2017/2011(INI) | [ParlTrack]

Draft opinion
Paragraph 1

1. Recognises that the Committee on Petitions serves as a valuable link between EU citizens, businesses and civil society organisations and EU institutions, especially in the challenging times that the Union is currently going through; notes its important contribution toand stre~~ngthening the image and credibility of the Union through the effective application of EU law~~sses the need to raise awareness of the importance of the right of petition enjoyed by Member State citizens;

Amendment 10 #

Draft opinion
Paragraph 3

3. ~~Commend~~Notes the focus of the Commission’s Annual Report on the enforcement of EU law; notes that, unfortunately, petitioners very frequently refer to violations of EU law, particularly in the fields of the environment, justice, fundamental rights, the internal market, transport and health; draws attention to the fact that the Report highlights how the Commission regarded these sectors as a political priority in 2015;

Amendment 11 #

Draft opinion
Paragraph 3

3. ~~Commend~~Notes the focus of the Commission’s Annual Report on the enforcement of EU law; notes that petitioners very frequently refer to violations of EU law, particularly in the fields of the environment, justice, fundamental rights, the internal market, transport and health; draws attention to the fact that the Report highlights how the Commission regarded these sectors as a political priority in 2015;

Amendment 12 #

Draft opinion
Paragraph 4

4. Calls on the Commission to urge the Member States to ensure the strict enforcement of EU rules on the free movement of persons, in particular by ensuring full protection of the related economic, social and cultural rights; recalls that, in addition to constituting one of the fundamental freedoms of the EU and forming an integral part of EU citizenship, the free movement of persons, i~~s also~~n a context in which fundamental rights are fully safeguarded, is of great importance for EU citizens and for their perceptions of the EU, and appears as a frequent subject of petitions;

Amendment 13 #

Draft opinion
Paragraph 4

4. Calls on the Commission to ~~urge~~cooperate with the Member States to ensure the ~~strict~~ enforcement of EU rules on the free movement of persons; recalls that, in addition to constituting one of the fundamental freedoms of the EU ~~and forming an integral part of EU citizenship, the free movement of persons is also of great importance for EU citizens and for their perceptions of the EU, and~~, the free movement of persons appears as a frequent subject of petitions;

Amendment 14 #

Draft opinion
Paragraph 4

4. Calls on the Commission to urge the Member States to ensure the strict enforcement of EU rules on the free movement of persons; recalls that, in addition to constituting one of the fundamental freedoms of the EU and forming an integral part of EU citizenship, the free movement of persons is also of great importance for EU citizens and their families, especially in terms of access to social security, and for their perceptions of the EU, and appears as a frequent subject of petitions;

Amendment 15 #

Draft opinion
Paragraph 4

4. Calls on the Commission to ~~urge~~ask the Member States to ensure ~~the strict~~ enforcement of EU rules on the free movement of persons; recalls that, in addition to constituting one of the fundamental freedoms of the EU and forming an integral part of EU citizenship, the free movement of ~~perso~~EU Member State citizens is also of great importance for EU citizens and for their perceptions of the EU, and appears as a frequent subject of petitions;

Amendment 16 #

Draft opinion
Paragraph 5

5. ~~Welcomes the firm stance taken by the Commission towards the Member States on the application of EU law in the area of asylum and migration;~~ recalls that, on account of the migratory flows towards Europe, the EU is faced with an unparalleled legal, political and humanitarian challenge; ~~expresses the hope that the Commission will systematically monitor the application of the European Agenda on Migration by the Member States;~~

Amendment 17 #

Draft opinion
Paragraph 5

5. ~~Welcomes the firm~~Notes that the stance taken by the Commission towards the Member States on the application of EU law in the area of asylum and migration fails to reflect solidarity with Greece; urges compliance with the undertaking given by Commissioner Avramopoulos regarding the relocation of 6 000 refugees a month from Greece to other EU Member States; urges the Commission to bring pressure to bear, backed by sanctions where necessary, to induce countries such as FYROM and Albania, which constantly benefit from European programmes and funds, to open the border here and now and comply with the Geneva Convention relating to the Status of Refugees; recalls that, on account of the migratory flows towards Europe, the EU is faced with an unparalleled legal, political and humanitarian challenge; expresses the hope that the Commission will systematically monitor the application of the European Agenda on Migration by the Member States;

Amendment 18 #

Igor ŠOLTES

Draft opinion
Paragraph 5

5. Welcomes the firm stance taken by the Commission towards the Member States on the application of EU law in the area of asylum and migration; recalls that, on account of the migratory flows towards Europe, the EU is faced with an unparalleled legal, political and humanitarian challenge; regrets the non- compliance of the commitments on the refugees allocation by the EU as well as the obligation on the amount of the refugees received by the Member States; calls on the Member States to take into account also international conventions on human rights when accepting and allocating refugees; expresses the hope that the Commission will systematically monitor the application of the European Agenda on Migration by the Member States;

Amendment 19 #

Draft opinion
Paragraph 5

5. WNotes with concern that certain Member States are disregarding their obligations in relation to asylum and migration; welcomes the firm stance taken by the Commission towards the Member States on the application of EU law in the area of asylum and migration; recalls that, on account of the migratory flows towards Europe, the EU is faced with an unparalleled legal, political and humanitarian challenge; expresses the hope that the Commission will systematically monitor the application of the European Agenda on Migration by the Member States;

