2020/2202(INI) | [ParlTrack]

Idoia VILLANUEVA RUIZ, Stelios KOULOGLOU

Draft opinion
Recital A

A. whereas the Withdrawal Agreement included ‘specific arrangements relating to the Union’s external action’ whereby, during the transition period, the United Kingdom was bound by the obligations stemming from the international agreements concluded by the EU to implement the Union’s restrictive measures, whether decided upon during the transition period or already in place, and to support EU statements and positions vis-à- vis third countries and international organisations; whereas the agreement envisaged the UK’s participation on a case- by-case basis in EU military operations and civilian missions established under the common security and defence policy through a framework participation agreement, while respecting the EU's decision-making autonomy and the relevant EU decisions and legislation and while excluding it from leading such operations or missions;

Amendment 10 #

Draft opinion
Paragraph 4

4. Underlines that the need for a tighter and more closely coordinated relationship between the EU and the UK on security issues ~~has been thrown into sharp relief by the Russian war of aggression against Ukraine~~committing to diplomatic efforts as the main and primary strategy for conflict prevention, conflict resolution and crisis management as axis of their foreign policies and the agreement between both parties; calls on the EU and the UK to take an active role in the peaceful resolution of major conflicts, boosting an International mechanism for conflict resolution through dialogue, in full alignment with UN Resolution 1325; stresses that political and financial support based on constructive mediation and the peaceful and democratic resolution of conflicts should be promoted;

Amendment 11 #

Idoia VILLANUEVA RUIZ, Stelios KOULOGLOU

Draft opinion
Paragraph 4

4. Underlines that the need for a tighter and more closely coordinated relationship between the EU and the UK on security issues has been thrown into sharp relief by the Russian war of aggression against Ukraine; reminds of its proposal that such coordination in international arena should be governed by a joint UK- EU Foreign Policy Framework (FPF), offering both sides a systematic platform for high level consultations and coordination on foreign policy issues;

Amendment 12 #

Fabio Massimo CASTALDO

Draft opinion
Paragraph 4

4. Underlines that the need for a tighter and more closely coordinated relationship between the EU and the UK on security issues has been thrown into sharp relief by the Russian war of aggression against Ukraine; calls for a meaningful coordination and cooperation between the EU and the UK in the efforts aiming to find diplomatic solutions;

Amendment 13 #

Draft opinion
Paragraph 5

5. Stresses that although the political declaration has not been honoured and there is no agreement on foreign policy and defence, both sides should continue to cooperate in these fields, with an approach of foreign policy based on democracy and the rule of law, intersectional and gender equality, disarmament and non proliferation, international cooperation for development and climate action; calls for the participation of civil society organisations in the design and the implementation of the EU and UK's Foreign Policy agreement; calls on the European Union and the United Kingdom to support the abolition of nuclear weapons by promoting accession to and signature of the Treaty on the Prohibition of Nuclear Weapons (TPNW) and autonomous lethal weapon systems;

Amendment 14 #

Draft opinion
Paragraph 5

5. Stresses that although the ~~political declaration has not been honoured and there is no agreement on foreign policy and defence, both sides should co~~re is no current agreement on foreign policy and defence, both sides should step up cooperation in these fields in a complementary manner that facilitates coordination and cooperation mechanisms, including intelligence sharing, joint capability building initiatives with Member States and joint force projection for NATO missions and joint training and provision of military aid while maintain~~ue to cooperate in these fields~~ing a prioritization for jointly supporting Ukraine in a complementary and comprehensive manner;

Amendment 15 #

Fabio Massimo CASTALDO

Draft opinion
Paragraph 5

Amendment 16 #

Draft opinion
Paragraph 6

6. DIs alarmed by the actions of the UK government which have the potential to undermine the Good Friday Agreement and to destabilise peace in Northern Ireland; recalls that such actions are non- compliant with the Withdrawal Agreement while its full application, in full and all circumstances, is an UK obligation to ensure that the Good Friday Agreement is enforced; deeply regrets the publication of the Northern Ireland Protocol Bill by the UK Government, considering it an unfortunate and unilateral action that comes at a time when the EU and the UK should be showing more unity and solidarity than ever; urges the new UK government to engage constructively and in good faith with the EU and all communities in Northern Ireland.

Amendment 17 #

Draft opinion
Paragraph 6

6. Deeply regrets the publication of the Northern Ireland Protocol Bill by the UK Government~~, considering it an unfortunate and unilateral action that comes at a time when the EU and the UK should be showing~~; recalls that this unilateral action is in violation of international law and undermine the relationship between the EU and the UK, damages the UK's reputation as a reliable partner and comes at a time when the geopolitical crises calls for more unity and solidarity between allies than ever.

Amendment 18 #

David McALLISTER

Draft opinion
Paragraph 6

6. Deeply regrets the publication of the Northern Ireland Protocol Bill by the UK Government, considering it an un~~fortunate and unilateral action~~ilateral action in violation of international law that comes at a time when the EU and the UK should be showing more unity and solidarity than ever.

Amendment 19 #

Charlie WEIMERS

Draft opinion
Paragraph 6 – subparagraph 1 (new)

Welcomes the contributions of the United Kingdom to European security, especially the formalisation of the Joint Expeditionary Force (JEF) and security guarantees provided to Sweden and Finland during their NATO accession process;

Amendment 2 #

Draft opinion
Recital A a (new)

A a. whereas on 10 April 1998 the Belfast Agreement was signed by the Government of the UK, the Government of Ireland and the other participants in the multi-party negotiations (the ‘Good Friday Agreement’); whereas the Protocol on Ireland/Northern Ireland of the Withdrawal Agreement provides for a legal framework that preserves the Good Friday Agreement in all its parts and the rights of the people of Northern Ireland, and safeguards peace, single market integrity and the all-island economy and therefore avoids a hard border; whereas it is the UK’s obligation to ensure that the Good Friday Agreement in all its parts applies under all circumstances;

Amendment 3 #

Fabio Massimo CASTALDO

Draft opinion
Recital A a (new)

A a. whereas the UK and the EU share common values and security interests both in the immediate European neighbourhood and globally; whereas the UK is and will remain a key partner of the EU, as well as a central actor within NATO;

Amendment 4 #

Draft opinion
Paragraph 1 a (new)

1 a. Recalls that the signature of the European Union to the TCA and its ratification by the European Parliament was conditioned to the full implementation of the Withdrawal Agreement; regrets that as of today, the Withdrawal Agreement has still not been fully implemented especially as regards to the Protocol on Northern Ireland;

Amendment 5 #

Draft opinion
Paragraph 3

3. ~~Regret~~Notes that despite the mutual interest in cooperation in the areas of foreign policy and security, which would be based on shared values and would contribute to promoting peace and strengthening the rules-based global order, the parties were not able to take advantage of this possibility as the UK considers the leading role of NATO and individual Member States in this area; underlines, that the UK's contributions to Euro- Atlantic security have increased vis-a-vis their political, financial, operational and logistical commitments to ongoing NATO missions and the role of the UK in UN, G7 and other international organizations and foras; applauds UK's leading position in supporting Ukraine's self defence and territorial integrity;

Amendment 6 #

David McALLISTER

Draft opinion
Paragraph 3

3. Regrets that despite the mutual interest in cooperation in the areas of foreign policy and security, which would be based on shared values and would contribute to promoting peace and strengthening the rules-based global order, ~~the parties were not able to take advantage of this possibility~~both sides did unfortunately not agree on an institutionalised format of cooperation;

Amendment 7 #

Draft opinion
Paragraph 3

3. Regrets that despite the mutual interest in cooperation in the areas of foreign policy and security, which would be based on shared values and would contribute to promoting peace and strengthening the rules-based global order, the ~~parties were not able~~United Kingdom was not willing to take advantage of this possibility;

Amendment 8 #

Draft opinion
Paragraph 3 a (new)

3 a. Recognises the historical and indispensable role of the UK to Europe's security and defence, being the world's third largest defence spender in 2022 while maintaining the most operationally sophisticated and capable armed force and intelligence services in Europe along with its UN Security Council veto power and leading role in NATO and the G7, as bringing a critical added value to Europe's wider strategic deterrence;

Amendment 9 #

Draft opinion
Paragraph 4

4. Underlines that the need for a tighter and more closely coordinated relationship between the EU and the UK on security issues has been ~~thrown into sharp relief by the Russian war of aggression against Ukraine~~exacerbated since Russia launched its war of aggression against Ukraine; recognises the substantial contributions the UK has made to Ukraine’s defence and intelligence capabilities before and since Russia's war of aggression began, setting an example for the EU and most of the Member States, in particular the largest and stronger ones, to follow, including but not limited to the UK's military support and investment projects for Ukraine, emergency aid, capacity building, provision of military equipment to Ukraine and the UK's launch of a major training programme for Ukrainian forces;

source: 736.703

2022/10/19 LIBE 49 amendments...

Amendment 1 #

Draft opinion
Paragraph -1 (new)

-1 Recalls that Part Two of the Withdrawal Agreement allows both EU citizens residing in the UK and UK nationals residing in the EU-27 at the end of the transition period to continue to live in their host State, exercising their rights based on EU law, provided that EU citizens and UK nationals are workers or self-employed, or have sufficient resources and health insurance, or are family members of a person who fulfils these conditions, or have already acquired the right of permanent residence and thus no longer be subject to these conditions;

Amendment 10 #

Draft opinion
Paragraph 2

2. Stresses that the misalignment of the EUSS with the WA creates a risk of legal uncertainty for EU citizens in the UK as to whether their rights are guaranteed under UK immigration law or by the WA, and whether they can use their EUSS status to prove their rights under the WA; reiterates its long-standing call for the full respect and implementation of the citizens’ rights guaranteed under the Withdrawal Agreement for both EU and UK citizens and their families;

Amendment 11 #

Draft opinion
Paragraph 2

2. SRegrets that the eligibility conditions applied by the UK for access to rights under the EUSS still differ from those provided in the Withdrawal Agreement; stresses that the misalignment of the EUSS with the WA creates a risk of legal uncertainty for EU citizens in the UK as to whether their rights are guaranteed under UK immigration law or by the WA, and whether they can use their EUSS status to prove their rights under the WA;

Amendment 12 #

Draft opinion
Paragraph 3

3. Expresses its concern about the difficulties that EU citizens may encounter when ~~applying fo~~providing their settled or pre-settled status ~~due to the UK’s insistence on a digital-only approach;~~ and thereby accessing their rights under the WA due to the UK implementation of the negotiated digital- only approach. Is concerned that the digital-only approach applications can be discriminatory and have a negative effect on applicants from disadvantaged backgrounds or invulnerable situations. Is further concerned about the numerous delays in the status application and the high number of refusals. Asks the UK authorities to urgently address this situation;

Amendment 13 #

Draft opinion
Paragraph 3

3. Expresses its concern about the difficulties that EU citizens may encounter when applying for settled or pre-settled status due to the UK Home Office’s insistence on a digital-only approach; reiterates its call to the UK authorities to issue a physical document as proof of their right to reside in the UK in order to provide greater certainty and a sense ofsecurity1a; _________________ 1a European Parliament, Resolution of 15 January 2020 on implementing and monitoring the provisions on citizens' rights in the Withdrawal Agreement(2020/2505(RSP)).

Amendment 14 #

Draft opinion
Paragraph 3 a (new)

3 a. Urges the issuing of a physical document as proof of the EU citizens residing rights and introduction of help for the vulnerable groups(elderly groups,person with disability, groups without economic resources to access digitaloptions) in respect of the digital process.

