the achievement of the targets for drained peatlands under agricultural use. _________________ 79 Rewetting is the process of changing a drained soil into a wet soil. Chapter 1 of IPCC 2014, 2013 and Supplement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories: Wetlands, Hiraishi, T., Krug, T., Tanabe, K., Srivastava, N., Baasansuren, J., Fukuda, M. and Troxler, T.G. (eds). 80 The term ‘organic soil’ is defined in IPCC 2006, 2006 IPCC Guidelines for National Greenhouse Gas Inventories, Prepared by the National Greenhouse Gas Inventories Programme, Eggleston H.S., Buendia L., Miwa K., Ngara T. and Tanabe K. (eds).
Amendment 426 #
2022/0195(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to reap the full biodiversity benefits, restoration and rewetting of areas of drained peatland should extend beyond the areas of wetlands habitat types listed in Annex I of Directive 92/43/EEC that are to be restored and re-established. Data about the extent of organic soils as well as their greenhouse gas emissions and removals are monitored and made available by LULUCF sector reporting in national greenhouse gas inventories by Member States, submitted to the UNFCCC. Restored and rewetted peatlands can continue to be used productively in alternative ways. For example, paludiculture, the practice of farming on wet peatlands, can include cultivation of various types of reeds, certain forms of timber, blueberry and cranberry cultivation, sphagnum farming, and grazing with water buffaloes. Such practices should be based on the principles of sustainable management and aimed at enhancing biodiversity so that they can have a high value both financially and ecologically. Paludiculture can also be beneficial to several species which are endangered in the Union and can also facilitate the connectivity of wetland areas and of associated species populations in the Union. Funding for measures to restore and rewet drained peatlands and to compensate possible losses of income can come from a wide range of sources, including expenditure under the Union budget and Union financing programmes. Programmes for long-term financing are to be developed for this purpose.
Amendment 435 #
2022/0195(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The new EU Forest Strategy for 203081 outlined the need to restore forest biodiversity. Forests and other wooded land cover over 43,5 % of the EU’s land space. Forest ecosystems that host rich biodiversity are vulnerable to climate change but are also through their multifunctional use a natural ally in adapting to and fighting climate change and climate-related risks, including through their carbon-stock and carbon-sink functions, and provide many other vital ecosystem services and benefits, such as the provision of timber and wood, food and other non-wood products, climate regulation, soil stabilisation and erosion control and the purification of air and water. _________________ 81 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. New EU Forest Strategy for 2030 (COM/2021/572 final).
Amendment 437 #
2022/0195(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Restoration measures need toshould be put in place to enhance the biodiversity of forest ecosystems across the Union, including in the areas not covered by habitat types falling within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of forest ecosystems that would allow for the setting of specific restoration targets for forest ecosystems, it is appropriate to set a general obligation to improve biodiversity in forest ecosystems and measure the fulfilment of that obligation on the basis of existing indicators, such as standing and lying deadwood, the shThe focus should be on improving biodiversity and the resilience of forest ecosystems and, where possible, to measure on the basis of existing and new indicators, such as the share of forests with uneven-aged structure, forest connectivity, dead wood lying and standing in quantity per hectare; vertical structure richness (single layer, multi-layered, multi-layered); location and climate-related tree species composition as a share of the total forest area; nutrient sustainability in representative areas; change in percent of forest stand; share of timber construction in the construction volume and share of wood chemically valued in the volume of wood; area of forests with uneven-aged structure, forest connectivity, the commonhere effective measures have been taken to increase resilience to climate change; ecosystem service water protection; research ecosystem services health, recreation and education in the forest and tree species composition. In view of the ever- increasing risk of forest bfird index82 , and the stock of organic carbon. _________________ 82 Common bird index (EU aggregate) - Products Datasets - Eurostat (europa.eu)es caused by climate change, Member States should take into account when setting the targets of increasing the proportion of deadwood, the share of forests with uneven age structure and the networking of forests, the risk of forest fires.
Amendment 446 #
2022/0195(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57a) The EU Biodiversity Strategy for 2030 sets the target of planting at least three billion climate-adapted additional trees by 2030 in all habitats, while respecting ecological principles. This objective should be fully incorporated into this Regulation. This initiative counteracts the continuing trend of net decline in forest land and the loss of trees in urban areas in the Union, contributes to some of the restoration objectives set out in this Regulation and strengthens the production of wood and other by-products such as fruit and honey. Over time, it will also contribute to increasing the forest area as well as the trees in urban areas and other landscape components in the Union, thus increasing the CO2 sink and CO2 storage in the soil. The new EU Forest Strategy for 2030 sets out a roadmap for the implementation of this objective, based on the general principle of planting and maintaining the right tree in the right place and for the right purpose.
Amendment 452 #
2022/0195(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) To ensure synergies between the different measures that have been, and are to be put in place to protect, conserve and restore nature in the Union, Member States should take into account, when preparing their national restoration plans: the conservation measures established for Natura 2000 sites and the prioritised action frameworks prepared in accordance with Directives 92/43/EEC and 2009/147/EC; measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC; marine strategies for achieving good environmental status for all Union marine regions prepared in accordance with Directive 2008/56/EC; national air pollution control programmes prepared under Directive (EU) 2016/2284; national biodiversity strategies and action plans developed in accordance with Article 6 of the Convention on Biological Diversity, as well as conservation measures adopted in accordance with Regulation 1380/2013 and technical measures adopted in accordance with Regulation (EU) 2019/1241 of the European Parliament and of the Council83 The conservation measures established for Natura 2000 sites and the prioritised action frameworks prepared in accordance with Directives 92/43/EEC and 2009/147/EC should be reviewed in light of the objectives of this regulation and adjusted if necessary. _________________ 83 Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).
Amendment 453 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
Article 3 – paragraph 1 – point 15 a (new)
15 a. ‘rewetting’ means all deliberate actions that aim to bring the water table of a drained peatland, i.e its level relative to the surface, back to that of the original, peatforming peatland’.
Amendment 462 #
2022/0195(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In order to ensure coherence between the objectives of this Regulation and Directive (EU) 2018/200184 , Regulation (EU) 2018/199985 and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources86 , in particular, during the preparation of national restoration plans, Member States should take account ofintroduce measures which do not hinder the potential for renewable energy projects to make contributions towards meeting nature restoration objectives. _________________ 84 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 85 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1). 86 Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).
Amendment 466 #
2022/0195(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) Considering the importance of addressing consistently the dual challenges of biodiversity loss and climate change, the restoration of biodiversity and the guarantee of food security should take into account the deployment of renewable energy and vice versa. The Communication on REPowerEU: Joint European Action for more affordable, secure and sustainable energy87 states that Member States should swiftly map, assess and ensure suitable land and sea areas that are available for renewable energy projects, commensurate with their national energy and climate plans, the contributions towards the revised 2030 renewable energy target and other factors such as the availability of resources, grid infrastructure and the targets of the EU Biodiversity Strategy. The Commission proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency88 and the Commission recommendation on accelerating permitting for renewable energy projects and facilitating Power Purchase Agreements89 , both adopted on 18 May 2022, also provide for the identification of renewables go-to areas. Those are specific locations, whether on land or sea, particularly suitable for the installation of plants for the production of energy from renewable sources, other than biomass combustion plants, where the deployment of a specific type of renewable energy is not expected to have significant environmental impacts, in view of the particularities of the selected territory. Member States should give priority to artificial and built surfaces, such as rooftops, transport infrastructure areas, parking areas, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture. In the designation of renewables go-to areas, Member States should avoid protected areas and consider their national nature restoration plans. Member States should coordinate the development of national restoration plans with the designation of the renewables go-to areas. During the preparation of the nature restoration plans, Member States should ensure synergies withpriority to the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001, remain unchanged and not be in conflict with a certain form of renewables. _________________ 87 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy (COM/2022/108 final). 88 Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency, COM/2022/222 final. 89 Commission recommendation on speeding up permit-granting procedures for renewable energy projects and facilitating Power Purchase Agreements, C(2022) 3219 final.
Amendment 467 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shallould put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good condition, in the relevant biogeographical region in the Member State and which are not in good condition. The aim is to put in place necessary measures on at least 50% of the area (as quantified in the national restoration plan referred to in Article 12,) by 2030,40 and on at least 60 80% by 2040, and on at least 90 % by 205050 until it is in good condition.
Amendment 470 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
(1a) The restoration measures referred to in paragraphs 1, 2 and 3 shall be mandatory only in the areas protected by Directives 92/43/EEC and 2009/147/EC (Natura 2000 sites).
Amendment 477 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050.
Amendment 479 #
2022/0195(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) The European Environment Agency (the ‘EEA’) should support Member States in preparing the national restoration plans, as well as in monitoring progress towards meeting the restoration and development targets and obligations. The Commission should assess whether the national restoration plans are adequate for achieving those targets and obligations. In order to meet these restoration and development targets, monitoring systems and intermediate targets need to be established to check whether the measures are leading to changes that meet the targets.
Amendment 495 #
2022/0195(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) The achievement of the objectives and obligations set out in this Regulation requires significant human and financial resources. Resources are needed not only for the designation, assessment and verification of habitat types, but also sufficient financial resources to compensate to the extent necessary the management restrictions or additional expenditure associated with the implementation, in particular on land used for agriculture and forestry. To ensure the achievement of the targets and obligations set out in this Regulation, it is therefore of utmost importance that adequate private and public investments are made in restoration, Member States should integrate expenditure for biodiversity objectives, including in relation to opportunity and transition costs resulting from the implementation of the national restoration plans, in their national budgets and reflect how Union funding is used. Regarding the Union funding, expenditure under the Union budget and Union financing programmes, such as the Programme for the Environment and Climate Action (LIFE)96 , the European Maritime Fisheries and Aquaculture Fund (EMFAF)97 , the European Agricultural Fund for Rural Development (EAFRD)98 , the European Agricultural Guarantee Fund (EAGF), the European Regional Development Fund (ERDF), the Cohesion Fund99 and the Just Transition Fund100 , as well as the Union framework programme for research and innovation, Horizon Europe101 , contributes to biodiversity objectives with the ambition to dedicate 7,5 % in 2024, and 10 % in 2026 and in 2027 of annual spending under the 2021-2027 Multiannual Financial Framework102 to biodiversity objectives. For the farmer, the demand for more extensive farming of agricultural land with higher requirements and standards will lead to lower yields, an increased effort and higher costs. The result is possible competitive disadvantages in a globalised market. At the same time, as part of the Green Deal, the requirements for farmers will continue to rise not only in the area of biodiversity protection, but also in the field of environmental, climate protection and animal welfare. The resources of the Common Agricultural Policy through the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) must therefore be deposited with corresponding additional appropriations. In addition to increased environmental, climate and animal welfare objectives and the increasing need to finance adaptation measures to climate change, the Common Agricultural Policy must continue to ensure the supply of high-quality and healthy food to the population at reasonable prices, to a sufficient extent to ensure income for family farms and to strengthen rural areas. The Recovery and Resilience Facility (RRF)103 is a further source of funding for the protection and restoration of biodiversity and ecosystems. With reference to the LIFE Programme, special attention should be given to the appropriate use of the Strategic Nature Projects (SNaPs) as a specific tool that could support the implementation of this Regulation, by way of mainstreaming available financial resources in an effective and efficient way. _________________ 96 Regulation (EU) 2021/783 of the European Parliament and of the Council of 29 April 2021 establishing a Programme for the Environment and Climate Action (LIFE), and repealing Regulation (EU) No 1293/2013 (OJ L 172, 17.5.2021, p. 53). 97 Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (OJ L 247, 13.7.2021, p. 1). 98 Regulation (EU) 2020/2220 of the European Parliament and of the Council of 23 December 2020 laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022 (OJ L 437, 28.12.2020, p. 1). 99 Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60). 100 Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (OJ L 231 30.06.2021, p. 1). 101 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013(OJ L 170, 12.5.2021, p. 1). 102 Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433I , 22.12.2020, p. 11). 103 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).
Amendment 497 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. Areas where the habitat types listed in Annex I are in unknown condition shall be considered as not being in good condition.
Amendment 502 #
2022/0195(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) Notwithstanding the current expenditure under the Union budget and Union financing programmes, in view of the revision of the multiannual financial framework and the preparation of a multiannual financial framework for the next programming period, and in view of facilitating the implementation of this Regulation, the Commission should present new budgetary options such as the reallocation of funds and the establishment of a permanent dedicated nature restoration fund.
Amendment 507 #
2022/0195(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) Member States should promote a fair and cross-society approachThe involvement of owners, land users and their representatives, broad public and stakeholder support for the recovery and their taking over of responsibility are necessary conditions for the successful implementation of this Regulation. Member States should promote a fair, open, transparent, inclusive, effective and cross-society approach by involving owners and land users in the preparation and, implementation and revision of their national restoration plans, by including processes for participation of the public and by considering the needs of local communities and stakeholders. Member States should also actively promote awareness of the importance of biodiversity and the restoration of nature, and should address young people through programmes and concrete projects, as well as through education and general information.
Amendment 510 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need fortake account of improved connectivity between the habitat types listed in Annex I and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types.
Amendment 516 #
2022/0195(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) In line with the commitment in the 8th Environment Action Programme to 2030107 , Member States should phase out environmentally harmful subsidies at national level, making the best use of market-based instruments and green budgeting tools, including those required to ensure a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices. _________________ 107 [Reference to be added when the 8th EAP has been published].
Amendment 516 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall ensure that areas in which good condition has been reached, and in which the sufficient quality. Member States shall take effective and proportionate measures to ensure that areas in which good condition of the habitats of the species has been reached, do not deteriorate.
Amendment 526 #
2022/0195(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to specify the method for monitoring pollinators, to specify the methods for monitoring the indicators for agricultural ecosystems listed in Annex IV to this Regulation and the indicators for forest ecosystems listed in Annex VI to this Regulation, to develop a framework for setting the satisfactory levels of pollinators, of indicators for agricultural ecosystems listed in Annex IV to this Regulation and of indicators for forest ecosystems listed in Annex VI to this Regulation, and to specify the methods for monitoring urban green space and of urban tree canopy cover, to set out a uniform format for the national restoration plans, to set out the format, structure and detailed arrangements for reporting data and information electronically to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council108 . _________________ 108 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 527 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
Amendment 530 #
2022/0195(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures. In addition, the Commission should assess the need to establish additional restoration targets, based on common methods for assessing the condition of ecosystems not covered by Articles 4 and 5, taking into account the most recent scientific evidence.
Amendment 530 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7 b (new)
Article 4 – paragraph 7 b (new)
7b. The principle of proportionality shall justify non-compliance where, owing to regional specificities, such as a high density of settlements and infrastructure, the obligations referred to in paragraphs 6 and 7 and Article 9(4) cannot be complied with by reasonable means.
Amendment 531 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
Amendment 537 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the continuous, long-term and sustained recovery of biodiverse and resilient nature across the Union’s land and sea areas through the restoration of ecosystemsmaintenance, enhancement, restoration and development of ecosystems while guaranteeing food security;
Amendment 541 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) unavoidable habitat transformations which are directly caused by climate change;change, provided that the Member State concerned has taken the mitigation measures incumbent upon it, or
Amendment 558 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation establishes a framework within which Member States shall put in place, without delay, effective and area-based restoration and development measures which together shall cover,maintain, enhance or restore by 2030, at least 20 % of the Union’s land and sea areas in need of restoration and, by 2050, all ecosystems in need of restoration while guaranteeing food security. All measures shall not prevent any sustainable use.
Amendment 592 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 10 – point a
Article 4 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;Does not affect the English version.)
Amendment 615 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) 'development' means to create ecosystems in areas where lost species cannot be brought back due to a change of the environment and climate;
Amendment 623 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘good condition’ means a state where the key characteristics of an ecosystem, namely its physical, chemical, compositional, structural and functional state, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its long-term maintenance and productivity;
Amendment 655 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7a) 'sustainable forest management' means the stewardship and use of forests and forest lands in a way, and at a rate, that maintains their biodiversity, productivity, regeneration capacity, vitality and their potential to fulfil, now and in the future, relevant ecological, economic and social functions, at local, national, and global levels, and that does not cause damage to other ecosystems;
Amendment 656 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 b (new)
Article 3 – paragraph 1 – point 7 b (new)
(7 b) 'sustainable agricultural activity' is an agricultural activity in a Member State of the European Union if it is carried out in accordance with the provisions set out in Annex III to Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 laying down rules on support for strategic plans to be drawn up by Member States under the Common Agricultural Policy and to be financed by the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) (CAP Strategic Plans);
Amendment 657 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 c (new)
Article 3 – paragraph 1 – point 7 c (new)
(7 c) 'production-integrated commitments' are measures to promote biodiversity that are integrated into agricultural or forestry production;
Amendment 671 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘urban green space’ means all green urban areas; broad-leaved forests; coniferous forests; mixed forests; natural grasslands; moors and heathlands; transitional woodland-shrubs and sparsely vegetated areas -; green roofs, green walls and private gardens as found within cities or towns and suburbs calculated on the basis of data provided by the Copernicus Land Monitoring Service as established by Regulation (EU) 2021/696 of the European Parliament and of the Council110 ;and based on existing land-use plans of local authorities or other local instruments of spatial function assignment. _________________ 110 Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69).
Amendment 682 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
Article 3 – paragraph 1 – point 15 a (new)
(15a) ‘restoration of the natural connectivity of rivers and natural functions of the related floodplains’ means: (i) the removal or the equipment of artificial structures in order to ensure the sufficient free-flowing character of water, sediment, nutrients, matter and organisms along river systems; (ii) the rehabilitation of hydrological, morphological and biological connectivity between wetlands, floodplains and their river channels; and (iii) the recovery of fluvial processes in general, which are necessary to support a healthy freshwater ecosystem.
Amendment 694 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15 b (new)
Article 3 – paragraph 1 – point 15 b (new)
(15 b) ‘wetting’ means any deliberate action aimed at bringing the water level of a drained peat land, i.e. the position relative to the surface, as far as possible, close to the original peat land;
Amendment 699 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shallould put in place the restoration measures necessary to enhancemonitor biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration measures under Article 4(1), (2) and (3), in accordance with the following paragraphs.
Amendment 710 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall put in place the restoration and development measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I thain the Member State and in the respective biogeographical region listed in Annex I which are not in good condition taking into account the food security. Such measures shall be in place on the area until it is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 650 % by 2040, and on at least 90 % by 2050 respecting production-integrated commitments .
Amendment 718 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Following the availability of a revised Union-wide methodology for the status survey of habitat types and species protected under the Habitats Directive, Member States shall put in place the restoration and development measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050, respecting production-integrated commitments.
Amendment 734 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Once the data on habitat types referred to in Article 19(8) are available, Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types, provided that climatic conditions still allow this. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 650 % of that surface by 2040, and 100 % of that surface by 2050, taking into account all areas and land uses equally for this purpose and respecting production- integrated commitments.
Amendment 755 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved respecting production-integrated commitments.
Amendment 761 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. Areas where the habitat types listed in Annex I are in unknown condition shall be subject to monitoring and reporting without delay and shall be considered as not being in a good condition if no such monitoring and reporting are in place after three years of this regulation coming into force.
Amendment 780 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The restoration and development measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex I and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types and the food security.
Amendment 783 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) 30 % of such areas by 2030, of which at least a quartersixth shall be rewetted;
Amendment 793 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall entake appropriate and effective measures that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not deteriorate irreversibly by human or non- human actions.
Amendment 797 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) 50 % of such areas by 2040, of which at least halfa quarter shall be rewetted;
Amendment 801 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur do not deterioratesignificantly deteriorate in relation to the objectives of the Directive 92/43/EEC to promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements and food security.
Amendment 805 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur do not deteriorate irreversibly by human or non-human actions.
Amendment 816 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. (7a) where, due to the different requirements of the habitat types listed in paragraphs 1 and 2 of Annex I and of the species referred to in paragraph 3, the obligations referred to in paragraphs 6 and 7 are not complied with, it shall be weighed for the benefit of which habitat types or species restoration measures are taken. Non-compliance with the obligations relating to the other habitat types or species is justified by this.
Amendment 819 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7 b (new)
Article 4 – paragraph 7 b (new)
7b. If Member States, due to the regional specificities, cannot meet the obligations referred to in paragraphs 6 and 7 and Article 9(4), exceptions are justified.
Amendment 820 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
Amendment 825 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
In addition, Member States may put in place restoration measures to rewet organic soils that constitute drained peatlands under land uses other than agricultural use and peat extraction and count those rewetted areas as contributing, up to a maximum of 240%, to the achievement of the targets referred to in the first subparagraph, points (a), (b) and (c).
Amendment 835 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point a a (new)
Article 4 – paragraph 8 – point a a (new)
(aa) to guarantee food security;
Amendment 837 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall put in place the restoration measures necessary to enhanceunder paragraph 2 that are necessary to monitor the resilience and biodiversity of forest ecosystems, in addition to the areas that are subject to restoration measures pursuant to Article 4(1), (2) and (3).
Amendment 846 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) unavoidable habitat transformations or other circumstances, which are directly caused by climate change; or
Amendment 851 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point c
Article 4 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis for which Member States have to provide evidence for these exceptions.
Amendment 872 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point c a (new)
Article 4 – paragraph 8 – point c a (new)
(ca) measures to maintain food security, production of food and renewable resources.
Amendment 874 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) tree species composition.
Amendment 894 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With the involvement of owners and land users, Member States shall prepare national restoration plans and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in Articles 4 to 10, taking into account the latest scientific evidence.
Amendment 895 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 9 – point a a (new)
Article 4 – paragraph 9 – point a a (new)
(aa) to guarantee food security;
Amendment 908 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 9 – point b
Article 4 – paragraph 9 – point b
(b) unavoidable habitat transformations or other circumstances which are directly caused by climate change: or
Amendment 919 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv
Article 11 – paragraph 2 – point a – point iv
(iv) the areas most suitable for the re- establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change and the mutually contradictory preconditions of different habitat types and species;
Amendment 923 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate change and the mutually contradictory preconditions of different habitat types and species.
Amendment 934 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 10 – point a
Article 4 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;
Amendment 941 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and 10(2), through an open and effective process and assessment, based on the latest scientific evidence and, if available, the framework referred to in Article 17(9).
Amendment 951 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall identify and map the agricultural and forest areas in need of restoration, in particular the areas that, due to intensification or other management factors, are in need of enhanced connectivity and landscape divers are in need of landscape diversity and enhanced connectivity.
Amendment 979 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Member States shallmay, when preparing the national restoration plans, make use of the different examples of restoration measures listed in Annex VII, depending on specific national and local conditions, and the latest scientific evidence.
Amendment 991 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 9
Article 11 – paragraph 9
9. Member States shall, when preparing the national restoration plans, aim at optimisingtake into consideration the ecological, economic and social functions of ecosystems as well as their contribution to the sustainable development of the relevant regions and communities.
Amendment 1007 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types and guarantee food security.
Amendment 1011 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The national restoration plan shall cover the period up to 2050, with intermediate deadlines corresponding to the targets and obligations set out in Articles 4 to 10.
Amendment 1056 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point a a (new)
Article 5 – paragraph 8 – point a a (new)
(aa) to guarantee food security;
Amendment 1069 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point c
Article 5 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis for which Member States are to provide evidence for these exceptions.
Amendment 1086 #
2022/0195(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall submit a draft of the national restoration plan referred to in Articles 11 and 12 to the Commission by… [OP please insert the date = the first day of the month following 2436 months after the date of entry into force of this Regulation].
Amendment 1108 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 9 – point a a (new)
Article 5 – paragraph 9 – point a a (new)
(aa) to guarantee food security;
Amendment 1166 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that there is no net loss of urban green space, at aggregated national level and of urban tree canopy cover by 2030, compared to 2021, in all cities and in towns and suburbs. Member States shall cooperate with local and regional authorities, as well as managing authorities for achieving this based on existing legal frameworks.
Amendment 1167 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, the lying deadwood, the share of forests with uneven-aged structure, the forest connectivity and, the stock of organic carbon, and the tree species composition shall be carried out at least every threen years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, point (c) concerning the percentage of habitats and species in the annexes to Directive 92/43/EEC related to agricultural ecosystems, and that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC and Article 12 of Directive 2009/147/EC.
Amendment 1178 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Member States shall ensure that there is an increase in the total national area of urban green space in cities and in towns and suburbs of at least 35 % of the total area of cities and of towns and suburbs in 2021, by 2040, and at least 510 % by 2050. Member States shall cooperate with local and regional authorities, as well as managing authorities. In addition Member States shall ensure:
Amendment 1186 #
2022/0195(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall electronically report to the Commission the area subject to restoration measures referred to in Articles 4 to 10 and the barriers referred to in Article 7 that have been removed, on an annual basis starting from [OP please insertfollowing publication of the dnate = the date of entry into force of this Regulation]ional restoration plans in accordance with Article 14(6).
Amendment 1196 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) a minimum of 120 % urban tree canopy cover in all cities and in towns and suburbs by 2050; and
Amendment 1203 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) a net gain of urban green space that is integrated into existing and new buildings and infrastructure developments, including through renovations and renewals as well as deconstruction and unsealing, in all cities and in towns and suburbs. Member States shall provide the necessary provisions to ensure the long-term permanence of new urban green spaces;
Amendment 1215 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) a reduction of the sealing of surfaces in private gardens;
Amendment 1217 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b b (new)
Article 6 – paragraph 2 – point b b (new)
(bb) to reduce light pollution.
Amendment 1256 #
2022/0195(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall remove the barriers to longitudinal and lateral connectivity of surface waters identified under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), point (f). When removing barriers, Member States shall primarily address obsolete barriers, which are those that are no longer neededwithout actual or potential use for renewable energy generation, inland navigation, flood protection, water supply or other uses.
Amendment 1261 #
2022/0195(COD)
Proposal for a regulation
Annex IV a (new)
Annex IV a (new)
Tree species composition: This indicator refers to the tree species composition of forests in a Member State. There is a need to find ways to quickly build resilient forests, due to changes in natural vegetation caused by climate change. Thus, there should be sufficient shares of previously native and resilient tree species for the future. Unit: Percentage Methodology: The methodology used by national forest inventories. - Registration of the tree species composition of all forests plots, permanent and temporary. - Notification of rooted and non-rooted native tree species within the plot following the code of the Red list of European tree species. - Statistics on tree species composition in forests compiled on the basis of the data collected. The Red list of European tree species summarizes all known native European trees, a total of 454 species, (431 native to the Union Member States).
Amendment 1267 #
2022/0195(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall opt to complement the removal of the barriers referred to in paragraph 2 by the measures necessary to improve the natural functions of the related floodplains.
Amendment 1282 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 1291 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The Commission will evaluate the current status of pollinator populations and, based on this, establish scientific indicators and propose measures to achieve positive trends in pollinator populations.
Amendment 1292 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 1298 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1309 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take into account social and economic requirements put in place the restoration and development measures necessary to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration and development measures under Article 4(1), (2) and (3) taking into account climate change, food security and securing socially and economically viable agricultural production.
Amendment 1321 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall achieve through sustainable agricultural activity an increasing trend at national level of each of the following indicators in agricultural ecosystems, as further specified in Annex IV, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three years thereafter, until the satisfactory levels, identified in accordance with Article 11(3), are reached:
Amendment 1329 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 1340 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 1353 #
2022/0195(COD)
(c) share of agricultural landland in rural areas with high-diversity landscape features, non- productive areas and other land use with high biological diversity.
Amendment 1372 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. Member States shall put in place restoration measures to ensure that the common farmland bird index at national level based on the species specified in Annex V, indexed on … [OP please insert the date = the first day of the month following 12 months after the date of entry into force of this Regulation] = 1001.01.2020, reaches the following levels:
Amendment 1377 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) 110 by 20305, 120 by 20405 and 130 by 20505, for Member States listed in Annex V with historically more depleted populations of farmland birds;
Amendment 1383 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) 105 by 20305, 110 by 20405 and 115 by 20505, for Member States listed in Annex IV with historically less depleted populations of farmland birds.
Amendment 1390 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 1392 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
For organic soils in agricultural use constituting drained peatlands, Member States shall put in place restoration measures. Member States are obliged to develop a strategy for the protection, restoration and sustainable use of peatlands. The strategy should be set up and implemented in cooperation with land managers and landowners. Those measures shall be in place on at least:
Amendment 1418 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) 30 % of such areas by 2030, of which at least a quartersixth shall be rewetted;
Amendment 1433 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) 50 % of such areas by 2040, of which at least halfa quarter shall be rewetted;
Amendment 1461 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
In addition, Member States may put in place restoration measures to rewet organic soils that constitute drained peatlands under land uses other than agricultural use and peat extraction and count those rewetted areas as contributing, up to a maximum of 240%, to the achievement of the targets referred to in the first subparagraph, points (a), (b) and (c).
Amendment 1470 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Member States shall take measures to maintain cover-up, deforestation and depletion of extensively managed agricultural land, in particular extensive grassland in border yields and in the mountain area.
Amendment 1481 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall put in place the restoration and development measures necessary to enhance biodiversity and resistance of forest ecosystems, in addition to the areas that are subject to restoration and development measures pursuant to Article 4(1), (2) and (3).
Amendment 1493 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall achieve through sustainable forest management an increasing trend at national level of each of the following indicators in forest ecosystems, as further set out in Annex VI, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three yearssix thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:
Amendment 1497 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall achieve an increasing trend at national level of each of the following indicators in forest ecosystems, as further set out in Annex VI, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every threesix years thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:
Amendment 1505 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) standing deadwooddead wood lying and standing in quantity per hectare;
Amendment 1509 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 1513 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(ba) vertical structure richness (single layer, multi-layered, multi-layered);
Amendment 1525 #
Amendment 1527 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
Amendment 1536 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
Amendment 1545 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) location and climate-related tree species composition as a share of the total forest area;
Amendment 1551 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f b (new)
Article 10 – paragraph 2 – point f b (new)
(fb) regular review of nutrient sustainability in representative areas;
Amendment 1555 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f c (new)
Article 10 – paragraph 2 – point f c (new)
(fc) change in percent of forest stand;
Amendment 1556 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f d (new)
Article 10 – paragraph 2 – point f d (new)
(fd) share of timber construction in the construction volume and share of wood chemically valued in the volume of wood;
Amendment 1557 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f e (new)
Article 10 – paragraph 2 – point f e (new)
(fe) area of forests where effective measures have been taken to increase resilience to climate change;
Amendment 1558 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f f (new)
Article 10 – paragraph 2 – point f f (new)
(ff) ecosystem service water protection;
Amendment 1559 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f g (new)
Article 10 – paragraph 2 – point f g (new)
(fg) ecosystem services health, recreation and education in the forest;
Amendment 1560 #
Amendment 1581 #
2022/0195(COD)
Proposal for a regulation
Article 10 b (new)
Article 10 b (new)
Article 10 b Preservation of the effects of restoration measures 1. Member States shall ensure the continuous, long-term and sustained effects of the restoration measures referred to in Articles 4 to 10a, in accordance with Article 12(2), point (i), through effective means, including, when applicable, by the designation of protected areas, by the implementation of other effective area-based conservation measures, or by promoting private land conservation measures, taking into account the ecological requirements of the restored areas while guaranteeing food security. 2. When restoration measures apply to primary and old-growth forests, Member States shall strictly protect them.
Amendment 1587 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall prepare national restoration pland development plans involving owners, land users and their representatives and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in Articles 4 to 10a and the Union’s overarching objectives as set out in Article 1, taking into account the latest scientific evidence.
Amendment 1611 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii
Article 11 – paragraph 2 – point a – point iii
(iii) the favourable reference area taking into account the documented losses over at least the last 70 years and the projected changes to environmental conditions due to climate change;
Amendment 1623 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv
Article 11 – paragraph 2 – point a – point iv
(iv) the areas most suitable for the re- establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change and the conflicting preconditions of different habitat types and species;
Amendment 1630 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate change and the conflicting preconditions of different habitat types and species.
Amendment 1651 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and 10(2), through an open and effective process and assessment, based on the latest scientific evidence and, if available, the framework referred to in Article 17(9) and taking into account the funding provided.
Amendment 1663 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall identify and map the agricultural and forest areas in need of restoration, in particular the areas that, due to intensification or other management factors, are in need of enhanced connectivity and landscape diversityfrastructure measures and settlement activities, are in need of enhanced connectivity and landscape diversity. The type of restoration and development measures recommended in these areas and how restrictions of use and property disadvantages are compensated shall be determined in agreement with the landowner of the area concerned. To this end, the competent authority designated by the Member State shall seek contractual arrangements with landowners or other beneficial owners in order to safeguard the implementation, restriction or omission of the management and use of land under private law.
Amendment 1687 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Member States shall coordinate the development of national restoration plans with the designation of the renewables go- to areas. During the preparation of the nature restoration plans, Member States shall ensure synergies with the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001 remain unchanged. Member States shall ensure that in the permit-granting processes the relevant administrative bodies base their decisions on the principle that the species protection refers to the national population and not to the individual specimens of the species.
Amendment 1697 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6a. Member States shall ensure that Union environmental law is applied to the deployment of energy from renewable sources, the related transmission and distribution network elements as well as storage facilities on the basis of the principle that the species protection refers to the entire population and not to the individual specimens.
Amendment 1707 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 7 – point c
Article 11 – paragraph 7 – point c
(c) measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC without prejudice to the exemptions set out in articles 4(3), 4(4), 4(5) and 4(7) thereof;
Amendment 1762 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 11
Article 11 – paragraph 11
11. Member States shall ensure that the preparation of the restoration or development plan is open, inclusive and effective and that the public as well as all the stakeholders affected by restoration measures is given early and effective opportunities to participate in its elaboration. Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.
Amendment 1772 #
Amendment 1774 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 11 b (new)
Article 11 – paragraph 11 b (new)
11b. The paragraphs 1 to 11 also apply when regional and sub-regional restoration or development plans are prepared (cross border management).
Amendment 1779 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Member States shall provide the possibility of adjustment and correction measures of the national restoration and development plan.
Amendment 1780 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
1b. Member States shall cooperate bilaterally and within regional and sub- regional cooperation mechanisms to protect biodiverse ecosystems especially if the ecosystems extend beyond the borders. When ecosystems extend the borders of a Member State, national restoration and development plans shall be extended to common regional restoration or devlopment plans.
Amendment 1812 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
(e) the inventory of barriers and the barriers identified for removal in accordance with Article 7(1), the plan for their removal in accordance with Article 7(2) and an estimate of the length of free- flowing rivers to be achieved by the removal of those barriers by 2030 and by 2050, and any other measures to re- establish the natural functions of floodplains in accordance with Article 7(3); without restricting the use of hydroelectric power;
Amendment 1821 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point h
Article 12 – paragraph 2 – point h
(h) the monitoring of the areas subject to restoration or development in accordance with Articles 4 and 5, the process for assessing the effectiveness of the restoration or development measures put in place in accordance with Articles 4 to 10 and for revising those measures where needed to ensure that the targets and obligations set out in Articles 4 to 10 are met or revised;
Amendment 1846 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point l
Article 12 – paragraph 2 – point l
(l) the estimated financing needs for the implementation of the restoration measures, which shall include the description of the support to stakeholders and compensation for property-related disadvantages of the landowners concerned affected by restoration measures or other new obligations arising from this Regulation, and the means of intended financing, public or private, including (co-) financing with Union funding instruments;
Amendment 1859 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point n
Article 12 – paragraph 2 – point n
(n) a summary of the process for preparing and establishing the national restoration plan, including information on public participation and the landowners affected by potential restoration measures and of how the needs of local communities and stakeholders have been considered and how ownership rights have been respected;
Amendment 1872 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point o a (new)
Article 12 – paragraph 2 – point o a (new)
(oa) a dedicated section explaining how to ensure that the implementation of the recovery plans does not lead to a depopulation of agricultural and forestry production in third countries and to ensure self-sufficiency with regional, high-quality food and biogenic raw materials;
Amendment 1896 #
2022/0195(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall submit a draft of the national restoration plan referred to in Articles 11 and 12 to the Commission by… [OP please insert the date = the first day of the month following 2436 months after the date of entry into force of this Regulation].
Amendment 1901 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall assess the draft national restoration plans within sixnine months of the date of receipt. When carrying out that assessment, the Commission shall act in close cooperation with the Member State concerned.
Amendment 1905 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration or development plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features as well as ensuring that the implementation of the recovery plans does not lead to migration of agricultural and forestry production to third countries and that self-supply with regional, high- quality food and biogenic raw materials can be ensured.
Amendment 1913 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features.
Amendment 1916 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 104% of the Union’s agricultural area with high-diversity landscape features.
Amendment 1926 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission may address observations to Member States within sixnine months of the date of receipt of the draft national restoration plan.
Amendment 1941 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Member States shall finalise, publish and submit to the Commission the national restoration plan within sixnine months from the date of receipt of observations from the Commission.
Amendment 1960 #
2022/0195(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. When it becomes apparent that the measures set out in the national restoration or development plan will not be sufficient to comply with the targets and obligations set out in Articles 4 to 10, based on the monitoring in accordance with Article 17, Member States shall revise the national restoration planor development plan, revise the measures and targets and include supplementary measures.
Amendment 1965 #
2022/0195(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Based on the information referred to in Article 18(1) and (2) and the assessment referred to in Article 18(4) and (5), if the Commission considers that the progress made by a Member State is insufficient to comply with the targets and obligations set out in Articles 4 to 10, the Commission may request the Member State concerned to submit an updated draft national restoration plan with supplementary measures provide additional measures, including a description of the funding required for this purpose . That updated national restoration plan with supplementary measures shall be published and submitted within six months from the date of receipt of the request from the Commission.
Amendment 1981 #
2022/0195(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that members of the public, in accordance with national law, that have a sufficientlegitimate interest or that maintain the impairment of a right as well as affected landowners and managers, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the national restoration plans and any failures to act of the competent authorities, regardless of the role members of the public have played during the process for preparing and establishing the national restoration plan.
Amendment 1988 #
2022/0195(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient in accordance with the Aarhus convention.
Amendment 2019 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 2030 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point h a (new)
Article 17 – paragraph 1 – point h a (new)
(ha) the progress towards the planting of three billion climate-adapted additional trees referred to in Article 10a.
Amendment 2049 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, the lying deadwood, the share of forests with uneven-aged structure, the coverage of climate-adopted trees, the forest connectivity and the stock of organic carbon, shall be carried out at least every three years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC.
Amendment 2113 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 2122 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 2130 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 2138 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 2143 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 2156 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
Amendment 2159 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 7 a (new)
Article 19 – paragraph 7 a (new)
7a. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 concerning the development of a uniform and scientifically sound survey and evaluation methodology to ensure a Union-wide standard for the establishment of a database as referred to in Article 4. Based on this, Union-wide recovery targets will be set.
Amendment 2160 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 7 b (new)
Article 19 – paragraph 7 b (new)
7b. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 to develop a uniform and scientifically based collection and analysis methodology in order to ensure a Union-wide standard for the establishment of a data base as referred to in Article 4. Building on this, Union-wide recovery objectives will be set.