Amendment 2 #

Draft opinion
Paragraph 1

1. Recognises that the Committee on Petitions serves as a valuable link between EU citizens, businesses and civil society organisations and EU institutions, especially in the challenging times that the Union is currently going through; ~~notes its~~stresses the important contribution that the full protection of the fundamental rights of citizens makes, through the effective application of EU law, to strengthening the image and credibility of the Union ~~through the effective application of EU law~~;

Amendment 20 #

Draft opinion
Paragraph 5

5. Welcomes the firm stance taken by the Commission towards the Member States on the application of EU law in the area of asylum and migration; recalls that, on account of the migratory flows towards Europe, the EU is faced with an unparalleled legal, political and humanitarian challenge; expresses the hope that the Commission will systematically monitor the application of the European Agenda on Migration by the Member States; recalls that an effective EU migration policy needs to be based on a balance between responsibility and solidarity between the Member States;

Amendment 21 #

Draft opinion
Paragraph 3 c (new)

3c. Deeply regrets the accumulated delays in connection with infringement procedure NIF 2014/4231 concerning the improper use of fixed-term contracts in the general government sector in Italy in breach of Directive 1999/70/EC; calls on the Commission to deal with this matter as soon as possible in order to ensure that EU legislation is properly enforced, while fully safeguarding the rights of citizens;

Amendment 22 #

Draft opinion
Paragraph 3 d (new)

3d. Points out that austerity policies and related cuts made by Member States to their government sectors and judicial systems have deteriorated the level of protection of citizens' rights, whilst at the same time exacerbating the difficulties relating to the proper transposition of EU law;

Amendment 23 #

Draft opinion
Paragraph 3 e (new)

3e. Notes that the Commission has tackled the problem of poor air quality in Europe, which has been condemned repeatedly also by citizens through their petitions, by launching a number of infringement proceedings for breach of Directive 2008/50/EC, on account of continuous exceedances of NO2 limit values; regrets, however, that in 2015 the Commission did not exercise the same powers of control to prevent the placing on the single market of pollutant, diesel- powered cars that contribute significantly to the release of NO2 in the atmosphere over these limits and that do not comply with EU rules on the type-approval and emissions of passenger and light commercial vehicles;

Amendment 24 #

Draft opinion
Paragraph 3 f (new)

3f. Regrets the growing delays in the implementation of the EU Strategy for the Protection and Welfare of Animals 2012- 2015, which is effectively preventing the launch of a new EU-wide strategy that is needed to ensure full and effective protection of animal welfare through an updated, exhaustive and clear legislative framework that fully complies with the requirements of Article 13 TFEU;

Amendment 25 #

Draft opinion
Paragraph 6 – point a (new)

(a) Notes that the Committee on Petitions received many petitions about child welfare cases, and hopes that the current review of the Brussels IIA Regulation will help to make good the regulation's shortcomings and address failures to implement it;

Amendment 26 #

Draft opinion
Paragraph 6 – point b (new)

(b) Points out that shortcomings have been identified in the application of measures to counter fraud and money laundering in recent years; asks the Commission to redouble its efforts to ensure that the relevant EU rules are applied rigorously;

Amendment 27 #

Draft opinion
Paragraph 6

6. ~~Notes with appreciation the abundance of statistics demonstrating the progress achieved in resolving shortcomings in the application of EU law through the EU Pilot procedure;~~ observes that the number of EU Pilot procedures launched in 2015 was the lowest ever recorded, while the number of infringement procedures remains considerable;

Amendment 28 #

Andrea COZZOLINO

Draft opinion
Paragraph 6

6. Notes with appreciation the abundance of statistics demonstrating the progress achieved in resolving shortcomings in the application of EU law through the EU Pilot procedure; observes that the number of EU Pilot procedures launched in 2015 was the lowest ever recorded, while the number of infringement procedures remains considerableWelcomes the progress achieved through the EU Pilot procedure, which helps to resolve issues relating to the application of EU law and can prevent infringement procedures, the number of which, however, is still high;

Amendment 29 #

Draft opinion
Paragraph 6

6. Notes with appreciation the abundance of statistics demonstrating the progress achieved in resolving shortcomings in the application of EU law through the EU Pilot procedure; observes that the number of EU Pilot procedures launched in 2015 was the lowest ever recorded, while the number of infringement procedures remains considerable; regrets that transposition of directives by Member States remains a problem as indicated in the annual report 2015;

Amendment 3 #

Draft opinion
Paragraph 1

1. Recognises that the Committee on Petitions could serves as a ~~valuable~~n even more important link between EU citizens, businesses and civil society organisations and EU institutions, especially in the challenging times that ~~the Union is~~European peoples are currently going through; notes ~~its~~that it could make an even more important contribution to strengthening the image and credibility of the Union through the effective application of EU law;

Amendment 30 #

Draft opinion
Paragraph 6

6. Notes with appreciation the abundance of statistics demonstrating the appreciable progress achieved in resolving shortcomings in the application of EU law through the EU Pilot procedure; observes that the number of EU Pilot procedures launched in 2015 was the lowest ever recorded, while the number of infringement procedures remains considerable;