Amendment 15 #

Draft opinion
Paragraph 3 b (new)

3 b. Echoes the Commission concerns as regards the compatibility with the Withdrawal Agreement of two aspects of UK implementation, namely the lack of legal clarity to EU citizens, who hold a new UK residence status, as to whether their rights are guaranteed by the Withdrawal Agreement or by the UK immigration law;

Amendment 16 #

Draft opinion
Paragraph 3 c (new)

3 c. Highlights that the misalignment between status under the EUSS and Withdrawal Agreement rights may present a risk of legal uncertainty for EU citizens if they cannot use their EUSS status to prove their rights under the Withdrawal Agreement; Calls on the UK Government to come forward with possible solutions.

Amendment 17 #

Draft opinion
Paragraph 3 d (new)

3 d. Notes that the EU citizens and their families who can show reasonable grounds for missing the deadlines can still apply to the EUSS.

Amendment 18 #

Draft opinion
Paragraph 4

4. URegrets the increasing delays in issuing residence documents and entry visas for EU citizens in UK and urges the UK authorities to elaborate plans to reduce the number of cases awaiting a decision; similarly urges the UK authorities to ensure the effective and transparent implementation of temporary protection measures for EU citizens who missed the deadline for applications;

Amendment 19 #

Draft opinion
Paragraph 4

4. Urges the UK authorities to ensure the effective and transparent implementation of temporary protection measures for EU citizens who missed the deadline for applications;, including the right to remain, work and access services during the interim period while their applications are considered.

Amendment 2 #

Draft opinion
Paragraph -1 a (new)

-1 a. Welcomes the Joint Statement following the tenth meeting of the Specialised Committee on Citizens’ Rights of 15 June 20221a whereby the EU and UK reaffirmed their commitment to protect citizens’ rights in accordance with the obligations laid down in the Withdrawal Agreement; _________________ 1a https://ec.europa.eu/info/sites/default/files /20.06.2022_joint_statement_sc_citizens_r ights_en.pdf

Amendment 20 #

Draft opinion
Paragraph 4

4. Urges the UK authorities to ensure the effective, compliant with Article 18(3) of the WA and transparent implementation of temporary protection measures for EU citizens who have pending applications, including those who missed the initial deadline for applications to the EUSS;

Amendment 21 #

Draft opinion
Paragraph 4 a (new)

4 a. Is concerned that the conditions and rights of pre-settled status holders are less secure than those of settled status, in particular that, pre-settled status holders without Comprehensive Sickness Insurance (CSI) have not been considered to have Withdrawal Agreement rights and thus cannot access benefits; recalls that in its judgement of 10 March 2022, the Court of Justice of the European Union ruled that eligibility for NHS treatment does count as CSI and that the UK should not have imposed the CSI requirement to maintain a right to reside; urges therefore the United Kingdom to comply, pursuant to Article 89 of the Withdrawal Agreement, with such judgments;

Amendment 22 #

Draft opinion
Paragraph 4 a (new)

4 a. Expresses its concern in respect of the difficulties that EU citizens and their family members may experience when attempting to return to the UK due to the lack of knowledge of airlines concerning the digital process for verifying settled or pre-settled status and their inability to verify this at airport gates prior to boarding.

Amendment 23 #

Draft opinion
Paragraph 4 b (new)

4 b. Calls the UK authority to take particular care with regard to families, registered partners, and persons in an existing durable relationship when entering the UK to join their family members, calls for specific attention to be paid to this scenario to ensure rights are implemented during transition.

Amendment 24 #

Draft opinion
Paragraph 5

5. Considers it inconsistent with the WA that pre-settled status holders who do not reapply successfully for settled status risk losing their rights to live, work and access services in the UK; points out that pre-settled status holders can only lose their residence rights in limited circumstances (e.g. criminality, fraudulent applications, and extended absences), and that these circumstances do not include failing to apply for settled status; welcomes the fact that the UK High Court has granted permission to the UK Independent Monitoring Authority for the Citizens’ Rights Agreements to proceed with its judicial review claim against the Home Office in this respect;

Amendment 25 #

Draft opinion
Paragraph 5

5. Considers it ~~inconsistent with~~unacceptable and contrary to the WA that pre-settled status holders who do not reapply successfully for settled status within five years risk losing their rights to live, work and ~~access services in the UK~~access services, such as social security support and housing, and may face detention and deportation in the UK; stresses that once acquired, EU citizens’ rights can only be lost or withdrawn for the reasons laid out in article 15 (3) of the WA, which does not provide for such a circumstance; denounces that around two and a half million EU citizens are at risk of losings these rights and urges the UK authorities to respect the letter of the WA and implement it fully;

Amendment 26 #

Draft opinion
Paragraph 5

5. ~~Considers it~~Is deeply concerned about the inconsistentce with the WA ~~that~~regarding pre- settled status holders who do not reapply successfully for settled status risk losing their rights to live, work and access services in the UK. Considers that urgent solutions should be found to ensure compliance with the WA and to prevent that the rights of individuals are undermined;

Amendment 27 #

Draft opinion
Paragraph 5

Amendment 28 #

Draft opinion
Paragraph 5 a (new)

5 a. Commends the work of the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA); Recalls that in December 2021, the IMA launched judicial review proceedings against the Home Office for the domestic implementation of the UK’s commitments to EU and EEA citizens in the UK-EU Withdrawal Agreement and that the hearing will take place at the Royal Courts of Justice on the 1st and 2nd of November 2022

Amendment 29 #

Draft opinion
Paragraph 5 a (new)

5 a. Reiterates its call on the UK authorities to fully respect the Good Friday Agreement in all its parts as stated in the WA and to ensure that there is no diminution of rights for citizens in Northern Ireland;

Amendment 3 #

Draft opinion
Paragraph 1

1. Recalls that the Withdrawal Agreement allows the EU Member States and the UK to require mandatory application as a condition for confirmation of the enjoyment of the rights provided by the Agreement and that, like 13 Member States, the UK opted for a ‘constitutive system’ (the EU Settlement Scheme – EUSS), which grants eligible EU citizens resident in the UK either settled status or pre-settled status at the end of the transition period, allowing them to reside legally in the UK and enjoy all the rights provided for under the Withdrawal Agreement (WA); recalls that the WA makes clear that the administrative procedures under a constitutive system must be ‘smooth, transparent and simple’ and administrative costs must not exceed those imposed on nationals of the host State for obtaining similar documents;

Amendment 30 #

Draft opinion
Paragraph 5 b (new)

5 b. Stresses that the social and employment rights acquired by the EU citizens should not be undermined and calls on the UK authorities to guarantee them; insists that further codification of citizens’ rights through legally binding provisions, including free movement for UK nationals in the EU based on a reciprocal approach, should be drawn up;

Amendment 31 #

Draft opinion
Paragraph 5 c (new)

5 c. Remains concerned about the situation of cross-border workers and calls on the UK authorities to guarantee their freedom of movement, based on non- discrimination and reciprocity; reiterates in this regard that the situation of Gibraltar and Northern Ireland where the rights of residents and especially those of workers who move from both sides must be secured without delay;

Amendment 32 #

Draft opinion
Paragraph 6

6. Urges declaratory Member States to address the UK’s concerns relating to evidencing status and to UK citizens living in the EU accessing benefits and services and calls on the Commission to improve the monitoring of the implementation of the Withdrawal Agreement in the Member States in order to reduce cases of misapplication;

Amendment 33 #

Draft opinion
Paragraph 6

6. Urges ~~declaratory~~ Member States that opted for an Article 18(4) implementation, which does not require an application process to confirm rights under the WA, to address the UK’s concerns relating to evidencing status and to UK citizens living in the EU accessing benefits and services;

Amendment 34 #

Draft opinion
Paragraph 6 a (new)

6 a. Shares concerns about difficulties some UK nationals are facing evidencing status in some EU countries but welcoming the Commission’s initiatives to further support and provide further and clear guidance to EU Member States on the Implementation of Part II of the WA.

Amendment 35 #

Draft opinion
Paragraph 7

7. Condemns incidents where EU citizens trying to enter the UK without a visa have been detained and held in immigration removal centres, often for disproportionately long periods; regrets the UK’s decision to charge different fees to visa applicants from a number of different EU countries depending on their country of origin.; stresses that any mobility arrangements, including visa-free travel for short term stays, should be based on non-discrimination between the Member States and full reciprocity;

Amendment 36 #

Draft opinion
Paragraph 7

7. Condemns incidents where EU citizens trying to enter the UK without a visa have been unfairly detained and held in immigration removal centres, often for disproportionately long periods; regrets the UK’s decision to charge different fees to visa applicants from a number of different EU countries depending on their country of origin.

Amendment 37 #

Draft opinion
Paragraph 7 a (new)

7 a. Acknowledges that the UK is a sovereign State and as such is free to set its own immigration policies; points out, however, that Section 75 of the UK’s Nationality and Borders Act requiring those without a UK immigration status (including EU citizens, with the exception of Irish citizens) to have an electronic travel authorisation (ETA) before entering Northern Ireland will impact negatively on European Union citizens resident in Ireland; stresses, moreover, that the ETA system would not be fully in line with Article 2 of the Protocol on Northern Ireland, which protects the rights of individuals and requires the UK to ensure that there is no diminution of the rights, safeguards or equality of opportunity, including protection against discrimination; emphasises that any UK proposal which could ultimately require EU citizens resident in Ireland to register in order to obtain an exemption from the ETA system is disproportionate and its implementation would amount to a possible breach of the principle of non- discrimination as set out in the Treaties";

Amendment 38 #

Draft opinion
Paragraph 7 a (new)

7 a. Urges the UK to deal with the on- going asylum requests under the Dublin procedure effectively and without delay; strongly stresses the obligation of both the EU27 and the UK to protect all children on their territory, regardless of their status, relationship or family connections, including unaccompanied minors, and to safeguard all children’s access to their right to protection, family life and well- being in light of their best interests, in line with the United Nations Convention on the Rights of the Child 1989 (UNCRC);

Amendment 39 #

Draft opinion
Paragraph 7 a (new)

7 a. Is concerned that citizens in Northern Ireland enjoy different rights depending on their nationality; urges the UK authorities to ensure there is no diminution of rights for the citizens in Northern Ireland and to fully respect the Good Friday Agreement in all its parts;

Amendment 4 #

Draft opinion
Paragraph 1

1. Recalls that the UK opted for a ‘constitutive system’ (the EU Settlement Scheme – EUSS), which grants eligible EU citizens resident in the UK either settled status or pre-settled status at the end of the transition period, allowing themn application process under Article 18(1) of the Withdrawal Agreement (WA) confirming the rights of eligible EU citizens resident in the UK and their family members at the end of the transitional period. Recalls that the UK has implemented this process through the EU Settlement Scheme (EUSS) which grants either settled status or pre-settled status in order to reside legally in the UK and enjoy ~~all the~~the full suite of rights provided ~~for~~ under the W~~ithdrawal Agreement (WA); r~~A. Recalls that the WA makes clear that the administrative procedures under a constitutive system must be ‘'smooth, transparent ~~and simple’~~, simple and non- discriminatory';

Amendment 40 #

Draft opinion
Paragraph 7 a (new)

7 a. Emphasises the competence of the CJEU for the interpretation of questions related to EU law under the Withdrawal Agreement.

Amendment 41 #

Draft opinion
Paragraph 7 a (new)

7 a. Regrets the UK decision to apply differentiated treatment in terms of visa fees for the citizens of a number of EU countries.

Amendment 42 #

Draft opinion
Paragraph 7 b (new)

7 b. Recalls that the signature of the European Union to the TCA and its ratification by the European Parliament was conditioned to the full implementation of the Withdrawal Agreement; Regrets that as of today, the WA has still not been fully implemented especially as regards to the Protocol on Northern Ireland;

Amendment 43 #

Draft opinion
Paragraph 7 b (new)

7 b. Recalls and condemns again that cooperation in the area of asylum and migration was not included in the WA; is deeply concerned about the situation in the English Channel and the plans from the UK authorities to send asylum seekers to unsafe destinations; urges the need to comply with international law;

Amendment 44 #

Draft opinion
Paragraph 7 b (new)

7 b. Calls on the Member States and the UK to continue to provide full and up- to-date statistical information to the Specialise Committee on Citizens’ Rights as regard implementation of the WA.