Amendment 2284 #
2022/0195(COD)
Proposal for a regulation
Annex IV – row 4
Annex IV – row 4
Share of agricultural Description: High-diversity landscape features are elements of land with high- permanent natural or semi-natural vegetation present in an diversity landscape agricultural context, which provide ecosystem services and support features for biodiversity. In order to do so, landscape features need to be subject to as little external disturbances as possible to provide safe habitats for various taxa, and therefore need to comply with the following conditions: a) they cannot be under productive agricultural use (including grazing or fodder production),and b) they should not receive fertilizer or pesticide treatment. Land lying fallow can be considered as high diversity landscapemust either be managed in a way that promotes biodiversity or not used for productive agriculture at all. b) they should not receive fertilizer or pesticide treatment, unless they exclusively contain active substances that may be used in accordance with Regulation 5EU) 2018/848. Land lying fallow as well as cultivated land can be considered as high diversity landscape features if it complies with criteria (a) and (b) above. Productive trees part of arable land agroforestry system (b) above. Productive trees and productive elements in non- elements in non- productive hedges can also be considered as high diversity diversity landscape features, if they comply with criterion (b) above, and if harvests take place only at moments where it would not compromise high biodiversity levels.. Unit: Percent (share of Utilised Agricultural Area). Methodology: as developed under indicator I.21, Annex I of Regulation 2021/2115,as based on LUCAS for landscape elements, Ballin M.et al., Redesign sample for Land Use/Cover Area frame Survey (LUCAS), Eurostat2018, and for land laying fallow, Farm Structure, Reference Metadatain Single Integrated Metadata Structure, online publication, Eurostat.
Amendment 35 #
2022/0192(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Those objectives can be attained only by means of a Union network for the collection of farm sustainability data (hereinafter referred to as ‘data network’), based on data collectors existing in each Member State, enjoying the confidence of the parties concerned. Member States or responsible national authorities should endeavour to modernise data collection modes as far as possible. In order to reduce the administrative burden for farmers and data collectors, with the aim to avoid the duplication of data requests and data collection and to enrich the FSDN data set, the principle of collecting data once and re-useing it multiple times should be applied for the purposes of this Regulation. Therefore, all existing relevant data collected in accordance with other relevant Union legal acts should be relied on and reused, such as data collected on the basis of Annex I to Regulation (EU) 2021/2115 of the European Parliament and of the Council26a. The Open Data Directive 27 will be considered. The use of digital solutions should be promoted, including re- use of data and data sharing with other sources. It should be provided for that the system based exclusively on farm accountancy offices may be extended in view of collecting environmental and social variables and that the data collection may be based both on regular and special surveys depending on the informative needs. _________________ 27 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information. PE/28/2019/REV/1.
Amendment 81 #
2022/0192(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1217/2009
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The competent authority for FSDN may useIn order to limit the administrative burden on farmers and other relevant stakeholders, the competent authority for FSDN shall, where possible, use and rely on other data sources in order to collect and re-use relevant existing or already- collected data to feed the FSDN surveys.
Amendment 85 #
2022/0192(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 Regulation (EC) No 1217/2009
Article 1 – paragraph 1 – point 8 Regulation (EC) No 1217/2009
Amendment 138 #
2022/0134(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The prospect of obtaining EU long- term resident status in a Member State after a certain time is an imopportant elementunity for the full integration of beneficiaries of international protection in the Member State of residence. Beneficiaries of international protection should therefore be able to obtain EU long-term resident status in the Member State which granted them international protection, subject to the same conditions as other third-country nationals.
Amendment 175 #
2022/0134(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Professional qualifications acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. QProfessional qualifications acquired in a third country should be taken into account in accordance with Directive 2005/36/EC of the European Parliament and of the Council35 . This Directive should be without prejudice to the conditions set out under national law for the exercise of regulated professions. _________________ 35 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 233 #
2022/0134(COD)
Proposal for a directive
Article 3 – paragraph 2 – point f a (new)
Article 3 – paragraph 2 – point f a (new)
(fa) have a residence permit granted on the basis of any type of investment in a Member State.
Amendment 234 #
2022/0134(COD)
Proposal for a directive
Article 3 – paragraph 2 – point f b (new)
Article 3 – paragraph 2 – point f b (new)
(fb) have a residence permit because of impediments to the enforcement of a return decision, unless the impediments is beyond the applicant's control.
Amendment 241 #
2022/0134(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall establish appropriate control mechanisms to ensure that the requirement of legal and continuous residence is duly monitored, with particular regard to applications submitted by third-country nationals holding and/or having held a residence permit granted on the basis of any kind of investment in a Member State.
Amendment 244 #
2022/0134(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall allow third- country nationals to cumulate periods of legal residence in different Member States in order to fulfil the requirement concerning the duration of residence, provided that they have accumulated twoat least three years of legal and continuous residence within the territory of the Member State where the application for EU long-term resident status is submitted immediately prior to the submission of the application. For the purpose of cumulating periods of residence in different Member States, Member States shall not take into account periods of residence as a holder of a residence permit granted on the basis of any kind of investment in another Member State. Periods for which an application is being processed shall only be considered by the Member State that assessed the application.
Amendment 248 #
2022/0134(COD)
Proposal for a directive
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
Any period of residence spent as a holder of a long-stay visa or residence permit issued under Union or national law, including the cases covered in Article 3(2), points (a), (b), (c) and (e), shall be taken into account for the purposes of calculating the period referred to in paragraph 1, where the third- country national concerned has acquired a title of residence which will enable him/her to be granted EU long-term resident status. Any period of residence as a holder of a long-stay visa or residence permit issued under national law shall only be considered by the Member State that granted the long-stay visa or residence permit according to its national law.
Amendment 255 #
2022/0134(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) stable and regular resources , also made available by a third party, which are sufficient to maintain himself/herself and the members of his/her family, without recourse to the social assistance system of the Member State concerned. Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions prior to the application for long-term resident status;
Amendment 269 #
2022/0134(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long-term resident permitthe applicants to comply with stricterthe same resources and integration conditions thanas those imposed on applicants for such nationalEU long- term residencet permits.
Amendment 271 #
2022/0134(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
6 Public policy and publicinternal security
Amendment 272 #
2022/0134(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States may refuse to grant EU long-term resident status on grounds ofwhere the person concerned constitutes a threat to public policy or publicinternal security.
Amendment 276 #
2022/0134(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 280 #
2022/0134(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. To acquire EU long-term resident status, the third-country national concerned shall lodge an application with the competent authorities of the Member State in which he/she resides. The application shall be accompanied by documentary evidence to be determined by national law that he/she meets the conditions set out in Articles 4 and 5 as well as, if required, by be in possession of a valid travel document or its certified copythat confirm his/her identity. .
Amendment 285 #
2022/0134(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Where the documents presented or information provided in support of the application are inadequate or incomplete, the competent authorities shall notify the applicant of the additional documents or information that are required and shall set a rdeasonable deadlinedline of not more than 2 months for presenting or providing them. The period referred to in the first subparagraph shall be suspended until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application mayshall be rejected.
Amendment 294 #
2022/0134(COD)
Proposal for a directive
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. The period referred to in Article 7(2) shall be suspended until the authorities have received the reply pursuant to paragraph 5 and 6 of this Article.
Amendment 295 #
2022/0134(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) detection of fraudulent acquisition of EU long-term resident status or through bribery;
Amendment 297 #
2022/0134(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) in the event of absence from the territory of the Union for a period of 124 consecutive months or a total of 18 months within a 24-month period.
Amendment 300 #
2022/0134(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
(ca) in the event of repeated criminal activity in one or more Member States, other than that Member State granting the status of long term residency.
Amendment 302 #
2022/0134(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. By way of derogation from paragraph 1, point (c), Member States may provide that absences for specific or exceptional reasons exceeding 124 consecutive months or a total of 18 months within a 24-month period, shall not entail withdrawal or loss of status.
Amendment 306 #
2022/0134(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States may provide that the EU long-term resident shall no longer be entitled to maintain his/her EU long- term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the offences he/she committed, but such threat is not a reason for ending his/her legal stay within the meaning of Article 13.
Amendment 310 #
2022/0134(COD)
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
In any case after sixfive years of absence from the territory of the Member State that granted EU long-term resident status the person concerned shall no longer be entitled to maintain his/her EU long term resident status in the said Member State.
Amendment 312 #
2022/0134(COD)
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
By way of derogation from the second subparagraph, the Member State concerned may provide that for specific reasons the EU long-term resident shall maintain his/her status in the said Member State in case of absences for a period exceeding sixfive years.
Amendment 314 #
2022/0134(COD)
Proposal for a directive
Article 9 – paragraph 6 – subparagraph 3
Article 9 – paragraph 6 – subparagraph 3
Amendment 325 #
2022/0134(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long- term resident applicants to pay higherthe same fees than those imposed on applicants for national residence permits.
Amendment 343 #
2022/0134(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States may take a decision ending the legal stay of an EU long-term resident solely where he/she constitutes an actual and sufficiently serious threat to public policy or publicinternal security or when he/she has committed a crime where prison is within the range of punishment.
Amendment 348 #
2022/0134(COD)
Proposal for a directive
Article 13 – paragraph 3 – point a
Article 13 – paragraph 3 – point a
(a) the duration of residence in their territory and the periods of absence as provided in paragraphs 1 and 2 of Article 9;
Amendment 352 #
2022/0134(COD)
Proposal for a directive
Article 13 – paragraph 3 – point d a (new)
Article 13 – paragraph 3 – point d a (new)
(da) where applicable, the seriousness and type of criminal activity or the danger for repetitive criminal activity
Amendment 371 #
2022/0134(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. By way of derogation fromIn compliance with Article 14(2) of Directive 2003/86/EC, Member States shall notmay examine the situation of their labour market when they find it relevant.
Amendment 376 #
2022/0134(COD)
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) stable and regular resources , also made available by a third party, which are sufficient to maintain themselves and the members of their families, without recourse to the social assistance of the Member State concerned. For each of the categories referred to in Article 16(2), Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions;
Amendment 398 #
2022/0134(COD)
Proposal for a directive
Article 19 – title
Article 19 – title
19 Public policy and publicinternal security
Amendment 401 #
2022/0134(COD)
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
Amendment 410 #
2022/0134(COD)
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 2
Article 24 – paragraph 2 – subparagraph 2
Amendment 421 #
2022/0134(COD)
Proposal for a directive
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. The obligation to take back shall also apply for such criminal activities as set out in Article 9 c.
Amendment 423 #
2022/0134(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Upon application, the second Member State shallmay grant EU long-term residents the status provided for by Article 7, subject to the provisions of Articles 3, 4, 5 and 6. The second Member State shall notify its decision to the first Member State.
Amendment 137 #
2022/0131(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Member States should also put in place effective mechanisms through whichensure in their national legal system that third- country workers may seek legal redress and lodge complaints directly or through third parties having, in accordance with the criteria laid down by the national law, a legitimate interest in ensuring compliance with this Directive, such as trade unions or other associations, or competent authorities. That is considered necessary to address situations where third- country workers are unaware of the existence of enforcement mechanisms or hesitant to use them in their own name, for example out of fear of possible consequences.
Amendment 195 #
2022/0131(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall make easily accessible, and provide upon request, in English:
Amendment 236 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The right of the single permit holder to pursue such a change of employer may be suspended for a maximum of 30 days while the Member State concerned checks the labour market situation and verifies that the requirements laid down by Union or national law are fulfilled. The time limit may be extended in exceptional circumstances linked to the complexity of the check. The Member State concerned may oppose the change of employment within those 30 days.
Amendment 240 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Within the period of validity referred to in paragraph 1, the single permit shall not be withdrawn during a period of at least threewo months in the event of unemployment of its holder. Member States shall allow the third-country national to stay in their territory until the competent authorities have taken a decision in accordance with paragraph 3, point (b), as relevant, even if that period of at least three months expired.
Amendment 79 #
2022/0104(COD)
Proposal for a directive
Recital 33
Recital 33
(33) It is therefore appropriate for Directive 2010/75/EU to address the right for compensation for damages suffered by individuals. To ensure that individuals can defend their rights against damages to health caused by violations of Directive 2010/75/EU and thereby ensure a more efficient enforcement of that Directive, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, either on behalf of or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States usually enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity. However, experience shows that while there is overwhelming epidemiologic evidence on the negative health impacts of pollution on the population, in particular as regards air, it is difficult for the victims of violations of Directive 2010/75/EU under the procedural rules on the burden of proof generally applicable in the Member States to demonstrate a causality link between the suffered harm and the violation. As a result, in the majority of cases, victims of violations of Directive 2010/75/EU do not have an effective way to obtain compensation for the harm caused by such violations. To strengthen the rights of individuals to obtain compensation for violations of Directive 2010/75/EU and to contribute to a more efficient enforcement of its requirements throughout the Union, it is necessary to adaptfacilitate the burden of proof applicable to such situations. Therefore, when an individual can provide sufficiently robust evidence to give rise to a presumption that the violation of Directive 2010/75/EU is at the origins of the damage caused to the health of an individual, or has significantly contributed to it, it should be for the defendant to rebut that presumption in order to escape his liability.
Amendment 247 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4
Article 79a – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violwho made the allegation to prove that the violation did not cause or contribute to the damage.
Amendment 158 #
2022/0089(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In light of commercial practices and Union jurisprudence clarity is required on the use of a geographical indication in the sale name of a processed product of which the product designated by the geographical indication is an ingredient. It should be ensured that such use is made in accordance with fair commercial practices and does not weaken, dilute or is not detrimental to the reputation of the product bear, if there is no misuse, evocation or imitation withing the geographical indication. A consent of a large majority of the producers of geographical indications concerned should be required to allow such a usemeaning of Article 27(1).
Amendment 200 #
2022/0089(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In order to supplement or amend certain non-essential elements 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 respect of defining sustainability standards and laying down criteria for the recognition of existing sustainability standards; clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the tasks related to scrutiny for opposition and the opposition procedure, operation of the register, publication of standard amendments to a product specification, consultation in the context of cancellation procedure, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name, scrutiny of third country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications34, proposed for protection pursuant to international negotiations or international agreements; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of terms; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. 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 of 13 April 2016 on Better Law-Making35. 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. _________________ 34 https://www.wipo.int/publications/en/detail s.jsp?id=3983 35 OJ L 123, 12.5.2016, p. 1.
Amendment 530 #
2022/0089(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
(1) Article 27 is without prejudice to the use of a geographical indication by operators in conformity with Article 36 to indicate that a processed product contains, as an ingredient, a product designated by that geographical indication provided that such if there is no unlawful misuse, is made in accordance with honest commercial practices and does not weaken, dilute or is not detrimental to the reputation of the geographical indicationmitation or evocation within the meaning of Article 27(1).
Amendment 532 #
2022/0089(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 535 #
2022/0089(COD)
Amendment 2 #
2021/2254(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to the European Parliament resolution of 15 November 2017 on an Action Plan for nature, people and the economy;
Amendment 4 #
2021/2254(INI)
Draft opinion
Recital A
Recital A
A. whereas women are more likely than men to work in the informal economy and whereas their importance for the rural economy is not acknowledged, which means that their role and importance in rural areas are overlooked and their importance for the rural economy is not recognised due to their participation in the informal rural economy;
Amendment 11 #
2021/2254(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the gender employment gap is more pronounced in rural areas than in cities, and young women are more likely to leave rural areas;
Amendment 12 #
2021/2254(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the EU economy and society face multiple challenges regarding the demographic change, the digitalisation of the economy and society, increasing European and global integration and the transition to an almost CO2 neutral economy, lifestyles and work patterns; whereas rural areas are often particularly affected by these challenges;
Amendment 15 #
2021/2254(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas rural areas are the place of residence and work for many people and as well the location of enterprises from all sectors of the economy, in particular of small and medium-sized enterprises, whereas they are the place of production of agriculture and forestry but also perform important ecological functions and provide space for leisure and recreation;
Amendment 22 #
2021/2254(INI)
Draft opinion
Recital B
Recital B
B. whereas women perform more than one function; whereas women are enabl in the context of their individual family and professional ties and, in this diversity of roles, also make a significant contribution to progress and innovation at all levels of society and to an increase in the quality of life, especially in rural areas; whereas women in rural areas are drivers of the transition to a greener society and economy;
Amendment 31 #
2021/2254(INI)
Draft opinion
Recital C
Recital C
C. whereas only 30 % of farms across the EU are managed by women; whereas SMEs are predominant in rural region and, if they do, farms tend to be smaller, with lower incomes and less access to financial support; whereas rural regions are dominated by SMEs;
Amendment 39 #
2021/2254(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas social protection for women working in agriculture is an essential element of modern and sustainable rural development;
Amendment 43 #
2021/2254(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas in the EU the proportion of rural inhabitants with at least basic digital skills in 2019 is 14 percentage points lower than that of urban residents (48 % vs. 62 %);
Amendment 45 #
2021/2254(INI)
Draft opinion
Recital C c (new)
Recital C c (new)
Cc. whereas the economy and society as a whole benefit from the geographically decentralised economic structure in rural areas, i.e. the distribution of small and medium-sized enterprises not only in a few locations, but widely distributed in many locations, whereas such a distribution structure supports decentralised value creation and associated decentralised income opportunities, especially in rural areas, thus enabling vital rural areas; whereas the multiple opportunities in rural areas allow citizens and especially women to build up and benefit from creative living and work situations;
Amendment 51 #
2021/2254(INI)
Draft opinion
Recital C d (new)
Recital C d (new)
Cd. whereas services of general interest play an important role in rural areas and in achieving the objective of territorial cohesion, whereas it is important to promote mobility in rural areas that is widely available, efficient and affordable and taking into account the SDGs;
Amendment 53 #
2021/2254(INI)
Draft opinion
Recital C e (new)
Recital C e (new)
Ce. whereas it is necessary to advance the digital agenda in rural areas and develop a comprehensive broadband infrastructure and sustainable jobs in order to maintain and strengthen the competitiveness, digital participation, equal living conditions and a better work- life balance;
Amendment 57 #
2021/2254(INI)
Draft opinion
Recital C f (new)
Recital C f (new)
Cf. whereas there are often difficulties in accessing adequate health and care services in rural areas that includes deficits in local health services and unusually long waiting times to see certain specialists, whereas cross-border healthcare services can offer a better option to patients in situations where the most appropriate treatment or the nearest hospital is in another Member State;
Amendment 70 #
2021/2254(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and member States to design rural areas in such a way that women of all generations remain in their immediate vicinity and take entrepreneurial initiatives and thus contribute to revitalisation and development;
Amendment 75 #
2021/2254(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underlines the diversity of rural actors and their importance for the sustainability of rural areas;
Amendment 89 #
2021/2254(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the needs of women in rural areas to be addressed through appropriate – and where necessary pepolicies to be designed that take into account the needs of women in rural areas, such as adequate, where appropripatetic –, mobile healthcare, childcare and care for the elderly, thereby promoting women’s social security rights, including maternity leave or pension rights, and women’s access to available EU funds;
Amendment 95 #
2021/2254(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the central role rural areas can play in addressing societal challenges, by providing ecosystem services to mitigate climate change and environmental deterioration, ensuring sustainable food production, preserving rural heritage, and contributing to a just, green and digital transitionproviding unique cultural landscape for leisure and recreation purposes and contributing to a just, green and digital transition; stresses in this regard the synergies between rural communities, environmental protection, food security and animal welfare awareness;
Amendment 111 #
2021/2254(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on Member States to intensify their efforts to support live-long learning, professional education and guidance systems, with the close involvement of municipalities and the promoters of such measures from business organisations and chambers, as this can contribute significantly to promoting gender balanced employment in rural areas;
Amendment 114 #
2021/2254(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls onfor the Member States to create a ubiquitous and seamlessmultitude of opportunities in rural areas to be exploited and for the development of a comprehensive broadband infrastructure, as well as to enable creative housliving and work opportunities, andsituations and to create quality jobs that facilitate the reconciliation of work and family life.;
Amendment 121 #
2021/2254(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for better access to high- quality public services and infrastructure, in particular digital infrastructure, and for the deployment of widely available, efficient and affordable mobility opportunities that meet the SDGs;
Amendment 124 #
2021/2254(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on Member States to facilitate multimodality and to provide easy and comfortable transitions from one mode of transport to another; emphazises that in order to ensure that mobility chains are as seamless and accessible as possible, better infrastructure conditions must be created; reiterates that his includes infrastructure standardisation, in particular to facilitate cross-border projects and mobility;
Amendment 126 #
2021/2254(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that rural areas are particularly vulnerable to the impacts of crisis, such as the COVID pandemic and the war in Ukraine but are also capable of offering new opportunities in response to such crisis, while ensuring more food self- sufficiency;
Amendment 131 #
2021/2254(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Commission and the Member States to design funding programs or support measures in such a way that the bureaucratic burden is easily manageable for smaller businesses and stakeholders; Calls on the Commission and the Member States to ensure that individuals or smaller initiatives are also able to overview and apply for funding opportunities and are given assistance in doing so;
Amendment 136 #
2021/2254(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on the Commission and the Member States to further promote cross- border health and care services, especially in rural areas, and to pay particular attention to this aspect in the revision of Directive2011/24/EU, thereby reducing bureaucratic barriers to the provision and use of cross-border health and care services and to establish a better interaction between different healthcare systems;
Amendment 154 #
2021/2254(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 216 #
2021/2254(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that the European Green Deal comes with challenges and can open up new opportunities in rural areas and a new dynamic for a more resilient future, whileprovided that it ensuringes a just and inclusive transition;
Amendment 227 #
2021/2254(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines the central role agriculture plays in rural areas; insists that sustainable agriculture, providing faibetter income to farmers, is and facilitating access to investments, research and innovation are crucial for the vitality of these territories;
Amendment 240 #
2021/2254(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Urges to draw attention to the current situation of livestock producers, living in regions recently repopulated and colonised by large carnivore species and being constantly attacked or at risk of attack by large carnivores; calls the Commission to protect livestock producers, their livelihoods, homes and animals from Europe´s ever increasing population of large carnivores with effective population management measures; calls in this regard on need to guarantee the economic vitality and the harmonious balance of biodiversity and man;
Amendment 253 #
2021/2254(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Recalls that the coexistence of people and large carnivores, particularly wolves, can have important impacts on Europe’s rural areas, including traditional agriculture and other socio- economic activities; calls on the Commission and the Member States to take concrete measures to address these issues, while recognising the available flexibility within the Habitats Directive; calls on the Commission to develop an assessment procedure to enable the protection status of species in particular regions to be amended as soon as the desired conservation status is reached;
Amendment 266 #
2021/2254(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that diversification of and innovation in the rural economy based on local potential are crucial to drawing opportunities from the digital and green transition; calls on the Member States to put in place measures to support the fair transition and diversification of the rural economy; recalls that agriculture, forestry and fishery boost employment and farm diversification in rural areas; stresses in this regard the need to encourage and promote cooperatives in their role to bring social and economic benefits to farmers, consumers and businesses in rural areas;
Amendment 287 #
2021/2254(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. RegretUrges that the work of rural women is still not properlybetter recognised; calls on the Commission and the Member States to take action to design and implement measures to fight gender gapclose gender gaps; stresses that gender awareness and monitoring should be applied in the definition, planning and implementation of policies for rural communities;
Amendment 312 #
2021/2254(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Highlights the central role of rural areas in the transition to a low-carbon economy; stresses that initiatives in rural areas, such as renewable energy infrastructure, bioeconomy, must contribute effectively to the economic and social vitality of such areas;
Amendment 319 #
2021/2254(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Emphasized the need to further develop a dense road network and other infrastructures such as reliable electricity grid as important tool for rural vitality;
Amendment 337 #
2021/2254(INI)
18a. Urges that rural areas need access to basic services via innovative rural- proofed solutions for mobility, education, training, healthcare services, child and elderly care;
Amendment 350 #
2021/2254(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that the digital transition brings about new opportunities for rural areas, which are only accessible if there is adequate, high-speed, stable and accessible broadband coverage across all rural areas; warns of the risks of the widening of the rural digital gap as a result of the lack of 5G coverage, and calls on Member States to mobilise all available instruments to prevent it;
Amendment 358 #
2021/2254(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Draws attention to the fact that the comparative lack of digital skills in rural areas can preclude rural communities from benefiting from the opportunities of digitalisation; calls for measures that ensure digital inclusion and support an enabling environment for rural digital innovation and contribute to the further development of smart farming and smart villages;
Amendment 396 #
2021/2254(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges Member States to address the specific challenges of rural areas during the implementation of the current multiannual financial framework programmes and to provide the investments needed forand facilitate access to the investments needed to increase farm economic and environmental performance and social inclusion and job creation, in order to foster competitiveness and enable a just digital and green transition;
Amendment 423 #
2021/2254(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the role that all EU policies and funds, both shared and those under direct management, must play in supporting rural areas and underlines the need for policy coherence;
Amendment 452 #
2021/2254(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for more community-based policy design, involving local actors, including farmers and agricultural cooperatives, authorities and civil society, and insists therefore that they must play an active role from decision-making to policy implementation and evaluation;
Amendment 16 #
2021/2239(INI)
Motion for a resolution
Recital C
Recital C
C. whereas organic agriculture offers many environmental benefits and has the potential to help the agricultural sector play its part in the fight against climate change and adaptation to climate change and in addressing key challenges such as soil fertility and biodiversity loss;
Amendment 99 #
2021/2239(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that Member States should engage all stakeholders, especially organic farmers and associations, the agri-food sector along the value chain, local and regional authorities, consumer and private sector representatives and the hospitality industry, including large-scale caterers, in a consultative process when adopting their national OAPs to achieve the best possible synergies;
Amendment 111 #
2021/2239(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges that organic production often involves higher production costs and, therefore, needs higher market prices to recover those costs; points out that higher consumer prices may represent a barrier to expansion but that they are necessary to ensure the continuation of organic farming and its further uptake; notes that higher prices must be backed by corresponding performance, in this case process quality;
Amendment 224 #
2021/2239(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes the potential of short, local and seasonal food supply chains and direct marketing opportunities for organic producers and rural economies to deliver economic and environmental benefits by securing incomes and preserving and creating employment, while contributing to animal welfare, as well as environmental, biodiversity and climate protection; points out that market development holds a key to the sustainable development of the organic sector;
Amendment 236 #
2021/2239(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Commission’s support for the development of bio-districteco-regions within Member States, as they are multifunctional in nature and create synergies between farmers, consumers, processing companies, retailers, the hospitality industry and cultural enterprises;
Amendment 241 #
2021/2239(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the fundamental importance of expanding the structured exchange of knowledge and best practices on organic farming among Member States and farmers; believes in the benefits of growing collaboration between scientists, advisory services or consultants, the education sector, farmers and society in this respect; highlights the important role to be played by farm advisory services, which Member States must include in their CAP strategic plans, in the development of the organic sector;
Amendment 248 #
2021/2239(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Is convinced that good information on organic farming in vocational education, e.g. in production, processing, artisanal food production and kitchens, is an important element and a foundation for the development of the organic sector;
Amendment 265 #
2021/2239(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need for research and innovation to overcome restrictions in organic agriculture, such as the availability of organic protein feed, vitamins, plant protection products, fertilisers and genetic resources, to further develop robust farming systems and to encourage meeting societal expectations on biodiversity, climate change or adaptation, animal welfare and efficient resource use; welcomes the Commission’s intention to earmark Horizon Europe funding in this respect; calls on the Commission to stimulate and foster cooperation between research communities working on organic and conventional food and farming;
Amendment 302 #
2021/2239(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Supports the Commission’s intention to extend the EU Market Observatories’ analysis to organic products; stresses the importance of intensifying collection and improving availability of accurate and timely data, including at regional level, on the organic sector, particularly on production, consumption, trade within the EU and with non-EU countries and delivery on sustainability, including farm gate and retail prices, consumer preferences, supply chain structures, added value and farmers’ share in supply chains, in order to shape and monitor EU policy on organic production, evaluate consumption and production trends and increase transparency and confidence in the organic sector through determining environmental, economic and social effects;
Amendment 99 #
2021/2205(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to ensure that at least 10 % of the funding allocated to them under the scheme every yearmade available to them every year for implementation of the scheme is earmarked for educational measures in order to render those measures more frequent and widespread;
Amendment 136 #
2021/2205(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the products for distribution should becontinue to be conventional, regional, preferably unprocessed, organic and originate in the EU; calls on the Commission to introduce requirements to ensure that the products comply with objective criteria, including health, environmental and ethical considerations, seasonality, variety, the availability of local produce, and giving priority to short supply chains; stresses that in the case of bananas, fair-trade products from third countries may only be given priority when equivalent products originating in the EU are not available; emphasises that products should reflect local eating habits and crop types as far as possible;
Amendment 174 #
2021/2205(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission and the Member States to reduce the administrative burden of implementing the scheme, particularly in the context of distribution measures to improve participation rates and the use of national budgets; considers that one way of streamlining the scheme could be to simplify the procurement procedures, to extend running times and to reduce the inspection effort so that schools wishing to participate do not have to shoulder the administrative burden;
Amendment 67 #
2021/2025(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes that all Member States are being scrutinised along the same indicators and in accordance with the same methodology; appreciates that the Commission includes observations and findings about all Member States; regrets, however, that the current presentation of the report neither differentiates between the severity of the identified rule of law issues nor whether these are of systemic nature or individual, disconnected breaches; is of the opinion that there is a serious difference between systemic and individual, disconnected breaches of the rule of law; emphasises that this equal presentation of breaches of different nature carries the risk of trivialising the most serious rule of law breaches; urges the Commission to differentiate its reporting by distinguishing between systemic and individual, disconnected breaches of rule of law; calls on the Commission to update its methodology accordingly and keep Parliament informed without undue delay;
Amendment 85 #
2021/2025(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes that the first rule of law report is mostly descriptive of the situation in the Member States; calls on the Commission to make the report more analytical in the future and also include specific assessments and recommendations to the Member States on how to improve or remedy the breaches; underlines that these recommendations should include deadlines for implementation, where appropriate, and asks the Commission to include a follow-up on the implementation of its recommendations in its future reports;
Amendment 141 #
2021/2025(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the dedication of a specific chapter to anti-corruption efforts in each country report; points out that while the existence of national anticorruption strategies can be considered progress, their effectiveness on the ground must also be assessed; notes that an assessment of the resilience of the anti-corruption framework to tackle corruption-related risks in the area of public procurement remains largely absent from the 2020 report; invites the Commission to place greater emphasis on the misuse of EU funds, particularly in view of the new conditionality mechanism;
Amendment 286 #
2021/2025(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the Commission to use the findings of the annual report in its assessment that forms the basis of the mechanism to protect the budget against breaches of the principle of the rule of law; reiterates its call on the Commission to dedicate a specific section of the annual report to an analysis of cases where breaches of the principles ofunderlines that the annual rule of law report is an independent and separate tool from the Regulation (EU, Euratom) 2020/2092 on the general regime of conditionality for the protection of the Union budget, which both serve different purposes: while the annual rule of law reporting has a preventive and informative character aimed at providing a broader overview of the situation and possible breaches regarding the rule of law in a particularll Member State could affect or seriously rs independent of any link to the budget of the Union, Regulation (EU, Euratom)2020/2092 is a conditionality mechaniskm affecting the sound financial management of the Union budget in a sufficiently direct wayimed at sanctioning breaches or the risk of a breach with a direct link to the budget or financial interests of the Union;
Amendment 288 #
2021/2025(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Emphasises the importance of keeping these two distinct legal tools clearly separated to avoid any kind of unlawful interference; acknowledges that the Commission can use the annual rule of law report as an important source of information when building cases for the application of Regulation (EU, Euratom) 2020/2092; is however of the opinion that concrete information relevant specifically for the application of Regulation (EU, Euratom) 2020/2092 should not merely be included as a chapter of the annual rule of law report, but should be presented as a separate report under the auspices of DG BUDG, as this report would include information drawn from a variety of different sources besides the annual rule of law report, including but not limited to reports by the ECA, OLAF and EPPO, audit reports by the Commission and national audit authorities, judgments by the CJEU and national courts, analyses by the FRA and information from different systems such as EDES and ARACHNE; calls therefore on the Commission to provide a distinct report with information about breaches or potential breaches of the principles of rule of law by a Member State which could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct way; asks the Commission to align with Parliament whether this report should be presented annually, or on a continuous semi-annual or quarterly basis;
Amendment 296 #
2021/2025(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to assess in successive reports how the issues identified in the areas analysed in previous reports have evolved; calls on the Commission to follow-up on its previous observations and analyse any positive or negative developments while highlighting in particular any systemic or reoccurring patterns of rule of law breaches;
Amendment 38 #
2021/0427(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) A situation of instrumentalisation of migrants may arise where a third country or non-State actor instigates irregular migratory flows into the Union by actively encouraging or facilitating the movement of third country nationals to the external borders, onto or from within its territory and then onwards to those external borders, where such actions are indicative of an intention of a third country to destabilise the Union or a Member State, where the nature of such actions is liable to put at risk essential State functions, including its territorial integrity, the maintenance of law and order or the safeguard of its national security.
Amendment 70 #
2021/0427(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The Council Implementing Decision should include an authorisation of the specific derogations that the Member State facing a situation of instrumentalisation of migrants could apply, and set the date from which they should apply, as well as their duration. Together with this request, the Member State concerned may notify the Commission of its intention to apply the derogation from the registration deadline before it is authorised in the Council Implementing Decision as well as the precise reasons for which an inmediate action is required, which should not exceed 15 days from the day following the request, unless authorised in the Council Implementing Decision. The Commission and the Council, when fulfilling their respective responsibilities under the authorisation procedure, should proceed expeditiously in order to avoid the existence of a time gaps between the end of such period and the adoption of the corresponding Council Implementing Decision.
Amendment 111 #
2021/0427(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5 a. A Member State may notify the Commission that it considers it necessary to apply the derogation set out in Article 2(1)(a) before it is authorised to do so in the Council Implementing Decision referred to in paragraph 4. In such a case, the Member State concerned may apply the derogation laid down in Article 2(1)(a) from the day following the request and for a period not exceeding 15 days.
Amendment 322 #
2021/0381(COD)
Proposal for a regulation
Chapter III – title
Chapter III – title
III TARGETING AND AMPLIFICATION OF DIGITAL POLITICAL ADVERTISING
Amendment 361 #
2021/0381(COD)
Proposal for a regulation
Article 12 – paragraph 8 b (new)
Article 12 – paragraph 8 b (new)
8 b. The goal of targeting and amplification of digital political advertising is to integrate voters into the democratic discourse and to bring political topics to their attention. Digital political advertisement has the function to inform voters and targeting and amplification techniques can help fostering democratic participation, as long as these techniques are in line with all rules on data privacy that are laid down in the Regulation (EU)2016/679. The following targeting and amplification methods shall be permitted: (a) The processing of personal data in accordance with Regulation (EU) 2016/679 to identify and disseminate political advertising to primary voters; (b) The processing of personal data in accordance with Regulation (EU) 2016/679 to identify and disseminate political advertising to socio-demographic cohorts; (c) The processing of personal data in accordance with Regulation (EU) 2016/679 for a political party to identify and disseminate political advertising to its members, former members and affiliated persons; (d) The processing of data on age, gender, language, profession, geographic location and interests in accordance with Regulation (EU) 2016/679 to identify and disseminate political advertising to groups of persons;
Amendment 189 #
2021/0297(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Orderly international migration can bring important benefits to the countries of origin, transit and destination of migrants and contribute to their sustainable development and economic growth needs. Increasing coherence between trade, development and migration policies is key to ensure that the benefits of migration accrue mutually to both the origin, transit and destination countries. In this respect, it is essential for both origin, transit and destination countries to address common challenges, such as, stepping up cooperation on readmission of own nationals and their sustainable reintegration in the country of origin, in particular in order to avoid a constant drain in active population in the countries of origin, with the ensuing long- term consequences on development, and to ensure that migrants are treated with dignity.
Amendment 192 #
2021/0297(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) The Union should favour a constructive engagement on all aspects of migration, forced displacement and mobility, working to ensure that migration takes place in a safe and well-regulated manner. It is essential to further step up cooperation on migration with partner countries, built on the more for more principle and using the full application of the NDICI-Global Europe instrument.
Amendment 194 #
2021/0297(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Return, readmission and reintegration are a common challenge for the Union and its partners. In particularAccording to the Court of Auditors less than 1 in 5 actually return to their own countries outside of Europe.1a The effective return of third country nationals who do not have the right to stay is an essential component of a well-functioning Common European Asylum System and for the Schengen Agreement. This requires the Union to cooperate closer with countries of origin and transit to ensure return. In this regard, every State has the obligation to readmit its own nationals under international customary law, and multilateral international conventions such as the Convention on International Civil Aviation signed in Chicago on 7 December 1944. Improving sustainable reintegration and capacity building would significantly strengthen the local development in the partner countries. Shortcomings in third countries related to the readmission of its own nationals need to be prevented to ensure the effective and dignified return of third country nationals who do not have the right to stay in Union. _________________ 1a European Court of Auditors Special Report 17/2021, https://www.eca.europa.eu/Lists/ECADoc uments/SR21_17/SR_Readmission- cooperation_EN.pdf
Amendment 315 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) serious shortcomings in customs controls on the export or transit of drugs (illicit substances or precursors), or related to the obligation to readmit the beneficiary country’s own nationals or serious failure to comply with international conventions on antiterrorism or anti-money laundering;
Amendment 318 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c a (new)
Article 19 – paragraph 1 – point c a (new)
(c a) shortcomings related to the obligation to readmit the beneficiary country’s own nationals;
Amendment 348 #
2021/0240(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The choice of the location of the seat of the Authority shall comply with the following conditions: (a) it shall not affect the Authority’s execution of its tasks and powers, the organisation of its governance structure, the operation of its main organisation, or the main financing of its activities; (b) it shall ensure that the Authority is able to recruit the high-qualified and specialised staff it requires to perform the tasks and exercise the powers provided by this Regulation; (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; (e) it shall enable close cooperation with EU institutions and agencies with relevant experience in the field of risk assessment and supervision; (f) it shall ensure sustainability and digital connectivity with regard to infrastructure and working conditions.
Amendment 109 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – point a – point i
Article 3 – paragraph 3 – point a – point i
Amendment 124 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 3
Article 3 – paragraph 3 – subparagraph 3
Amendment 127 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 4
Article 3 – paragraph 3 – subparagraph 4
Amendment 187 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive (EU) 2018/2001
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) the amount of renewable fuels and renewable electricity supplied to the transport sector leads to a greenhouse gas intensity reduction of at least 136 % by 2030, compared to the baseline set out in Article 27(1), point (b), in accordance with an indicative trajectory set by the Member State; Member States shall require suppliers, for this reduction, to comply with the following intermediate targets: · 6 % by 31 December 2021, · 9% by 31 December 2024, · 10 % by 31 December 2025, · 11 % by December 2026 · 12 % by December 2027, · 13,5 % by December 2028, · 15 % by December 2029, · 16 % by December 2030.
Amendment 192 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive (EU) 2018/2001
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX in the energy supplied to the transport sector is at least 0,2 % in 2022, 0,51 % in 2025 and 2,26 % in 2030, and the share of renewable fuels of non-biological origin is at least 2,6 % in 2030.