Amendment 31 #

Andrea COZZOLINO

Draft opinion
Paragraph 7

7. Regrets the fact that no precise statistics concerning the number of petitions that led to the initiation of an EU Pilot or infringement procedure are provided; ~~reiterates~~calls on the Commission, the re~~quest for the timely provision of data about these procedures by the Commission to the Comm~~fore, to send regular reports on cases relating to proceedings and/or procedures under way, in order to facilitate~~e on Petitions, where petitions and their fur~~ structured dialogue and reduce ther t~~reatment are concerned; underlines that the provision of such information in a structured manner is also provided for in the Interinstitutional Agreement on Better Law-Making of April 2016~~ime frame for settling disputes; calls on the Commission to discuss those reports with the Committee on Petitions, involving proactively the Vice-President responsible for the application of law and simplification;

Amendment 32 #

Draft opinion
Paragraph 7

7. Regrets the fact that no precise statistics concerning the number of petitions that led to the initiation of an EU Pilot or infringement procedure are provided; reiterates the request for the timely provision of data about these procedures by the Commission to the Committee on Petitions, where petitions and their further treatment are concerned; underlines that the provision of such information in a structured manner is also provided for in the Interinstitutional Agreement on Better Law-Making of April 2016; asks the Commission to involve petitioners in EU Pilot procedures initiated in relation to their petitions, with a view, inter alia, to facilitating dialogue between the petitioners and the national authorities concerned;

Amendment 33 #

Draft opinion
Paragraph 7

7. Regrets the fact that no precise statistics concerning the number of petitions that led to the initiation of an EU Pilot or infringement procedure are provided; ~~reiterates the request for~~urges the timely provision of data about these procedures by the Commission to the Committee on Petitions, where petitions and their further treatment are concerned; underlines that the provision of such information in a structured manner is also provided for in the Interinstitutional Agreement on Better Law-Making of April 2016;

Amendment 34 #

Draft opinion
Paragraph 3 – point a (new)

(a) Points out that whistle-blowers can usefully inform EU as well as national institutions about cases of misapplication of Union law; reiterates that they should be encouraged to do so, rather than obstructed;

Amendment 35 #

Draft opinion
Paragraph 3 – point b (new)

(b) Calls on the Commission, when it is evaluating the impact of Union law, to involve all the stakeholders, particularly the social partners, NGOs and consumer protection organisations;

Amendment 36 #

Draft opinion
Paragraph 3 a (new)

3a. Points out that, even though, under the Treaty provisions, Member States have the primary responsibility for correctly transposing, applying and implementing EU law, this does not exempt the EU institutions from their duty to ensure adequate monitoring and specific, careful checks on cases of alleged infringement of EU law, especially if they have been reported by citizens through petitions;

Amendment 37 #

Draft opinion
Paragraph 3 b (new)

3b. Points out that delays and non- compliances regarding EU Pilot and infringement procedures, by preventing timely remedies to breaches of EU law, undermine, inter alia, the full enjoyment of the right to good administration enshrined in Article 41 of the Charter of Fundamental Rights of European Union;

Amendment 38 #

Andrea COZZOLINO

Draft opinion
Paragraph 8

8. Supports the introduction of the Better Regulation Agenda ~~as an effort by the Commission to assist Member States in implementing and enforcing EU law effectively; highlights, in this context, the importance of explan~~, which must make the legislative process more transparent, open to contributions from stakeholders and easier to follow; supports, in this regard, the role of REFIT as a platfor~~y documents, which facilitate and ex~~m for exchange between the Commission and the national authorities; looks forward to the establishment of a portal which can help pedtit~~e the exchange of informa~~ioners to distinguish, when submitting their petitions, between ~~the Commission and the Member States, thus ensuring better understanding of transposition measures.~~national competences and EU competences, so as to reduce the number of petitions which are subsequently declared inadmissible;

Amendment 39 #

Draft opinion
Paragraph 8

8. Supports the introduction of the Better Regulation Agenda as an effort by the Commission to assist Member States in implementing and enforcing EU law effectively; highlights, in this context, the importance of explanatory documents, which facilitate and expedite the exchange of information between the Commission and the Member States, thus ensuring better understanding of transposition measures.; calls on the Member States to take all necessary measures to respect their commitments as agreed in the Joint Political Declaration of 28 September 2011 on Member States and the Commission on explanatory documents, including by providing correlation tables containing clear and precise information on the national measures transposing directives in their domestic legal order;

Amendment 4 #

Draft opinion
Paragraph 2

2. Acknowledges that petitions are a source of first-hand information not just about violations and deficiencies in the application of EU law in the Member States, but also about potential loopholes in EU legislation; confirms that ~~petitions enhance the~~the appropriate treatment of petitions should be accompanied by an enhanced capacity of the Commission and the Parliament to react to and resolve problems relating to transposition and misapplication; ~~notes with appreciation~~underlines the fact that the Commission considers the implementation of EU law a priority, ~~so that citizens can benefit from it in their everyday lives~~but, in order for citizens to be able to benefit from it in their everyday lives, notes the need to ensure that decision-making processes and the administration are fully transparent, impartial and independent and seek to protect the interests of the community;