Amendment 45 #

Draft opinion
Paragraph 7 c (new)

7 c. Expresses deep concern about recent proposed Acts by the UK Government such as the Bill of Rights, the Data Reform Bill and the Online Safety Bill, which have largely been criticised by experts and civil society for their potential to undermine individuals’ fundamental rights and data protection; welcomes that the Bill of Rights has been dropped as it would have allowed UK courts to disregard judgments of and interim rulings by the European Court of Human Rights and the body that supervises compliance with its judgments; recalls that continued adherence and giving effect to the ECHR was one of the essential prerequisites in the WA, in particular concerning law enforcement and judicial cooperation in criminal matters; is concerned, however, about the intentions from the UK Government to move away from GDPR alignment with the proposal for a Data Reform Bill; stresses that enacting the Data Reform Bill would make any future adequacy decision less likely to be adopted, more fraught with loopholes and raises the spectre of another Privacy Shield-style workaround;

Amendment 46 #

Draft opinion
Paragraph 7 c (new)

7 c. Deeply regrets the publication of the Northern Ireland Protocol Bill by the UK Government; Recalls that this unilateral action is in violation of international law; Calls on the UK Government to honour its commitments and to engage with the Commission within the legal framework of the WA;

Amendment 47 #

Draft opinion
Paragraph 7 c (new)

7 c. Urges the European Commission and the UK to reconvene the Specialised Committee on Citizens’ Rights as soon as possible and continue holding meetings on a quarterly basis until the concerns identified in this report have been fully addressed.

Amendment 48 #

Draft opinion
Paragraph 7 d (new)

7 d. Considers that further particular attention should be paid to the legal framework in place in the UK in the fields of national security and processing of personal data by law enforcement authorities or for migration related matters in order to make sure that all the conditions required by Union data protection law, particularly Regulations 2016/679 and 2018/1725 and Directive 2016/680, and the case-law of the CJEU are fulfilled, and hence ensure that the level of protection is essentially equivalent to that afforded by the European Union. Reminds that mass surveillance programmes such as Tempora are not equivalent with EU data protection rules and reiterates its call to take into consideration case law in this field such as the Schrems cases. Is concerned about the proposal to expand data sharing, including biometric data, under the Prüm regime. Reminds previous calls for respect of the fundamental rights of individuals, including continued adherence and giving effect to the ECHR, adequate protection of personal data, and effective legal safeguards, which are essential prerequisites for allowing police and judicial cooperation in criminal matters.

Amendment 49 #

Draft opinion
Paragraph 7 d (new)

7 d. Welcomes the Regulation 2022/0068(COD) proposal by the Commission which will allow the Union to take swift action in the form of measures if there is a breach of the Withdrawal Agreement and/or the Trade and Cooperation Agreement.

Amendment 5 #

Draft opinion
Paragraph 1

1. Recalls that the UK opted for a ‘constitutive system’ (the EU Settlement Scheme – EUSS), which grants eligible EU citizens resident in the UK either settled status or pre-settled status at the end of the transition period, allowing them to reside legally in the UK and enjoy all the rights provided for under the Withdrawal Agreement (WA); recalls that the WA makes clear that the administrative procedures under a constitutive system must be ‘smooth, transparent and simple’, and reiterates that these schemes should be non-discriminatory, treating EU citizens holding pre-settled status equally with UK citizens;

Amendment 6 #

Draft opinion
Paragraph 1 a (new)

1 a. Recalls, as stressed in the article 5 of the WA, that the EU and the UK shall, in full mutual respect and good faith, assist each other in respect of tasks flowing from the Agreement. This should extend to protecting each other citizens in dealing with the transition.

Amendment 7 #

Assita KANKO

Draft opinion
Paragraph 1 a (new)

1 a. Stresses that only full implementation of the WA will provide legal certainty needed by citizens and have long-term effects.

Amendment 8 #

Draft opinion
Paragraph 1 b (new)

1 b. Recalls, as stressed on article 18 (1.g) of theWA, that the administrative transition should be free of charge or for a charge not exceeding that imposed on citizens or nationals of the host State for the issuing of similar documents.

Amendment 9 #

Barry ANDREWS, Catharina RINZEMA

Draft opinion
Paragraph 2

2. ~~Stresses that the~~Expresses its concern that there is a misalignment of the EUSS with the WA since the UK authorities do not accept that all EUSS status holders are beneficiaries of the WA and not all beneficiaries of the WA are able to apply to the EUSS. Stresses that this misalignment of the EUSS with the WA creates a risk of legal uncertainty for EU citizens in the UK as to whether their rights are guaranteed under UK immigration law or by the WA, and whether they can use their EUSS status to prove their rights under the WA. Stresses that this misalignment also excludes a cohort (including Lounes dual nationals) from accessing their rights under the WA or having them confirmed;

source: 736.705

2022/10/24 INTA 43 amendments...

Amendment 1 #

Draft opinion
Recital A

A. whereas the decision of the UK government to pursue a hard Brexit upon its withdrawal ~~of the UK~~ from the EU was inevitably going to entail the disruptive disintegration of economic and trade ties and the divergence of regulatory regimes for operators, citizens and third-country trading partners;

Amendment 10 #

Draft opinion
Recital C a (new)

Ca. whereas the Joint Committee proposed, under the EU-UK Withdrawal Agreement, a number of aspects related to the Protocol. This was done in order to address the practical problems associated with the implementation of the Protocol, within the so-called grace periods. The United Kingdom has gone against its international obligations and its obligations of transparency as it has unilaterally extended these grace periods;

Amendment 11 #

Draft opinion
Recital C a (new)

C a. Whereas elected officials and stakeholders in Northern Ireland have first-hand knowledge and experience on the practical consequences of the implementation of the Protocol;

Amendment 12 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Marie-Pierre VEDRENNE, Barry ANDREWS, Urmas PAET, Samira RAFAELA, Dita CHARANZOVÁ, Svenja HAHN, Nicolae ŞTEFĂNUȚĂ

Draft opinion
Recital C a (new)

C a. whereas it is necessary to preserve a level-playing field and legal certainty for businesses and citizens;

Amendment 13 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Marie-Pierre VEDRENNE, Barry ANDREWS, Urmas PAET, Samira RAFAELA, Dita CHARANZOVÁ, Svenja HAHN, Nicolae ŞTEFĂNUȚĂ

Draft opinion
Recital C b (new)

C b. whereas a lack of implementation of the Withdrawal Agreement will have serious consequences for the entire EU- UK relationship, extending beyond the Withdrawal Agreement;

Amendment 14 #

Paolo DE CASTRO, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

Draft opinion
Recital C b (new)

Cb. whereas, as a result of this unilateral extension, a number of central aspects of the Protocol are not being implemented;

Amendment 15 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Marie-Pierre VEDRENNE, Barry ANDREWS, Urmas PAET, Samira RAFAELA, Dita CHARANZOVÁ, Svenja HAHN, Nicolae ŞTEFĂNUȚĂ

Draft opinion
Recital C c (new)

C c. whereas it is paramount to uphold international law and strengthen cooperation with likeminded countries and democratic allies on the basis of mutual trust, in particular given the current geopolitical and security context;

Amendment 16 #

Draft opinion
Paragraph 1

1. Notes that the UK’s withdrawal from the EU has resulted in trade and supply chain disruptions and rising costs for traders in various sectors, investors and industry due to transportation shortages, shipping delays ~~and customs border commotion~~, difficulties in complying with changing import rules and customs border commotion as a consequence of dual regulatory systems and additional formalities; notes that this has resulted in an overall decline in the UK’s trade in goods and services with the EU, in stark contrast to trade between Northern Ireland and the Republic of Ireland which has increased significantly since the Protocol began operating in January 2021;

Amendment 17 #

Draft opinion
Paragraph 1

1. Notes that the UK’s withdrawal from the EU has resulted in trade and supply chain disruptions and rising costs for traders in various sectors, investors and industry due to transportation shortages, shipping delays and customs border commotion; notes that this has resulted in an overall decline in the UK’s trade with the EU~~, in stark contrast to trade between Northern Ireland and the Republic of Ireland which has increased significantly since the Protocol began operating in January 2021~~;

Amendment 18 #

Draft opinion
Paragraph 1

1. Notes that the UK’s withdrawal from the EU has resulted in trade and supply chain disruptions, increased uncertainties for citizens and businesses, and rising costs for traders in various sectors, investors and industry due to transportation shortages, shipping delays and customs border commotion; notes that this has resulted in an overall decline in the UK’s trade with the EU, in stark contrast to trade between Northern Ireland and the Republic of Ireland which has increased significantly since the Protocol began operating in January 2021;

Amendment 19 #

Paolo DE CASTRO, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

Draft opinion
Paragraph 1 a (new)

1 a. Recalls that the eighteen months of its operation have demonstrated that the Protocol is, in several important respects, successfully serving its purpose on the island of Ireland, including ensuring that complex supply chains and trade between Northern Ireland and the Republic of Ireland can continue to operate;

Amendment 2 #

Draft opinion
Recital A a (new)

A a. whereas in 2021 EU imports of goods from the United Kingdom are estimated at EUR 146 billion, which is a marked decline both compared to 2020 (- 13.6%) and to 2019 (-24.8%); whereas in the same year EU exports of goods to the United Kingdom are estimated at EUR 283 billion, up by 1.9% compared to 2020 but still 11.4% below the level registered in 2019;

Amendment 20 #

Emmanouil FRAGKOS

Draft opinion
Paragraph 1 a (new)

1a. Points out that the return of the Elgin Marbles from the British Museum to the Acropolis Museum would be welcomed as a meaningful gesture in a bid to improve relations following the UK exit from the European Union;

Amendment 21 #

Draft opinion
Paragraph 2

2. Highlights that the Protocol places Northern Ireland in a unique position by granting access to goods produced in Northern Ireland to both the EU’s single market and the UK’s internal market; notes that the majority of Members of the Legislative Assembly in Northern Ireland were elected on ~~platforms supportive of the Protocol on 5 May 2022~~5 May 2022, express support for retaining the Protocol, in some form, as the framework for governing trading arrangements in Northern Ireland; and regrets that a Northern Ireland Executive has yet to be formed owing to minority opposition to the Protocol;

Amendment 22 #

Draft opinion
Paragraph 2 a (new)

2a. Points out that that ongoing uncertainty regarding the trading arrangements for Northern Ireland are harmful and detrimental to business; observes that investment into Northern Ireland is declining and because of this, the advantages that could come about as a result of dual market access provided by the Protocol are being destroyed;

Amendment 23 #

Draft opinion
Paragraph 2 b (new)

2b. Acknowledges that businesses in Northern Ireland will be under more pressure because they will have to deal with differences between UK and EU policies; notes that they will be operating under both EU and UK policies in a range of areas; recognises that this will create many problems for businesses and will possibly affect competition;

Amendment 24 #

Draft opinion
Paragraph 2 a (new)

2 a. Highlights that non- implementation of the Protocol with regards to the movement of goods between Great Britain and Northern Ireland poses risks to the integrity and functioning of the Single Market and Customs Union; notes that such a risk undermines the EU vis-à-vis other trading partners in as much as it could cast doubt as to the legitimacy of the origin of EU products and the extent to which the EU can offer flexibilities regarding market access to third countries;

Amendment 25 #

Draft opinion
Paragraph 3

3. Reiterates the consistent EU position that the Protocol will not be renegotiated and highlights that EU Member States and institutions remain united in this view; points out that solutions to the implementation challenges associated with the Protocol are reachable within the framework of the agreement, and that renegotiation would only further increase legal uncertainty for businesses and citizens in Northern Ireland;