Amendment 204 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a – point i
Article 1 – paragraph 1 – point 15 – point a – point i
Directive (EU) 2018/2001
Article 26 – paragraph 1
Article 26 – paragraph 1
For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that Member State, with a maximum of other than high ILUC-risk feedstock, shall be no more than 7 % of final consumption of energy in the transport sector in that Member State.;
Amendment 232 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b a (new)
Article 1 – paragraph 1 – point 17 – point b a (new)
Directive (EU) 2018/2001
Article 28 – paragraph 6 – subparagraph 4 (new)
Article 28 – paragraph 6 – subparagraph 4 (new)
(ba) The following subparagraph is added: Any addition to the list of feedstocks set out in Part A of Annex IX shall be accompanied by an increase of the targets set out in point b) of Article 25 (1), corresponding to the sustainable potential of these feedstock.
Amendment 237 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a – point ii
Article 1 – paragraph 1 – point 18 – point a – point ii
Directive (EU) 2018/2001
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
— (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 520 MW,
Amendment 247 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b a (new)
Article 1 – paragraph 1 – point 18 – point b a (new)
Directive (EU) 2018/2001
Article 29 – paragraph 3 – point b
Article 29 – paragraph 3 – point b
(b a) The article 29 paragraph 3 point (c) point ii last sentence is replaced by the following: unless the removal of the harvested material is not prohibited in the protected area statutes and thus the production of that raw material did not interfere with those nature protection purposes;
Amendment 249 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b b (new)
Article 1 – paragraph 1 – point 18 – point b b (new)
Directive (EU) 2018/2001
Article 29 – paragraph 3 – point b
Article 29 – paragraph 3 – point b
(b b) The article 29 paragraph 3 point (d) point ii last sentence is replaced by the following: unless the harvesting of the raw material is necessary to preserve its status as highly biodiverse grassland.
Amendment 331 #
2021/0218(COD)
Proposal for a directive
Annex I – paragraph 1 – point 5 – point c
Annex I – paragraph 1 – point 5 – point c
Directive (EU) 2018/2001
Annex V – part C – point 18
Annex V – part C – point 18
18. For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take place up to and including the process step at which a co-product is produced. In the case of eccr CO2 from fermentation that is captured and re-used for replacing fossil- based CO2 shall be considered an emission saving that is entirely allocated to the biofuel and bioliquids resulting from fermentation. If any allocation to co- products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co- products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co- products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. Residues that are not included in Annex IX and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction, harvesting or cultivation of raw materials, eec as their closest substitute in the food and feed market that is included in the table in part D. In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery;
Amendment 346 #
2021/0218(COD)
Proposal for a directive
Annex I – paragraph 1 – point 8 – point b a (new)
Annex I – paragraph 1 – point 8 – point b a (new)
Directive (EU) 2018/2001
Annex IX – part C
Annex IX – part C
(b a) c) Part C. Biomass fuel feedstocks for use in stationary installations outside the transport sector, including the following points: 1. Biomass fraction of residues and waste in the primary food processing industry: a) beet pulp (only self-use internal to sector) b) herbs& leaves from beet washing c) cereal husks and fruit shells d) biomass fraction of industrial waste not fit for use in the food and feed chain e) the fibrous fraction of sugar beet after extraction of the diffusion juice, leaves and tails and other liquors obtained after sugar extraction 2. Biomass fraction of sludge from waste water treatment in the primary food processing industry;
Amendment 36 #
2021/0200(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In Regulation (EU) 2021/1119 of the European Parliament and of the Council32 ( ‘European Climate Law’), the Union has enshrined into legislation the target of economy-wide climate neutrality by 2050. That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55% below 1990 levels by 2030. It ensures that sectors not covered by the ETS play their part in achieving the targets of the European Climate Law. There is therefore no need for further intermediate targets and legislative proposals. The proposals and other legislative initiatives of the ‘Fit for 55’ package are in line with the Paris Agreement. __________________ 32 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
Amendment 66 #
2021/0200(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The COVID-19 pandemic has impacted the Union’s economy and its level of emissions to a degree that cannot yet be fully quantified. On the other hand, the Union is deploying its largest stimulus package ever, also having a potential impact on the level of emissions. Regard should be had to ensuring that the targets of this Regulation do not cause food production to be relocated outside of Europe and that the sectors concerned remain internationally competitive. Due to those uncertainties, it is appropriate to review the emissions data in 2025 and, if necessary, readjust the annual emission allocations.
Amendment 72 #
2021/0200(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In addition to that flexibility, a limited quantity of net removals and net emissions from land use, land-use change and forestry (‘LULUCF’) may be taken into account for Member States’ compliance under Regulation (EU) 2018/842 (‘the LULUCF flexibility’). This will give the sectors concerned enough leeway to achieve the Regulation’s targets in a cost-effective manner. In order to ensure that sufficient mitigation efforts are deployed until 2030, it is appropriate to limit the use of the LULUCF flexibility by separating the use of such flexibility into two separate time periods, each capped by a limit corresponding to half of the maximum amount of total net removals set out in Annex III to Regulation (EU) 2018/842. It is also appropriate to bring the title of Annex III in line with the amendment to Regulation (EU) 2018/841 carried out by Commission Delegated Regulation (EU) 2021/268 of 28 October 202037 . As a consequence, there is no longer a need for Regulation (EU) 2018/842 to provide for a legal basis allowing the Commission to adopt delegated acts to amend the title of its Annex III. Article 7(2) of Regulation (EU) 2018/842 should therefore be deleted. __________________ 37 Commission Delegated Regulation (EU) 2021/268 of 28 October 2020 amending Annex IV to Regulation (EU) 2018/841 of the European Parliament and of the Council as regards the forest reference levels to be applied by the Member States for the period 2021-2025 (OJ L 60, 22.2.2021, p. 21).
Amendment 80 #
2021/0200(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Some Member States will face major challenges in meeting the Regulation’s targets. It is therefore important to ensure flexibility, anticipation and transferability. The introduction of minimum contributions by sector would not only place the targets at risk but also prevent them from being achieved.
Amendment 81 #
2021/0200(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) In setting the targets of this Regulation, account must be taken of the fact that Member States are not starting from a level playing field either between or within different sectors. Achieving the reduction targets must not compromise the agricultural sector's ability to ensure food security in Europe and the world.
Amendment 82 #
2021/0200(COD)
Proposal for a regulation
Recital 18 c (new)
Recital 18 c (new)
(18c) This Regulation calls on the Commission to establish a roadmap for determining the EU’s targets for reducing greenhouse gas emissions after 2030 in the sectors covered by Article 2. The Commission is also invited to examine how the agricultural sector can be merged with the LULUCF sectors after 2030. A regulatory impact assessment must be carried out prior to the introduction of any legislative measure.
Amendment 84 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/842
Article 1
Article 1
1. In Article 1, “30%” is replaced is amended as follows: ‘This Regulation lays down obligations on Member States with respect to their minimum contributions for the period from 2021 to 2030 to fulfilling the Union’s target of reducing its greenhouse gas emissions by “40%” % below 2005 levels in 2030 in the sectors covered by Article 2 of this Regulation and contributes to achieving the objectives of the Paris Agreement. It also lays down rules on gradually aligning burden sharing between Member States, on determining annual emission allocations and for the evaluation of Member States’ progress towards meeting their minimum contributions.’;
Amendment 89 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 2018/842
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Amendment 91 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2018/842
Article 3 a (new)
Article 3 a (new)
(2a) Article 3a is added: ‘Article 3a The classification of sustainability criteria for biofuels, bioliquids and biomass fuels is governed by EU Directive 2018/2001.’
Amendment 109 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2018/842
Article 5 – paragraph 4
Article 5 – paragraph 4
(3a) Article 5(4) is amended as follows: ‘(4) A Member State may transfer up to 5 % of its annual emission allocation for a given year to other Member States in respect of the years 2021 to 2025, and up to 10 % in respect of the years 2026 to 2030. The receiving Member State may use that quantity for compliance under ArtMember States shall inform the Commission of any actions taken pursuant to this paragraph, and the transfer pricle 9 for the given year or for subsequent years until 2030. per tonne of CO2 equivalent.’ Or. de (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32018R0842&from=EN#d1e636-26-1)
Amendment 117 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b a (new)
Article 1 – paragraph 1 – point 5 – point b a (new)
Regulation (EU) 2018/842
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(ba) In Article 7, paragraph 1a is inserted: ‘1a. After 2030, the LULUCF and agricultural sectors will be merged under a separate instrument. A thorough impact assessment should be conducted prior to this merger.’
Amendment 118 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b b (new)
Article 1 – paragraph 1 – point 5 – point b b (new)
Regulation (EU) 2018/842
Article 8 – paragraph 3
Article 8 – paragraph 3
(bb) 5a. Paragraph 3 of Article 8 is replaced by the following: The Commission shall issue an opinion regarding the robustness of the corrective action plans submitted in accordance with paragraph 1 within four months of receipt of those plans. The Member State concerned shall take full account of the Commission’s opinion and shall revise its corrective action plan accordingly. If the Member State concerned does not to address a recommendation or a substantial part thereof, it shall provide its reasoning.
Amendment 121 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2018/842
Article 9 – paragraph 2
Article 9 – paragraph 2
(2) If the greenhouse gas emissions of a Member State in the period from 2021 to 2025 referred to in Article 4 of Regulation (EU) 2018/841 exceeded its removals, as determined in accordance with Article 12 of that Regulation, the Central Administrator shall deduct from that Member State’s annual emission allocations an amount equal to those excess greenhouse gas emissions in tonnes of CO2 equivalent for the relevant years.’. If a Member State exceeds its emission allocations for two consecutive years, it shall provide reasoning in a report to the Commission and explain what changes it will make to its long-term national strategy.
Amendment 171 #
2021/0050(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Article 23 of the Charter of Fundamental Rights of the European Union provides that equality between women and men must be ensured in all areas, including employment, work and pay, where Article 51 of the Charter emphasises the due regard for the principle of subsidiarity.
Amendment 230 #
2021/0050(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to remove obstacles for victims of gender pay discrimination to enforce their right to equal pay and guide employers in ensuring respect of this right, the core concepts related to equal pay, such as ‘pay’ and ‘work of equal value’, should be clarified in line with the case law of the Court. This should facilitate the application of these concepts, especially for small and medium-sizedmid-cap enterprises.
Amendment 276 #
2021/0050(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Member States should develop specific tools and methodologies to support and guide the assessment of what constitutes work of equal value. This should facilitate the application of this concept, especially for small and medium- sized enterprises.
Amendment 308 #
2021/0050(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Pay transparency measures should protect workers’ right to equal pay while limiting as much as possible costs and burden for employers, paying specific attention to micro and small enterprises. Where appropriate, measures should be tailored to the size of employers taking into account employers’ headcount.
Amendment 329 #
2021/0050(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Employers with at least 250 0 workers should regularly report on pay, in a suitable and transparent manner, such as including the information in their management report. Companies subject to the requirements of Directive 2013/34/EU of the European Parliament and of the Council52 may also choose to report on pay alongside other worker-related matters in their management report. _________________ 52 Directive 2013/34/EU, as amended by Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 as regards disclosure of non- financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).
Amendment 344 #
2021/0050(COD)
Proposal for a directive
Recital 27
Recital 27
(27) To reduce the burden on employers, Member States could decide to gather and interlink the necessary data through their national administrations allowing for a computation of the pay gap between female and male workers per employer. Such data gathering may require interlinking data from several public administrations (such as tax inspectorates and social security offices) and would be possible if administrative data matching employers’ (company/organisational level) to workers’ (individual level) data, including benefits in cash and in-kind, are available. Member States could decide to gather this information not only for those employers covered by the pay reporting obligation under this Directive, but also with regard to small and medium-sized enterprises. The publication of the required information by Member States should replace the obligation of pay reporting on those employers covered by the administrative data provided that the result intended by the reporting obligation is achieved.
Amendment 363 #
2021/0050(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Joint pay assessments should trigger the review and revision of pay structures in organisations with at least 2500 workers that show pay inequalities. The joint pay assessment should be carried out by employers in cooperation with workers’ representatives; if workers’ representatives are absent, they should be designated for this purpose. Joint pay assessments should lead to the elimination of gender discrimination in pay.
Amendment 424 #
2021/0050(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Litigation costs create a serious disincentive for victims of gender pay discrimination to claim their right to equal pay, leading to insufficient protection and enforcement of the right to equal pay. In order to remove this strong procedural obstacle to justice, successful claimants should be allowed to recover their procedural costs from the defendant. On the other hand, claimants should not be liable for successful defendant’s proceedings costs unless the claim was brought in bad faith, was clearly frivolous or if the non-recovery by the defendant would be considered unreasonable by the courts or other competent authorities under the specific circumstances of the case, for instance having regard to the financial situation of micro-enterprises.
Amendment 481 #
2021/0050(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive applies to all workers who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State with consideration to the case-law of the Court of Justice.
Amendment 542 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value.
Amendment 570 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The tools or methodologies shall allow assessing, in regard to the value of work, whether workers are in a comparable situation, on the basis of objective criteria regarding the requirements of the work which shall include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved and work undertaken. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.
Amendment 572 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 599 #
2021/0050(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Applicants for employment shall have the right to receive from the prospective employer information about the initial pay level or its range, based on objective, gender-neutral criteria, to be attributed for the position concerned. Such information shall be indicated in a published job vacancy notice or otherwise provided to the applicant prior to the job interview without the applicant having toprovided upon request it.
Amendment 606 #
2021/0050(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 617 #
2021/0050(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The employer shall make easily accessible to its workers a description of the criteria used to determine pay levels and career progression for worker, whereby Member States shall give specific attention to micro-enterprises and SMEs. These criteria shall be gender-neutral.
Amendment 632 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Workers in companies with more than 200 employees shall have the right to receive information on their individual pay level and the average pay levels, broken down by sex, for categories of workers doing the same work as them or work of equal value to theirs, in accordance with paragraphs 3 and 4. In the case of companies that are bound by and/or apply collective bargaining agreements, a reference to the applicable collective bargaining agreement shall suffice as information.
Amendment 646 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Employers shall inform all workers, on an annual basiswithin a reasonable time frame, of their right to receive the information referred to in paragraph 1.
Amendment 661 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Workers shall have the possibility to request the information referred to in paragraph 1 through their representatives or an equality body.
Amendment 676 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Employers with at least 2500 workers shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5:
Amendment 721 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
(g) the pay gap between female and male workers by categories of workers broken down by ordinary basic salary and complementary or variable components. In the case of companies that are bound by and/or apply collective bargaining agreements, reference to the relevant collective bargaining agreement shall suffice.
Amendment 747 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The employer shall publish the information referred to in paragraph 1, points (a) to (f) on an annual basievery three years, collectively bargained companies every five years in a user-friendly way on its website or shall otherwise make it publicly available. The information from the previous four years, if available, shall also be accessible upon request. In addition, the employer shall share this information with the monitoring body referred to in paragraph 6.
Amendment 760 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 772 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 785 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Workers and their representatives, labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided, including explanations concerning any gender pay differences. The employer shall respond to such request within a reasonable time by providing a substantiated reply. Where gender pay differences are not justified by objective and gender-neutral factors, the employer shall remedy the situation in close cooperation with the. Member States may foresee that workers’ representatives, the labour inspectorate and/or the equality body may be involved in this procedure.
Amendment 787 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Workers and their representatives, and labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided, including explanations concerning any gender pay differences. The employer shall respond to such request within a reasonable time by providing a substantiated reply. Where gender pay differences are not justified by objective and gender-neutral factors, the employer shall remedy the situation in close cooperation with the workers’ representatives, the labour inspectorate and/or the equality body.
Amendment 801 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall take appropriate measures to ensure that employers with at least 2500 workers conduct, in cooperation with their workers’ representatives, a joint pay assessment where both of the following conditions are met:
Amendment 822 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. A presumption of appropriateness applies to companies that are bound by or apply collective bargaining agreements.
Amendment 851 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If the joint pay assessment reveals differences in average pay for equal work or work of equal value between female and male workers which cannot be justified by objective and gender-neutral criteria, the employer shall remedy the situation, in close cooperation with the workers’ representatives, labour inspectorate, and/or equality body within a reasonable time frame. Such action shall include the establishment of gender-neutral job evaluation and classification to ensure that any direct or indirect pay discrimination on grounds of sex is excluded.
Amendment 853 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If the joint pay assessment reveals differences in average pay for equal work or work of equal value between female and male workers which cannot be justified by objective and gender-neutral criteria, the employer shall remedy the situation, in close cooperation with the workers’ representatives, labour inspectorate, and/or equality body. Such action shall include the establishment of gender-neutral job evaluation and classification to ensure that any direct or indirect pay discrimination on grounds of sex is excluded.
Amendment 885 #
2021/0050(COD)
Proposal for a directive
Article 13
Article 13
Amendment 902 #
2021/0050(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The compensation or reparation referred to in paragraph 1 shall ensure real and effective compensation for the loss and damage sustained, in a way which is dissuasive and proportionate to the damage suffered.
Amendment 912 #
2021/0050(COD)
Proposal for a directive
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 921 #
2021/0050(COD)
2. Member States shall ensure that, in any legal or administrative proceedings concerning direct or indirect discrimination, where an employer failed to comply with any of the rights or obligations related to pay transparency set out in Articles 5 through 9 of this Directive, it shall be for the employere to prove that there has been no such discrimination.
Amendment 923 #
2021/0050(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 936 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 947 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that the limitation periods for bringing claims are set at threone years at leamost.
Amendment 949 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall ensure that a limitation period is suspended or, depending on national law, interrupted, as soon as a claimant undertakes action by lodging a claim or bringing the claim to the attention of the employer, workers’ representatives, labour inspectorate or equality body.
Amendment 952 #
2021/0050(COD)
Proposal for a directive
Article 19
Article 19
Amendment 967 #
2021/0050(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, and proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and of any subsequent amendment affecting them.
Amendment 975 #
2021/0050(COD)
Proposal for a directive
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Member States shall ensure that fines are applied to infringements of the rights and obligations relating to equal pay for the same work or work of equal value. They shall set a minimum level for such fines ensuring real deterrent effect. The level of the fines shallmay take into account:
Amendment 1025 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
Amendment 1031 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 3 – point c
Article 26 – paragraph 3 – point c
Amendment 1057 #
2021/0050(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
This Directive shall not affect in any way the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law or practice. Collectively agreed pay regulations shall be subject to the presumption that discrimination on the basis of gender is excluded. Activities which are assigned to different remuneration groups on the basis of collective bargaining agreements shall not be regarded as equal or equivalent.
Amendment 1084 #
2021/0050(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. When informing the Commission, Member States shall also accompany it with a summary of the results of their assessment regarding the impact of their transposition act on small and medium- sizedmid-cap enterprises and a reference to where such assessment is published.
Amendment 8 #
2020/2273(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that agricultural productivity and resilience depend on biodiversity to guarantee the long-term sustainability of our food systems; underlines, furthermore, that much of the biodiversity across Europe has been created by farming and its survival is dependent on the continued active management of farmland and effective generational renewal in the sector; there is therefore a need to continue to promote the sustainable use of forest and agriculture ecosystems (taking into account economic, social and environmental aspects), in Europe and in the rest of the world;
Amendment 36 #
2020/2273(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the high level of ambition of the EU biodiversity strategy for 2030 in seeking to halt and reverse biodiversity loss in the EU; considers that this level of ambition encourages policy action at all levels is needed and promotes the development of research and innovative and implementable solutions to tackle biodiversity loss; stresses that the continuous decline in farmland biodiversity is a reality and that bold action is needed to counteract this trendnot only by rural areas but also urban areas and other economic and social sectors to counteract this trend while ensuring healthy, safe and affordable food security;
Amendment 79 #
2020/2273(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises the strong link with the Farm to Fork strategy and the need for a holistic approach to the food system; calls on the Commission to establish an comprehensive evidence-based evaluation of the implementation of the strategy’slooking at all measures and targets combined and not in their singularity, in particular of the individual and cumulative impacts on the social and economic sustainability of agriculture and forestry in the EU, food security and prices, farmland availability and prices and the potential risks of displacing biodiversity losses abroad by the replacement of local agricultural and forestry production with imports;
Amendment 115 #
2020/2273(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that biodiversity conservation is a key societal goal, requiring a broad and inclusive debate, and the effective participation of everyone in society, in particular those more affected by the measures, such as the farming and forestry community, while at the same benefiting from their knowledge and experience, and creating a sense of ownership, vital for the successful implementation of the strategy;
Amendment 121 #
2020/2273(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the success of the Habitats Directive as an effective instrument for the conservation of biodiversity; stresses the need for more flexibility in protection measures to effectively protect humans and livestock if predators pose a danger and to the changes in conservation status;
Amendment 124 #
2020/2273(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 164 #
2020/2273(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the importance of maintaining and restoring high-diversity landscape features in agricultural landscapes for their value in terms of biodiversity, pollinators and the natural biological control of pests; highlights that agriculture and forestry do not contradict the conservation objectives of strict protection; calls on the Member States to develop the necessary measures under their CAP Strategic Plans to promote non- productive areas and features with the aim of achieving an area of at least 10% of high diversity areas beneficial for biodiversity at national level, promoting interconnectivity between habitats and thereby maximising the potential for biodiversity; highlights the need to assess potential trade-offs of non-productive areas and features on food security, land availability and prices;
Amendment 203 #
2020/2273(INI)
7. Welcomes the recognition of organic farming as a strong component on the EU’s path towards more sustainable food systems; underlines that the development of organic food production must be market-driven and accompanied by research, innovation and scientific transfer, market and supply chain development, and measures stimulating demand for organic food, ensuring both the stability of the organic products market and the fair remuneration of farmers;
Amendment 212 #
2020/2273(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Proposes to introduce a market- driven organic target corridor rather than a fix target after thorough and comprehensive impact assessment;
Amendment 227 #
2020/2273(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Underlines the importance of sustainable forest management for the health and longevity of forest ecosystems and the preservation of the multifunctional role of forests; highlights the potential of agroforestry to improve and boost ecosystem services and farmland biodiversity and for carbon sequestration, while enhancing farm productivity; notes that forest can only achieve their full potential for climate and environment when they are sustainably managed, stresses therefore the need to exclude forestry from the 10% strictly protected areas;
Amendment 274 #
2020/2273(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses the importance of plant protection products and tools for the stability of agricultural production and, the sustainability of farmers’ incomes and food safety; considers that, although progress has been made, a substantial reduction in the use and risks of chemical pesticides is needed; stresses the key role of integrated pest management in reducing pesticide dependency, and urges the Member States to ensure it is applied and its implementation is assessed systematically; stresses that farmers need a bigger toolbox ofintegrated pest management requires a bigger toolbox of safe, effective and affordable crop protection solutions and methods, as well as bolstered training and advisory systems; stresses that any reduction target should be market-driven and suggests target corridors rather than fixed targets;
Amendment 232 #
2020/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe’s food system should deliver food and nutrition security in a way that contributes to social well- being and maintains and restores ecosystem health; whereas currently, the food system is responsible for a range of impacts on human and animal health and on the environment, the climate and biodiversity; whereas the way in which we produce and consume food needs to transform in order to ensure coherence with the SDGs, the Paris Agreement, the Convention on Biological Diversity and EU policies, particularly in the areas of sustainability, the environment, biodiversity, climate, public health, animal welfare, food and economic sustainability for farmers;
Amendment 259 #
2020/2260(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas biodiversity is also crucial for safeguarding food security in the EU; highlights the important role of the European agricultural sector regarding the production of healthy, safe and affordable foods;
Amendment 261 #
2020/2260(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the EU authorisation procedure for plant protection products is one of the most stringent in the world;
Amendment 271 #
2020/2260(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the uptake of smart farming technologies to continuously monitor animal health and welfare has the potential to ensure effective disease prevention and the implementation of animal welfare standards and thereby ensuring food safety;
Amendment 274 #
2020/2260(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas the European agri food system is part of a global food system and the EU has the safest, healthiest, most sustainably produced, most nutritious and high-quality foods in the global marketplace; whereas the EU is also dependent on imports for certain agri foods because of climatic conditions and shortages; whereas it should be stressed that all imported foods have to apply the same sustainability and agri food safety standards;
Amendment 278 #
2020/2260(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. highlights that the shift towards an healthy and sustainable food policy should be initiated by incentives and education, and not by product bans and advertisement bans or taxes;
Amendment 316 #
2020/2260(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European model of a multifunctional agricultural-food sector, driven by family farms, continues to ensure quality food production, local supply chains, good agriculture practices, high environmental standards and vibrant rural areas throughout the EU;
Amendment 365 #
2020/2260(INI)
Motion for a resolution
Recital D
Recital D
D. whereas it is important that consumers are informed and enabled to take responsibility for the consequences of their choice of food stuffs on the whole food system, from production to processing and distribution; whereas this requires a healthy and sound food environment which ensures that the healthy and sustainable choice is also the easy and affordable choice, and fosters and encourages consumption patterns that support human health while ensuring the sustainable use of natural and human resources and animal welfare; whereas a mandatory labelling providing information of the nutrition profile, the origin, the compliance with animal welfare provision and the sustainability will guide the consumer towards a healthy and safe nutrition;
Amendment 415 #
2020/2260(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the European food system has played a crucial role during the COVID-19 pandemic, demonstrating its resilience with farmers, processors and retailers working together under difficult conditions, including lockdowns, to ensure that European consumers continue to have access to safe, affordable, and high quality products without impediment while respecting the integrity of the internal market;
Amendment 443 #
2020/2260(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas it became evident that animal health is an essential element in any sustainable food system and impacts on animal health have direct effect on the sustainability of the food system;
Amendment 485 #
2020/2260(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the farm to fork strategy as an important step in ensuring a sustainable, fair and resilient food system, which is central to achieving the goals set out in the European Green Deal and in the SDGs; emphasises the inextricable links between healthy people, healthy societies and a healthy planet, encourages the Commission to; recognises the need for a realistic and balanced approach in the implementation of the strategy in which all three dimensions of sustainability (economic, environmental and social) should be acknowledged and integrated; encourages the Commission to conduct a comprehensive evidence-based impact assessment before translateing the strategy into concrete legislative and non- legislative action as soon as possible; ;
Amendment 524 #
2020/2260(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that enabling innovation is key to contribute towards achieving the farm to fork objectives and calls for a regulatory environment and incentives along the whole supply chain to ensure the best technologies that will make a difference, e.g. plant breeding innovation as well as newer, and continuously evolving breeding techniques, which have the potential to enlarge the farmers’ toolbox, to make packaging and transport more sustainable, to advance circular economy and to make food production increasingly more resilient to the pressures of climate change;
Amendment 567 #
2020/2260(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the announcement of an impact-assessed proposal for a legislative framework for sustainable food systemCalls on the Commission before proposing any targets to conduct a comprehensive evidence-based impact assessment of all strategies combined on individual and cumulative impacts on the social and economic sustainability of agriculture in the EU, generational renewal, food security and prices, and the potential risks of displacing biodiversity losses abroad by the replacement of local agricultural production with imports; invites the Commission to use this proposal to set outimpact assessment to analyse a holistic common food policy aimed at reducing the environmental and climate footprint of the EU food system in order to make Europe the first climate-neutral continent by 2050 and strengthen its resilience to ensure food security in the face of climate change and biodiversity loss, leading a global transition towards sustainability from farm to fork, based on the principle of a multifunctional agricultural sector while ensuring consistency between policies by taking into account the existing legislation in order to enable all actors in the European food system to develop long- term plans based on realistic and transparent objectives; suggests that the respective base lines and progress achieved in each Member State be taken into account, while promoting the exchange of know-how and best practices between Member States; stresses the need to include the entire food and beverage chains including processing, marketing, distribution and retail;
Amendment 627 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to provide thorough impact assessments of the strategy’s measures and targets, food security and prices describing the methods of calculation of the targets and the baselines and reference periods of each individual target; emphasises that the impact assessments should cover the individual and combined impact of proposed targets and measures resulting from the farm to fork and biodiversity strategies and other Green Deal initiatives;
Amendment 655 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls for a structured dialogue between the Commission, European Parliament, Member States and food system stakeholders to discuss gaps, opportunities, challenges and trade-offs in the development and implementation of a holistic common EU food policy;
Amendment 678 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Commission to establish regular evidence-based evaluations of the implementation of the Strategy, in order to adjust the measures and targets to a more restrained or ambitious approach; stresses the importance of appropriate target-related measures taking into account active market demand; calls on the Commission to submit mid-term reviews for every legislative proposal corresponding to the strategy;
Amendment 722 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the decision to revise the directive on the sustainable use of pesticides and to further reduction targets fore the environmental and health impact of pesticides, fertilisers, and antibiotics; recalls that the EU has the most stringent authorisation procedure for Plant Protection products; emphasises the importance of pursuing these targetobjectives through holistic and circular approaches, such as agroecologicalsustainable practices; insissupports that each Member State should establish robust quantitative reduction targetspromote the sustainable use of these products and establish reduction corridors based on an evidence-based impact assessments and base lines for each member state, accompanied by well- defined support measures ensuring accountability at all levels to help reach these targets; reiterates its call for the translation into legislation of the above targets and objectives and calls on the Commission to clarify how it will deal with individual Member States’ contributions to Union-wide targets and to clarify the methods, baselines for these targetsand reference periods for these targets; underlines the importance of establishing baselines with flexibility so that frontrunners in reduction of the use of pesticides, fertilisers and antibiotics are rewarded and not punished;
Amendment 749 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the decision to revise the dDirective on the sustainable use of pesticides and the reduction targets for hazardous pesticides, fertilisers, nutrient losses and antibiotics; emphasises the importance of pursuing these targets through holistic and circular approaches, such as agroecological practices; insists that each Member State should establish robust quantitative reduction targets, accompanied by well- defined support measures ensuring accountability at all levels to help reach these targets; reiteratescalls on the Commission to clarify how it will deal with individual Member States’ contributions to the Union-wide targets and to clarify the baselines for the targets; insists that efficient crop protection must be ensured at all times and that farmers must have access to sufficient active substances; stresses that plant health and thereby yield its call for the translation into legislation of the above targets and objectives and calls on the Commission to clarify how it will deal with individual Member States’ contributions to Union-wide targets and to clarify the baselines for these targetsonly achieved as a result of the correct and needs-based application of pesticides and fertilisers; urges the Commission to review any emergency authorisations given for plant protection products by Member States to avoid distortion of competition and to reach the sustainability targets; insists that antibiotics may be used only to retrieve animal health curatively and not preventively;
Amendment 784 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that access to safe and efficient plant protection is essential to enable farmers to prevent naturally occurring food-borne contaminants such as carcinogenic mycotoxins, which put the safety of our food at risk; stresses that integrated pest management(IPM) is only possible when farmers have adequate and enough resources; therefore stresses the need to come up with an innovation and substitution principle for IPM, meaning that before a substance/product is taken from the market, the Commission needs to be sure that adequate alternatives are available, to ensure that farmers have access to an adequate toolbox of safe, effective and affordable solutions, as well as access to the latest knowledge, technology and the best advisory services;
Amendment 789 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that all reduction targets and measures included in the Strategy have to be based on a thorough impact assessment evaluating the impact of all pesticides and all fertilisers including products mainly used in organic agriculture; emphasises the strengths and opportunities that lie within precision agriculture and smart farming to achieve the targets of the strategy; highlights the importance of further education to enable stakeholders of the whole food supply chain to participate and engage in the transformation towards a sustainable food supply chain and subsequently towards sustainable agriculture;
Amendment 822 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses that any reduction of chemical PPPs must be accompanied by an innovation principle; calls on the Commission to consider the importance of a regulatory framework that encourages innovation and research in order to develop better and safer plant protection products and alternatives, including the development and employment of new innovative techniques, such as precision farming and new breeding techniques; calls on the Commission to publish the study on the potential of new genomic techniques which should be the basis for a proper regulatory framework;
Amendment 826 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 846 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Acknowledges the substantial efforts made to reduce the use of antimicrobials in animals as highlighted in the 2019 European Court of Auditors report on AMR, further strengthened by the new EU Regulations on Veterinary Medicinal Products and Medicated Feed, contributing to the global effort to reduce antibiotic resistance; underlines that the EU must ensure that continued treatment of animals with antimicrobials remains possible when needed, so as to guarantee animal health and to protect animal welfare at all times;
Amendment 848 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Stresses the need for the establishment of an Integrated Nutrient Management plan in conjunction with the introduction of the farm sustainability tool for nutrients(FaST) already proposed by the European Commission; points out that a successful Integrated Nutrient Management plan must include better conditions and incentives for the application of modern fertilization technologies combined with modern application technologies;
Amendment 868 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Stresses the need to come up with suitable alternatives where restrictions are put in place; highlights that plant protection and fertilisation are important to guarantee the safety of agricultural products entering the food chain and to ensure their production in sufficient quantities;
Amendment 894 #
2020/2260(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the importance of recognising the significant impact of agriculture and especially animal productionRecalls that agriculture and forestry play an important role in addressing climate change adaptation and mitigation; emphasises that EU agriculture has reduced greenhouse gas (GHG) emissions during the last 30 years and reminds that the emissions from EU agriculture are among the lowest worldwide per produced unit; emphasises the importance of recognising the both positive and negative impact of agriculture on greenhouse gas (GHG) emissions and land use; stresses the need to enhance natural carbon sinks and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and livestock sectors; calls fall sectors; calls for harmonised calculation methods for methane and then a regulatory framework that incentivises progressive reductions in all GHG emissions in these sectors through the introduction of a carbon market place or cregulatory measures and targets to ensure progressive reductions diting schemes which incentivises to deliver on climate objectives; reiterates that especially the methane reduction calculation should consider innovative feed additives and nutrition management plans, as well as innovative husbandry practices; supports the stimulating uptake of regenerative agriculture practices, improving access to technologies, data, training all GHG emissions in these sectors; nd information, and diversifying farmers’ income through carbon sequestration and payments for ecosystem services, thereby increasing their resilience;
Amendment 930 #
2020/2260(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the importance of recognising the significant impact of agriculture and especially animal production on greenhouse gas (act of the whole food supply chain from agriculture, animal production to transport, packaging and consumption on GHG emissions and land use; acknowledges that according to the FAO, well management practices of livestock can lead to a 30% decrease in GHG) emissions, and land usethat healthy animals require less natural resource inputs like feed and water as they move through the production system; stresses the need tofor enhanceing natural carbon sinks and reduceing agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular inby the feed and livestock sectors; calls for regulatory measures and targets to ensurto reduce the progressive reductions in all GHG emissions in these sectors whole food supply chain;
Amendment 962 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that the successful implementation of the Strategy requires an effective cooperation at EU and Member States level including civil society, public authorities and business, in particular stakeholders specifically affected by the measures foreseen in the Strategy, especially in the agriculture, fisheries, forestry and extractive sectors;
Amendment 1003 #
2020/2260(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that extensive farmland, permanent grassland-based or organic animal husbandry i as well as sloping and terraced vineyards are features of the European food systemagricultural landscape and a defining element of many traditional rural communities, and that it has with multiple positive effects foron the environment and against climate change, and contributes to a circular economy;
Amendment 1054 #
2020/2260(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Expresses its support for market- driven uptake of agricultural land under organic farm management;
Amendment 1055 #
2020/2260(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Points out that increasing settlement pressure means a reduction in the amount of agricultural land in Europe; stresses that organic farming produces significantly less food per area than conventional farming, having in mind the European Commission's call to increase the share of organic land in Europe to 25% by 2030, thus possibly putting at stake food security in Europe by having less agricultural land and less production on the remaining land, therefore encourages the Commission to conduct a comprehensive evidence-based impact assessment on the possible productivity increase of organic farming; calls for a productivity target for organic farming and a correction of the 2030 organic farming target, if proven that organic farming is unable to increase its productivity by the percentage that is necessary to guarantee food security in Europe or if food security can only be achieved by importing products from third countries;
Amendment 1095 #
2020/2260(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the notion of rewarding carbon sequestration in soils; stresses, however, that intensive and industrial agriculture and farming models with negative impacts on biodiversity should not receive climate funding or be incentivisedhighlights that soils used as carbon sinks should remain actively managed agricultural land; stresses, however, that some agriculture and farming models could operate more sustainably; highlights that the transformation towards a sustainable food system should be based on incentives including measures to enhance sustainable agriculture and farming models; calls for the proposals to be in line with the environmental objectives and the ‘do no harm’ principle of the Green Deal;
Amendment 1106 #
2020/2260(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the notion of rewarding carbon sequestration in soils; stresses, however, that intensive and industrial agriculturethat low carbon farming and fcarming models with negative impacts on biodiversity should not receive climate funding orbon sequestration models should be incentivised; calls for the proposals to be in line with the environmental objectives and the ‘do no harm’ principle of the Green Deal;
Amendment 1167 #
2020/2260(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of seed security and diversity, notably of promoting EU-grown plant proteins to deliver locally sourced food and feed stuffs with high nutritional value while granting farmers access to quality seeds for plant varieties adapted to the pressures of climate change, including traditional and locally-adapted varieties, while ensuring access to innovative plant breeding in order to contribute to healthy seeds and protect plants against harmful pests and diseases; stresses the great potential of new breeding techniques for plants in sustainable agriculture; raises awareness of the potential negative effects of concentration and monopolisation in the seed sector;
Amendment 1191 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that global food supply chains are crucial to ensure long-term food security and a diversified and sustainable diet throughout the whole year; highlights the importance of diversified diets in a healthy lifestyle; points out that global supply chains can be essential during times of crisis and natural catastrophes causing low yield;
Amendment 1200 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Welcomes the plan to expand organic farming, emphasises to take into account supply and demand of organic foods and calls for information and awareness campaigns about this conversion;
Amendment 1243 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains and quality food production; stresses that regional marketing of agricultural products plays an important role in promoting sustainable supply chains;
Amendment 1279 #
2020/2260(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Highlights the efficiency and the high output achieved by some industrial agricultural farming practices and its subsequent lower carbon footprint; underlines that efficiency in agriculture is crucial to ensure food security; stresses that industrial agriculture may be accompanied by lower labour input and that accountable techniques should be recognised;
Amendment 1326 #
2020/2260(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that the agri food sector supports not only farmers but also upstream and downstream businesses, secures and creates jobs and is the backbone of the entire food industry; highlights in this respect that the preservation of cultural landscape is the driving force for active rural areas;
Amendment 1428 #
2020/2260(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for primary producers to be supported in making the transition to greater sustainability through the encouragement of cooperation and collective actions as well as through competition rules and the enhancement of possibilities for cooperation within the common market organisations for agricultural, fishery and aquaculture products, and thus for farmers’ and fishers’ position in the supply chain to be strengthened in order to enable them to capture a fair share of the added value of sustainable production; points out that appreciation of food is essential for fair pricing and subsequently the reduction of food waste as often the price decides about the value given to a food by the consumers;
Amendment 1455 #
2020/2260(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls to promote the recognition and appreciation of food and farmers' contribution for food production; stresses that this contribution deserves a fair and rewarding remuneration of expenses and the work involved in the production; expresses deep concern about the challenging situation farmers find themselves in and the lack of understanding imposed by some members of our society;
Amendment 1464 #
2020/2260(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the urgent need to address the distortions of competition and unbalances in the food supply chain to protect most vulnerable actors such as small farmers and agri-food workers;
Amendment 1495 #
2020/2260(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to follow up on Directive (EU) 2019/633 on unfair trading practices22 and the EU code of conduct on responsible business and marketing practices by producing a monitoring framework for the food and retail sectors and providing for legal actionnecessary measures if progress in integrating economic, environmental and social sustainability into corporate strategies is insufficient, and in so doing promoting and rewarding the efforts of sustainable agricultural producers while increasing the availability and affordability of healthy, sustainable food options and reducing the overall environmental footprint of the food system; stresses the importance of halting and addressing consolidation and concentration in the grocery retail sector in order to ensure fair prices for farmers; _________________ 22 OJ L 111, 25.4.2019, p. 59.