Amendment 40 #

Draft opinion
Paragraph 8

8. ~~Support~~Notes the introduction of the Better Regulation Agenda as an effort by the Commission to assist Member States in implementing and enforcing EU law effectively; acknowledges the need to develop clear, simple and effective EU legislation, which should be easy to transpose and implement and aim to ensure the highest levels of social justice; highlights, in this context, the importance of explanatory documents, which facilitate and expedite the exchange of information between the Commission and the Member States, thus ensuring better understanding of transposition measures.;

Amendment 41 #

Draft opinion
Paragraph 8

Amendment 42 #

Draft opinion
Paragraph 3 – point c (new)

(c) Calls on the Commission to continue its active involvement in developing the various measures for improving the observance, implementation and application of Union law in the Member States; and to include in its next annual report data on rates of implementation for EU regulations, in the same way that it already does for Union directives;

Amendment 43 #

Draft opinion
Paragraph 8 a (new)

8a. Welcomes the Commission's efforts to inform citizens about their rights and ensure that they have appropriate means of redress, and calls on the Commission to include in its evaluation report more detailed information about the use of the special platforms for that purpose;

Amendment 44 #

Draft opinion
Paragraph 8 a (new)

8 a. Calls on the Member States to avoid the practice of "gold-plating" in order to reduce overregulation and administrative burdens that would have a negative effect on EU citizens and businesses; believes that unnecessary national measures going beyond EU requirements increase Euroscepticism and undermine EU legitimacy and actions;

Amendment 5 #

Draft opinion
Paragraph 2

2. Acknowledges that petitions are a source of first-hand information not just about violations and deficiencies in the application of EU law in the Member States, but also about potential loopholes in EU legislation; ~~confirms that petitions enhance the capacity of the Commission and the Parliament to react to and resolve problems relating to transposition and misapplication~~stresses the importance of simplifying the rules and applying the principle of subsidiarity in order to facilitate transposition of EU directives by Member States; notes with appreciation that the Commission considers the implementation of EU law a priority, so that citizens can benefit from it in their everyday lives;

Amendment 6 #

Igor ŠOLTES

Draft opinion
Paragraph 2

2. Acknowledges that petitions are a source of first-hand information not just about violations and deficiencies in the application of EU law in the Member States, but also about potential loopholes in EU legislation as well as citizens' proposals on new legislation; confirms that petitions enhance and challenge the capacity of the Commission and the Parliament to react to and resolve problems relating to transposition and misapplication; notes with appreciation that the Commission considers the implementation of EU law a priority, so that citizens can benefit from it in their everyday lives;

Amendment 7 #

Draft opinion
Paragraph 2

2. Acknowledges that petitions are a major source of first-hand information not just about violations and deficiencies in the application of EU law in the Member States, but also about potential loopholes in EU legislation; confirms that petitions enhance the capacity of the Commission and the Parliament to react to and resolve problems relating to transposition and misapplication; notes ~~with appreciation~~ that the Commission intends to considers the implementation of EU law a priority, so that citizens can benefit from it in their everyday lives;

Amendment 8 #

Draft opinion
Paragraph 3

3. Commends the focus of the Commission’s Annual Report on the enforcement of EU law; notes that petitioners very frequently refer to violations of EU law, particularly in the fields of employment and social affairs, the environment, justice, fundamental rights, the internal market, transport and health; draws attention to the fact that the Report highlights how the Commission regarded these sectors as a political priority in 2015; emphasises that delays in implementation are detrimental to legal certainty;

Amendment 9 #

Igor ŠOLTES

Draft opinion
Paragraph 3

3. Commends the focus of the Commission’'s Annual Report on the enforcement of EU law; notes that petitioners very frequently refer to violations of EU law, particularly in the fields of the environment, justice, fundamental rights, the internal market, transport ~~and health~~, health, employment, education and culture; draws attention to the fact that the Report highlights how the Commission regarded these sectors as a political priority in 2015;

source: 601.047

2017/03/10 JURI 72 amendments...

Amendment 1 #

Motion for a resolution
Citation 14 a (new)

- having regard to its resolution of 25 October 2016 containing recommendations to the Commission on the establishment of an EU mechanism for democracy, the rule of law and fundamental rights,

Amendment 10 #

Motion for a resolution
Recital C a (new)

Ca. whereas the Union has a number of instruments and processes to ensure the full and correct application of the principles and values enshrined in the Treaty, but in practice these instruments appear to be of limited scope, inadequate or ineffective;

Amendment 11 #

Motion for a resolution
Recital C b (new)

Cb. whereas it is therefore necessary to establish a new mechanism, providing a single and coherent framework, building on existing instruments and mechanisms, which should be applied in a uniform manner to all EU institutions and all its Member States;

Amendment 12 #

Motion for a resolution
Recital F

F. whereas EU Pilot procedures are F. intended to make for closer and more coherent cooperation between the Commission and Member States so as to remedy breaches of EU law at an early stage through bilateral dialogue in order, wherever possible, to avert the need to resort to formal infringement proceedings;