Amendment 26 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Marie-Pierre VEDRENNE, Barry ANDREWS, Urmas PAET, Samira RAFAELA, Dita CHARANZOVÁ, Svenja HAHN, Nicolae ŞTEFĂNUȚĂ

Draft opinion
Paragraph 3

3. Reiterates the consistent EU position that the Protocol will not be renegotiated and highlights that EU Member States and institutions remain united in this view; points out that renegotiation would only further increase legal uncertainty and lack of predictability for businesses and citizens in Northern Ireland;

Amendment 27 #

Paolo DE CASTRO, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

Draft opinion
Paragraph 3

3. Reiterates the consistent EU position that the Protocol will not be renegotiated and highlights that EU Member States ~~and institut~~, Parliament and Commissions remain united in this view; points out that renegotiation would only further increase legal uncertainty for businesses and citizens in Northern Ireland;

Amendment 28 #

Draft opinion
Paragraph 3 a (new)

3 a. Underlines that the rigorous, timely and full implementation of the Withdrawal Agreement and of the Trade and Cooperation Agreement, which are based on international law, is and will always remain a key priority for the Union;

Amendment 29 #

Paolo DE CASTRO, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

Draft opinion
Paragraph 4

4. Recalls that the EU has always sought pragmatic solutions to address implementation challenges experienced by stakeholders in Northern Ireland, and notably through far reaching proposals put to the UK in October 2021 aimed at lessening the impact of Brexit in Northern Ireland; regrets that the UK Government has not earnestly engaged with the EU on these proposals thus far; Deplores that the Protocol has been instrumentalised by the UK government and reaffirms that technical solutions that ease trade between Great Britain and Northern Ireland, while avoiding a hard-border on the island of Ireland, are reachable;

Amendment 3 #

A b. whereas EU imports and exports of goods with the rest of its partners sharply rose in 2021 compared to 2020 and above the 2019 pre-pandemic levels, while trade with the United Kingdom is still far from its pre-pandemic level;

Amendment 30 #

Geert BOURGEOIS

Draft opinion
Paragraph 4

4. Recalls that the EU has always sought pragmatic and flexible solutions to address implementation challenges experienced by stakeholders in Northern Ireland, and notably through far reaching proposals put to the UK in October 2021 aimed at lessening the impact of Brexit in Northern Ireland; regrets that it has taken about a year for the UK Government ~~has no~~to earnestly engaged with the EU on these proposals ~~thus far~~; yet incites both parties to come to a durable agreement;

Amendment 31 #

Draft opinion
Paragraph 4

Amendment 32 #

Draft opinion
Paragraph 4

4. Recalls that the EU has always sought pragmatic and flexible solutions to address implementation challenges experienced by stakeholders in Northern Ireland, and notably through far reaching proposals put to the UK in October 2021 aimed at lessening the impact of Brexit in Northern Ireland; regrets that the UK Government has not earnestly engaged with the EU on these proposals thus far;

Amendment 33 #

Paolo DE CASTRO, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

Draft opinion
Paragraph 4 a (new)

4 a. Underlines that the EU remains open to discussions with the UK Government towards finding common solutions within the framework of the Protocol that can enable its sustainable long-term operation. Welcomes the resumption of technical discussions between the EU and UK and expresses hope that technical discussions will lead to common solutions;

Amendment 34 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Marie-Pierre VEDRENNE, Barry ANDREWS, Urmas PAET, Samira RAFAELA, Dita CHARANZOVÁ, Svenja HAHN, Nicolae ŞTEFĂNUȚĂ

Draft opinion
Paragraph 4 a (new)

4 a. Notes the recent resumption of talks between the EU and the UK following a pause in the talks since February 2022; regrets that the UK has not been willing to accept a satisfactory negotiated solution yet, despite the flexibility of the EU to engage on the Northern Ireland Protocol;

Amendment 35 #

Draft opinion
Paragraph 4 a (new)

4 a. Urges the Commission to continue monitoring the United Kingdom’s regulatory system in the areas covered by the TCA, in order to ensure that it does not conflict with the TCA provisions and that Union workers and businesses are not put at a competitive disadvantage;

Amendment 36 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Marie-Pierre VEDRENNE, Barry ANDREWS, Urmas PAET, Samira RAFAELA, Dita CHARANZOVÁ, Svenja HAHN, Nicolae ŞTEFĂNUȚĂ

Draft opinion
Paragraph 5

5. DStrongly deplores the publication on 13 June 2022 of the Northern Ireland Protocol Bill by the UK~~; calls on~~, which is an attempt to unilaterally override most parts of the Protocol; highlights the need to preserve the role of the European Court of Justice, which is necessary to interpret the applicable EU law; strongly rejects the proposed removal of the obligation for businesses in Northern Ireland to align with provisions in EU law; reaffirms the need for a level-playing field in the field of state-aid; and therefore urges the UK Parliament not to adopt the bill and calls on the UK Government to engage constructively with the Commission toand address practical trading issues within the legal framework of the Protocol.

Amendment 37 #

Draft opinion
Paragraph 5

5. Deplores the publication on 13 June 2022 of the Northern Ireland Protocol Bill by the UK; recalls that such unilateral actions by the UK is in violation of international law, contributes to economic and political uncertainty in Northern Ireland, and undermines the relationship between the EU and the UK; calls on the UK Parliament not to adopt the bill and on the UK Government to engage constructively with the Commission ~~to address practical trading issues within the legal framework of the Protocol~~in order to arrive at a negotiated outcome; emphasises that the perspectives of Northern Irish citizens and business should be engaged in this process.

Amendment 38 #

Draft opinion
Paragraph 5

5. Deplores the publication on 13 June 2022 of the Northern Ireland Protocol Bill by the UK; Considers that, in its current form, it would constitute a break of International law; calls on the UK Parliament not to adopt the bill and on the UK Government to engage with the Commission to address practical trading issues within the legal framework of the Protocol.

Amendment 39 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Marie-Pierre VEDRENNE, Barry ANDREWS, Urmas PAET, Samira RAFAELA, Dita CHARANZOVÁ, Svenja HAHN, Nicolae ŞTEFĂNUȚĂ

Draft opinion
Paragraph 5 a (new)

5 a. Takes note of the Regulation 2022/0068(COD)1a proposal by the Commission which will allow the Union to take swift action in the form of measures if there is a breach of the Withdrawal Agreement and/or the Trade and Cooperation Agreement; emphasises the importance of this readiness, given the recent threats by the UK government to unilaterally override parts of the Protocol; however, believes that a satisfactory negotiated solution should be found in good faith and on the basis of mutual trust. _________________ 1a Laying down rules for the exercise of the Union's rights in the implementation and enforcement of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (COM(2022)0089 – C9- 0059/2022 – 2022/0068(COD))

Amendment 4 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Marie-Pierre VEDRENNE, Barry ANDREWS, Urmas PAET, Samira RAFAELA, Dita CHARANZOVÁ, Svenja HAHN, Nicolae ŞTEFĂNUȚĂ

Draft opinion
Recital B

B. whereas the Protocol on Ireland/Northern Ireland (the Protocol) is the only solution found with the UK, after four years of intense negotiations, to address the specific consequences for Northern Ireland of the UK’s decision to leave the EU single market and the customs union, and to ensure the protection of the Good Friday Agreement in all its dimensions, the functioning of the all- island economy without a hard border and the integrity of the EU’s single market for goods, consumer protection and other areas;

Amendment 40 #

Paolo DE CASTRO, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

Draft opinion
Paragraph 5 a (new)

5 a. Calls on the UK government to proactive involve the Legislative Assembly in Northern Ireland, elected officials and stakeholders, in finding practical solutions for the implementation of the UK Withdrawal Agreement and the Protocol; Points out that parliament, including the European Parliament, should play an enhanced role in the enforcement and implementation of these agreements.

Amendment 41 #

Geert BOURGEOIS

Draft opinion
Paragraph 5 a (new)

5 a. Recalls that in addition to the implementation challenges of the UK’s Withdrawal Agreement, we should strive to build a comprehensive strategic partnership with the UK for the future on various domains where the ambitions could reach much further like the Horizon Programme and innovation, Erasmus, cooperation in and around the North Sea, energy and CO2-storage.

Amendment 42 #

Draft opinion
Paragraph 5 a (new)

5 a. Calls on the Commission to keep the European Parliament fully informed in a timely manner of all difficulties that may arise, in particular possible breaches of the Agreements, putting at risk a level playing field and fair competition for Union's workers and businesses.

Amendment 43 #

Paolo DE CASTRO, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

Draft opinion
Paragraph 5 b (new)

5 b. Welcomes the Commission proposal to lay down rules and procedures governing the exercise of Union's rights under the Withdrawal Agreement and the Trade and Cooperation Agreement.

Amendment 5 #

Barry ANDREWS, Catharina RINZEMA

Draft opinion
Recital B

B. Whereas Brexit has never had cross-community support in Northern Ireland, whereas the Protocol on Ireland/Northern Ireland (the Protocol) is the only solution found with the UK, after four years of intense negotiations, to address the specific consequences for Northern Ireland of the UK’s decision to leave the EU single market and the customs union, and to ensure the protection of the Good Friday Agreement, the functioning of the all-island economy and the integrity of the EU’s single market;

Amendment 6 #

Draft opinion
Recital B

B. whereas the Protocol on Ireland/Northern Ireland (the Protocol) is the only solution found with the UK, after four years of intense negotiations, to address the specific consequences for Ireland and Northern Ireland of the UK’s decision to leave the EU single market and the customs union, and to ensure the protection of the Good Friday Agreement, the functioning of the all-island economy and the integrity of the EU’s single market;

Amendment 7 #

Barry ANDREWS, Catharina RINZEMA

Draft opinion
Recital B a (new)

B a. Whereas the UK Withdrawal Agreement has been ratified by the EU and the UK and is thus a legally-binding treaty under International public law;

Amendment 8 #

Draft opinion
Recital C

C. whereas the EU-UK’s Withdrawal Agreement, notably the Protocol and the EU-UK Trade and Cooperation Agreement (TCA), constitute a common framework for the UK’s trading relationship with the EU, whereas the EU-UK Trade and Cooperation Agreement is predicated on the full implementation of the Withdrawal Agreement and its Protocol, and implementation challenges under the Withdrawal Agreement and the Protocol are therefore inextricably linked to the TCA;

Amendment 9 #

Kosma ZŁOTOWSKI, Ryszard CZARNECKI, Angel DZHAMBAZKI

Draft opinion
Recital C

C. whereas the UK’s Withdrawal Agreement, notably the Protocol and the EU-UK Trade and Cooperation Agreement (TCA), constitute a common framework for the UK’s trading relationship with the EU, ~~and~~meaning that implementation challenges under the Withdrawal Agreement and the Protocol are therefore inextricably linked to the TCA, and could have far-reaching implications for the broader trading EU-UK relationship;

source: 737.441

2022/11/09 PETI 41 amendments...