Amendment 1544 #
2020/2260(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the review of the EU promotion programme for agricultural and food products, including the EU school scheme, the European Healthy School Lunches initiative and the EU Action Plan on Childhood Obesity 2014-2020, with a view to enhancing its contribution to sustainable production and consumption, notably by focusing on educational messages about the importance of healthy nutrition and promoting greater consumption of fruit and vegetables with the aim of reducing obesity rates;
Amendment 1584 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights that proper nutrition promotes optimal growth and development of children and that kindergarten and schools are key partners in encouraging children to develop healthy eating habits;
Amendment 1589 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on Member States to include food and nutrition education as a mandatory part of the national curriculum; reiterates that educational activities may also involve teachers and parents as they are role models for children’s healthy eating habits and lifestyles;
Amendment 1592 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Emphasises the importance of a balanced diet and sufficient exercise for a healthy lifestyle and welcomes the Commission's aim of tackling the rise in overweight and obesity across the EU by 2030; calls for measures to prevent obesity to be developed on the basis of independent science data and to take into account that a calorie imbalance between calorie intake and calorie consumption is the main cause for obesity;
Amendment 1593 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Highlights that a sustainable diet includes safe, enjoyable, balanced and needs-covering foods; stresses the need of the food industry to provide for a wide variety of foods that take different lifestyles and different nutritional needs and preferences into account; stresses that a more sustainable diet needs to support a purchase decision which is based on the range of foods available and the consumer's choice; highlights that it is indispensable for a conscious decision to have sufficient information and the right understanding;
Amendment 1603 #
2020/2260(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls the need to promote effective Agricultural Knowledge and Innovation Systems (AKIS), enabling all food chain actors, especially start-ups ad small and medium-sized enterprises (SME), to become sustainable by speeding up innovation and accelerating knowledge transfer; recalls, in addition, the need for a farm sustainability data network to set benchmarks for farm performance and document the uptake of sustainable farming practices, while allowing for the precise and tailored application of new production approaches at farm level by providing farmers with access to fast broadband connections; recalls the need to provide for specific indicators and an EU- wide comparable measuring system to define and indicate the sustainability performance of a product in order to make products and production methods comparable;
Amendment 1626 #
2020/2260(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that Member States should enable farmers with financial support, farm advisory services, training, technology, innovation and the development of new sustainable business models in the uptake and delivery of biodiversity and environmental benefits; while considering the importance of balancing voluntary measures and regulatory action;
Amendment 1632 #
2020/2260(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Considers it imperative that farmers receive life-long support and training in the transition towards agroecological practices;
Amendment 1643 #
2020/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for measures to reduce the burden that highly processed foods with high salt, sugar and fat content place on public health; regrets that the introduction of nutrient profiles is greatly delayed and taking into account already achieved reduction successes; stresses that a robust set of nutrient profiles must be developed to restrict or prohibit the use of false nutritional claims on foods high in fats, sugars and/or salt; calls for a mandatory simplified EU-wide front-of- pack nutrition labelling system based on independent science; highlights the importance of a diversified, balanced diet which does include a moderate intake of salt, sugar and fat; underlines that salt, sugar and fat have value-adding properties and functions in foods such as preservation, flavouring and texture enhancer; stresses that sugars and fats should not be judged solely on the basis of their energy density;
Amendment 1706 #
2020/2260(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls for a labelling which provides the mandatory information in a useful, legible, understandable, comparable, proportionate and feasible manner;
Amendment 1716 #
2020/2260(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Stresses the need to provide information on the nutrition profile, the origin, the compliance with animal welfare provisions and the sustainability;
Amendment 1718 #
2020/2260(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Calls for the establishment of a digital system for the provision of additional voluntary information for agri food products ("EU4healthyfood"), this information could be provided in a digital manner via a QR code and be retrieved easily by the consumer; highlights that the presentation of this information should be aligned with the mandatory labelling system and could provide additional information;
Amendment 1733 #
2020/2260(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Commission’s commitment to revise the EU legislation on food contact materials (FCM) and to adopt with no delay specific measures for those 13 groups of materials not yet harmonised at EU level; reiterates its call to revise the legislation on FCM in line with the regulation on the registration, evaluation, authorisation and restriction of chemicals (REACH), as well as classification, labelling and packaging regulations, and to insert, without further delay, specific provisions to substitute endocrine disrupting chemicals;
Amendment 1751 #
2020/2260(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the fact that the strategy rightly recognises the role and influence of the food environment in shaping consumption patterns and the need to make it easier for consumers to choose healthy and sustainable diets; reiterates the importance of promoting sustainable diets by raising consumer awareness including digital channels of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint; underlines that food prices must send the right signal to consumers; welcomes, therefore,requests to consider that fair food prices, reflecting also the strategy’s objective that the healthy and sustainable choice should becomeue cost of production for the environment and society, are the only way to achieve sustainable and equitable food systems in the long term; underlines the need to increase transparency and raise consumers’ awareness regarding the mcosts affordablnd profits related to each stage of the food supply chain; encourage conesumers to make healthier lifestyle choices;
Amendment 1833 #
2020/2260(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reaffirms its belief that policy measures that are dependent solely on consumer choice unduly shift the responsibility to purchase sustainable products toSupports a holistic approach including all stakeholders to make our food system more sustainable; reaffirms that policy measures need to be based on the triad of sustainable production, target oriented labelling and on consumers choice; notes that third- party certification and labelling alone are not effective in ensuring sustainable production and consumption;
Amendment 1863 #
2020/2260(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the recognition in the strategy that Europeans’ diets are not in line with recommendations for healthy eating, and that a population-wide shift in consumption patterns is needed towards more healthy anddiets which may include more plant-based foods and less red and processed meat, sugars, salt, and fats, which will also benefit the environment; emphasises that EU-wide guidelines for sustainable and healthy diets would bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelinesencourage consumers to live a healthy diet calls on the Commission to develop such guidelines and specific actions to effectively promote healthy diets; urges that these guidelines could be reflected in an EU-wide easy to grasp and easy to understand nutrition labelling; encourages Member States to integrate sustainability elements in national dietary advice; calls on the Commission to develop EU wide guidelines for sustainable diets; suggests to use these guidelines to develop a sustainable labelling and specific actions to effectively promote healthy plant-based diets;
Amendment 1899 #
2020/2260(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the recognition in the strategy that Europeans’ diets are not in line with recommendations for healthy eating, and that a population-wide shift in consumption patterns is needwelcomed towards more healthy and plant-based foods and less red and processed meat, sugars, salt, and fats,balanced diet which will also benefit the environment; emphasises that EU-wide guidelines for sustainable and healthy diets would bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines and specific actions to effectively promote healthy pbalant-basced diets;
Amendment 1913 #
2020/2260(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for the expansion of regional and farm slaughtering to avoid long and painful animal transports and to be able to slaughter animals gently in familiar surroundings; highlights that this would simultaneously strengthen rural agriculture, the promotion of the consumption of regional food and would cause less stress before slaughtering and also improve the quality of the meat;
Amendment 1974 #
2020/2260(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for a revision of public procurement legislation and funding, including minimum mandatory criteria in kindergarten and schools and other public institutions to encourage organic and local food production andlocal food chains, organic farming, sustainable production and the reduction of foodwaste; calls to promote more healthy diets and dietary patterns by creating a food environment that enables consumers to make the healthy choice;
Amendment 1999 #
2020/2260(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for a revision of public procurement legislation, including minimum mandatory criteria in schools and other public institutions to encourage organicsustainably and local foodly production aned food to promote more healthy diets by creating a food environment that enables consumers to make the healthy choice;
Amendment 2047 #
2020/2260(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recalls that 70% of EU food waste results from a combination of households, restaurants, catering services and retail, whereas the remaining 30% occurs on farms and during processing;
Amendment 2049 #
2020/2260(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Recognises that ensuring animal health also helps to avoid food losses and waste at source;
Amendment 2050 #
2020/2260(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Reiterates that according to the FAO 2019 report, consumer waste is often a result of poor purchase planning, excess and impulse buying, opting for extreme cheap prices instead of quality and sustainability, confusion over labels ('best before' and 'use by'), poor in-home storing or stock management, preparation of too much food, and a lack of knowledge on how to use leftovers in other recipes instead of discarding them;
Amendment 2069 #
2020/2260(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the proposed revision of EU rules on date marking; stresses that any change to date marking rules should be risk and science based and should improve the use of date marking by actors in the food chain and its understanding by consumers, in particular ‘best before’ labelling, while at the same time not undermining food safety or quality;
Amendment 2127 #
2020/2260(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the importance EU funding for research and innovation especially for SMEs as a key driver in accelerating the transition to a more sustainable, healthy and inclusive European food system while facilitating investments needed to encourage agro- ecological practices in both social and technological innovation, and the crucial role of farm advisory services in ensuring the transfer of knowledge to the farming community, drawing on the existing specialised training systems for farmers in Member States;
Amendment 2143 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Urges the Commission to enable the use of innovation and new technologies such as new animal and plant breeding techniques, artificial intelligence and digital technologies; emphasises in particular, the potential of new breeding techniques (NBTs) which could improve the tolerance of plant varieties to water stress and pests, as well as the disease resistance of animals; recommends that each NBT should be analysed on a case-by-case basis and according to strict scientific criteria;
Amendment 2164 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Acknowledges that SMEs are a valuable source and contributor enabling the transition towards a fair, healthy and environmentally-friendly farm to fork strategy;
Amendment 55 #
2020/2255(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that, in order to face demographic challenges, the Union needs third-country workers of all skill levelsAcknowledges the need to address skills shortages within the Union to increase its economic competitiveness and its global influence as the champion of democracy, inclusion, human rights, free trade in goods and services and the rule of law, and as the leader in the fight against climate change; highlights the favourable effects of legal migration in the fight against illegal migration;
Amendment 67 #
2020/2255(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Requests that the Commission submit, by 31 January 2022, on the basis of Article 79(2), in particular points (a) and (b), of the Treaty on the Functioning of the European Union, a proposal for an act that would serve as a package of proposals to facilitate and promote entry into and mobility within the Union for legally migrating third-country nationals applying for work and to reduce bureaucracy and promote equal treatment, following the recommendations set out in the Annex hereto; calls on the Commission to propose, as a first step towards simplification and coherence, alignments to the existing legal framework and calls on the Member States to properly implement it;
Amendment 91 #
2020/2255(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the Commission’s statement in its communication of 23 September 2020 on a New Pact on Migration and Asylum regarding the enhancement of bona fide short-term mobility as a complement to legal pathways, especially for the purposes of research or study in order to improve upstream cooperation with third countries, for example to stem irregular migratory flows, and asks the Commission to explore this direction further;
Amendment 97 #
2020/2255(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes Directive (EU) 2021/...15 , but considers it insufficient due to the fact that the labour markets of the Union are also in need ofthat some Member States´ labour markets could also benefit from low- and medium- skilled workers; calls, therefore, on the Commission to include in its proposal an admission scheme for low- and medium- skilled third-country workers, including the creation of a framework for the validation and recognition of their skills and qualifications, based on objective and uniform criteria; reminds that Article 79(5) of the TFEU reserves the right for Member States to determine volumes of admission of TCNs coming to their territory to seek work as well as types and categories of employment according to the labour market needs; _________________ 15EUT number of 2016/0176 COD to be inserted.
Amendment 117 #
2020/2255(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests the Commission to include in its proposal a framework for talent partnerships between Member States and third countries, tailored to the situation ofand the third country in questionbenefit of sending and receiving countries, which should include vocational training programmes based on skills, in particular aptitude tests, workplace observation and simulations, and that Member States could opt into on a voluntary basis; calls on the Commission to ensure that the framework allows for Parliament to be able to fully exercise its scrutiny and evaluation role;
Amendment 126 #
2020/2255(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the objective of Directive 2011/98/EU to simplify and harmonise the rules concerning permits currently applicable in the Member States has not been fully achieved with some of the provisions being implemented in different ways across Union; requests the Commission to take the necessary steps to ensure that the Member States implement that Directive fully; further considers that that Directive should be amended to allow applications for a single permit to be lodged from within both afurther simplified and harmonised and properly implemented by Member States and a third country, and, in order to further simplify and harmonise the rules, to clearly regulateregulate appropriately the procedure for obtaining an entry visa so as to avoid applicants having to submit the documents needed to obtain a single permit twice, and calls on the Commission to include such amendments in its proposal;
Amendment 131 #
2020/2255(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Requests that the Commission includes in its proposal the establishment of a transnational advisory service network, to be managed by the Commission, for legally migrating third- country workers, with each Member State designating a lead authority to process applications and to coordinate the advice and information provided to third-country nationals applying for work in the Union; insists that the lead authorities should be responsible for the sharing of information among Member States on third-country workers and should act as contact points for the talent pool; asks that the lead authorities be responsible also for close coordination with one another with regard to applications lodged for a single permit to reside and work in accordance with Directive 2011/98/EU in order to avoid double submissions; points out the need to facilitate the gathering of data, statistics and evidence as well as information- sharing between Member States to improve the efficiency and effectiveness of the acquis;
Amendment 140 #
2020/2255(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to include in its proposal an amendment to Directive 2014/36/EU to allow holders of work permits under that Directive a period of three months to seek new employment after having left their previous employer without having their work permit revokedfor Member States to renew work permits, for the purposes of seasonal work, from a pool of seasonal workers created for this purpose, which should be extended for a period of up to 5 years;
Amendment 146 #
2020/2255(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Requests the Commission to include in its proposal an amendment to Directive 2009/52/EC to adapt its scope to include exploited legally residing third- country nationals working in the Union by conditions that affect workers’ health and safety and are offending against human dignity;
Amendment 154 #
2020/2255(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is of the view that Directive 2003/109/EC should be amended to allow third-country nationals who are long-term residents of a Member State to reside permanently within another Member State from the day their permit is issued on terms similar to the terms applicable to Union citizens and to reduce the number of years of residence required to acquire Union long-term residence status from five to three years; calls on the Commission to include those amendments in its proposal, which is currently under- used and does not provide an effective right to intra-EU mobility, should be reviewed in order to create a true EU long-term residence status, in particular by strengthening the right of long-term residents to move and work in other Member States;
Amendment 162 #
2020/2255(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is of the view that sufficientif additional funding for the proposals set out in this report is required and considers that the financial implications of the requested proposalit should be covered by the relevant Union budgetary allocation;
Amendment 186 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 2 – indent 1
Annex I – Recommendation 2 – indent 1
- IGiven the demographic challenges and the global competition for talent, it is a pressing need for the Union to particularly improve its attractiveness for allhighly skilled third-country workers, not only for highly-skilled workers.labour to the EU; With the revision of the Directive (EU) [EU BLUE CARD], the Union has taken furthersignificant steps to achieve that goal for highly-skilled third- country workers. However, it is imperative to achieve that goal for low- and medium- skilled third-country workers in order to fill vacancies and improve matching on the Member States’ labour markets,n order to fill vacancies, it is imperative to improve matching on labour markets needs, determined by Member States, to further enhancinge the Union’s economic competitiveness.
Amendment 188 #
2020/2255(INL)
Motion for a resolution
Annex I – Recommendation 2 – indent 2
Annex I – Recommendation 2 – indent 2
Amendment 1 #
2020/2215(INI)
Motion for a resolution
Citation -1 (new)
Citation -1 (new)
-1 having regard to Article 2 of the Treaty on European Union (TEU),
Amendment 3 #
2020/2215(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to Articles 5, 6 & 168 of the Treaty on the Functioning of the European Union,
Amendment 23 #
2020/2215(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) of 18 December 1979,
Amendment 42 #
2020/2215(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
Amendment 51 #
2020/2215(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
- having regard to the European Commission's communication of the 25th of November 2020 on the Gender Action Plan III,
Amendment 52 #
2020/2215(INI)
Motion for a resolution
Citation 24 b (new)
Citation 24 b (new)
- having regard to the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152),
Amendment 65 #
2020/2215(INI)
Motion for a resolution
Citation 31 a (new)
Citation 31 a (new)
- having regard to the report of the European Institute for Gender Equality of 22 November 2019 on Beijing +25 – The 5thReview of the Implementation of the Beijing Platform for Action in the EU Member States,
Amendment 66 #
2020/2215(INI)
Motion for a resolution
Citation 31 b (new)
Citation 31 b (new)
- having regard to the WHO/Europe, its Action Plan for SRH and Rights 2017-2021, which has three closely interlinked goals: ‘Enable all people to make informed decisions about their sexual and reproductive health and ensure that their human rights are respected, protected and fulfilled’, ‘Ensure that all people can enjoy the highest attainable standard of sexual and reproductive health and well-being’, and ‘Guarantee universal access to sexual and reproductive health and eliminate inequalities’,
Amendment 111 #
2020/2215(INI)
Motion for a resolution
Recital B
Recital B
B. whereas sexual and reproductive health and rights (SRHR) are, according to the World Health Organisation (WHO), an umbrella term for various issues affecting men, women, boys and girls alike, and representing four separate areas: sexual health, sexual rights, reproductive health and reproductive rights, based on the rights of all individuals to have their bodily integrity and personal autonomy respected; define their sexual orientation and gender identity; decide whether, with whom and when to be sexually active; decide whether, when and who to marry and when, whether and by what means to have a child or children; have access to the information and support necessary to achieve all of the above9 ; _________________ 9 Guttmacher-Lancet Commission, Executive Summary on sexual and reproductive health and rights, The Lancet, London, 2018, https://www.guttmacher.org/guttmacher- lancet-commission/accelerate-progress- executive-summary
Amendment 126 #
2020/2215(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the concept of SRH was put forward at the International Conference on Population and Development in 1994, where reproductive health was defined as a “state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system, and to its functions and processes” and the reproductive rights as ‘Certain human rights that are already recognised in national laws, international human rights documents and other consensus documents’;
Amendment 130 #
2020/2215(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas health is not a direct competence of the European Union but cooperation between Member States takes place through the Open Method of Coordination;
Amendment 132 #
2020/2215(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas the European Union has direct competence to act in advancing sexual and reproductive health and rights in external action; whereas the European Union does not have direct competence to act in advancing sexual and reproductive health and rights within the Union; whereas the European Parliament invites and encourages Member States to advance sexual and reproductive health and rights for all;
Amendment 137 #
2020/2215(INI)
Motion for a resolution
Recital D
Recital D
D. whereas violations of SRHR constitute breaches of human rights, specifically the right to life, physical and mental integrity, equality, non- discrimination, health and education; whereas violations of women’s SRHR are a form of violence against women and girls;1a; _________________ 1a OHCHR, Information Series on Sexual and Reproductive Health and Rights, https://www.ohchr.org/Documents/Issues/ Women/WRGS/SexualHealth/INFO_Abo rtion_WEB.pdf
Amendment 153 #
2020/2215(INI)
Motion for a resolution
Recital F
Recital F
F. whereas SRHR challenges and obstacles can include, among others, obstacles of a legal, financial, cultural and information nature, such as: a lack of access, denial of medical care based on personal beliefs, gender-based violence, gynaecological and obstetric violence, a lack of comprehensive and age appropriate sexuality education, denial of access to information/education, a lack of available contraception methods, limited access to medically assisted reproduction treatments, difficulties accessing goods necessary for SRHR, forced sterilisation, high rates of STIs and HIV, disparities in maternal mortality, high adolescent pregnancy rates, harmful gender stereotypes and practices such as female genital mutilation, early, forced and child marriages and honour killings;
Amendment 168 #
2020/2215(INI)
G. whereas the unavailability of scientifically accurate information violates the rights of individuals toand is damaging in makeing informed choices about their own SRHR;
Amendment 176 #
2020/2215(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the essential package of SRH measures includes: comprehensivaccess to information, healthcare services, and confidential and unbiased counselling; comprehensive and age appropriate sexuality education; modern contraceptives; antenatal, childbirth and postnatal care; midwifery; obstetric and newborn care; safe and legal abortion services; the prevention and treatment of HIV and other STIs; services aimed at detecting, preventing and treating sexual and gender-based violence; treatment for reproductive cancers; and fertility and infertility services;
Amendment 183 #
2020/2215(INI)
Motion for a resolution
Recital I
Recital I
I. whereas comprehensive sexuality education facilitates informed reproductive choicesand age appropriate sexuality education is a rights based and gender focused approach to sexuality education, including scientifically accurate information about human development, anatomy and reproductive health which facilitates informed reproductive choices and helps to combat gender-based violence;
Amendment 195 #
2020/2215(INI)
Motion for a resolution
Recital J
Recital J
J. whereas some Member States still have laws prohibiting abortion except in strictly defined circumstances, forcresulting in women having to seek clandestine abortions, to travel to other countries or to carry their pregnancy to term against their will, which is a violation of human rights and a form of gender-based violence; 1a; _________________ 1a OHCHR, Information Series on Sexual and Reproductive Health and Rights, https://www.ohchr.org/Documents/Issues/ Women/WRGS/SexualHealth/INFO_Abo rtion_WEB.pdf
Amendment 203 #
2020/2215(INI)
Motion for a resolution
Recital K
Recital K
K. whereas abortion laws are based on national legislation; whereas even when abortion is legally available, there are often barriers to accessing it;
Amendment 220 #
2020/2215(INI)
Motion for a resolution
Recital M
Recital M
M. whereas SRHR issues are often instrumentalised by opponents of reproductive rights who appeal to national interests in order to achieve demographic objectives, thus contributing to the erosion of democracy and personal freedoms;
Amendment 231 #
2020/2215(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. whereas, according to the Charter, the ECHR and the case law of the European Court of Human Rights, women’s sexual and reproductive health is related to multiple human rights, including the right to life and dignity, freedom from inhuman and degrading treatment, the right to access healthcare, the right to privacy, the right to education and the prohibition of discrimination;
Amendment 237 #
2020/2215(INI)
Motion for a resolution
Recital N b (new)
Recital N b (new)
N b. recalls that sexual health is fundamental to the overall health and wellbeing of individuals, couples and families, in addition to the social and economic development of communities and countries, and that access to health, including sexual and reproductive health, is a human right; whereas providing some form of sexuality and health education is already mandatory in a majority of Member States;
Amendment 247 #
2020/2215(INI)
Motion for a resolution
Subheading 1
Subheading 1
Forging a consensus andin addressing SRHR challenges as EU challenges
Amendment 250 #
2020/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls upon the EU, its bodies and agencies to support and promote access to SRHR services within the exercise of its policies and competences and with due regard to subsidiarity, and calls upon the Member States to ensure access to a full range of SRHR, and to remove all barriers impeding full access to SRHR;
Amendment 255 #
2020/2215(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls the EU commitment to the promotion, protection and fulfilment of the right of every individual and of every woman and girl to have full control over and decide freely and responsibly on matters related to their sexuality and sexual and reproductive rights, free from discrimination, coercion and violence 1a’; _________________ 1a EU Council conclusions ‘EU priorities at the United Nations and the 75th United Nations GeneralAssembly, September 2020-September 2021'
Amendment 260 #
2020/2215(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses the need for a positive and proactive approach to healthcare throughout the lifecycle;
Amendment 270 #
2020/2215(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. In accordance with the principle of subsidiarity and in line with national competences and national legislation in the field of health, calls upon the Member States to safeguard the right of all persons to make their own informed choices with regard to SRHR;
Amendment 271 #
2020/2215(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls in that context for regular exchanges and promotion of good practices between Member States and stakeholders on the gender aspects of health to be facilitated, including on sexual and reproductive health and rights;
Amendment 289 #
2020/2215(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the importance of guaranteeing sufficient budgetary provision for women’s sexual and reproductive health and ensuring the availability of adequate human resources and necessary goods across all levels of the health system, in both urban and rural areas;
Amendment 291 #
2020/2215(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. While the Union´s action in the field of health is limited, the Union should support Member States in reducing health inequalities and in achieving health coverage in the provision of sexual and reproductive health services, while addressing the challenges of vulnerable groups;
Amendment 293 #
2020/2215(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Emphasises that the Union can support the Member States in preparing their health systems for emerging technologies to ensure the most cutting- edge and emerging treatments and diagnostic methods are available, allowing patients to fully benefit from the digital revolution; Stresses the need to fully utilise Horizon Europe and Digital Europe to further these priorities;
Amendment 294 #
2020/2215(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Highlights that the European Union can support Member State actions to ensure access to sexual and reproductive health services and related medicinal products, including in the global market, and to support integrated and intersectional approaches to prevention, diagnosis, treatment and care;
Amendment 300 #
2020/2215(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls upon the Member States to establish effective strategies and monitoring programmes that guarantee access to a full range of SRHR services in line with international health standards;
Amendment 303 #
2020/2215(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that equity in access, quality of care and accountability in regards to healthcare, including SRH related illness such as STIs, HIV/AIDS, reproductive cancers and hepatitis among others, are fundamental in respect of human rights; further emphasises that services, commodities and facilities need to be of quality, sufficiently available and respect medical ethics, and to be culturally appropriate and responsive to gender and life course requirements; stresses the need to cater to the specific needs of diverse population groups, with respect for confidentiality and informed consent, and that services should be scientifically and medically appropriate and of good quality;
Amendment 305 #
2020/2215(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises the importance of illness prevention through education; Further stresses the importance of vaccinations in illness prevention where vaccinations exist; calls therefore for the Member States and the European Commission to extend the EU purchase of vaccines to combat COVID-19 to the purchase of the HPV vaccine, ensuring that every young person in Europe can avail of this vaccine;
Amendment 320 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the need to take into consideration specific health needs related to SRHR such as infertility, menopause, specific reproductive cancers; Calls on the Commission to provide information as to the contribution of EU programmes to advancing and supporting reproductive health;
Amendment 323 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses the importance of close examination of fertility in the EU and the prevalence of infertility, which for many families and persons is a difficult and painful reality; stresses the need to take a holistic approach, taking fertility and infertility into consideration jointly, including prevention (incidence of STIs and tubal infertility, the roles of comprehensive and age appropriate sexuality education and SRH services, combined with public awareness) and equality of access to services (ensuring the removal of barriers to treatment within countries leading to an increase in cross-border reproductive care, where necessary, and the further development of safe and cost-effective new technologies, based on ethical medicine);
Amendment 325 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Emphasises that environmental change can be detrimental to future fertility; stresses the need to consider the impacts of environmental change on SRHR, including pollution of water and air, and an increase in the consumption of chemicals; asks that this be further examined through Horizon Europe and addressed through the European Green Deal;
Amendment 339 #
2020/2215(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the need for universal access to quality and affordable comprehensive sexual and reproductive health information and education, including comprehensive and age appropriate sexuality education, with respect of the Member States’ competences and practices; emphasises that this can significantly contribute to reducing sexual violence and harassment, complemented through EU funding and projects enhancing cooperation and coordination of public health policies, and the development and dissemination of good practices;
Amendment 343 #
2020/2215(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Strongly reiterates that access to comprehensive and age-appropriate information about sex and sexuality and access to sexual and reproductive healthcare, including sexuality education, family planning, contraceptive methods, is essential for the creation of a positive and respectful approach to sexuality and sexual relationships, in addition to the possibility of having safe sexual experiences, free from coercion, discrimination and violence; encourages all Member States to introduce comprehensive age-appropriate sexuality and relationship education for young people in schools;
Amendment 349 #
2020/2215(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls upon the Member States and the media to combat the spread of discriminatory and unsafe misinformation on SRHR;
Amendment 360 #
2020/2215(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls upon the Member States to ensure access to a range of contraceptive methods, allowing women in collaboration with their doctors to choose the method that best suits them, thereby safeguarding the fundamental right to health and the right of choice;
Amendment 400 #
2020/2215(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Member States to regulateaddress obstacles to legal abortion and recalls that they have a responsibility to ensure that women have access to the rights afforded to them by law;
Amendment 415 #
2020/2215(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls upon the Member States to adopt measures to ensure that all women have access to quality, affordable, evidence-based maternity care, based on respect;
Amendment 419 #
2020/2215(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that the WHO European region has the lowest instance of breastfeeding in the world; Highlights the need for greater awareness and information on the benefits of breastfeeding; calls on the Member States and the European Commission initiate high-profile campaigns to stress the benefits of breastfeeding;
Amendment 422 #
2020/2215(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Commission to develop common EU standards in maternal healthcare and to facilitate best practice sharing amongst experts in the field;
Amendment 427 #
2020/2215(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls upon the Member States to combat physical and verbal abuse, including gynaecological and obstetric violence, which constitute forms of gender-baseddo their utmost to ensure the respect of women's rights and their dignity in childbirth, and to combat any associated gender based violence, including physical and verbal abuse such as gynaecological and obstetric violence;
Amendment 434 #
2020/2215(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses that the EU4Health should be gender mainstreamed, to take into account gender bias and to develop a gender sensitive approach to disease awareness, screening, diagnosis and treatment;
Amendment 459 #
2020/2215(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls upon the Member States to exercise their competence in SRHR by striving to protect human rights, specifically the right to health, and implement a wide range of SRH services, ensuring that the principle of non- retrogression is respected;
Amendment 465 #
2020/2215(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Stresses the highly damaging and diverse health consequences of gender- based violence, which has been shown to have the potential to lead to severe physical and mental health consequences, including gynaecological disorders and adverse pregnancy outcomes;
Amendment 482 #
2020/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls upon the Commissioner for Equality to promote and protect SRHR and to include them in the nextfacilitate and promote the exchange of best practices between Member States and stakeholders on gender aspects of health, including SRHR and to facilitate the synergies between EU4Health and in the EU gGender eEquality sStrategy;
Amendment 486 #
2020/2215(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
Amendment 487 #
2020/2215(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Stresses the importance of sexual and reproductive health providers in the provision of a comprehensive range of sexual and reproductive health services, including both physical and mental health; encourages the Member States to take their unique circumstances into consideration when planning the provision of healthcare overall;
Amendment 492 #
2020/2215(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls upon the Commissioner for International Partnerships to uphold the European Consensus on Development and the SDGs, in particular targets 3.7 and 5.6, to ensure that SRHR remain a development priority in all EU external activities and relations, in particular in the new Gender Action Plan III;
Amendment 2 #
2020/2194(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Expresses its overall satisfaction with the work of the eight decentralised agencies (CEPOL, EASO, EMCDDA, eu- LISA, Eurojust, Europol, FRA, Frontex) falling within its remit and of the European Data Protection Supervisor (EDPS), which carry out operational, analytical or managerial tasks and thereby support the Union institutions as well as Member States in implementing policies in the area of Justice and Home Affairs (JHA) and the way their budgets are implemented; reiterates the need to ensure adequate financial support for JHA agencies to deliver the tasks assigned to them in full transparency and to fulfil their mandates in full compliance with fundamental rights;
Amendment 6 #
2020/2194(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the Court found that the payments underlying the accounts were legal and regular for all agencies except for EASO, for which a qualified opinion was issued due to irregularities in regard to public procurement procedures and related payments; is disappointed that the legality and regularity of payments only slowly improved in 2019; regrets that, once again, there were irregular payments, representing 14,6 % of the value of all payments made by EASO in 2019; Anotes that corrective actions were implemented by the EASO in 2019 to address the irregularities; acknowledges that the Executive Director is taking action to improve the management of EASO;
Amendment 8 #
2020/2194(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes the inherent difficulty that the agencies face when required to submit their Single Programming Document while the relevant legal instruments are still under negotiation by the co- legislators, thereby leading to a situation where budget lines are made available before their corresponding legal instruments are adopted; calls on the Commission to improve its communication with the agencies to better streamline the expected timelines for the adoption of legislation and corresponding budget lines; notes the Court’s Recommendation that agencies should be allocated resources in a more flexible manner while stressing the importance of due reporting, transparency and auditing;
Amendment 9 #
2020/2194(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Welcomes the high level of cooperation in the area of migration that concerns the JHA agencies, particularly at the hotspots; notes with approval the regular meetings conducted amongst CEPOL, EASO, Frontex, EMCDDA, eu- LISA, Eurojust, Europol, FRA, DG HOME and DG JUST of the Commission in the framework of the JHA Agencies’ Network, also aided by the EU Policy Cycle/ EMPACT framework; highlights the Court’s observation that JHA Agencies, particularly Europol, Eurojust and Frontex, are fully integrated in the external dimension of the Area of Freedom, Security and Justice and are amongst the internationally most active agencies;
Amendment 10 #
2020/2194(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the Court did not address ‘emphasis on the matter’ with regard to JHA agencies, with the exception of FRONTEX, for which the Court drew attention to the level of error related to equipment expenditure in the context of grant agreements with cooperating countries; notes the Court’s observation that the Agency has taken steps to improve ex-ante verifications, and has re- introduced ex-post verifications on reimbursements in 2019, in line with recommendations made in previous years; expresses its concern about the serious and repeated allegations of FRONTEX's involvement in the pushbacks and of migrants and allegations of violations of fundamental rights;
Amendment 15 #
2020/2194(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that public procurement continues to be the main area prone to error in relation to all Union decentralised agencies; calls therefore on the affected JHA agencies, i.e. Europol, and CEPOL to improve their public procurement procedures with a view to compliance with applicable rules and as a result, the achievement of the most economically advantageous purchases, while respecting the principles of transparency, proportionality, equal treatment and non- discrimination and eu-LISA to improve the recruitment procedure.
Amendment 17 #
2020/2194(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Takes note that the Court did not audit the 2019 accounts of the European Public Prosecutor's Office ('EPPO'), since the EU body was not yet financially autonomous; expects the Court to present an audit of the accounts of the EPPO for the accounting year 2020.
Amendment 2 #
2020/2181(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (the 'Agency') offers an important contribution to a safer Europe by applying the highest levels of information security and data protection to the information entrusted to it, providing high-quality services and helping to align Member States’ technological capabilities with their needs; reminds that the Agency’s new mandate that entered into force in December 2018 enhanced its capacity to both improve existing and develop new information systems was enhanced by its new mandate which entered into force in December 2018and tasked the Agency to ensure their interoperability;
Amendment 4 #
2020/2181(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates the Agency's very low budget implementation in 2019, with close to 55.2 % (EUR 159 million) of commitment appropriations carried forward and 47.832 % (EUR 6643 million) of payment appropriations unusedreturned to the general budget; acknowledges that this was due to the late adoption or entry into force of certain legislative acts; calls on the Agency and the Commission to improve the budgetary planning in the future and to improve alignment of budgetary planning with the timing of the related legal acts;, which created a significant difference between the actual timeline for their implementation compared with the timeline set by the Commission in the respective Legislative Financial Statements; recommends, therefore, the Commission to involve and consult the Agency at the earliest stage of preparation of relevant legislative proposals in order to improve the assumptions underpinning the financial planning and thereby improve alignment of budgetary planning with the timing of the related legal acts, also to avoid making it necessary for the Agency to turn to private contractors and outsource tasks that may in turn lead to the Agency becoming dependent on external entities for operations that are of a sensitive and critical nature; (The Payment Appropriations were nearly entirely returned to the General Budget via the global transfer exercise. At the start of 2019, eu-LISA had €204 in Payment Appropriations inscribed, out of which it returned €43 million to the General Budget (32%). Finally, the Legislative Financial Statements accompanying each legislative proposal are decided by the Commission. A recommendation for it to involve eu-LISA at the earliest planning stages to improve budgetary planning alignment is justified.)
Amendment 12 #
2020/2181(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the progress made regarding the Court’s recommendations from previous yearsobservations and Parliament's ensuing recommendations from previous years, specifically the Agency's publication of vacancy notices on the website of the European Personnel Selection Office (EPSO) in addition to on its website and on social media.
Amendment 2 #
2020/2172(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the important role of the European Union Agency for Law Enforcement Cooperation (‘Europol’) in supporting Member States’ criminal investigations and providing operational analysis; emphasises also the extension of its tasks and its growing role in the prevention and combating of serious crime, includingand organised crime, and terrorism;
Amendment 8 #
2020/2172(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes that the Court of Auditors ('the Court') has declared the transactions underlying the annual accounts of Europol for the financial year 2019to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly represented; welcomes that the Court has found the payments underlying the accounts for the year ended 31 December 2019 to be legal and regular in all material aspects;
Amendment 14 #
2020/2172(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the number of operations that Europol supported grew from 1 748 in 2018 to 1 921 in 2019 (representing an increase of 9,89 %) and that operational meetings funded by Europol increased from 427 in 2018 to over 500 in 2019 (representing an increase of 17%), which underline the substantial increase in the importance of the Agency's work;
Amendment 17 #
2020/2172(DEC)
4. Regrets to note again the Court’s finding that there were weaknesses in contract management and ex ante controls linked that the Europol irregularly prolonged the duration of a framework contract for the provision of business travel services by signing an amendment after the contract had expired; notes that this resulted in irregular payment of EUR 32 531 in 2019.; takes note of the explanations from Europol in response to the Court’s finding, highlighting that the extension was a conscious decision to preserve business continuity and that Europol will have an internal audit on contract management in 2021 to obtain assurance on its contract management arrangements and calls on the Agency to improve the regularity of transactions;
Amendment 22 #
2020/2172(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes the late payments issued by the Agency in 20 % of the cases in 2019; acknowledges that the level of late payments was even higher in previous years but calls on the Agency to regularise payments to bring these in line with the Financial Regulation to avoid reputational risk;
Amendment 25 #
2020/2172(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes the Court’s observations that tendering documents for procurement were not specific enough in 2019 with regard to the procurement of furniture, which undermines the competitive nature of tendering procedures; calls on the Agency to ensure that tendering specifications are comprehensive to allow fair and effective competition;
Amendment 30 #
2020/2172(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes the Court’s observations that underlying prices and calculation of certain discounts were not properly checked prior to submitting the order form to the contractor of the purchasing of furniture; calls on the Agency to integrate such checks in its ex-ante controls, before signing and sending the order forms;
Amendment 31 #
2020/2172(DEC)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Welcomes the Agency’s action following the Court’s observation from 2017 so that it now publishes vacancy notices on the website of the European Personnel Selection Office in addition to on its own website and on social media;
Amendment 5 #
2020/2167(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes with concern the findings of the Court of Auditors’ (the Court) in its special report1 ; takes the view that any future special report by the Court on the Agency's activities should include analysis regarding respect for and the protection of fundamental rights, where in line with its tasks and competences; _________________ 1 https://www.eca.europa.eu/Lists/ECADocu ments/SR21_08/SR_Frontex_EN.pdf
Amendment 10 #
2020/2167(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes with regret the weaknesses detected with respect to the Agency’s primary activities and acknowledges that the Agency has fulfilled the vast majority of its tasks in support of the fight against irregular immigration and the fight against cross-border crime which are caused by an in; reiterates that for a complete implementation of the 2016 mandate and the failure of the Agency to take the measures necessary to adaptmore support is necessary to the Agency to ensure its corganisation to fullyrect functioning and implementation of thate mandate; notes with concern that the Court identifies a significant risk that the Agency will struggle to carry out the mandate given to it by Regulation (EU) 2019/18962 it was given under EBCGA 2.0; notes that the Agency has undergone a significant transformation with its mandate revised multiple times without prior impact assessments by the Commission and that many of the recommendations have already been put in place or are being implemented but could not be considered by the Court´s findings; acknowledges the gaps and inconsistencies of the information exchange network and further acknowledges the weaknesses in Member States’ implementation of Regulation (EU) No 1052/2013 establishing the European border surveillance system (EUROSUR); _________________ 2Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 16 #
2020/2167(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concernedUnderstands that the Agency dicould not provide information about the impact or cost of its activities, more particularly about the real cost of its joint operations, either aggregated or disaggregated by operation (maritime and aerial) and type of costs (e.g. human resources and light equipment, or heavy equipment) due to unfeasibility of the use of unit costs due to the operational specificities as expressed by Member States to the Agency on multiple occasions; notes that therefore the Agency was only able to presents costs based on estimates that can reveal significant differences; is disappointed that the Agency’s operational reporting means that decision makers are noturges the Agency together with the Member States to enhance operational reporting to ensure adequately informedation of decision makers;
Amendment 23 #
2020/2167(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the recruitment of the fundamental rights officer, who took office on 1 June 2021, and the appointment of 20 fundamental rights monitors; regrets that 15 of those appointments were made at AST level which is not in keeping with the Agency’s mandate under Regulation (EU) 2019/1896points to the agreement of 2020 between the appointed FRO, a.i. and the Executive Director regarding the division of posts between AST4 and AD7 for future FRMs communicated to the Management Board as well as agreed with the Commission; reiterates that Regulation (EU) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors by 5 December 2020; insists that the Agency swiftly recruits the remaining 20 fundamental rights monitors and does so in AD positions;
Amendment 36 #
2020/2167(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the OLAF investigation into Frontex is still ongoing; notes also that the European Ombudsman’s inquiry with respect to the Agency’s complaints mechanism, case OI/5/2020/MHZ, was closed on 15 June 2021, finding, amstating that no maladministrationg other things,ccurred, mentioning only a regrettable lack of transparency; notes in addition that the Agency’s management board has closed its investigation on 13 incidents in the Aegean Sea; recalls that Parliament’s Frontex Scrutiny Working Group has not yet completed its report on the allegations of violations of fundamental rights by the Agency;
Amendment 42 #
2020/2167(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Concludes that the increased competences and budget for the Agency need to be accompanied by a corresponding increase in accountability and transparency; stresses that discharge for the Agency is conditional on such accountability and transparency, especially on the Agency's commitment to Union law; stresses in this context the need for a full clarification of the alleged violfurthermore that the discharge procedure is an integral part of the implementations of fundamental rights at the external borderthe EU´s budgetary cycle and therefore needs to be objective and free of politicised positions;
Amendment 49 #
2020/2167(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Declares that, as all of the above issues have not been adequately clarified and presented by the Agency to Parliament, including the issues set out in the recent special report of the Court, and until the OLAF investigation is completed, the Parliament is not in a position to grant dischargee need for a revised discharge report in respect of the implementation of the Agency’s budget for the financial year 2019 once the OLAF investigation is completed.