Amendment 13 #

Motion for a resolution
Recital G

G. whereas in 2015, the Commission received 3 450 complaints reporting potential breaches of EU law~~, with Italy (637), Spain (342) and Germany (274) being the Member States against which the most complaints were filed~~;

Amendment 14 #

Motion for a resolution
Paragraph 1

1. Welcomes the Commission’s 2015 annual report on the application of EU law, and notes that ~~according to this report the three fields in which Member States were mostly subject to transposition infringement proceedings in 2015 were mobility and transport, energy and the environment~~the Commission focuses on the enforcement of the EU acquis;

Amendment 15 #

Motion for a resolution
Paragraph 1

1. ~~Welcom~~Notes the Commission’s 2015 annual report on the application of EU law, and notes that according to this report the three fields in which Member States were mostly subject to transposition infringement proceedings in 2015 were mobility and transport, energy and the environment;

Amendment 16 #

Laura FERRARA, Eleonora EVI

Motion for a resolution
Paragraph 1

Amendment 17 #

Jane COLLINS

Motion for a resolution
Paragraph 1

Amendment 18 #

Motion for a resolution
Paragraph 1 – subparagraph 1 (new)

Notes, in particular, that the Commission has tackled the problem of poor air quality in Europe by launching a number of infringement proceedings for breach of Directive 2008/50/EC, on account of continuous exceedances of the NO2 limit values; regrets, however, that in 2015 the Commission did not exercise the same powers of control to prevent the placing on the single market of pollutant, diesel- powered cars that contribute significantly to the release of NO2 into the atmosphere over these limits and that do not comply with EU rules on the type-approval and emissions of passenger and light commercial vehicles;

Amendment 19 #

Motion for a resolution
Paragraph 1 a (new)

1a. Notes that according to this report the three fields in which Member States were mostly subject to transposition infringement proceedings in 2015 were mobility and transport, energy and the environment; calls on the Commission to outline the specific reasons for this in greater detail;

Amendment 2 #

Heidi HAUTALA

Motion for a resolution
Citation 14 a (new)

- having regard to its resolution of 9 June 2016 for an open, efficient and independent European Union administration1a, _________________ 1a Texts adopted, P8_TA(2016)0279

Amendment 20 #

Motion for a resolution
Paragraph 1 a (new)

1a. Notes that these areas were also the subject of most of the investigations opened under the EU Pilot system in 2015, with the main Member States concerned being Italy, Portugal and Germany;

Amendment 21 #

Motion for a resolution
Paragraph 2

2. Considers that the large number of infringement procedures in 2015 shows that ensuring the timely and correct application of EU legislation in the Member States remains a serious challenge ~~and priority in the EU~~owing to legislative texts which are against the interests of each Member State;

Amendment 22 #

Motion for a resolution
Paragraph 2

Amendment 23 #

Motion for a resolution
Paragraph 2 a (new)

2a. Notes that, at the end of 2015, 1 368 infringement cases remained open, representing a slight increase over the previous year but still below the 2011 level;

Amendment 24 #

Motion for a resolution
Paragraph 3

3. Recognises that the primary responsibility for the correct implementation and application of EU law lies with the Member States, but points out that this does not absolve the EU institutions of their duty to respect primary EU law when they produce secondary EU law; emphasises, however, that the Commission makes available to the Member States a series of instruments designed to help them find joint solutions, such as handbooks, groups of experts, special internet sites, from dialogue concerning transposition plans to documents explaining how to recognise transposition problems early and address them;

Amendment 25 #

Jane COLLINS

Motion for a resolution
Paragraph 3

Amendment 26 #

Motion for a resolution
Paragraph 3 a (new)

3a. Notes that timely and correct transposition of EU law into national legislation and a clear domestic legislative framework should be a priority for the Member States, with a view to avoiding breaches of EU law while delivering to individuals and businesses the intended benefits made possible by the efficient and effective application of EU law;

Amendment 27 #

Motion for a resolution
Paragraph 3 a (new)

3a. Calls on the Commission once again to bring together all the various portals, access points and information websites in a single gateway that will provide citizens with easy access to on- line complaint forms and user-friendly information on infringement procedures;

Amendment 28 #

Motion for a resolution
Paragraph 3 b (new)

3b. Notes that the Commission insists that the Member States notify it should they decide, when transposing directives into national law, to add elements which make it clear to the public which provisions are the EU's responsibility and which the Member State's; points out, at the same time, that this is without prejudice to the right of Member States to lay down, for example, higher social and environmental standards at national level;

Amendment 29 #

Motion for a resolution
Paragraph 3 b (new)

3b. Stresses that time-limits for transposition must be enforced; urges the European institutions to set realistic time- limits for enforcement;

Amendment 3 #

Motion for a resolution
Citation 14 b (new)

- having regard to Articles 267 and 288 of the Treaty on the Functioning of the European Union,

Amendment 30 #

Motion for a resolution
Paragraph 4

4. Emphasises that the EU has been set up as a Union based on the rule of law and respect for human rights (Article 2 TEU); ~~reiterates that careful monitoring of Member States’ and EU institutions’ acts and omissions is of utmost importance, and~~ expresses its concern at the number of petitions to Parliament and complaints to the Commission concerning problems supposedly resolved by the Commission;