Amendment 1 #

Draft opinion
Paragraph 1

1. Recalls the fundamental principle of protecting citizens’ rights as described in the Treaties, the Charter of Fundamental Rights and the European Convention on Human Rights;

Amendment 10 #

Kosma ZŁOTOWSKI, Ryszard CZARNECKI, Angel DZHAMBAZKI

Draft opinion
Paragraph 3

3. Recalls that the Agreement protects the rights of those EU citizens and their family members who exercised their right of free movement in the UK in accordance with EU law before the end of the transition period and who ~~have~~ continued to reside there following its end, as well as those UK ~~citizen~~nationals and their families who are exercising the same right in a Member State of the EU~~- 27~~; reiterates the need for the public authorities in both the United Kingdom and the EU to ensure this principle;

Amendment 11 #

Marie-Pierre VEDRENNE, Jordi CAÑAS, Ulrike MÜLLER

Draft opinion
Paragraph 3

3. Recalls that the Agreement protects the rights of those EU citizens and their family members who exercised their right of free movement in the UK in accordance with EU law before the end of the transition period and who have continued to reside there following its end, as well as those UK citizens who are exercising the same right in a Member State of the EU- 27; reiterates the need for the public authorities in both the United Kingdom and the EU to ensure this principle; it is therefore necessary to remain vigilant regarding any decisions or attempts by British authorities to weaken these rights or the enforcement thereof or to exclude parts of the UK from the scope of the Agreement, Northern Ireland in particular;

Amendment 12 #

Ibán GARCÍA DEL BLANCO, Cristina MAESTRE MARTÍN DE ALMAGRO

Draft opinion
Paragraph 3 a (new)

3 a. Recalls that those protected by the Withdrawal Agreement who have not yet acquired permanent residence rights – if they have not lived in the host state for at least five years – will be fully protected by the Withdrawal Agreement, and will be able to continue residing in the host state and acquire permanent residence rights in the host state after accumulating five years of residence;

Amendment 13 #

Ibán GARCÍA DEL BLANCO, Cristina MAESTRE MARTÍN DE ALMAGRO

Draft opinion
Paragraph 3 a (new)

3 a. Recalls the role of the European Commission in monitoring the implementation of this agreement and welcomes the Commission's proposal for a Regulation 2022/0068 allowing the Union to act promptly in the event of violations of the withdrawal agreement including any violations of the citizens' rights guaranteed by the Agreement;

Amendment 14 #

Draft opinion
Paragraph 3 b (new)

3 b. Recalls that EU citizens and UK nationals who arrived in the host state before 1 January 2021 enjoy the same rights and obligations under the Withdrawal Agreement as those who arrived in the host state before 1 February 2020;

Amendment 15 #

Ibán GARCÍA DEL BLANCO, Cristina MAESTRE MARTÍN DE ALMAGRO

Draft opinion
Paragraph 3 c (new)

3 c. Recalls that EU citizens and UK nationals frontier workers and frontier self-employed persons are also protected in the countries where they work;

Amendment 16 #

Ibán GARCÍA DEL BLANCO, Cristina MAESTRE MARTÍN DE ALMAGRO

Draft opinion
Paragraph 3 d (new)

3 d. Recalls that the citizens covered by the Withdrawal Agreement maintain their right to healthcare, pensions and other social security benefits, and if they are entitled to a cash benefit from one country, they will in principle be entitled to receive it, even if they decide to live in another country; and that workers and self-employed persons concerned have the right to take up employment or to carry out an economic activity as a self- employed person;

Amendment 17 #

Kosma ZŁOTOWSKI, Ryszard CZARNECKI, Angel DZHAMBAZKI

Draft opinion
Paragraph 4

4. Recalls that the rights ~~provid~~guaranteed by the citizens’ rights section of the Agreement can be relied on directly by EU citizens in UK courts and by UK nationals in the courts of the Member States;

Amendment 18 #

Ibán GARCÍA DEL BLANCO, Cristina MAESTRE MARTÍN DE ALMAGRO

Draft opinion
Paragraph 4

4. Recalls that UK courts must pay due regard to CJEU case law handed down after the transition period, and the rights provided by the citizens’ rights section of the Agreement can be relied on directly by EU citizens in UK courts and by UK nationals in the courts of the Member States;

Amendment 19 #

Kosma ZŁOTOWSKI, Ryszard CZARNECKI, Angel DZHAMBAZKI

Draft opinion
Paragraph 5

5. Recalls that the Agreement provides a role for the Court of Justice of the EU, by permitting UK courts to ask ithe Court of Justice, under certain conditions, for a preliminary ruling on the interpretation of the ~~citizens’ rights section~~Part Two of the Agreement for eight years following the end of the transition period;

Amendment 2 #

Draft opinion
Paragraph 1 a (new)

1 a. Recalls that the Withdrawal Agreement (Article 2, Irish Protocol) provides that there shall be “no diminution of rights, safeguards or equality of opportunity” for people in Northern Ireland;

Amendment 20 #

Draft opinion
Paragraph 5 a (new)

5 a. Recalls that continued adherence to the European Convention on Human Rights was one of the Parliament’s prerequisites for the WA. Regrets proposals from the UK Government such as the Bill of Rights, that would have allowed UK courts to disregard judgments of and interim rulings by the European Court of Human Rights;

Amendment 21 #

Kosma ZŁOTOWSKI, Ryszard CZARNECKI, Angel DZHAMBAZKI

Draft opinion
Paragraph 7

7. ~~Highlight~~Welcomes the role of the Independent Monitoring Authority in receiving complaints and conducting inquiries regarding alleged breaches of the Withdrawal Agreement; therefore highlights the case launched in December 2021 against the home office in the interest of protecting the rights of European citizens residing in the UK;

Amendment 22 #

Draft opinion
Paragraph 7

7. Highlights the role of the Independent Monitoring Authority in receiving complaints ~~and conducting inquiries regarding alleged breaches of the Withdrawal Agreement~~from the EU citizens and their family members or EEA EFTA countries’ citizens as well as conducting inquiries regarding alleged breaches by the administrative authorities of the United Kingdom of Part Two of the Withdrawal Agreement; recalls its right to bring a legal action before a competent court or tribunal in the United Kingdom;

Amendment 23 #

Kosma ZŁOTOWSKI, Ryszard CZARNECKI, Angel DZHAMBAZKI

Draft opinion
Paragraph 8

8. Notes that the Independent Monitoring Authority focuses on systemic failings in the implementation or application of Part Two of the Agreement and that i~~ndividuals filing complaints must seek redress by other means;~~ t cannot resolve any individual complaints reported, therefore individuals filing complaints must seek resolution by other means that exist under UK law; nevertheless underlines the importance of reported complaints in terms of gathering information concerning common and systemic issues;

Amendment 24 #

Draft opinion
Paragraph 8

8. Notes that the Independent Monitoring Authority focuses on systemic failings in the implementation or application of Part Two of the Agreement and that individuals filing complaints must seek redress by other means without suffering unjustified discrimination;

Amendment 25 #

Ibán GARCÍA DEL BLANCO, Cristina MAESTRE MARTÍN DE ALMAGRO

Draft opinion
Paragraph 11

11. Considers that the EU Settlement Scheme’s requirement that EU citizens with pre-settled status have to make a second application to the scheme in order to be provided with the indefinite right to remain in the UK is ~~problematic~~against the principles of Withdrawal Agreement and puts citizens at a higher risk of missing deadlines; highlights the difficulties that EU citizens may encounter in attempting to apply for settled or pre-settled status owing to the UK Home Office’s insistence on a digital-only approach to the application process; is concerned about the ongoing and growing delays in issuance of residence documents and entry visas;

Amendment 26 #

Draft opinion
Paragraph 11

11. Considers that the EU Settlement Scheme’s requirement that EU citizens with pre-settled status have to make a second application to the scheme in order to be provided with the indefinite right to remain in the UK is problematic and puts citizens at a higher risk of missing deadlines, including the risk of automatic loss of their UK residence; is alarmed by very high levels of applicants who are only accorded the pre-settled status; highlights the difficulties that EU citizens may encounter in attempting to apply for settled or pre-settled status owing to the UK Home Office’s insistence on a digital- only approach to the application process;

Amendment 27 #

Kosma ZŁOTOWSKI, Ryszard CZARNECKI, Angel DZHAMBAZKI

Draft opinion
Paragraph 11

11. Considers that the EU Settlement Scheme’s requirement that EU citizens with pre-settled status have to make a second application to the scheme in order to be provided with the indefinite right to remain in the UK is problematic and can puts citizens at a higher risk of missing deadlines; highlights the difficulties that EU citizens may encounter in attempting to apply for settled or pre-settled status owing to the UK Home Office’s insistence on a digital-only approach to the application process;

Amendment 28 #

Kosma ZŁOTOWSKI, Ryszard CZARNECKI, Angel DZHAMBAZKI

Draft opinion
Paragraph 12

12. Considers that the absence of a physical document creates the risk that many EU citizens and, in particular~~, the elderly~~ disadvantaged and vulnerable ~~and digitally challenged people~~groups such as the older persons and persons with disabilities will struggle to ~~prov~~exercise their rights due to lack of the necessary digital skills; points out that the ~~complexity of prov~~process of gaining digital status may lead to the risk of discrimination against EU citizens;

Amendment 29 #

Ibán GARCÍA DEL BLANCO, Cristina MAESTRE MARTÍN DE ALMAGRO

Draft opinion
Paragraph 12

12. Considers that the absence of a physical document creates the risk that many EU citizens and, in particular, the elderly, the people with disabilities and vulnerable and digitally challenged people will struggle to prove their rights; ~~points out that the complexity of proving digital status may lead to the risk of discrimination against EU citizens;~~ to this end, reaffirms the Parliament’s call for the issuing of a physical document as a proof of the EU citizens’ residing rights in the UK; points out that the complexity of proving digital status may lead to the risk of discrimination against EU citizens; stresses that it is fundamental to create smooth, simple and transparent administrative procedures accessible to all, and that administrative costs, if any, must not exceed those imposed on nationals for issuing similar documents;

Amendment 3 #

Draft opinion
Paragraph 1 b (new)

1 b. Recalls that the Good Friday Agreement presumes the continued application of EU law;

Amendment 30 #

Draft opinion
Paragraph 12

12. Considers that the absence of a physical document creates the risk that many EU citizens and, in particular, the elderly and vulnerable and digitally challenged people will struggle to prove their rights, given the UK's policy, which requires immigrants to prove their immigration status to obtain housing, employment, or access to healthcare, welfare benefits or education; points out that the complexity of proving digital status may lead to the risk of discrimination against EU citizens;

Amendment 31 #

Draft opinion
Paragraph 12

12. Considers that the absence of a physical document creates the risk that many EU citizens and, in particular, the elderly and vulnerable and digitally challenged people will struggle to prove their rights; points out that the complexity of proving digital status may lead to the risk of discrimination against EU citizens; calls on the United Kingdom to facilitate the implementation of non-digital procedures to facilitate the application of the Agreement;

Amendment 32 #

Francesca DONATO

Draft opinion
Paragraph 12 a (new)

12a. Points out that bilateral or multilateral agreements need to be introduced to meet the pressing need for European citizens to have in place both a digital and paper-based solution for all processes relating to identity, health, education and/or training, work, social protection and banking services;

Amendment 33 #

Draft opinion
Paragraph 12 a (new)

12 a. Considers that creation of the additional option of requesting physical documents for holders of settled or pre- settled status, which would complement their existing digital status, would be of particular benefit to those currently disadvantaged by digital-only status;

Amendment 34 #

Kosma ZŁOTOWSKI, Ryszard CZARNECKI, Angel DZHAMBAZKI

Draft opinion
Paragraph 12 b (new)

12 b. Remains concerned at the level of assistance to be provided to older and vulnerable citizens, including those who may have difficulty using digital applications;

Amendment 35 #

Draft opinion
Paragraph 13

13. Calls for reconsideration to be given to ~~better regulation of th~~improve and facilitate conditions of entry and residence in the UK for purposes such as business, research, study, training and youth exchanges;

Amendment 36 #

Draft opinion
Paragraph 13 a (new)

13 a. Regrets the UK’s decision to charge different fees to visa applicants for EU citizens depending on their country of origin;

Amendment 37 #

Kosma ZŁOTOWSKI, Ryszard CZARNECKI, Angel DZHAMBAZKI

Draft opinion
Paragraph 13 b (new)

13 b. Condemns incidents where EU citizens trying to enter the UK without a visa have been detained and held in immigration removal centres, often for disproportionately long periods;

Amendment 38 #

Draft opinion
Paragraph 14

14. Regrets that the United Kingdom has pulled out of mobility programmes, such as Erasmus+, and opted not to take part as an associated third country in the new 2021-2027 Erasmus+ programme as there are several non-EU countries participating;

Amendment 39 #

Kosma ZŁOTOWSKI, Ryszard CZARNECKI, Angel DZHAMBAZKI

Draft opinion
Paragraph 15

15. Calls on the Commission to continue to allow the United Kingdom to participate in EU programmes for the benefit of EU and British young people, aso long as ithe latter fulfils the necessary financial commitments in return.;

Amendment 4 #

Kosma ZŁOTOWSKI, Ryszard CZARNECKI, Angel DZHAMBAZKI

Draft opinion
Paragraph 1 c (new)

1 c. Notes that the Good Friday Agreement is based on human rights, and in particular the European Convention on Human Rights;

Amendment 40 #

Draft opinion
Paragraph 15 a (new)

15 a. Recalls that the possibility of rejoining the EU structures remains open for the United Kingdom, based on the Article 49 of the Treaty on European Union, provided that the Copenhagen criteria are fulfilled and that other Member States and the European Parliament agree.