Amendment 5 #
2020/2158(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the fact that Eurojust was faced with a decrease in its budget from EUR 47 to 44 million (-6.38%) and merely a slight increase in staff from 238 to 239 (+0.4%) despite a 17% increase in workload compared to 2018; reminds that the workload is expected to increase further due to the new, strengthened, mandate which entered into force in 20191 ; further recalls that the number of coordination centres held in 2019 increased from 17 to 20 (+19%), demonstrating the popularity and utility of this operational tool; stresses the essential role that Eurojust plays in the Union security chain and maintains that its budget should match its tasks and priorities in order to enable it to fulfil its mandate; _________________ 1Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32018 R1727
Amendment 8 #
2020/2158(DEC)
4. Notes that an outstanding observation from 2018, namely, the use of a negotiated procurement procedure is still to be justified; welcomes the Agency's action following the Court's observation from 2017 so that it now publishes vacancy notices on the website of the European Personnel Selection Office in addition to its own website and on social media;
Amendment 4 #
2020/2153(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates its concern that the Court has identified a horizontal trend acrossrecurrent shortcoming applying to several agencies in the use of external staff hired in IT consultancy roleand interim workers; calls for the dependency on external recruitment in this important area to be addressed; notes the pending case before the CJEU as regards the use of interim workers by EMCDDA, and for applicable labour law to be respected; welcomes that the Centre's reply that it has reassessed its policy for use of temporary workers with a view to further rationalise the latter is in line with its operating needs and the relevant legal framework; notes the pending case before the CJEU1a, which addressinges several questions concerning the application of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency workers to EU agencies; _________________ 1a C-948/19 Manpower Lit.
Amendment 3 #
2020/2152(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the role of the Fundamental Rights Agency (‘FRA’ or ‘the Agency’) in helping to ensure that the fundamental rights of people living in the Union are promoted and protected; recalls the importance of the Agency in promoting the reflection on the appropriate balance between security and fundamental rightsfundamental rights' impact on security policy; highlights, in particular, the value of the Agency’s studies and opinions for the development and implementation of Union legislation;
Amendment 6 #
2020/2152(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that the Court of Auditors (‘the Court’) has declared the transactions underlying the annual accounts of the Agency for the financial year 2019 to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly presented; deplores the fact that the budget of the Agency ofdecreased from EUR 30 million decreased in 20198 to EUR 29 million in 2019and notes the slight staff increase from 110 to 114 in 2019during the same time;
Amendment 8 #
2020/2152(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the levels of commitment carry-overs for operational expenditure once again remained high at 60 %, which is a lower percentage than in 2018, but still indicates a structural problem; calls on the Agency to further improve its financial planning and its implementation cycles; welcomes that the Agency has in the meantime implemented a new project management tool to better sustain the high amount of data and that this is expected to enable the Agency to better estimate its carry-overs to meet its stated Key Performance Indicators; recommends a re-evaluation of the situation until the percentage of carry- overs is reduced to an acceptable level;
Amendment 12 #
2020/2152(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes that the Agency has attained 100% of the budgetary execution for committed appropriations and that it has surpassed its outturn target with a result of 99.43%;
Amendment 14 #
2020/2152(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the progress madeintroduction of e- tendering by the Agency in relation toline with the recommendations of the Court on the introduction of e-tendering; calls on the FRA to step up its efforts regarding the outstanding recommendation on e- submission while acknowledging that this is not solely under the control of the Agency.
Amendment 16 #
2020/2152(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the launch of the European Union Fundamental Rights Information System (EFRIS) for the more systematic use of assessments of the Union’s and Member States’ international human rights obligations, also following the encouragement of the Parliament to develop such a tool;
Amendment 22 #
2020/2152(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes the implementation of the Agency’s Anti-Fraud Strategy throughout 2019 with a special focus on the provisions of FRA guidelines on whistleblowing; encourages the Agency to continue its work in this regard.
Amendment 2 #
2020/2058(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Expects that under the future multiannual financial framework (MFF), the contribution to the agricultural and rural development domain will be maintained at current levels; insists that any additional measures relating to the green transition be financed with fresh money and additional EU own resources; points out that the additional measures under the European Green Deal and the Farm-to-Fork Strategy must not be financed at the expense of existing common agricultural policy (CAP) funding;
Amendment 41 #
2020/2058(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for increasing ecological requirements always to be offset financially; points out that unilateral conditions benefit neither European agriculture nor the environment if they result in the relocation of European food production to third countries;
Amendment 56 #
2020/2058(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 58 #
2020/2058(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission to ensure that, under both the Farm-to-Fork Strategy and future climate policy, European agriculture is recognised as a sector of systemic importance and that security of supply, as a stability factor, is sufficiently taken into account and kept in mind at all times.
Amendment 8 #
2020/2045(INI)
Draft opinion
Recital A
Recital A
A. whereas the EU Facility for Refugees in Turkey (FRT) was created in 2016 in the framework of the EU-Turkey statement and manages EUR 6 billion; whereas human rights violations have taken place under this agreement which are incompatible with the EU Charter of Fundame mobilised in two tranches' the first tranche serves to fund projects that run until mid-2021 latest and the second tranche serves to fund projects, which run untail Rights;mid-2025 latest.
Amendment 13 #
2020/2045(INI)
Draft opinion
Recital B
Recital B
B. whereas the EU Emergency Trust Fund for stability and addressing root causes of irregular migration and displaced persons in Africa (EUTF) was established in 2015; whereas the EUTF makes predominant use (90 %) of Official Development Assistance; whereas it became the main financial instrument for the EU’s political engagement with African partners in the field of migration; whereas the EUTF has funded over 500 projects in more than 256 partner countries in Africaacross three regions of Africa: the Sahel and Lake Chad, the Horn of Africa and North Africa, for a total of over EUR 4.8 billion; whereas the EUTF has raised concerns about contributing to inhumane anduntries face growing challenges ranging from demograding treatment and/or financing actors that have committed human rights violations, such as in Libya, Eritrea and Sudanphic pressure, extreme poverty, weak social and economic infrastructure, internal tensions and institutional weaknesses to insufficient resilience to food crises and environmental stress;
Amendment 19 #
2020/2045(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas over the last four years, the EUTF for Africa further demonstrated its added value as a swift and effective implementation tool which facilitates political dialogue with a great number of partner countries, applies innovative approaches and produces concrete results on the ground by pooling funding and expertise from a variety of stakeholders including EU Member States.
Amendment 22 #
2020/2045(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. Whereas, as the crisis became protracted, the EUTF Madad's response evolved further along the humanitarian development nexus, by increasing its focus on systems strengthening to support the host countries’ efforts and capacities to respond to the protracted refugee crisis, particularly as regards public service delivery (education, health, water and sanitation, livelihoods, etc.) in Iraq, Jordan and Lebanon.
Amendment 25 #
2020/2045(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
B c. Whereas the EUTF Madad has proven to be comparatively faster to launch projects than normal ENI or IPA procedures; whereas it has also managed to reach economy of scale, with large scale projects of an average volume of EUR 20 million and with an average implementation period of around 30 months;
Amendment 32 #
2020/2045(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. DeplorUnderlines the fact that both the EUTF and the FRTs are ad hoc instruments that were set up outside the EU budget, raising concerns over their lack of transparency and democratic accountability; points out that their governance structures deviate from ordinary decision- Facility for Refugees in Turkey (FRT) differs from the other EU trust funds, making and bypass parliament scrutinyly because it remains embedded within the budget of the EU;
Amendment 36 #
2020/2045(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to enhance transparency on EUTFs and FRT through better scrutiny and to improve regular and detailed information sharing with the European Parliament;
Amendment 39 #
2020/2045(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Underlines the need to make sure strict monitoring exercises and audits are carried out to ensure compliance with the Financial Regulation; invites the Commission to scale up reporting on the FRT and asks it to ensure that these funds specifically target refugee projects and are not used for any other purposes;
Amendment 40 #
2020/2045(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Calls on the Commission to ensure that the objectives of the FRT are consistent with the EU’s general principles, policies and objectives, including democracy, the rule of law and human rights;
Amendment 52 #
2020/2045(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the EUTF is part of a trend of the securitiss support partner countries in developing national and externalisation of EU border management aimed at reducing irregular migration to the EU; stresses the risks to development objregional strategies on migration management in line with international standards, improve capacities to prevent irregular migration and fight against trafficking inhuman beings and migrant smuggling, facilitate sustainable and dignified return and reintegration, seek durable solutions for people in need of international protectiveson and fundamental rights associated with this approach.enhance synergies between migration and development;
Amendment 66 #
2020/2045(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that EUTFs support countries hosting refugees by investing in health and education, economic development, job creation and integration into labour markets, for both local communities and refugees, especially vulnerable groups such as women and youth;
Amendment 70 #
2020/2045(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Points out that issues currently covered by EUTFs could be funded under any of the Neighbourhood, Development and international Cooperation Instrument’s components: geographic, thematic or rapid response; underlines that Migration would be one of the priorities under the new instrument with a proposed spending target of 10%;
Amendment 28 #
2020/2042(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas according to the prevailing interpretation of the 1951 Refugee Convention, displacement based on environmental reasons alone does not meet the requirement for refugee protection;
Amendment 52 #
2020/2042(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 84 #
2020/2042(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 105 #
2020/2042(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 114 #
2020/2042(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 120 #
2020/2042(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the international community to reduce the risk of disasters and to promote the inclusion of disaster risk reduction in national preparedness planning, as well as to strengthen the resilience and coping capacities in disaster-prone regions, minimising the need for environmentally-induced displacement when disasters occur;
Amendment 121 #
2020/2042(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the international community to advance national and regional efforts to prevent and address root causes of displacement and promote the development of durable solutions;
Amendment 122 #
2020/2042(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Underlines that the EU financial support (both internal and external) is being directed to support disaster risk reduction via various channels, including humanitarian aid and development instruments, climate change initiatives, support for endemic surveillance capacity and grants for research projects;
Amendment 123 #
2020/2042(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Highlights the importance to supporting and strengthening the resilience of host communities and communities of origin in developing countries; acknowledges that the environmentally induced displacement linked to both sudden-onset and slow- onset environmental changes will inevitably continue and therefore measures will be required to assist the displaced, including through emergency responses in cases of sudden-onset disasters, and to find durable solutions through humanitarian and civil protection aid and capacity building measures;
Amendment 8 #
2020/2035(INL)
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, which opened for signature in Istanbul on 11 May2011 (hereinafter the ‘IstanbulConvention’),
Amendment 11 #
2020/2035(INL)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Council of Europe Convention of 23 November 2001 on Cybercrime,
Amendment 12 #
2020/2035(INL)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
— having regard to the Commission Code of Conduct on countering illegal speech online of May 2016 and its fifth monitoring (June 2020),
Amendment 13 #
2020/2035(INL)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
— having regard to the Commission Communication of 28 September 2017 on tackling illegal content online,
Amendment 14 #
2020/2035(INL)
Motion for a resolution
Citation 6 d (new)
Citation 6 d (new)
— having regard the Europol regulation, Europol’s European Cybercrime Center, and its Internet organised crime threat assessment,
Amendment 15 #
2020/2035(INL)
Motion for a resolution
Citation 6 e (new)
Citation 6 e (new)
— having regard to the Eurojust regulation,
Amendment 39 #
2020/2035(INL)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to the European Parliament resolution of 3 October 2017 on Strengthening Media Freedom: the Protection of Journalists in Europe, Hate Speech, Disinformation and the Role of Platforms,
Amendment 43 #
2020/2035(INL)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
— having regard to the European Parliament resolution of 25 November 2020 on Cybercrime,
Amendment 45 #
2020/2035(INL)
Motion for a resolution
Citation 12 c (new)
Citation 12 c (new)
— having regard to the European commission proposal on the Digital Services Act COM 2020(0825),
Amendment 46 #
2020/2035(INL)
Motion for a resolution
Citation 12 d (new)
Citation 12 d (new)
— having regard to the proposal for combatting sexual abuse of children online (interim regulation on the procession of personal and other data), COM 2020 (568),
Amendment 79 #
2020/2035(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Whereas the increasing reach of the internet, the rapid spread of mobile information, and the use of social media, coupled with the violence against women has led to the proliferation of cyber violence against women and gender-based violence;
Amendment 91 #
2020/2035(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas gender-based violence included in its cyber dimension and domestic violence have increased during the COVID-19 pandemic; whereas one in ten women in the EU have already experienced a form of cyber violence since the age of 151a; _________________ 1aEuropean Union Agency for Fundamental Rights (2014). Violence against women: an EU-wide survey
Amendment 93 #
2020/2035(INL)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas according to WHO1a one in three women worldwide experience physical or sexual violence mostly by an intimate partner and lockdowns have aggravated the risk of domestic violence and abuse; whereas the greater use of the internet during the pandemic increases online and ICT-facilitated gender-based violence; _________________ 1aWHO report ´Violence against women prevalence estimates 2018´
Amendment 94 #
2020/2035(INL)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas existing forms of cyber violence and gender-based cyber violence are constantly evolving and new forms are emerging, and the UN Special Rapporteur on violence against women noted that new technologies “will inevitably give rise to different and new manifestations of online violence against women”;
Amendment 115 #
2020/2035(INL)
Motion for a resolution
Recital E
Recital E
E. whereas, despite a growing awareness of the phenomenon of gender- based cyberviolence, the lack of collection of exhaustive and recent data and the underreporting of cases of gender-based cyberviolence prevents an accurate assessment of its prevalence; whereas the European added value assessment on gender-based cyberviolence estimates that between 4 and 7% of women in the Union have experienced cyber harassment during the past 12 months, while between 1 and 3% have experienced cyber stalking; whereas the World Wide Web Foundation survey conducted in 2020 among respondents from180 countries revealed that 52 % of young women and girls have experienced online abuse and 64 % of respondents stated they know someone who have experienced it; outlining that youngwomen and girls are at a greater risk of encountering cyberviolence,particularly cyber- harassment and cyberbullying, which can have incrediblynegative impacts on both their schooling and their mental health; whereas such lack of available data is linked to the underreporting of cases of gender-based cyberviolence;
Amendment 132 #
2020/2035(INL)
Motion for a resolution
Recital F
Recital F
F. whereas women can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discrimination can exacerbate the consequences of gender- based cyberviolence; whereas women belonging to ethnic minorities, racialized women, LBTIQ women, girls or women with disabilities are bigger targets to online attacks;
Amendment 138 #
2020/2035(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the Europol Cybercrime Center, Eurojust and ENISA have conducted research onthe cyber crime online’;
Amendment 161 #
2020/2035(INL)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas prevention, especially through education, including digital literacy and skills, must be a key element of any public policy aimed at tackling gender-based cyberviolence;
Amendment 174 #
2020/2035(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes in that sense the digital services act, aiming at creating a safer digital space where the rights of users are protected;
Amendment 200 #
2020/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the transnational nature of gender-based cyberviolenceall human rights violations, including gender-based violence; stresses that gender-based cyberviolence has additional transnational implications, with perpetrators using online platforms or mobile phones connected to or hosted by other European countries than where the victim of harassment is located, considering the cross-border dimension of the use of ICT thus the borderless nature of cybercrime;
Amendment 226 #
2020/2035(INL)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls additionally for awareness- raising programs and training to improve protection and support of victims of cyber violence;
Amendment 227 #
2020/2035(INL)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Invites the Member States to develop a harmonised and regularly updated directory of support services, helplines and reporting mechanisms available in individual cases of cyberviolence against women, these could be available on a singular platform, which could also contain information on the support available for other forms of violence against women, and be user- friendly and accessible;
Amendment 233 #
2020/2035(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission and the Member States to establish a reliable system for regularly collecting statistical disaggregated and comparable data on gender-based violence, including cyberviolence; as the current lack of comparable data on instances of cyber violence makes it difficult to set clear and measurable targets to tackle these crimes, as well as potentially limiting the action law enforcement take in response to this form of violence; awaiting for the ongoing FRA related survey, and noting that one of the biggest problems is the under reporting of those crimes;
Amendment 251 #
2020/2035(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that gender-based cyberviolence generates psychological, social and economic consequences; notes that gender-based cyberviolence affects women in different ways as a consequence of overlapping forms of discrimination based, on top of their gender, on their sexual orientation, age, race, religion or disability, among other, and recalls that an intersectional approach is crucial to understanding these specific forms of discrimination;
Amendment 275 #
2020/2035(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Condemns all types of incidents of hate crime, hate speech and accusations devoid of foundation or formulated in bad faith, both offline and online, motivated by discrimination based on any grounds, 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; expresses concern over the hate crimes and crimes relating to incitement to discrimination or violence which occurred during the COVID- 19pandemic, leading to the stigmatisation of some particularly vulnerable individuals;
Amendment 290 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission and Member States to ensure a proper application of the Directive on Combating Sexual Abuse of Children in order to raise awareness and reduce the risk of children becoming victims of onlinesexual abuse or exploitation;
Amendment 293 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Welcomes the announcement of the Commission, in its recent strategy for the victims’ rights, to launch an EU network on the prevention of gender- based violence and domestic violence and to take actions to protect the safety of victims of gender-based cybercrime by facilitating the development of a framework for cooperation between internet platforms and other stakeholders;
Amendment 294 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Takes note of the call, by the advisory committee on equal opportunities between women and men of the European Commission, for legislation at European level on combatting online violence against women;
Amendment 295 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Stresses the importance of the Code of practice for online platforms and leading social networks and its possible implication and/or role to play within the context of cyberviolence, notes in that context the importance of the accountability and the transparence of ICT intermediaries;
Amendment 307 #
2020/2035(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on Member States to improve the training for practitioners and other professionals, including in social services and law enforcement agencies, in cooperation with civil society organisations, to increase the resources to support victims of gender-based cyberviolence and to establish a clear protocol to aid victims of gender-based cyberviolence, and to avoid the irre- victimization;
Amendment 359 #
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, identity theft, hacking);
Amendment 370 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 11 a (new)
Annex I – Recommendation 2 – paragraph 4 – indent 11 a (new)
Amendment 371 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 11 b (new)
Annex I – Recommendation 2 – paragraph 4 – indent 11 b (new)
- Cyberviolence against women is an act of gender-based violence perpetrated directly or indirectly through information and communication technologies that results in, or is likely to result in, physical, sexual, psychological or economic harm or suffering to women and girls, including threats of such acts, whether occurring in public or private life, or hindrances to the use of their fundamental rights and freedoms.
Amendment 387 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 4
Annex I – Recommendation 3 – paragraph 1 – indent 4
- development of cooperation among Member States for the purposes of exchanging information, expertise and best practices, in particular through the European Crime Prevention Network (EUPCN) coordinating together with the Europol European Cybercrime Center, as well as with other related agencies such as Eurojust;
Amendment 392 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 a (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 a (new)
- promote cooperation between Member States, Internet intermediaries and NGOs working on the issue – such as peer learning events and public conferences;
Amendment 393 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 b (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 b (new)
- Take into account the Code of practice for online platforms and its possible implication and/or role to play within the context of cyberviolence;
Amendment 400 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1
Annex I – Recommendation 4 – paragraph 1 – indent 1
- promote specific training for practitioners and professionals dealing with victims of gender-based cyberviolence, including law enforcement authorities, social, child and healthcare staff, and members of the judiciary; Union-wide training programmes could be implemented in the framework of the Justice and the Citizens, Equality, Rights and Values programmes and together with CEPOL and the EU Judicial Training Network; in particular, emphasis should be given to secondary victimisation and how to avoid it, to the dual dimension of gender-based violence (online/offline) and to intersectional discrimination;
Amendment 417 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 a (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 a (new)
- promote cooperation between Member States, Internetintermediaries and NGOs working on the issue;
Amendment 419 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 b (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 b (new)
- develop a directory of support services, including helplines and reporting mechanisms available in individual cases of cyberviolence;
Amendment 423 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – introductory part
Annex I – Recommendation 5 – paragraph 1 – introductory part
Based on the definition referred to in Recommendation 1, the criminalisation of gender-based cyberviolence should take into account the following criteria: (Criminalising gender-based cyber violence could have a deterrent effect on perpetrators due to the fear of the sanctions or the awareness that they are committing a crime).
Amendment 435 #
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’s experiences. Those could be followed by comprehensive studies;
Amendment 437 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 6 – paragraph 1 a (new)
Annex I – Recommendation 6 – paragraph 1 a (new)
Additional recommendations could include: - the production of statistics on the prevalence and forms of cyberviolence, fostering at the same time the uniformity and comparability of data gathered by Member States, - an EU wide data collection programme, - gathering data on a regular basis for knowledge to keep up with the constant evolution in tools and technologies that can be used to perpetrate cyber-violence; - tasking agencies such as EIGE, FRA, EUROPOL, EUROJUST to collect data and information on this problem to help inform the policymaking of institutions;
Amendment 28 #
2020/0361(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Up till now, politics has relied on voluntary cooperation with a view to address these risks and challenges. Since this has proved insufficient and there has been a lack of harmonised rules at Union level, Member States arehave been increasingly introducing, or are considering introducing, national laws on the matters covered by this Regulation, imposing, in particular, diligence requirements for providers of intermediary services. Those diverging national laws negatively affect the internal market, which, pursuant to Article 26 of the Treaty, comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured, taking into account the inherently cross- border nature of the internet, which is generally used to provide those services. The conditions for the provision of intermediary services across the internal market should be harmonised, so as to provide businesses with access to new markets and opportunities to exploit the benefits of the internal market, while allowing consumers and other recipients of the services to have increased choice.
Amendment 30 #
2020/0361(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Responsible and diligent behaviour by providers of intermediary services is essential for a safe, predictable and trusted online environment and for allowing Union citizens and other persons to exercise their fundamental rights guaranteed in the Charter of Fundamental Rights of the European Union (‘Charter’), in particular the freedom of expression and information and the freedom to conduct a business, and the right to non-discrimination. the gender equality principle and non- discrimination. In order to exercise these rights, the online world needs to be a safe space, especially for women and girls, where everybody can move freely. Therefore, measures to protect from, and prevent, phenomena such as online violence, cyberstalking, harassment, hate speech and exploitation of women and girls are essential.
Amendment 34 #
2020/0361(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should apply to providers of certain information society services as defined in Directive (EU) 2015/1535 of the European Parliament and of the Council26 , that is, any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient. Specifically, this Regulation should apply to providers of intermediary services, and in particular intermediary services consisting of services known as ‘mere conduit’, ‘caching’ and ‘hosting’ services, given that the exponential growth of the use made of those services, mainly for legitimate and socially beneficial purposes of all kinds, has also increased their role in the intermediation and spread of unlawful or otherwise harmful information and activities. Given that online platforms are part of our everyday-life and have become indispensable, even more so since the pandemic, the spread of illegal and harmful content, such as child sexual abuse material, online sexual harassment, unlawful non-consensual sharing of private images and videos, cyber violence, has risen dramatically as well. Ensuring a safe space online implies targeted actions against all phenomena harmfully affecting our social life, including through an awaited proposal on how to deal with harmful but not illegal content online. _________________ 26Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
Amendment 35 #
2020/0361(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/..2021/784 of the European Parliament and of the Council29 – proposed Terand the recently adopted Regulation of the European Parliament and of the Council on a temporary derogation from certain prorvist Content Online Regulationions of Directive 2002/58/EC of the European Parliament and of the Council as regards the use of technologies by number- independent interpersonal communications service providers for the processing of personal and other data for the purpose of combatting child sexual abuse online. Therefore, this Regulation leaves those other acts, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level. _________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/..2021/784 of the European Parliament and of the Council – proposed Tof 29 April 2021 on addressing the dissemination of terrorist Ccontent Oonline Regulation(OJ L 172, 17.5.2021, p. 79).
Amendment 37 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly anin order to underpin the general idea that what is illegal offline should also be illegal online. The concept should also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech, child sexual abuse material or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as trafficking in human beings, sexual exploitation of women and girls, the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images and videos, online stalking, grooming adolescents, online sexual harassment and other forms of gender based violence, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 47 #
2020/0361(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Being aware that the intermediary services have already applied a risk assessment, there is still potential for improvement for the security and safety of all users, especially children, women, and other vulnerable groups. Therefore providers of intermediary services, more precisely online platforms and very large online platforms, shall regularly evaluate their risk assessment and, if found necessary, improve it. Given the importance of providers of intermediary services and their potential to impact social life, common rules determining how users shall behave online, should be applied.The implementation of a code of conduct should be obligatory for every provider of intermediary services covered by this Regulation.
Amendment 48 #
2020/0361(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Orders to act against illegal content or to provide information should be issued in compliance with Union law, in particular Regulation (EU) 2016/679, the recently adopted Regulation of the European Parliament and of the Council on a temporary derogation from certain provisions of Directive 2002/58/EC of the European Parliament and of the Council as regards the use of technologies by number-independent interpersonal communications service providers for the processing of personal and other data for the purpose of combatting child sexual abuse online and the prohibition of general obligations to monitor information or to actively seek facts or circumstances indicating illegal activity laid down in this Regulation. Member States should ensure that the competent authorities fulfil their tasks in an objective, independent and non-discriminatory manner. The conditions and requirements laid down in this Regulation which apply to orders to act against illegal content are without prejudice to other Union acts providing for similar systems for acting against specific types of illegal content, such as Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content2021/784 addressing the dissemination of terrorist content online, the recently adopted Regulation of the European Parliament and of the Council on a temporary derogation from certain provisions of Directive 2002/58/EC of the European Parliament and of the Council as regards the use of technologies by number-independent interpersonal communications service providers for the processing of personal and other data for the purpose of combatting child sexual abuse online], or Regulation (EU) 2017/2394 that confers specific powers to order the provision of information on Member State consumer law enforcement authorities, whilst the conditions and requirements that apply to orders to provide information are without prejudice to other Union acts providing for similar relevant rules for specific sectors. Those conditions and requirements should be without prejudice to retention and preservation rules under applicable national law, in conformity with Union law and confidentiality requests by law enforcement authorities related to the non- disclosure of information.
Amendment 52 #
2020/0361(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to achieve the objectives of this Regulation, and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment, it is necessary to establish a clear and balanced set of harmonised due diligence obligations for providers of intermediary services. Those obligations should aim in particular to guarantee different public policy objectives such as the safety and trust of the recipients of the service, including minors and, women and girls, as well as vulnerable users, protect the relevant fundamental rights enshrined in the Charter, to ensure meaningful accountability of those providers and to empower recipients and other affected parties, whilst facilitating the necessary oversight by competent authorities.
Amendment 53 #
2020/0361(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions. Providers offering their services in more than one Member State should provide a breakdown of the information by Member State. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in Commission Recommendation 2003/361/EC.40Aligned with the annual reports broken down by actions of content moderation and Member State, the results of all forms of violence against women and girls online, hate speech and of other illegal content should reappear in the crime statistics. All forms of violence against women and girls shall be reported as an own category in those criminal statistics and law enforcement entities shall list them separately. _________________ 40 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 57 #
2020/0361(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The rules on such notice and action mechanisms should be harmonised at Union level, so as to provide for the timely, diligent and objective processing of notices on the basis of rules that are uniform, transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties, in particular their fundamental rights guaranteed by the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue. The fundamental rights include, as the case may be, the right to freedom of expression and information, the right to respect for private and family life, the right to protection of personal data, the gender equality principle and the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business, including the freedom of contract, of service providers; as well as the right to human dignity, the rights of the child, the right to protection of property, including intellectual property, and the right to non- discrimination of parties affected by illegal content.
Amendment 63 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising reproducing stereotypical content with an impact on the equal treatment and opportunities of citizens against the gender equality principle. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision-making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 66 #
2020/0361(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material, unlawful non-consensual sharing of private images and videos, online stalking or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the gender equality principle with the right to non-discrimination and the rights of the child. The social dimension, as online platforms play a major role in our everyday-life, is also affected by phenomena as online harassment and cyber violence. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform, including when algorithms are misinformed causing widening of gender gaps, or the misuse of their service through the submission of abusive notices or other methods for silencing speech, causing harm, such as long term mental health damage, psychological damage and societal damage, or hampering competition. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
Amendment 77 #
2020/0361(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Consequently, very large online platforms should be obliged to regularly review their algorithms to minimise such negative consequences and should ensure that recipients are appropriately informed, and can influence the information presented to them. They should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. They should also ensure that the recipients enjoyhave alternative options for the main parameters, including options that are not based on profiling of the recipienta visible, user-friendly and readily available option to turn off algorithmic selection with the recommender system entirely and options that are not based on profiling of the recipient. The gender- based algorithm bias must be prevented to avoid discriminatory impact on women and girls.
Amendment 84 #
2020/0361(COD)
Proposal for a regulation
Recital 91
Recital 91
(91) The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an assessment of matters submitted to it in a fully European dimension. In view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at Union level, the Board should be allowed to cooperate with other Union bodies, offices, agencies and advisory groups with responsibilities in fields such as gender equality, including equality between women and men, and non- discrimination and non- discrimination, eradicating all forms of violence against women and girls, including online violence, harassment and sexual exploitation, online stalking, child abuse, data protection, electronic communications, audiovisual services, detection and investigation of frauds against the EU budget as regards custom duties, or consumer protection, as necessary for the performance of its tasks.
Amendment 89 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) set out uniform rules for a safe, predictable and trusted online environment, where fundamental rights enshrined in the Charter, including equality, are effectively protected.
Amendment 90 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point d
Article 1 – paragraph 5 – point d
(d) Regulation (EU) …/…. on prevent2021/784 on addressing the dissemination of terrorist content online [TCO once adopted];
Amendment 91 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point d a (new)
Article 1 – paragraph 5 – point d a (new)
(d a) Regulation of the European Parliament and of the European Council on a temporary derogation from certain provisions of Directive 2002/58/EC of the European Parliament and of the Council as regards the use of technologies by number-independent interpersonal communications service providers for the processing of personal and other data for the purpose of combatting child sexual abuse online
Amendment 98 #
Amendment 101 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, non-discriminatory and transparent, objective and proportionate manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter.
Amendment 103 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. Providers of intermediary services shall be obliged to include on their platforms a code of conduct, setting out behavioral rules for their users. These rules shall be publicly accessible in an easy format and shall be set out in clear and unambiguous language.
Amendment 107 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish, at least once a year, clear, easily comprehensible and detailed reports on any content moderation they engaged in during the relevant period. Those reports shall include breakdowns at Member States level and, in particular, information on the following, as applicable:
Amendment 126 #
2020/0361(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) For years, politics has relied on voluntary cooperation with a view to address these risks and challenges. Since this has proved insufficient and there has been a lack of harmonised rules at Union level, Member States arehave been increasingly introducing, or are considering introducing, national laws on the matters covered by this Regulation, imposing, in particular, diligence requirements for providers of intermediary services. Those diverging national laws negatively affect the internal market, which, pursuant to Article 26 of the Treaty, comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured, taking into account the inherently cross- border nature of the internet, which is generally used to provide those services. The conditions for the provision of intermediary services across the internal market should be harmonised, so as to provide businesses with access to new markets and opportunities to exploit the benefits of the internal market, while allowing consumers and other recipients of the services to have increased choice. Moreover, a fragmentation of rules can have negative consequences for the freedom of expression.
Amendment 132 #
2020/0361(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Responsible and diligent behaviour by providers of intermediary services is essential for a safe, predictable and trusted online environment and for allowing Union citizens and other persusers and consumers within the Unions to exercise their fundamental rights guaranteed in the Charter of Fundamental Rights of the European Union (‘Charter’), in particular the freedom of expression and information and the freedom to conduct a business, the rights to privacy and data protection, and the right to non-discrimination.
Amendment 134 #
2020/0361(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States canshould be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, the mere technical accessibility of a website, of an email address or of other contact details from the Union, cannot, on that ground alone, be considered as establishing a substantial connection to the Union. _________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1)sufficient to constitute a substantial connection to the Union.
Amendment 135 #
2020/0361(COD)
(c) intentional manipulation of their service, including by means of inauthentic use or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, gender equality, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
Amendment 136 #
2020/0361(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/..2021/784 of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level. _________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
Amendment 138 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content or the content that risks an increase in online violence and of information that is incompatible with their terms and conditions.
Amendment 142 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech, child sexual abuse material or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non- compliant or counterfeit products, the non- authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 148 #
2020/0361(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. The mere possibility to create groups of users of a given service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finite number of pre- determined personAccordingly, that information should be considered to be disseminated to the public only where users seeking to access the information are automatically registered or admitted without a human decision or selection of whom to grant access. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, should fall outside the scope of this Regulation. Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. _________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
Amendment 148 #
2020/0361(COD)
(b) targeted measures aimed at limiting the display of advertisements or harmful content in association with the service they provide;
Amendment 161 #
2020/0361(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to create legal certainty and not to discourage activities aimed at detecting, identifying and acting against, removing and reporting illegal content that providers of intermediary services may undertake on a voluntary basis, including the deployment of automated tools to detect manifestly illegal content, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union or national law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability. Therefore, any such activities and measures that a given provider may have taken should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.
Amendment 165 #
2020/0361(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services, cloud infrastructure providers and web-based e-mail services, where the communication is delivered via an internet access service. Those services, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service.
Amendment 166 #
2020/0361(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation in relation to illegal content. However, notice-and-action mechanisms should be complemented by requirements for providers to take proactivespecific measures to relation to illegal contenthat are proportionate to their scale of reach as well as their technical and operational capacities in order to effectively address the appearance of illegal content on their services.
Amendment 170 #
2020/0361(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Depending on the legal system of each Member State and the field of law at issue, national judicial, law enforcement or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. The national laws on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations. In order to ensure that those orders can be complied with in an effective and efficient manner, so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens, without unduly affecting the rights and legitimate interests of any third parties, it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to the processing of those orders.
Amendment 172 #
2020/0361(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Orders to act against illegal content or to provide information should be issued by designated national competent authorities in compliance with Union law, in particular Regulation (EU) 2016/679 and the prohibition of general obligations to monitor information or to actively seek facts or circumstances indicating illegal activity laid down in this Regulation. Member States should ensure that the competent authorities fulfil their tasks in an objective, independent and non- discriminatory manner and do not seek or take instructions from any other body in relation to the exercise of the tasks under this Regulation. The conditions and requirements laid down in this Regulation which apply to orders to act against illegal content are without prejudice to other Union acts providing for similar systems for acting against specific types of illegal content, such as Regulation (EU) …/…. [proposed Regulati2021/784 on addressing the dissemination of terrorist content online], or Regulation (EU) 2017/2394 that confers specific powers to order the provision of information on Member State consumer law enforcement authorities, whilst the conditions and requirements that apply to orders to provide information are without prejudice to other Union acts providing for similar relevant rules for specific sectors. Those conditions and requirements should be without prejudice to retention and preservation rules under applicable national law, in conformity with Union law and confidentiality requests by law enforcement authorities related to the non- disclosure of information.
Amendment 173 #
2020/0361(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30 a) In line with the judgment of the Court of Justice of 3 October 2019 in case C-18/18 and where technologically feasible, providers of intermediary services may be required, on the basis of sufficiently substantiated orders by designated competent authorities and taking full account of the specific context of the content, to execute periodic searches for distinct pieces of content that a court has already declared unlawful, provided that the monitoring of and search for the information concerned by such an injunction are limited to information conveying a message whose content remains essentially unchanged compared with the content which gave rise to the finding of illegality and containing the elements specified in the injunction, which, are identical or equivalent to the extent that would not require the host provider to carry out an independent assessment of that content.
Amendment 174 #
2020/0361(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable Union or national law enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. In that regard, the national judicial, law enforcement or administrative authority issuing the order should balance the objective that the order seeks to achieve, in accordance with the legal basis enabling its issuance, with the rights and legitimate interests of all third parties that may be affected by the order, in particular their fundamental rights under the Charter. In addition, where the order referring to the specific information may have effects beyond the territory of the Member State of the authority concerned, the authority should assess whether the information at issue is likely to constitute illegal content in other Member States concerned and, where relevant, take account of the relevant rules of Union law or international law and the interests of international comity. Providers of intermediary services should not be legally required to remove content which is legal in their country of establishment. However, in accordance with Union law, it should be possible for a competent authority to request a provider established or legally represented in another Member State to block access to specific content from the Union territory. This is without prejudice to the right for providers to check specific content subject to an order against their terms and conditions and subsequently remove it despite it being legal in their country of establishment.