Amendment 31 #

Motion for a resolution
Paragraph 4

4. Emphasises that the EU has been set up as a Union based on the rule of law and respect for human rights (Article 2 TEU); reiterates that careful monitoring of Member States’ and EU institutions’ acts and omissions is of utmost importance, and expresses its concern at the number of petitions to Parliament and complaints to the Commission concerning problems supposedly resolved by the Commission and points out that the Member States, when implementing EU law, must also respect in full the fundamental values and rights enshrined in the Treaties and the Charter of the Fundamental Rights of the EU;

Amendment 32 #

Motion for a resolution
Paragraph 4

4. Emphasises that the EU has been set up as a Union based on the rule of law and respect for human rights (Article 2 TEU); reiterates that careful monitoring of ~~Member States’ and~~ EU institutions’ acts and omissions is of utmost importance, and expresses its concern at the number of petitions to Parliament and complaints to the Commission concerning problems supposedly resolved by the Commission;

Amendment 33 #

Motion for a resolution
Paragraph 4 a (new)

4a. Reiterates that careful monitoring of Member States’ and EU institutions’ acts and omissions is of utmost importance, and expresses its concern at the number of petitions to Parliament and complaints to the Commission;

Amendment 34 #

Motion for a resolution
Paragraph 4 a (new)

4a. Recalls its resolution of 25 October 2016 and calls on the Commission to act on the Parliament's recommendations in this resolution;

Amendment 35 #

Motion for a resolution
Paragraph 4 b (new)

4b. Acknowledges that Parliament also has a crucial role to play by exercising political oversight of the Commission’s enforcement actions, scrutinising the annual reports on monitoring the implementation of EU law and adopting relevant parliamentary resolutions; suggests that Parliament could contribute further to the timely and accurate transposition of EU legislation by sharing its expertise in the legislative decision-making process through pre- established links with national parliaments;

Amendment 36 #

Motion for a resolution
Paragraph 5

5. Underlines the important role of the social partners, civil society organisations and other stakeholders in creating ~~legislation~~ and in monitoring ~~and reporting shortcomings in the transposition and application of EU law by the Member States~~legislation;

Amendment 37 #

Motion for a resolution
Paragraph 5

5. Underlines the important role of the social partners, civil society organisations, the European Economic and Social Committee, the Committee of the Regions and other stakeholders in creating legislation and in monitoring and reporting shortcomings in the transposition and application of EU law by the Member States;

Amendment 38 #

Motion for a resolution
Paragraph 6

6. Welcomes the decrease of around 30 % from 2014 in the number of new EU Pilot files opened in 2015 (881 as against 1208 in 2014); notes, however, that the average resolution rate remains stable ~~compared to~~in 2015, being exactly the same as in 20154 (75 %);

Amendment 39 #

Motion for a resolution
Paragraph 7

7. Welcomes the fact that for the first time since 2011, the number of new complaints has decreased by around 9 % compared to 2014, with a total of 3450 new complaints; notes, in this connection, that the five policy areas with the highest number of complaints are: employment, inclusion and social affairs; internal market, industry, entrepreneurship and SMEs; justice and consumers; taxation and customs union and the environment; notes that together these account for 72 % of all complaints submitted against the Member States in 2015;

Amendment 4 #

Motion for a resolution
Recital A

A. whereas Article 17 of the Treaty on European Union (TEU) defines the ~~fundamental~~ role of the Commission as ‘guardian of the Treaties’;

Amendment 40 #

Motion for a resolution
Paragraph 7

7. Welcomes the fact that for the first time since 2011, the number of new complaints has decreased by around 9 % compared to 2014, with a total of 3450 new complaints; notes with great concern, however, that the area of employment, social affairs and inclusion shows the highest number of new complaints;

Amendment 41 #

Motion for a resolution
Paragraph 7

7. ~~Welcom~~Notes the fact that for the first time since 2011, the number of new complaints has decreased by around 9 % compared to 2014, with a total of 3450 new complaints;

Amendment 42 #

Motion for a resolution
Paragraph 7 a (new)

7a. Regrets that, in 2015, Member States did not deliver in all cases on their commitment to provide explanatory documents together with the national measures transposing the directives into their legal order; takes the view that the Commission should offer the Member States more support in the process of drawing up these explanatory documents and correlation tables; encourages the Commission to continue to report to Parliament and the Council on explanatory documents in the annual reports on the application of EU law;

Amendment 43 #

Motion for a resolution
Paragraph 7 b (new)

7b. Is of the opinion that financial penalties for non-compliance with EU law should be effective, proportionate and dissuasive, taking into account repeated failures in the same field, and that Member States’ legal rights must be respected;

Amendment 44 #

Motion for a resolution
Paragraph 8

8. Stresses that the Memoranda of Understanding, even if Member States are obliged thereunder to take austerity measures, are not considered as EU acts, with the result that the CFREU is not applicable to them7 ; _________________ 7 See inter alia: ECJ judgment of 27 November 2012, Pringle, C-370/12, EU:C:2012:756, paragraphs 161 and 178 ff.deleted