Amendment 41 #

Draft opinion
Paragraph 15 a (new)

15 a. Calls on the UK authorities to fully respect the Good Friday Agreement in all its parts as stated in the WA and to ensure that there is no weakening of rights for citizens in Northern Ireland;

Amendment 5 #

Draft opinion
Paragraph 1 d (new)

1 d. Considers that any attempt by the British government to remove Northern Ireland from the European Convention on Human Rights, or to disapply any provision of that Convention in Northern Ireland, would be a breach of the Withdrawal Agreement;

Amendment 6 #

Draft opinion
Paragraph 1 e (new)

1 e. Regrets that the Bill of Rights provided for in the Good Friday Agreement has never been enacted;

Amendment 7 #

Draft opinion
Paragraph 1 f (new)

1 f. Invites the European Commission to examine British legislation in order to ensure its compliance with Article 2 of the Protocol, including (but not limited to) a) The Northern Ireland Troubles (Legacy and Reconciliation) Bill, , which provides an amnesty for state forces and others for criminal acts committed during the conflict; b) The Nationality and Borders Act, which criminalises EU citizens who do not obtain an electronic travel authorisation before crossing the border in Ireland; c) The Covert Human Intelligence Sources(Criminal) Conduct Act, which authorises criminal activity undertaken by law enforcement agents; d) The Police, Crime, Sentencing and Courts Act, which criminalises peaceful protest;

Amendment 8 #

Ibán GARCÍA DEL BLANCO, Cristina MAESTRE MARTÍN DE ALMAGRO

Draft opinion
Paragraph 2

2. Stresses that the EU-UK Withdrawal Agreement (‘the Agreement’), whose full compliance was a precondition for the ratification of the EU-UK Trade and Cooperation Agreement (TCA), allows both EU citizens and affected families residing in the UK and UK nationals residing in the EU-27 to continue to live in the host state and exercise their rights, as guaranteed by EU law; in this regards, regrets that so far the United Kingdom has not fully implemented the Withdrawal Agreement, in particular with regard to the Northern Ireland Protocol;

Amendment 9 #

Draft opinion
Paragraph 2 a (new)

2 a. Recalls that children are protected by the Withdrawal Agreement, wherever they are born, before or after the United Kingdom's withdrawal from the EU, or whether they are born inside or outside the host state where the EU citizen or the UK national resides;

source: 738.496

2022/12/19 AFCO 85 amendments...

Amendment 1 #

Motion for a resolution
Citation 3

— having regard to the ~~Good Friday~~Belfast Agreement of 10 April 1998, signed by the Government of the UK, the Government of Ireland and the other participants in the multi-party negotiations (the ‘Good Friday Agreement’),

Amendment 10 #

Motion for a resolution
Recital E

E. whereas the Protocol aims to avoids a ‘hard border’ on the island of Ireland, safeguarding the Good Friday Agreement while ensuring the integrity of the EU’s single market;

Amendment 11 #

Motion for a resolution
Recital E a (new)

E a. whereas the European Commission published on 13 October 2021 bespoke arrangements to benefit Northern Ireland;

Amendment 12 #

Chris MACMANUS, Helmut SCHOLZ

Motion for a resolution
Recital E b (new)

E b. whereas the UK has recently put forward the Northern Ireland Bill which aims to unilaterally disapply Provisions of the Protocol; whereas such proposal constitutes a clear breach of international commitments under the Withdrawal Agreement;

Amendment 13 #

Motion for a resolution
Recital E a (new)

E a. Whereas the Withdrawal Agreement (Article 2, Irish Protocol) provides that there shall be “no diminution of rights, safeguards or equality of opportunity” for people in Northern Ireland;

Amendment 14 #

Laura HUHTASAARI, Gerolf ANNEMANS, Gunnar BECK, Jaak MADISON

Motion for a resolution
Paragraph 1

1. Recalls that the Withdrawal Agreement allowed for the orderly withdrawal of the UK from the EU, avoiding a ‘cliff edge’; recalls that its negotiation was a historic yet cumbersome and lengthy political process, during which both parties have put forward considerable political, administrative, financial and other resources; points out this was a period of deep uncertainty for the EU-27 and the UK and their respective stakeholders;

Amendment 15 #

Motion for a resolution
Paragraph 1

1. Recalls that the Withdrawal Agreement ~~allowed for the orderly withdrawal of the UK from the EU, avoiding a ‘cliff edge’;~~ was a compromise solution between a full EU membership and a clean break from the EU system; reminds that in the latter case trade between the EU and the UK would still have been governed by the WTO's rule-based trading regime, which is the foundation of the international trading system, and which is comprehensive, tried, tested, and respected by the world's trading nations;

Amendment 16 #

Motion for a resolution
Paragraph 1

1. Recalls that the Withdrawal Agreement allowed for the orderly withdrawal of the UK from the EU, minimizing social and economic disruption and avoiding a ‘cliff edge’ scenario;

Amendment 17 #

Laura HUHTASAARI, Gerolf ANNEMANS, Gunnar BECK, Gilles LEBRETON, Jaak MADISON

Motion for a resolution
Paragraph 2

~~2. Notes that, as expected, Brexit has proven to be damaging for all concerned, and even more so for the UK; points out that it would have been much worse without the Withdrawal Agreement;~~deleted

Amendment 18 #

Motion for a resolution
Paragraph 2

2. Notes that, as expected, Brexit has proven to be damaging for all concerned, and even more so for the UK; points out that ~~it would have been much wors~~the disruption and legal uncertainty caused by the UK withdrawal would have been much worse for citizens, businesses, and public administrations in the EU and UK alike without the Withdrawal Agreement;

Amendment 19 #

Helmut SCHOLZ, Chris MACMANUS

Motion for a resolution
Paragraph 2

2. Notes that, as expected, Brexit has proven to be damaging for all concerned, and even more so for the UK; notes that regions involved in Interreg projects with the UK have been particularly affected; points out that it would have been much worse without the Withdrawal Agreement;

Amendment 2 #

Motion for a resolution
Citation 10 a (new)

— having regard to the Resolution of the Parliamentary Assembly of the Council of Europe on “The impact of Brexit on human rights on the island of Ireland” (Resolution 2464 (2022)1a _________________ 1a 1a. Assembly debate on 13 October 2022 (33rd sitting) (see Doc. 15615, report of the Committee on Political Affairs and Democracy, rapporteur: Mr George Katrougalos). Text adopted by the Assembly on 13 October 2022 (33rd sitting).

Amendment 20 #

Motion for a resolution
Paragraph 2

2. Notes that, as expected, Brexit has proven to be damaging for all concerned, and even more so for the UK; points out that it would have been much worse without ~~the Withdrawal Agreement~~an orderly withdrawal;

Amendment 21 #

Motion for a resolution
Paragraph 3

3. Highlights that the Withdrawal Agreement provided the legal framework for safeguarding citizens’ rights; avoiding a ‘hard border’ on the island of Ireland and respecting the Good Friday Agreement, while protecting the integrity of the EU’s single market; ensuring a fair financial settlement; and establishing effective dispute settlement and joint institutions to monitor and enforce its implementation;

Amendment 22 #

Motion for a resolution
Paragraph 3

Amendment 23 #

Laura HUHTASAARI, Gerolf ANNEMANS, Gunnar BECK, Gilles LEBRETON, Jaak MADISON

Motion for a resolution
Paragraph 4

Amendment 24 #

Motion for a resolution
Paragraph 4

4. Notes that some important improvements are still to be made to safeguard citizens’ rights and that the first three years of the implementation of the Withdrawal Agreement have been tarnished by the UK’s continuous breaches of its commitments under the Protocol on Ireland/Northern Ireland; underlines that the UK’s unilateral actions disregarding provisions of the Protocol are in violation of international law;

Amendment 25 #

Motion for a resolution
Paragraph 4

Amendment 26 #

Motion for a resolution
Paragraph 5

5. SReiterates that the provisions of the Withdrawal Agreement must be respected and implemented; stresses that compliance with treaties constitutes a fundamental principle of international law and that a trusting relationship between the EU and the UK depends on all parties respecting their legally binding commitments;

Amendment 27 #

Laura HUHTASAARI, Gerolf ANNEMANS, Gunnar BECK, Gilles LEBRETON, Jaak MADISON

Motion for a resolution
Paragraph 5

5. Stresses that compliance with treaties constitutes a fundamental principle of international law ~~and that a trusting relationship between the EU and the UK depends~~ ; reminds, however, that according to a general principle of internation al~~l parties respecting their legally binding commitment~~ law, states can terminate or modify a treaty due to changed circumstances;

Amendment 28 #

Motion for a resolution
Paragraph 5 a (new)

5 a. Welcomes the [adoption] of the Regulation laying down rules for the exercise of the Union’s rights in the implementation and enforcement of the Withdrawal Agreement and the EU-UK Trade and Cooperation Agreement; recalls that prior to that regulation, the Union was not equipped with an effective crisis management tool to proportionately respond to UK breeches of the Withdrawal Agreement;

Amendment 29 #

Motion for a resolution
Paragraph 5 a (new)

5 a. Recalls that the Withdrawal Agreement has direct effect on the EU’s and UK’s respective legal orders; points out that its provisions can be invoked directly in national courts by the legal subjects concerned; underlines that any contradictory national implementing measure must be disregarded and cannot be enforced;

Amendment 3 #

Motion for a resolution
Recital A a (new)

A a. whereas the Withdrawal Agreement allowed for the orderly withdrawal of the UK from the European Union; whereas the Withdrawal Agreement stablished a Joint Committee, which is responsible for the implementation and application of the Agreement; whereas the Withdrawal Agreement establishes six specialised committees covering the following areas: Citizens’ Rights; Other Separate Provisions; Ireland/Northern Ireland; Gibraltar; Sovereign Base Areas in Cyprus; and Financial Provisions;

Amendment 30 #

Laura HUHTASAARI, Gerolf ANNEMANS, Gunnar BECK, Gilles LEBRETON, Jaak MADISON

Motion for a resolution
Paragraph 5 a (new)

5 a. Regrets that the EU has failed to learn from its mistakes, which led to the Brexit, and to reform itself to a community of free cooperation between independent and sovereign nation states, and, consequently, risks being fallen apart;

Amendment 31 #

Motion for a resolution
Paragraph 6

6. Recalls that the Withdrawal Agreement provides that all EU citizens who were legally residing in the UK and all UK nationals who were legally residing in an EU Member State on 31 December 2020 enjoy the full set of rights established under EU law; underlines that the protection of these rights is contingent on the full implementation of the Withdrawal Agreement;

Amendment 32 #

Motion for a resolution
Paragraph 6

6. Recalls that the Withdrawal Agreement provides that all EU citizens who were legally residing in the UK and all UK nationals who were legally residing in an EU Member State onand continue to do so after 31 December 2020 enjoy the full set of rights as established under EU law, and interpreted by the Court of Justice of the European Union (CJEU);