Amendment 180 #
2020/0361(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Providers of intermediary services that are established in a third country that offer services in the Union should designate a sufficiently mandated legal representative in the Union and provide information relating to their legal representatives,empowered to act on their behalf so as to allow for the compliance, effective oversight and, where necessary, enforcement of this Regulation in relation to. It should be possible for intermediary services to designate, for those providers. It should be possibleurposes of this Regulation, a legal representative already designated for other purposes, provided that that legal representative to alsois able to fulfil the function as point of contact, provided the relevanrovided for in this Regulation. Providers of intermediary services that arequirements of this Regulation are complied with. part of a group should be allowed to collectively designate one legal representative.
Amendment 181 #
2020/0361(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions. Providers offering their services in more than one Member State should provide a breakdown of the information by Member State. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in Commission Recommendation 2003/361/EC.40 _________________ 40 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 184 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considerassesses to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider, based on its own assessment, can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
Amendment 191 #
2020/0361(COD)
(42) Where a hosting service provider decides to remove or disable access to information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated meantools, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 202 #
2020/0361(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 or in Directive 2017/571 of the European Parliament and the Council. In such instances, the online platform should inform without delay the competent law enforcement authorities or Europol in cases where the competent law enforcement authority cannot easily be identified, of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. _________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 218 #
2020/0361(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fthe fundamental Rrights, including the to freedom of expression and information, the right to private life, the right to non- discrimination and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on healthpublic health, education, civic discourse, electoral processes, public safety and security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
Amendment 222 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary and proportionate means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision- making processes, or adapting their terms and conditions. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as labelling of content shared by bots or removing fake accounts, improving the visibility of authoritative information sources and offering corrections whenever possible. Very large online platforms mayare asked to reinforce their internal processes or supervision of any of their activities, in particular as regards the detection and resolution of systemic risks. They may alsare asked to initiate or increase cooperation with trusted flaggers and independent fact-checkers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potentialwith a view to limiting the negative effects on the fundamental rights of all parties involved, notably the recipients of the service.
Amendment 231 #
2020/0361(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) The audit report should be substantiated, so as to give a meaningful account of the activities undertaken and the conclusions reached. It should help inform, and where appropriate suggest improvements to the measures taken by the very large online platform to comply with their obligations under this Regulation. The report should be transmitted to the Digital Services Coordinator of establishment and the Board without delay, together with the risk assessment and the mitigation measures, as well as the platform’s plans for addressing the audit’s recommendations. The report should include an audit opinion based on the conclusions drawn from the audit evidence obtained. Where applicable, the report should include a description of specific elements that could not be audited, and an explanation of why these could not be audited. A positive opinion should be given where all evidence shows that the very large online platform complies with the obligations laid down by this Regulation or, where applicable, any commitments it has undertaken pursuant to a code of conduct or crisis protocol, in particular by identifying, evaluating and mitigating the systemic risks posed by its system and services. A positive opinion should be accompanied by comments where the auditor wishes to include remarks that do not have a substantial effect on the outcome of the audit. A negative opinion should be given where the auditor considers that the very large online platform does not comply with this Regulation or the commitments undertaken. Where the audit opinion could not reach a conclusion for specific elements within the scope of the audit, a statement of reasons for the failure to reach such a conclusive opinion should be added.
Amendment 233 #
2020/0361(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Consequently, very large online platforms should ensure that recipients are appropriately informed, and can influence the information presented to them. They should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. They should also ensure that the recipients enjoyhave alternative options for the main parameters, including a visible, user-friendly and readily available option to turn off algorithmic selection within the recommender system entirely and options that are not based on profiling of the recipient.
Amendment 240 #
2020/0361(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment, the Digital Services Coordinators of destination or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researcherscientific researchers meeting specific requirements, for the sole purpose of conducting research that contributes to the identification, understanding and mitigation of systemic risks. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate public and private interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service. The vetted researchers should be required to make the results of their research publicly available, taking into account the rights and interests of the recipients of the service concerned, notably under Regulation (EU) 2016/679.
Amendment 242 #
2020/0361(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers. All requirements for access to data under that framework should be proportionate, reported per individual Member State and appropriately protect the rights and legitimate public and private interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
Amendment 257 #
2020/0361(COD)
Proposal for a regulation
Recital 84
Recital 84
(84) The Digital Services Coordinator should regularly publish a report on the activities carried out under this Regulation. Given that the Digital Services Coordinator is also made aware of orders to take action against illegal content or to provide information regulated by this Regulation through the common information sharing system, the Digital Services Coordinator should include in its annual report the number and categories of these orders addressed to providers of intermediary services issued by judicial, law enforcement and administrative authorities in its Member State.
Amendment 272 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) rules on the implementation and enforcement of the requirements set out in this Regulation, including as regards the cooperation of and coordination between the competent authorities.
Amendment 318 #
2020/0361(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry outapply voluntary measures on their own- initiative investigations oror carry out other activities aimed at detecting, identifying, reporting and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements ofset out in national or Union law, including those set out in this Regulation.
Amendment 331 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order to act against a specific item of illegal content, issued by the relevaa competent national judicial or administrative authoritiesy, on the basis of the applicable Union or national law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.
Amendment 337 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 1
Article 8 – paragraph 2 – point a – indent 1
— a sufficient statement of clear reasons explaining why the information is illegal content, by reference to the specific provision of Union or national law infringed;
Amendment 338 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 3
Article 8 – paragraph 2 – point a – indent 3
— user-friendly information about redress available to the provider of the service and to the recipient of the service who provided the content, including information about redress to the competent authority, recourse to a court, as well as the deadlines for appeal;
Amendment 342 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 3 a (new)
Article 8 – paragraph 2 – point a – indent 3 a (new)
- identification details of the competent authority issuing the order and authentication of the order by that competent authority;
Amendment 344 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 3 b (new)
Article 8 – paragraph 2 – point a – indent 3 b (new)
- a reference to the legal basis for the removal order;
Amendment 345 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 3 c (new)
Article 8 – paragraph 2 – point a – indent 3 c (new)
Amendment 346 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 3 d (new)
Article 8 – paragraph 2 – point a – indent 3 d (new)
- where necessary and proportionate, the decision not to disclose information about the removal of or disabling of access to the content for reasons of public security, such as the prevention, investigation, detection and prosecution of serious crime, for as long as necessary, but not exceeding six weeks from that decision
Amendment 355 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Digital Services Coordinator from the Member State of the judicial or administrativecompetent authority issuing the order shall, without undue delay, transmit a copy of the orders referred to in paragraph 1 to all other Digital Services Coordinators through the system established in accordance with Article 67.
Amendment 366 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 1
Article 9 – paragraph 2 – point a – indent 1
— a sufficient statement of clear reasons explaining the objective for which the information is required and why the requirement to provide the information is necessary and proportionate to determine compliance by the recipients of the intermediary services with applicable Union or national rules, unless such a statement cannot be provided for reasons related to public security, such as the prevention, investigation, detection and prosecution of criminal offences;
Amendment 370 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 2
Article 9 – paragraph 2 – point a – indent 2
— user-friendly information about redress available to the provider and to the recipients of the service concerned, including information about redress to the competent authority, recourse to a court, as well as the deadlines for appeal;
Amendment 373 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 2 a (new)
Article 9 – paragraph 2 – point a – indent 2 a (new)
- identification details of the competent authority issuing the order and authentication of the order by that competent authority;
Amendment 374 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 2 b (new)
Article 9 – paragraph 2 – point a – indent 2 b (new)
- a reference to the legal basis for the removal order;
Amendment 375 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 2 c (new)
Article 9 – paragraph 2 – point a – indent 2 c (new)
- the date, time stamp and electronic signature of the competent authority issuing the removal order;
Amendment 403 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, objective and proportionatenon-discriminatory and transparent manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter.
Amendment 417 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish, at least once a year, clear, easily comprehensible and detailed reports on any content moderation they engaged in during the relevant period. Those reports shall include breakdowns at Member state level and, in particular, information on the following, as applicable:
Amendment 419 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(a a) the complete number of content moderators allocated for individual official languages per Member State and a qualitative description of how automated tools for content moderation are used for content moderation in each official language
Amendment 424 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 (new)
Article 13 – paragraph 1 – subparagraph 1 (new)
Providers of intermediary services shall provide an accessible database of removed harmful content. This database shall be user-friendly and it shall include the reasons why the content was removed.
Amendment 468 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. Providers of hosting may choose to make use of ex ante control measures based on automated tools for content moderation, notably to prevent the upload of specific content which has been declared illegal by a court. Where providers of hosting services otherwise use automated tools for content moderation, they shall ensure that qualified staff decide on any action to be taken and that legal content which does not infringe the terms and conditions set out by the providers is not affected. The provider shall ensure that the staff is provided with adequate training on the applicable legislation and, where necessary, with access to professional support, qualified psychological assistance and qualified legal advice.
Amendment 469 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1 b. Providers of hosting services shall act in a transparent, coherent, predictable, non-discriminatory, diligent and proportionate manner when moderating content, with due regard to the rights and legitimate interests of all parties involved, including the fundamental rights of the recipients of the service as enshrined in the Charter.
Amendment 473 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c
Article 15 – paragraph 2 – point c
(c) where applicable, information on the use made of automated means used in taking the decision, including where the decision was taken in respect of content detected or identified using automated means;
Amendment 478 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. The obligations pursuant to this Article shall not apply where the provider can demonstrate that the recipient of the service has repeatedly provided illegal content or where the removal is based on an order in accordance with Article 8 and the competent authority that issued the order decides that it is necessary and proportionate that there be no disclosure for reasons of public security, such as the prevention, investigation, detection and prosecution of terrorist offences, for as long as necessary, but not exceeding six weeks from that decision. In such a case, the hosting service provider shall not disclose any information on the removal or disabling of access to terrorist content. That competent authority may extend that period by a further six weeks, where such non-disclosure continues to be justified.
Amendment 568 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
(a) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted in the past year; broken down per Member State;
Amendment 571 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point b
Article 20 – paragraph 3 – point b
(b) the relative proportion thereofof manifestly unfounded notices or complaints in relation to the total number of items of information provided or notices submitted in the past year broken down per Member State;
Amendment 573 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Online platforms shall set out, in a clear and detailed manner,user-friendly language their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions, including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension.
Amendment 619 #
2020/0361(COD)
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter,on an ongoing basis, the probability anyd significeverity of anty systemic risks stemming from the design, functioning and use made of their services in the Union including disproportionate systemic risks at the level of Member State. This risk assessment shall be specific to their services and shall include the following systemic risks:
Amendment 629 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) intentional or coordinated manipulation of their service, including by means of inauthentic use or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, education, minors, civic discourse, risk of deception or manipulation of users and consumers or actual or foreseeable effects related to electoral processes and public safety and security.
Amendment 635 #
2020/0361(COD)
Proposal for a regulation
Article 27 – title
Article 27 – title
27 Mitigation ofSpecific measures to mitigate risks
Amendment 637 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. VWithout prejudice to the due diligence requirements set out in Chapter III of this Regulation, very large online platforms shall put in place reasonablappropriate, proportionate and effective mitigation measures, tailored to the specific systemic risks identified pursuant to Article 26. Such measures may include, whereas applicable:
Amendment 644 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) adapting content moderation or recommender systems and online interfaces, their decision- making processes, the features or functioning of their services, or their terms and conditions;
Amendment 645 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) adapting content moderation or recommender systems and online interfaces, their decision- making processes, the features or functioning of their services, or their terms and conditions;
Amendment 648 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) targeted measures aimed at discontinuing or at least limiting the display of advertisements in association with the service they providefor specific content;
Amendment 652 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) reinforcing the internal processes or supervision of any of their activities in particular as regards detection and resolution of systemic risk;
Amendment 657 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
(e) initiating or adjusting cooperation with other online platforms through the codes of conduct and the crisis protocols referred to in Article 35 and 37 respectively as well as other relevant self- regulatory measures.
Amendment 667 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) identification and assessment of the most prominent and recurrenteach of the systemic risks reported by very large online platforms or identified through other information sources, in particular those provided in compliance with Article 31 and 33;
Amendment 673 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The Commission, in cooperation with the Digital Services Coordinators, mayshall issue general guidelines on the application of paragraph 1 in relation to specific systemic risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. When preparing those guidelines the Commission shall organise public consultations.
Amendment 680 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. Very large online platforms shall be subject, at their own expense and at least once a year, to independent audits to assess compliance with the following:
Amendment 683 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) the obligations set out in Chapter III; in particular the quality of the identification, analysis and assessment of the risks referred to in Article 26, and the necessity, proportionality and effectiveness of the risk mitigation measures referred to in Article 27
Amendment 700 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point f a (new)
Article 28 – paragraph 3 – point f a (new)
(f a) where the audit opinion could not reach a conclusion for specific elements within the scope of the audit, a statement of reasons for the failure to reach such a conclusive opinion.
Amendment 703 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point f b (new)
Article 28 – paragraph 3 – point f b (new)
(f b) a description of specific elements that could not be audited, and an explanation of why these could not be audited.
Amendment 711 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used in their recommender systems, as well as annd they shall provide clear and user-friendly options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.”
Amendment 718 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where several options are available pursuant to paragraph 1, very large online platforms shall provide an easily accessible and user-friendly functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them including the option not to apply any recommender systems and to have the content shown in chronological order.
Amendment 740 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Upon a reasoned request from the Digital Services Coordinator of establishment or the Commission, very large online platforms shall, within a reasonable period, as specified in the request, provide access to data to vetted researchers who meet the requirements in paragraphs 4 of this Article, for the sole purpose of conducting research that contributes to the identification and, understanding and mitigation, of systemic risks as set out in Articles 26(1). and 27
Amendment 747 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. In order to be vetted, scientific researchers shall be affiliated with academic institutions, be independent from commercial interests, have proven records of expertise in the fields related to the risks investigated or related research methodologies, and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.
Amendment 751 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 6 – introductory part
Article 31 – paragraph 6 – introductory part
6. Within 15 days following receipt of a request as referred to in paragraph 1 and 2, a very large online platform may request the Digital Services Coordinator of establishment or the Commission, as applicable, to amend the request, where it considers that it is unable to give access to the data requested because one of following twohree reasons:
Amendment 755 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 6 – point b a (new)
Article 31 – paragraph 6 – point b a (new)
(b a) insofar as personal data is concerned, giving access to the data would violate applicable Union or national data protection law.
Amendment 757 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 7 a (new)
Article 31 – paragraph 7 a (new)
7 a. Upon completion of the research envisaged in Article 31(2), the vetted researchers shall make their research publicly available, taking into account the rights and interests of the recipients of the service concerned in compliance with Regulation (EU) 2019/679.
Amendment 779 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 158 #
2020/0349(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) One of Europol’s objectives is to support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combatting forms of crime which affect a common interest covered by a Union policy. To strengthen that support, Europol should be able to request the competent authorities of a Member State to initiate, conduct or coordinate a criminal investigation of a crime, which affects a common interest covered by a Union policy, even where the crime concerned is not of a cross-border nature. The relevant Member State authorities shall respond to such a request without delay. Any failure to act on the part of the Member State authorities which is not explained to Europol within five working days shall empower Europol to begin its own investigation. Europol should inform Eurojust of such requests.
Amendment 265 #
2020/0279(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In light of the recent rapidly changing migratory situations, which have led to complex migratory challenges and considerable migratory pressure on individual Member States along the external border of the Union, there is a need to introduce a new mechanism when a Member State is at risk of migratory pressure. Such mechanism should include a rapid and comprehensive response by the Commission and the Union's bodies, offices and agencies to provide the Member State concerned with operational, legal, diplomatic and financial support in order to reduce the risk of migratory pressure.
Amendment 267 #
2020/0279(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) To reduce the risk of migratory pressure, and in order to prevent and detect irregular migration, the Union and Member States should take actions for an effective management of the Union's external borders, based on the European integrated border management. In accordance with Article 3(2)(a) of Regulation 2021/1148, this should include the funding of infrastructure, buildings, systems and services required at border crossing points and for border surveillance between border crossing points.
Amendment 321 #
2020/0279(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics and recurring nature of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations irrespective of whe, this Regulation should especially take into account the vulnerability of persons arriving from such disembarkations. The mechanism to reduce the risk for migratory pressure should be applied also in this context, to prevent Member States from being overburdened by their there is a situlegal obligations of migratory pressure.n search and rescue operations
Amendment 807 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v
Article 2 – paragraph 1 – point g – point v
Amendment 843 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘absconding’ means the active or passive action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the Member State without authorisation from the competent authorities for reasons which are not beyond the applicant’s control;
Amendment 884 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘migratory pressure’ means a situation whereby there is a large number of arrivals of third- country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operations, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burden even on well-prepared asylum and reception systems and requires immediate action, including as a result of search and rescue operations, places a disproportionate burden even on well- prepared asylum and migration systems, which may cause the Member State concerned not being able to fulfil its legal obligations, in particular those laid down in this Regulation, Regulation (EU) xxx/xxx [Screening Regulation], Regulation (EU) xxx/xxx [Asylum Procedure Regulation], and the Directive xxx/xxx [Return Directive];
Amendment 887 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)
Article 2 – paragraph 1 – point w a (new)
(wa) 'risk of migratory pressure' means the risk of a disproportionate burden even on well-prepared asylum and migration system in a Member State, following the anticipation of arrivals of third country nationals, which risk placing the Member State under migratory pressure;
Amendment 939 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) effective management and prevention of irregular migration and secondary movement;
Amendment 1030 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures, grant such protection to those who are in need and ensure the return of those who are illegally staying; ensure that sufficient funding and qualified and well-trained staff is allocated in all circumstances; request support from Union bodies, offices and agencies for that purpose.
Amendment 1073 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) take all reasonable and proportionate measures to prevent and correct unauthorised and secondary movements between Member States.
Amendment 1144 #
2020/0279(COD)
Cooperation with third countries to facilitate return and readmissionon border and migration management
Amendment 1152 #
2020/0279(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where tThe Commission, on and the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third- country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall submit a report to the Council including, where appropriate, the identification of any measures which could be takenMember States shall promote mutually-beneficial partnerships and close cooperation with relevant third countries om border and migration management. The Commission and Member States shall also promote the integration of border and migration management in all relevant Union policies and the assessment of the full application of the visa policy and other measures designed to improve thmote cooperation of thatwith third country as regards readmission, taking into account the Union’s overall relations with the third country. _________________ 57Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas, OJ L 243, 15.9.2009, p. 1ies to facilitate the return and readmission of illegally staying third-country nationals.
Amendment 1909 #
2020/0279(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting or notifying Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting or notifying Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within six12 months of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). That time limit may be extended up to a maximum of one year18 months if the transfer cannot be carried out due to imprisonment of the person concerned.
Amendment 2347 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. A Member State proposing solidarity contributions set out in Article 51(3)(b)(ii), may request a deduction of 120% of its share calculated according to the distribution key set out in Article 54 where it indicates in the Solidarity Response Plans that over the preceding five10 years it has examined twice the Union average per capita of applications for international protection.
Amendment 2411 #
2020/0279(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Where a Member State commits to provide return sponsorship on the territory of the benefitting Member State and the illegally staying third-country nationals who are subject to a return decision issued by the benefitting Member State do not return or are not removed within 8 months, the Member State providing return sponsorship shall transfer the persons concerned onto its own territory in line with the procedure set out in Articles 57 and 58. This period shall start from the adoption of the implementing act referred to in Article 53(1) or, where applicable, in Article 49(2). The 8 months period referred to in subparagraph 1 shall be suspended if the illegally staying third-country national has absconded.
Amendment 2423 #
2020/0279(COD)
Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 1
Article 55 – paragraph 4 – subparagraph 1
These measures shall not affect the obligations and responsibilities of the benefitting Member State laid down in Directive 2008/115/EC, including to avoid the risk of absconding.
Amendment 2455 #
2020/0279(COD)
2. Before applying the procedure set out in this Article, the benefitting and contributing Member State shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or public order of that Member State. If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article and shall, where applicable, exclude the person from the list referred to in Article 49(2).
Amendment 157 #
2020/0278(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The rules governing border control of persons crossing the external borders of the Member States of the Union are laid down in Regulation (EU) 2016/399 of the European Parliament and of the Council (Schengen Borders Code)21 as adopted under Article 77(2)(b) of the Treaty on the Functioning of the European Union (TFEU). To further develop the Union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of Article 77 TFEU, additional measures should address situations where third-country nationals manage to avoidcircumvent border checks at the external borders, or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those three sets of situations. _________________ 21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 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 162 #
2020/0278(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) It is essential to ensure that in those three sets of situations, the third country nationals are screened, in order to facilitate a proper identification and to allow for them being referred efficientlyhe efficient referral to the relevant procedures which, depending on the circumstances, can be procedures for international protection or procedures respecting, refusal of entry in accordance with Regulation (EU) 2016/399 (the Schengen Border Code") and return procedures in accordance with Directive 2008/115/EC of the European Parliament and of the Council (the “Return Directive”)22 . The screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border. _________________ 22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.
Amendment 172 #
2020/0278(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Border control is not only in the interest not only of the Member States at whose external borders it is carried out but of all Member States which have abolished internal border control. Border control should help to combaprevent illegal migration and combat trafficking of human beings and to prevent any threat to the internal security of the Union, the Member States’ international security, public policy, public health and international relations. As such, measures taken at the external borders are important elements of a comprehensive approach to asylum and migration, allowingnd vital to address the challenge of mixed flows of migrants and ensuring access to the relevant procedure for persons seeking international protection.
Amendment 174 #
2020/0278(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) An effective border management is an integrated part in the European approach to asylum and migration, which builds on the principle of solidarity and fair sharing of responsibility.
Amendment 179 #
2020/0278(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) In order to prevent and detect unauthorised migration and third-country nationals circumventing the border checks at the external border, the Union and Member States should take actions for an effective management of the Union's external borders, based on the European integrated border management. In accordance with Article 3(2)(a) of Regulation 2021/1148, this should include the funding of infrastructure, buildings, systems and services required at border crossing points and for border surveillance between border crossing points.
Amendment 185 #
2020/0278(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Border guards are often confronted with third-country nationals who are requesting international protection without the necessary identification and/or travel documents, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, at some border sections the border guards are confronted with large numbers of arrivals at the same time. In such circumstances, it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedure.
Amendment 200 #
2020/0278(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) With regard to those persons who apply for international protection, the screening should be followed by anfacilitate the examination of the need for international protection. It should allow to collect and share with the authorities competent for that examination any information that is relevant for the latter to identify the appropriate procedure for the examination of the application, thus speeding up that examination. The screening should also ensure that persons with special needs are identified at an early stage, so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.
Amendment 212 #
2020/0278(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The screening should be conducted at or in proximity to the external border, before the persons concerned are authorised to enter the territory. The Member States should apply measures pursuant to national law to prevent the persons concerned from entering the territory during the screening and prevent secondary movement. In individual cases, where required, this may include detention, or alternatives to detention, subject to the national law regulating that matter.
Amendment 226 #
2020/0278(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) All persons subject to the screening should be submitted to checks in order to establish their identity and to ascertain that they do not pose a threat to internal securitor national security, public order or policy or public health. In the case of persons requesting international protection at border crossing points, the identity and security checks carried out in the context of border checks should be taken into account to avoid duplication.
Amendment 228 #
2020/0278(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) On completion of the screening, the third-country nationals concerned should be referred to the relevant procedure to establish responsibility for examining an application for and to assess the need for international protection, or be made subject to procedures respecting Directive 2008/115 (return directive), as appropriate. The relevant information obtained during the screening should be provided to the competent authorities to support the further assessment of eachAs this referral is of an administrative nature to establish the relevant procedure on an individual cbase, in full respect of fundamental rights. The procedures established by Directive 2008/115 should start applying only after the screening has ended. Article 26 and 27 of the Asylum Procedures Regulation should apply only after the screening has ended. This should be without prejudice to the fact that the persons applying for international protection at the moment of apprehension, in the cois, the right to an effective remedy shall be reserved for the relevant procedures in accordance with the provisions in Regulation (EU) XXX/XXX [Asylum Procedurse of border control at the border crossing point or during the screening, should be considered applicantsRegulation] or Directive 2008/115.
Amendment 232 #
2020/0278(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) The relevant information obtained during the screening should be provided to the competent authorities to support the further assessment of each individual case, in full respect of fundamental rights. The procedures established by Directive 2008/115 should start applying only after the screening has ended. Article 26 and 27 of the Asylum Procedures Regulation should apply only after the screening has ended. This should be without prejudice to the fact that the persons applying for international protection at the moment of apprehension, in the course of border control at the border crossing point or during the screening, should be considered applicants.
Amendment 241 #
2020/0278(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In accordance with Article 12 of Regulation (EU) 2016/399, the fulfilment of entry conditions and the authorisation of entry are expressed in an entry stamp in a travel document. The absence of such entry stamp or the absence of a travel document mayshould therefore be considered as an indication that the holder does not fulfil the entry conditions. With the start of the operation of the Entry/Exit System leading to substitution of the stamps with an entry in the electronic system, that presumption will become more reliable. Member States should therefore apply the screening to third-country nationals who are already within the territory and who are unable to prove that they fulfilled the conditions of entry into the territory of the Member States. The screening of such third-country nationals is necessary in order to compensate for the fact that they presumably managed to evade entry checks upon arrival in the Schengen area and therefore could have not been either refused entry or referred to the appropriate procedure following screening. Applying the screening could also help in ascertaining, through the consultation of the databases referred to in this Regulation, that the persons concerned do not pose a threat to internal securitor national security or to public order or policy. By the end of the screening within the territory, the third- country nationals concerned should be subject to a return procedure or, where they apply for international protection, to the appropriate asylum procedure. Submitting the same third-country national to repeated screenings should be avoided to the utmost extent possible.
Amendment 270 #
2020/0278(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, during the screening, each Member State should establish a, or designate an existing, monitoring mechanism and put in place adequate safeguards for the independence thereof. The monitoring mechanism should, complement the monitoring conducted by the European Union Agency for Asylum and cover in particular the respect for fundamental rights in relation to the screening, as well as the respect for the applicable national rules regarding detention and compliance with the principle of non-refoulement as referred to in Article 3(b) of Regulation (EU) 2016/399. The Fundamental Rights Agency should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States should furthermore be allowed to request the support of the Fundamental Rights Agency for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the Fundamental Rights Agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. Member States should also be allowed to invite relevant and competent national, international and non-governmental organisations and bodies to participate in the monitoring. The independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896. The Member States should investigate allegations of the breach of the fundamental rights during the screening, including by ensuring that complaints are dealt with expeditiously and in an appropriate way.
Amendment 290 #
2020/0278(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) A preliminary health examination should be carried out by the competent authorities of the Member States on all persons submitted to the screening at the external borders with a view to identifying persons in need of immediate care or requiring other measures to be taken, for instance isolation on public health grounds. The specific needs of minors and vulnerable persons should be taken into account. If it is clear from the circumstances that such examination is not needed, in particular because the overall condition of the person appears to be very good, the examination should not take place and the person concerned should be informed of that fact. The preliminary health examination should be carried out by the health authorities of the Member State concerned. With regard to third- country nationals apprehended within the territory, the preliminary medical examination should be carried out where it is deemed necessary at first sight.
Amendment 292 #
2020/0278(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Where it is deemed necessary based on the preliminary health examination and individual circumstances, third-country nationals should have the right to a preliminary medical examination. The preliminary medical examination should be carried out by the health authorities of the Member State concerned.
Amendment 299 #
2020/0278(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Since third-country nationals subject to the screening may not have or carry the necessary identity and travel documents required for the legal crossing of the external border, an identification procedure should be providedcarried out for as part of the screening.
Amendment 314 #
2020/0278(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) The competent authorities should, in accordance with provision in national legislation, be able to carry out searches of private property, personal belonging and electronic devices for identification or travel documents, in order to establish the identity of a third-country national.
Amendment 326 #
2020/0278(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal or national security or to public order or policy.
Amendment 343 #
2020/0278(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Since access to EES, ETIAS, VIS and ECRIS-TCN is necessary for the authorities designated to carry out the screening in order to establish whether the person could pose a threat to the internal or national security or to public order or policy, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) No 2019/816, respectively, should be amended to provide for this additional access right which is currently not provided by those Regulations. In the case of Regulation (EU) No 2019/816, this amendment should for reasons of variable geometry take place through a different regulation than the present one.
Amendment 351 #
2020/0278(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Since the objectives of this Regulation, namely the strengthening of the control of persons who are about to enterseek entry to the Schengen area and their referral to the appropriate procedures, cannot be achieved by Member States acting alone, it is necessary to establish common rules at Union level. Thus, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 366 #
2020/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The purpose of the screening shall be the strengthening of the external border and the control of persons who are about to enter the Schengen area and their referral to the appropriate procedures.
Amendment 374 #
2020/0278(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internal securitor national security or public order or policy. The screening shall also entail health checks, where appropriate, to identify persons vulnerable and in the need of health care as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.
Amendment 444 #
2020/0278(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
Amendment 514 #
2020/0278(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Each Member State shall establishprovide an independent monitoring mechanism, to complement and assist the monitoring undertaken by the European Asylum Agency in accordance with Article 14 of Regulation (EU) xxx/xxx [European Asylum Agency].
Amendment 541 #
2020/0278(COD)
Proposal for a regulation
Article 7 – paragraph 2 – indent 3
Article 7 – paragraph 2 – indent 3
— to ensure that allegations of non- respect for fundamental rights in relation to the screening, including in relation to access to the asylum procedure and non- compliance with the principle of non- refoulement, are properly investigated, and where applicable, dealt with effectivadequately and without undue delay.
Amendment 553 #
2020/0278(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Member States shall establish a monitoring mechanism or designate an existing mechanism and put in place adequate safeguards to guarantee the independence of the mechanism.
Amendment 653 #
2020/0278(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Where it is deemed necessary based on the circumstances, third-country nationals submitted to the screening referred to in Article 5 shall be subject to a preliminary medical examination, notably to identify any medical condition requiring immediate care, special assistance or isolation. Such examination shall be carried out by the competent health authorities in the Member States.
Amendment 669 #
2020/0278(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. For the purpose of the identification referred to in paragraph 1, the competent authorities shall quermake use of Identity Management System (IDMS) tools and query relevant national and international databases, as well as the common identity repository (CIR) referred to in Article 17 of Regulation (EU) 2019/817. The biometric data of a third-country national taken live during the screening, as well as the identity data and, where available, travel document data shall be used to that end.
Amendment 672 #
2020/0278(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4 a. For the purposes of paragraph 1, point (a), Member States may, in accordance with provisions in national legislation, search the property, belongings and electronic devices of third- country nationals. The independent monitoring mechanism shall ensure that the national legislation and the application of such provisions are compatible with Union law, in particular the Charter of Fundamental Rights.
Amendment 679 #
2020/0278(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Third country nationals submitted to the screening pursuant to Article 3 or Article 5 shall undergo a security check to verify that they do not constitute a threat to internal securitor national security or public order or policy. The security check may cover both the third-country nationals and the objects in their possession. The law of the Member State concerned shall apply to any searches carried out.
Amendment 694 #
2020/0278(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where a match is obtained following a query as provided for in Article 11(3) against data in one of the information systems, the competent authority shall have access to consult the file corresponding to that match in the respective information system in order to determine the risk to internal securitor national security or public order or policy as referred to in Article 11(1).
Amendment 702 #
2020/0278(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Commission shall adopt implementing acts to specify the procedure for cooperation between the authorities responsible for carrying out the screening, Interpol National Central Bureaux, Europol national unit, and ECRIS-TCN central authorities, respectively, to determine the risk to internal securitor national security or public order or policy. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 755 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1 – subparagraph 1
shall be referred to the competent authorities to swiftly apply procedures respectingin accordance with Directive (EU) 2008/115/EC (Return Directive).
Amendment 758 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
In all cases not related to search and rescue operations, entry mayshall be refused in accordance withf the conditions in Article 14 of Regulation 2016/399 are met.
Amendment 770 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Third-country nationals who made an application for international protection shall be referred to the authorities referred to in Article XY of Regulation (EU) No XXX/XXX [Asylum Procedure Regulation], together with the form referred to in Article 13 of this Regulation. On that occasion, the authorities conducting the screening shall point in the de-briefing form to any elements which seem at first sight to be relevant to refer the third-country nationals concerned into the accelerated examination procedure or the border procedure. A third-country national who pose a threat to the internal security of the Union or the public order and security of the Member State or are deceptive about their identity shall remain in the border procedure until a decision to grant international protect or a return border procedure has been concluded.
Amendment 789 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 7 a (new)
Article 14 – paragraph 7 a (new)
7 a. The referral to a procedure in accordance with this Article shall not be subject to remedy. Member States shall ensure that the applicant has the right to an effective remedy in the procedure he or she is referred to.
Amendment 94 #
2020/0277(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and external border control, based on solidarity and fair sharing of responsibility between Member States, which is also fair towards third- country nationals.
Amendment 103 #
2020/0277(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The comprehensive approach should bring together policies in the areas of asylum, migration management, returns, external border protection and partnership with relevant third countries, recognising that the effectiveness of the overall approach depends on all components set out in Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] being jointly addressed and in an integrated manner. The comprehensive approach should ensure that the Union has at its disposal specific rules to effectively manage migration including the triggering of a compulsory solidarity mechanism and that all the necessary measures are put in place to prevent crisis to happen.
Amendment 141 #
2020/0277(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Such effective actions should be comprehensive and include, inter alia, operational, diplomatic, legal and financial measures to reduce and prevent the mass influx of third-country nationals and to support the affected Member State.
Amendment 147 #
2020/0277(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In addition to situations of crisis, Member States may be faced with abnormal and unforeseeable circumstances outside their control, the consequences of which could not have been avoided in spite of the exercise of all due care and contingency planning as set out in the Regulation (EU) XXX/XXX [Asylum and Migration Management]. Such situations of force majeure could make it impossible to respect the time limits set by Regulations (EU) XXX/XXX [Asylum Procedures Regulation] and (EU) XXX/XXX [Asylum and Migration Management] for registering applications for international protection or carrying out the procedures for determining the Member State responsible for examining an application for international protection. In order to ensure that the common asylum system continues functioning in an efficient and fair manner, while guaranteeing a timely examination of international protection needs and legal certainty, longer time limits for the registration of applications and for the procedural steps required for determining responsibility and transferring applicants to the responsible Member State should apply in such situations. Member States faced with a situation of force majeure should also be able to implement the solidarity measures that they have to take pursuant to the solidarity mechanism set out in this Regulation and in Regulation (EU) XXX/XXX [Asylum and Migration Management] within an extended time frame, where necessary.
Amendment 183 #
2020/0277(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In situations of crisis, Member States might need a wider set of measures in order to manage a mass influx of third- country nationals in an orderly fashion and containprevent any unauthorised or secondary movements. Such measures should include the application of an asylum crisis management procedure and a return crisis management procedure.
Amendment 230 #
2020/0277(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The screening of third-country nationals according to the rules laid down in Regulation (EU) No XXX/XXX [Screening Regulation] should apply with the possibility to extend the 5-day deadline by another five20 days, as specified in that Regulation.
Amendment 242 #
2020/0277(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The return crisis management procedure should facilitate, in a situation of crisis, the return of illegally staying third- country nationals whose applications were rejected in the context of a crisis asylum management procedure and who have no right to remain andor are not allowed to remain, by providing the competent national authorities with the necessary tools and sufficient time-frame to carry out return procedures with due diligence. To be able to respond to situations of crisis in an effective manner, the return crisis management procedure should apply also to applicants, third- country nationals and stateless persons subject to the border procedure referred to in Article 41 of the of proposed Regulation (EU) XXX/XXX [Asylum Procedures Regulation], whose applications were rejected before the adoption of a Commission decision declaring that a Member State is confronted with a situation of crisis, and who have no right to remain and are not allowed to remain after such a decision.
Amendment 249 #
2020/0277(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) When applying the return crisis management procedure, illegally staying third-country nationals or stateless persons who have no right to remain andor are not allowed to remain should not be authorised to enter the territory of the Member State concerned and should be kept at the locations referred to in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] for a period that may be longer than the one established by that Article in order to enable authorities to cope with the situations of crisis and finalise return procedures; for this purpose, the maximum duration of 12 weeks of the border procedure for carrying out return set out in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] could be prolonged by an additional period that may not exceed eightanother 12 weeks. During that period, it should be possible to keep the illegally staying third- country nationals in detention, in application of Article 41(a)(5) and (6) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], provided that the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [recast Return Directive] are respected, including the individual assessment of each case, judicial control of detention and adequate conditions of detention.
Amendment 258 #
2020/0277(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to allow for the proper management of a crisis situation and ensure a proper adaptation of the relevant rules on the asylum and return procedure, the Commission should, by way of an implementing decision, authorise concerned Member States, upon their reasoned requestnotification, to apply relevant derogatory rules. Such an implementing decision could authorise one or more requesting Member States to derogate from the relevant rules.
Amendment 263 #
2020/0277(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Commission should examine a reasoned request submitted by a Member State while takingassess a situation of crisis either by notification of the Member State concerned or on the basis of available information. The assessment should take into account substantiated information gathered pursuant to Regulation (EU) XXX/XXX [Asylum Agency Regulation] and Regulation (EU) 2019/1896 of the European Parliament and of the Council24 and the Migration Management report referred to in Regulation (EU) XXX/XXX [Asylum and Migration Management]. _________________ 24 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1.
Amendment 275 #
2020/0277(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to provide Member States with additional time needed to deal with the situation of crisis and at the same time ensure an effective and as quick as possible access to the relevant procedures and rights, the Commission should authorise the application of the asylum crisis management procedure and the return crisis management procedure for a period of six months, which could be extended up to a period not exceeding one year. After the expiry of the relevant period, the extended deadlines provided for in the asylum and return crisis management procedures should not be applied to new applications for international protectionntil the Member State concerned is no longer under the situation of crisis.
Amendment 281 #
2020/0277(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) For the same reasons, the Commission should authorise the application of derogatory rules as regards the registration deadline for a period not exceeding four12 weeks, which should be renewable upon a new reasoned request submitted by the Member State concerned. The total period of application should nonetheless not exceed twelve weeks.
Amendment 301 #
2020/0277(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In a crisis situation, Member States should have the possibility to suspend the examination of applications for international protection made by displaced persons from third countries who are unable to return to their country of origin, where they would face a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict. In such a case, immediate protection status should be granted to those persons. Member States should resume the examination of their application one year at the latestthose persons should be given a temporary right to remain until their applications for international protection is examined, at the latest within one year from itsthe suspension.
Amendment 308 #
2020/0277(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Persons granted immediate protectiotemporary right to remain should continue to be considered as applicants for international protection, in view of their pending application for international protection within the meaning of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as well as within the meaning of Regulation (EU) XXX/XXX [Asylum and Migration Management].
Amendment 314 #
2020/0277(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Member States should ensure that beneficiaries of immediate protection statusthose persons given a temporary right to remain have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable and equivalent to those enjoyed by beneficiaries of subsidiary protection.
Amendment 321 #
2020/0277(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 330 #
2020/0277(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Since the adoption of Council Directive 2001/55/EC25 , the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting immediate protection statustemporary right to remain in crisis situations to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should be repealedapply parallel to this Regulation. _________________ 25 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12.)