Amendment 45 #

Motion for a resolution
Paragraph 8

Amendment 46 #

Motion for a resolution
Paragraph 9

9. Highlights that all EU institutions, even when they act as members of groups of international lenders (‘troikas’), are bound by the EU Treaties and the CFREU8 ; _________________ 8 ECJ judgment of 20 September 2016 - Ledra Advertising Ltd (C-8/15 P), Andreas Eleftheriou (C-9/15 P), Eleni Eleftheriou (C-9/15 P), Lilia Papachristofi (C-9/15 P), Christos Theophilou (C-10/15 P), Eleni Theophilou (C-10/15 P) v European Commission, European Central Bank (Joined Cases C-8/15 P to C-10/15 P), paragraphs 67 ff.; OJ C 171, 26.5.2015, p. 7.deleted

Amendment 47 #

Motion for a resolution
Paragraph 9

9. Highlights that all EU institutions~~, even when they act as members of groups of international lenders (‘troikas’),~~ are bound by the EU Treaties and the CFREU8 ; _________________ 8 ECJ judgment of 20 September 2016 - Ledra Advertising Ltd (C-8/15 P), Andreas Eleftheriou (C-9/15 P), Eleni Eleftheriou (C-9/15 P), Lilia Papachristofi (C-9/15 P), Christos Theophilou (C-10/15 P), Eleni Theophilou (C-10/15 P) v European Commission, European Central Bank (Joined Cases C-8/15 P to C-10/15 P), paragraphs 67 ff.; ~~OJ C 171, 26.5.2015, p. 7.~~

Amendment 48 #

Motion for a resolution
Paragraph 10

10. Notes that whilst the European Stability Mechanism Treaty (ESM Treaty) entrusts the Commission and the ECB with certain tasks relating to the implementation of the objectives of that treaty, the duties conferred on the Commission and the ECB under it do not entail any power to make decisions of their own and, moreover, the activities pursued by those two institutions within the ESM Treaty commit the ESM alone9 ; _________________ 9 Ibid, par. 51.deleted

Amendment 49 #

Motion for a resolution
Paragraph 10

Amendment 5 #

Motion for a resolution
Recital B

B. whereas pursuant to Article 4(3) TEU, Articles 288(3) and Article 291(1) TFEU the Member States have the primary responsibility for transposing, applying and implementing EU law correctly and within the time-limits set, as well as to provide sufficient remedies to ensure effective legal protection in the fields covered by EU law;

Amendment 50 #

Motion for a resolution
Paragraph 11

11. Reiterates that the tasks allocated to the Commission or other EU institutions by the ESM Treaty (or other relevant treaties) oblige them, as provided in Article 13(3) and (4) thereof, to ensure that the Memoranda of Understanding concluded under the aforementioned treaties are consistent with EU law; stresses that as a result, EU institutions should refrain from signing a memorandum of understanding whose consistency with EU law they doubt10 ; _________________ 10ibid., paragraphs 58 ff.; see, to that effect, judgment of 27 November 2012, Pringle, C-370/12, EU:C:2012:756, paragraph 164.deleted

Amendment 51 #

Motion for a resolution
Paragraph 11

Amendment 52 #

Motion for a resolution
Paragraph 12

12. Regrets that the annual reviews by the Commission, the ECB and the Council of economic adjustment programmes for members of the euro area have imposed on EU Member States obligations which in some cases run counter to the objectives and values of the Union as expressed in the EU Treaties and the CFREU11 ; _________________ 11See inter alia: Ghailani, D. (2016), ‘Violations of fundamental rights: collateraldamage of the Eurozone crisis?’, in Vanhercke, B., Natali, D. and Bouget, D. (eds.), ‘Social Policy in the European Union: State of Play 2016’, Brussels, European Trade Union Institute (ETUI) and European Social Observatory (OSE) - http://www.ose.be/files/publication/OSEP aperSeries/Ghailani_2016_OseResearchP aper32EN.pdf; and ‘The impact of the crisis on fundamental rights across Member States of the EU - Comparative analysis’, study for the Committee on Civil Liberties, Justice and Home Affairs, 2015 - http://www.europarl.europa.eu/RegData/e tudes/STUD/2015/510021/IPOL_STU%28 2015%29510021_EN.pdfdeleted

Amendment 53 #

Motion for a resolution
Paragraph 12

Amendment 54 #

Motion for a resolution
Paragraph 13

13. Expresses its concern that the austerity measures which EU institutions imposed on over-indebted EU Member States, in particular the drastic cuts in public spending, have had the effect of reducing significantly the capacity of Member States’ administration and judiciary to assume their responsibility to implement EU law correctly;deleted