Amendment 33 #

Motion for a resolution
Paragraph 7

7. Welcomes the UK’s establishment of the EU Settlement Scheme to fulfil its obligations to EU citizens and their family members; expresses concern at the high number of applicants, up to 41 %, who are only accorded pre-settled status; recalls that the Withdrawal Agreement makes clear that the administrative procedures under a constitutive system must be ‘smooth, transparent and simple’; is worried that EU citizens with pre-settled status have to make a second application to obtain settled status, which might lead to an automatic and illegal loss of their rights;

Amendment 34 #

Motion for a resolution
Paragraph 7

7. Welcomes the UK’s establishment of the EU Settlement Scheme to fulfil its obligations to EU citizens and their family members; expresses concern at the high number of applicants, up to 41 %, who awere only accorded pre-settled status; ~~is worried that EU citizens with pre-settled status have to make a second application to obtain settled status, which might lead to an automatic and illegal loss of their rights;~~

Amendment 35 #

Motion for a resolution
Paragraph 7

7. Welcomes the UK’s establishment of the EU Settlement Scheme to fulfil its obligations to EU citizens and their family members; expresses concern at the high number of applicants, up to 41 0%, who are only accorded pre-settled status; is worried that EU citizens with pre-settled status have to make a second application to obtain settled status, which might lead to an automatic and illegal loss of their rights;

Amendment 36 #

Motion for a resolution
Paragraph 7 a (new)

7 a. Is concerned by the very long delays in decision-making by the UK government related to citizens’ rights; notes that as of June 2022, 225,000 applications were waiting for a decision, most of which for more than six months; is particularly concerned about the delays regarding cases of family reunification; draws attention to the fact that delays in decision-making for family reunification cases went from an average of 95 calendar days in July 2021 to 291 calendar days in June 2022; calls on the UK government to do its utmost to speed up its decision-making process;

Amendment 37 #

Motion for a resolution
Paragraph 7 a (new)

7 a. Notes that by 30 of September 2022 and under the EUSS, the UK received 6,874,700 applications of which 822,630 were received after the 30 June 2021 deadline; Notes that of the concluded outcomes, 50% (3,359,250) were granted settled status, 40% (2,677,190) were granted pre-settled status and 10% had other outcomes (including 375,400 refused applications, 143,550 withdrawn or void applications, and 131,150 invalid applications);

Amendment 38 #

Motion for a resolution
Paragraph 7 a (new)

7 a. Notes that the deadline for most EU citizens to apply for settled status lapsed on 30 June 2021; calls on UK authorities to honour the spirit of the Withdrawal Agreement and be lenient when considering applications submitted after this deadline;

Amendment 39 #

Motion for a resolution
Paragraph 7 b (new)

7 b. Is concerned about the late applicants situation, since many citizens remain in limbo about their immigration status, potentially generating problems in the context of the "UK's hostile environment policy";

Amendment 4 #

Motion for a resolution
Recital B

B. whereas the relationship between the EU and the UK must be based on full respect for the international commitments that both parties have negotiated, signed and ratified and which constitutes binding legal obligations for both sides;

Amendment 40 #

Motion for a resolution
Paragraph 7 b (new)

7 b. Recognizes that the UK government chose to not decline any applications if they have been submitted past the official deadline; welcomes the flexibility shown by the UK government in that regard;

Amendment 41 #

Motion for a resolution
Paragraph 7 c (new)

7 c. Notes that the UK government chose to establish a two-step system whereby pre-settled EU citizens will have to apply in a non-automatic manner to request their settled status; reminds that the first wave of EU citizens with pre- settled status that will have to apply for their settled status will start in the second half of 2023; expresses concern that during their second application, eligible EU citizens will have to prove continued residence, making the settled status application procedure more onerous than the pre-settled one;

Amendment 42 #

Motion for a resolution
Paragraph 7 c (new)

7 c. Echoes the Commission's concerns regarding the lack of legal clarity to EU citizens, who hold a new UK residence status, as to whether their rights are guaranteed by the Withdrawal Agreement or by the UK immigration law;

Amendment 43 #

Motion for a resolution
Paragraph 7 d (new)

7 d. Commends the contribution of the UK’s Independent Monitoring Authority (IMA) in upholding EU citizens’ rights; is closely following the legal challenge brought by the IMA before the UK High Court on the UK government’s position that EU citizens who fail to either apply for settled status or re-apply for pre- settled status before the expiry of their pre-settled status will automatically lose their rights; stresses that under Article 15(3) of the Withdrawal Agreement, once citizens acquire the right of permanent residence, it can only be lost through absence from the home state for a period exceeding five consecutive years; supports the Commission in its participation in the court proceedings;

Amendment 44 #

Motion for a resolution
Paragraph 7 d (new)

7 d. Welcomes the Sixth joint report on the implementation of residence rights under part two of the Withdrawal Agreement of 26 January 2022;

Amendment 45 #

7 e. Welcomes the establishment of the IMA provided for in Article 159 of the Withdrawal Agreement, whose role is to make sure that the UK authorities adequately and effectively implement the rights provided for by the Citizens’ Rights agreements; Reiterates the importance of ensuring that the Authority exercises its role in a genuinely independent manner;

Amendment 46 #

Motion for a resolution
Paragraph 7 f (new)

7 f. Welcomes the 2021 IMA’s Annual Activity Report to the Specialised Committee on Citizens’ Rights; Notes that the Authority has received 237 complaints in 2021 and that 70% of it are related to the Home Office related matters, including UK Visas and Immigration, Border Force and Immigration Enforcement;

Amendment 47 #

Motion for a resolution
Paragraph 7 g (new)

7 g. Welcomes the Report on the IMA’s second survey of July 2022; Notes, with concern, that 3 out of 4 respondents had not heard about the IMA prior to the 2022 survey; Calls on the IMA to improve its communication and awareness campaign efforts;

Amendment 48 #

Motion for a resolution
Paragraph 7 h (new)

7 h. Notes that IMA issued judicial review proceedings against the Home Office, as it considers their position that citizens who fail to apply for Settled Status before the expiry of their Pre-Settled Status automatically lose their rights is unlawful;

Amendment 49 #

Motion for a resolution
Paragraph 8

8. Reiterates its view that greater certainty would be provided to EU citizens in the UK if they were issued with a physical document as proof of their right as residents; Expresses its concern about the difficulties that EU citizens may encounter when applying for settled or pre-settled status due to the UK’s insistence on a digital-only approach; Is concerned that the digital-only approach applications can be discriminatory and have a negative effect on applicants from disadvantaged backgrounds or in vulnerable situations;

Amendment 5 #

Motion for a resolution
Recital C

C. whereas the Withdrawal Agreement protects the rights of EU citizens living in the UK and of UK citizens living in the EU in accordance with Part II of the Agreement; whereas protection of these rights legally continues beyond the completion of the UK’s exit;

Amendment 50 #

Motion for a resolution
Paragraph 8

8. Reiterates its view that greater certainty would be provided to EU citizens in the UK if they were issued with a physical document as proof of their right as residents; reiterates its position that a declaratory system would provide even more legal certainty for the citizens concerned while alleviating the administrative burden on British authorities;

Amendment 51 #

Motion for a resolution
Paragraph 8 a (new)

8 a. Notes with concern that a substantial number of EU citizens and their family members with a digital UK residence status encounter problems with carriers when boarding flights back to the UK; calls on the UK government to continue working with carriers to find solutions;

Amendment 52 #

Motion for a resolution
Paragraph 8 b (new)

8 b. Is worried that EU citizens with pre-settled status may lose all their rights in the UK upon imprisonment; recalls that under the Withdrawal Agreement, EU citizens with pre-settled status that are imprisoned should see their 5-year clock reset but not lose their pre-settled status; calls on the UK government to keep guaranteeing imprisoned EU citizens with pre-settled status’ residence rights to as provided by the Withdrawal Agreement;

Amendment 53 #

Motion for a resolution
Paragraph 9

9. Is concerned about the difficulties faced by UK nationals in clarifying their status in some EU countries; calls on Member States to show a similar degree of flexibility as the UK government does regarding the processing of late applications; welcomes the Commission’s initiatives to provide guidance to the Member States in this respect;

Amendment 54 #

Motion for a resolution
Paragraph 9

9. Is concerned about the difficulties faced by UK nationals in clarifying their status in some EU countries; welcomes the Commission’s initiatives to provide guidance to the Member States in this respect; calls on the Member States with a constitutive system to consider adopting a declaratory system or elements thereof

Amendment 55 #

Motion for a resolution
Paragraph 9 a (new)

9 a. Highlights the importance of grassroots organizations in advocating that citizens’ rights are respected in the UK and the EU in accordance with the Withdrawal Agreement; commends in particular the work done by ‘The3Million’ and ‘British In Europe’; notes with regret that some of the organizations advocating for UK citizens’ rights in Europe have had to cease their work due to their lack of funding;

Amendment 56 #

Motion for a resolution
Paragraph 10 a (new)

10 a. Takes note of the regular publication of joint reports on the implementation of residence rights under the Withdrawal Agreement by the EU-UK Specialised Committee on Citizens’ Rights and of the annual reports from the Secretariat to the Joint Committee; highlights their usefulness in the monitoring of the implementation of Part II of the Withdrawal Agreement;

Amendment 57 #

Motion for a resolution
Paragraph 10 a (new)

10 a. Condemns incidents where EU citizens trying to enter the UK without a visa have been detained and held in immigration removal centres, often for disproportionately long periods; deplores the UK’s decision to charge different fees to visa applicants from a number of different EU countries depending on their country of origin;

Amendment 58 #

Motion for a resolution
Subheading 3

The Protocol on Ireland/Northern Ireland

Amendment 59 #

Motion for a resolution
Paragraph 11

11. Recalls that the Protocol was agreed as a compromise to safeguard the Good Friday Agreement in all its parts and prevent the establishment of a physical border on the island of Ireland, while protecting the integrity of the EU single market; recalls, furthermore, that the final version of the Protocol was in fact proposed by the UK Government, leading to the abandonment of ~~the~~ previous versions of the ‘backstop’;

Amendment 6 #

Motion for a resolution
Recital C a (new)

C a. whereas the misalignment between status under the EU Settlement Scheme (EUSS) and Withdrawal Agreement rights may present a risk of legal uncertainty for EU citizens;

Amendment 60 #

Motion for a resolution
Paragraph 11

11. Recalls that the Protocol was agreed as a compromise to safeguard the Good Friday Agreement in all its parts and prevent the establishment of a ~~physical~~hard border on the island of Ireland, while protecting the integrity of the EU single market; recalls, furthermore, that the final version of the Protocol was in fact proposed by the UK Government, leading to the abandonment of the previous version of the ‘backstop’;

Amendment 61 #

Motion for a resolution
Paragraph 12

12. Strongly regrets the UK’s lack of political will and failure to act in good faith and in compliance with its commitments under the Protocol; denounces the UK’s unwillingness to comply with the applicable customs requirements, supervision requirements and risk controls on the movement of goods from Northern Ireland to Great Britain; regrets the UK’s unwillingness to transpose and implement applicable EU legislation on excise duties, including on alcohol and alcoholic beverages, as well as VAT; regrets, in particular, the lack of support given to the EU staff in charge of monitoring customs checks in the Irish Sea, the insufficient access to UK customs data and the successive unilateral grace periods that have undermined border checks, in clear breach of the Protocol;

Amendment 62 #

Motion for a resolution
Paragraph 12

12. Strongly regrets the UK’s lack of political will and failure to act in good faith and in compliance with its commitments under the Protocol; regrets, in particular, the lack of support given to the EU staff in charge of monitoring customs checks in the Irish Sea, the insufficient access to UK customs data and the successive unilateral grace periods that have undermined border checks, in clear breach of the Protocol; welcomes the ongoing work at technical level between the Commission and the UK to ensure access of EU services to UK live customs data for risk analysis purposes; expects a prompt finalization of the arrangement;

Amendment 63 #

Motion for a resolution
Paragraph 12

12. ~~Strongly r~~Regrets the UK’s lack of political will and failure to act in good faith and in compliance with its commitments under the Protocol; regrets, in particular, the lack of support given to the EU staff in charge of monitoring customs checks in the Irish Sea, the insufficient access to UK customs data and the successive unilateral grace periods that have undermined border checks, in clear breach of the Protocol; Acknowledges and welcomes recent reports on progress regarding the sharing of real-time customs data between the EU and UK relating to the movement of goods across the Irish Sea, via the UK government’s EU Access System.