Amendment 360 #
2020/0277(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In situations of force majeure, which render it impossible for a Member State to comply with the obligation to undertake solidarity measures within the timeframes established in the Regulation (EU) XXX/XXX [Asylum and Migration Management] and this Regulation, it should be possible for that Member State to notify the Commission and the other Member States of the precise reasons for which it considers that it is facing such a situation and extend the timeframe for undertaking solidarity measures. The Commission should within two weeks assess the situation in the particular Member State and decide whether an extension of the timeframe for the solidarity measures should be provided or not.
Amendment 406 #
2020/0277(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation addresses situations of crisis and force majeure in the field of migration and asylum within the Union and provides for specific rules derogating from those set out in Regulations (EU) XXX/XXX [Asylum and Migration Management] and (EU) XXX/XXX [Asylum Procedures Regulation] and in Directive XXX [recast Return Directive], when these regulations are not sufficient to deal with a situation of crisis and force majeure.
Amendment 416 #
2020/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a Member State or disembarked on its territory following search and rescue operations, being of such a scale, in proportion to the population and GDP of the Member State concerned, and nature, that it renders the Member State’s asylum, reception or return system non- functional, and the Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] is not sufficient to address the situation, which can have serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or
Amendment 445 #
2020/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. For the purpose of providing solidarity contributions for the benefit of a Member State in situations of crisis as set out in Article 1(2)(a), Part IV of Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply mutatis mutandis, with the exception of Article 45(1), point (d), Article 47, Article 48, Article 49, Article 51(3)(b)(iii) and (4), Article 52(2) and (5) and Article 53(2), second and third subparagraphs.
Amendment 448 #
2020/0277(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. By way of derogation from Article 50(3), the assessment referred to in that paragraph shall cover the situation in the Member State concerned during the preceding [one]three months.
Amendment 483 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Where a Member State considers that it is facing a crisis situation of crisis as referred to in Article 1(2), that Member State shall submit a reasoned request to the Commissionwithout delay notify the Commission, the European Parliament and the Council for the purpose of applying the rules laid down in Articles 4, 5 or 6 as necessary.
Amendment 489 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where, on the basis of the examination carried out in accordance with paragraph 8, the Commission considers such a request justifiedthat the affected Member State is confronted with a situation of crisis, it shall, by means of an implementing decision, authorise the Member State concerned to apply the derogatory rules laid down in Articles 4, 5 or 6.
Amendment 494 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The implementing decision referred to in paragraph 2 shall be adopted within ten days from the requestnotification and shall set the date from which the rules laid down in Articles 4, 5 or 6 may be applied, as well as the time period for their application.
Amendment 502 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The Commission may authorise the application of the rules laid down in Article 6 for a maximum period of fourtwelve weeks. If a Member State considers it necessary to further extend the application of the rules laid down in Article 6, it shall submit a reasoned request to the Commission at the latest five days before the expiry of the fourtwelve-week period. The Commission may authorise the prolongation of the application of the rules laid down in Article 6 for an additional maximum period of four weeks, which shall be renewable once. The period of application shall not exceed twelventy weeks in total, including, where paragraph 8 is applied, the period preceding the adoption of the implementing decision referred to in paragraph 2.
Amendment 507 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. When submitting the requestnotification referred to in paragraph 1, a Member State may notify the Commission that it considers necessary to apply the rules laid down in Article 6 before the examination of this requestnotification by the Commission is concluded. In such a case, by way of derogation from paragraph 3 of this Article, the Member State concerned may apply the rules laid down in Article 6 from the day following the requestnotification and for a period not exceeding 15 days. The Member State shall indicate in the requestnotification the reasons for which an immediate action is required. The Commission shall assess the situation in the Member State concerned and adopt the implementing decision referred to in paragraph 2 within the 15- day period.
Amendment 511 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. The Commission shall examine the reasoned requestnotification pursuant to paragraph 1, or the notification pursuant to paragraph 7 on the basis of substantiated information, in particular the information gathered by the Commission pursuant to the EU mechanism for Preparedness and Management of Crises related to Migration (Migration Preparedness and Crisis Blueprint) and by the European Asylum Support Office (EASO) pursuant to Regulation (EU) No 439/201031 , the European Border and Coast Guard Agency pursuant to Regulation (EU) 2019/1896 and the Migration Management Report referred to Article 6 of Regulation (EU) XXX/XXX [Asylum and Migration Management], and other relevant information by Union bodies, agencies and offices. _________________ 31 Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11.)
Amendment 539 #
2020/0277(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of maximum eighttwelve weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection.
Amendment 547 #
2020/0277(COD)
1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 3, Member States may, in respect of illegally staying third-country nationals or stateless persons whose applications were rejected in the context of the asylum crisis management procedure pursuant to Article 4, and who have no right to remain andor are not allowed to remain, derogate from Article 41 and Article 41a of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows:
Amendment 553 #
2020/0277(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) By way of derogation from Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum period during which third- country nationals or stateless persons shall be kept at the locations referred to in that Article may be prolonged by an additional period of maximum eighttwelve weeks;
Amendment 560 #
2020/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 570 #
2020/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
In a crisis situation as referred to in Article 1(2)(a) and in accordance with the procedure laid down in Article 3, applications made within the period during which this Article is applied shall be registered no later than within fourtwelve weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].
Amendment 603 #
2020/0277(COD)
Proposal for a regulation
Chapter V – title
Chapter V – title
V Granting of immediate protectioa temporary right to remain
Amendment 612 #
2020/0277(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Granting of immediate protection statusa temporary right to remain
Amendment 617 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. In a crisis situation as referred to in Article 1(2)(a), and on the basis of an implementing act adopted by the Commission in accordance with paragraph 4 of this Article, Member States may suspend the examination of applications for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict, and who are unable to return to their country of origin. In such a case, Member States shall grant immediate protection statusa temporary residence permit to the persons concerned, unless they represent a danger to the national security or public order of the Member State. Such statustemporary residence permit shall be without prejudice to their ongoing application for international protection in the relevant Member State. Such temporary residence permit referred to in the first subparagraph shall not be taken into account for the purpose of calculating the duration of residence pursuant to Article 4(1) of Directive 2003/109/EC.
Amendment 630 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that beneficiaries of immediate protectionpersons with a temporary residence permit have effective access to all the relevant rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable to beneficiaries of subsidiary protection.
Amendment 635 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. With derogation from paragraph 1, Member States shall not grant a temporary residence permit if the third country national represents a danger to the national security or public order or policy of the Member State or to the internal security of the Union. If the person concerns represents such a danger, the Member State shall carry out the examination of the application for international protection in an accelerated border procedure.
Amendment 649 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point d
Article 10 – paragraph 4 – point d
(d) establish the date from which this Article shall be applied and set out the time period during which applications for international protection of displaced person as referred to in point (a) may be suspended and immediate protection statustemporary residence permit shall be granted.
Amendment 675 #
2020/0277(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6, and triggering the granting of immediate protection statustemporary residence permit in accordance with Article 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).
Amendment 699 #
2020/0277(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 6 #
2020/0259(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Sexual abuse and sexual exploitation of children constitute serious violations of human rights, in particular of the rights of children to be protected from all forms of violence, abuse and neglect, maltreatment or exploitation, including sexual abuse, as provided for by the 1989 United Nations Convention on the Rights of the Child and by the Charter. Digitisation has brought about many benefits for society and the economy, but also challenges including an increase of child sexual abuse online. The protection of children online is one of the Union's priorities. On 24 July 2020, the Commission adopted an EU strategy for a more effective fight against child sexual abuse9 (“the Strategy”), which aims to provide an effective response, at Union level, to the crime of child sexual abuse. _________________ 9 Communication from the ComIn addition, the Istanbul Convention recognises that girls are often exposed to serious forms of gender-based violence including cyberviolence. Digitisation has brought about many benefits for society and the economy, but also challenges, notably increased child sexual abuse ans child sexual exploitation online, which has been exacerbated during the COVID- 19 pandemic, resulting from broader access to potential victims and a sharp rise in the exchange of child sexual abuse material between child sexual offenders. There is also a growing number of cases of grooming during the COVID-19 pandemic, including an increase of self- generated content. Moreover, the increased misuse of privacy-enhancing technologies by offenders to disguise their horrendous actions has made it more difficult for law-enforcement authorities to prevent, detect, investigate and prosecute child sexual exploitation online. According to Europol, the proliferation of anonymisation tools and the higher amount of child sexual abuse material may also lead to a higher risk of repeat victimissation to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, EU strategy for a more effective fight against child sexual abuse, 24.7.2020 COM(2020) 607 final8a. The protection of children online is one of the Union's priorities as they are the most vulnerable in our society and not able to defend themselves. _________________ 8aEuropol report "Exploiting isolation: Offenders and victims of online child sexual abuse during the Covid- 19pandemic", published on 19 June 2020.
Amendment 7 #
2020/0259(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Girls and young women are particularly exposed to the risks of sexual abuse, as well as sexual exploitation and account for the overwhelming majority of cases of child sexual abuse online. According to THORN and the Canadian Centre for Child Protection 80% of the children victim of sexual abuse were girls. Figures from a 2019 report from INHOPE show that 91 % of victims were girls, 7 % were boys and the medianage of victims is decreasing with 92 % of victims under the age of 13.According to End Child Prostitution, Child Pornography & Trafficking of Children for Sexual Purposes (ECPAT) international report from 2017 child sexual offenders are predominantly male10a, which is relevant when it comes to the definition of key indicators. It is therefore important that girls and boys have access to safe, accessible and age appropriate channels to report the abuse without fear, in particular when the abuser is in the inner circle of the victim, since in such instances the reporting is low. _________________ 10aECPAT Journal “End Child Sexual Exploitation international report”, published in April 2017; https://www.ecpat.org/wp- content/uploads/2017/04/Journal_No12- ebook.pdf
Amendment 8 #
2020/0259(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4 b) On 24 July 2020, the Commission adopted an EU strategy for a more effective fight against child sexual abuse9b (“the Strategy”), which aims to provide an effective response, at Union level, to the crime of child sexual abuse with due regard to different forms of sexual abuse experienced by girls and boys. As part of the Strategy, the Commission announced that it will propose sector-specific legislation including “clear mandatory obligations to detect and report child and young girls sexual abuse online to bring more clarity and certainty to the work of both law enforcement and relevant actors in the private sector to tackle online abuse”. Nevertheless the strategy, there is a great need for preventive measures and a more targeted approach to take into account the specific circumstances and needs of various vulnerable groups of children, in particular girls. _________________ 9b Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, EU strategy fora more effective fight against child sexual abuse, 24.7.2020 COM(2020)0607 final.
Amendment 9 #
2020/0259(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Number-independent communication services have a major role to play in detecting cases of child sexual abuse online and in removing at source child sexual abuse material from their networks to avoid further victimisation as every new visualisation of the material is harmful for the victim. Underaged children must have access to safe, accessible and age appropriate channels to report the abuse without fear, in particular when the abuser is in the inner circle of the victim. Certain providers of number- independent interpersonal communications services, such as webmail and messaging services, are already using specific technologies to detect and report child sexual abuse online to law enforcement authorities and to organisations acting in the public interest against child sexual abuse, or to remove and child exploitation, or to detect, remove and report child sexual abuse material in their services, on a voluntary basis. To enable the identification of the child victims and to properly identify detection errors by the providers, all the instances of possible child sexual abuse online should be reported to law enforcement authorities and to organisations acting in the public interest against child sexual abuse. Those organisations refer to national hotlines for reporting child sexual abuse material, as well as to organisations whose purpose is to reduce child sexual exploitation, and prevent child victimisation, located both within the Union and in third countries. Collectively, those voluntary activities play a valuable role in enabling the identification and rescue of victims, and reducing the further dissemination of child sexual abuse ans child sexual exploitation material, while also contributing to the identification and investigation of offenders, and the prevention of child sexual abuse and child sexual exploitation offences.
Amendment 10 #
2020/0259(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Until 20 December 2020, the processing of personal data by providers of number-independent interpersonal communications services by means of voluntary measures for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse and child sexual exploitation material is governed by Regulation (EU) 2016/679.
Amendment 11 #
2020/0259(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Directive 2002/58/EC does not contain any specific provisions concerning the processing of personal and other data in connection with the provision of electronic communication services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material. However, pursuant to Article 15(1) of Directive 2002/58/EC, Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in, inter alia, Articles 5 and 6 of that Directive, which concern confidentiality of communications and traffic data, for the purpose of prevention, investigation, detection and prosecution of criminal offences linked to child sexual abuse. In the absence of such national legislative measures, and pending the adoption of a new longer-term legal framework to tackle child sexual abuse effectively at Union level as announced in the Strategy, there would be no legal basis for providers of number-independent interpersonal communications services to continue to detect and report child sexual abuse online and removeto detect, remove and report child sexual abuse material in their services beyond 21 December 2020.
Amendment 12 #
2020/0259(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation therefore provides for a temporary derogation from Article 5(1) and Article 6 of Directive 2002/58/EC, which protect the confidentiality of communications and traffic data. Voluntary measures by providers offering number-independent interpersonal communications services in the Union applied for the sole purpose of detecting and reporting child sexual abuse online and detecting, removing and reporting child sexual abuse material therefore become subject to the safeguards and conditions set out in this Regulation. Since Directive 2002/58/EC was adopted on the basis of Article 114 of the Treaty on the Functioning of the European Union, it is appropriate to adopt this Regulation on the same legal basis. Moreover, not all Member States have adopted legislative measures at national level to restrict the scope of the rights and obligations provided for in those provisions in accordance with Article 15(1) of Directive 2002/58/EC, and the adoption of such measures involves a significant risk of fragmentation likely to negatively affect the internal market and the protection of fundamental rights, notably the rights of children who fall victim to child sexual abuse online across the Union.
Amendment 14 #
2020/0259(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Since the sole objective of this Regulation is to enable the continuation of certain existing activities aimed at combating child sexual abuse online, the derogation provided for by this Regulation should be limited to well-established technology that is regularly used by number-independent interpersonal communications services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material before the entry into force of this Regulation. The reference to the technology includes where necessary any human review directly relating to the use of the technology and overseeing it. The use of the technology in question should therefore be common in the industry, without it necessarily being required that all providers use the technology and without precluding the further evolution of the technology in a privacy-friendly manner. In this respect, it should be immaterial whether or not a particular provider that seeks to rely on this derogation itself already uses such technology on the date of entry into force of this Regulation. The types of technologies deployed should be the least privacy-intrusive in accordance with the state of the art in the industry and should not include systematic filtering and scanning of communications containing text but only look into specific communications in case of concrete elements of suspicion of child sexual abuse.
Amendment 16 #
2020/0259(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure transparency and accountability in respect of the activities undertaken pursuant to the derogation, the providers should publish reports on an annual basis on the processing falling within the scope of this Regulation, including on the type and volumes of data processed, number of cases identifiedof child sexual abuse identified with gender- disaggregated data, when possible, measures applied to select and improve key indicators, the numbers and ratios of errors (false positives) of the different technologies deployed, measures applied to limit the error rate and the error rate achieved, the retention policy and the data protection safeguards applied.
Amendment 17 #
2020/0259(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down temporary and strictly limited rules derogating from certain obligations laid down in Directive 2002/58/EC, with the sole objective of enabling providers of number-independent interpersonal communications services to continue the use ofuse technologies for the processing of personal and other data to the extent necessary and proportionate to detect and report child sexual abuse online and detect, report and remove child sexual abuse material on their services.
Amendment 18 #
2020/0259(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Amendment 22 #
2020/0259(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c
Article 2 – paragraph 1 – point 2 – point c
(c) ‘pornographic performance’ as defined in Article 2(e) of Directive 2011/93/EU, including revenge porn.
Amendment 24 #
2020/0259(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘child’means any person below the age of sexual consent;
Amendment 25 #
2020/0259(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
Amendment 26 #
2020/0259(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
The specific obligations set out in Article 5(1) and Article 6 of Directive 2002/58/EC shall not apply to the processing of personal and other data in connection with the provision of number-independent interpersonal communications services strictly necessary for the use of technology for the sole purpose of detecting and removing child sexual abuse material and detecting or reporting child sexual abuse online or reporting both to law enforcement authorities and to organisations acting in the public interest against child sexual abuse, provided that:
Amendment 27 #
2020/0259(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the processing is proportionate and limited to well-established technologies regularly used by providers of number- independent interpersonal communications services for that purpose before the entry into force of this Regulation, and that are in accordance with the state of the art used in the industry and are the least privacy- intrusive;
Amendment 28 #
2020/0259(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) the processing is limited to what is strictly necessary for the purpose of detection and reporting of child sexual abuse online and detection, reporting and removal of child sexual abuse material and, unless. Where no child sexual abuse online has been detected and confirmed as such, is erased immediately;the relevant data shall be retained solely for the following purpose and only for the time period necessary:
Amendment 29 #
2020/0259(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d – indent 1 (new)
Article 3 – paragraph 1 – point d – indent 1 (new)
- for its reporting and to respond to proportionate requests by law enforcement and other relevant public authorities;
Amendment 30 #
2020/0259(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d – indent 2 (new)
Article 3 – paragraph 1 – point d – indent 2 (new)
- for the blocking of the concerned user’s account;
Amendment 31 #
2020/0259(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d – indent 3 (new)
Article 3 – paragraph 1 – point d – indent 3 (new)
- in relation to data reliably identified as child pornography, for the creation of a unique, non-reconvertible digital signature (‘hash’);
Amendment 32 #
2020/0259(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d – indent 4 (new)
Article 3 – paragraph 1 – point d – indent 4 (new)
- for proceedings of administrative or judicial review or remedy.
Amendment 33 #
2020/0259(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) the provider annually publishes a report on its related processing, including on the type and volumes of data processed, number of cases identifiedof child sexual abuse and child sexual abuse material identified, reported and removed, showing gender disaggregated data, when possible, measures applied to select and improve key indicators, numbers and ratios of errors (false positives) of the different technologies deployed, measures applied to limit the error rate and the error rate achieved, the retention policy and the data protection safeguards applied.
Amendment 34 #
2020/0259(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 15 #
2020/0104(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Past experiences have shown that investment is often drastically cut during crises. However, it is essential to support investment in this particular situation to speed up the recovery and strengthen long- term growth potential. Investing in green and digital technologies, capacities and processes aimed at assisting clean energy transition, boosting energy efficiency in housing and other key sectors of the economic are important to achieve sustainable growth and overall help create jobs, as well as foster mid-term competitiveness. It will also help make the Union more resilient and less dependent by diversifying key supply chains. and boosting a knowledge based economy
Amendment 22 #
2020/0104(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Against this background, it is necessary to strengthen the current framework for the provision of support to Member States and provide direct financial support to Member States through an innovative tool. To that end, a Recovery and Resilience Facility (the ‘Facility’) should be established under this Regulation to provide effective financial and significant support to step up the implementation of reforms and related public investments in thethat will entail an improvement of the sustainability and competitiveness of Member States economics. The Facility should be comprehensive and should also benefit from the experience gained by the Commission and the Member States from the use of the other instruments and programmes.
Amendment 29 #
2020/0104(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Reflecting the European Green Deal as Europe’s sustainable growth strategy, together with other economic development objectives, and the translation of the Union’s commitments to implement the Paris Agreement and the United Nations’ Sustainable Development Goals, the Facility established by this Regulation will contribute to mainstreaming climate actions and environmental sustainability and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives.s long as they may not hinder European Union’s industry growth capacity, affected as it has been by COVID-19 crisis
Amendment 35 #
2020/0104(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to implement these overall objectives, relevant actions will be identified during the Facility’s preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. Also, due attention should be paid to the impact of the national plans submitted under this Regulation on fostering not only the green transition, but also the digital transformation and the development of a knowledge based economy. They will both play a priority role in relaunching and modernising our economy.
Amendment 105 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The general objective of the Recovery and Resilience Facility shall be to promote the Union’s economic, social and territorial cohesion by improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green a competitive knowledge based economy and digital transitions, thereby contributing to restoring the growth potential of the economies of the Union, fostering employment creation in the aftermath of the COVID-19 crisis, and promoting sustainable and competitive growth.
Amendment 108 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. To achieve that general objective, the specific objective of the Recovery and Resilience Facility shall be to provide Member States with financial support with a view to achieving the milestones and targets of reformsstructural reforms ( including those of public administration systems) and investments as set out in their recovery and resilience plans. That specific objective shall be pursued in close cooperation with the Member States concerned.
Amendment 112 #
2020/0104(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The amounts referred to in paragraph 1(a) may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities, which are required for the management of each instrument and the achievement of its objectives, in particular studies, meetings of experts, information and communication actions, including corporate communication of the political priorities of the Union, in so far as they are related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, corporate information technology tools, and all other technical and administrative assistance expenses incurred by the Commission. Member States or intermediary management agents for the management of each instrument. Expenses may also cover the costs of other supporting activities such as the obligatory quality control and monitoring of projects on the ground and the costs of peer counselling and experts for the assessment and implementation of reforms and investments.
Amendment 119 #
2020/0104(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Resources allocated to Member States under shared management may, at their request, be transferred to the Facility. (except for ERDF, EAFRD and ESF+) The Commission shall implement those resources directly in accordance with point (a) of Article 62(1) of the Financial Regulation. Those resources shall be used for the benefit of the Member State concerned.
Amendment 142 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. In pursuance of the objectives set out in Article 4, Member States shall prepare national recovery and resilience plans. These plans shall set out the reform and investment agenda of the Member State concerned for the subsequent four years as well as yearly objectives. Recovery and resilience plans eligible for financing under this instrument shall comprise measures for the implementation of reforms and public investment projects through a coherent package, which should comprise yearly objectives, as well as an indicators and implementation evaluation system.
Amendment 147 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The recovery and resilience plans shall be consistent with the relevant country-specific challenges and priorities identified in the context of the European Semester, in particular those relevant for or resulting from the greenknowledge based economy and digital transition. The recovery and resilience plans shall also be consistent with the information included by the Member States in the national reform programmes under the European Semester, in their national energy and climate plans and updates thereof under the Regulation (EU)2018/199921 , in the territorial just transition plans under the Just Transition Fund22 , and in the partnership agreements and operational programmes under the Union funds. _________________ 21Regulation (EU)2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action. 22 […]
Amendment 162 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) an explanation of how the plan strengthens the growth potential, job creation and economic and social resilience of the Member State concerned, mitigates the economic and social impact of the crisis the improvement of the business fabric,, and its contribution to enhance economic, social and territorial cohesion and convergence;
Amendment 163 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) an explanation of how the plan strengthens the growth potential, job creation and economic and social resilience of the Member State concerned, mitigates the economic and social impact of the crisis, the improvement of the business fabric, and its contribution to enhance economic, social and territorial cohesion and convergence;
Amendment 168 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
(c) an explanation of how the measures in the plan are expected to contribute to the greenknowledge based economy and the digital transitions or to the challenges resulting from them;
Amendment 175 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point h
Article 15 – paragraph 3 – point h
(h) the accompanying measures that may be needed; amongst other issues the reduction of national bureaucracies and increase of public private partnerships
Amendment 177 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. In the preparation of proposals for their recovery and resilience plan, Member States may request the Commission to organise an exchange of good practices in order to allow the requesting Member States to benefit from the experience of other Member States. Member States, and that shall he made public to the rest of the European institutions and bodies once it may have become consolidated. may also request technical support under the Technical Support Instrument in accordance with the regulation thereof.
Amendment 183 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. The Commission shall assess the importance and coherence of the recovery and resilience plan and its contribution to the greenknowledge based and digital transitions, as well as competitive economy and for that purpose, shall take into account the following criteria:
Amendment 190 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b
Article 16 – paragraph 3 – point b
(b) whether the plan contains measures that effectively contribute to the greenknowledge based economy and the digital transitions as to develop a competitive economy or to addressing the challenges resulting from them;
Amendment 194 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point d
Article 16 – paragraph 3 – point d
(d) whether the recovery and resilience plan is expected to effectively contribute to strengthen the competitive growth potential, job creation, and economic and social resilience of the Member State, mitigate the economic and social impact of the crisis, and contribute to enhance economic, social and territorial cohesion;
Amendment 195 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point e
Article 16 – paragraph 3 – point e
(e) whether the justification provided by the Member State on the amount of the estimated total costs of the recovery and resilience plan submitted is reasonable and plausible, as well as a payment plan in accordance with legislation, and is commensurate to the expected impact on the economy and employment;
Amendment 196 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point f
Article 16 – paragraph 3 – point f
(f) whether the recovery and resilience plan contains measures for the implementation of reforms and public investments projects that represent coherent actions, and they might as well help job growth and the development of a knowledge based society;
Amendment 198 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point g
Article 16 – paragraph 3 – point g
(g) whether the arrangements proposed by the Member States concerned are expected to ensure an effective implementation of the recovery and resilience plan, including the envisaged timetable, payment plan, milestones and targets, and the related indicators.
Amendment 207 #
2020/0104(COD)
(f) the arrangements for providing access by the Commission to the underlying relevant data, from the regional, local and national administrations.
Amendment 63 #
2019/2206(INI)
Motion for a resolution
Recital D
Recital D
D. whereas there have been significant shortcomings in the implementation of the Dublin III Regulation, including during the COVID-19 crisis, undermining during the migration crisis in 2015 and during the COVID-19 crisis, undermining the trust between the Member States and the right to international protection and leading to violations of fundamental rights;
Amendment 69 #
2019/2206(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 93 #
2019/2206(INI)
Motion for a resolution
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Stresses that EU migration policy must distinguish between people seeking protection and economic migrants; notes that only 38 percent of the asylum seekers in the EU where granted asylum in the first instance; underlines that this undermines the intentions of the EU asylum system as a whole as well as the Dublin III regulation;
Amendment 110 #
2019/2206(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at EU level; deplores the fact that efforts to overhaul the Dublin III Regulation have been blocked in the Councilcalls for a swift adoption of the new pact on asylum and migration;
Amendment 116 #
2019/2206(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the crisis management tool provided for in Article 33 did not provide effective support to the Member States, during the crisis in 2015 nor did it offer a response to the consequences of the COVID-19 crisis; considers that a solidarity-based crisis management mechanism, endowed with a financial instrument managed by the Commission, should be established to ensure continuity of the right of asylum in the EU under the best possible conditions;
Amendment 148 #
2019/2206(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission and the Member States to ensure that in a future EU migration system, the majority of asylum-seekers’ applications should be made at the Union’s external borders, or in the transit zone of a Member State prior to a decision on the entry of the applicant; underlines that such a system would make Dublin procedures more efficient;
Amendment 221 #
2019/2206(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that further harmonisation of the Member States´ asylum systems is key to a functioning Dublin III regulation and preventing secondary movements; calls on the Commission to ensure that treatment of asylum seekers is equal across the EU in relative terms;
Amendment 231 #
2019/2206(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to evaluate EU migration policy, including any push and pull factors in order to prevent an overload of the Dublin system; Stresses that the EU should, as part of a coherent “Africa Strategy”, resume the discussion about regional disembarkation platforms on both sides of the Mediterranean where asylum seekers can be received safely and their claims assessed in an efficient, dignified and humane way;
Amendment 254 #
2019/2206(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that closer cooperation between national asylum authorities is needed, in order to share information and streamline transfers; proposes that EASO be given the task of drawing up enhanced governance arrangements for the application of the Dublin III Regulation, including a monthly operational dialogue between national authorities, and a platform for the exchange and sharing of information and best practices; notes that the non-coordinated use of the Dublin Units prevents the Dublin III Regulation to function efficiently;
Amendment 265 #
2019/2206(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that some two-thirds of asylum applications are submitted by nationals of safe countries who have arrived in the EU on a visa or visa waiver; considers that these manifestly unfounded applications contribute to the overloading of asylum systems; calls on the Commission and the Member States to make asylum and visa policies more consistent and further evaluate the EU´s visa policy in order to reduce the number of unfounded asylum applications;
Amendment 275 #
2019/2206(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Proposes that EASO be given an expanded role in analysing the flows of and pathways taken by asylum seekers, in order to better anticipate and understand pressures on asylum systems and to make the Dublin III Regulation become more efficient;
Amendment 285 #
2019/2206(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses the importance of drawing up preventive action plans by the Member States, with the support and coordination of the Commission, that will include bilateral agreements with third countries as part of the tools aimed at addressing particular pressure on a Member State's asylum system, allowing for better preparedness in the event of a potential asylum crisis situation;
Amendment 1 #
2019/2188(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. whereas equality between women and men and non-discrimination are founding values of the European Union,as expressed in the Treaty of the European Union and the Fundamental RightsCharter;
Amendment 2 #
2019/2188(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. whereas equal opportunities deriving from the above need to continue being promoted in order to reduce inequalities;
Amendment 4 #
2019/2188(INI)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 c. whereas recalling the recommendations of the European Pillar of Social Rights on gender equality, equal opportunities and active support to employment;
Amendment 5 #
2019/2188(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the gender pay gap in the 28 EU Member States stands at 15.7 %, and the average gender employment gap at 11.5%, that women are more affected by flexible work forms, atypical and flexible contracts (zero-hour contracts, temporary work, part-time work, etc.) than men, and that women are more likely to experience poverty and fall into the category of the poorest workers as a result of these low- security contracts; combined with other intersectional elements such as single family household, carer for dependant parent, women with disabilities, women with low education or insufficient care services provisions;
Amendment 16 #
2019/2188(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that, following the global economic and financial crisis in 2008, in- work poverty in the EU increased from 8 % to 10 %, and that the current unprecedented global COVID-19 pandemic will have even greater economic and financial consequences, which will have a direct impact in terms of increasing poverty, especially among women and the other most vulnerable groups in society, as its effects will be felt most keenly by workers in the service sector, the self- employed, temporary and seasonal workers, etc., among whom a higher proportion are women, this also in various other economic sectors which will be impacted through job losses, wage and/or working time reduction as well as through increased care services needs during the pandemic;
Amendment 25 #
2019/2188(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses the importance of gender mainstreaming and tailoring the economic policy response to the COVID- 19pandemic to adapt it to the specific needs of women, to the structure of their economic activities, such as for example by boosting microfinancing for women entrepreneurs;
Amendment 28 #
2019/2188(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that, although poverty rates among women vary considerably from one Member State to another, the risk of poverty in the risk groups to which older women, single women and single mothers, homosexual, bisexual and transgender women and women with disabilities belong is the same; high, the average trend being that women are more affected than men by the risk of poverty and social exclusion (22,8% in 2018 in the EU), this combined with other intersectional risk factors such as inactivity, lack of care services provision for children and dependant family, thus observing that some specific categories are more vulnerable to poverty risks;
Amendment 39 #
2019/2188(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that, according to Eurostat, there are currently 64.6 million women and 57.6 million men living in poverty in the EU Member States, which shows that the impact of poverty on women and men is different, those numbers show the scale of women affected and have to be examined together with other indicators (such as age, life expectancy, income inequalities, gender pay gap, type of household, social transfers) to understand their full significance and in order to find ways to address them in each of its components;
Amendment 45 #
2019/2188(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with concern that poverty among women increases with age, with the gender pension gap remaining at around 39 %, representing the accumulation of various inequalities experienced throughout work life (job intensity, duration of work, gender pay gap, periods of absence from labour market), this being one of the factors behind the higher poverty faced by women in general; stresses therefore the need for awareness about consequences of women’s choices in the labour market and the importance of their economic independence to prevent from poverty and social exclusion;
Amendment 51 #
2019/2188(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that in work poverty can be addressed at some of its root causes and components, such as education, training, care services which are determinant and have thus to be considered in policy making;
Amendment 52 #
2019/2188(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Points out the importance of promoting women’s empowerment through women’s education, training, life-long learning, which are of vital importance in order to fight stereotypes and combat persisting inequalities together with addressing women’s employment rate and underrepresentation in certain sectors like STEM and AI;
Amendment 55 #
2019/2188(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that female poverty is a multifaceted problem directly influenced by unequal access to property, career breaks due to the raising and care of children, caring for sick and dependent persons, and segregation in education and, subsequently, in the labour market, which means that women account for the largest share of low-paid workers, therefore in order to reduce persisting inequalities and the feminisation of poverty, actions and policies have to be promoted in various fields and steps, starting from education and training to systematically address labour market segregation;
Amendment 80 #
2019/2188(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to come forward as soon as possible with proposals to close the gender pay gap. by championing the principle of equal pay for equal work for men and women and welcomes its commitment to take action in the recently announced Gender Equality Strategy, awaits for the proposal on a binding framework for pay transparency, with due account to the impact of COVID 19 pandemic, as well as for the other measures to tackle women’s labour market participation and to promote equal opportunities;
Amendment 91 #
2019/2188(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Urges the Commission and Member States to effectively address inequalities women face, tackling their main components thus barriers in the labour market, as well as access to affordable and quality services such as child care and long term care service;
Amendment 93 #
2019/2188(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the Commission and the Member States to ensure that the EU legislation on gender equality with a direct impact on women participation in the labour market, such as the directive on work-life balance, is implemented and its progress closely monitored;
Amendment 94 #
2019/2188(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Calls on the Commission and the Member States to systematically examine and address women’s in-work poverty in all its forms and causes;
Amendment 95 #
2019/2188(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Calls on the Commission to prepare an EU strategy for carers, following the social impacts of the changes or loss of employment, particularly for those with caring responsibilities who are disproportionately women;
Amendment 3 #
2019/2169(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
— having regard to the UN 2030 Agenda for Sustainable Development and the Sustainable Development Goals (SDGs) thereof, in particular goal 5 and its targets and indicators,
Amendment 10 #
2019/2169(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to its resolution of 30 January 2020 on the gender pay gap,
Amendment 11 #
2019/2169(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
— having regard to its resolution of 13 February 2020 on the EU priorities for the 64th session of the UN Commission on the Status of Women,
Amendment 16 #
2019/2169(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
— having regard to its resolution of 17 December 2015 on external factors that represent hurdles to European female entrepreneurship,
Amendment 17 #
2019/2169(INI)
Motion for a resolution
Citation 21 b (new)
Citation 21 b (new)
— having regard to its resolution of 8 March 2017 on women and their roles in rural areas,
Amendment 18 #
2019/2169(INI)
Motion for a resolution
Citation 21 c (new)
Citation 21 c (new)
— having regard to its resolution of 24 October 2018 on care services in the EU for improved gender equality,
Amendment 20 #
2019/2169(INI)
Motion for a resolution
Citation 23
Citation 23
— having regard to the European Pillar of Social Rights and, in particular, its principles 1, 2, 3, 6, 9, 11, 12 and 915,
Amendment 36 #
2019/2169(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Member States on average scored 67.4 out of 100 in the EU Gender Equality Index 2019, a score which has improved by just 5.4 points since 2005;
Amendment 43 #
2019/2169(INI)
Motion for a resolution
Recital B
Recital B
B. whereas structures and stereotypes throughout the world perpetuate inequality, and whereas overcoming these structures and stereotypes will advance gender equality; whereas it is important to examine the persistence and root causes of the leaky pipeline phenomenon; whereas a strong women’s rights movement is needed to uphold democratic values, fundamental rights and women’s rights in particular, and whereas threats to women’s rights also represent threats to democracy;
Amendment 61 #
2019/2169(INI)
Motion for a resolution
Recital D
Recital D
D. whereas violence against women in all its forms (physical, sexual, psychological or cyber violence) is a violation of human rights and one of the biggest obstacles to achieving gender equality; whereas a life free from violence is a prerequisite for equality; whereas disinformation campaigns on gender equality also focus on the issue of violence against women, as has been seen in relation to the Istanbul Convention;
Amendment 77 #
2019/2169(INI)
Motion for a resolution
Recital E
Recital E
E. whereas traditional gender roles and stereotypes still influence the division of labour at home, in education, at the workplace and in society; whereas unpaid care work, mostly carried out by women, contributes to the gender pay and pension gap; whereas work-life balance measures, such as the Work-life Balance Directive, are important first steps, but need to be first and foremost properly transposed into national systems of the EU Member States, fully implemented on time and also complemented by further measures in order to involve more men in unpaid work, care duties and to foster the equal earner – equal carer model;
Amendment 82 #
2019/2169(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas estimates show that 80% of all care across the EU is provided by informal carers that are mostly women (75%), indicating the existence of a gender care gap strongly influencing gender pension gap; whereas more than 50% of carers under 65 combine care with employment this way performing a difficult balancing act; whereas carers may prefer low-skilled and low-paid jobs, which can be adapted to their caregiving schedule, as well as be obliged to reduce their working hours or leave paid work; whereas between 7% and 21% of informal carers reduce their working hours and between 3% and 18% withdraw from the labour market;
Amendment 88 #
2019/2169(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the provision of quality care in the EU varies greatly both within and between the Member States, between private and public settings, urban and rural areas, and different age groups; whereas the data on provision of care in the EU are rather fragmented, also a holistic approach is missing to address the demographic challenges the EU is facing with the resultant pressure on public expenditure;
Amendment 90 #
2019/2169(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas the EU gender gap in hourly pay is 16 %, although this varies significantly across Member States; whereas the gender pay gap rises to 40 % when employment rates and overall labour market participation are considered; whereas the ramifications of the gender pay gap include a 37 % gender gap in pension income;
Amendment 92 #
2019/2169(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the participunderrepresentation of women in the labour market does not secureis followed by their unequal participation in decision- making and therefore limits women’s potential to change economic, political, social and cultural structures; whereas vertical and horizontal segregation in employment and discriminatory practices in recruitment and promotion are one of the main causes of the gender pay gap;
Amendment 99 #
2019/2169(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas there is an economic argument in women’s full participation in the economy, as gender employment gap costs Europe €370 billion per year1a; _________________ 1a https://www.eurofound.europa.eu/news/ne ws-articles/gender-employment-gap-costs- europe-eu370-billion-per-year
Amendment 102 #
2019/2169(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas women constitute only 34,4% of the EU self-employed and 30% of start-up entrepreneurs;
Amendment 103 #
2019/2169(INI)
Motion for a resolution
Recital G
Recital G
G. whereas poverty in Europe disproportionately affects women, in particular single mothers, women with disabilities, and elderly, migrant and ethnic minority women; whereas 15% of households with children at EU level are single-parent households; whereas on average, 85% of these households are run by single mothers, while 47% of single parent households were at risk of poverty or social exclusion in 2017; whereas women’s homelessness is a growing problem;
Amendment 128 #
2019/2169(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas women in rural areas face numerous challenges, including limited employment opportunities, poorer access to services, less developed infrastructure and underrepresentation indecision- making fora; whereas they may perform invisible work in the farms due to a lack of a status for assisting spouses allowing their work to be recognised by national systems;
Amendment 130 #
2019/2169(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas 46 million women and girls with disabilities live in the European Union; whereas this figure represents nearly 60% of the overall population of persons with disabilities; whereas most of disabilities are acquired with age;