Amendment 55 #

Motion for a resolution
Paragraph 13

Amendment 56 #

Motion for a resolution
Paragraph 13

Amendment 57 #

Motion for a resolution
Paragraph 14

14. Regrets the poor state of domestic transposition and practical implementation of EU-level asylum standards (for example regarding the implementation by Member States of the reception conditions directive (Directive 2013/33/EU12 ))13 ; condemns the deficient implementation of the relocation mechanism proposed by the Commission to deal with the refugee crisis by Member States; calls, therefore, on the Commission to pay particular attention to the implementation of measures adopted in the area of asylum and migration so as to ensure that they comply with the principles enshrined in the CFREU, and to launch the necessary infringement proceedings when relevant; _________________ 12Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection, OJ L 180, 29.6.2013, p. 96. 13See inter alia: S. Carrera/S. Blockmans/D. Gross/E. Guild, ‘The EU’s Response to the Refugee Crisis -Taking Stock and Setting Policy Priorities’, Centre for European Policy Studies (CEPS), essay No 20, 16 December 2015 - https://www.ceps.eu/system/files/EU%20R esponse%20to%20the%202015%20Refug ee%20Crisis_0.pdfNotes that the relocation mechanism proposed by the Commission to deal with the migrant crisis has been imposed on the peoples of Europe without democratic consultation;

Amendment 58 #

Motion for a resolution
Paragraph 14

14. ~~Regret~~Notes the poor state of domestic transposition and practical implementation of EU-level asylum standards (for example regarding the implementation by Member States of the reception conditions directive (Directive 2013/33/EU 12 ))13 ; ~~condemn~~notes the deiffic~~ien~~ult implementation of the relocation mechanism proposed by the Commission to deal with the refugee crisis by Member States; calls, therefore, on the Commission to pay particular attention to the implementation of measures adopted in the area of asylum and migration so as to ensure that they comply with the principles enshrined in the CFREU~~, and to launch the necessary infringement proceedings when relevant~~; _________________ 12 Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection, OJ L 180, 29.6.2013, p. 96. 13 ~~See inter alia: S. Carrera/S. Blockmans/D. Gross/E. Guild, ‘The EU’s Response to the Refugee Crisis -~~Taking Stock and Setting Policy Priorities’, Centre for European Policy Studies (CEPS), essay No 20, 16 December 2015 - https://www.ceps.eu/system/files/EU%20R esponse%20to%20the%202015%20Refuge e%20Crisis_0.pdf

Amendment 59 #

Motion for a resolution
Paragraph 14

14. ~~Regrets the poor stat~~Stresses the importance of domestic transposition and practical implementation of EU-level asylum standards (for example regarding the implementation by Member States of the reception conditions directive (Directive 2013/33/EU12 ))13 ~~; condemns the deficient implementation~~and the use of the relocation mechanism proposed by the Commission to deal with the refugee crisis by Member States; calls, therefore, on the Commission to pay particular attention to the implementation of measures adopted in the area of asylum and migration so as to ensure that they comply with the principles enshrined in the CFREU, and to launch the necessary infringement proceedings ~~when~~if relevant; _________________ 12 Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection, OJ L 180, 29.6.2013, p. 96. 13 See inter alia: S. Carrera/S. Blockmans/D. Gross/E. Guild, ‘The EU’s Response to the Refugee Crisis -Taking Stock and Setting Policy Priorities’, Centre for European Policy Studies (CEPS), essay No 20, 16 December 2015 - https://www.ceps.eu/system/files/EU%20R esponse%20to%20the%202015%20Refuge e%20Crisis_0.pdf

Amendment 6 #

Motion for a resolution
Recital B a (new)

Ba. whereas, according to settled case law of the Court of Justice, the Member States must supply the Commission with clear and precise information on the way in which they transpose EU directives into national law1a; _________________ 1aCase C-427/07, Commission/Ireland, paragraph 107

Amendment 60 #

Motion for a resolution
Paragraph 14 a (new)

14a. Regrets the fact that significant shortcomings in the implementation and enforcement of EU environmental legislation persist in some Member States; notes that this is particularly the case in waste management, wastewater treatment infrastructure and compliance with air quality limit values; considers, in this context, that the Commission should seek to identify the causes of this situation in the Member States;

Amendment 61 #

Angel DZHAMBAZKI

Motion for a resolution
Paragraph 14 a (new)

14 a. Regrets the enduring status quo and virtual stagnation in infringement procedures. Urges, that the Commission actively follow-up particularly on high- profile cases 14a and strictly adhere to the procedural requirements, as set out in Articles 258 and 260 (3) of the Treaty on the Functioning of the European Union (TFEU); _________________ 14aSee inter alia: European Commission. Transport: Commission takes legal action against the systematic application of the French and German minimum wage legislation to the transport sector. Europa.eu. N.p., 16 June 2016. Web.

Amendment 62 #

Motion for a resolution
Paragraph 15

15. Encourages the EU institutions to assume their duty to respect primary EU law when they create rules of secondary EU law, decide policies or sign agreements or treaties with institutions outside the EU, and also to assume their duty to assist EU Member States by all means available in their efforts to respect the values and principles of the Union, especially ~~in times of austerity and budgetary constraint~~especially with respect to recent developments in some Member States;

Amendment 63 #

Motion for a resolution
Paragraph 15

15. Encourages the EU institutions to continue to assume their duty to respect primary EU law when they create rules of secondary EU law, decide policies or sign agreements or treaties with institutions outside the EU, and also to assume their duty to assist EU Member States by all means available in their efforts to transpose EU legislation in all areas and to respect the values and principles of the Union~~, especially in times of austerity and budgetary constraints~~;

Amendment 64 #