Amendment 64 #

Motion for a resolution
Paragraph 13

13. Stresses that any breach of the Protocol is a breach of international legal commitments and an unacceptable ~~show~~demonstration of disrespect for the rule of law;

Amendment 65 #

Motion for a resolution
Paragraph 14

14. Expresses ~~strong concerns about the recently proposed~~concern regarding the progress of the Northern Ireland Protocol Bill, whereby the UK Government insists on unilaterally disapplying provisions of the Protocol; recalls that a bilateral agreement cannot be changed unilaterally; calls on the UK Government to immediately withdraw this proposal, refrain from unilateral action and fully implement the agreements that it has signed; Expresses hope that a joint solution can be reached between the EU and UK regarding post-Brexit trading arrangements for Northern Ireland; Notes that, according to recent polling, the majority of those living in Northern Ireland have a preference for a joint agreement, rather than UK unilateral action, in this regard; Welcomes the resumption of technical talks between the EU and UK.

Amendment 66 #

14. Expresses strong concerns about the UK’s continued preference for the use of unilateral measures to amend and/or break the bilateral agreements despite of the availability of two dispute settlement mechanisms envisaged in the Withdrawal Agreement; notes that the UK government first intended to do so via its Internal Market Bill; is particularly worried about the continuation of this trend with the recently proposed Northern Ireland Protocol Bill, wh~~ereby the UK Government~~ ich would give UK Minsist~~s on~~ers far-ranging unilaterally rights to disapply~~ing~~ provisions of the Protocol; recalls that a bilateral agreement cannot be changed unilaterally; calls on the UK Government to immediately withdraw this proposal, refrain from unilateral action and fully implement the agreements that it has signed;

Amendment 67 #

Motion for a resolution
Paragraph 14

14. Expresses strong concerns about the recently proposed Northern Ireland Protocol Bill, whereby the UK Government insists on unilaterally disapplying provisions of the Protocol; Considers that this attitude is contrary to the spirit of dialogue and pragmatic solution as displayed by the UK authorities; recalls that a bilateral agreement cannot be changed unilaterally; calls on the UK Government to immediately withdraw this proposal, refrain from unilateral action and fully implement the agreements that it has signed;

Amendment 68 #

Motion for a resolution
Paragraph 14

14. Expresses strong concerns about the recently proposed Northern Ireland Protocol Bill, whereby the UK Government insists on unilaterally ~~disapplying~~cease to comply with key provisions of the Protocol; recalls that a bilateral agreement cannot be changed unilaterally; calls on the UK Government to immediately withdraw this proposal, refrain from unilateral action and fully implement the agreements that it has signed; encourages EU and UK negotiators to find a joint solution and ensure the Protocol is upheld;

Amendment 69 #

Motion for a resolution
Paragraph 15

15. Recalls the unilateral declaration made by the UK Government, in the context of the Protocol, concerning the operation of the ‘Democratic consent in Northern Ireland’ provision in a manner consistent with the Good Friday Agreement; underlines that, in accordance with that unilateral declaration, ‘democratic consent’ to the Protocol does not necessarily require cross-community support, but rather must be provided in due time by the majority of the Northern Ireland Assembly; recalls that in the most recent elections in Northern Ireland, a clear majority of voters voted for parties that supported the Protocol; Considers that the dithering of the UK Government further undermines the stability of Northern Ireland;

Amendment 7 #

Motion for a resolution
Recital C b (new)

C b. whereas the UK’s Independent Monitoring Authority (IMA) has been established on 31 December 2020;

Amendment 70 #

Motion for a resolution
Paragraph 15

15. Recalls the unilateral declaration made by the UK Government, in the context of the Protocol, concerning the operation of the ‘Democratic consent in Northern Ireland’ provision in a manner consistent with the Good Friday Agreement; underlines that, in accordance with that unilateral declaration, ‘democratic consent’ to the Protocol ~~does not necessarily require cross-community support, but rather~~ must be provided in due time by the majority of the Northern Ireland Assembly; recalls that in the most recent elections in Northern Ireland, a clear majority of voters voted for parties that supported the Protocol; strongly encourages the Commission to pursue its outreach activities with all communities in Northern Ireland;

Amendment 71 #

Motion for a resolution
Paragraph 15

15. Recalls the unilateral declaration made by the UK Government, in the context of the Protocol, concerning the operation of the ‘Democratic consent in Northern Ireland’ provision in a manner consistent with the Good Friday Agreement; underlines that~~, in accordance with that unilateral declaration, ‘democratic consent’ to the Protocol does not necessarily require cross-community support, but rather must be provided~~ the Protocol fully recognises the constitutional position of Northern Ireland and the principle of consent as set out in the Good Friday Agreement, and provides for confirmation in due time by the majority of the Northern Ireland Assembly; recalls that in the most recent elections in Northern Ireland, a clear majority of voters voted for parties that supported the Protocol;

Amendment 72 #

Chris MACMANUS, Helmut SCHOLZ

Motion for a resolution
Paragraph 15 a (new)

15 a. Recalls that ensuring the enforcement of the Good Friday Agreement is a UK obligation and that any unilateral action with the potential of undermining such agreement is in violation of international law;

Amendment 73 #

15 a. Notes that Brexit has intensified public discussion about Irish unity, as provided for in the Good Friday Agreement, as a pathway for Northern Ireland to rejoin the EU;

Amendment 74 #

Chris MACMANUS, Helmut SCHOLZ

Motion for a resolution
Paragraph 15 b (new)

15 b. Invites the European Commission to examine British legislation in order to ensure its compliance with Article 2 of the Protocol, including (but not limited to): a. The Bill of Rights Bill, which disapplies the European Convention on Human Rights; b. The Northern Ireland Troubles (Legacy and Reconciliation) Bill, which provides an amnesty for state forces and others for criminal acts committed during the conflict; c. The Nationality and Borders Act, which criminalises EU citizens who do not obtain an electronic travel authorisation before crossing the border in Ireland;

Amendment 75 #

Motion for a resolution
Paragraph 16

16. Reiterates its opposition to any renegotiation of the Protocol; welcomes the ~~proposals made~~set of bespoke arrangements proposed by the Commission in October 2021 to find reasonable and flexible solutions for the smooth implementation of the Protocol and urges the UK Government to engage constructively vis-à-vis these efforts through the EU-UK Joint Committee with a view to reaching a jointly agreed permanent solution as soon as possible;

Amendment 76 #

Motion for a resolution
Paragraph 16

16. Reiterates its opposition to any renegotiation of the Protocol; welcomes the proposals made by the Commission to find reasonable and flexible solutions for the smooth implementation of the Protocol and urges the UK Government to engage constructively ~~vis-à-vis these efforts through the Joint Committee~~;

Amendment 77 #

Motion for a resolution
Paragraph 17

17. Expresses its complete support for the legal initiatives launched by the Commission in order to ensure the full implementation of the Withdrawal Agreement; calls on the Commission to expedite the pending infringement proceedings against the UK; welcomes the Commission’s proposal for a regulation on the enforcement mechanisms welcomes the Commission’s proposal for a regulation on the enforcement mechanisms of the Withdrawal Agreement and the TCA; underlines that the enforcement toolbox under the TCA could also be used to strengthen the enforcement of the Protocol;

Amendment 78 #

Motion for a resolution
Paragraph 17

17. Expresses its complete support for the legal initiatives launched by the Commission in order to ensure the full implementation of the Withdrawal Agreement; welcomes the ~~Commission’s proposal~~provisional interinstitutional agreement for a regulation on the enforcement mechanisms of the Withdrawal Agreement and the TCA; underlines that the enforcement toolbox under the TCA could also be used to strengthen the enforcement of the Protocol;

Amendment 79 #

Motion for a resolution
Paragraph 19

19. Welcomes the fruitful cooperation in this area and the fact that the EU and the UK have reaffirmed their commitment to complying with their financial obligations under the Withdrawal Agreement; however, draws attention to the considerable disparity between estimates of the net financial settlement made by the UK’s Office for Budget Responsibility and the European Commission; calls on the European Commission to leverage all instruments at its disposal to avoid any budgetary uncertainty and ensure all financial commitments under the Withdrawal Agreement are paid out in full;

Amendment 8 #

Motion for a resolution
Recital D

D. whereas the Withdrawal Agreement provides for an orderly and fair financial settlement with the UK;

Amendment 80 #

Motion for a resolution
Paragraph 20

20. Welcomes the fact that the governance structures responsible for the implementation of the Withdrawal Agreement are fully operational, in particular its Specialized Committee on Citizens’ rights, which meets very regularly; calls on the UK to make full use of these structures instead of pursuing unilateral action;

Amendment 81 #

Motion for a resolution
Paragraph 22

22. Welcomes the active involvement of the EU-UK Parliamentary Partnership Assembly (PPA); believes that this Assembly provides a good framework for parliamentary cooperation on common challenges, including on the implementation of the Withdrawal Agreement and the Protocol on Ireland/Northern Ireland; recalls that in its letter of 8 November 2022 to the Partnership Council the EU-UK PPA took note of the abovementioned difficulties with the implementation of the EU Settlement Scheme, welcomed the work of the IMA, pointed out that different nationalities are treated differently by the UK when applying for work visas, and called on the Partnership Council to set out a future mobility scheme for young people between the EU and the UK; welcomes that devolved territories were given an active role during the second meeting of the EU-UK PPA in November 2022;

Amendment 82 #

Motion for a resolution
Paragraph 22

22. Welcomes the active involvement of the EU-UK Parliamentary Partnership Assembly; believes that this Assembly provides a good framework for parliamentary cooperation on common challenges, including on the implementation of the Withdrawal Agreement and the Protocol; Regrets the absence of representation of the devolved parliaments (Senedd Cymru, The Northern Ireland Assembly and the Pàrlamaid na h-Alba) in this joint Parliamentary Assembly;

Amendment 83 #

Motion for a resolution
Paragraph 22 a (new)

22 a. Recalls that Spain and the UK reached an understanding on a possible framework for an agreement on Gibraltar on 31 December 2020; Recalls that on 20 July 2021 the Commission presented a recommendation for a Council decision authorising the opening of negotiations with the UK in respect of Gibraltar and for negotiating directives; Notes that the Council adopted a decision authorising the opening of negotiations for an EU-UK agreement in respect of Gibraltar, as well as the negotiating directives on 5 October 2021; Notes that as of October 2022, nine negotiating rounds have been completed;

Amendment 84 #

Motion for a resolution
Paragraph 22 a (new)

22 a. Insists that a central place must be given to devolved governments and parliaments, as well as EU local and regional impacted authorities in the governance structures responsible for the implementation of the Withdrawal Agreement, particularly in Ireland, given the importance of the Northern Ireland Protocol in the Withdrawal Agreement

Amendment 85 #

Motion for a resolution
Paragraph 22 b (new)

22 b. Welcomes the Committee of the Regions-UK Contact Group, established in February 2020, providing a forum for continued dialogue and political partnership between the EU and UK local and regional authorities and encourages the European Parliament to adopt a similar interaction between the Committee of the Regions-UK Contact Group and the European Parliament's Delegation to the UK to provide territory-based evidence about the implementation of the Withdrawal Agreement;

Amendment 9 #