Amendment 131 #
2019/2169(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the Gender Equality Index for 2019 reveals persistent inequalities between men and women in the digital sector; whereas closing the digital gender gap and guaranteeing women’s digital rights is of paramount importance, given the occurrence of discrimination resulting from biased data sets, models and algorithms in artificial intelligence (AI); whereas programmers in AI need to be aware of unconscious biases and stereotypes in order to avoid reproducing and reinforcing them; whereas the transformation and digitalisation of the labour market and the economy can deepen existing economic gaps and labour market segregation; with better access to technology and Internet for girls and women is of paramount importance; whereas women are an untapped resource in emerging fields, such as digital, AI and ICT, with women accounting for just 16% of the almost 8 million people working in ICT in Europe; whereas the share of men working in the digital sector is three times greater than the share of women; whereas boosting more women into digital sector and or other sectors of the future is vitally important to fight gender pay and pension gaps and guarantee their economic independence; whereas by integrating more women into the digital jobs market, there is potential for a €16 billion GDP boost to the European economy; whereas gender inequalities and discrimination have been reproduced through the design, input and use of artificial intelligence (AI);whereas incomplete datasets and incorrect bias can distort an AI system reasoning and jeopardise gender equality in society;
Amendment 142 #
2019/2169(INI)
Motion for a resolution
Recital K
Recital K
K. whereas gender mainstreaming, gender budgeting and gender impact assessments are essential tools for achieving gender equality in all EU policy areas; whereas this is especially important for the socio-economic measures taken in the aftermath of the COVID-19 health crisis;
Amendment 148 #
2019/2169(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas collecting gender- disaggregated data is of utmost importance for a gender-focused approach in all issues at stake, such as amongst others gender-based violence, disabilities, cancer and rare or chronic diseases, the impact of climate change, digital skills and STEM;
Amendment 154 #
2019/2169(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas gender equality is addressed in EU policies through various EU funds and instruments, and whereas enabling optimal synergies between those in the gender equality area is a very important tool;
Amendment 163 #
2019/2169(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the priority given to gender equality by the new commission and its president as well as the nomination of a dedicated commissioner for equality, and awaits the annual report on equality as a useful evaluation tool to evaluate progress and spot the existing gaps and the needs for gender mainstreaming in policy framework;
Amendment 168 #
2019/2169(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the announcement of several complementary strategies and calls for a strategic framework to connect them, and for an intersectional approach to be adopted in all of them; stresses the importance to monitor the situation and flexibly adapt to the results as well as to the upcoming challenges, using current policies or suggesting new tools, as the recent COVID crisis has shown;
Amendment 179 #
2019/2169(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Regrets that the strategy remains vague on the issue of timelines for several, highly welcomed, measures; calls, therefore, on the Commission to establish a concrete roadmap, with timeframes and additional targeted actions, as well as guidelines on how to implement the intersectional approach effectively;
Amendment 184 #
2019/2169(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses however the need for a opportunities-based approach of the Gender Equality Strategy; asks the Commission to take ‘equal opportunities for women’ as the starting point to further roll out the strategy;
Amendment 189 #
2019/2169(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Stresses the need to allocate adequate funding with due attention to women's needs within in the next MFF, including the EU cohesion policy and CAP, the Citizens Equality Rights and Values programme, Horizon Europe, InvestEU; calls on the Commission to continue its efforts in implementing gender budgeting as an integral part of the budgetary procedure across with improved monitoring of spending on gender equality, following its commitments in the Gender Equality Strategy; calls on the Commission and the EU Member States to take due account of women's needs while designing and distributing funds agreed within the ‘Next generation EU’ recovery plan for Europe;
Amendment 191 #
2019/2169(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. We may equally call to incorporate within the Commission's monitoring process Gender Equality Index by EIGE, develop gender pension gap indicator, following Parliament's recommendations in its resolution of 14 June 2017 on the need for an EU strategy to end and prevent the genderpension gap, to be monitored within GES as the only one accumulating all inequalities women experience throughout their lives, consider also other indicators on gender pay and care gaps, gender digital divide etc.;
Amendment 222 #
2019/2169(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the scope and impact of violence and harassment in the workplace; ptherefore calls on the Member States to ratify the recently adopted International Labour Organisation (ILO) Conventions 190 on harassment and violence in the workplace; Points out that informal carers, domestic workers and farm workers, among others, in particular lack protection and therefore calls on the Member States to adopt International Labour Organisation (ILO) Conventions 190 and 189, in order to strengthen the rights of workers, especially women, in the informal economy;
Amendment 229 #
2019/2169(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the proposed specific measures to tackle cyber violence which disproportionally affects women and girls (including online harassment, cyberbullying and sexist hate speech); welcomes in this regard the announcement to work with the tech platforms and the ICT sectors, in order for the latter to address the issue through adequate technical measures such as prevention techniques and response mechanisms to harmful content; calls for binding legislative measures to combat these forms of violence and to support Member States in the development of training tools for the services involved at all stages from prevention and protection to prosecution, such as police force, the justice system andtogether with the information and communication technology sector;
Amendment 234 #
2019/2169(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the proposed 2020 EU Strategy for Victims; asks in particular a specific approach for psychological violence on women and the impact on their mental health on the long run; stresses the need to address current gaps in EU legislation with regards to international standards on violence against women, such as the Istanbul Convention, with a view of enhancing the legislation on victims’ rights, protection and compensation of victims; stresses the need for all victims to have access to justice through the implementation of the Victims Rights Directive, which is still incomplete in some Member States;
Amendment 236 #
2019/2169(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Asks for continuing the promotion of the victims’ rights also through the existing instruments such as the European Protection Order;
Amendment 252 #
2019/2169(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomesUnderlines the need to collect disaggregated data on all forms of gender-based violence; welcomes in this regard the announcement of a new EU- wide survey on the prevalence and dynamics of violence against women;
Amendment 259 #
2019/2169(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines the fact that violence against women is often the main reason why women experience homelessness; therefore urges the Commission to take the necessary measures to prevent violence against women leading to or prolonging homelessness;
Amendment 270 #
2019/2169(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission, the Parliament and the Council to closely examine women's needs and participation in the labour market as well as horizontal and vertical labour market segregation while designing programmes within the next Multiannual financial framework as well as the recovery plan Next Generation EU;
Amendment 277 #
2019/2169(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the EU Member States to timely and effectively transpose the work- life balance Directive as well as on the Council to effectively monitor its implementation;
Amendment 278 #
2019/2169(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Calls on the Commission to collect data on the provision of different types of care (childcare, care for older people and persons with disabilities or persons requiring long term care), feeding into a study examining the care gap to inform an initiative for a European Care Strategy; notes that the strategy in question has to respect the competences of the Members States as laid in the Treaties but would aim to improve the cooperation and coordinator of all measures which could be beneficial for the EU informal carers and the people they are taking care of; stresses that cooperation at European level together with the efficient use of EU funds can contribute to the development of quality, accessible and affordable care services;
Amendment 287 #
2019/2169(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the Commission’s commitment to table binding measures on pay transparency by the end of 2020, with the proviso that for all measures taken, the impact on small and medium-sized enterprises must be assessed and appropriate exemptions provided for; points out, however, that the issue of equal pay for equal work or work of equal value across different occupational sectors still needs to be addressed; strongly recommends the inclusion of the principle of equal pay for work of equal value between women and men, which could be defined as follows: ‘Work shall be deemed of equal value if, based on a comparison of two groups of workers which have not been formed in an arbitrary manner, the work performed is comparable, taking into account factors such as the working conditions, the degree of responsibility conferred on the workers, and the physical or mental requirements of the work’; points out that gender-neutral job evaluation tools and classification criteria need to be developed for this purpose;
Amendment 308 #
2019/2169(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges the Commission to campaign for more women in economic decision- making positions by highlighting the economic and societal advantages thereof, and sharing best practices, in order to break the deadlock on the Women on Boards directive; urges the Commission to continue working with the Member States as well as current and incoming EU presidencies to urgently unblock the deadlock in Council and adopt the proposed Directive on “Women on Boards”;
Amendment 317 #
2019/2169(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls upon the Commission to advance female entrepreneurship and access to loans and equity finance through EU programme sand funds; stresses on the need of awareness raising regarding the existing and future EU funding possibilities for women and girls entrepreneurs;
Amendment 322 #
2019/2169(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the support for gender parity in elected bodies such as the European Parliament and stresses that it must serve as a role model in this regard; notes the efforts made in that sense in the composition of the current European Commission;
Amendment 324 #
2019/2169(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for women also to be able to fulfil their life plans in rural areas; points out that the requisite infrastructure for this must be available, new areas of business developed, the return to work facilitated and the participation of a whole range of cooperation partners encouraged in order to create sources of income and employment close to their homes for women in rural areas and improve social cohesion in villages;
Amendment 336 #
2019/2169(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls for the structure of traditional gender norms and gender- specific attribution of jobs and activities to be further broken down with the aim of overcoming persisting prejudices and gender stereotypes; stresses the importance of sensitising all those involved in the process of selecting study courses and careers in this regard;
Amendment 338 #
2019/2169(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Urges the Commission to ensure the adoption of concrete gender mainstreaming measures in the implementation of the Single Market Strategy and the Digital Agenda;
Amendment 339 #
2019/2169(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Welcomes the Commission’s commitment to use Horizon Europe to provide insights and solutions on addressing potential gender biases in AI; asks, however, to use all possible funding to support projects which encourages girls and women to improve their digital skills, and which makes them familiar with STEM;
Amendment 348 #
2019/2169(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission, the Parliament and the Council to create a thematic sub-programme for women in rural areas through the Common Agricultural Policy Strategic Plans financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD); stresses that this sub-programme would seek to encourage women’s employment and female entrepreneurship using opportunities linked to agro-tourism and the development of digital villages, improving female farmers’ access to land, credit and financial instruments, skills and performance through education, training and advisory services, increased participation in local action groups and the development of local partnerships under the Leader programme; calls in this regard for earmarking EU funds for better living and working conditions in rural areas, including better access to services and development of infrastructure, with a particular focus on access to broadband internet as well as supporting entrepreneurial initiatives and access to credit, thereby empowering women in rural areas; calls on the Member States to exchange best practices on professional status for assisting spouses in the agricultural sector, thereby addressing women’s social security rights, including maternity leave or pension entitlements, as well as requests that the Commission prepares guidance in this regard;
Amendment 353 #
2019/2169(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Commission to have a specific approach for single mothers, as single mothers are particularly economically vulnerable as they often earn less than men and are more likely to leave the labour market when they become a parent; calls on the Commission to enhance in this regard the enforcement of existing legal tools on cross-border collection of alimony, with public awareness raising of their availability; urges the Commission to work closely with the Member States to identify practical problems linked with alimony collection in cross-border situations and to develop tools to effectively enforce payment obligations;
Amendment 375 #
2019/2169(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that tax policies have varying impacts on different types of households; stresses that individual taxation is instrumental in terms of achieving tax fairness for womenwelcomes the Commission's commitment to develop guidance for Member States on how national tax and benefits systems may impact financial incentives or disincentives for second earners;
Amendment 383 #
2019/2169(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Urges the need to further incorporate the gender perspective in the upcoming Disability Equality Strategy 2021, with due attention to improved access to the labour market through targeted measures and actions;
Amendment 384 #
2019/2169(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Asks the Commission to reach in particular the most vulnerable women; calls, therefore, to make sure that all relevant actions of the strategy leave no woman behind;
Amendment 385 #
2019/2169(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Asks the Commission, in light of the proven benefits of human milk for new-borns, to promote breastfeeding, especially for preterm infants; calls on the Commission to support policies which enhance uptake of human milk both breastfeeding and donated milk for preterm infants and to promote the cross- border use of milk banks to ensure that women in border regions can avail of this support when necessary;
Amendment 426 #
2019/2169(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes a values-based EU trade policy with a high level of protection of labour and environmental rights as well as the respect of fundamental freedoms and human rights, including gender equality; recalls that all EU trade and investment agreements must be gender mainstreamed and include an ambitious and enforceable chapter on trade and sustainable development (TSD); welcomes the Commission’s commitment to ensuring for the first time the inclusion of a specific chapter on trade and gender equality in the modernised Association Agreement with Chile, and to; stresses that it should be properly implemented, evaluated and assessed in practice before/ with the view of promoting and supporting the inclusion of such chapters in all further EU trade and investment agreements;
Amendment 429 #
2019/2169(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Welcomes the upcoming Gender Action Plan III building on the current GAP II, as a key instrument for promoting gender equality and women and girls’ empowerment in external relations in, tackling women's and girls' rights through four pivotal areas: girls’ and women’s physical and psychological integrity, including fight against female genital mutilation; promoting the economic and social rights and the empowerment of girls and women; strengthening girls’ and women’s voice and participation; and a horizontal pillar consisting of shifting the institutional culture of the Commission services and the EEAS in order to more effectively deliver on the EU’s commitments;
Amendment 78 #
2019/2167(INI)
Motion for a resolution
Recital I
Recital I
I. whereas in the EEAS, men hold 75 % of middle management positions and 87 % of senior management posts; whereas the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) committed to reaching the target of 40 % of management positions being held by women by the end of his mandate; whereas the most recent appointments he made resulted in a structure with exclusively male Deputy Secretary- Generals;
Amendment 85 #
2019/2167(INI)
Motion for a resolution
Recital J
Recital J
Amendment 100 #
2019/2167(INI)
Motion for a resolution
Recital L
Recital L
Amendment 151 #
2019/2167(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the need to ensure continued commitment at the highest political levels to the implementation of GAP III; requests that GAP III specify that 85 % ofprogrammes under the official development assistance (ODA) should go to programmes which have gender equality as a significant or as a principal objective, and that, within this broader commitment, 20 % of ODA should be allocated to programmes with gender equality, including SRHR, as a principal objective should be considered in the GAP III; calls for further targeted actions to achieve gender equality; calls, furthermore, for the new plan to strengthen qualitative analyses and to move beyond the ‘box ticking’ logic to assess the real impact of such programmes in advancing gender equality;
Amendment 191 #
2019/2167(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the work done by the EEAS Principal Adviser on gender; regrets, however, the limited capacity in terms of staff and resources assigned to this position, and calls for its holder to report directly to the VP/HR; calls on the VP/HR to create an organisational division within the EEAS on gender equality and the WPS agenda, and to have a full-time gender adviser in each EEAS Directorate, reporting directly to the Principal Adviser;
Amendment 199 #
2019/2167(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the EEAS Gender and Equal Opportunities Strategy 2018-2023, but regrets the lack of specific and measurable objectives; calls for it to be updated in order to include concrete and binding goals on the presence of women in management positions; recommends a target of 50 % of management positions being held by women, including as Heads of Delegation and Heads of CSDP missions and operations; regrets, in addition, the absence ofengages a discussion about other diversity targets and ofabout overall diversity in the EU institutions, especially regarding race, ability and ethnic backgrounds;
Amendment 207 #
2019/2167(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the VP/HR to ensure that Heads of EU Delegations abroad have a formal responsibility to ensure gender equality is mainstreamed throughout all aspects of the delegation’s work and that they be 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;
Amendment 246 #
2019/2167(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the EU Delegations to monitor the backlash againststate of gender equality and SRHR and the tendency towards shrinking space forthe situation of the civil society, and to take specific steps to protect them; urgecalls the Commission, the EEAS, the Member States and Heads of EU Delegations to ensure political and financial support to local CSOs, including women’s organisations and human rights defenders, and to make cooperation and consultation with them a standard element of their work;
Amendment 178 #
2019/2157(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that over 10% of the EU's greenhouse gas emissions are stored by sustainably, actively-managed forests; larger areas of healthy forest mean increased CO2 sequestration, thus making them an effective instrument in the fight against climate change;
Amendment 188 #
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 further promote and increase CO2 sequestration in forests, and carbon storage in wood-based products and theby means of active, substitution ofainable forest management and to substitute fossil-based materials and energy;
Amendment 194 #
2019/2157(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Therefore calls for the promotion of the circular use of wood products in order to foster resource-efficiency, waste reduction and an extension of the carbon life cycle with the aim of creating a sustainable bioeconomy;
Amendment 255 #
2019/2157(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes that safeguarding and sustainably managing our forests is a core part of our general well-being, as they are a home for public-interest activities in the field of leisure and health as well as education;
Amendment 329 #
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 and climate- resistant, for example through research and innovation and by offering better support mechanisms for affected areas and properties, such as special disaster funds, so they can be restored;
Amendment 344 #
2019/2157(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls therefore on the Commission and the Member States to set up an emergency mechanism to ensure that, after damage occurs, less-valuable wood can be used in such a way that it helps foresters as well as contributing to climate protection;
Amendment 441 #
2019/2157(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls for the import of illegally- acquired timber to be included in trade agreements, with sanctions to be imposed in the event of infringements;
Amendment 201 #
2019/0254(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) In the event that a proposal for a Council regulation laying down the multiannual financial framework for the years 2021 to 2027 and the related proposal for a regulation of the European Parliament and of the Council [CAP Strategic Plan Regulation] have not been adopted and published in the Official Journal of the European Union by 30 November 2020, the transitional period originally proposed in this Regulation ending on 31 December 2021 should be extended by a further year to 31 December 2022. In that case, the corresponding transitional rules and conditions applicable to the original transitional period should continue to apply during the extended transitional period and the budget allocations and applicable time frames should be adapted accordingly.
Amendment 206 #
2019/0254(COD)
Proposal for a regulation
Article -1 (new)
Article -1 (new)
Article -1 Transitional period For the purpose of this Regulation, ‘transitional period’ means the period starting on 1 January 2021 and ending on 31 December 2021. By way of derogation from paragraph 1 of this Article, and only in the event that the proposal for a Council regulation laying down the multiannual financial framework for the years 2021 to 2027 and the proposal for a regulation of the European Parliament and of the Council establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Regulation (EU) No 1307/2013 of the European Parliament and of the Council have not been adopted and published in the Official Journal of the European Union by 30 November 2020, the transitional period for the purpose of this Regulation shall be extended to 31 December 2022. In the event that the transitional period is extended in accordance with the first subparagraph, the corresponding transitional rules and conditions applicable to the original transitional period for the calendar year 2021 shall continue to apply during the extended transitional period in the calendar year 2022 and the budget allocations and applicable timeframes shall be adapted accordingly.
Amendment 207 #
2019/0254(COD)
Proposal for a regulation
Article -1 a (new)
Article -1 a (new)
Article -1a Technical extension of the period for implementation of CAP Strategic Plans If the proposal for a Council regulation laying down the multiannual financial framework for the years 2021 to 2027 and the proposal for a regulation of the European Parliament and of the Council establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Regulation (EU) No 1307/2013 of the European Parliament and of the Council have been adopted and published in the Official Journal of the European Union by 30 November 2020, the national strategic plans must be implemented by 31 December 2021. If, during the preparation of the national strategic plans, Member States conclude that the transitional period set is not sufficient for the preparation of the national strategic plans, Member States may decide at EU level to extend the transitional period by a further year to 31 December 2022. In the event that the transitional period is extended, the corresponding transitional rules and conditions applicable to the original transitional period for the calendar year 2021 shall continue to apply during the extended transitional period and the budget allocations and applicable timeframes shall be adapted accordingly.
Amendment 371 #
2019/0254(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 2 – point a
Article 10 – paragraph 1 – point 2 – point a
Regulation (EU) No 1307/2013
Article 14 – paragraph 1 – subparagraph 6 a
Article 14 – paragraph 1 – subparagraph 6 a
By 31 AugustDecember 2020, Member States may decide to make available, as additional support financed under the EAFRD in financial year 2022, up to 15 % of their annual national ceilings for calendar year 2021 set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments. That decision shall be notified to the Commission by 31 AugustDecember 2020 and shall set out the percentage chosen. Or. de (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R1307- 20190301&from=EN)
Amendment 373 #
2019/0254(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 2 – point a a (new)
Article 10 – paragraph 1 – point 2 – point a a (new)
Regulation (EU) No 1307/2013
Article 14 – paragraph 1 – subparagraph 6 b (new)
Article 14 – paragraph 1 – subparagraph 6 b (new)
Amendment 375 #
2019/0254(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 2 – point b
Article 10 – paragraph 1 – point 2 – point b
Regulation (EU) No 1307/2013
Article 14 – paragraph 2 – subparagraph 6 a
Article 14 – paragraph 2 – subparagraph 6 a
By 31 AugustDecember 2020, Member States which do not take the decision referred to in paragraph 1 for financial year 2022, may decide to make available as direct payments up to 15 %, or in the case of Bulgaria, Estonia, Spain, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Finland and Sweden up to 25 %, of the amount allocated to support financed under the EAFRD in financial year 2022 by Union legislation adopted after the adoption of Council Regulation (EU) [xxxx/xxxx]*[MFF]. As a result, the corresponding amount shall no longer be available for support financed under the EAFRD. That decision shall be notified to the Commission by 31 AugustDecember 2020 and shall set out the percentage chosen. (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R1307-Or. de 20190301&from=EN)
Amendment 377 #
2019/0254(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 2 – point b a (new)
Article 10 – paragraph 1 – point 2 – point b a (new)
Regulation (EU) No 1307/2013
Article 14 – paragraph 2 – subparagraph 6 b (new)
Article 14 – paragraph 2 – subparagraph 6 b (new)
Amendment 179 #
2018/0329(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Where there are no reasons to believe that the granting of a period for voluntary departure would undermine the purpose of a return procedure, voluntary return should be preferred over forced return and an appropriate period for voluntary departure of up to thirty days, depending in particular on the prospect of return, should be granted. A period for voluntary departure should not be grantedMember States should ensure that those third-country nationals where it has been assessed that third- country nationalsey pose a risk of absconding, have had a previous application for legal stay dismissed as fraudulent or manifestly unfounded, or that they pose a risk to public policy, public security or national security in particular on grounds of terrorism or serious crime, are not be granted a period for voluntary departure. An extension of the period for voluntary departure should be provided for when considered necessary because of the specific circumstances of an individual case.
Amendment 195 #
2018/0329(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States should ensure that persons facing return procedures do not intentionally and fraudulently exploit factors that might be considered as potentially increasing their vulnerability
Amendment 256 #
2018/0329(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Detention should be imposed, following an individual assessment of each case, where there is a risk of absconding, where the third-country national avoids or hampers the preparation of return or the removal process, or when the third country national concerned poses a risk to public policy, public security or national security, especially if belonging to terrorist or serious crime networks. This should also apply to minors between the age of 16 and 18, who have repeatedly committed criminal offences, thereby proving their unwillingness to abide by the law.
Amendment 269 #
2018/0329(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Given that maximum detention periods in some Member States are not sufficient to ensure the implementation of return, a maximum period of detention between three and sixtwelve months, which may be prolonged, should be established in order to provide for sufficient time to complete the return procedures successfully, without prejudice to the established safeguards ensuring that detention is only applied when necessary and proportionate and for as long as removal arrangements are in progress.
Amendment 275 #
2018/0329(COD)
Proposal for a directive
Recital 30
Recital 30
(30) This Directive should not precludeencourages Member States fromto laying down effective, proportionate and dissuasive penalties and criminal penalties, including imprisonment, in relation to the infringements of migration rules, especially with regard to convicted terrorists, organised crime offenders and offenders of severe crimes such as rape, provided that such penalties are compatible with the objectives of this Directive, do not compromise the application of this Directive and are in full respect of fundamental rights.
Amendment 294 #
2018/0329(COD)
Proposal for a directive
Recital 33
Recital 33
(33) To ensure effective return in the context of the border procedure, a period for voluntary departure should not be granted. However, a period for voluntary departure shouldmay be granted to third- country nationals who hold a valid travel document and cooperate fully with the competent authorities of the Member States at all stages of the return procedures. In such cases, to prevent absconding, third- country nationals should hand over the travel document to the competent authority until their departure.
Amendment 541 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point c a (new)
Article 9 – paragraph 4 – point c a (new)
(ca) This should particularly apply to third country nationals who have committed offences in several Member States or offences related to terrorism or serious crime.
Amendment 542 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point c b (new)
Article 9 – paragraph 4 – point c b (new)
(cb) This should also apply to third country nationals who have been convicted for benefit fraud by using multiple identities.
Amendment 548 #
2018/0329(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall take all necessary measures to enforce the return decision if no period for voluntary departure has been granted in accordance with Article 9(4) or if the obligation to return has not been complied with within the period for voluntary departure granted in accordance with Article 9. Priority shall be given to those third country nationals having been convicted for severe and repeated criminal offences, in particular terrorism. Those measures shall include all measures necessary to confirm the identity of illegally staying third-country nationals who do not hold a valid travel document and to obtain such a document.
Amendment 72 #
2016/0224(COD)
Proposal for a regulation
Recital 31a
Recital 31a
(31a) In order to increase the efficiency of procedures and to reduce the risk of absconding and the likelihood of unauthorised movements, there should be no procedural gaps between the issuance of a negative decision on an application for international protection and of a return decision. A return decision should immediately be issued to applicants whose applications are rejected. Without prejudice to the right to an effective remedy, the return decision should either be part of the negative decision on an application for international protection or, if it is a separate act, be issued at the same time and together with the negative decision in order to fulfil the time limits provided for in this regulation.’ The competent authorities shall take the necessary measures to ensure that the applicant is personally available to receive the decisions.’
Amendment 85 #
2016/0224(COD)
Proposal for a regulation
Recital 39a
Recital 39a
(39a) ‘In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who do not qualify for international protection in the Union is not unduly prolonged, including those who are nationals of third countries exempt from the requirement to be in a possession of a visa pursuant to Regulation (EU) No 2018/1806, Member States should accelerate the examination of applications of applicants who are nationals or, in the case of stateless persons, formerly habitual residents of a third country for which the share of decisions granting international protection is lower than 20% of the total number of decisions for that third country. Where a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data and taking into account the guidance note pursuant to Article 10 of Regulation XX/XX on the European Asylum Agency, or where the applicant belongs to a specific category of persons for whom the low recognition rate cannot be considered as representative of their protection needs due to a specific persecution ground, examination of the application should not be accelerated, unless the applicant is a danger to national security or public order. Cases where a third country may be considered as a safe country of origin or a safe third country for the applicant within the meaning of this Regulation should remain applicable as a separate ground for respectively the accelerated examination procedure or the inadmissible procedure.
Amendment 100 #
2016/0224(COD)
Proposal for a regulation
Recital 40a
Recital 40a
(40a) ‘ The purpose of the border procedure for asylum and return should be to quickly assess at the external borders whether applications are unfounded or inadmissible and to swiftly return those with no right to stay, while ensuring that those with well-founded claims are channelled into the regular procedure and provided quick access to international protection. Member States should therefore be able to requiroblige applicants for international protection to stay, inter alia, at the external border or in a transit zone in order to assess the admissibility of applications. In well-defined circumstances, Member States should be able to provide for the examination of the merits of an application and, in the event of rejection of the application, for the return of the third- country nationals and stateless persons concerned at the external borders.
Amendment 104 #
2016/0224(COD)
Proposal for a regulation
Recital 40b
Recital 40b
(40b) Member State should assess applications in a border procedure where the applicant is a danger to national security or public order, where the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negativen impact on the decision and where it is likely that the application is unfounded because the applicant is of a nationality for whom decisions granting international protection is lower than 20% of the total number of decisions for that third country. In other cases, such as when the applicant is from a safe country of origin or a safe third country, the use of the border procedure should be optional for the Member States. Member States should ensure that applications in a border procedure are examined in facilities designated at their discretion that allow for a necessary restriction of movement to prevent absconding.
Amendment 117 #
2016/0224(COD)
Proposal for a regulation
Recital 40c
Recital 40c
(40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants at or close to the external border or transit zones, in accordance with Directive XXX/XXX/EU [Reception Conditions Directive]. Member States may process the applications at a different location at the external border than that where the asylum application is made by transferring applicants to a specific location at or in the proximity of the external border of that Member States where appropriate facilities exist. Member States should retain discretion in deciding at which specific locations at the external borders such facilities should be set up, provided that appropriate capacities are guaranteed to prevent unauthorised movements. However, Member States should seek to limit the need for transferring applicants for this purpose, and therefore aim at setting up such facilities with sufficient capacity at border crossing points, or sections of the external border, where the majority of the number of applications for international protection are made, also taking into account the length of the external border and the number of border crossing points or transit zones. They should notify the Commission of the specific locations at the external border, transit zones or proximity of the external border where the border procedures will be carried out. In cases where the border procedure is applied and the capacity of the locations at or in proximity of the external border as notified by a Member State is temporarily exceeded, Member States may process those applications at another location within its territory, for the shortest time possible.
Amendment 122 #
2016/0224(COD)
Proposal for a regulation
Recital 40d
Recital 40d
Amendment 135 #
2016/0224(COD)
Proposal for a regulation
Recital 40e
Recital 40e
(40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks. This deadline should be understood as a stand-alone deadline for the asylum border procedure, encompassing both the decision on the examination of the application as well as the decision of the first level of appeal, if applicable. Within this period, Member States are entitled to set the deadline in national law both for the administrative and for the appeal stage, but should set them in a way so as to ensure that the examination procedure is concluded and that subsequently, if relevant, the decision on the first level of appeal is issued within this maximum 12 week. After that period, if the Member State nevertheless failed to take the relevant decisions, the applicant should in principle be authorised to enter the territory of the Member State. Entry into the territory should however not be authorised where the applicant has no right to remain, where he or she has not requested to be allowed to remain for the purpose of an appeal procedure, or where a court or tribunal has decided that he or she should not be allowed to remain pending the outcome of an appeal procedure. In such cases, to ensure continuity between the asylum procedure and the return procedure, the return procedure should also be carried out in the context of a border procedure for a period not exceeding 12 weeks. This period should be counted starting from twhe moment in which the applicant, third-country national or stateless person no longer has a right to remain or is no longer allowed to remainn the return decision have gained legal force.
Amendment 141 #
2016/0224(COD)
Proposal for a regulation
Recital 40f
Recital 40f
(40f) While the border procedure for the examination of an application for international protection can be applied without recourse to detention, Member States should nevertheless be able to apply the grounds for detention during the border procedure in accordance with the provisions of the [Reception Conditions] Directive (EU) XXX/XXX in order to decide on the right of the applicant to enter the territory. If detention is used during such procedure, the provisions on detention of the [Reception Conditions] Directive (EU) XXX/XXX should apply, including the guarantees for detained applicants and the fact that an individual assessment of each case is necessary, judicial control and conditions of detention. A Member State may, in accordance with national law, impose additional obligations on the applicant in order to prevent unauthorised movements.
Amendment 157 #
2016/0224(COD)
Proposal for a regulation
Recital 40i
Recital 40i
(40i) Where an applicant, third-country national or stateless person who was detained during the border procedure for the examination of their application for international protection no longer has a right to remain and has not been allowed to remain, Member States should be able to continue the detention for the purpose of preventing entry into the territory and carrying out the return procedure, respecting the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [Return Directive]. An applicant, third-country national or stateless person who was not detained during the border procedure for the examination of an application for international protection, and who no longer has a right to remain and has not been allowed to remain, could also be detained if there is a risk of absconding, if he or she avoids or hampers return, or if he or she poses a risk to public policy, public security or national security. Detention should be for as short a period as possible and should not exceed the maximum duration of the border procedure for carrying out returntime set out in Article 15 of Directive 2008/115 [Return Directive]. When the illegally staying third-country national does not return or is not removed within that period and the border procedure for carrying out return ceases to apply, the provisions of the [recast Return Directive] should apply. The maximum period of detention set by Article 15 of that Directive should include the period of detention applied during the border procedure for carrying our return.
Amendment 168 #
2016/0224(COD)
Proposal for a regulation
Recital 44a
Recital 44a
(44a) ‘An applicant who lodges a subsequent application at the last minute merely in order to delay or frustrate his or her removal should not be authorised to remain pending the finalisation of the decision declaring the application inadmissible in cases where it is immediately clear to the determining authority that no new elements have been presented and there is no risk of refoulement and provided that the application is made within one year of the decision by the determining authority on the first application. The determining authority shall issue a decision under national law confirming that these criteria are fulfilled in order for the applicant not to be authorised to remain. ’
Amendment 179 #
2016/0224(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) Applicants should, in principle, have the right to remain on the territory of a Member State until the time-limit for lodging an appeal before a court or tribunal of first instance expires, and, where such a right is exercised within the set time-limit, pending the outcome of the appeal. It is only in the limited cases set out in this Regulation, where applications are likely to be inadmissible, unfounded or manifestly unfounded, that the applicant should not have an automatic right to remain for the purpose of the appeal.
Amendment 184 #
2016/0224(COD)
Proposal for a regulation
Recital 66a
Recital 66a
(66a) ‘In cases where the applicant has no automatic right to remain for the purpose of the appeal, a court or tribunal should still be able to allow the applicant to remain on the territory of the Member State pending the outcome of the appeal, upon the applicant’s request or acting of its own motion. In such cases, applicants should have a right to remain until the time-limit for requesting a court or tribunal to be allowed to remain has expired and, where the applicant has presented such a request within the set time-limit, pending the decision of the competent court or tribunal. In order to discourage abusive or last minute subsequent applications, Member States should be able to provide in national law that applicants should have no right to remain during that period in the case of rejected subsequent applications, with a view to preventing further unfounded subsequent applications. In the context of the procedure for determining whether or not the applicant should be allowed to remain pending the appeal, the applicant’s rights of defence should be adequately guaranteed by providing him or her with the necessary interpretation and legal assistance. Furthermore, the competent court or tribunal should be able to examine the decision refusing to grant international protection in terms of facts and points of law.
Amendment 190 #
2016/0224(COD)
Proposal for a regulation
Recital 66c
Recital 66c
(66c) To ensure the consistency of the legal review carried out by a court or tribunal on a decision rejecting an application for international protection and the accompanying return decision, and with a view to accelerating the examination of the case and reducing the burden on the competent judicial authorities, such decisions should be subject to common proceedings before the same court or tribunal in order to fulfil the time-limits provided for in this regulation.
Amendment 194 #
2016/0224(COD)
Proposal for a regulation
Recital 66d a (new)
Recital 66d a (new)
(66d a)The Commission should regularly monitor and evaluate whether this Regulation is being properly applied and implemented. To this end, the Commission should make use of its power to initiate a monitoring exercise by the European Asylum Agency in accordance with Article 14 (2) of [EUAA Regulation].
Amendment 239 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) following apprehension in connection with ana Member States territory after unauthorised crossing of the external border;
Amendment 267 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
Amendment 286 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
5. The border procedure may only be applied to unaccompanied minors anin the cases referred to minors below the age of 12 and their family members in the cases referred to in Article 40(5) (b) Article 40(5) (b). Where the outcome of the age assessment referred to in Article 24 or the medical examination referred to Article 23 is not sufficiently conclusive, this exception shall not apply.
Amendment 293 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5 a (new)
Article 41 – paragraph 5 a (new)
5a. The border procedure may only be applied to minors below the age of 12 and their family members in the cases referred to in Article 40(5).
Amendment 301 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. Applicants subject to the border procedure shall not be authorised to enter the territory of the Member State, without prejudice to paragraphs 9 and 11. When the border procedure ends, the decision to authorise entry shall be explicitly granted and recorded by the Member State carrying out the border procedure.
Amendment 308 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 7
Article 41 – paragraph 7
7. When applying the border procedure, Member States may carry out the procedure for determining the Member State responsible for examining the application as laid down in Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management], except in the cases referred to in paragraph 3, without prejudice to the deadlines established in paragraph 11
Amendment 367 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – point c a (new)
Article 41 – paragraph 12 – subparagraph 1 – point c a (new)
(ca) the applicant is a danger to national security or public order.
Amendment 406 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 2
Article 41 a – paragraph 2
2. Persons referred to in paragraph 1 shall be kept for a period not exceeding 12 weeks in locations at or in proximity to the external border or transit zones; where a Member State cannot accommodate them in those locations, it can resort to the use of other locations within its territory. The 12- week perio, provided sthall start from when the applicant, third-country national or stateless person no longer has a right to remain and is not allowed to remaint the efficiency of the procedure and restrictions to the freedom of movement can be preserved. The 12- week period shall start from when the return decision have gained legal force.
Amendment 414 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 4
Article 41 a – paragraph 4
4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1 may be granted a period for voluntary departure not exceeding 15 days. In the framework of this Article, the European Border and Coast Guard Agency and the European Union Agency for Asylum shall, within its mandate, support national authorities with return operations.
Amendment 422 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 5
Article 41 a – paragraph 5
5. Persons referred to in paragraph 1 who have been detained during the procedure referred to in Article 41 and who no longer have a right to remain and are not allowed to remain may continue to be detained for the purpose of preventing entry into the territory of the Member State, preparing the return or carrying out the removal process. A Member State may, in accordance with national law, impose additional obligations on the applicant in order to prevent unauthorised movements.
Amendment 432 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 7
Article 41 a – paragraph 7
7. Detention shall be maintained for as short a period as possible, as long as removal arrangements are in progress and executed with due diligence. The period of detention shall not exceed the period referred to in paragraph 2 and shall be included in the maximum periods of detention set in Article 15 (5) and (6) of Directive XXX/XXX/EU [Return Directive].
Amendment 437 #
2016/0224(COD)
8. Member States that, following the rejection of an application in the context of the procedure referred to in Article 41, issue a refusal of entry in accordance with Article 14 of Regulation (EU) 2016/399, and that have decidedmay decide not to apply Directive XXX/XXX/EU [Return Directive] in such cases pursuant to Article 2(2), point (a), of that Directive,. Member States shall ensure that the treatment and level of protection of the third-country nationals and stateless persons subject to a refusal of entry are in accordance with Article 4(4) of Directive XXX/XXX/EU [Return Directive] and are equivalent to the ones set out in paragraphs 2, 4 and 7 of this Article.’
Amendment 443 #
2016/0224(COD)
Proposal for a regulation
Article 43 – subparagraph 2 – point c
Article 43 – subparagraph 2 – point c
(c) a first subsequent application has been lodged within one year of the decision of the determining authority on the first application merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State, pending the finalisation of the decision declaring that application inadmissible in cases where it is immediately clear to the determining authority that no new elements have been presented in accordance with Article 42(4)’
Amendment 457 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 2
Article 53 – paragraph 1 – subparagraph 2
Amendment 469 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 3 a (new)
Article 53 – paragraph 3 a (new)
3a. The examination before a court or tribunal shall be through written submissions, unless the court or tribunal consider a hearing necessary for the examination referred to in subparagraph 3 of this Article.
Amendment 472 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
4. AWhere such a hearing takes place, applicants shall be provided with interpretation for the purpose of a hearing before the competent court or tribunal where such a hearing takes place and whereif appropriate communication cannot otherwise be ensured.
Amendment 480 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – point a
Article 53 – paragraph 7 – point a
(a) at least maximum of one week in the case of a decision rejecting an application as inadmissible, as implicitly withdrawn or as unfounded if at the time of the decision any of the circumstances listed in Article 40(1) or (5) apply;
Amendment 487 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – point b
Article 53 – paragraph 7 – point b
(b) between a minimum of two weeks and a maximum of two monthfour weeks in all other cases.
Amendment 496 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
9. Member States shall provide for only one level of appeal in relation to a decision taken in the context of the border procedure as the principle of effective judicial protection requires.
Amendment 511 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point b
Article 54 – paragraph 3 – point b
(b) a decision which rejects an application as inadmissible pursuant to Article 36(1)(a) [first country of asylum] or (c) [subsequent applications without new elements]; including cases in which the application has not been examined on the merits because another Member State has granted international protection to the applicant;
Amendment 515 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3 – point d
Article 54 – paragraph 3 – point d
(d) a decision which rejects a subsequent application as inadmissible, unfounded or manifestly unfounded;
Amendment 526 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 5 – point a
Article 54 – paragraph 5 – point a
(a) the applicant shall have a time-limit of at least 5 daysbetween a minimum of two days and a maximum of one week from the date when the decision is notified to him or her to request to be allowed to remain on the territory pending the outcome of the remedy;